HC Deb 27 June 1890 vol 346 cc208-10
MR. JOHN BARRY (Wexford, S.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the following statement in the Daily News of the 24th June:— A case has just been tried before Judge Darley, County Court Judge of Wexford, which was an appeal on behalf of Messrs. Kennedy and Doyle from a sentence of three months' imprisonment with hard labour, imposed by a Coercion Court, on a charge of conspiracy. Doctor Counsel appeared for the appellants, and, alleging that the case was one of mere police suspicion, was about to call evidence of character stating that the defendant Kennedy bore the Tery highest character in his district. Judge Darley, however, when the question of character was being discussed, produced on the Bench a letter he had received from Lord Courtown, who, in an apparently confidential communication, discussed the merits of the case with the Judge, and said the defendant Kennedy bore a very high character, and was a most respectable man, although a member of the National League, and that he had no doubt that that evidence was sufficient to justify Kennedy's conviction. Lord Courtown added a hope that Kennedy's character would qualify his punishment! if Lord Courtown made the private communication to the Judge, as alleged; and whether any inquiry has or will be made into the facts of the case?

MR. A. J. BALFOUR

I have no title to interfere with, or ask questions of, County Court Judges as to the discharge of their judicial duties.

MR. T. P. O'CONNOR (Liverpool, Scotland)

May I ask whether the right hon. Gentleman is not aware that any person in England who sent such a letter to a Judge would stand a good chance of being proceeded against for contempt of Court, and whether he thinks Lord Courtown is entitled to act in the way he has done?

MR. A. J. BALFOUR

The hon. Member is going on the hypothesis that the statement in the question is necessarily true.

MR. CLANCY (Dublin County, N.)

Does the right hon. Gentleman deny the truth of the statement?

MR. A. J. BALFOUR

I do not deny or affirm it. What I say is that I have no title to ask questions of, or interfere with, a County Court Judge in respect to the exercise of his judicial functions.

MR. J. BARRY

Will the right hon. Gentleman inquire as to the facts?

MR. A. J. BALFOUR

No, Sir; it is no part of my duty to write to a County Court Judge asking questions in reference to alleged transactions at some trial in which he has adjudicated.

MR. MACNEILL (Donegal, S.)

Is the right hon. Gentleman aware that this is not the, first time that Lord Courtown has interfered with the administration of justice in Ireland?

MR. J. BARRY

I wish to ask the Attorney General for Ireland whether we are to understand that a letter addressed to a Judge in Ireland concerning the character of the defendant on trial before him is not to be held contempt of Court?

MR. MADDEN

The hon. Member has put an abstract question to me. There is an allegation—

MR. T. P. O'CONNOR

"Allegation" indeed! What are you talking about? It is a fact.

MR. MADDEN

A certain matter occurred before a County Court Judge, and my right hon. Friend has already explained clearly that ho is unable to ascertain the truth of the statement one way or the other.

MR. W. REDMOND (Fermanagh, N)

Is the right hon. Gentleman aware of the fact that the Judge was influenced in his decision by the action of Lord Courtown, and that the matter was reported in almost every newspaper in Ireland?

MR. A. J. BALFOUR

The only information I have on the subject is derived entirely from the question, and I do not think it necessary to make further inquiry.

MR. SEXTON (Belfast, W.)

Will the Chief Secretary bring the matter to the notice of the Lord Chancellor, if he holds that he has no right to interfere himself?

MR. A. J. BALFOUR

The only excuse that I should have in bringing the matter before the attention of the Lord Chancellor would be that, in my opinion, the County Court Judge acted improperly in receiving a letter addressed to him on the Bunch, and not punishing the author of it. It is not my business to attack the County Court Judge, which I should be doing indirectly by adopting the course suggested, and I repeat that I have no title to interfere in the matter.

MR. J. BARRY

I beg to give notice that I will take the first opportunity of raising the question in Supply.