invention for preventing all escape of gas through the vent, and consequent corrosion thereof? LORD EUSTACE CECIL: Sir, trials are now in progress with this object, and it is to be hoped that the plan under trial will greatly diminish the corrosion consequent on the escape of gas through the vent. MEDICAL OFFICERS OF THE ARMY. QUESTION. In reply to Mr. MITCHELL HENRY, MR. ĜATHORNE HARDY said, that there would be 28 vacancies for medical officers in the Army to be filled up at the next examination. If, however, there should not be that number of candidates the number of appointments would be reduced in order that there might be a competitive examination. SUPPLY.-REPORT. CRIMINAL LAW-SENTENCE ON COLONEL BAKER.-OBSERVATIONS. Resolutions [August 4] reported. DR. KENEALY rose to call attention to the sentence imposed by Mr. Justice Brett on Colonel Baker, at the Croydon Assizes on the 2nd day of August 1875. He did so because he believed that there was a very growing feeling amongst a large class of persons in this country that the law was not administered with that justice which the country and the Constitution demanded. In point of fact, there was a feeling that there was one law for the rich and another for the poor, and that the old Constitutional maxim, that "everyone is equal in the eyes of the law," had been considerably modified. He believed every man in the country who rightly valued the preservation of our laws and liberties would agree with him that in the administration of justice there ought to be nothing like class distinction; but according to the sentence passed by the learned Judge on Colonel Baker it would seem that the rank of a defendant was to be the standard by which sentences were to be imposed-that there was to be one class of sentences for Dukes, Earls, or Marquesses, and an entirely different class of sentences for persons in a lower position of society. It was certainly new to him-and he had for some time studied the history of our country that a Judge should lay down any such invidious distinction as that which was calculated to introduce discontent amongst the people, and to sap the very foundations of justice itself. He wished to call the attention of the House to the atrocious nature of the offence of which this colonel had been found guilty. He was indicted upon three counts-for an assault with intent, for an indecent assault, and for a common assault. The jury arrived at what seemed to him a very lenient view of the colonel's conduct in acquitting him of the intent. Any person who had at all devoted any portion of his time to a consideration of the evidence given by Miss Dickinson must be satisfied that this colonel had undoubtedly in his mind at the time he assaulted her an attempt to violate her person. ["Oh!"] He did not care for shouts of "Oh" at all. He could assure hon. Gentlemen that he intended to maintain his ground in that House. Shouts of " Oh," and cries of "Order" were not likely to make him change his opinion. He repeated -and any person who had carefully studied the evidence could entertain no serious or reasonable doubt in his mind that this gallant colonel intended to violate that lady, but was prevented by circumstances over which he had no control, and that although he had not come under the actual purview of the law with reference to the crime, he was as guilty as if he had effected his purpose. The description which the lady gave of the transaction was calculated to excite a feeling of the highest indignation, and that indignation would be increased by the sentence, which was really no punishment at all for one of the most scandalous and atrocious crimes ever committed. [The hon. Member proceeded to read, amid the marked impatience of the House, the evidence of Miss Dickinson.] He must appeal to the Speaker. It was impossible for him to proceed in the execution of what he considered his duty while Gentlemen on all sides were interrupting him. Was he to be heard in his place or not? [Mr. SPEAKER: Order, order.] The hon. Member having read the evidence, proceeded; - The young lady described the man-whom she had never seen before - obtruding his attentions upon her, and behaving in a most shocking and indecent manner. He could make every allowance for young men-and particu "sudden outbreak of wickedness, and he should therefore not pass upon him a sentence which would carry with it all the personal and all the physical degradation which usually accompanied an ordinary sentence for this offence." larly young men in the Army; but he | his time as pleasantly as possible, redid not think it possible that any man ceiving everybody, and no doubt being at the period of life of this defendant, visited by persons of the same class as and filling the rank which he did, could those who stood beside him at the trial. commit himself to such atrocious con- It was necessary to draw the line someduct. The learned Judge had imposed where. An ordinary banker's clerk no penalty at all. He had directed that would have quite as much sense of dethis colonel should be imprisoned for gradation or sense of