Page:The Green Bag (1889–1914), Volume 06.pdf/399

an immediate outcry on the Liberal and the mode of procedure; if they had taken Nationalist sides of political life, that as it royal commissions of inquiry as their guidet was obvious that the truth of the " Times " it would have been neccessary for the com case could not be investigated in the missioners themselves to have found the O'Donnell action, the Attorney - General witnesses to be called, and to have employed ought not to have entered upon this line agents to take their " proofs." Instead of of defense at all. The answer, however, doing this, however, they determined that is that it was not obvious that the truth the inquiry should be conducted as though or falsehood of the " Times " case could an issue had been directed to decide whether, or not the persons not go to the jury; charged had been and it is difficult to guilty of the acts al resist the Attorneyleged against them. General's assertion This was settled at later on, in the House a preliminary meetof Commons, that ingof the commission he was both entitled on the 17th of Sep and bound to put tember, 1888; and the whole of his the " Times," after a client's case before gallant struggle by them. its junior counsel, After the trial of Mr.William Graham, O'Donnell v. Walter, was ordered to give a motion was made "particulars" of the in Parliament that a committee of the allegations on which House of Commons it relied; substantial should be appointed ly, the charges were to inquire whether as follows : — the letter of 15th I. That the respon, dents were members of May, 1882, was a a conspiracy and organ forgery. This was re ization having for its jected, but an inquiry ultimate object to estab MR. JUSTICE DAV. of a more general lish the absolute inde character was insti pendence of Ireland. II. That one of the immediate objects of their con tuted by the " Special Commission Act, spiracy was by a system of coercion and intimidation 1888." to promote an agrarian agitation against the payment Mr. James, afterwards Lord Hannen, Mr. of agricultural rents, for the purpose of impoverishing Justice Day, and Mr. Justice, now Lord and expelling from the country the Irish landlords, who were styled the "English garrison." Justice A. L. Smith, were appointed com III. That when on certain occasions they thought missioners. Mr. Henry Hardinge Cunning it politic to denounce, and did denounce, certain ham, a barrister of considerable scientific crimes in public, they afterwards led their supporters attainments, was nominated secretary; and to believe such denunciation was not sincere. IV. That they disseminated the " Irish World v and Mr. Justice Hannen's court — Probate, Di other newspapers, tending to incite to sedition and vorce, and Admiralty, division No. 1 — was the commission of other crime. fitted up as the tribunal for the holding of V. That they, by their speeches and by payments "the great inquest." The first difficulty with for that purpose, incited persons to the commission which the judge had to contend was as to of crime, including murder.