§ MR. J. F. X. O'BRIEN (Mayo, S.)I beg to ask the Attorney General for Ireland whether his attention has been called to a 311 case which came on appeal before County Court Judge Richards at Swinford, County Mayo, on 16th June, in which the County Court Judge is reported to have stated that—
It was purely a decree for shop goods, and I do not find that there is any disposition on the part of the jurors of this country to refuse to convict for rescue if a proper case he established. On the contrary, as many of the jurors are shopkeepers, they would rather he inclined to go against a person charged with rescue than in his favour. Under these circumstances, why the Constitutional Law is not resorted to I find it really impossible to make out;and to the statement of Mr. Mannion, solicitor for defendants, in reply—That the District Inspector intended to take proceedings under the ordinary law; but I understand that, by instructions from headquarters, he was directed to proceed under the Criminal Law and Procedure (Ireland) Act;who is the person at headquarters responsible for this conduct; and under what head will this case appear in the Returns?
§ MR. MADDENI am informed that the statements in the question as to what occurred before the learned County Court Judge are correct. The statement, however, attributed to the solicitor for the defendants, is not correct. The prosecution was instituted by direction of the Divisional Commissioner, and not in consequence of instructions from headquarters. In answer to the last paragraph of the question, I have to say that the case will not appear in the Returns referred to.