DR. CAMERONasked the Secretary of State for the Home Department, Whether his attention has been called to the trial before Sheriff Substitute Black at Stornoway, on the 20th inst., of three crofters and an apprentice baker for mobbing a tacksman named Martin in that town on the 29th December; whether it is the case, as stated by the sheriff, that Martin had recently mutilated some sheep belonging to crofters which he had found on his land, and had himself wantonly provoked the demonstration against him by denouncing the crofters of the island as "thieves and robbers;" whether the sheriff discharged the principal accused on the ground that Martin had "metaphorically speaking flown at his throat;" whether he sentenced the other crofters to 30 days, and the apprentice baker to 14 days' imprisonment, without option of a fine, on the ground that there was 422 no evidence that they had heard the provocative language used; and, whether, taking into consideration the fact that the crowd which hooted Martin consisted of 200 persons, that he was not physically assaulted, and that there was no evidence to show that the men imprisoned were ringleaders or exceptionally active members of the mob, he will consider the propriety of revising the severe sentences passed upon them?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)Attention has been called to this trial. In previous answers given in this House, I have stated fully the circumstances relating to the sheep referred to in the second paragraph of the Question. It appears that Martin did in a shop use, in the presence of Macdonald, the expression quoted in that paragraph, and that the Sheriff-Substitute, viewing this as a provocation, did not convict Macdonald of breach of the peace; but he did convict the other three persons charged, and sentenced them to the terms of imprisonment mentioned. It does not appear that the mobbing and breach of the peace was caused by the use of the language referred to, or, indeed, that any of the other persons, numbering about 200, who took part in it, knew of what Martin had said. If this had been an isolated offence the sentences would have appeared unduly severe; but the Sheriff-Substitute reports that he pronounced these sentences because the occurrence was merely a manifestation of a spirit of lawlessness, unhappily prevalent in the island at present; and a resident Judge has better means than anyone else can have of forming an opinion as to what measure of punishment is requisite as a deterrent where such a spirit of lawlessness prevails. Under these circumstances there does not seem to be any sufficient ground for revising the sentences.
DR. CAMERONsaid, he would take any opportunity that might arise to call attention to the language of the Judge.