The Express.
London, England, 1867-04-20 00:00:00

THE CASE OF STEPHEN JOSEPH MEANT.

The arguments in this case were resumed at the
sitting of the Court of Criminal Appeal, Dublin, on
Thursday.
The Attorney. General, who had not concluded his argil.
meet on the previous day, submitted that, according to
the 24th and 'Muth of the Queen, cap. 94, sec. 7, the case as
stated could clearly be sustained, on the principle of acces-
sory and principal. They had it established by the case
stated that treason-felonies were committed within the
venue by certain persona of whom Meany was not one.
They had it also established that these felonies were com-
mitted by a number of persons as co-conspirators ; there-
fore Meany had been shown to be either • party
to or privy to those acts. If he were a party to those
acts, which were done exclusively within the venue,
how was he made a party to them? In this way—
that, in pursuance of them, he was a co-conspirator with
the persons who did them. If he be a party to the acts by
reason of being • co-conspiritor with the party who did
them, it followed that they had acts done in this case
within the venue. If, on the other hand, the laws of con-
spiracy did not apply as regards this case, then the court
must apply some different principle. The way to look at it
was, that Meany must be made a principal by the law of
oon*iracy ; but conceding that be was not made • prin-
cipal—that be was not constructively present in point of
law—what was then his position ? He was a party who
was privy to the acts procuring them to be done by joining
that association which procured thew to be done. That was,
that he procured them to be done by being • member of that
association. If than he was not • party to theacts he was a
person who was a party ante, an acoessosy before the act.
If he was an accessory before the act there was jurisdiction
in the court to try him. According to the argument of the
counsel for the prisoner they had a crime which was per-
fectly liable to be tried, but which could not be tried for
want of a tribunal having jurisdiction to try it. It could
not be tried at common law, because there was no power at
common law to try a case which was outside the venue.
Neither could it be tried by statute, because there was no
statute providing for its trial. Therefore, according to
that argument, this absurd state of things would arise,
that although • case was liable to be tried, there is no tri-
bunal to try it. It appeared to him that, on the showing
of his own counsel, Meany could only choose between that
conviction and imprisonment for his natural life, because
being in gaol for a crime which was triable, but which
could not be tried for want of a competent tribunal, there
was no power in any tribunal to discharge him.
The bolicitor.Ceneral was also heard in support of the
validity of the conviction, and dwelt upon the recognised
principles of the law of conspiracy, as making the acts of
one or more the acts of all. They applied to conspiracy
under the Treason-Felony Act, and it would be a most
novel and dangerous experiment to hold otherwise. Meany
was proved to be a co-conspirator in America. He be-
longed to the Fenian Association in that country, which
was one with the Fenian Association in Ireland. The
common and joint intent was to depose the Queen, levy
war upon her, and cause foreigners to invade Ireland.
Meany in New York was answerable for everything done
by his co-conspirators in Dublin, and that being so, these
were overt acts committed by Mean', in Dublin. The law
gave the Commission Court clear jurisdiction to try him.
The doctrine of the common liability of co-conspirators
applied to cases of high treason and to misdemeanours,
and there was no reason why it should not apply to the
Treason Felony Act, which, by the decision in the Queen
e. Mulcahy, made the single act of " compassing" the de-
position of the Queen a felony, and the conspiracy to ac-
complish it the evidence by which the offence was provable.
The conspiracy was one and the same, although some of
the members of it were carrying on their operations in
Ireland and others in America.

Mr. K. O'Loughlin replied on behalf of the prisoner, and
submitted that the argument of the crown counsel pro-
ceeded upon a fallacy caused by confounding the overt acts
of the conspiracy with the overt act of the crime. If the
felony was the compassing to depose the Queen, and Meany
compassed, he did it in America, and at common law the
Commission Court in Green-street was entirely denuded of
jurisdiction, because the crime took place outside the
realm. The overt act was pert of the crime, and no overt
act was done by Meany within the venue. The crown
were challenged to point out any statute giving the court
jurisdiction to deal with a felony committed outside the
realm, and there was no response. No conspiracy by Meetly
was established against him within the venue, nor could
it be. Meany was never in Ireland from the time the con-
spiracy was charged until brought over to be tried. He
was arrested in England, ►nd after his arrest be could not
be held answer►ble as a conspirator in Ireland. Counsel
urged that no act of Meany's in America could be relied on
to support the indictment until the crown tint proved an
overt act of conspiracy within the city of Dublin, and the
identity of the proceedings in America with that act.
The arguments occupied the day, and their lordships
adjourned the court until Saturday, the 27th.

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