The Marquess of Normanbysaid, that in consequence of the question put to him on a former night, he had made inquiries, and found that (he statement made by the noble Marquess (Westmeath), as to the commutation of the sentence of death passed upon a man named Lynam, convicted for murder recently in Dublin, was correct. He had received a communication from his noble Friend, the Lord-lieutenant of Ireland, in which he was informed that the sentence had been commuted into transportation for life. His noble Friend also stated, that there had already been executed for that crime four of that man's accomplices, and another afterwards, convicted during the viceroyalty of the noble Earl opposite (Earl of Haddington) had received a commutation of the sentence of death to transportation for life. Under these circumstances, and considering the length of time that had elapsed since the murder, as well as for other reasons, the man had beet, reprieved in the way which he had described. To discuss the grounds of this commutation, or of the exercise of the prerogative, would be very inconvenient.
The Marquess of Westmeathasked whether sentence had been commuted after communication with the judges who tried the prisoner; for he thought their Lordships must, in some degree, refer to the evidence which came before the committee which had sat last year, when it was proved by a most respectable witness, that in that unfortunate country there was a sympathy with murderers among certain classes. A very respectable witness, who had been examined, alluded very pointedly to this sympathy, and stated the instance of a man who was taken near Roscrea. He was a person who had been employed by some of the police to look out for some persons who had been guilty of grievous offences, against whom warrants had been issued. The witness stated, that he had asked him where he slept, and he replied at a farmer's house, and he could always get entertainment and lodging, by saying that he was on his keeping for murder; that was, that it was sufficient that he had committed murder and was flying from justice, to insure him the hospitality and protection of the neighbourhood. It was a matter of pain to him, as an Irishman, to dwell on what he believed to be a most disgraceful characteristic of certain classes of his countrymen, but he felt bound to do so. Under these circumstances, the 1154 government of that country could not be too cautious how they interposed between the verdicts of the jury and the conviction and condemnation of persons who had been engaged in so atrocious a murder as this; and it would be more satisfactory to him to hear that the noble Viscount (the Lord-lieutenant of Ireland) had taken for his guide the practice which obtained in this country, of laying all the circumstances of the case before the judges who had tried the prisoners, before the prerogative of the Crown was exercised. He, therefore, begged to ask again, whether the sentence had been commuted upon the opinion of the judge who tried the offence?
The Marquess of Normanbycould not answer the question without entering into a discussion on the subject; therefore he declined doing so.
§ House adjourned.