§ MR. T. P. O'CONNOR(for Mr. T. M. HEALY) (Longford, N.)asked Mr. Solicitor General for Ireland, Has his attention been called to the letter in The Freeman's Journal of March 6, of Mrs. J. Hallinan, complaining that although herself and four Crown witnesses were served by Sergeant Murphy with subpoenas in Limerick to attend Cork Winter Assizes, where they were detained 10 days, the Crown Solicitor refused them any expenses, or to pay their train fare back to Limerick; and, if witnesses brought up by the Crown summons are not paid when their examination becomes unnecessary by a plea of guilty in the case?
§ THE SOLICITOR GENERAL for IRELAND (Mr. MADDEN) (Dublin University)My attention has been called to the letter of Mrs. Hallinan by the Question of the hon. and learned Member, and the facts are as follow:—The trial (which was for riot and obstructing and assaulting the Sheriff) was first tried at the Summer Assizes in Limerick. No witnesses were examined on behalf of the prisoners, and the jury disagreed. The witnesses referred to were summoned for the second trial at the Winter Assizes in Cork; but not on behalf of the prosecution. They were served with Crown summonses to give evidence on behalf of the accused, obtained in the usual manner at the request of the prisoner. A statement having been made that no funds were available for bringing the witnesses to Cork, the Crown Solicitor caused their train fares to be paid. They were not detained by the Crown for any period. At the trial the accused pleaded guilty; and although they had been informed by notice that the Court would have power to order payment of the expenses of any bonâ fide witnesses for the defence no application was made to the Court for payment of the expenses in question. The prisoners were represented by counsel and solicitor. Under these circumstances, the refusal to pay the expenses of the witnesses was fully justified.