HC Deb 04 March 1884 vol 285 cc500-1
MR. SEXTON

asked the Chief Secretary to the Lord Lieutenant of Ireland, If his attention has been drawn to a case of the Queen, at the prosecution of Head-Constable John Shannon, against Angus Hannan, an Orangeman, for having arms in his possession in a proclaimed district, heard at Omagh, county Tyrone, on Monday last, by the local bench of magistrates; whether the solicitor for the defendant pleaded guilty on his behalf, and said he was drunk at the time the revolver was found upon him; whether the bench, on the occasion, was composed of six justices, five unpaid, all of whom are Protestants, and the resident stipendiary magistrate; whether the five unpaid magistrates agreed to fine the defendant twenty shillings, overruled the resident magistrate, who was of opinion the defendant should be sent to prison, refused the request of the resident magistrate that his objection to the ruling should be entered on the order book, and allowed the solicitor for the defence to say to the resident magistrate, "You have no right to come here and stultify the decision of the majority of the bench;" whether, under 44 and 45 Vic. c. 5, s. 5, the defendant was liable to be imprisoned for a term not exceeding three months, or to pay a penalty not exceeding twenty pounds; what notice will be taken of the language of the solicitor, and the conduct of the majority of the bench; whether three of the justices concerned, namely, A. C. Buchanan, chairman, Major Thomas Auchinleck, and William James Harvey, had previously attached their names to a public declaration, condemning the Government for superseding Lord Rossmore, and applauding his conduct as an Orangeman; and whether Major Auchenleck is master of an Orange Lodge, and was one of those who lately issued an appeal for funds— To defray the expenses of securing the attendance of loyal men to counteract any invasion by the rebels, the term "invasion" referring to the public meeting notified to be held at Dromore on New Year's Day; whether, according to the last census, there are in the county of Tyrone, where this case occurred, 109,564 Catholics and 87,669 persons of all other denominations; how many Catholic magistrates are in the county; how many Catholics have been recommended by the Lieutenant of Tyrone, Lord Charlemont, for appointment to the Commission of the Peace during the twenty years of his Lieutenancy, and how many of those have been appointed; and, how soon the Irish Executive will complete their arrangements to prevent the hearing of cases involving party feeling by the unpaid magistracy, as at present constituted?

MR. TREVELYAN

Sir, the facts with regard to the hearing of the case are stated in the Question with substantial accuracy. The Chairman of the Bench informs me, however, that he did not refuse to allow the Resident Magistrate's protest to be entered, but that he refused to have it written on the face of the order itself. The Government cannot take any notice of the language of the solicitor. It was for the magistrates to have done so. The statements with regard to the magistrates in the paragraph commencing "Whether three of the Justices concerned" are, I believe, accurate, and also the question of figures as to the religious denomination of the inhabitants of Tyrone. According to a Return recently presented to the House, on the Motion of the hon. Gentleman, the number of Catholic magistrates in Tyrone was six. The Government have no means of ascertaining how many Roman Catholics were recommended to the Lord Chancellor for the Commission of the Peace during the 20 years of Lord Charlemont's Lord Lieutenancy of the county. I have, on a former occasion, stated the Government will consider the propriety of issuing Proclamations under the Crimes Act where Party disturbances are likely to occur, so as to secure that cases arising out of them shall be heard in the manner provided by that Act—before Resident Magistrates. The charge in this case was not of a Party character. It was for carrying arms in a proclaimed district, and for assaulting a sentry. The Chairman did not know that the prisoner was an Orangeman, and I understand that a witness examined on his behalf belonged to the opposite side of politics.