course, be his duty to consider what would be the future formation of these Boards when proposing legislation no the subject. records of the Horse Guards furnished no account of such an occurrence, and he could learn nothing of it from the Judge Advocate General, with whom he had been in communication upon the subject. METROPOLIS QUEEN ANNE'S STATUE The alleged occurrence was an impos -ST. PAUL'S CHURCHYARD. QUESTION. MR. GORST asked the First Commissioner of Works, Whether his attention has been directed to the dilapidated condition of the statue of Queen Anne opposite St. Paul's Cathedral; and, who is responsible for keeping that statue in a proper state of repair? LORD HENRY LENNOX: Sir, my attention and that of my Predecessor has been called to the dilapidated condition of Queen Anne's statue, which is placed opposite the Western façade of St. Paul's Cathedral. It has been computed that the sum necessary for its complete restoration would amount to about £500 or £600, besides a small sum for its annual maintenance. I may inform my hon. Friend that the early history of this statue appears to be enveloped in some mystery. No one knows who placed Her Majesty in her present position. No one appears to know whether Her Majesty has ever been repaired since she was placed there; and, worse than all, no one has yet been found with sufficient loyalty to claim the ownership of Her Majesty. I may add that as the statue is not within the area of the Metropolitan Police District, I fear I have no statutory power to take Her Majesty under my charge. sible one, because the sentence of a court martial was never given in Court, and it had been confirmed by the Queen no one knew anything of it until after and remitted to the Judge Advocate General. CRIMINAL LAW-CASE OF SAMUEL DAWSON.-QUESTION. MR. MACDONALD asked the President of the Local Government Board, If his attention has been directed to the case of Samuel Dawson, an agricultural labourer, who was sent to Bedford Gaol on the 11th of June for two months, from the Tharm Brook Petty Sessions, county of Bedford, because he was unable to pay the sum of one pound sixteen shillings that he had been ordered to pay, at the rate of one shilling per week, for maintenance or support of his parents; whether he is aware that Dawson's goods had been previously distrained for debt, and that they were of too little value to meet the liability; whether Dawson is in the gaol compelled to pick oakum as if sentenced to hard labour; whether, considering that Dawson was unable to pay, that his being sent to prison was not illegal; and, whether he will place upon the Table of the House the names of the committing magistrates? MR. SCLATER BOOTH, in reply, said, he had been in communication with his right hon. Friend the Secretary of CRIMINAL LAW-SENTENCE ON JOHN State with reference to the matter. He O'BRIEN. QUESTION. MR. PARNELL asked the Secretary of State for the Home Department, Whether he will direct an inquiry to be made into the circumstances connected with the sentencing of the military prisoner John O'Brien, independently of the reference to the record of the military proceedings, with the view of recommending the extension of the Royal clemency to him, in case it should be found that his sentence had been extended from ten years to life in consequence of his exclamation when leaving the dock? MR. ASSHETON CROSS, in reply, said, he had formerly stated that the Sir Michael Hicks-Beach had to inform the hon. Member that it was within the power of the Guardians to institute such proceedings, although he did not intend to offer any opinion as to the way in which they had dealt with the present case. When it was proposed to distrain on the goods of the person in question it was found that they had already been disposed of by a bill of sale. With reference to the other portions of the Question, it would, of course, be the duty of the governor of the gaol to put him to the employment which the class of prisoners to which he belonged generally performed. He could not place the names of the magistrates on the Table. DOMINION OF CANADAIMMIGRATION AND COLONIZATION. QUESTION. MR. A. PEEL asked the President of the Local Government Board, If he has received any explanation from Mr. Andrew Doyle in reply to the Report of the Committee on Immigration and Colonization to the Dominion of Canada; and, if he has received such explanation, whether he has any objection to place it upon the Table of the House? MR. SCLATER-BOOTH, in reply, said, he had received the explanation referred to. He had also received further information on the subject from the Colonial Office, and he hoped to lay the Papers on the Table before the end of the Session. CUSTOMS AND INLAND REVENUE BONDED WAREHOUSES. — QUESTION. LORD FREDERICK CAVENDISH asked the Secretary to the Treasury, Whether the inquiries