The Ashburton Gurardian. Magna est Veritas et Prævalebit. TUESDAY, APRIL 24, 1888. IRISH APPEALS.
We confess that we thought " some one had blundered " or that some telegraphist had been perpetrating a practical joke when we read the M.S. of the telegram forwarded to us on Saturday and published under the heading, Irish Appeals. Therein we were informed that Mr Blanc, M.P., holding that he had been improperly condemned to a term of six months imprisonment, appealed against the sentence and that the result was not merely the confirmation of the judgment of the Court below, but a doubling of the term of imprisonment. Father Macfadden had also, it was said, appealed with precisely similar results ; so that both appellants had clearly experienced the fate of those who jump out |of tha frying-pan into the fire. As we have already said we thought when we read this, that there must be a mistake somewhere, bnt by further telegrams since received it is evident that this was not so but that the news as telegraphed is quite correct, for later information adds that, "four boycotters who appealed against the term of imprisonment to which they had been sentenced," have also " had the term" doubled," and that the members of the Irish National League are greatly incensed thereat. .Really we do not wonder at this last statement, for it certainly does appear to us that the mode of deciding appeals m Ireland is so entirely at variance with what obtains m the sister kingdoms that we cannot help thinking that Irishmen have just cause to complain of so exceptional treatment. Appeals m criminal cases m England can only be made upon points of law and not upon the merits, it is true and, therefore, the justice or otherwise of the amount of punishment awarded does not come under review, but it would seem that m cases of breach of the Crimes Act m Ireland the appeal may be upon the merits as well as upon points of law, and it n,ay bo argued that if the merits are to be considered then if m the opinion of the Appeal Court the sentence is insufficient it ought to be capable of being increased, equally with the power to reduce it if it be deemed excessive or unduly severe. But as no parallel that we are aware of can be found m any other part of the Empire for such a revisory power, it certainly seems an invidious thing that m Ireland only it should be capable of being exercised, and we think that it would be far better that the powers of the Appeal Court should not extend beyond the right to confirm the decision of the Court below, or to vary it m the direction of reducing and not m that of increasing the penalty inflicted. To give a right of appeal with the risk of the Appeal Court chastising with scorpions when the Court below has only chastised with whips, is to confer an exceedingly doubtful privilege, and looks uncommonly like a real injustice to Ireland.
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Ashburton Guardian, Volume VII, Issue 1823, 24 April 1888, Page 2
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514The Ashburton Gurardian. Magna est Veritas et Prævalebit. TUESDAY, APRIL 24, 1888. IRISH APPEALS. Ashburton Guardian, Volume VII, Issue 1823, 24 April 1888, Page 2
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