Wichita eagle., 1888-04-25

LONDON, April 24-The creditors of Col
onel Mapleson, the operate manager, held
a meeting today and accepted an offer of
$500 in settlement of all his debts.
In the house of commons today Mr. JUS
tin Mccarthy moved that the house ad-
journ 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 ar
gued that the whole practice was opposed
to all previous experience. If it was de-
sired that IL future appeals should be re-
garded as game of doubt or quits
let the house of commons and the
people say so. He asked the house
to signify its objection to this new prin-
ciple of appeal which closed the gates of
mercy and opened the gates of wanton and
despotic action. Hear, hearl.
MIR. Madden, solicitor general for Ire
land, said the particular appeal granted
under the petty sessions act was embodied
in the act of 1897 1t was not an appeal
but really hearing 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 evil
dence warranted.
Mr.. Shaw-Lefevere said that not a
single case of an increase in sentence had
occurred 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
We're unused powers within the law. They
were rusty weapons of brutal tyanny. The
employmrnt 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
10 make the people afraid of appealing.
With that view what could be easier than
TO introduce Il new feature in criminal
procedure TO deter men from appealing
by the fear of increased sentences? After
this lrishmen could not and ought not to
have the confidence of the administration
of the law because it was not carried out
in manner repugnant TO Englishmen
(cheers).
Mr.. Balfour said that the previous
speaker more than insinuated that the
Judges have derived inspiration from the
Dublin castle loud Parnellte shouts of
hear, hear }. it was a foul libel ooh,
Oh'0 upon an honorable and independent
body of men who competently fulfilled
their duties. He denied that the appeal of
the judges powers were rusty or antiuuat-
ed. There were legal by a statute not
elevens years old in England. He accused
Sir William Vernon Harcourt of attempt
ing to act as a court of appeal from the
judges decision without knowledge of the
facts, He asked the house TO reject the
motion.
The motion was defeated, 219 to 165
Nh Gladstone followed Mr.. Balfour
lie said that while it was unadviSable that
parliament occupy itself with the doings
with the court of justice in an adverse
sense, il was seen the proceedings of the
courts were not conducted i'll a spirit of
justice, that parliament exercise It's high
est powers as the grand inquest OF the ma
ton. The point they had to argue was,
when no Instance of an increase Of sen
fences could be produced in England. were
they prepared, while boasting of their in
tention TO treat the Irish on footing
OF equality. to Introduce this
wholly new feature into Ire
land. Mr.. Madden had suggested that
there might have been new evidence. but
ii there had been new evidence Mr. Mad
den would have been appraised OF the fact
loud cheers.) The suggestion was an
empty preteNt. The fact that an appeal
had been granted showed that il was in
tended 10 be exercised in favor of the ac-
cused, not against him. He tainted Mr.
Balfour with a breach of faith in granting
the right OF appeal and then practically
putting veto or It.
Ny. Balfour appealed to the speaker to
declare Mr.. Gladstone out of order.