From the first these journals, and especially the ‘Evening Post,’ opposed the government measures, and showed whig sympathies, but during 1789 the proprietor's name became particularly prominent on account of a series of attacks made on the notorious Francis Higgins, a journalist in the government pay, and on other persons, among whom was John Scott, Lord Earlsfort, afterwards Earl of Clonmell, chief justice of the king's bench, Higgins's personal friend.
Reflections on the character of Thomas Brennan, at that time on the staff of the ‘Freeman's Journal,’ but formerly a writer in Magee's own employ, and on a lady named Tracey, who was a ward of Higgins, and then lived with her aunt in Brennan's house at Kilmacud, appeared at the same time in the ‘Dublin Evening Post.’ On the affidavits of these persons fiats were issued by Lord Earlsfort in June requiring Magee to find bail to the amount of 7,800l., pending actions for libel.
He continued while in confinement to conduct his newspapers, and Nicholas Lawless, first lord Cloncurry, sought to alleviate the hardships of his imprisonment.
Lord Earlsfort, who refused them a copy of the record, declared that ‘had they given any other verdict they would have acted in a manner shameful to themselves and disgraceful to their country.’ No good report of the trial is in existence.
On 10 July 1789 the Dublin Volunteers passed a resolution approving ‘the firm conduct of our worthy fellow-citizen in a late transaction,’ and Hamilton Rowan wrote to Magee in his confinement offering to subscribe twenty-five guineas to a public subscription which it was proposed to raise in his behalf.
Dogs danced in barristers' uniforms, and asses raced with jockeys in wigs; and finally, in an ‘Olympic pig-hunt,’ the people followed the animals into Lord Clonmell's grounds and did much damage.
The ‘Dublin Evening Post’ of 25 August announced an adjournment of further proceedings to 7 Sept., pending the arrival of the chief justice.
On 27 August it declared that ‘there would be thirty thousand men at Dunleary.’ The chief justice, according to an informant of Fitzpatrick, in great alarm implored the viceroy to summon the privy council and obtain a suspension of the Habeas Corpus Act.
The result was that Magee was arrested on 3 September by a warrant of Sir Samuel Bradstreet, judge of the king's bench, and, being unable to give heavy bail to keep the peace for five years, was committed to Newgate.
The proceedings against Magee had now become a matter of public interest, and both Lord Clonmell and the administration generally of George N. T. Grenville, first marquis of Buckingham, had incurred great odium in consequence.
A resolution to the effect that they were unconstitutional was moved by the latter before the grand committee of courts of justice, but the government motion that the chairman leave the chair was carried by 125 to 91.
An ‘Address to the Whig Club on the Judicial Discretion of Judges on Fiats and Bails,’ published anonymously, was written by Leonard McNally (Madden, Hist.
Through his representations, too, the city magistrates took active steps in September 1789 against the Dublin gambling-houses, which he had charged Higgins with supporting.
271–2), and on 27 July 1813 he was convicted of a libel on the Duke of Richmond (late lord-lieutenant), and sentenced on 29 November to a fine of 500l.
On 3 February 1814, John Magee, junior, was again convicted of libel, he having published in his paper certain resolutions of the Roman Catholics of Kilkenny.
James Magee (d. 1866), a younger son, was brought up as a merchant, but (probably in 1815) began to conduct the ‘Dublin Evening Post.’ The line he took was so conciliatory to the government that he appears to have been refunded part of the money paid in fines by his brother.
James Magee, who became a Dublin police-magistrate, died in September 1866 (Fitzpatrick, Ireland before the Union, p. 148).