THE MEAGHER CASE.

Taranaki Daily News, Volume LV, Issue 137, 28 October 1912, Page 7

THE MEAGHER CASE.

ITS HISTORY. With the rejection of the Meagher Reinstatement Bill by the New South Wales Legislative Council, the hopes of Mr. R, D. Meagher for re-a(lmissio» to the Bar have again vanished. His has been a strange career. Having passed his examinations very creditably, lie entered into partnership with Mr. W. P. Crick. Crick and Meagher were the leading attorneys who dealt with criminal matters in the Courts of New South Wales. Then there came the great "Dean" case —one of the most sensational tragedies that has occurred in Australian history—and Meagher was involved in the matter in a peculiar fashion. He was engaged in the ordinary way as counsel for the accused—George Dean, who was charged with having attempted to murder his wife by means of poison.. The jury having found a verdict of! "guilty." the prisoner Dean was sentenced to death. There were many doubtful questions raised in regard to the | prisoner's guilt or otherwise, "and eventually a Royal Commission was appointed, which, after virtually re-hearing the case, ■ practically reversed the finding of the 1 Supreme Court in its criminal jurisdiction. - George Dean was released-,. He resumed his former employment as master of a ferry steamer running the night trips from Circular Quay (Sydney) to the North Shore, and continued to do so for probably a couple of months. A Parliamentary.election occurred, and Mr. Meagher contested the Philip Division. A writer in the Sydney Daily Telegraph wrote Mr. Meagher's candidature down in unmeasured terms, and pointed out ( that .Mr. Meagher had, through his un- j skilful conduct of the defence of Dean, ] .put-the colony to serious expense. When that statement was. published, Mr. Meagher seut.a copy of it to Mr. C. E. Pilcher, Q.G. (who.had appeared before the Royal Commission for Dean). Mr. Pilcher happened to be out of town. Mr. Meagher's messenger was then tokl to take excerpts from the newspaper to •Sir Julian' Salomons (who was the leading counsel for the Crown before the Royal Commission). Sir Julian was asked Vv Mr. Meagher whether the Daily Telegraph's statement was not actionable. Sir Julian said that an action would lie, but advised that it was hardly woi'th while to proceed with it. Mr. Meagher, wanted to know why, and in pursuance of his argument to Sir Julian sail! that lie had put the colony to no expense in freeing an innocent man, but he- had succeeded in securing the libera-; • tion jof ,-a' "guilty" man. At this Sir Julian pricked up his «ars, and made some further-enquiries, which resulted in .'a statement by Mr. Meagher that he had interviewed: George Dean when he was lying in the condemned cell, and that I Dean had confessed to him that he had attempted, to poison his wife. Dean ■Was re-arrested, and sentenced to a long term' of'imprisonment, this time on a 'charge-of-perjury. ■ For defending Dean •before the Commission, knowing him to be. '-guilty, Mr. Meagher was struck off the roll of solicitors of the Supreme Court.- He has frequently applied for reinstatement, but the Supreme Court has always refused its consent, and the 'Lfcbor. Government- therefore promoted the-"Bill which'has just been rejected. —Manawat'U'; Standard.

DECLARATION OF 1895. ■:! The following is the text of the declaration .of-'Mr.,--Meagher, which was read in- the Legislative Assembly on October 8, 1895, by the late W.. P. Crick, in personal'" explanation regarding the Dean 'ease, and is interesting in view of the ' fAfct-' that .the Bill to reinstate Mr. Meagher has just been rejected by the Legislative

I, Richard Denis Meagher, of 180 Phillip" strei't; "Sydney, : in 'the colony of New South' Wales', 1 solicitor, do solemnly and sincere]f declare— ■ ~, i ,'hm..'(fetermined to endure mental torture no'' Idnger, nor to stifle the yoic'e'Vf-'truth-. ' , iß'eihg ; of ! fepinldn\that Dean was not guilty,, and ftirf jiis'tfral was an unfair ..pn.e,, ,1 decided'';to. use my utmost endeavors to secure.' his release.

, i I..became aware", after .his conviction, while i(i .the.i condemned cell, of his guijt;r a,nd Qoming from Darlinghurst in the tram J -was.torn asunder as to whether I should, -upset -the verdict or let things remain - as they were.

I knew.the man.who had been my best friend -in -life, Mr. Crick, would never aid in Parliament-or otherwise a movement for -the re-opening of the case if he knew Dean was' guilty. I concealed, the. terrible fact from him, and everyone else, including Mr. Pilcher and the members of the Defence Committee, and as there is a "destiny which shapes our ends, rough hew them how he will," Sir Julian Salomons did become from me the repository of the secret which is substantially given-by him in his statement read in the Legislative Council.

I. regret that he did my partner an injunstice in .referring to his knowledge on the ' 'l' .did'. some time after Dean's release, and after I had spoken to Sir Julian, Salomons, deny to Mr. Crick that.tli.ere was any foundation for rumors ho refejred, t° in connection with the alleged--confession, which I now in pain and.sorrow : make t,o the public.

.. I -lia.ve contradicted. Sir Julian Salomons in the Legislative Assembly, as I deluded myself that in. loyalty to Dean on- a breach ; pf confidence I was justified in fighting with any, weapon. -When I found my error of judgment had forced me into falsehood to cover up my indiscretion and to shield Dean I was prepared for the sacrifice; but when I found that my actitm was to engulf innocejit people and place them in a felon's dock, as I see by the papers this morning, other "prominent men to be arrested,"! determined that unless I extricated the innocent I would be guilty of flagrant moral cowardice.

And although I have committed a great error of judgment, which, in its terrible consequences has almost unhinged my intellect and brought dire tribulation on those dear to me, I still have a sense of justice, and only wish I eonld put back the universe again to the ilav I made my first error. I find, in view of the arrest of an innocent person, I can no longer keep this terrible silence.

T am young —my judgment is still clear, and I now have a serenity of conscience T have not had for months that I am doing the right thing. This awful lesson of my life I will endeavor to atone for in another climc.

My resignation of my seat in Parliament accompanies this declaration, and I am deeply sensible of the injury I have done to the indulgence and hospitality shown to me in public and private life in my native land.

T trust, with my young life —yet under 30 years of age—l may in some other portion of the globe lead the life of truth and use by humble faculties in the small sphere. I shall move in for the promotion of the happiness and winning the esteem of those I come in contact with in a strange country, and that in tinland I love my acts may in days to come be forgiven and forgotten.