§ CAPTAIN DONELAN (Cork, E.)said he had given private notice of a Question of an urgent character relating 1344 to a matter of public importance, and although the time set apart under the Rules of the House for addressing Questions to Ministers had expired he claimed the right under the Standing Orders to put it.
§ MR. SPEAKERIf the hon. Member will read his Question I will decide.
§ CAPTAIN DONELANsaid he wished to ask the Chief Secretary whether his attention had been called to the proceedings at the Riverstown Petty Sessions on Friday last; was he aware that Mr. Wright, the Crown Solicitor, advised the police not to act on any warrant issued by the majority of the Bench, whether the Crown Solicitor had any authority to give such advice, and by whose instructions District-Inspector Wade refused to execute the warrant. He urged that this Question came under the Standing Order.
§ MR. SPEAKERI am not in a position to judge very accurately as to the importance of the Question and whether any harm can be done by waiting, so I will allow it to be put.
§ MR. ATKINSONAs I am more conversant with the facts I will reply.
§ CAPTAIN DONELANMy Question is addressed to the Chief Secretary.
§ MR. ATKINSONYes, but the prosecution is under my charge and I am more conversant with the facts, therefore I propose to reply. A number of men were brought up before this Bench of Magistrates on an application that they should be returned for trial for riot. The magistrates from time to time adjourned the case, and eventually application had to be made to the King's Bench for a mandamus to compel them to proceed to adjudicate and to either return the accused for trial or to acquit them. The mandamus was granted, and on the same day the magistrates assembled in obedience to the mandamus addressed to them, and, instead of obeying it, three of them took upon themselves to exercise jurisdiction over the men and to convict them of an offence with which they were not charged, an 1345 usurpation of authority which was absolutely illegal, an act done without any warrant or jurisdiction, and without absolutely any defence; in fact, these magistrates not only exercised a jurisdiction which they had not, but one of which they were expressly deprived by statute. The police, under the direction of the authorities, refused to execute the warrants, which were both illegal and improper, and which, had they been executed, would have subjected both the magistrates and the police to an action for false imprisonment.
§ CAPTAIN DONELANMay I be permitted to point out most respectfully that the Attorney-General has not answered one of the Questions I put? I ask whether he was aware that Mr. Wright, the Crown Solicitor, advised the police not to act on any warrant issued by the majority of the Bench; had he authority to do so, and by whose instructions did Inspector Wade refuse to execute the warrant?
§ MR. ATKINSONI think I have answered all the Questions. Mr. Wright represented me in the conduct of the prosecution, and communicated with me as to what had been done. He properly stated on the spot that the warrants about to be issued were altogether illegal. The Chief Secretary was communicated with through me, and I advised him that it was absolutely proper that the police, under the circumstances, should refuse to execute warrants which were entirely illegal.