HC Deb 16 August 1895 vol 36 cc160-2
MR. J. ROCHE (Galway, E.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, whether his attention has been called to the assault committed, on the 2nd instant, at Rossmore, County Galway, by Mr. Tener, a local land agent, and a band of emergency men, on a young man, Tully, son of a tenant. Is he aware that Tully was struck with a heavy mallet on the back, and afterwards struck with a stake on the head, tearing off half his scalp and smashing in his skull, and that for five days he remained unconscious, although he did not in the slightest degree provoke a breach of peace? And, whether, in consequence of the man's life being in danger, he will direct that Mr. Tener be placed under arrest and prosecuted as would an ordinary offender?


It is a fact that, on the 2nd instant, Mr. Tener, Land Agent, proceeded to Rossmore in order to fence a plot of land which appears to be claimed by a tenant named Tully, but in reference to whose claim a dispute, as I understand, appears to have existed between Tully and the Agent. It also appears that Tully resisted the fencing of this plot, and that in the course of a struggle that ensued, his son was assaulted and severely injured as stated in the question. Two of his alleged assailants were at once arrested and are now in custody. The question of Mr. Tener's responsibility in this unfortunate affair has received my careful consideration, but I am advised that there is, so far, no evidence that ho either directly or indirectly was concerned in the affray, and as the case is about to form the subject of magisterial investigation, which will elicit the entire facts of the occurrence, I trust the hon. Gentleman will see the inexpediency of further discussing the case at the present stage.

MR. D. SHEEHY (Galway, South)

asked whether the hon. Gentleman was aware that Mr. Tener was a magistrate, and that the two men against whom proceedings had been taken were employés of Mr. Tener, who was there commanding them, and whether he was not guilty for the conduct of his servants, and whether the hon. Gentleman had called the Lord Chancellor's attention to the fact that this magistrate had been engaged in a violent affray where a man's life was in danger?


I understand the case is that Mr. Tener, so far, was not proved to have been either directly or indirectly concerned in the affray, and I am advised that unless he was concerned there is no reason to regard him as necessarily responsible for the action of his servants.


asked whether Mr. Tener was not there superintending his men on the occasion and asserting an illegal position, and was it not a case where there was a dispute as to a title in which he was assisted by the police.


He was there directing his men in fencing this land, but there is no evidence that he was there committing a criminal Act.


was proceeding to state some further facts, when


said: The hon. Member cannot give a long statement of his version of this affray. He has asked his question and has had an answer.


asked if the Chief Secretary was aware that Mr. Tener directed a man to go back a second time, and used force.


I am not aware of that, or that there was any evidence tending in that direction.