The Gazette 1915-16

The Gazette of the Incorporated Law Society of Ireland.

48

expressed at the last meeting on the subject, and he was still strongly of the opinion, and impressed with his experience in practice, that that Act should be extended to Ireland. No words of his could possibly bring before the meeting the beneficial effect of that Act if brought into operation in this Country. Their northern brethren and their southren brethren had expressed their views in favour of his contention ; but the Council .in its wisdom—he expected a majority—held a contra view. From inquiries he had made among the profession the view was held that this was a most beneficial measure, and ought to be in operation in this County ; and he suggested to the meeting the propriety of having the Act adopted and brought into operation in Ireland. He regretted extremely the absence from the Council that day of his true and esteemed friend, Mr. Gerald Byrne, who was a man of vast experience in criminal work. Mr. Byrne, however, held a different view fro'm his with regard to this measure ; and, having regard to Mr. Byrne's experience, he would be much inclined to fall into line with his views, if he had not convinced himself from practical experience of the benefits of the measure. Mr. Byrne's experience, however, had been somewhat different from his, for he had found that on every occasion under any of the Statutes which enabled defendants or persons accused to give evidence in their own defence, in 99 out of every 100 of these cases there had been acquittals. He found the same thing occurring in the Coroner's Courts where men accused of committing a crime went before a jury and gave their story, he found that those juries brought in a verdict acquitting the defendants of the offence alleged against them. The Act did not make the accused a compellable witness ; and there could be no comment from the prosecutor or anybody else if the man accused did not go into the box ; on the very contrary there was a prohibition against commenting upon his not going into the box. He knew that the views existing amongst the lay public were altogether in favour of allowing an accused person to give evidence in his own defence ; and from that point of view he would suggest t lat the resolution which he proposed at the last meeting should be adopted there that day. As regards the question of fixing costs, he hoped his colleagues would take to heart the views of the President of the Society in this

them young and some of them personal friends, but he took it that in this business it was the best that always went first. SIR WILLIAM FRY, speaking in support of the adoption of the Report said it was a record of honest work done by their representatives on the Council who were entitled to every credit for having transacted so much business on behalf of the profession in a year, during which it had been very difficult to transact any business, owing to the way in which their minds were affected by the War which over shadowed the Empire. It was a Report with which the rank and file of the profession should associate themselves to the full—expecially in the expressions of sympathy and regret which had fallen from the chair for those mem bers who had lost their lives in the struggle. They had set a noble example to others. It was a grand thing to say that the profession had not been found wanting in responding to the call of their King and Country. When the call to the colours was made the Irish Solicitors were not found wanting, for no less than 70 of their members and 59 apprentices had joined the Army, and all honour to them for the step which they had taken. The stay- at-homes, including those who were too old to go, could only raise their hats to those brave men, and extend their sympathy to those who had lost their immediate relations, especially to their good friend Mr. Brady. Mr. JAMES BRADY said that he desired to thank the meeting and the members of the Council for the kindly sympathy which they had extended to him with regard to the death of both of his sons. He had one satisfaction with regard to those deaths ; and that was, that they died in the furtherance of a cause which he had and which every true Irishman should have deeply at heart. That was a satisfaction to him notwithstanding all the trouble that those deaths had brought upon h;m ; and he only hoped and trusted that the sons of many more of his fellow-Irishmen would assist the Empire in bringing to a successful conclusion the present War. With reference to the Criminal Evi dence Act question, which he was instru mental in first bringing before the Council, that stood adjourned from the May meeting until the present one for consideration. He had not changed a single view which he