HC Deb 23 November 1909 vol 13 cc179-80W
Mr. HUGH LAW

asked the Chief Secretary whether he can say if, on the occasion of the third trial of Police Inspector Montgomery for the murder of a bank manager at Newtownstewart, county Tyrone, in the seventies of the last century, it was brought to the knowledge of the authorities that the funds of the prisoners were exhausted and he was unable to employ the special counsel who had twice previously defended him, and, on ascertaining these facts, did the Treasury pay a special fee to the late Mr. M'Donough, K.C., in order that the prisoner might be adequately defended by the same counsel who had previously defended him; and whether, as similar circumstances exist in the case of the King r. John L. Tease, in which the Crown propose to try the prisoner for the fourth time at the coming Winter Assizes, and as the prisoner's means of employing the counsel and solicitor who defended him at his three previous trials are exhausted, the Executive will insure that on the fourth trial of the prisoner funds will be provided by the Treasury to secure the services of the counsel and solicitor who have already defended prisoner on his former three trials?

Mr. CHERRY

I cannot ascertain that any special fee was paid by the Crown to the counsel for Montgomery in the case referred to in the question, beyond the usual amount allowed for a prisoner's counsel, assigned by the Court for the defence of a person charged with murder. It would be quite contrary to precedent to allow the costs of defending any prisoner charged with any offence less than murder, as Tease is, but the expenses of witnesses attending at the Winter Assizes in Belfast, on his behalf, will according to the usual rule be allowed.