§ MR. O'DOWD (Sligo, S.)
I beg to ask Mr. Chancellor of the Exchequer whether his attention has been drawn to the case of Patrick Henry, Cloonacool, County Sligo, who was prosecuted at the Petty Sessions Court of Tubbercurry on 6th February, 1902, by the excise authorities for an alleged breach of the† See (4) Debates, CVII., 805.534 Excise Law; and whether, seeing that the case against Henry was unanimously dismissed by the magistrates, and that, on appeal, the decision of the court below was unanimously upheld, can he arrange that this man should be refunded the cost of his defence.
§ THE CHANCELLOR of the EXCHEQUER (Sir M. HICKS BEACH,) Bristol, W.
The case came before the Magistrates at Tubbercurry on 6th February, 1902, and was dismissed "without prejudice," which would appear to signify that the case admitted of being reopened at a subsequent date. The Board of Inland Revenue then appealed, and the case was heard at Ballymote on the 2nd of April, 1902, when, after a lengthy hearing the Judge and his colleagues dismissed the appeal. There was stated to have been a strong conflict of evidence on this and the former occasion, and it does not appear that the case is one in which a refund of the defendant's expenses is necessary or desirable.