HC Deb 27 June 1884 vol 289 cc1552-3
VISCOUNT CRICHTON

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the Judgments delivered in the Court of Common Pleas in Dublin, on Thursday, 19th June, on the application for a new trial in the case of "Frith v. Trimble," on which occasion Mr. Justice Harrison is reported in The Freeman's Journal of Friday, 20th June, to have said, in delivering his Judgment:— The extraordinary evidence given by the resident magistrate, Captain M'Ternan, might have influenced the jury. He could conceive nothing more startling than that evidence. He said, on cross-examination, that the plaintiff was not straight, and acted corruptly and partially, and that his conduct was a pollution of the judgment seat. That evidence was in his (Mr. Justice Harrison's) opinion simply astounding. And Chief Justice Morris is reported in the same paper to have said— He entirely agreed with Judge Harrison that, if he had been trying the case, he would have strongly advised the jury not to be in the least influenced by the evidence of Captain M'Ternan. That gentleman, to say the least of it, appeared to have had an arrogant opinion of himself. He divided his brother magistrates into knaves and fools; to one of them, Captain Collum, perhaps because he was a military man like himself, he gave the alternative of being either a knave or a fool (laughter). He thought his evidence most extravagant and indecent. whether he is aware that Lord Chief Justice May, in his charge to the jury on the occasion of the first trial, commented upon Captain M'Ternan's evidence in similar terms; whether the Rev. J. B. Frith and the other magistrates referred to in Captain M'Ternan's evidence have asked for an inquiry into the charges brought against them; and, whether the Lord Chancellor will grant such an inquiry?

MR. TREVELYAN

The isolated passages from the Judgments of Chief Justice Morris and Mr. Justice Harrison, to which the Question refers, appear to be correctly quoted. But the Chief Justice agreed in the result of the Judgment of Mr. Justice Murphy, in whose Judgment no comment on Captain M'Ternan's evidence appears. I am aware that Chief Justice May, in his Charge, commented upon Captain M'Ternan's evidence; but the jury did not adopt his view. No such inquiry as is asked will be granted to review the decision of a Court and jury.

VISCOUNT CRICHTON

My Question related to the charge against the magistrate, and not the case of the Rev. Mr. Frith.