The Pall Mall Gazette of Thursday demands, in an article
of singular strength, that Dr. Kenealy shall be tried by the Benchers- for the offences imputed to him by the Bench and jury engaged in the trial of the Tichborne case. The argument, which seems quite perfect, is that the more necessity the Bar feels for entire freedom from control in its action against -witnesses, the more stringently must it visit any attempt to abuse that freedom, lest it should be swept away as a public nuisance.' There must, of course, be a prima facie case, but this is 'furnished by the stern language of the Bench, and the' very unusual opinion appended. to their verdict by the jury. The difficulty seems to be that the Bar, if they acquit Dr. Kenealy, would pass a vote of cen- sure on the Bench, a real difficulty, which suggests that they ought to be deprived of their quasi-judicial power. No body of men need greater control, and it might well be transferred from the profession to the new Appellate Court, which hears no. witnesses.
Previous page