honour as this 12 months without hard labour, without colonel; and if he were convicted of any being subjected to the rigorous disci- breach of trust he would be sentenced pline of a gaol, and to pay a fine of to hard labour. He never knew a clergy£500, which in the case of a prisoner in man to be spared hard labour because his position was what the right hon. he happened to be a clergyman; and Gentleman at the head of the Govern- there were innumerable instances of merment once said in reference to our Na- chants and bankers whose feelings, he tional Debt, "a mere fleabite," He thought, were entitled to as much re(Dr. Kenealy) was, however, greatly spect as the feelings of this colonel, being shocked and astonished at some of the sent to penal servitude and sentenced to remarks of the learned Judge in passing hard labour for offences infinitely less in sentence, as he found them reported in heinousness than that for which this man The Standard, which gave a very full and had been convicted. He read the remost accurate account of the trial. His mainder of the learned Judge's remarks Lordship said the crime must have arisen with feelings of the greatest indignation from a because he insinuated that this colonel, who had outraged every principle of honour and decency, was to be kept in the Army. He had laid down the law to the Secretary of State for War that he was not to interfere with the position of this colonel in the Army-that he was to be allowed to retain his rank and position, and the learned Judge went the length of saying that by some brilliant achievement-military achievement he presumed was meant-he hoped the defendant would regain his rank. He (Dr. Kenealy) hoped the right hon. Gentleman would not adopt this sug gestion, and that the name of Colonel Baker would not be allowed to sully the pages of the Army List any longer. He now wished to call attention to the kind of punishment inflicted for certain offences. By the Bishop of Oxford's Act, if a man decoyed a young girl under the age of 16 from her home, although he had no improper motive for doing so, and no injury had been suffered by her, he was liable to imprisonment with hard labour, and he invariably got it. He remembered very well a case on his own circuit-the Oxford Circuit-in which a manufacturer was sentenced by Mr. Justice Quain to 18 months' physical degradation with hard labour for having decoyed a girl, between 15 and 16 years of age, from her parents and placed her in a convent. He was a man of the highest respectability, a married man, with a family, and no man stood higher Those remarks called for the direct censure of this House. Every one knew that an ordinary sentence for an indecent assault committed on a defenceless young lady in a railway carriage would involve hard labour. But this man, because he happened to be a colonel in the Army and was supposed to be a brilliant ornament in certain circles of society, received a sentence that meant only that the rank and high and fashionable surroundings of colonels in the Army should be allowed to stand between them and justice. The Judge said "I fear it would subject you to a penalty far greater than it would be to a person differently situated," by which, of course, he meant a person in a lower rank of life. General Steele was reported in the newspapers to have committed the indecency of standing in the dock while this man was on his trial an act of indecency not only to the Judge, but to the Army, and one of which he hoped the Secretary of State for War would take notice. The colonel by the sentence would be allowed to amuse himself, to receive his friends, and entertain them, to live upon what food he pleased; he would be subjected to no restriction whatever, but he could pass Dr. Kenealy in the manufacturing department of his | conduct of Mr. Justice Brett, or to offer county. No one ever suspected that he any opinion on the character of the had improper motives in taking the girl sentence which that learned Judge proaway, yet the sentence imposed upon nounced upon Colonel Baker. But I him was not to be compared with that think the hon. Member for Stoke seems passed on this colonel. Again, in the to have dealt with this question as though case of garroters, the punishment that the sentence had no precedent whatever. was invariably inflicted on conviction in I have, however, in my mind at this a case of that kind was flogging and im- moment two instances of a similar prisonment with hard labour; and yet sentence having been pronounced. I this man, who was guilty of a much more shall now trouble the House by referring atrocious offence, were allowed to escape to only one, and I shall select that case as it were scot free. Then, again, there because I think it is of a character that was the case of persons who beat their will commend itself to the consideration wives, who on conviction were sentenced of the hon. Member for Stoke. In the to imprisonment with hard labour; and year 1850 a gentleman was arraigned yet the offence of Colonel Baker was of before the Court of Queen's Bench, an infinitely graver