§ MR. GILHOOLY (Cork, W.)
asked Mr. Solicitor General for Ireland, Whether it is a fact that John Hickey, residing at Kilcrohane, County Cork, was arrested without a warrant by Constable Timmins, when returning to his home on October 16, was detained in custody until the afternoon of the next day, and was then conveyed to the Durrus Petty Sessions; whether Mr. Bird, a local landlord and J.P., stated, without any application from the Crown, that the charge against Hickey should be dealt with under the Criminal Law and Procedure (Ireland) Act, and further remanded Hickey, and required sureties for his appearance; whether, when Hickey appeared to answer the charge at the Durrus Petty Sessions Court, District Inspector Crane, at whose suit he was charged, failed to put in an appearance; whether he will state 490 by what statute Hickey was arrested and detained in custody under the circumstances; and, whether the Government will recoup Hickey to the amount he has paid counsel for appearance at the Durrus Petty Sessions?
§ THE CHIEF SECRETARY (Mr. A. J. BALFOUR) (Manchester, E.)
, in reply, said, the case referred to was still sub judice, having been adjourned to the 12th of December. It would, therefore, not be proper to enter into details. He might, however, say that Mr. Bird did not make any suggestions as to the statute under which the accused was dealt with. The case is to be tried under the ordinary law. The adjournment took place through the non-attendance of the local magistrates. The police, in making the arrest, acted under the Common Law.
§ THE LORD MAYOR OF DUBLIN (Mr. SEXTON) (Belfast, W.)
May I ask whether an ordinary Justice, not a Resident Magistrate, has the power to declare that a prosecution which has begun under the ordinary law shall be continued and proceeded with under the Coercion Act?