§ MR. M'LARENasked the Secretary of State for the Home Department, Whether his attention has been called to a statement in the newspapers of 24th 1927 April, to the following effect: That Sir John Orde, baronet, of Kilmory, was charged at the instance of the Procurator Fiscal for the county of Argyle, with the crime of assault upon the person of a boy four years of age, while driving tandem along the public road; that it appeared from the evidence that the baronet while proceeding at a smart rate along the road, struck with his whip at some children who were standing on the roadside, and who were doing nothing to provoke him in any way; that the lash of the whip caught around the neck of the boy, who was pulled to the ground, and dragged several yards along the rough road, whereby he was cut and bruised along the head and neck; that Sir John's groom swore that his master struck at the boy quite gratuitously, and that when told that he had lassoed a child by the throat he merely gave a mocking laugh; that several witnesses swore to seeing the boy dragged on the ground, and that he had been doing nothing to molest Sir John or his horses; that, notwithstanding this evidence the interim sheriff substitute Spears, acquitted Sir John, holding the occurrence to have been purely accidental; and whether he has instituted any inquiry into the administration of justice in this case? He further wished to ask whether the right hon. Gentleman has applied for or received a Copy of the shorthand writer's notes of what occurred at the trial?
§ THE LORD ADVOCATEsaid, in reply, that the subject-matter of the Question was within his Department, and, if his hon. Friend and the House would permit him, he would answer it. He had seen in the newspapers the statement to which the Question referred, but he had not found it necessary, in consequence, to institute any inquiry into the administration of justice in the case, because it came under his cognizance before it was sent for trial; indeed, it was ordered for trial after consultation with himself. The statement of the case in the Question was somewhat sensational, the facts being these:—On the 1st of November Sir John Orde was driving tandem along a road through a village of Scotland, when the leader was frightened by some children who were playing at the side of the road. Sir John was under the impression that the children had frightened the horse by throwing something at it; 1928 but when he considered the case he was disposed to think that Sir John's impression in this respect was erroneous. However, he threw the lash of his whip out in the direction of the children, and, unfortunately, the lash wrapped itself around the neck of a little boy, who was pulled along a distance of six yards, according to subsequent measurement. The child was not materially hurt, it was not laid up, it did not require the attendance of any medical man, and it was out as usual on the following day, although this occurrence happened in the afternoon. The father of the child first applied—not improperly—to Sir John Orde for some pecuniary compensation, demanding the sum of £5, which he failed to obtain. After the lapse of three months, in February the father lodged an information with the Procurator-Fiscal; the depositions of witnesses were then taken, and he had an opportunity of seeing them recently in Scotland. The case was ordered to be heard in a summary manner by the Sheriff, and it was heard before an hon. and learned gentleman, Mr. Spears, who held an interim appointment in the absence of the ordinary Sheriff Substitute of the place, a gentleman who was fully qualified to discharge the duties of the office. The acquittal of the accused was not a result which surprised him in the least degree; on the contrary, he thought it not an improper result of a fair and impartial trial before a perfectly competent magistrate. Under the circumstances, he had not thought it necessary to direct any inquiry in consequence of the statement in the newspapers referred to in the Question, being perfectly satisfied that justice had not been defeated, but that it had been administered in a just and satisfactory manner.