§ 81. Mr. DEVLINasked the Chief Secretary for Ireland whether he is aware that a special Court in Kilkenny, on Tuesday, 9th instant, before Mr. P. D. Sullivan, Resident Magistrate, Major Ewan Bruce, formerly a member of the auxiliary police force stationed in Innistioge, County Kilkenny, was charged in custody at the suit of District-Inspector Baynham, Callan, with larceny of £75 from Kell's Creamery, on the night of the 10th October; whether the case was originally before the Court on Thursday, 28th October, but after evidence had been gone into that day the Intelligence Officer at the military barracks, Kilkenny, communicated with the Press and informed them that they would not be allowed to publish the details of the evidence; whether he is aware that at the subsequent sitting of the Court, Mr. Sullivan, the Resident Magistrate, said he had been handed a note from the Press asking if the proceedings might be reported; to this he replied that it was a public Court, that there was no censorship so far as he was aware, that there was nothing whatever to prevent the Press reporting anything they might think fit, and that the proceedings of a Court of Justice were always public except in very exceptional circumstances; and whether, in view of this statement, the right hon. Gentleman can state on authority the military officer acted in forbidding the publication of this important case in the Press?
§ Sir H. GREENWOODI would refer the hon. Member to the reply which I gave to a question by the hon. Member for the Ince Division of Lancashire on the 11th instant. I am informed that the officer in question did not purport to prohibit the publicity of the proceedings, but pointed out that as the accused was awaiting trial by court-martial it would be undesirable to publish the proceedings before the Resident Magistrate.
§ Mr. DEVLINAs this is a case of larceny, why did not this trial take place before an ordinary civil tribunal, and why is there a special advantage given to a military officer who is guilty of larceny over any ordinary citizen who is guilty of a similar offence?
§ Sir H. GREENWOODThere is no privilege given. A military tribunal will be much more severe on an officer on any charge, especially a charge of larceny, than a civilian tribunal. The law in this matter takes its usual course, and I am glad to see this example of the independence of the Irish judiciary.
§ Mr. DEVLINAfter the case was first tried before a military tribunal, why was it then handed over to a civilian tribunal, and why is it now handed back to another military tribunal?
§ Sir H. GREENWOODThe law has taken its course. There is nothing unusual.
§ Mr. MacVEAGHCan the right hon. Gentleman say on what authority this military officer acted in going to the local newspapers and telling them that they were not to publish the evidence showing that this officer was guilty of theft?
§ Sir H. GREENWOODI have answered that question.
§ Mr. DEVLINWill the right hon. Gentleman send a copy of the question and answer to the bench of Protestant Bishops who have uttered a protest against the Government being carried on by these men in Ireland?
§ Sir H. GREENWOODThe hon. Gentleman can send it.
§ Mr. WATERSONIs it not usually the case that before a creamery is burned they load a lorry with a ton and a half of butter and cheese?
§ Sir H. GREENWOODThat is not the case.
§ Mr. DEVLINHow do you know?
§ Mr. MacVEAGHIt is the case. They steal the butter and cheese.