§ MR. VINCENT KENNEDYI beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that Thomas J. Smith, J.P., Joseph Mulligan, and Terence Fitzpatrick, at present lodged in Dundalk Prison, under. an order of the Land Judge for contempt of Court, are confined in their cells for twenty-two hours each day; whether, when the friends of these men visited the prison, they were only allowed to communicate through an iron grating in the presence and hearing of a warder, who stood prepared with note book and pencil to report the interview; and will he say whether the police have reported that the account given by John Brady, on whose affidavit the attachment was had, was exaggerated.
§ MR. T. L. CORBETT (Down, N.)Will the right hon. Gentleman consider the advisability of releasing these men, as they are well known members of the Nationalist Party?
MR. BRYCEI am informed that the fact is as stated in the first part of the Question. In accordance with the prison rules, these prisoners have two hours' daily exercise and are confined in their cells for the rest of the day. It is the fact that when these prisoners received visits from their friends they were separated from them by a wire netting. There is no regulation requiring such separation in the case of first-class misdemeanants, and the General Prisons Board have instructed the governor of the prison to discontinue the arrangement in this case. It is necessary under the rules that an officer should be present at such visits, but it is not the fact that the officer has a notebook and pencil in order to report the interview. I cannot give any information in reply to the last inquiry. Reports furnished by the police to their superior officers are privileged documents and their contents cannot be disclosed.
§ MR. JOHN REDMONDWill the right hon. Gentleman institute an inquiry into the circumstances of this case?
MR. BRYCEsuggested that the Question could be discussed on the Motion which had been put down in 1283 reference to contempt of Court. He was not prepared to order a special inquiry.
§ MR. JOHN REDMONDThe Motion for next week is a general one; this is a particular case, and in view of the fact that these gentlemen have been committed to prison without having been heard in their own defence I ask for an inquiry.
§ MR. SWIFT MACNEILL (Donegal, S.)Has the right hon. Gentleman referred to Mr. Gladstone's speech in 1882, in which he said the law as to contempt needed amelioration, and that he would bring in a Bill next year limiting it?
MR. BRYCEI have referred to the speech. I cannot argue the point now, but at the proper time I shall be prepared to deal with it.
§ MR. VINCENT KENNEDYI beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that Thomas J. Smith, J.P., Terence Fitzpatrick, and Joseph Mulligan, who were removed to Dundalk Gaol on Friday last under an attachment order for contempt of court, were arrested by Arthur Forbes, who is the receiver on the estate affected by the proceedings; is he also aware that Mr. Forbes initiated the proceedings and attended specially in Dublin on the hearing of the Motion; and can he say if Mr. Forbes will charge the estate for attendance as receiver in Dublin, and also in his capacity as sheriff for subsequently executing the order, or will these amounts, if not personally paid, be a public charge.
MR. BRYCEI am informed by the Registrar of the Land Judge's Court that he has no official knowlege that Mr. Arthur Forbes, who, as sub-sheriff for County Cavan, executed the writs of attachment in this case, is the same person as the receiver of that name who instituted the proceedings for contempt of court; but, having made inquiries, the registrar is satisfied that the receiver and sub-sheriff are one and the same person. The registrar adds that under the usual practice of the Court, all proper costs and expenses in such cases are paid by the 1284 persons attached, and failing payment by such persons the matter rests in the discretion of the Court.
§ MR. JOHN REDMONDThen the person who initiated the proceedings and obtained the order of attachment afterwards as sheriff executed it?
§ SIR EDWARD CARSONCould the Judge of the High Court have directed any one else to execute the order?
§ [No Answer was audible.]