§ MR. CAINEasked the Secretary of State for the Home Department, If he is aware that, on Sunday April 23rd, four members of the Salvation Army, men of admittedly good character, were sentenced to one month's imprisonment with hard labour for an assault on the police, who attempted to prevent their forming a procession in the streets of Whitchurch; if he is aware that the chairman of the Petty Sessions, who passed this severe sentence, admitted in Court that there was no attempt on the part of the inspector bringing the prosecution, to say that "the assault or the attempted rescue were deliberately carried out," and that "the assault was only a technical one, sufficient for the police to proceed upon," and "that all the Court had to dispose of was simply a point of Law;" if he is aware that the Bench refused to state a case, telling the prisoners' counsel to proceed by the cumbrous and antiquated method of writ of habeas corpus; if he is aware that Lord Coleridge and Mr. Justice Grove, in the Court of Queen's Bench on Monday, granted a rule to compel the magistrates to show cause why they should not state a case for the opinion of this Court. Lord Coleridge stating, in giving his decision—
That hard labour was ignominious, that the defendants might be religious enthusiasts, but such sentences were not to be tolerated for one moment;and, if, in view of so strong a condemnation of the sentence by a Superior Court, he will at once order the release of the prisoners on their own recognizances pending the settlement of the case by appeal?
§ SIR WILLIAM HARCOURTsaid, he was happy to think that the sentence passed by the magistrates was now under review by the Lord Chief Justice. He agreed very much, if he might be allowed to say so, with both of the opinions expressed by the Lord Chief Justice—that, first of all, a person was not to be excused by religious enthusiasm for breaking the peace, and also that the sentence of imprisonment, with a month's hard labour, was singularly inappropriate for an offence of this description. 1942 His hon. Friend would see that the ease being now in possession of a Court of Law, it was not for him to inferfere in any way until the decision, which would be given on Friday, should be pronounced. Meanwhile, acting in accordance with the view of the Lord Chief Justice, he had given directions that, until the case was decided, the prisoners should be treated with the greatest possible leniency during their confinement.