instituted by the late Government into the regulations of the Customs and Inland Revenue Departments under which goods liable to duty are warehoused have yet been concluded; and, whether it is the intention of the present Board of Treasury to take steps to secure uniformity in the practice of the two departments, and to place all bonding warehouses in district under one department, with the view of affording increased facilities to trade, and of diminishing the charge on the Exchequer? any say what action we are likely to take upon it. ARMY-ADJUTANTS OF MILITIA. QUESTION. COLONEL NAGHTEN asked the Se cretary of State for War, If he will Militia who retired since the appointrecommend that those Adjutants of ment of those officers has been invested in the Crown, shall receive the benefit of the increased retiring allowance granted by the new warrant? Patent of the 26th of March last was MR. GATHORNE HARDY: Sir, the not intended to be retrospective, and I am afraid I cannot make it so. ARMY-WINCHESTER BARRACKS. QUESTION. COLONEL NAGHTEN asked the Secretary of State for War, Whether, having regard to the fact that the Staff of the 40th Depôt Brigade is now at Winchester, and that the Depôt of the Regiments belonging to that Brigade is now, and for some time past has been, at Port Elson, Gosport, it is the intention of the Government to build Barracks at Winchester, or to make such arrangements there as may enable the Staff and Depôt of the said Regiments to be quartered together? MR. GATHORNE HARDY: Yes, Sir, it is intended to make some additional buildings at Winchester Barracks for the purpose the hon. Member alludes to. -LEGISLATION.-QUESTION. COLONEL EGERTON LEIGH asked the First Lord of the Treasury, Whether a Bill for the better protection of women and children from gross and violent assaults and illtreatment will be introduced as one of the earliest measures of the next Session? MR. W. H. SMITH: The inquiries, ASSAULTS ON WOMEN AND CHILDREN Sir, instituted by the late Government into the bonding systems of the Customs and Inland Revenue Departments have been continued under the present Government, but the Report of the Committee has not yet been received, owing partly to the length to which their inquiries have extended, and partly to the dangerous illness of one of the MR. DISRAELI: Sir, the subject in Members, which necessitated a suspen- which my hon. and gallant Friend takes sion of their labours for some months. so much interest-which is shared in, I I understand, however, that they expect may say, by the majority of the House to be able to send it in in the course of-will not be lost sight of by the Goa week or so, and as soon as it is re-vernment; but on the whole, as a geneceived it will be duly considered by the ral principle, I do not think it is conTreasury and the Boards of Customs venient to pledge the Government as and Inland Revenue; but until we have to the introduction of any particular had it before us, it is impossible to measure. CRIMINAL PROCEDURE (SCOTLAND)– QUESTION. documents should be made forthcoming, if necessary, at the trial before the Irish Court. The Crown agent, under the instructions of the Crown counsel, de DR. CAMERON asked the Lord Ad-clined to comply with the application, vocate, Whether it is true that in the action for malicious prosecution, brought by Mr. James Christie, of Glasgow, against Mr. Gelson, of Belfast, in the Irish Court of Queen's Bench, and which resulted in a verdict in Mr. Christie's favour, access to the criminal information on which the original prosecution had been founded was refused to Mr. Christie by the Crown Office in Edinburgh, on the plea that such refusal was for the ends of public justice, while a certified copy of it and other documents was given to Mr. Gelson; and, if so, on what grounds such distinction was made; and, whether the Procurator Fiscal, who conducted the original prosecution, and who disregarded a subpoena from the Irish Court of Queen's Bench to attend and produce documents in the action of "Christie v. Gelson," did so on his own responsibility or with the sanction of the Crown Office in Edinburgh? the ground of the declinature being that it would entirely destroy the value of the office of public prosecutor if, whenever an accused person was acquitted, he could call upon the Crown authorities in criminal prosecutions to produce the confidential documents in their possession, in order to found an action of damages against the accuser. The right of the public prosecutor to withhold such documents has been uniformly recognized by the Courts in Scotland; but it is proper I should state that in exercising it those representing the Crown would feel bound to consider whether the charge made against an accused person had been made recklessly or maliciously; and if satisfied that it had been so made, they would not