HC Deb 18 May 1897 vol 49 cc728-9
MR. G. MURNAGHAN (Tyrone, Mid)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland (1) whether he is aware that two brothers named Maguire were tried at the Omagh Summer Assizes of 1896 for the murder of William Funston, at Trillick, county Tyrone, 9th March 1896, on which occasion the jury were unable to agree; that they were tried again for the crime at the Belfast Winter Assizes of the same year and were found not guilty; (2) is he also aware that after their acquittal they were sent back to prison and kept there till the Spring Assizes at Omagh, 1897, when they were placed on trial for the larceny of money from the dead body of William Funston, though Judge Andrews, who presided at the first trial, told the jury in substance that there was no satisfactory proof of the robbery, as none of the money had been traced to the prisoners, with the result that the jury had to be discharged, as they could not agree; and (3) in view of the fact that the Maguires have already undergone three trials, two disagreements, and one acquittal, that they have suffered over 14 months' imprisonment, and that until the sad occurrence of Funston's death they bore the character of peaceable and respectable young men, will he recommend their release?

THE ATTORNEY GENERAL FOR IRELAND

With my right hon. Friend's permission I will reply to this Question. The facts stated in the first paragraph are correct. The representations contained in the second paragraph of the nature of Judge Andrews' charge are incorrect, the rest of the statements in this paragraph are substantially accurate. The Government cannot accede to the course suggested in the third paragraph; and, as the trial of these men is still pending, I must decline to make or concur in any statement as to their character.