The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-10-28
In SCOTCH COURTS.
Parnell's Case Called at Edinburgh.
The Attorneys Engage In tho
Preliminary Movements.
A Move That the Closure OF tho
Record Be Allowed.
Tho Times Counsel Moves That tho
jurisdiction Be Fixed.
The limos Alleges That the Action OF
Parnell Is To Avoid Dull In
quiry By the Com
mission.

EplNuuROu, oct. 27.-ln the court Of
sessions today the ease OF Mr.. Panell
against the London Times was again called.
Mcssrs, Strachan and Baliour, Mr.. Par
ncll's counsel, moved that closure OF tho
record of proof be allowed,
Mr. Murray, counsel for the Times,
moved that the question OF jurisdiction in
this case be sent ior determination OF the
procedure roll. The prosecution had made
many alterations in their complaint. They
had omitted all reference to the statement
that Mr. Parnell had supplied Byrne with
money to enable him to escape justice,
and II was no longer alleged that tho state
mont was false, untrue and malicious.
The judge thercupcn said that this left
the record with only one question.
Mr.. Murray said he wanted the question
Of jurisdiction to go to the procedure roll,
because no relevant aycrmcnt rs to julis.
diciion had been made. lie said that
where the defendants statements wcro
not met the plaintiffs made simple de.
NAL. The prosecution had taken no no.
licc OF two aVcrments concerning English
law.
Mr.. Starchan thcrcupon replied that tho
only question oi English law involved re-
! icrrcd To the summons taken out Of Eng
| land Auomcy-G General Webster, con-
| tinucd Mr. Stnchan, spoke in the ODon-
nell trial ON the instructions which the
IiR0 had given him. but tho Tiino had
cditorinlly adopted tie attorney generals
alleged ISLANDERS.
The court then granted the motion Of
plaintiffs counsel that the record bo
closed.
MIR Murray said the only publication
nycrrcd In the complaint was that copies
oi the Tima had been mailed 10 persons in
Scotland. This avcrmcnt, he contcndcd,
was Irrelevant The prosecution, lac fur
ihcr said, claimed night under the regis
lrntion net 10 certain funds which was
clear the act gave them no right To-.
The Judge decided 10 send the ease 10
procedure roll for decision on the yari.
OTIS points submitted.
The limo record maintains the whole
Of nR charges Il alleges That the action "
| an attempt ON Mr. rurncWs pait to avoid
q full inquiry by the Parncll commission
and To limit the issue ol the commissions
| work Ia the sole question OF the genuine
ncss Of three letters. The defendants 10
| not rely upoH the Letters Tor proof Of their
statements. which are equally true even II
the letters we've not signed ~ pufpoHcd.
On the day before the summons In this
ease was issued the prosecution secured
the issuance from the Court oi Queens
bench Of u writ In an action for libel for
Gj,OO0. A that action Is pending other
proceedings with respect 10 the same mat
lcr ARE by English law barred. The publ.
cation OF the ntlomoy.gcncrals state.
mcnt In the O'DOnncll action aud fair
report oi the proceedings were privileged
los English law. therefore no action can
lie. The Tuna articles were fair com
mcnt. therefore the defendants should bc
acquitted. Tho prosecutions statements
arr declared Ia lie Irrelevant and INSULT.
cent 10 support an action.