§ Mr. KEIR HARDIEasked the Prime Minister whether his attention has been drawn to a case tried at the Berkshire winter assizes in which a man aged twenty-three was charged with attempting a grave offence against a girl of weak intellect under sixteen years of age; whether he is aware that Mr. Justice Eldon Bankes, the presiding judge, in his charge to the jury, stated that when the jury heard the evidence they would have no doubt that the girl was not only a consenting party, but probably an inciting party to what was done, and that the defence of the accused was that he thought the girl was older than she happened to be, whereupon the prisoner was discharged; and whether he proposes to introduce legislation to strengthen the law in regard to this particular offence?
§ Mr. CHURCHILLI have made inquiries as to the facts of the case in question. The observations quoted were made by the learned judge in his charge to the grand jury, who found a true bill, and the accused was thereupon tried before a petty jury. His defence was that the girl, who was, in fact, fifteen years and seven months old, had the appearance of being over sixteen, and that he believed that she was over sixteen years of age. The jury who heard the evidence and saw the girl believed the accused and acquitted him. As far as I have been able to ascertain, there was no evidence at the trial that the girl was of weak intellect. I do not think that this case affords any reason for strengthening the law in regard to this particular offence.
§ Mr. KEIR HARDIEIs it customary for judges to assume the innocence of prisoners, and to so direct the jury as to practically invite them to acquit the accused?
§ Earl WINTERTONOn a point of Order. Is it in order, under the Standing Order which says no accusation shall be made by a Member of this House against the fairness of a judge, for the hon. Member, under the guise of a question, to make what is in fact an accusation against this judge?
§ Mr. CHURCHILLI have looked into this case. It is for the judge to advise the jury, and it is specially his duty in a case like this, where the prisoner was undefended by counsel. The learned judge referred to is a judge in whom the greatest confidence is reposed.
§ Mr. KEIR HARDIEWere these observations made by the judge before or after the evidence was heard?
§ Mr. CHURCHILLThe charge to the grand jury was naturally made before the evidence was heard by the petty jury.
§ Mr. KEIR HARDIEIs it in accordance with law for a judge to assume the innocence of an accused person before evidence is heard?
§ Mr. CHURCHILLIt is not only the practice, it is a most ancient tradition.