HC Deb 09 August 1879 vol 249 cc597-8
MR. CALLAN

asked the Secretary of State for the Home Department, Whether his attention has been called to a statement, very generally circulated, to the effect that, on the trial of Mainwaring for the murder of a policeman at Derby, the jury were divided in opinion—one section of them being in favour of a verdict of wilful murder, whilst another portion wore for a verdict of manslaughter; that, after a lengthened argument, lots were drawn—the agreement being that the drawer of the blank card should decide the verdict—that the drawer of the blank card at first inclined for manslaughter, but eventually, out of a feeling of deference to those opposed to that view, "tossed up," when the toss was in favour of "sudden death," and a verdict was accordingly returned of "wilful murder;" and, whether he will cause inquiry to be made to ascertain the truth of this allegation; and, if true, whether he will take steps to have the sentence recorded re-considered?

MR. ASSHETON CROSS

My attention has been called to a paragraph in the newspapers relating to this matter. All I can say at present is that I cannot imagine how any jury could possibly be guilty of such a diabolical act; for I cannot conceive anything more vicious, more wicked, or more absolutely calculated to be subversive of the ends of justice. If the names of any jurymen guilty of such a dereliction of duty were brought before me, I should certainly lay the case before the Law Officers of the Crown, with a view to steps being taken to punish them, and prevent them ever being jurymen again. I am happy to see in one newspaper a distinct contradiction has been given by one of the jury to the statement in question; but I have not yet received any additional information in reference to it, and can only say that I hope to have an official confirmation of that contradiction.