§ MR. JOHN O'CONNORasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he is aware that an emergency man named James Daniel, residing at Cloneen, county Tipperary, was sentenced to two months' imprisonment by the magistrates at Fethard for an assault of a most serious character in August on Henry Meagher, an evicted tenant, and that the police refused to take up the prosecution of Daniel, which Meagher was obliged to undertake himself; whether he is aware that Daniel appealed from the sentence, but that the County Court Judge held the appeal was not properly before him, and confirmed the sentence, whereupon Daniel obtained a mandamus from the Queen's Bench to compel a hearing of the appeal; that the appeal came on at Cashel on the 1st February, when Meagher stated he had not means to bring up the necessary witnesses; that the Crown solicitor then undertook that he would have this done; and that the appeal again came on at Tipperary on the 2 3rd April, when it was adjourned to the Sessions to be held at Clonmel in April; whether he can state why the constabulary refused to prosecute Daniel for an assault which involved grievous bodily injury to the person assaulted; why the Crown Solicitor did not take the usual steps to summon witnesses to support the decision of the court below; why 482 the case was again adjourned at last Tipperary Sessions; and, whether steps will be taken to compensate Meagher for the expenses of the prosecution at Fethard and of the first appeal, which he had to pay, and also for the loss occasioned to him by the frequent attendances at court and adjournments?
§ MR. CAMPBELL-BANNERMANThe police did not prosecute in this case because the injuries inflicted appeared to be trifling, and the assault was not committed in their presence. The hearing of the appeal in the case has been twice adjourned—on the first occasion in consequence of an application of Meagher that the Crown Solicitor would take up his case, which was complied with; and on the second occasion in consequence of the sudden and serious illness of the solicitor on the other side. It now stands for next month. It is not the practice to pay to a private prosecutor the expenses incurred by him either at the first hearing or at the appeal, and there are no grounds for doing so in the present case.
§ MR. JOHN O'CONNORWill not the Crown Solicitor now prosecute?
§ MR. CAMPBELL-BANNERMANYes, Sir; the Crown Solicitor has now taken up the case.