New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-25

! JUSTIN MCCARTHY APPEALS TO THE HOUSE OF
| CoMMONS-SIR w " HARCoURT AND Mr.
| GLADSTONE DENoUNCE Mr.. BALFoURs
METHoDS-THE CHIEF SECRETARY
| CALLS THE GRAND OLD MAN TO
l. ORDER AND GETS REBUKED
FOR HIS PAINS-BUT THE
PREMIEES NEPHEW
WINS ON THE
| DIVISION
| LONDON, April 24-In the House Of Commons
to-day, Justin Mccarthy moved that the House
| adjourn on urgency in order to call attention
to the departure from the usual practice in the
Irish county courts by increasing sentences on
appeal Mr.. Mccarthy argued that the whole
practice was opposed to all previous experience.
If it was desired that in future appeals should
be regarded as a game of double or quits" let
the House of Commons and the people say SO.
He asked the House to signify its objection
to this new principle of appeal which closed the
gates of mercy and opened the gates of wanton
and despotic action {" Hear, Hear.')
Mr.. Madden Solictor-General for Ireland, said
the particular appeal granted under the Petty
Sessions Act was embodied in the Act Of 1eS7.
1t was not appeal, but really rehearing of the
case and it was the duty of the judge regardless
Of the decision of the court below, to pronounce
the Judgment that he considered the evidence
warranted.
Mr.. Shaw-Lefcvre said that not single case
of an increase in sentence had occurred in Eng
land. He did not deny that the court possessed
the power; but that power had never been ex-
ercised Appeals were giver in the interests Of the
prisoner not of the Crown Sir William Vernon
Harcourt said they were unused powers within
the law. They were rusty weapons of brutal
tyranny. The employment of brutal and ferccious
powers whether within the law or not, against the
people, was unconstitutional (Chcers) He could
easily conceive that it would be convenient for
the Government to make the people afraid Of ap-
pealng. With that view, what could be easier
than to introduce new feature in criminal pro-
cedure, to deter men from appealing by the fear
Of increased sentences After this Irishmen could
not and ought not, to have confidence in the ad-
ministration of the law, because it was carried out
in manner repugnant to Englishmen. (Cheers1
Mr.. Bafour said that the previous speaker more
than insinuated that the judges had derived in
spration from Dublin Castle. Loud Parnellite
shouts of Hear, Hearl") 1t was foul libel,
{" Oh, Oh.") upon an honorable and independent
body of men who competently fulfilled their duties.
He denied that the appeal judges powers were
rusty or antiquated. They were legal by statute
not eleven years old in England. He accused Sir
William Vernon Harcourt of attempting to act
as court of appeal from the judges decisions
without knowledge of the facts He asked the
House to reject the motion.
| Mr. Gladstone followed Mr.. Balfour. He said
that while it was unadvisable that Parliament
occupy itself with the doings Of the courts Of
Justice in an adverse sense, 1t was necessary when
the proceedings of the courts were not conducted
| in spirit of justice that Parliament exercise its
| highest powers the grand inquest OF the nation
Apart from the legal aspect Of the case, the point
they had to argue was this when no instance OF
an increase of sentence could be produced in Eng
land, were they prepared. while boasting Of their
intention to treat the Irish q footing OF
equality to introduce this wholly new feature into
IrelandP Mr.. Madden had suggested that there
might have been new evidence; but i there mad naa
apprised of the fact. loud cheers The sugges-
ton was an empty pretext The fact a that an td SP
had DttSSed Sse anfeSS ao Be exercised
favor of the accused, not against MN
lie taunted Mr.. Balfour with breach of faith in
granting the right Of appeal and then practically
putting veto on IT..
Mr.. Bafour appealed TO the Speaker to declare
Mr.. Gladstone out Of order Ihe Speakeri nov Nv
cision was the signal for loud and long continued
Irish CT GERS.
Mr., Gladstone. continuing. said that it was a
trick of the meanest kind. the discredit for which
he would not divide between the Coy
ernment and the authorities in Ireland.
for he da St cbeaPs o% %nd hDw
shouts Of L" Oh, oh!") He believed by this discus
sion that Mr. Mccarthy had struck the death blow
at THIS pr0DaDly regal DuD PioNViO,p
which had been pursued in defiance of the principle
of policy and precedent-a practice which was
totally impossible in England and Scotland but
was thought good enough for Ireland as long as the
people of England were disposed 10 tolerate 1t. .
Attorney General Webster Indignantly repudi;
ated Mr. Gladstone's insinuatlons ana
charged Mr.. 1revelyan, when Chief Secretary
for ireland, with allowing cumulative sentences.
Amid the derisive laughter of the ParnellteS he
warmly denied that the Government had inter,
fered with the Irish magistracy, and he quoted
from Mr. Balfours speech at Birmingham to the
same effect There was running IRE OF cheers
and countcr.cheers while he complained OF being
impaled upon the horns Of dilemma through MI
Gladstone refraining from making stralghtfor-
ward charge that the Government was influencing
the Irish courts.
Mr. Gladstone admitted that II such cases had
occurred under his Government the Opposition had
no right to attack the present Government, Dut
he believed that no such cases mad occurred.
Sir G. o. Trevcyan complained OF the attacks
that had been made upon himself and Earl Spen-
cor He compared the large reduction in crime IN
Ireland under their Government with the small
reduction under the Government OF Mr Balfour
They had imprisoned one member OF Parllament
while Balfour had imprisoned six The Govern
ment had adduced only one instance OF an increase
of sentence under the Liberals.
The motion was defeated-2l9 10 30.
lx-Ta CDJTTNO