§ MR. DELANYI beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been called to the proceedings of the Mountmellick petty sessions, held on the 9th instant, in which a man named Michael Gaffney was charged by Acting-Sergeant Byrne with being drunk while in charge of a horse and cart on the 6th March; 1226 whether he is aware that the acting-sergeant arrested Gaffney, notwithstanding the protests of several respectable residents of Mountmellick, and placed him in the barrack guard-room, and that the dispensary doctor, who was called in by his solicitor within half an hour after his arrest, declared Gaffney perfectly sober, who was then taken before a magistrate and discharged, but was subsequently summoned by Byrne, who swore at the trial that the man was drunk and incapable on the occasion named, and insinuated in cross-examination that the five respectable witnesses who proved the contrary, amongst them the doctor, were also under the influence of drink on the 6th instant; and whether seeing that the bench of six magistrates including the resident magistrate, dismissed the case upon its merits, he will say what course he proposes taking with regard to this policeman.
§ MR. BIRRELLIn this case there was a conflict of evidence between the police witnesses and the witnesses for the defence. Acting-sergeant Byrne and three constables gave evidence that the defendant was, when arrested, drunk and incapable of taking charge of his horse and cart, while four witnesses called by the defendant gave evidence that he was not drunk, and Dr. O'Brien who was called in nearly an hour after the arrest swore that he was then perfectly sober and could not have been drunk when arrested. The magistrates dismissed the case. It would therefore appear that the acting sergeant and the other policemen made a mistake, but in the Inspector General's opinion there is nothing to show that they acted otherwise than in good faith. The matter will receive the attention of the Inspector General.