71 / 120
DECEMBER, 1914]
The Gazette of the Incorporated Law Society of Ireland.
61
was anxious to do everything in his power to
promote the welfare of the Legal Profession.
In this connection he told His Excellency
that a good many of these Solicitors felt very
keenly on this question of the appointments to
the Resident Magistracy, and that they were
absolutely disinterested inasmuch as they
could not take these appointments them-,
selves, and at a very early date, unless there
was a redress of the balance, they would find
it necessary to raise the question in the House
of Commons and have it discussed there.
MR. A. BRADLEY said that, arising out
of the remarks made with reference to legal
appointments, he would recount an incident
which happened the previous day.
Mr.
Shannon and he had occasion to attend at a
Petty Sessions in the County Dublin. They
travelled down with one of the magistrates
who complained that the Justices, at all
events in the Co. Dublin, were often called
on
to deal with difficult
legal questions
without assistance from any legal gentlemen,
showing the want, as Mr. Brady stated, of
some one to advise the magistrates when
questions of legal importance come before
them, and without which assistance
the
magistrates sometimes found great difficulty
in deciding what to do.
So it was not
altogether a question for the profession and
the Solicitors themselves, but actually one for
the magistrates as well, who consider they
should have the assistance of legal gentlemen,
as was instanced in that case which came
under his notice.
MR. GERALD BYRNE.—It is a question,
too, for the public themselves. The public
has a right to have their cases decided before
a legal tribunal.
The motion for the adoption of the Report
was carried unanimously.
MR. JAMES BRADY moved :—" That in
the opinion of this Society the following
English Statutes should be extended
to
Ireland, viz. :
The Criminal Evidence Act,
,1898 (61 & 62, Vie., c. 36), The Criminal
Appeal Act, 1907 (7 Eclw. 7, c. 23)." He
said he congratulated the Council on the
admirable Report placed before the meeting,
and the excellent statements made by the
President and Mr. Brady with regard to it.
He held a strong view with regard to both
Acts mentioned in his motion, for he believed
a Criminal Court of Appeal in Ireland was
essential, and any man charged with any
offence, no matter what its nature, should be
permitted to be examined in his own defence.
The law as carried out in England, so far as
he could ascertain, was working very well;
and his experience was that nothing could
beat the laws of England provided they were
properly administered.
It was the adminis
tration of the law which compelled people to
complain, and it was with the administration
of the laws in Ireland that fault was to be
found.
If a statute of
this nature was
beneficial for the public interest in England
it was equally beneficial for the public interest
in Ireland.
It was his experience that where
a person was examined in his own defence
and interest it had proved a benefit. Under
the Act as it stood a man could not be
compelled to go into the witness box ;
he
need not go there unless he desired to go
there himself, and if he did not go those
prosecuting him could not comment on- his
non-appearance there.
It was a matter
entirely for the man or woman charged, and
for their adviser to guide and direct the course
of the defence. It was a very strange position
that if a man was charged with being drunk
he could be examined in his own defence,
while if charged with grave misdemeanour or
in cases of that nature he could not say a
word in his own defence.
If charged with a
criminal assault a man's mouth was shut;
and how often did they hear protests of that
kind in Courts of Justice ? Why should they
not make an honest effort to prevent them
selves making hypocritical observations as to
the mouths of the prisoners who were their
clients being shut, so that they could not
give evidence in their own defence ?
He
was delighted to hear Mr. Brady speak about
a legal reform committee, and if his motion
were passed it would be a good idea to send
it for consideration to that committee where
the matter could be fully investigated.
THE PRESIDENT
suggested
to Mr.
Brady that the question raised by his notice
of motion should be submitted to a Com
mittee of the Council for consideration, and
have a report for the next General Meeting
of the Society. The Society could then form
its own opinion upon it.