The Sun. — 1856-02-14 (London, England)

IRELAND.  DUBLIN, WEDNESDAY MORNING. THE IRISH JUDICIAL BENCH.  The Evening ,Fost has the following remarks apropos to tho mo tion of Sir J. Shelley in reference to the state of the Irish judicial bench. Referring to the case of the venerable Baron Pennefather, whose great mental faculties are as unimpaired and vigorous as they wei 13 a quarter of a century ago, the Post maintains th,Nt his defective vision—especially as regards the trial of criminal cases—is a disqualification so posilVve that it cannot be got over :  "As au illustrative case, we may refer to a remarkable circumstance on the tri'al of Kirwan for the murder of his wife at Ireland's-eye. The Jury, after they had been some time in deliberatiot returned into court and sought an explabation of a pas; rage in the evidence. Mr. Justice Crampton, one of the presiding judges, told them he had left his notes at born e, but, as he had a perfect recollection of the matter, he ' would state it from memory. And the learned judge did so. The memorial on behalf of Kirwan referred to this proceeding on the part of the judge, which was str engly objected to, ea the ground that his notes were produced, and the irregularity was relied u,aon as the chief whose point in favour of the criminal, 'entence TansportatNot actually subsequently was commuted from death to t ion for life. It is clear that Baron Pennef, ether, from the loss of sight, could take no notes in a criminal or any other case, and, as such a duty xiuld not be delegated, blindnesS necessarily involves eonaplete disqualification for the discharge of judicial fui ‘ctions, no matter how elear, and vigorous may be the fa in other respects. It is a singular coincidence tha t the two oldest judges in Ireland or any other part of the gl "'bet Baron Pennefather-and•Mr. Justice Torrene, are to be the judges of assize at the approaching North-West Ci. cuit—the former being in his 85th, and the latter in his 84th year. Chief Justice Lefroy is the junior of both, being in his 82d year. Mr. Justice Crampton is younger, but only by a very few years, as he was, we believe, a Fellow of Trinity College when the foundation-stone off' Nelson's Pillar v.as laid, and the Bank of Ireland was opened in College-green. We need scarcely say that we have no desire to ntter a word reflecting in the least dsgree on any one of those learned judges. Some time since, as we have already mentioned, when strictures of the same kind were uttered by a portion of the press, we deprecated such conduct, urging that functionaries like Baron Pennefather, who had spent a long life most usefully in the public service, were entitled to forbearance, even when they somewhat exceeded all reasonable limits in their accustomed vocation. -We cannot, however, help admitting that, since we addressed that remonstrance to our contemporaries, time has been running his source, and we are no longer in a position to assert that men who have axoeeded by 20 years the grand climacteric are competent to discharge the onerous, delicate, and deeply responsible duties of judges, not alone affecting the property, but the liberties and the lives of the Queen's subjects.