New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-12-05
pROcEEDlNGS OF PARLLAlfENT

In the House Of Commons, on Thursday,
Nov q. Mr. MHgSirc who, cortniug himself entirely 10
the legal question and di-camng al desire 10 advert to
the merits urged Government suspend the cNccu
ton Of the couvcts until the point raised by the prison
ere counsel as 10 The SuthcieLy Of tho warrant by Whch
Kelly ard Dcasy IN custody. ana winch they con
tended 81 decided IN their favor "Gud reduce me oense
from murder go 'nasiauSuF' hao pt' afkuev p''It d
Court OF Appeal Taking Il i've circumstances Of The case
into CONSIDERATION, ana particularly Itntmhcrug now me
evidence had htcu ohE"Gcd ny me subsequent lS 'ld
by the pardon OF Mlcnrc, hc Insisted that, there was
Difference NJ opinion merely, tc execution would hc q
legal murder "a phrase winch excited general iHurmuI
o. 0isJppiObatOm III it were not sOlcnmly decided
Mr. Fawcrr. who went more freely into mo eeut'al
question OF policy and SOME 81 whose remWks provoked
decided expressions of dissent, maiIgiacd that The par
don OF Maeuic hgd thrown an Az Oh uncertainty over
tt Olhe c0hFI'.lphs' ana l-uc" stIy lot merry
81. G.. BOW1er pointed ont that tlis was the only
country IN Europe where toAtics in TIE position o lc'e
men would not a'" f-'t o appeal 1b' 'lntgIy, WIZ"
Government 90 spare thcr lives mii The point ot Law
Mt sergeant .sclrc and Sir C. O'Loelicn also con
cured in thinking that au c&irEiudcA opinion OF the
Judges would rot be satisfactory 10 public opuion ana
that the execution woulu have greater elect 10 II we're
soleuhly decided that ttrc Was nothing u me point oi
law sir Coiman quoted ihc case or charlotte NAu'oi'
Iu which the cuIuce DOW suggested had been t1acn.
M Hardy then cAe'rcd from both sides Of The
House After uludjnz TO the extremely painful po'tion
IN which be placed by appeals 81 this nature. be
went on To point out that 10 would be absolutely me gal
che Judges hdd sucuny taken uuou themselves Tie duty
Of considering tai. point, aud had gwen thcir opinion
their decision over ana to refer 10 some oIcr tribunal
NJ. Justice Blackburn thought ltlie OF tine point of
law that he refused hr,t TO entertain H. but suhsc
QUeutly j." bad consulted the JUugc,, and not one az
them lad dAeiCd from tho opinion gwen by hiu eud Mr.
Justice Mclor Manchester The stop the Government
vas asked 20 take WIS cniir., Unprecedented. ana he
should hold 10 he dcreicul ot GUty 40 miCrtcrc with
the execution Oh that Houud
Mt N. Chambers denied thar Tie Home Secretary
would acting Illegally i'm rcfuue thc question 10 the
Judges an M need do pray lcr lia siy 10 eNcr-
else her Royal prorosatoe OF calling In the Judges 70
fl.
conviction 1iis was actually On, CCUre- taken in all
such before the recent Act 81 Parliament To the
ions he replied mat they had only hclrd -idrilat
set before them by Ju,ic, Blackburn. and that II tIcy
was MAI lie icoj. , o,d De- With The a,irnnis
trttiou OF the law and auudycrtcd U tue fact that DE
question Of The sjHreucy ~ Ire warrants lad not been
put 10 the jury until The tli'd trial
Nj Gladstone, after expressing hi, inability 10 follow
.lr Chambciss argument explained he view which he
took-ae laylnan with great dc eierce on this import
ant matter. ia previous periods when the mode OF set
ting right doubtful conviction r tho Grown refer
ring d 10 tbe Judges the aplf" now ume !" me IAec
i've WOuid nave been srot one hu 7hce IA' satute
had been passed prescribing particular mode OF bring
uE these doubtful points before Court oi Appeal. lac
Wa~ htLtu to Lhihh !nt rome 80, it'"ly 'u'!leu 70
plead that 10 would De Illegal for the Executive 10 over
OF procedure a. least to iail back upon that old mode
would be "a disregard OF the spirit Of tie statute.
The Attoney-Gencfa. confirmed uuieseryedy the nc
curacy Of MI Gad,Ones representation OF the law and
maintained that since tie time OF tine passing Of the
statute practically Gboi,hug the old mode q procedure
/ Wnder winch, he reminded 1ir Chambers, the Judges
guided. not by arguments 81 counsel but by written
statements, ana ia secret counsel with each other, the
custom had always been thai the JUDGE should first
point at the trial. and that II should then be
gued before the Court Of Criminal Appeal. In this
Ihc two Judges a. Manchester had decided the point
after 10 had been argued ~ length before them they had
alterward, after consultation with tho other Judges de
cidcd that there question which could De raised
for the consideration Of Court % Criminal Appeal and
the Executive could not but accept their determination.
This brought thc conversation 20 close, and Tire House
aGiOulIlcd IA 20 minutes past q O'Clock.