HC Deb 01 June 1921 vol 142 cc1047-8
Captain W. BENN

(by Private Notice). asked the Chief Secretary whether a Chancery Judge at Dublin, on the 26th May, ordered the issue of a Writ of Habeas Corpus to the Military Governor of Cork to produce on the 6th June the body of John R. Moylan, at present in custody in Cork; meanwhile, will he restrain action by the military in respect of Mr. Moylan's person, and, further, whether he is aware that Moylan's execution may take place on 4th June, and will he see that the writ is obeyed?

Sir H. GREENWOOD

I received private notice of this question at five minutes to one to-day. I wired at once to Dublin, and I shall give the information I have received.

Lieut.-Commander KENWORTHY

I gave you notice yesterday about it.

Sir H. GREENWOOD

John R. Moylan came before a court-martial yesterday at Cork on two charges, one of levying war against the King, and the second of having in his possession improperly one revolver, 30 rounds of revolver ammunition, and 2 Mill's pattern bombs. The trial commenced yesterday. The accused was defended by counsel. The answer to the first part of the question is, I understand, substantially in the affirmative. With regard to the second and third parts of the question, all I can say is that the Court now stands adjourned until to-morrow.

Captain BENN

Will the right hon. Gentleman say whether the writ of Habeas Corpus which has been issued will be obeyed by the Military Court, or does it not run?

Sir H. GREENWOOD

That is one of those very difficult legal questions which I cannot answer off-hand, but I can assure my hon. and gallant Friend that if he will put a question down for to-morrow, or put one on Private Notice, I will do my best to give him a fuller answer. These cases in reference to the issue of writs of Habeas Corpus have been brought before the Court of King's Bench at Dublin, and certain momentous and decisive decisions have been come to in reference to the conduct of the Commander-in-Chief in the Martial Law area. On the specific point whether a writ has been issued in this case and as to the result of that issue, I cannot now give an answer.

Captain BENN

While thanking the right hon. Gentleman for his reply, will he say that in the meantime, pending his inquiry and decision, the execution of this man shall not take place?

Sir H. GREENWOOD

I have already said that the case has been adjourned, and therefore the man has not yet been found guilty.

Captain BENN

Sentence is to be promulgated.

Sir H. GREENWOOD

That is not my information.