Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-08-20
FOREIGN intelligence.
Mr.. PARNELL
Will Vigorously Push His Suit Against
the Times.
The Distinguished Personnel OF the
Commission.

LONDON, Aug. Is.
The course pursued by Mr. Parnell in
promptly suing the Times in the Scotch
courts, has absolutely disconnected his oppo-
nents, in spite of the fact that they have re-
sorted TO Misrepresentation of his course.
The answer 10 the charge raised by the
Times supporters that Mr.. Parnell brought
suit in the Scotch courts only that he might
plead before the judicial commission that any
statement made before it would prejudice
his case before the courts-a specious charge
and which seems 10 afford satisfaction to his
antagonists-has been met by the liberal pub
lie with one of those popular outbursts that
attest their desire for fair play for the popu-
lar Irish leader. subscription started for
the purpose of raising fund to enable Mr..
Parnell to successfully fight the case in the
courts, has already received large measure
of success, aud there is no fear but that all
the necessary sinews of war win be furn-
ished.
Not only will the transferSof the case to
Scotland secure more impartial court for
its trial, but the Scotch mode of procedure
and law of libel favors to some extent the
pursuer rather than the English law and pro-
cedure. In the latter every libel must be
written, printed or in some other way ad-
dressed 10 the eye. Ia order to constitute
publication iefaplatory libel, it must be
false. 1t must also be- malicious in the legal
sense; the Law presuming malice in every
injury done intentionally and without justifi- |
cation. 1t must further have a tendency to
bring its object into hatred or contempt |
Few will deny and the Times may probably
admit that the latter clause has been fully |
met.
OF the personnel of the commission, what
ever may be thought of the fairness of their !
selection, no one, even among Mr.. Parnell |
and his friends, can raise voice as to their |
eminent ability.
Sir James Hannen, the first named, and |
the head of the commission, is of ripe legal |
age, being in his sixty y-seventh year His |
reputation as a keen witted hard working !
counsel, is still one of the memories of the |
old home circuit. He successfully contested |
Shoreham as an advanced liberal in 1865,
and was appointed a judge of the Queens
bench division in 1865 and president of the
Probate, Divorce and Admiralty division in
1872. As judge he has the reputation of
being exceedingly careful and has had few
of his decisions overruled.
Sir Archibald Levin Smith, the second of
the three, has had much experience in cleo
ton petitions and his shrewd knowledge of
politics and the artfulness of the average
candidate is relied upon by the
government as likely to be of use to them.
He is only 80 years old and his specially has
been commercial cases and election petitions.
He is one of the few judges who never "took
silk" that is, never attained the rank of
Queens counsel as a preliminary to judicial
promotion.
The last but not least important member
of the commission is Sir John Charles Day,
against whose appointment an earnest but
Intellectual protest was made. His conduct
as chairman of the Belfast riots commission |
in 1866, afforded the ground for the opposi-
ton to his appointment, but the government
insisted ou their choice. and he refused to
take the very plain hints that he ought to
decline the service expected from him. He
is Roman Catholic, is about G2 years old,
the editor of the Common Law Procedure
Acts" and of Roscoe's "Nisi Prius."