HC Deb 10 August 1896 vol 44 cc378-9
MR. J. DILLON (Mayo, E.)

On behalf of the hon. Member for East Galway (Mr. JOHN ROCHE), I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, with reference to the two assaults on a tenant on the Ross-more estate, named Tully, committed by two emergency men in August, 1895, one with a mallet and the other with a stake, during an attempt to fence off a portion of Tully's holding, will he explain why it was that no policeman was called by the Crown at Petty Sessions to prove who struck the blow with a stake, although five or six civilians proved it was Nesbitt; whether he is aware that at last Spring Assizes no policeman was produced to prove who struck Tully, that the above-mentioned witnesses having proved that it was Nesbitt, another emergency man named Morrison stated that he struck the blow with the stake; whether, when Morrison was brought up at Woodford Petty Sessions, three policemen proved that Morrison did not strike the blow; will he also explain why it was that when the adjourned case came before Judge O'Brien at Summer Assizes the Crown produced no witnesses; and, will he make inquiries into the circumstances of the case?

MR. GERALD BALFOUR

Two constables were examined in this case at Woodford Petty Sessions on the 27th August 1895, but they were not able to prove that it was Nesbitt who inflicted the blow that injured Tully. Four civilian witnesses gave evidence that the blow causing serious injury to Tully was struck by Nesbitt. As to the second paragraph, the same two constables were produced and examined at the last Spring Assizes and repeated the evidence given by them at Petty Sessions. The four civilian witnesses also repeated their evidence at Petty Sessions. On the conclusion of the evidence for the Crown, Morrison came forward and swore that it was he who struck Tully, and when brought up at Petty Sessions two constables and a retired sergeant of police gave evidence to the effect that Morrison could not have struck Tully. At the Summer Assizes the Grand Jury found a true bill against Morrison, who pleaded guilty, and the Crown had consequently no opportunity of examining witnesses on this occasion.