SIR UGHTRED KAY-SHUTTLE-WORTH (Lancashire, Clitheroe)asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether the attention of Her Majesty's Government has been called to the fact that Thomas Moroney, tenant farmer and shopkeeper, Herbertstown, County Limerick, committed on 28th January, 1887, for contempt of Court by the Judge in the Dublin Bankruptcy Court, has remained 562 in prison from that day until now—that is to say, for more than 13 months; Whether such a prolonged imprisonment is in accordance with precedents in cases of this kind; and, whether, in view of the exceptional duration of the penalty, Her Majesty's Government will consider the possibility of taking steps to secure Moroney's release, or whether they intend to acquiesce in the continued imprisonment of this man for an indefinite length of time?
§ THE PARLIAMENTARY UNDER SECRETARY (Colonel KING-HARMAN) (Kent, Isle of Thanet)(who replied) said: Thomas Moroney, having refused to be sworn in the Court of Bankruptcy and to give evidence, was on the 28th of January, 1887, pursuant to the powers conferred by the 385th section of the Bankruptcy Act, 1857, committed to prison until he should submit to be sworn and give evidence. He had on a former occasion admitted in Court that he had sold off all his property and paid his money into the so-called "war chest" under the Plan of Campaign. The object of the examination on the occasion on which he refused to be sworn was to ascertain where that money was. His continued imprisonment is in accordance with the usual practice of the Court. He could always have obtained, and can at any moment obtain, his release by submitting himself to be sworn and give evidence. Her Majesty's Government have no power to interfere with a Judge in the discharge of his duty imposed by Act of Parliament.
§ MR. H. GARDNER (Essex, Saffron Walden)I wish to ask the right hon. and gallant Gentleman whether it is a fact that John Dwyer, of Tipperary, was committed to Clonmel Gaol on the 31st of March, 1886?
§ MR. SPEAKEROrder, order! Under the Standing Order, Notice of the Question should be given in the usual way.
SIR UGHTRED KAY-SHUTTLE-WORTHI would wish the right hon. and gallant Gentleman would answer the second paragraph of my Question, whether such a prolonged imprisonment as 13 months was in accordance with precedent in cases of this kind?
§ COLONEL KING-HARMANWhen a man refuses to be sworn to give evidence in a Court of Bankruptcy, he remains in prison until he has purged himself of his contempt.
§ MR. DILLON (Mayo, E.)In consequence of the answer given by the right hon. and gallant Gentleman, I wish to ask whether it is not a fact that the other Judge of the Court of Bankruptcy—Judge Miller—has recently discharged a man named M'Carthy, who was imprisoned for the same offence for six months; and whether it is not the usual custom not to imprison longer than 12 months, at all events.
§ COLONEL KING-HARMANIt must be obvious to the hon. Gentleman that I would require Notice of that Question. I would, however, point out that the Government has no jurisdiction whatever over the orders of this kind of the Judges of the Court of Bankruptcy.