§ MR. MACVEAGH (Down, S.)I beg to ask Mr. Attorney-General for Ireland, with reference to the case of the absconding rate collector in Newry, whether he has ascertained that Livingstone, as sole executor of the will of the late Francis Fearon, received over £900 of trust money; that instead of investing this money in the names of the beneficiaries he invested part of it in his own name in the Carlingford Steamship Company and in the Dundalk and Newry Steamship Company; and that he subsequently sold these shares and embezzled the proceeds as well as the balance which he had not invested; if so, whether he can state why the Crown held that these facts did not afford sufficient reason for applying in Canada for the execution of the warrant issued against him in Newry; and whether, in view of the fact that he subsequently embezzled the funds entrusted to him as rate collector, he will state whether steps will now be taken to enforce the warrant issued in the case.
§ THE ATTORNEY-GENERAL FOR IRELAND (Mr. ATKINSON, Londonderry, N.)I have already explained to the hon. Member that a prosecution in such a case as this can only be instituted with the consent of the Attorney-General, and that my fiat was never asked for or obtained before the warrant was issued; that Fearon and his solicitor were informed what legal evidence should be furnished before any action could be taken to have Livingstone brought back to this country; that no such evidence has ever been furnished, and no legal evidence ever tendered to prove any of the several statements of facts mentioned in the Question. The absence of such evidence is the reason why the Crown have not taken any action. The Newry Urban Council complained to the police that Livingstone had appropriated a large sum of money belonging 1532 to them, but refused to have any information sworn in support of that charge, preferring to sue his sureties in a civil Court, which they have done. The Answer to the last query is in the negative.
§ MR. MACVEAGHWhy did not the police inquire of the local authority? Is there any doubt whatever as to the facts mentioned in the Question?
§ MR. ATKINSONThe urban council refused the information, and before the Attorney-General can authorise a prosecution he must have evidence before him sufficient to justify his sanction being given.
§ MR. MACVEAGHIf evidence is now laid before the right hon. Gentleman will he apply for this man's extradition?
§ MR. ATKINSONIf proper evidence is laid I shall be only too happy to take the necessary proceedings.