HC Deb 22 June 1888 vol 327 cc980-2
MR. COX (Clare, E.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been directed to the following report which appeared in The Star of June 21:— The sentence of three months' imprisonment passed on Mr. James Halpin for the Ennis meeting was yesterday confirmed at the Quarter Sessions by County Courty Judge Kelly. An application to make the prisoner a first-class misdemeanant was refused. Colonel Turner gave evidence of the circumstances attending the meeting at Ennis in an old corn store. Judge Kelly: How is it you did not arrest the promoters of the meeting?—The Witness; They did not give me the chance.—Judge Kelly: Oh, yes, they did. They came down here from Dublin. It is hard to punish poor people, and allow these fellows, the organisers, to go free.—The Witness: I would be only too glad to arrest them if I thought I had a chance.—The Judge: Their presence was quite enough. You had the placard and the articles in United Ireland calling on the people to go and hear Mr. Davitt; and, whether, if a prosecution is instituted, he will undertake that no part of the proceedings will be heard by Judge Kelly, in view of the fact that the prosecution was recommended by him?

MR. JORDAN (Clare, W.)

also had the following Question on the Paper:—To ask the Chief Secretary to the Lord Lieutenant of Ireland, If his attention has been directed to the following report of a discussion between Mr. Kelly, County Court Judge, County Clare, and Colonel Turner, at Ennis Quarter Sessions, which appeared in The Daily News of the 20th instant—namely:— The sentence of three months' imprisonment passed on Mr. James Halpin, a member of the National League, for attending a proclaimed meeting at Ennis, was confirmed on appeal at the Quarter Sessions by County Court Judge Kelly. An application to make the prisoner a first-class misdemeanant was refused. Prisoner was taken to Limerick Prison at night. Colonel Turner, the Divisional Magistrate, gave evidence of the circumstances attending the meeting at Ennis in an old corn store. Judge Kelly: How is it you did not arrest the promoters of the meeting? The Witness: They did not give me a chance. Judge Kelly: Oh! yes they did. They came down here from Dublin, and those inciting to take part in an unlawful assembly are liable to punishment under the section. It is hard to punish poor people and allow those fellows, the organisers, to go free. The Witness: I would only be too glad to arrest them if I thought I had a chance. The Judge said, he could not for the life of him see why the promoters of the meeting were not arrested. The Witness: Those who incite unlawful assemblies take very good care not to attend them. In this case we only had their presence. The Judge: Their presence was quite enough. You had the placards and the articles in United Ireland calling on the people to go and hear Mr. Davitt. The Witness: It is not too late, my Lord, to do it now. Judge Kelly: That may be; but, at present, I do not see why the promoters of the meeting were not prosecuted. The Witness (Colonel Turner): I shall know what to do next time; whether it is the practice for Judges to advise prosecutions which afterwards may come before them for decision; and, whether, if a prosecution is instituted, he will undertake that no part of the proceedings will be heard by Judge Kelly, in view of the fact that the prosecution was recommended by him?

THE CHIEF SECRETARY (Mr. A. J. BALFOUR) (Manchester, E.)

, in reply, said, there had not been time to make the necessary local inquiry to enable him to give a full answer. But he might inform the hon. Member for East Clare, if it was any consolation to him, that it was not proposed to institute any further prosecutions in connection with the meeting in question.