HC Deb 25 August 1893 vol 16 cc1082-5
MR. MANDEVILLE (Tipperary, S.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the case of Mr. James Sadleir, of Brookeville, Tipperary, who in resisting legal seizure of cattle made on his lands on 16th July, 1892, twice struck with stones Sergeant Mullany, Royal Irish Constabulary, while protecting the Sheriff's bailiff, with such violence that Sergeant Mullany's life was for a long time in danger; has the sergeant been since able to resume duty; will he explain why Mr. James Sadleir was not arrested on the date of this occurrence, and why, on his being arrested the following day, he was immediately bailed out, although Sergeant Mullany's life was in imminent danger; why has Mr. James Sadleir not yet been tried for the assault; has he observed that Chief Justice Sir Peter O'Brien did not ask at the last Clonmel Assizes why Mr. Sadleir has not yet been tried, although three Assizes have already passed in that county since the assault was committed; is he aware that Mr. James Sadleir gave evidence as an informer and Crown witness against the traversers at the Tipperary coercion trial in 1890, and then stated on oath that his wife had received £50 from the hon. Member for South Tyrone; and what steps, if any, does the Government propose to take in reference to this case?

MR. J. MORLEY

It is a fact that Mr. Sadleir, in resisting a seizure made on his lands on the 11th of July, 1892, seriousty assaulted Acting-Sergeant Mullany, of the Royal Irish Constabulary, by striking him with a stone, which inflicted a deep wound. Sadleir was arrested the following day and admitted to bail by the Magistrates, who did not consider the injured man's life in danger. The sergeant has not since been able to resume duty. It is also the fact that the trial has been three times adjourned as stated. On the last occasion, at the Summer Assizes, medical evidence was given that the sergeant was suffering from melancholia and mental aberration, and a postponement was applied for by the Crown and granted by the Court. There is some hope that Sergeant Mullany will be sufficiently recovered to appear as a witness at the next Assizes; but if he be not able to appear the Attorney General will then consider the advisability of putting the accused on his trial on the other evidence that may be available. With regard to the fifth paragraph, I have already pointed out that the Lord Chief Justice, who presided at the late Assizes, consented to the postponement of the trial till the next Assizes. As to the sixth paragraph, the hon. Member for South Tyrone is in his place, and can say what he wishes on the subject.

MR. T. W. RUSSELL (Tyrone, S.)

As the last paragraph of the question practically amounts to a charge that I suborned this man to give evidence at the Tipperary trials, I will state to the House exactly what took place. In August, 1890, I was entrusted with the distribution of funds for the relief of the boycotted in Tipperary. Those funds were publicly subscribed and publicly administered. I had not, of course, the local knowledge to guide me, and I requested three gentlemen, the Rector of Tipperary, the Presbyterian Minister, and the local Magistrate, to give me the necessary advice in administering the funds. As far as Mr. Sadleir is concerned, he had been originally one of the campaigners. When his name was brought before me for relief I was informed of that, and I point-blank refused assistance. I was afterwards applied to again by the local committee. The application was to the effect that Sadleir's wife was a most deserving woman; that she was the daughter of a clergyman in the county, and was suffering great hardships with her family on account of the boycott. On these representations I authorised the amount to be paid to Mrs. Sadleir, and I declined to have anything to do with Mr. Sadleir. This was before the trial took place, and before I knew anything about the trial as likely to take place. I administered the fund to the best of my ability, and to this moment I do not regret that I was able to help a woman whom I have since satisfied myself deserved the relief that was given. I have never had the slightest connection with Mr. Sadleir. He was a party to the Plan of Campaign, and he backed out of it when he found that it would not pay. I left him to his fate, but I am glad that I was able to save his family from starvation.

MR. POWELL-WILLIAMS (Birmingham, S.)

May I ask whether the latter portion of the question is strictly an orderly question to put?

*MR. SPEAKER

The hon. Member spoke to me about the question, and I said that if what was stated in the question was a statement of fact, and had been made on oath, I could not prevent its being put in the question. But I thought that the hon. Member for South Tyrone was fully entitled to make any personal explanation he wished after the question had been put.

MR. T. M. HEALY (Louth, N.)

May I ask whether Sergeant Mullany applied to the Tipperary Grand Jury for compensation for injury, and what was the effect; and why, if the sergeant's depositions were taken in the ordinary way, were they not put in so that the trial might be proceeded with?

MR. J. MORLEY

I am not sufficiently well informed as to the details of the matter to answer at once; but if there is any significance in the question I will make inquiries.

MR. SEXTON (Kerry, N.)

I beg to ask whether, during the whole 13 months which have elapsed, the sergeant has been unable to give evidence at either of the three Assizes; and whether there is not sufficient evidence without that of the sergeant?

MR. J. MORLEY

There is other evidence, but the Attorney General thought it would be better not to go on with weaker evidence when he hoped to get stronger. The Lord Chief Justice entirely concurred, and I think the course quite justifiable.

MR. SEXTON

In any event, I suppose the trial will come on at the next Assizes?

MR. J. MORLEY

I have said that the Attorney General is considering the advisability of proceeding with the trial at the next Assizes, whether the sergeant is able to give evidence or not.

MR. DANE (Fermanagh, N.)

Can the right hon. Gentleman inform the House what the seizure was for?

MR. T. M. HEALY

For Smith-Barry's rent.