VISCOUNT TEMPLETOWNMy Lords, I beg to ask Her Majesty's Government whether their attention has been called to 628 the answer they gave to the Motion of Friday last for a copy of the proceedings and evidence in the case of Markey v. Earl of Gosford, and what the facts are? It may be in the recollection of some noble Lords that I moved on Friday last for a Return containing a copy of the official shorthand writer's notes of the proceedings and evidence in the case of Markey v. Earl of Gosford, before the Irish Land Commission. The noble Earl who replied on behalf of the Government [the Earl of Denbigh] said the evidence was fully and carefully stated in the judgments so far as was necessary for a decision, and upon that I withdrew my Motion. I then obtained a copy of the Irish Law Times Reports, and referred to the judgments in the case of Markey v. Earl of Gosford, wit a the hope of finding in them, the evidence and the other particulars I had asked for. I hold those judgments in my hand at the present moment. I have read them through twice very carefully, and have spoken to others who have read them, but we all agree that there is no reference at all in them to the evidence that was given in the case. So far as I can see there is not one single word of the evidence in these judgments. I admit that there are opinions based on the evidence, but I asked for a copy of the evidence. It was communicated to me from Ireland that the case had not been dealt with according to the wishes of those on behalf of whom I was moving; that is to say, they complained that the details of the case—the evidence—had not been brought out in the judgments, nor in this House; and I understand that the answer which was given by the noble Earl [the Earl of Denbigh] the other evening does not meet the case. I therefore, my Lords, venture to ask Her Majesty's Government whether their attention has been called to the answer they gave to my Motion on Friday last, and what the facts are?
§ THE EARL OF DENBIGHMy Lords, the noble Viscount asks me to tell him what the facts of the case are. I am afraid it is rather a large order to expect me to go into the decision which was given by a legal tribunal, and which was not appealed against, in regard to this case; and I submit that it is not compe- 629 tent for your Lordships to discuss this matter in that way. With regard to the answer I gave the other day, I then said that the evidence was fully and carefully stated, "so far as was necessary. "The noble Viscount will mark the qualifying phrase I used—"so far as was necessary. "I am afraid he considers that considerably more was necessary than was actually stated. I only gave him the answer of the Law Officers of the Irish Government. I did not in any way mean to infer that the evidence was directly quoted in the judgments. The question in this case is practically one of law, and I have only to say that so far as it was necessary for the consideration of that question, the matter was dealt with in the judgments, which, as the noble Viscount is aware, are reported at length.
VISCOUNT TEMPLETOWNMy Lords, I do not know whether I am entitled to make any remark upon the reply of the noble Earl, but he said on Friday that the evidence was fully and carefully stated in the judgments. I ask him to show me where in the judgments the evidence is stated.
§ THE EARL OF DENBIGHI said "as far as was necessary."
§ House adjourned at 5.5.