To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether any bill was sent up to the grand jury at the recent Cork Assizes in the case in which Constable Healy, who was returned for trial by a bench consisting of seven magistrates sitting at Macroom, was indicted for inflicting serious injury on one Jeremiah Cotter by breaking a baton on his head, as a result of which his life was certified to be in danger; if no bill was sent up, will he explain the reason why; and will he state what further action the authorities intend taking in this matter, seeing that in the cross case, in which Cotter and others were charged with assaulting the police and escaping from arrest, these men were acquitted, the Judge declaring that the police acted illegally in not proceeding their warrants.
After a careful consideration of the evidence I directed that no bill on behalf of the Crown should be sent up to the grand jury in the case against Constable Healy, as I could not see that there was any foundation whatever for the charge. The learned Judge, however, at the request of the private prosecutor, allowed a bill to be sent up, which the grand jury ignored. The Judge does not appear to have stated that the police acted illegally in not producing their warrants, but he said that if the police had not the warrants in their possession they were not competent to arrest. The police, however, proved that the warrants were in their possession when the arrest was effected. It is not intended to take any further proceedings in the matter.