§ MR. J. C. FLYNN (Cork, N.)I beg to ask Mr. Attorney General for Ireland—(1) whether his attention has been called to the case of Robert Gleeson, an evicted tenant on the estate of Sir John Carden, who was sentenced to one month's imprisonment at Templemore Petty Sessions on 22nd August; (2) whether the prosecution was brought under a Statute of Edward III.; and, if so, will he explain why; and (3) will he take any steps to have this case reopened before the Court of Queen's Bench?
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. J. ATKINSON,) Londonderry, N.As has been already explained by my right hon. Friend the Chief Secretary for Ireland in answer to the question of the hon. Member for Mid. Tipperary on Tuesday last. No sentence properly so called was passed on Robert Gleeson, the person named in the question. But the magistrates, in the exercise of the jurisdiction which they have under these commissions, as well as under the statute of Edward III., in furtherance of preventive justice ordered him to give sureties to keep the peace and be of good behaviour, or in default to be imprisoned for a month. He chose the latter alternative. The answer to the third paragraph is in the negative. The summons served upon Robert Gleeson was not expressly founded on the statute of 34 Ed. III, c. 1, but was in the ordinary form adopted for years in Ireland under successive Governments, requiring him to appear and show cause why he should not be 1143 ordered to give sureties to keep the peace and be of good behaviour. The answer to No. 3 paragraph is in the negative.
§ MR. DUNBAR BARTON (Armagh, Mid.)asked if it was not a fact that a large number of tenants were under this statute sentenced by the late Government?
§ THE ATTORNEY GENERAL FOR IRELANDsaid, he understood that some hundreds of persons had been committed to prison under orders such as this, but he was unable at present to give the precise figures. If his hon. Friend wished for any information he would be glad if he would put a question on the Paper.
§ MR. FLYNNasked if the Government would give this man any facilities for bringing his case before the Queen's Bench, and how it was, if he was not sentenced, that he was imprisoned for a month?
§ THE ATTORNEY GENERAL FOR IRELANDsaid, he had already explained that the man was ordered by the magistrates to enter into securities to keep the peace and be of good behaviour for a month, and was not sentenced. As he saw no reason whatever for disapproving of the order of the magistrates, he did not think the Crown would be justified in taking any steps in the matter.
§ MR. FLYNNwas understood to ask if the breach of the peace did not consist in the man's saying:
These sheep ought to be good sheep, for they were grazed on my evicted farm,and why, therefore, the magistrates made any order.
§ THE ATTORNEY GENERAL FOR IRELANDsaid, that as had been already stated there was clear evidence of a continued and determined attempt to provoke a breach of the peace.