§ MR. SEXTONI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether Dr. Tanner, M.P., was yesterday, at Tipperary, sentenced by Mr. Vesey Fitzgerald and Mr. Brien to imprisonment with hard labour for a month, upon conviction for an assault not involving violence; whether the Magistrates refused to increase the sentence in order to allow of an appeal; whether the Press were excluded from the Court; and, if so, why; whether the Magistrates further sentenced Dr. Tanner to three months' imprisonment for alleged contempt of Court; and, whether they had legal power to inflict imprisonment for a longer period than one week in respect of contempt of Court?
§ MR. A. J. BALFOURI have not been able to obtain a reply to the third paragraph of the question, though I sent a telegram yesterday. It is true that the hon. Member referred to has been sentenced to imprisonment with hard labour for deliberately spitting at a County Inspector. He was not sentenced to three months' imprisonment for contempt of Court, but was ordered to find sureties, or, in default, to go to prison for three months. So far as I am aware, the action of the Magistrates was perfectly legal.
§ MR. SEXTONWith regard to the first paragraph of the question, I should like to ask the right hon. Gentleman whether he is aware that Dr. Tanner repudiated the charge made against him, and said that it gave him more pain than 20 years' imprisonment; and whether under the circumstances he approves the action of the Magistrates in refusing my hon. Friend an opportunity to have the facts re-heard. I would ask, further, whether the Magistrates had power to require bail for contempt of Court or to inflict more than a, week's imprisonment?
§ MR. A. J. BALFOURIt is not my duty to review the decision of the Court. As regards the first question, I am not aware whether the charge was true or untrue. Dr. Tanner declared that he was not guilty of the offence with which he was charged, but brought no evidence to prove that fact. In regard to the second question, I may point out that what was done was to bind the hon. Member over for his good behaviour, and in default of finding sureties he was to be imprisoned for three months.
§ MR. SEXTONWhat I ask is whether the Magistrates had only power to inflict a week's imprisonment for contempt of Court, and had no power to require bail?
§ MR. A. J. BALFOURI am not able to say whether Dr. Tanner's offence was contempt of Court and nothing else. If the action of the Magistrates was illegal, there is more than one way of dealing with it. It is not for me to review the decision of the Court.
§ MR. JOHNSTONDid not the hon. Member tell the Chairman that he looked upon him as a criminal himself?
§ No answer was given.
§ MR. SEXTONI will repeat the legal question on Thursday.