The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-04-25
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RULING ERIN BY TERROR.
INCREASING SENTENCES ON AP-
PEAL SUSTAINED.

NOOS-NolI IldTCOurb OenOunCSS Cu6
Practice.
LONDON, April a. In the House of Com
mons 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
1t was desired that in the future appeals
should be regarded as a game of double or
quits, let the House of Commons and peo-
pie 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 wauton and despotic action.
['Hear, hear."l
Mr.. Holmes said the particular appeal
granted under the petty sessions act was
embodied in the act of 1887. 1t was not an
appeal but really rehearing of the ase,
and 1t was the duty of the Judge, regard
less OF The decision of the court below, to
pronounce the Judgment that he considered
the evidence warranted.
NOT EXERCISED IN ENGLAND.
Mr.. Shaw-Lefevre said that not single
in England. He did not deny that the court
possessed the power, but that power had
never been exercised. Appeals were given
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 ferocious powers
whether within the law or not, against the
people, was unconstitutional. [Cheers
He could easily conceive that it would be
convenient for the government to make the
people afraid of appealing. With that
view, what could be easier than to intro
duce a new feature in criminal procedure
to deter men from appealing by fear Of in
creased sentences.
SHOOK CONFIDENCE.
After this, Irashmen could not and ought
not to have conf lence in the administra-
ton Of the law, because it was carried out
in manner repugnant to Englishmen.
Mr.. Balfour said that the previous speaker
more than insinuated that tue judges had
derived inspiration from Dublin Castle.
Loud Parnellite shouts of Hear! hear m
1t was a foul libel [''Ohl OhF1 upon an
honorable and independent body of men
who competently fulfilled their duties. He
de lied that appeal judges powers were
statute not eleven years old in England
He accused Sir William Vernon Harcourt
of attempting to act as a court of appeal
from the judges decisions without knowl-
edge Of the facts. He asked the House to
reject the motion. The motion was de-
feated by vote of 2l9 to 165.
GLADsToNE's LOGIC.
Mr.. Gladstone followed Mr. Balfour. He
said that while it was inadvisable that Par
Lament occupy itself with the doihgs of
courts Of justice in an adverse sense, it was
necessary, when the proceedings Of courts
were not conducted in spirit Of justice,
that Parliament exercise its highest po vers
as the grand inquest of the nation.
Apart from the legal aspect of tho
case, the point they had 10 argue was
this: When no instance Of an increase of
sentence could be produced in England
were they prepared while boasting of their
intention to treat the Irish on a footing of
equality, 10 introduce this wholly new fea-
ture into lrelands The government had
suggested that there might have been new
evidence; but il there had been new evil
dence, Mr. Madden would have been
apprised of the fact. loud cheers,I
AN EMPTY PRETExT.
The suggestion was an empty pretext.
The fact that an appeal mad been granted
showed that it was intended to be exercised
in favor of the accused, not against him.
He taunted Mr.. Balfour with breach of
faith in granting the right of appeal and
then practically putting veto on it, Mr..
Balfour appealed TO the Speaker to declare
Mr. Gladstone out of order. The Speaker,
however, ruled in Mr.. Gladstone's favor.
and his decision was the signal for loud and
longicontinued Irish cheers.
Mr. Gladstone, continuing, said that it
was trick of the meanest kind, the dis
credit for which he would not divide be-
tween the government and the authorities
in Ireland, for he did not know how to di-
vide it, Opposition cheers andConservative
shouts of "Oh, oh."l
DEATH BLOW.
He believed by this discussion that Mr..
Mccarthy had struck death blow at this
probably legal but outrageous practice
which had bsen pursued in defiance OF the
principle, of policy and of 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 to tolerate
it.
ON THE HORNS OF A DILEMMA.
Attorney General Webster Indignantly
repudiated Mr.. Gladsto e's insnuations,
and charged Sir Trevelyan, when Chief
Secretary for Ireland, with allowing cumu-
ter Of the Parnsllites, he warmly denied
that the government had interfered with
the Irish magistracy, a d be quoted from
Mr.. Balfour's speech at Birmingham to the
same effect. There was running fire OF
cheers md counter-cheers while he com
planned Of being impaled upon the borns OF
a dilemma through Mr.. Gladstone refrain-
In from making straightforward charge
that the government was influencing the
Irish courts.
GLADSTONE DENIES II.
Mr.. Gladstone admitted that If such cases
had occurred under his government, the
opposition bad no right TO attack the pres
ent government, but he believed that no
such cases had occurred.
Sir G. o. Tfevelyan complained of the
nt tacks that had been made upon himself
and Earl Spencer. He compared the largo
reduction in crime in Ireland under their
government with the small reduction under
the government of Mr. Balfour. They had
imprisoned one member OF Parliament,
while Mr.. Balfour had imprisoned six. The
government had adduced only one instance
of an increase Of sentence under the Lib.
erals.
In the Waterford County Court to-day
the appeal case Of Mr. Pine, NJ. p, sen.
fenced at Clonmel TO six weeks imprison-
ment for offenses under the crimes act, the
conviction Of Mr.. Pine was declared TO be
contrary TO the law, and it was quashed.