§ MR. O'SHAUGHNESSY (Limerick, W.)I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware of the finding of the Coroner's jury in the city of Cork, at the inquest held on the death of Michael Curtin, of Mountcollins, in the county of Limerick, who died in Cork Prison infirmary on the 14th January, 1903, in which they censured the resident magistrate, W. Flanagan, in refusing, when offered, bail to the deceased, his mother, and brother, who were charged at Abbeyfeale Petty 1025 Sessions with taking forcible possession of a dwelling-house vacant at the time and from which they were previously evicted, and sent forward by him for trial to the Cork Assizes; and whether, seeing that the other defendants were discharged by the Lord Chief Justice at the Assizes, and having regard to these facts, will he institute an inquiry into the conduct of this resident magistrate.
§ MR. WYNDHAMMichael Curtin died in Cork Prison on the 14th December, 1903. The Coroner's jury returned a verdict to the effect that the cause of death was appendicitis. The verdict contained no censure on the resident magistrate. Curtin was admitted to the Cork Prison on the 27th November for trial at the Winter Assizes, and on the 1st December the Crown entered a nolle prosequi against him. He was too ill, however, to be discharged from prison or to be removed to the local hospital. He received every care and attention in the interval before his death from the prison doctor and a local doctor, in consultation, and two trained nurses were employed to attend on him. The resident magistrate refused to admit the prisoner to bail in the exercise of his discretion, which was subject to review in the King's Bench Division of the High Court. It is not competent to the Executive to question the judicial action of the resident magistrate or to institute the inquiry suggested.
§ MR. SHEEHANIS it not the fact that this man was refused bail and died in gaol while awaiting trial?
§ MR. WYNDHAMThat is all contained in my answer.
§ MR. O'SHAUGHNESSYI beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he will favourably consider the application of Margaret Curtin, for compensation owing to the loss of her son Michael Curtin, who died in Cork Prison infirmary, previous to his trial at the Cork Assizes, on the 14th January, 1903, who was charged with taking forcible possession of a house from which he and his family were evicted, having regard to the fact 1026 that this woman is fifty-three years of age and in humble circumstances.
§ MR. WYNDHAMThe death of any man whilst awaiting trial and consequent loss to his relatives may naturally excite private sympathy. But, obviously, it is not possible for the Government to intervene.