HC Deb 07 June 1887 vol 315 cc1225-6
MR. MAURICE HEALY (Cork)

asked the Attorney General for Ireland, Whether his attention has been called to the following report in The Freeman's Journal of the 2nd instant:— Yesterday, in the Queen's Bench Division, in the case of the 'Queen v. Fisher,' Mr. Morphy, on the part of the defendant, Fisher, an emergency man, against whom a true bill for murder was found at the last Kerry Assizes, applied that the venue he changed from Kerry to Cork. The defendant fired at and shot a person who he supposed was about to attack him, and he apprehended that he would not get a fair trial in Kerry. Mr. Atkinson, Q.C., with whom was Mr. Ronan (instructed by Mr. Morphy, Crown Solicitor for Kerry), said there was no objection to the venue being changed to the City of Cork. Order accordingly. and, whether such report is correct; and, if so, under what law or statute the Court of Queen's Bench acted?

THE ATTORNEY GENERAL FOR IRELAND (Mr. HOLMES) (Dublin University)

My attention was first directed to this case by the Question of the hon. Member. The Queen's Bench has at Common Law jurisdiction to change the venue in the case of any indictment removed into that Court by certiorari, as was done in this case.

MR. MAURICE HEALY

Is it the fact that the jurisdiction of the Queen's Bench is limited to the removal of cases into the Court of Queen's Bench?

MR. HOLMES

When the case has been removed into the Queen's Bench they can order the venue to be changed.

MR. MAURICE HEALY

Then what is the object of Clause 4 of the Bill?