HC Deb 28 November 1890 vol 349 cc164-5

I beg to ask the Secretary of State for War if he will lay upon the Table of the House a copy of the Affidavits filed by a Retired Officer of the Royal Engineers in the Court of Queen's Bench, and on which a rule nisi for mandamus v. Secretary of State for War was obtained 17th November, 1890; and whether he intends to give effect to official recommendations of the Duke of Cambridge and Attorney General, to make a payment to this Officer, and thus end this protracted litigation?

THE SECRETARY OF STATE FOR WAR (Mr. E. STANHOPE, Lincolnshire, Horncastle)

I am not prepared to lay on the Table any Papers as to which legal proceedings are pending, or to give any information as to recommendations which may have been made to me relative to Colonel Mitchell. When the last action brought by Colonel Mitchell was decided against him, an appeal ad misericordiam was made to me not to press for the costs of the War Office. Colonel Mitchell having given an undertaking that the litigation was at an end, I consented to this course, in spite of which he has immediately commenced another action.