HC Deb 20 July 1909 vol 8 cc265-6
Mr. JOHN MURPHY

asked the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been directed to the action of Mr. Wynne, removable magistrate, at Castleisland, county Kerry, petty sessions, in refusing to allow Mr. Florence Sullivan, J.P., and Mr. Martin Nolan, J.P., to adjudicate in a case arising out of the recent eviction of Mr. Walsh; and whether the Irish Government gave Mr. Wynne any instructions to adopt this course?

Mr. BIRRELL

I am informed that the facts of the case are as follows: On 22nd June last a number of men were brought before Mr. Wynne, R.M., and a local magistrate, charged with assault and resistance to the police and sheriff's bailiffs at the eviction in question. While the case was proceeding, Mr. Nolan, J.P., came in, and the resident magistrate pointed out to him that as he had not been present when the evidence began, he could not adjudicate. At the adjourned hearing on 29th June, the resident magistrate took the same course with regard to Mr. Sullivan. Mr. Wynne had no instruc- tions from the Government on the subject, and was only doing his duty in insisting on the well-known principle of law, that only magistrates who have been present, and have heard the whole case are entitled to adjudicate.

Mr. J. MURPHY

Did the resident magistrate prevent Mr. Nolan from acting before any evidence was taken? I was present myself, and I know about it.

Mr. BIRRELL

I have got the report of the resident magistrate, and I have read out to the House the statement he has made that the only reason for interfering with this magistrate was that he was not present when the case was opened.

Mr. J. MURPHY

As this matter is of consequence to a lot of people in the county Kerry, will the right hon. Gentleman take some steps to obtain information from some persons other than those who are charged—resident magistrate and the police officer?

Mr. BIRRELL

I know no better way of finding out what takes place in a court of justice than by asking the two magistrates present, the resident magistrate and the other magistrate.

Mr. J. MURPHY

Did the right hon. Gentleman ask the other magistrate at all? I believe he did not.

Mr. BIRRELL

No. I am quite ready to ask the other magistrate.

Mr. J. MURPHY

I should be glad if you would do so.