HC Deb 25 July 1904 vol 138 cc1057-8
MR. FLYNN (Cork County, N.)

I beg to ask Mr. Attorney-General for Ireland if his attention has been directed to the fact that at the Cork summer assizes, in connection with the trial of a youth, Michael Barry, charged with having placed stones on the Fermoy and Lismore Railway, with intent to upset or overthrow a train, forty-eight jurors of the county were ordered by the Crown officials to stand by; and will he state whether this action was taken on the advice or with the approval of the Law Officers of the Crown.

I beg at the same time to ask Mr. Attorney-General for Ireland is he aware that at the recent trial of Patrick Fitzgerald, at the Cork summer assizes, charged with a moonlighting offence, twenty-seven jurors were ordered by the Crown Solicitor to stand by; and, if so, can he state how many of the twenty-seven so challenged were Roman Catholics.

THE ATTORNEY - GENERAL FOR IRELAND (Mr ATKINSON Londonderry, N)

In the first case the jury disagreed at the first trial though the evidence was clear. Extensive canvassing of both the Grand and Petty Juries prevailed, and 45 jurors were ordered to stand aside. In the second case canvassing of jurors also took place and 25 jurors were ordered to stand aside. I am unable to say how many of the jurors who served or who were ordered to stand aside were Roman Catholics. The Crown Solicitor reports to me that in both these cases he acted in strict conformity with the directions contained in the Circular to Crown Solicitors, dated 12th February, 1894, believing that if sworn the jurors ordered to stand aside would most probably not deliver an impartial verdict.

MR. FLYNN

Is the right hon. Gentleman aware that in the first case mentioned the Judge directed the jury to acquit the prisioner and they did so?

MR. ATKINSON

I am aware that this boy placed stones on the railway track, one weighing 65 lbs. and the other 35 lbs., and it was held that he had no intention to obstruct.

MR. FLYNN

Surely the right hon. Gentleman does not intend to re-try the case in Parliament?

* MR. SPEAKER

I think it is the hon. Member who is doing that.

MR. MACVEAGH

If the jurors were not ordered to stand aside on account of their religion, why were they?

MR. ATKINSON

Because the Crown Solicitor believed that if they were sworn they would not give an impartial verdict.