§ MR. MAURICE HEALYI beg to ask the Under Secretary of State for War, whether Sergeant Dunton, convicted at the last Cork Assizes of bigamy, committed while at Queenstown, and sentenced to three years' penal servitude, and who has been since released, has been permitted to continue in Her Majesty's service; and, whether it is usual that a soldier convicted of felony is permitted to continue in the service; if not, why and at whose instance Sergeant Dunton has been treated in an exceptional manner?
MR. POWELL-WILLIAMSDunton has been continued in the service; but he has been reduced to the rank of private. The offence of a soldier is taken into consideration in determining the question whether or not he shall be retained in the army, and in this case there were mitigating circumstances.
§ MR. MAURICE HEALYCan the hon. Gentleman say whether there is any precedent for retaining in Her Majesty's service a soldier who has been convicted of felony?
MR. POWELL-WILLIAMSYes, Sir, I think there are precedents to that effect. Of course the offence of felony is varying in its character and in cases where it is not of a heinous character the soldier has been allowed to retain his position.
§ MR. MAURICE HEALYIs there any precedent for retaining in Her Majesty's service a soldier who has been sentenced to three years' penal servitude?
§ MR. MAURICE HEALYI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, whether he can now state the circumstances connected with the release of Sergeant Dunton, convicted of bigamy under aggravated circumstances at the recent Cork Spring Assizes, and sentenced to three years' penal servitude, and who was released from prison before the close of the Assizes; and, whether he can state whether Mr. Justice O'Brien, who tried the prisoner, recommended his release; and, if so, on what grounds?
§ MR. GERALD BALFOURAt the recent Cork Assizes, Sergeant Dunton 1433 pleaded guilty to a charge of bigamy and was sentenced by Mr. Justice O'Brien as stated. The Judge, however, on further consideration arrived at the conclusion that the sentence should not be enforced and so communicated to the Lords Justices, and it was on his report and at his instance that the sentence was remitted.