character. He had charged with an offence of a somewhat done his duty in calling the attention of similar character. [Dr. KENEALY: Parliament to that case, and he would "Hear, hear!"] I say of a similar now sit down, hoping that some justifica- character, because the law jealously protion would be offered of this extraor-tects both women and young children dinary sentence. MR. ASSHETON CROSS: Sir, I will not stop to question the taste with which the details of this case have been laid before the House. But I wish to remind the House of a matter which I think they will recognize as true, and which ought to be considered-that, at all events, this is a legal sentence; and, without saying one single word for or against Colonel Baker, I will remark that there was a long trial before a very competent and experienced Judge. Neither I, as Secretary of State, nor this House, has the slightest power over that sentence. If there is any fault to be found, as the hon. Member seems to think, with a trial by jury, by all means let the hon. Member for Stoke bring forward some Motion to alter-if alteration is needed the law. If there is any accusation to be made against the learned Judge, the proper course is to move for an Address to the Crown with regard to his conduct. But I do hope that the House will now pass to the Orders of the Day, and that it will never, unless there is such a Motion as I have just alluded to with reference to the conduct of the Judge, undertake to re-hear, or attempt to re-try, a case of this kind. With regard to the matter referred to in relation to the Secretary of State for War, I am quite sure that the House feels that any case which comes before him is perfectly safe. MAJOR DICKSON: I do not rise for a moment to attempt to condemn the He was from aggravated assaults. I say of the SIR WILLIAM FRASER: I should | extended its indulgence to him in allowing not have risen but for one statement him to make a personal explanation, and which the hon. Member for Stoke has that the observations he is now making made which refers to a member of the are not of the nature of a personal exaristocracy, and which has not the planation. slightest foundation. I heard him make DR. KENEALY: I shall then, with the the statement that the Commander of the permission of the House, give a personal Troops at Aldershot placed himself in the explanation with reference to that matter, dock beside the prisoner at the trial. upon which I certainly did not expect Now, I happen to know upon good evi- that I should be interrogated to day. It dence the evidence of my own eyesight is perfectly true that in the year 1850 I -that Sir Thomas Steele was in the was brought before Lord Campbell in the public gallery, and never was near the Court of Queen's Bench charged with dock until he was called to give evidence an assault. As to that indictment I need as to character in favour of Colonel not characterize it or the way in which Baker. He was in the public gallery it was framed; but I am entitled to say the whole of the trial excepting at this what the learned Judge told the jurytime, and from first to last he never had that it contained charges which were not any sort of communication with Colonel only not true, but were disproved by the Baker. One other point. It has also evidence. It is perfectly true that, in been stated by the Member for Stoke the exercise of what I thought was right, that Colonel Baker was a man of fashion- and for the purpose of correction, I did able or aristocratic connections. I have administer chastisement to a child of had no means of judging whether Colonel mine. I myself was chastised over and Baker was a man of fashion-I never over again when I was a boy. I should saw him before the other day when he not be surprised, Mr. Speaker, if many was in Court; but, as regards aristocratic hon. and right hon. Gentlemen have connections, neither of the parties in themselves been chastised when they this regrettable affair is connected, I were boys, and probably hence guilty of think, with what are conventionally the same offence of correcting the erring called the upper classes. As to the propensities of their children. Now, the heroine of this unpleasant romance- learned Judge sentenced me, and I should [“Oh, oh ! ”]—I do not use those words be extremely glad if the hon. Gentleman in an offensive or disrespectful sense- who brought this matter forward would she certainly does not belong to the upper read the sentence which was imposed classes and as to the prisoner, I think upon me by that Judge; for I should not that no one can accuse him of being in care if it were blazoned in the House of any way connected with the aristocracy. Commons or in any Assembly in the DR. KENEALY: Sir, I hope that, world. The learned Judge, instead as a personal attack has been made upon of speaking of me in the language me, although it may not be quite in con- which the hon. Gentleman has thought formity with the Rules of the House, I fit to use, spoke of my kindness to my shall be permitted to answer the hon. child in the most feeling and affectionate