hesitate to waive the right. In the present case, which was very carefully considered, there was no reason for holding that the charge had been made maliciously. I THE LORD ADVOCATE: Sir, in regret to say that since the Question of order to give a satisfactory Answer to the hon. Gentleman was put on the the Question of the hon. Gentleman, it Paper, the Crown authorities have will be necessary for me, with the in- learned for the first time that when the dulgence of the House, to make a some- action of damages was threatened, the what fuller reference to the case out of Procurator Fiscal of Glasgow, without which the Question has arisen than is consultation or authority, gave to the made in the Question itself. In October agents of Messrs. Gelson a copy of the last Messrs. Gelson, tobacco manufac- information and of the warrants proturers, Belfast, lodged information with ceeding upon it. I can only explain the the Procurator Fiscal, Glasgow, charging action of the very careful and experitheir agent, Mr. James Christie, of 130 enced gentleman who committed the Hope Street, Glasgow, with breach of mistake, by supposing that he did not trust and embezzlement. The Procu- think he was acting against the Crown rator Fiscal immediately investigated the Office regulation, by giving Messrs. Gelson charge, and in the course of doing so, a copy of the information which they communicated with the police of Liver- had themselves lodged with him. It pool, whither Christie had gone. The was a mistake, however, and if the result was that Christie was appre- Crown authorities had known that copies hended, and committed for trial. The of any documents had been given to the precognitions having been considered by one party, they would at once have afCrown counsel, Christie was indicted for forded similar information to the other. the Christmas circuit at Glasgow; but In regard to the non-attendance of the the jury, by a majority, found him not Procurator Fiscal on the subpoena from guilty. He then raised before the Court the Irish Court, I have to state that that of Queen's Bench, Ireland, an action for gentleman has explained to the Crown malicious prosecution, false arrestment, agent that from the state of his health and slander. Christie's agent applied he was unable to go to Dublin. He was in April last to the Crown agent in Scot-informed by the Crown agent that he land for a copy of the information which had been lodged with the Procurator Fiscal, and asked that the principal must act in regard to this matter upon his own responsibility. He accordingly forwarded a medical certificate as to the CRIMINAL LAW-FATAL OCCURRENCE NEAR GALASHIELS-PROSECUTION state of his health to Mr. Kavanagh, | absolutely decided upon, but that notice the attorney for Christie in Dublin, who of the result would be given prior to the acknowledged the receipt of it before 1st of October of this year. the trial took place. Mr. Kavanagh then intimated his intention of serving me with a subpoena, but he did not carry out his intention, and I observe he obtained a verdict without my assistance or the aid of the documents for which he had called. I should only further add that the subpoena required the Procurator Fiscal to attend before the Chief Justice of the Queen's Bench in Dublin on the 14th day of June, but it was not served upon him until the 17th of that month. Possibly this may arise from peculiarities of Irish procedure, with which I am unacquainted. POST OFFICE (IRELAND) COUNTRY LORD JOHN MANNERS, in reply, said, he had not had an opportunity of reading the remarks of the Judge alluded to, but he understood that the subject was receiving attention in the proper quarter. The salaries of these letter carriers were being continually revised, and if in this particular case, after inquiry, it was found that the pay was insufficient, it would be increased. ARMY-ADJUTANTS OF MILITIA. QUESTION. COLONEL ALEXANDER asked the Secretary of State for War, Whether the Adjutants of Militia who decline to avail themselves of the new retirement scheme, and who are required to perform the same military duty as other officers belonging to the Brigade Depôt, will be allowed to retain their relative rank in the Army? MR. GATHORNE HARDY, in reply, said, that the position of Adjutants of Militia under the circumstances to which the Question referred had not yet been OF A CONSTABLE.