HC Deb 30 July 1883 vol 282 cc934-5
MR. WARTON

asked the Secretary to the Admiralty, Whether Louis Price, the boy on board H.M.S. "Triumph," who was recently sentenced to penal servitude had any friend to advise, assist, or appear for him at his trial?

SIR HERBERT MAXWELL

asked the Secretary to the Admiralty, Whether the seaman, Louis Price, sentenced to five years' penal servitude for insubordination, was entirely without professional advice on his trial; whether he called Commander Acland to give evidence as to his character in the belief that he could not call Captain Markham, who was prosecuting; whether Commander Acland was a member of the Court, and resumed his seat upon it after giving evidence that Price was pugnacious and bad tempered; whether the Judge, to whom the sentence was submitted for approval, in accordance with the Naval Discipline Act (1866), had it in his cognisance that Commander Acland resumed his seat on the Court after giving evidence unfavourable to the prisoner; and, whether the Board of Admiralty have consulted, or will consult, with Captain Markham as to the facts of the case.

MR. CAMPBELL - BANNERMAN

Sir, the seaman, Louis Price, had no legal adviser at his trial; and it is difficult to see how, on the Pacific Station, he could have obtained the benefit of professional advice. It was open to him to call Captain Markham to bear witness to his character; but the only witness he called was Commander Ac-land, who, I may observe, was, as chief executive officer of the ship, the best qualified to speak to the man's character. The hon. Baronet's Question does not give an exact representation of Commander Acland's evidence, which was distinctly in Price's favour as regards his general conduct, although he added that he was hot-tempered and pugnacious. There is nothing unusual or improper in a member of a court martial giving evidence as to the character of a prisoner and yet discharging his judicial duties, although no one is allowed to sit on a court martial who is a witness examined as to the facts of the case. In this instance, however, no such occurrence took place, Commander Acland not having been a member of the court martial. I therefore need not answer the hon. Baronet's fourth Question, beyond saying that I am not aware who the Judge is to whom he thinks sentences of naval courts martial are submitted for approval. There is no such proceeding laid down in the Act as alleged by him. As I stated the other day, the Admiralty have received a document purporting to be an offer of fresh evidence in this case. They are considering the matter, and will, if necessary, avail themselves of the advice of Captain Markham.

SIR HERBERT MAXWELL

When a seaman is sentenced to penal servitude, is not the sentence submitted to a Judge?

MR. CAMPBELL - BANNERMAN

To what Judge does the hon. Baronet allude? If the hon. Member means one of the Judges of the High Court in this country, there is no provision to that effect.

SIR HERBERT MAXWELL

said, he would repeat the Question.