§ MR. FRASER-MACKINTOSHasked the Lord Advocate, Whether he will order that the Skye Crofters, now committed for trial, shall, instead of being tried summarily, have the privilege of being tried by a jury of their countrymen, and that the presiding judge shall be one disconnected with the exceptional proceedings attendant on their recent apprehension?
MR. DICK-PEDDIEasked, Whether it is the case that instructions have been given that the five Crofters recently arrested in Skye, and now released on bail, be tried summarily; whether they have applied through their agent to be tried by jury; whether he intends to comply with their application; and, whether he will give directions that the trial shall take place at Portree instead of Inverness?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)I see no reason for recalling the order for trial before the Sheriff 1823 summarily, which was made, after full consideration of the case, by my hon. and learned Friend the Solicitor General for Scotland and myself, when it was first reported during the Easter Recess. Knowing that the people of Skye are generally peaceable, honest, and law-abiding, and having reason to believe that they had been misled by evil counsel into resisting an officer of the law executing a legal warrant, we thought that the offence would not be repeated if it were made clear to them, as speedily as possible, that the law would be vindicated, though for the first offence the sentence and punishment might not be severe. A summary trial before the Sheriff is the proceeding appropriate to the least grave offences reported to the Crown Office. It can be held with the least delay, and imprisonment for 60 days is the maximum punishment which the Sheriff can award in such a trial; while it is, of course, within his competency to pronounce even a lighter sentence, if he thinks it will meet the justice of the case. As regards the last part of the Question, I have to say that it is intended that the trial shall proceed before Sheriff Blair at Inverness. He has not hitherto taken part in the measures which have, unfortunately, become necessary for vindicating the law in Skye. I may also add that this arrangement was made before the present Question was put. In answer to my hon. Friend's (Mr. Dick-Peddie's) Question, I have to say that I shall communicate on the subject, and ascertain whether the trial can take place at Portree.
§ MR. FRASER-MACKINTOSHsaid, the Lord Advocate had not answered the last part of his Question.
THE LORD ADVOCATE (Mr. J. B. BALFOUR)The solicitor or agent for the accused did make such an application.