§ MR. DARLINGIn the absence of my hon. and learned Friend the Member for Dublin University (Mr. Carson), I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that on the 21st of September last three men wore prosecuted at Ballymote Petty Sessions for incitement to violence against Mr. Leonard; that two Magistrates, who usually attend a different Petty Sessions Court, adjudicated on the case; and, although no defence was offered, differed from the two Stipendiary Magistrates as to compelling the defendants to find bail; whether, in consequence of the Bench being thus equally divided, the case was adjourned to the 19th of October; and whether, pending the hearing, the Crown withdrew the prosecution; and, if so, on what grounds?
* MR. J. MORLEYThe facts are generally as stated in the first part of the question, except in so far as it is suggested that no defence was offered. The 224 defendants appeared by solicitor, who contended that the Crown had failed to make out a case of warranting the defendants being held to bail. The Magistrates having been equally divided in the early hearing of the case, the Bench did not, as they should have done, direct the Clerk of Petty Sessions to request the attendance on the adjourned hearing of the Justices of the district with a view to some definite result being arrived at; and, as they did not take this, the proper course, it was deemed inadvisable to proceed further with the case, with a prospect of the Bench being again equally divided. As the hon. and learned Gentleman is aware, the holding of a person to bail is not a conviction of an offence, but is a precautionary measure against misconduct. At the same time, the hands of the Crown are not tied if the defendants, should provoke further action being taken, against them.