We cannot report the Tipperary prosecutions, and comment on them
before they close is contrary to a most wise rule. We may point out, however, that one object of defendants' counsel is obviously delay, probably in order to protract proceedings until Parliament meets, and the case is practically tried in the House of Commons. An application has been made to the Courts in Dublin to restrain the Resident Magistrate, Mr. Shannon, from continuing to act, on the ground that he was interested in the result. Mr. Justice Holmes, however, in a dignified judgment, held that the only plausible reason alleged for the application was that Mr. Shannon, on certain occasions when the police had dispersed public assemblies, had come into angry collision with some of the defendants, and had spoken roughly of their conduct. Mr. Shannon, however, had on those occasions been acting with the police as a Magistrate, and there was neither principle nor precedent for making such an occur- rence a ground of disqualification. The application was there- fore dismissed, with the approval, we should imagine, of all sane men. The principle suggested would disqualify any London Magistrate who had been " checked " by a defendant, and had angrily reproved him, from ever trying a charge against that defendant again. It would be much more reasonable to apply for the disqualification of all Magistrates in Ireland when the defendants were Home-rulers, because, as Magistrates, they must have a bias against the party of disorder. That would be true, at all events, though, as all Magistrates in this world have a slight bias against all suspects, it might have rather too extensive an application.
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