HC Deb 08 July 1903 vol 125 cc12-3
MR. P. J. O'BRIEN (Tipperary, N.)

To ask the Chief Secretary to the Lord Lieutenant of Ireland if he can state the circumstances under which three persons named Stapleton, Delany, and Carroll, were arrested at Borrisoleigh, in the County Tipperary, what is the charge against them, and at what hour of the night the arrests were effected, and by whom; and whether, seeing that the Crown have since obtained an order from the King's Bench Division changing the venue in the trial of these men to the County of the City of Cork, and that this order was obtained under the provisions of the 4th section of the Criminal Law and Procedure (Ireland) Act, 1887, and that the Crown afterwards obtained an order that the trial should take place before a special jury, he will state whether any notice of these motions was given to the accused, and when this part of the county was proclaimed under the 5th section of the Criminal Law and Procedure (Ireland) Act to enable this course to be adopted, and if he can state what Judge of the High Court will try the accused at the forthcoming commission in Cork.

(Answered by Mr. Wyndham.) The case is pending for trial. I cannot therefore enter into the question of the circumstances which led to the arrests, as these may be contested on the hearing. The arrests were made at four o'clock on the morning of the 17th April last. The orders for a special jury and change of venue were obtained in strict compliance with the provisions of the statute. No notice was given of the applications for the order, as none is required to be given; but copies of the orders were served on the prisoners on the 30th May. The 3rd and 4th sections of the statute were put in force in this part of the County Tipperary by proclamation dated the 16th April, 1902. The Judges who will preside at the ensuing Cork Assizes are the Lord Chief Justice and Mr. Justice Barton, either of whom may try the case.