§ MR. SEXTONasked the First Lord of the Treasury, Whether, acting on the precedents in the cases of Galley and Habron, the Government will propose to grant compensation to Bryan Kilmartin, of Arran Island (lately released from penal servitude, his innocence being established), in consideration of 1723 the injury to his health, and the loss to his wife and children, resulting from a half-year's imprisonment awaiting his trial, and nearly two years' penal servitude?
MR. GLADSTONESir, I have inquired into this matter and find that the subject has received attention. I myself have no official cognizance of the facts; but the conclusion arrived at by the Irish Government is, that they do not feel themselves at liberty to comply with the prayer in the Memorial with reference to the case of Kilmartin. To do so would involve a departure from the general rule, which shows that the granting of compensation in such cases is extremely rare, and that such granting compensation has been confined to cases in which there is no doubt of the innocence of the person whose case is considered. The release of Kilmartin took place upon the ground that there was doubt of guilt; but it would be a complete alteration of the prevailing and, I believe, unvarying rule if compensation were given in cases where there is only doubt of guilt. I ought to say that the cases referred to, of Galley and Habron—of which, however, I have no official knowledge—were cases in which there was no doubt of their innocence.
§ LORD RANDOLPH CHURCHILLI beg to ask the right hon. Gentleman whether Kilmartin received a free pardon or was released on a ticket-of-leave; and if not on a ticket-of-leave, on what basis is it to be said that there is a doubt of his innocence?
§ [No. reply.]
§ MR. SEXTONI will endeavour, on a future occasion, to convince the right hon. Gentleman and the House that there is no rational doubt of the innocence of Kilmartin.