§ MR. W. REDMOND (Clare, E.)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the proceedings upon the part of the Crown against the five young men arrested on suspicion of being engaged in the outrage upon Mr. Maloney, solicitor, near Tulla; whether he is aware that these men, against whom no evidence has been produced, have been remanded five times; that, upon the fourth occasion, the Resident Magistrate, Mr. Jones, said that 967 unless evidence were produced upon the next occasion he would not remand the prisoners again; and that, upon the fifth occasion, no evidence was brought against them, and Mr. Jones remanded them a fifth time under protest at the request of the Attorney General; whether it has been brought to his notice that, in remanding the prisoners for a fifth time, Mr. Jones said that he considered he had been unfairly treated by the Crown, and if he on the present occasion remanded the prisoners it would be virtually a suspension of the Habeas Corpus Act in the case of men against whom there was no evidence; whether he is aware that Mr. Miniken, the solicitor for the prisoners, retired from the case as a protest; and whether, in view of the Magistrate's language, the Crown will order the discharge of these men?
MR. J. MORLEYThe different remands were granted in consequence of depositions having been sworn by the District Inspector of Constabulary that Mr. Maloney was unable, owing to his state of health, to attend the Petty Sessions, and that the District Inspector believed that the further retention of the prisoners was necessary to the ends of justice. Nine persons have been arrested in connection with the outrage, but of these four were discharged on June 16 at the request of the Crown Solicitor. It is quite impossible to enter into a discussion regarding the evidence against the prisoners at this stage of the proceedings. The police are not only justified in taking, but are bound to take, every measure within their reach fairly and reasonably to find out who were the perpetrators of this outrage.
§ MR. CARSON (Dublin University)May I ask whether Mr. Maloney was yet able to attend before the Magistrates?
MR. J. MORLEYI understand he has already left for Dublin, and therefore I should say he would be able to attend.
§ MR. T. W. RUSSELLMay I ask whether it is not the fact that Mr. Maloney has gone to Dublin to be under the care of a surgeon?
§ MR. T. W. RUSSELLThat is what we do know.
MR. J. MORLEYIf the hon. Member knows it I do not know why he should ask me. This is an illustration of 968 the kind of question put by the hon. Member. At all events, if Mr. Maloney is well enough to go to Dublin, he will in a very short time be able to give evidence.
§ MR. W. REDMONDDid I understand correctly that the right hon. Gentleman said the District Inspector stated to the Magistrate that he required the remand because Mr. Maloney was in a. position to identify these prisoners, and to give other important evidence? May I also ask whether, in view of the Magistrate's statement that he considered it unfair to these men to be repeatedly remanded without any evidence being; brought against them, he will instruct the authorities at the next remand to produce the evidence, or else have the prisoner discharged? Further, may I ask if the right hon. Gentleman is aware that there is a very strong feeling throughout the district that to repeatedly remand men without producing a single shred of evidence is not the best way to bring to justice perpetrators of outrages?
MR. J. MORLEYThis is a case of great importance, and I, for one, am not disposed to blame the police for asking for remands if they have good reason to believe that the charge against the prisoners is well-founded. I am making no charge against the men on remand;. but, whatever the Resident Magistrate may say, I think the police are justified in taking every means to bring the perpetrators of this outrage to justice, however many remands their endeavours may entail.
§ MR. W. REDMONDI agree with the right hon. Gentleman on that point. I beg' to give notice that unless some evidence is given against the prisoners at the next hearing which will warrant their continued detention in prison, I shall again draw attention to the matter.
MR. J. MORLEYI have said: nothing that differs from what the hon. Member now points to. If there were reason to believe no evidence would be forthcoming the men ought not to be detained.
§ DR. TANNER (Cork Co., Mid.)Is not the Mr. Jones named in the question the gentleman who was responsible for an outrage in the town of Fermoy on an occasion when I was present?
§ [No answer was given.]