The Gazette 1914-15

The Gazette of the Incorporated Law Society of Ireland.

DECEMBER, 1914]

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.