MR. P. O'BRIEN; I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been directed to a Judgment delivered by Mr. Justice O'Brien on the 6th instant, in which the following occurs:—
It would be a serious matter to lay down a rule that every person who sold a single copy of a newspaper could be sued for what it contained. 503 That might be so; but it would be a dangerous rule to lay down as affecting the liberty of the Press, and it would be a rule that would give rise to a great amount of litigation;whether his attention has also been called to the case of a man named Jeremiah Brosnan, newsvendor, Killarney, who was sentenced in November, 1887, by Messrs. Cecil Roche and Captain Hutchinson, R.M.'s, to a month's hard labour, for publishing United Ireland, in which case the only connection with the "publishing" of the paper proved in evidence was that Brosnan sold a copy to a policeman in the ordinary way of trade; whether he is aware that Denis M'Namara, newsvendor, of Ennis, was several times imprisoned on a similar charge by Resident Magistrates; and whether, in view of the Judgment of Mr. Justice O'Brien, he will take steps to prevent similar prosecution in the future?
§ MR. A. J. BALFOURMy attention has been called to the Judgment of the learned Judge. I am advised that that Judgment has no bearing on the convictions referred to. Neither of the cases referred to was that of a sale of a single copy of a newspaper, but of continued sale after frequent warning and with full knowledge of the nature of this act.
§ MR. A. J. BALFOURI cannot answer that.
§ MR. E. HARRINGTONDoes the right hon. Gentleman remember the case where the policeman begged a single copy of United Ireland, and then got the man three months' imprisonment?