§ LORD FERMOYsaid, he would beg to ask the Secretary of State for the Home Department, Whether his attention has been called to the case of Babbage against John Massey, John Weuz, Adam Cleustmann, and Jacob Fey, decided at the Marylebone Police Court on the 2nd day of May, as reported in the newspapers, on which occasion Mr. Mansfield, the presiding magistrate, inflicted the heaviest penalty—namely, 40s., or one month's imprisonment, upon the defendants, notwithstanding the evidence of three respectable householders that they ceased playing upon the first request to do so; and whether he will order an inquiry into the grounds upon which so severe a sentence was passed, notwithstanding the evidence given in exculpation of the defendants?
SIR GEORGE LEWISsaid, that in consequence of a memorial which had been placed in his hands by the noble Lord the Member for Maryleboue, he had addressed a letter of inquiry to Mr. Mansfield, the magistrate, from whom he had received in reply a full report of the facts. It appeared that the magistrate's decision rested upon the deposition of Mr. Babbage, supported by the evidence of two or three policemen, and upon that testimony the ease was clearly proved. On the other hand, the statements of three householders were brought forward to rebut that evidence. Those statements appeared to have been discredited by the magistrate. The question was one entirely for the decision of the magistrate upon his view of the comparative credibility of the witnesses whom he had opportunities of hearing and seeing, and, therefore, he did not think he was at all called upon to interfere further in the matter.
§ LORD FERMOYasked whether the right hon. Gentleman would object to lay the Report upon the Table?
SIR GEORGE LEWISsaid, the Reports of Judges and Magistrates to the Home Office had been uniformly considered as confidential. He had no intention to lay the Report of Mr. Mansfield upon the Table, but he had stated the substance of it.