§ Mr. PATRICK O'BRIENasked Mr. Attorney-General for Ireland, whether it has been brought to his notice that Constable O'Shea, of Ballingary, one of the principal witnesses for the Crown in the prosecution of Mr. Keane, editor of the Kilkenny People, on 23rd February, swore that he had read in a copy of this paper, for the publication of which Mr. Keane was under prosecution, certain paragraphs which it was found by the court, and admitted by the prosecuting counsel for the Crown, were not in the paper at all; and whether, seeing that under these circumstances the court acquitted Mr. Keane, he intends to prosecute Constable O'Shea for perjury?
§ Mr. CHERRY:I have made enquiries as to the matter referred to in the question, and I am informed that Constable O'Shea was called as a witness by the Crown merely to prove the purchase of a copy of the newspaper alleged to have been published by the defendant. The newspaper was put in evidence, and was, of course, primary evidence of what was contained in it. The constable was then cross-examined by Mr. Keane as to the contents of the newspaper, the latter reading out passages and asking the constable if he had read same, to which the constable replied in the affirmative. Mr. Keane then read out a sentence closely resembling a passage in the newspaper, but different in effect, and by this trick the constable was induced to say that he had read the incorrect passage. Having investigated the circumstances, I have come to the conclusion that the constable honestly believed that his answer was correct at the time he gave it, and for this reason, as well as be- 1701W cause the answer was not material to the issue being tried, an indictment for perjury would not lie. I have no intention of instituting any prosecution.