§ MR. WHALLEYasked the Secretary of State for the Home Department, with reference to the Tichborne case and his previous statement, that he has not submitted for the opinion of the judges by whom that trial was conducted any of the correspondence or documents received by him in support of further inquiry or the immediate release of the 1651 convict; and, Whether he will be good enough to inform the House of the reason for departing in this case from the usual practice of consulting judges on such matters?
MR. ASSHETON CROSS, in reply, said, he found it was nearly a year ago since the same question was asked him by the hon. Member. His (Mr. Cross's) answer, then, was—
That it was by no means an uncommon practice for prisoners not to present witnesses at their trial, where they might be subjected to severe cross-examination, and afterwards deluging the Secretary of State with the so-called affidavits and statements made by those persons."—[3 Hansard, ccxxviii. 73.]The witnesses mentioned a year ago by the hon. Member might have been called at the trial, and the fact that they were not called was the subject of severe comment on the part of the Lord Chief Justice. These so-called affidavits were not affidavits in any judicial proceeding then pending, nor statutory declarations, and he, therefore, did not think it proper to trouble the learned Judges who tried the case with them, nor was it the intention of the Government to take any proceedings with regard to them. He had nothing further to add to that statement.
§ Afterwards,
§ MR. WHALLEYHaving already given Notice to call the attention of the House to this subject, I beg leave to ask the right hon. Gentleman, Whether, as I have already made several efforts to bring the subject forward, he will use his influence to prevent a count out?
MR. ASSHETON CROSSAll I can say is that in reference to any Motion in which I am in any way concerned, I certainly shall be in my place.