HC Deb 27 November 1893 vol 18 cc1803-4
MR. MACARTNEY (Antrim, S.)

had given notice of his intention to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the evidence of Dr. Todd, J.P., as reported in The Tyrone Constitution of 29th September, 1893, in the case of Michael M'Guire, charged with being drunk and disorderly on the 8th September, namely—That he went to the barrack at Omagh at, the request of Mr. M'Loughlin to see the defendant professionally; that he released and discharged the defendant as a Magistrate; that the defendant went home with him and had supper with him; and whether Dr. Todd had any authority as a Magistrate to act as he did?

The hon. Member not being in his place when the question was reached,


said, that as it contained an attack upon a Magistrate, perhaps the Chief Secretary would not mind answering it, and also stating whether it was not a fact that Dr. Todd, finding M'Guire perfectly sober, ordered his release in the exercise of his Magisterial powers, but, at the same time, granted an authority for the serving of a summons upon him? Was it not also true that that summons was issued, was heard before a Bench of Magistrates, and was dismissed?


said, he had seen the newspaper report. It was the duty of the constable, having arrested M'Guire without a warrant, to take him before a Magistrate as soon as he could, and it was competent for such Magistrate to discharge him from custody. It appeared that the summons subsequently taken out was dismissed by the Magistrates. Whether it was quite discreet on the part of Dr. Todd to mix up the functions of medical attendant and Magistrate he was not quite sure, but in the latter capacity Dr. Todd was quite justified in what he did.


Would any Magistrate be more competent to declare whether a prisoner wag drunk or sober than a medical attendant?

MR. DARLING (Deptford)

Can the right hon. Gentleman say whether Dr. Todd made any charge for his services in either capacity? [Nationalist cries of "No!"]

[The question was not answered.]