The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-10-28
PARNELLS SCOTCH SUIT.
CLOSURE OF THE RECORD OF
PROOF ALLOWED.

Mr. Murray Doubts the Jurisdiction
of the Court-The Right of the Pros
ecution to Certain Funds Under the
Registration Law Eenied-What the
Times Record Maintains.
EDINBURGH, Oct 27.-In the court OF
sessions to-day the case of Mr.. Parnell
against the London Times was again called.
Messrs. Strachan and Balfour, Mr.. Parnell's
counsel, moved that closure of the record
of proof be allowed.
Mr.. Murray, counsel for the Times, moved
that the question of jurisdiction in this case
be sent for determination to the procedure
roll. The prosecution had made many
alterations in their complaint. They had
deleted all reference to the statement that
Mr.. Parnell had supplied Byrne with money
te enable him to escape justice, and it was
no longer alleged that the statement was
false, untrue and malicious.
ONLY ONE QUESTION LFsT.
The judge thereupon said that this left
the record with only one question.
Mr. Murray said he wanted the question
of jurisdiction to 90 to the procedure roll
because no relevant averment as to juris-
dicton had been made He said that where
plaintiffs made simple denial The prose-
cution had taken no notice of the two aver
ments concerning the English laws.
Mr.. Strachan thereupon replied that the
only question Of English law involved re-
ferred to a summons taken out of England.
Attorney General Webster, continued Mr..
Strachan, spoke on the O'Donnell trial on
instructions which the Times had given
him, but the Times had editorially adopted
the attorney generals alleged ISLANDERS.
THE MOTION GRANTED.
The court then granted the motion Of the
plaintiff's counsel that the record be closed.
Mr.. Murray said the only publication
averred in the complaint was that copies Of
the Times had been mailed to persons in
Scotland, and this averment, he contended,
was irrelevant. The prosecution, he further
said, claimed the right under the registra-
tion act TO certain funds, which he was
clear the act gave them no right to.
The Judge decided to send the case to the
procedure roll for decision ON The various
points submitted.
The Times record maintains the whole of
its changes. 1t alleges that the action is an
attempt on Mr.. Parnell's part to avoid a
full inquiry by the Parnell commission and
TO limit the issue of the commissions work
TO the sole question Of the genuineness of
three letters.
THE LETTERS NOT THEIR PROOF.
The defendants do not rely upon the let.
ters for proof Of their statements, which
are equally true, even if the letters were
not signed, as purported. On the day
before the summons in this case was issued
the prosecution secured the issuance from
the court of Queens bench of writ in an
action for libel for $4,000. As
that action is pending, other
proceedings with respect to the same mat
ter are by the English law barred. The
publication of the attorney generals state
ment in the O'Donnell action and a fair re-
port Of the proceedings were privileged by
the English law, and therefore no action
can lie. The Times articles were a fair
comment. and therefore tho defendants
should be acquitted. The prosecutions
statements are declared to be irrelevant and
insufficient to support an action.
j. D. sHEEHAN ARRESTED.
DUBLIN, Oct. Ell. ID. Sheehan, men,
ber of parliament for East Kerry, was
arrested at a meeting of Lord Kenmore's
tenants to-day for advocating the plan Of
campaign.