§ MR. CAREW (Kildare, N.)
I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the criminal proceedings instituted against the Rector of Carnalwey, County Kildare, and others, for disturbing graves and indecently exposing and removing human remains in the churchyard of Carnalwey parish, in which two out of four Magistrates at the Petty Sessions Court, Kilcullen, on Monday 24th June, were for returning informations to the assizes, while two dissented, and the informations were refused; whether he is aware that on an application being made by counsel to the Judge at the Assizes at Naas, on the 2nd instant, to allow a bill for the same offence to be sent up to the grand jury, the Judge refused permission, and stated that the case should go back to the Petty Sessions Court, adding, that any one Magistrate could return informations; and, whether, 400 having regard to the strong feelings that exist among all classes in the locality on this matter, he will state what steps he intends to take to secure a proper adjudication at the next hearing in view of the fact that the local Magistrates are unwilling to act?
§ MR. A. J. BALFOUR
I understand that it is the case that some graves were disturbed in connection with preparations for the enlargement of the church. When the case came before the Petty Sessions Court several faculties granted by the Archbishop to the defendant, giving him permission to dig up any graves which interfered with the proposed enlargement, were produced, and on that evidence a majority of the Bench refused information. One of the Magistrates constituting the Bench appears to have dissented. The Judge of Assize did refuse to allow a Bill to be sent up to the Grand Jury, stating that one Magistrate in Petty Sessions could return informations, should the case be brought on there again. So far as the Constabulary Authorities are aware, there is no reason to believe that the local Magistrates are unwilling to act in the matter.