§ Lord H. CAVENDISH-BENTINCK(by Private Notice) asked the Chief Secretary for Ireland whether, in view of the fact that in the case of Thomas Whelan, convicted for the murder of Captain Baggallay, fresh evidence has been forthcoming to prove his innocence, he will not, in order to prevent a grave miscarriage of justice, insist on a thorough inquiry before the sentence of the court martial is carried out?
§ Mr. MYERS(by Private Notice) asked the Chief Secretary for Ireland whether his attention had been drawn to the case of Thomas Whelan, who had been sentenced to death by court martial on a charge of murdering Captain Baggallay on 21st November; whether he was aware that the two witnesses upon whose evidence Whelan was convicted also identified three other persons who were subsequently acquitted by the court, the evidence apparently not being satisfactory; that it was proved by numerous impartial witnesses that Whelan was at Mass at the time of the murder, and that fresh evidence has been forthcoming since the trial; and whether, in all the circumstances, he will have further inquiries made into the matter and suspend the carrying out of the sentence in the meantime?
§ Sir H. GREENWOODI propose to answer these questions together. I must respectfully decline to discuss the evi- 249 dence upon which Thomas Whelan has been convicted for the murder of Captain Baggallay on Sunday, 21st November last, by a competent Court of Justice. The only question which now arises is that of the exercise of the Royal Prerogative of Mercy, and in regard to that question I can only say that every material consideration will be carefully weighed in accordance with the invariable practice.