HC Deb 11 August 1890 vol 348 cc502-3
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. 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. BALFOUR

My 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. P. O'BRIEN

Is the right hon. Gentleman aware that only the sale of one paper was proved?

MR. A. J. BALFOUR

I cannot answer that.

MR. E. HARRINGTON

Does 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?