THE MARQUESS OF CLANRICARDEbrought under their Lordships' consideration the petition of William M'Dermott, Esq., praying that the hearing of the articles of charge against him may be postponed. (Presented to the House yesterday.)
THE EARL OF DONOUGHMOREsaid, that he had no disposition to throw any obstacle in the way of Mr. M'Dermott's defence, but he did not think that any grounds for delay were stated in the petition. Mr. M'Dermott alleged that the notice which he had received of their Lordships' proceedings in reference to his case was very short; but the fact was, that the gentleman had received a virtual notice of these proceedings as far back as February. The petition stated that Mr. M'Dermott had to preside at the Derry 2097 Quarter Sessions on the 22nd inst.; but he (the Earl of Donoughmore) would put it to their Lordships whether a gentleman against whom so grave a charge was pending ought to preside as a Judge in a court of justice. The petition also prayed that such witnesses as Mr. M'Dermott might summon should be paid their expenses. He (the Earl of Donoughmore) had, through a right hon. Friend of his in the other House, intimated to Mr. M'Dermott that their Lordships would compel the attendance of all whom he might require to appear; but he had refused to give any pledge that their expenses would be paid by that House. He thought that their Lordships should refuse to comply with the prayer of the petition.
LORD CAMPBELLwished to give this gentleman an opportunity of stating his case, but he did not think that his petition made out a case for a postponement. The gentleman ought to be eager to meet the charge, and ought not to sit as a Judge pending the proceedings in their Lordships' House.
THE MARQUESS OF CLANRICARDEsaid, that Mr. M'Dermott was to be presumed innocent till his guilt was proved. He (the Marquess of Clanricarde) agreed that he ought not to sit on the bench till this case was disposed of; but he did not think that there was sufficient time allowed to him to get up his defence and arrange an array of witnesses. He (the Marquess of Clanricarde) was not pronouncing any opinion on the merits of the case; but as it was only that day that the amended articles of accusation had been laid before their Lordships, and as the witnesses lived in a very remote part of the kingdom, lie thought the application for a postponement was not unreasonable.
LORD CAMPBELLsaid, that when the charge had been heard, if the accused asked for time to prepare his defence, it would be given as a matter of course.
THE LORD CHANCELLORsaid, that this gentleman ought to have ample opportunity to meet the charges brought against him; he thought, however, that the observations made by the Lord Chief Justice met the justice of the case. If Mr. M'Dermott appeared at their Lordships' bar on the day named, he would hear the charges against him and the witnesses adduced in support of them. And then, if he was still unprepared to meet those 2098 charges, their Lordships would give him ample time to prepare his defence and to have his witnesses in attendance. Under these circumstances there could be no reason for postponing the commencement of this inquiry.
§ LORD CRANWORTHsaid, the course now about to be taken was in conformity with a somewhat analogous case, namely, the Bill of Pains and Penalties preferred against Queen Caroline. The charges were in that case made, and time was afterwards given to meet them.
LORD BROUGHAMhoped infinitely better cases than that of Queen Caroline would be relied on. No one could look back upon those proceedings without feeling that something approaching, if not to remorse, at least to shame, attached to them.
§ No order made thereon.
§ House adjourned at a quarter to Seven o'clock, to Thursday next, half-past Ten o'clock.