documents should be made forthcoming, CRIMINAL PROCEDURE (SCOTLAND) if necessary, at the trial before the Irish THE CASE OF CHRISTIE v. GELSON. QUESTION. 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 must act in regard to this matter upon had been lodged with the Procurator his own responsibility. He accordingly Fiscal, and asked that the principal 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, to prosecute the constable Macconachie, who is under suspicion of having killed 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. MR CAWLEY (for Mr. HOLT) asked the Under Secretary of State for the Home Department, Whether he is in possession of any information sufficient to furnish the details required in the 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 MANOEUVRES. 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? "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- ment had informed them that public excitement had assisted in the production of this measure; but he (Mr. Reed) was inclined to believe that it was the result of the excitement, for he could not imagine a British Government in the present day withdrawing a Bill on such a question as that; while they secretly resolved to produce an arbitrary and abMR. GATHORNE HARDY, in reply, solute measure on the same subject at said, that the mode of protecting horses the first opportunity. He had no doubt, was one upon which all military autho- however, that the Bill was brought forrities were not agreed, some preferring ward as a sincere attempt on the part of one way, some another; but some steps the Government to meet a great public would be taken in the matter. With necessity, although it had the disadvanregard to the second part of the Question, tage of investing the Executive Governthe charges referred to had been made, ment with great arbitrary power without but owing to the exceptional circum- defining in any degree the manner in stances of the case he had given direc-which it should be exercised. tions that they should be remitted. CRIMINAL LAW-THE CONVICT MONSEN.-OBSERVATION. 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 judg; ment with that care, consideration, and mercy which had won for him the high character he enjoyed as Home Secretary. 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 duced a clause dealing with the question | great error to assume that allowing the of survey. The end of the Session, how- shipowner to place that line where he ever, was approaching, and the Notice pleased would afford no security against Paper was getting more and more recklessness. At present, there was no crowded with Amendments upon the check whatever except that which was Bill, and those to whom this great public supplied by the vigilance of the repreinterest was entrusted had to see how sentatives of the Board of Trade, or far they could free the Government from rather of an absent Member of that embarrassment in the matter without House (Mr. Plimsoll), who had reprecompromising the object they had in sentatives at the ports, through whom view. Under these circumstances, there- the Board was put in motion. But supfore, the hon. Member for Derby and posing the owner was compelled by Act those who supported him were willing, of Parliament to paint a load line on his although most reluctantly, for the pur- ships, and to send a record of it to the pose of facilitating Public Business, to Board of Trade, the Department would forego the question of surveys and cer- by that means be informed that the line tificates, and he was certain that in doing was either a reasonable or proper one, in so the House would see that they were which case it would have no need to inmaking a great sacrifice. They were not terfere, or that it was the contrary, and disposed, however, to stop even there, for allowed for excessive loading; and then with respect to the question of the load line, the Board could inform the owner that if also, they had asked themselves whether he loaded the vessel to such an extent, it was possible for them to meet the wishes they would not permit it to go to sea. At of the Government and to aid them in pass- any rate, the Board of Trade would be ing the Bill. That question, however, was advised beforehand of the necessity of a totally different one, and it presented looking after the ship; and by this itself under two aspects. Some persons legislation, the owners would be made thought that the Government ought to instruments of the Government in guardask Parliament to enact that an official ing against their own misdeeds. This maximum load line should be drawn would not be the only advantage gained upon every sea-going merchant ship; by the proposal, for a painted line would but such a proposal would undoubtedly enable officers or men before joining a give rise to a great deal of very reason- ship to ascertain to what extent she was able opposition and discussion, and if to be loaded; while in ports where overpersevered in, it would evidently cause loading had been habitual on the part discussion upon refinements and distinc- of certain owners, those persons would, tions as to which they could not hope to by the publication of the load line be secure general agreement in a short time. brought under the moral influence of the He therefore felt that it ought not to be people among whom they resided. raised during the present Session. There preferred educative arrangements to was, however, another proposal with re- harsh laws for the regulation of trade. gard to the load line, which he believed He thought that many men who overwas altogether unobjectionable, and that loaded their ships did not know the was