§ MR. MARUM
I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the following case:—A certain prisoner was convicted at a recent Assizes 879 at Kilkenny of the larceny of a certain £5 (Bank of Ireland) note, which he had passed to a respectable merchant, one Mr. Hackett, of that city in the course of business, who, through his assistance, procured change therefor in single £1 notes; likewise in the course of business, from another respectable merchant, Mr. Kerwick. The constabulary called upon the latter, who submitted his cash-box to them, out of which the prosecutrix selected and identified the stolen note; and subsequently, after the conviction, the going Judge of Assize made an order to have the £5 note given to the prosecutrix; and whether, in view of the facility so promptly afforded in the administration of justice in this case, and the injurious effect in future of losses accruing in similar cases, and especially having regard to the decision in R. v. Stanton, 7 C. and P. 431, whereby it would appear that the law in the case is doubtful, the Government will recoup Mr. Kervick for his loss?
§ MR. A. J. BALFOUR
I understand that it is the case that a man was convicted for the theft of two £5 banknotes, one of which was traced by the police as having been paid by the prisoner to Mr. Hackett, who obtained change for it from Mr. Kerwick. The Judge did order that the stolen note should be returned to the owner, who prosecuted. Mr. Kerwick's case is admittedly a hard one; but I am advised that there are no funds at the disposal of the Government out of which he could be recouped.