§ MR. DELANY (Queen's County, Ossory)I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that in the assault case of Michael Rafter versus Cathirn Brooks, heard at the Maryborough Petty Sessions on the 1st instant, Mr. Vesey Fitzgerald, R.M., adjudicated, Although objected to by the solicitor for defendant on the ground that he expressed opinions strongly against his client previously to the case coming before the Court; and whether in view of the influence exercised by Mr. Fitzgerald upon other members of the bench to.secure a conviction, he will say what course he proposes taking under the circumstances.
§ MR. CHERRYThe action of magistrates in their judicial capacity is entirely outside the control of the executive Government. I may, however, state that I have thought it right to refer the Question to Mr. Fitzgerald for any observations which he might think fit to offer, and that gentleman informs me that there is absolutely no foundation for the suggestion that he had expressed opinions against the defendant in the case referred to before the case came into Court.