The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-04-25
THE HOUSE OF COMMONS
A HEATED DEBATE ON THE JUDICIAL
SYSTEM OF IRELAND. ~
Mr.. MCCARTHY Deals a Death Blow 4
the Ubiquitous Action of the Cour<
of Increased Sentences on Appeals
The Emperor.

LONDON, April 24.-In the House on
Commons today Mr.. Justin Mccarthy
moved that the House adjourn 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 ID 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. lie 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 des-
potic action. [Hear! hear!l
Mr.. Madden, solicitor-general for Ire
land, 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 case, and it
was the duty Of the Judge, regardless Of
the decision Of the court below, to pro-
nounce the judgment that he considered
the evidence warranted.
Mr.. Shaw-Lefevre said that not single
case of an increase in sentence had &C.
Cured in England. He did not deny that
the court possessed the power; but that the
power had never been exercised. Appeals
were given in the interests OF the prisoner,
not oil 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.
Cheersl lie could easily conceive thatit
would be convenient for the government
TO make the people afraid OF appealing.
With that view what could be easier than
10 introduce n new feature in criminal pro-
cedure TO determen from appealing by the
fear OF increased sentences? After this,
Irishmen could not, and ought not, to have
confidence in the administration OF the
law, because it was carried out in a man
ncr rcpugnant to Englishmen. [Cheers1.
Mr.. Ballour said that the previous
speaker more than insinuated that the
Judges had derived inspiration from Dub
lin castle. Loud Parnelite shouts of
'Hear, hear II was a foul libel "Oh.
OH upon an honorable and independent
bodyof men hocompetently fulfilled heir
duties. lie denied that the appeal judges
powers were rusty or antiquitated. They
were legal by statute not eleven years old
in England. lie accused Sir William Yer,
non Harcourt Of attempting TO act as n
court OF appeal from the judges decision
without knowledge OF the facts. lie asked
the House to reject the motion.
The motion was defeated by POI TO 26l.
Mr.. Gladstone followed Mr. Baliour.
lie said that while il was unadvisable that
Parliament occupy itself with the doings
OF the courts OF Justice in an adverse sense,
IL was necessary, when the proceedings Of
the courts were not conducted in a spirit
OF justice, that Parliament exercise its
highest powers as the grand inquest Of the
nation. Apart from the legal aspect OF
| the case, the point they had TO argue was
! this "Nhen no instance Of an increase Of
sentence could be produced in England,
were they prepared, while Boosting OF their
| intention 20 treat the Irish on n footing OF
| equality, 10 introduce this wholly new
| feature into Ireland? Mr.. Madden had
suggested that there might have been new
evidence, but II there had been new evil
dence Mr. Madden would have been APP
prised Of the fact Loud cheenl Tho
suggestion was an empty prctext Tho
| fact that an appeal was granted showed
that II was intended TO be exercised in
favor OF the accused, not against him. Mr..
| Gladstone, continuing said that Il was a
trick Of the moanest kind, the discredit
! for which ho would not divide between
the government aud the authorities id
Ireland, for he did not know how 10 divide
| IL. deposition cheers and conservative
shouts Of "0h, ohl'l He believed by thif
discussion that Mr.. Mccarthy had struck.
the death blow at this probably legal butt
outrageous practice, which had been pur-
sued in defiance Of the principles OF policy
and PRECEDENT practice which was to-
tally impossible in England and Scotland,
but was thought good enough for Ireland
as long as the people Of England were dis
posed TO tolerate IL.
Acknowledgement Webster Indignantly
repudiaied Mr. Gladsione's insinnaiions
and charged Mr.. Trcyelyan, when the sec
rotary for Ireland, with allowing cumu-
laiiye sentences. Amid the dcrisiye laugh-
ter Of the Parncllitos, he warmly denied
that the government had intercred with
the Irish magislracy, and he quoted iroua
| Mr.. Baliours speech nj birmingham "a
the same effect. There was arunning fire OF
cheers and counter cheers while lac COM
planned Of being impalcd upon the horns
Of dilemma through Mr.. Gladstone ~.
framing from making n straightforward
charge that the government was influence
ing the Irish courts.
Mr.. Gladstone admitted that II such
cases had occurred under his government.
the opposition had no right 10 attack Tic
present government, but he believed tha(
no such cases had occurred.
.Sir q. q. Trcyclyan complained OF Tic
attacks that had been made upon himself
and Earl Spencer. lie compared the large
reduction In crime In Ireland under theft
government with the small reduction un-
der the government OF Mr.. Balfour. They
had imprisoned one member Of Parliameut
while ilaliour had imprisoned six. The
government had abduced only ono in
stance Of an increase Of sentence under