§ * MR. HEMPHILL (Tyrone, N.)
I beg to ask Mr. Attorney General for Ireland whether his attention has been called to the case of George Feathers, a labourer, who was tried at the last October quarter sessions at Omagh, when the jury disagreed and the accused was allowed to stand out on bail until the spring assizes of this year, when he was again placed on his trial before Lord Justice Holmes and the jury again disagreed, on which occasion his Lordship is reported to have suggested that it was not a case for 1338 a further trial, and he was again let out on bail; and whether, as the accused is poor and has already incurred the expense of two trials, having been defended by professional gentlemen on both occasions, he would be pleased to direct a nolle prosequi to be entered.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. ATKINSON,) Londonderry, N.
My right hon. friend is under a misconception. Lord Justice Holmes's remarks applied to a second trial at the same assizes. I cannot at this period give the undertaking asked for, but if on further examination I consider the case one in which a jury might fairly disagree the Crown will not proceed further.