§ MR. SEXTONI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether the Recorder of Cork, in the appeal of Patrick Staunton, convicted of boycotting by the Resident Magistrates and sentenced to three months' imprisonment with hard labour, told the defendant, in reply to some observations, "I have the power of giving you a little more;" "if you say much more I will give you three months more;" and finally adjudicated in the following terms: "I confirm the sentence; I give him another month—four months;" whether the increase of a sentence on appeal, because of observations made by the defendant, is in accordance with law; and whether the Executive will enforce the additional month's imprisonment?
§ MR. MADDENI am not aware whether the Recorder of Cork made the observations attributed to him; but it appears from the entry in the Order Book that he confirmed the sentence, but varying it by increasing it from three months' hard labour to four months' hard labour. It is not within the province of the Executive Government to review or to discuss sentences pronounced by County Court Judges in appeals which may come before them. As regards the concluding paragraph, the Prisons Board will, of course, act in accordance with the warrant of com- 1754 mittal issued in pursuance of the order of the Judge.
§ MR. SEXTONHas the right hon. and learned Gentleman read the report of the trial? Had the Recorder any legal power to increase the original sentences on appeal, not on account of further evidence, but in consequence of some language used by the defendant in Court? Has not the Executive power to release the prisoner when it chooses?
§ MR. MADDENThe Prisons Board have no power to do anything of the kind under the committal warrant. I have no right to review or discuss the Judgment of the Judge who made the order. There is no doubt as a general principle of law, and without discussing the facts of the case, that a County Court Judge, on appeal from a sentence—which amounts to a re-hearing of the case—has the right to impose the sentence which he considers should have been imposed by the Court below in the first instance.
§ MR. SEXTONHad the Judge a legal right to pronounce an increase of sentence in a case where nothing relevant to the original charge was adduced, but simply because the defendant used language which the Judge considered to be disrespectful, and could the Judge impose a sentence for contempt?
§ MR. MADDENThis is asking me not to answer a general question, but to review and discuss the legality of the decision of the Judge in the case. I must decline to express an opinion upon, or discuss in any way, the decision of the Judge.
§ DR. TANNERWas it not the fact that Mr. Hamilton had pronounced sentence upon the prisoner; that he subsequently cautioned him, and then increased the sentence by one month; and was not the second sentence deliberately given for contempt of Court?
§ MR. MADDENIt is not for me to say one way or the other.
§ MR. J. O'CONNORMay I ask whether, in order to put an end to these scandals, the right hon. Gentleman will consider the propriety of such cases as this being tried by a Judge who is not himself a landlord.
§ * MR. SPEAKEROrder, order!
§ MR. SEXTONWhat is the remedy of the prisoner at the end of the original term of three months' imprisonment?
§ MR. MADDENThe legal remedy for any person who is in illegal custody is habeas corpus.