§ MR. CAREW (Kildare, N.)asked Chief Secretary to the Lord Lieutenant of Ireland, with reference to the conduct of Major Traill, in sentencing, on the 7th of July, the lad Killeen to three months' imprisonment, in default of finding sureties to keep the peace, Whether he is aware that the offence with which he was charged was committed so far back as the 10th of June; whether Petty Sessions Courts were held twice 666 in the district between the commission of the alleged offence and the day of the trial, and another Petty Sessions Court was held shortly afterwards; whether Major Traill, in so trying and sentencing the accused outside of Petty Sessions, exceeded his jurisdiction; whe-he is the same Major Traill who, on a previous occasion, acted similarly, in excess of his jurisdiction, and, when the conviction was quashed, gave as an explanation that he was not a lawyer, and that he did not know the law; whether Killeen got any notice of the charge before his arrest on the morning of the trial; whether, when he asked to be allowed to produce witnesses, Major Traill retorted, "Witnesses be d——d," and forthwith proceeded to pass sentence; and, whether, under the circumstances, the Government will cause an inquiry to be made into the conduct of Major Traill, and order Killeen to be released from his sureties?
§ MR. JOHNSTON (Belfast, S.)said, that before the right hon. Gentleman answered the Question, perhaps he would be permitted to ask him whether it was a fact that no life had ever been taken in any district while it had been under Major Traill's charge; whether each district under his charge had been exceptionally free from crime; and, whether Major Traill had been warned three times by the Government, within five months, that his assassination had been arranged for, and that he was never to move about without police protection; and whether it was a fact that a fund for his assassination had been subscribed in a public-house in Dublin in 1882; and how the Government contemplated recognizing Major Traill's services?
§ MR. SEXTON (Belfast, W.)Mr. Speaker, may I ask you, Sir, how does the Question of the hon. Member arise out of the Question on the Paper?
§ MR. SPEAKERIt has some relation to the Question on the Paper.
§ THE PARLIAMENTARY UNDER SECRETARY (Colonel KING-HARMAN) (Kent, Isle of Thanet)(who replied) said: If the hon. Member (Mr. Johnston) gives Notice of the Question I shall endeavour to answer it. I have no information whatever on the subject. With regard to the Question on the Paper, the facts are not quite accurately given in the Question. The offence was 667 committed on June 18, and the conduct of Joseph Killeen was referred to during the hearing of a case at Petty Sessions on the 5th of July (the first Petty Sessions after the offence) brought by Mr. Tyrrell, who, after Petty Sessions, made an information, on which the magistrate issued his warrant. When Killeen was brought before the magistrate, he thought, having regard to all the circumstances, the case should be treated as one of misbehaviour, and not as one of crime; and called on him to find sureties for good behaviour for three months, which he at once did. He brought his sureties with him, and there was no sentence passed. Major Traill denies that he ever acted in excess of his jurisdiction, or that on a previous occasion, when a conviction was quashed, he gave any such explanation as that he was not a lawyer and that he did not know the law, or that he ever made use of such an expression as "Witnesses be d——d." He intended to adopt a lenient course. There is no necessity for instituting any further inquiry into the matter; but as there appears to have been some misunderstanding as to the procedure, the release of the bail is under consideration.
§ MR. SEXTONasked whether, as a matter of fact, Major Traill did not exceed his jurisdiction; and also whether, in reply to a request of the accused to be allowed to provide witnesses, Major Traill used the forcible observation referred to in the last paragraph but one of the Question; and whether, during the existence of the Land League, Major Traill had not gone on a Sunday to a police barracks, and constituted himself a Court there, and passed sentences of imprisonment on several men; whether Baron Fitzgerald had not stated subsequently that Major Traill had sent those men to gaol illegally; and whether Major Traill's counsel apologized for him by explaining that he was only a major in the Army, and could not be expected to know the law; and whether, under these circumstances, Major Traill was a fit and proper person to be allowed to administer the Criminal Law Amendment (Ireland) Act?
§ COLONEL KING-HARMANsaid, with regard to the first Question of the hon. Gentleman, the Government saw no necessity for instituting any further in- 668 quiry; and he, therefore, presumed the opinion of the Law Advisers of the Crown was that Major Traill did not exceed his jurisdiction. He had already stated that Major Traill denied that he had ever used the expression, "Witnesses be d——d." As to the third Question, perhaps the hon. Member would give Notice of it.
§ MR. M'CARTAN (Down, S.)asked, whether it was not a fact that Major Traill had violated the 8th section of the Petty Sessions Act in not giving the accused party an opportunity of having his case heard at Petty Sessions?
§ MR. JOHNSTONsaid, before the right hon. and gallant Gentleman answered that Question, he wished to ask if the Government would extend protection to those who loyally discharged their duties in carrying out the law in Ireland?
§ COLONEL KING-HARMANsaid, Her Majesty's Government always extended the protection of the law to those who loyally discharged their duties in carrying out the law, and intended always so to do. Perhaps the hon. Member for South Down (Mr. M'Cartan) would give Notice of his Question.