§ MR. SWIFT MACNEILL (Donegal, S.)
I beg to ask Mr. Attorney-General for Ireland whether his attention has been directed to the circumstance that Mr. Justice Kenny, at the Roscommon Assizes, on the acquittal of traversers after a trial by jury over which he presided as Commissioner of Assize, addressed the Crown Solicitor, Mr. M'Dermott, and directed him that no member of that particular jury be permitted to be sworn as a juror in any case which came before him; is Mr. M'Dermott under any obligation as the Crown Solicitor to take directions from a Judge with reference to the selection, or the challenging, or the ordering to stand aside of jurors, or is he still exclusively bound by the directions embodied in the last circular to Crown Solicitors framed by the Attorney-General.
§ THE ATTORNEY-GENERAL FOR IRELAND (Mr. CHERRY, Liverpool Exchange)
I am informed that the facts are as stated in the first part of the Question. The Crown Solicitor is not under any obligation to take directions from a Judge with reference to the exercise of his discretion as to ordering jurors to stand aside. His only duty is to follow the rules laid down for the guidance of Crown Solicitors generally 486 and to act under the directions of the Attorney-General for the time being.
§ MR. HAYDEN (Roscommon, S.)
Did the Crown Solicitor carry out his instructions at this assize? Did he order that twelve jurors should stand aside?
§ MR. LONSDALE
Is the right hon. Gentleman aware that in this particular case the jury refused to convict even on the clearest evidence?
§ MR. SWIFT MACNEILL
In the directions to the Crown Solicitors is it implied that they are not in the slightest degree to be influenced by the action of the Judges in reference to executive matters?