HC Deb 24 July 1896 vol 43 cc605-6
MR. JASPER TULLY (Leitrim, S.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland—(1) whether his attention has been directed to the case of Michael Muldowney, a prisoner serving a sentence of penal servitude for life, who, after two trials, in the first of which the jury disagreed, was convicted by a special jury in Sligo in 1884 for an agrarian murder; and, (2) whether, seeing that other prisoners convicted at the same time on the evidence of the same two informers for participation in the same offence, were let off with sentences of 10 years' penal servitude, and in view of the elements of great doubt in the case, and of the fact that Muldowney has been now 12 years in prison, he will recommend to His Excellency the propriety of reconsidering all the circumstances connected with this case, and advising a mitigation of Muldowney's sentence?

MR. GERALD BALFOUR

Muldowney was convicted of murder in July, 1884, and sentenced to death; the sentence, however, was commuted to penal servitude for life. There had been a disagreement of the jury on the occasion of the first trial of the convict. The second paragraph is based on a misapprehension of the facts. Five others were charged at the same time as Muldowney, and one of these was likewise convicted and sentenced to death, though in this case also the sentence was commuted to one of penal servitude for life. A nolle prosequi was entered in the cases of the other four prisoners, and there were no persons sentenced to 10 years penal servitude for participation in the offence. The Judge who tried Muldowney has reported that he was convicted on evidence which, in his opinion, was clear and conclusive. It is not within my province to recommend the exercise of the prerogative of mercy.