§ MR. FLYNN (Cork, N.)To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been called to the proceedings in the case of 609 George M'Cullough and William Foster, in connection with the South Derry election, to recover damages for assault I and battery, tried in Dublin before Justice Kenny and a jury, and in which plaintiff obtained a verdict for £20 damages; is he aware that the learned judge commented strongly on the conduct of the local police in not prosecuting Foster for this assault; and will he say what steps do the constabulary authorities intend to take in regard to Constable Mason and the other policemen.
(Answered by Mr. Bryce.) My attention had not been called to this case, but I have now received a report from the police authorities and have seen a newspaper report containing the comments of the learned judge upon the hearing of the civil action. It appears that the assault in question was witnessed by two policemen, who at once interfered to prevent further assaults. I am informed that it is not the practice for the police to prosecute in such cases unless the assault is of a serious nature or is one involving the general peace of the locality; and if the police have any doubt upon the latter point, they take the directions of the magistrates at petty sessions, under 25 and 26 Vic. Cap. 50, See. 9. This was done in the present case, and the bench of magistrates decided that, as a civil action was pending, it was better that the police should not interfere. M'Cullough himself had requested the police not to prosecute, as he intended to take a civil action. The learned judge was probably not informed of this fact. As the police followed the usual course in this case, the Inspector-General does not intend to take any steps.