The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-08-21
PARNELL'S SCOTCH SUIT.
THE COURT AND THE JUDaE-THE
REAL TECHNICALLY INVOLVED.
Even Though the Action be Dismissed
an Undoubted Moral Victory Will
Have Been Achieved by Mr.. Par
nell,
To the Editor OF The Appeal:


members OF the Irish party by the pro-
cedure and the issue OF ODonnel's action
against the Times is that justice to the
Irish party is not to be had through the
medium Of the London law courts. There
is no Toryism narrower or more intolerant
than the Toryism Of the English metropo-
lis. 1t lives under the shadow OF royalty
and state ofiicaldom. 1t is fostered by
constant presence and influence OF
aristocracy, and il is so self-complacent
that it never looks abroad for light. Lon
don, even in the midst of its fogs, needs
no light from the outside. A cockney be-
lieves that he can learn nothing from a
provincial; and hence, as a simple fact, po-
litical thought and feeling in London is
lower in tone and narrower in range than
in other portions Of the United Kingdom.
London mobs hooted Gladstone in the
streets, when he was the idol Of Scotland
Ireland, Wales and half OF England.
Without therefore, imputing intentional
Partially or conscious bias, the conduct
and the result Of the recent trial have
| suggested that, through the natural influ-
ence ofthe atmospherein which they "live
and move and have their being" London
| judges and jurymen do not constitute the
best tribunal for the determination OF
questions affecting the interests OF Irish
| politicians.
On the other hand, TO institute action in
Ireland, even though jurisdiction could be
established against the defenders in
that country, would Immediately raise
the cry that the Irish party had purposely
selected tribunal prepossessed in their
favor, and that the Times could scarcely
expect fair trial and an impartial verdict
from the hands and from the mouths Of
Irish judges and jurymen. The verdict
Of an Irish court In favor OF the Irish
party would never have carried with II the
requisite moral weight.
Hence the transfer OF this legal conflict
10 Scottish soil. The selection, by the adj
viscrs of Mr.. Parnell, of the supreme
court OF Scotland as tho forum for the
trial and determination OF his claims
against the Times Ia at once tribute TO tho
ability and impartiality of those courts,
and expression aud evidence OF the sincere
desire OF the Irish party for a rigidly fair,
impartial and exhaustive determination Of
the questions at issue.
Lord Kinnear, before whom the case has
been raised. Ia one OF the Lords 0rdi-
nary" OF the "0uter House" OF the Court
Of Sessions" the supreme court OF law in
| Scotland. The outer house consists OF
| five judges, called Lords Ordinary" who
| sit separately in different court halls, en-
tircly independent Of each other. They
have only primary jurisdiction; that is,
actions are raised and tried before them,
but, with few exceptions, their judg-
ments are not final, but appealable 10 the
Timer House." In suits for civil dam
ages, such as that raised by Mr. Parncll
against the Iimos, the case, after the pre-
liminary stages Of adjusting the pleadings
and the issues between the parties, Is tried
before the lord ordinary and jury. but
with the consent Of both parties, Il may bo
tried by the lord ordinary alone, sitting
as both Judge and jury. THIS latter course,
however, IA taken only in few and unim-
portant cases, because when case Is tried
before jury, either party may take ex-
cepiion' TO any portion of the judges
charge, which he may deem erroneous in
point Of law; and by lodging Chill Of ex-
captions" In the Inner House may, II his
exceptions are sustained, obtain a now
trial, while such right must DO waived
The inner house consists OF two diyis-
ions, each consisting Of seven judges, tho
| first division being presided over by tho
lord president and the second by the lord
Justice clerk. Each division sits quite
separately and independently Of the other.
They have only an "appellatc's jurisdic-
ton, that IL, they sit only upon cases ap.
pcalcd 10 them from the decisions of the
lords ordinary or from the judgments Of
inferior courts. In cases OF exceptional
importance or unusual difficulty, one d.
vision may call In the aid Of the other, In
which eases the whole fourteen Judges OF
the inner house sit ~ one court
In large proportion Of cases An ap-
/ peal may be taken irom the Judgment 81
either division to tho House OF Lords In
| London, which In the court Of last resort
| for the kingdom.
The building In which tho court Of sc,-
| sion sits h In the old Scottish Parliament
house IN which the Scottish Parliament
met before the union with England in
| l1O1, The hall In which the Parliament
| regularly mot IL now the common hall"
of the court. Its walls are covered from
iloor 10 ceiling with busts, statues and
paintings of jllustrious Scottish LAWYERS
aud statesmen. Here every day during
the Eitiings OF the court the advocates and
barristcrs are 10 bo found attircd in gown
and wig and white necktie, walking IN
aud down IN eager talk with one another
OF meeting the attorneys and clients whose
cases they have In charge.
Tho building IL situated In Parliament
square of High street, which, with ts con-
tinuaiion, the Canongato Is 'overy inch"
historic ground. At ono end Edinburgh
castle irOwns down from It's ominence of
rock upon "Grassmarkct," where martyrs
aud rciormcn suffered az tho stake. At
the other rs Hollywood palace the palace
OF the Scottish kings and queens, aud still
the abode OF royalty when II visits Scot
land In state. Directly in front OF the
court Is ST. Giles cathedral, from the pul.
ri Of which John Knox Illuminated
against popcry and prclacy. aud In tho
space between Il colossal equestrian
statue Of King Charles H.. aud ON the sur.
lace Of the roadway, a small brus tablet
with tho initials J. n, ioT "Joanncs
Knox" marking tho last resting place OF
Scoiland's CREATES, and best roiormcr aud
patriot Al the rear Of the court, grim,
stern. and aolid-looking yet, though -nme-
what marked by agc, Is the old 'Tolbooth,"
q prison, the ycritablo Heart Of Midlo-
THAN, in which tho crring Ellie Deans
lay under sentence Of death until released
through the heroic efforts OF her immortal
sister Jcanic. The court Ia literally encir.
clcd by the traditions aud memories OF all
that l. grandcsl and most inspiring In
Scottish history.
elected 10 try his case il Lord Kinncar, ono
Al A Il.