§ MR. MAURICE HEALY (Cork)asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the following report of certain proceedings at the Leitrim Assizes, reported in The Freeman's Journal of the 7th instant:—
At the conclusion of the Assizes, Mr. Taylor, B.L., applied to his Lordship for the discharge of John Melley, of Bundoran, a witness for the defence in the case of Johnston and others, who were charged with White-boyism near Kinlough, on the night of the 16th June last. Melley was arrested without a warrant or any legal process;The Chief Baron pronounced the arrest unconstitutional and illegal without a warrant, and ordered Melley's discharge;" and, under what circumstances Melley was arrested, and on what charge, and by whom?
§ THE PARLIAMENTARY UNDER SECRETARY (Colonel KING-HARMAN) (Kent, Isle of Thanet)(who replied) said: John Melley was produced as a witness for the defence in the case of six men who were on trial at the Leitrim Assizes on the charge of having, with others not identified, attacked the house 499 of a man, and brutally assaulted him and his two sisters. Melley was at once recognized in Court by the assaulted man as one of the persons present when the outrage took place. The Head Constable subsequently ordered his arrest. The Judge, in ordering the police to discharge Melley, stated, that the arrest without a warrant was merely an error of judgment. A warrant for Melley's arrest has since been issued.
§ MR. MAURICE HEALYThe right hon. and gallant Gentleman has not answered the Question whether the Judge denounced the arrest as unconstitutional and illegal?
§ COLONEL KING-HARMANMy information is that what the Judge said was that the arrest without a warrant was merely an error of judgment.
§ MR. MAURICE HEALYDo I understand the right hon. and gallant Gentleman to say that the Judge made no such statement as that alleged in The Freeman's Journal report—namely, that the arrest was unconstitutional and illegal?
§ COLONEL KING-HARMANI have given you the answer, and I believe it is correct.
§ MR. MAURICE HEALYWill the right hon. and gallant Gentleman make further inquiries into the matter?
§ [No reply.]
§ MR. CONWAY (Leitrim, N.)I wish to ask the right hon. and gallant Gentleman, whether he will do what my hon. Friend asks him—whether he will undertake to make a further inquiry into this matter, and obtain additional particulars?
§ COLONEL KING-HARMANintimated that he would institute further inquiries.