-QUESTION. MR. TREVELYAN asked the SecreWhether the Government is prepared tary of State for the Home Department, who is under suspicion of having killed to prosecute the constable Macconachie, a man who refused to give up a gun and bag which he was carrying on a high road near Galashiels; and, whether it is question was still at large some days true, as alleged, that the constable in after the fatal occurrence? MR. ASSHETON CROSS, in reply, said, that the circumstances of the case referred to had been inquired into by the Procurator Fiscal of Roxburgshire, the county in which it occurred, and he had reported to the Town Council of Edinburgh. The Town Council had ordered a most searching investigation into the case with the view to its being prosecuted in the most thorough manner. It was true that the police constable referred to had not been in custody, but he understood from the Lord Advocate that he would at once be placed in charge of the sheriff. MONASTIC AND CONVENTUAL INSTI TUTIONS-RETURNS.-QUESTION. the Under Secretary of State for the MR CAWLEY (for Mr. HOLT) asked Home Department, Whether he is in to furnish the details required in the possession of any information sufficient Motion for a Return of the number of deaths in Monastic and Conventual Institutions in Great Britain which has recently been on the Paper? SIR HENRY SELWIN-IBBETSON, in reply, said, he was not in a position to give sufficient information, or to furnish a Return upon the subject referred to by the hon. Member. No specific Report as to the deaths in question was to be found in the Registrar General's Office, and, although the Census Paper mentioned the principal public institutions, it was impossible to determine which of them were those referred to, or to say whether St. Elizabeth's Home, St. James's Home, or St. Joseph's Home were Monastic or Con MR. E. J. REED in rising to move, ventual Protestant or Roman Catholic Institutions. ARMY-THE AUTUMN MANŒUVRES. QUESTION. MR. HAYTER asked the Secretary of State for War, Whether he will consider the propriety of providing in the next Estimate for the Autumn Manoeuvres, for the expense of providing waterproof sheeting for the horses of non-commissioned officers and troopers of the cavalry similar to that now in general use by the officers for their own chargers, and in lieu of the heavy rugs issued in the late severe weather; and, whether any portion of the price of the spirits issued to the troops at the Camp on the Coldingley Heath will be charged to the non-commissioned officers and men? MR. GATHORNE HARDY, in reply, said, that the mode of protecting horses was one upon which all military authorities were not agreed, some preferring one way, some another; but some steps would be taken in the matter. With regard to the second part of the Question, the charges referred to had been made, but owing to the exceptional circumstances of the case he had given directions that they should be remitted. CRIMINAL LAW-THE CONVICT MONSEN.-OBSERVATION. "That the overloading of merchant ships cannot be effectually restrained unless owners and captains are prohibited from loading their ships beyond a load-line limit of safety which has either been sanctioned by the Government or submitted to the Government for record." said, his object in proposing that Resolu- When it came under his observation, he felt that it was very desirable it should make provision for the regulation of deck cargoes and cargoes of grain, for the restriction of ships within a reasonable draught of MR. M'CARTHY DOWNING said, water, when laden, and for a compulsory it was unnecessary to ask the right hon. survey, and he accordingly gave Notice Gentleman the Secretary of State for of Amendments on that subject. The the Home Department the Question as Government had met the proposal not to which he had given him private very handsomely or broadly, but very Notice in reference to the case of the quickly, with the intimation that they convict Monsen, to which attention had would not be unwilling to entertain in been called in The Times of that morning Committee Amendments to regulate deck by a letter from the foreman of the jury cargoes and grain stowage, and that anwho tried him. The right hon. Gentle-nouncement by the Government had been man had in that case, as in all others which had been brought under his notice in that House, exercised his judgment with that care, consideration, and mercy which had won for him the high character he enjoyed as Home Secretary. UNSEAWORTHY SHIPS BILL. (Sir Charles Adderley, Mr. Disraeli, Mr. Chan cellor of the Exchequer.) [BILL 274.] COMMITTEE. Order for Committee read. Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."-(Sir Charles Adderley.) Sir Henry Selwin-Ibbetson favourably received by the Opposition. It could not, however, be denied that one of the great causes of the loss of life at sea was the reckless overloading of ships, especially in the winter months, and, therefore, he, and those who were interested in the subject, had to consider whether they were not bound to press upon the Government the necessity for the introduction into their Bill of some provision which would have the effect of preventing overloading. Those who sympathized with the hon. Member for Derby (Mr. Plimsoll) would also have been glad if the Government had intro |