Gentleman. I believe that it is in ac- terms, and he expressed the greatest cordance with the character of this House and, I believe, the most profound regret not to allow attacks of this nature to be that technically he was called upon to made without permitting the person who sentence me because I had violated the is attacked to make his defence. I must law. He imposed upon me a sentence first of all call the attention of the hon. of a month's imprisonment. That imGentleman to the extreme inconve- prisonment I suffered, and I left the nience of the precedent he is endeavour-prison without, I think, having suffered ing to form-namely, that the private incidents and events in the lives of Members of this House should be brought forward here on account of their performing a public duty. I submit that is a very inconvenient precedent to lay down. ["Order." Chair."] MR. SPEAKER: I must point out to the hon. Member that the House has in the opinion of any man who ever knew me. Her Majesty several years afterwards, on the recommendation of one of the most illustrious Lord Chancellors this country ever had, did me the honour to nominate me to the rank of Queen's Counsel; and I am quite sure that he would never have advised Her Majesty to do that if he had thought on my character. I therefore make the First Seven Resolutions agreed to. "That a sum, not exceeding £72,105, be that a single stigma of dishonour rested | his reasons for annexation was their value as a coaling station, and as a field for the cultivation of cotton and coffee. They had also been told that New South Wales and New Zealand had offered to take their fair share of any burden the Islands might impose on us; and he wished to know whether any communications had taken place between the Government and these Colonies on that subject, and what was the result? He and a few other Members had opposed the annexation of the Fiji Islands, on the ground that they did not think that we were called upon to set up a Government for the good of the 2,000 Whites who had established themselves there. In one of the debates which the House used periodically to have about Fiji, the Junior Lord of the Treasury (Sir James Elphinstone)-who was not heard so often now as then-spoke of these SIR WILFRID LAWSON raised an 2,000 Whites as the "most unmitigated objection to the grant of £40,000 pro- ruffians" in the world. They had been posed to be made to Fiji. The previous told also that there were a few savages day had been remarkable for speeches-cannibals-living in those Islands, made by the late and the present Prime Minister. In the House of Commons the former right hon. Gentleman rather reproved-and very properly reprovedthe House of Commons for being extravagant, and of stimulating rather than controlling expenditure. As an humble portion of the legislative machine he (Sir Wilfrid Lawson) wished not to stimulate, but to check expenditure. But then there was the speech of the other right hon. Gentleman who, at the Mansion House on the previous night, gave a very glowing description of our Colonies, and said we should "assimilate not only their interests, but their sympathies to the Mother Country," and that they would "prove ultimately a source, not of weakness and embarrassment, but of strength and splendour to the Empire." However this might be, he thought it right that they should have an explanation of how the money he referred to was to be expended. He had no doubt the Under Secretary for the Colonies would give an explanation which, if not satisfactory, was plausible. Perhaps the grant was proposed on account of the sad epidemic which had been raging in Fiji. His hon. Friend the Member for Lambeth (Mr. W. M'Arthur), in advocating the annexation of the Fiji Islands, used to describe their beauty and excellence, and among and that it was desirable to annex them also. We had taken over a considerable debt which, but for that, would never have been paid, and we had, moreover, pensioned off the King. In what respect we were the better for all this he was at a loss to perceive. It was all very well to talk of the "strength and splendour" of the Empire. That did very well at the Mansion House. Anything did very well there. The result, so far, of our dealings with the people of Fiji, seemed to him simply to be that we had given them the measles and they had given us a war-club. In a paper he was reading when coming down to the House he saw a paragraph about a new industry which marked the progress of Fiji. A man had got an elaborate still from some distant country, and was now turning out 200 gallons of rum per day for the few whom the measles had spared. It had been said by a prominent speaker at a meeting in the City that, now we had begun a connection with the islands of the Pacific, there would be no limit to the extension of our Empire in that quarter of the globe. This meant that wherever 200 or 300 "unmitigated ruffians" settled down we were, after a certain time, to put up an expensive government to look after them. That was what we called adding to the strength of the Empire. He did |