§ MR. CONYBEARE (Cornwall, Camborne)asked the Secretary of State for the Home Department, Whether his attention has been called to a report, in The Hampshire Independent, of certain proceedings at the Southampton Borough Police Court on Friday, 29th April, from which it appears that, upon a man of respectable dress and appearance being placed in the dock, and before any charge had been preferred against him, the solicitor of the prosecutor claimed from the magistrates, and obtained from them, permission to exclude all reporters of the Press, as well as the public generally, and refused to allow them even to hear the charge of which the prisoner was accused; whether such report is correct; whether it is the fact that the accused had commenced proceedings in the Divorce Court, that his case was set down for hearing in the cause list of Friday the 29th ultimo, and that, on the previous day, he was arrested at the instance of one of the co-respondents; whether it is the right, and, if so, under what law or authority, of a prosecuting solicitor in any case to insist that the reporters of the Press should not be informed of the charge to be brought 959 against a person in open Court; and, whether the magistrates were right in acceding to the application of the prosecuting solicitor, and refusing to the reporters oven to hear the charge made against the accused; and, if so, by virtue of what authority have local magistrates this power of hearing cases in camera, which the Judges of the High Court decline to exercise?
§ THE UNDER SECRETARY OF STATE (Mr. STUART-WORTLEY) (Sheffield, Hallam)(who replied) said, the accused person was charged with an unnatural offence. On the application of the solicitor for the prosecution the Court was ordered to be cleared; and, acting on the discretionary powers vested in them by the 19th section of 11 & 12 Vict. c. 42, the Court was cleared. The case was remanded until Friday; and the offence being an indictable one, the magistrates could only have taken depositions of witnesses.
§ MR. CONYBEAREMy question was as to the refusal to allow the reporters of the public Press to remain.
§ MR. CONYBEAREI think I have a right to press for an answer to the last port of my Question.
§ MR. STUART-WORTLEYI have quoted the section under which the Justices cleared the Court. It would not be proper for me to express any opinion on their action regarding the application for a remand.
§ MR. CONYBEAREIn my opinion this is a question of such importance that I shall call further attention to it.