ANGLO-CELT - May 24, 1853 ------------------------------------------- COURT OF QUEEN'S BENCH -- TUESDAY, MAY 24. The Queen v. Zachariah Wallace, Proprietor and Editor of the Anglo-Celt. (From Saunders's News-Letter) Mr. FITZGIBBON, Q.C., applied on the part of the traverser, who had been sentenced to six months' imprisonment in the gaol of Cavan, for a libel on the officers and soldiers of the 31st Regiment, having reference to the Six-mile Bridge affair, that the prison regulations might be modified in his favour, so as to allow his wife access to him on more than three days in the week, and also that his servants and others in his employment should be admitted. Mr. Wallace was the editor of the Anglo-Celt newspaper, and it became absolutely necessary to the management of his paper that those in his employment should have opportunities for seeing him, and taking his instructions. Judge Crampton -- Is there an instance of such an application as the present. Mr. Fitzgibbon -- Yes; in the case of Mr. Carlwell?(Cardwell?), who was sentenced to two years' imprisonment in the Richmond Penitentiary, I obtained an order that the clerks of that gentleman, who was an attorney, should be permitted to assist him every day in order to the carrying on of his business. Judge Crampton asked where was the line to be drawn if the court once interfered(sic) with the discretion of the Board of Superintendence. Would a shop-keeper be entitled to have his servants see him when he desired it -- would every professional man -- and was a distinction to be drawn between the treatment of the poor, and of those who were in a more elevated position? Mr. Fitzgibbon -- When the sentence of six months' imprisonment was passed on my client it never was meant, I am sure, to destroy his property, as result which must arise if he cannot take any share in its management. Judge Perrin -- Do you move by way of petition? Mr. Fitzgibbon replied that he moved on an affidavit, and not by petition. The traverser also stated that he was in delicate health, and had been refused permission to take either wine, spirits, or air, although he never meant to use any unless so much as his medical attendant might think necessary for him. Judge Perrin inquired if counsel had a copy of the regulations of Cavan gaol? Mr. Fitzgibbon replied in the negative. Judge Perrin thought that the present application was brought without sufficient materials upon which the court could act. Judge Moore -- And I am sure there is no regulation to prevent a prisoner taking wine if recommended by the medical officer as beneficial to the health of a prisoner. Judge Crampton did not see anything more dangerous than the course now required of calling upon them to interfere with the rules established for the general regulation of the gaol. Was it because Mr. Wallace was the proprietor of a newspaper that a regulation was to be made in his case? Was it in consequence of the nature of the libel of which he had been convicted -- was it because he filled a respectable position in life that an exemption should be made in his favour? If the rules were to be suspended in favour of one individual, where was the distinction of classes to end? Judge Perrin thought that there might be cases in which distinctions would be made, but the question was not brought properly before the court. Mr. Fitzgibbon initiated that he would mention the matter again after a petition had been prepared and the prison rules obtained. Mr. Corballis, Q.C., said that the crown did not interpose in the matter thinking it one exclusively between the Board of Superintendence and the Court. -------------------------------------------------------------------------------- MARRIED. On the 23rd(?) inst., in the Roman Catholic Church of this town, by the Right Rev. Dr. Browne, Edward O'Reilly, Esq., of 435?(135?), Broadway, New York, to Catherine, only daughter of the late Patrick Nulty, Esq., Cavan. DIED. On 18th?(18th?) May, at Mountpleasant square, Sarah Elizabeth, wife of Dr. Edwards, of Clonard(?), county Meath. ==================================================== County Cavan Newspaper Transcription Project ==================================================== County Cavan Newspaper Transcription Project