HC Deb 18 July 1890 vol 347 cc207-8
DR. TANNER (Cork Co., Mid)

I beg to ask the Attorney General for Ireland whether it is true that Constable Palmer, who was tried in his absence and convicted of moonlighting at Tipperary, has escaped from justice; and can he explain how it happened that, although Palmer was examined and recognised by the Constabulary detectives at Queens-town, who were acquainted both with his crime and subsequent desertion, he was permitted to leave by the Guion liner Arizona for New York, on Saturday, the 5th July?

MR. MADDEN

The Constabulary Authorities report that it is the case that the constable, who was convicted of having maliciously smashed some windows and of committing an assault, has absconded, but that it is not the case that he was recognised by the police at Queenstown as Constable Palmer. Immediately upon his desertion being discovered a warrant was obtained for his arrest, and every effort made to execute it.

MR. DILLON (Mayo, E.)

May I ask whether a Nationalist who committed such an offence would not be arrested at once?

MR. MADDEN

I must explain that the constable could not have been arrested before a warrant was issued.

MR. DILLON

Was not the constable caught red-handed in the commission of a felony, and could he not have been arrested then and there?

MR. MADDEN

The man was summoned by the person aggrieved. No warrant having been issued for his arrest, it was absolutely out of the power of the police to detain him. The man absconded, and a warrant was then at once obtained, and every step taken to prevent his escape.

MR. DILLON

Was the man summoned by the person aggrieved only because the Executive did not do their duty in the first instance? If the offender had been an ordinary civilian, and not a constable, would he not have been arrested at once and prosecuted by the Crown Prosecutor?

MR. MADDEN

What the prisoner did was to break the windows of a house. I am not informed that the offence was committed in the 'sight of, or with the knowledge of, the police. Proceedings were taken in the ordinary way by summons, and no warrant was applied for until the man absconded.

MR. W. O'BRIEN (Cork Co., N.E.)

Does the right hon. Gentleman really intend the House to believe that if this had been a case of moonlighting by an ordinary person the Executive would have left it to the person aggrieved to prosecute?

MR. MADDEN

I cannot answer a hypothetical question of that kind. The remedy open to the aggrieved person in this case was taken.

MR. DILLON

I beg to give notice that I will put further questions on the subject on Monday.