that the load line to be drawn upon danger they incurred; and that they and the ship's side should be that which was others would cease to overload if they known as "the owner's load line." He had to do it in the face of day. Whentherefore now asked the House to de- ever they endeavoured to legislate on clare that no ship should be allowed to this subject they were met by the preproceed to sea with cargo or human sentation of pretended difficulties, which beings on board unless she bore upon were no difficulties to those who were her side a load line drawn by her owner masters of the subject, and he hoped he beyond which he himself did not propose should not be thought rude in saying to load her. This proposal was a very that the Board of Trade sometimes erred moderate one, indeed, it seemed to re- in deferring to the representations made commend itself to the House by many to them. On a late occasion, after he favourable considerations, for it had the (Mr. Reed) brought forward the subject advantage of having already received the of a test respecting iron, the right hon. sanction of Her Majesty's Government, Baronet the President of the Board of and had been inserted in the 33rd clause Trade entered into communication with of their original Bill. It would be a those whose interests would be affected He MR. NORWOOD seconded the Amendment. Amendment proposed, end of the Question, in order to add the words To leave out from the word "That" to the "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 the Government for record,"—(Mr. Reed,) sanctioned by the Government, or submitted to -instead thereof. Question proposed, "That the words proposed to be left out stand part of the Question." by the adoption of the proposition, and the | House upon his Amendment, with a adverse answers he received were printed view to ascertain who it was in that and circulated among Members of the House who refused the people of this House. Again, the Department created a country, in regard to a question of life difficulty with reference to grain cargoes and death, so reasonable a concession as by writing to Lloyd's and obtaining that which he now proposed. in reply one of the silliest letters he had ever read, which also was circulated among hon. Members of the House. There was no necessity whatever for eliciting these obstructive views from persons outside, whose interests were adverse to the public interest, and parading them before Parliament as reasons against the legislation which the public interest demanded. The function of Government should be to tread them down. He denied altogether that the opinions of the secretary of Lloyd's, or even of the shipowners, were the opinions which should mainly guide Parliament in the matter. It was the duty of Parliament to protect the public interests, and he hoped it would not be induced to defer to such considerations. He regretted that legislation was constantly hampered by the presentation of such diverse opinions put forth in opposition to Motions put upon the Paper of the House. He hoped the Government would accept the proposal, for he could not find a single reason against it. Adverse opinions had been expressed with regard to a load line, but not against that which he was advocating, and he thought there would be a unanimous opinion on that side of the House, shared in by a large number of Gentlemen on the opposite side, as to the reasonableness of his proposition. In suggesting it as a compromise, he believed that it would operate against the threatened sacrifice of life during the. coming winter, and he hoped the Government would not refuse it. He believed it would have been open to the Government to have passed a measure against the sending to sea of rotten ships; and he therefore hoped the Government would not now call upon the House to divide against this moderate proposal. The proposal was presented with no hostile intention, and if the Government would fairly meet the suggestion, he believed that hon. Gentlemen on that side would aid in getting rid of all the outside Amendments, and endeavour to render the Government every aid in passing the measure. Should the Government not do so, however, he should feel it his duty to take the sense of the LORD ESLINGTON said, he could see plainly that unless some proposal to fix a load line was adopted, the Bill would be overladen with Amendments, and in all probability would founder. He believed his hon. Friend the Member for Pembroke (Mr. Reed) treated with something like contempt the Report of the Royal Commission which had considered the subject, but it might not be out of place to call attention to some of the evidence given before that Commission. One of the witnessses-a naval architect, and pre-eminent for his ability and experience-struck every Member of the Commission by the boldness with which he proposed Government interference. That witness was the hon. Member for Pembroke himself. Before noticing the evidence, however, he (Lord Eslington) wished to point out that the hon. Member in his speech had by no means explained or justified the Motion which he had submitted to the House. The Motion proposed, as alternatives-first, a load line drawn by the Board of Trade; and, secondly, a load line drawn by the shipowner; but the hon. Member had addressed himself to the latter only, which of the two did he wish the Committee to adopt? MR. E. J. REED said, he thought he had explained fully that every owner would be at liberty to send to the Board of Trade a notice of the load line in order that it might be recorded. LORD ESLINGTON thought it clear that one of the proposals was that the Government should fix load lines, |