HC Deb 18 December 1888 vol 332 cc643-4
CAPTAIN HEATHCOTE (Staffordshire, N.W.)

asked the Secretary of State for the Home Department, If he will consider the Memorial, signed by 10 of the jury who convicted James Baines of forging the signature of a man named White to a receipt for £1 8s., at the Stafford Summer Assizes, 1888, in which they state— That there was considerable difference of opinion as to the guilt of the prisoner. That, on telling his Lordship that there was no possibility of agreeing to a verdict, we were told by his Lordship to go back, and not tell him until 10 o'clock. After again considering the case for over two hours, we agreed, and some of us very reluctantly, to a verdict of guilty, but strongly recommended the prisoner to mercy, on the ground that some of the jury considered the evidence against the prisoner weak; whether he is aware that one of the jury has made a written statement that the recommendation to mercy was a compromise, to enable the jury to agree; and, whether, under the circumstances, and considering that "there was an element of doubt in the case," as is stated by the jury, he will advise the extension to James Baines of Her Majesty's prerogative of mercy?

THE SECRETARY OF STATE (Mr. MATTHEWS) (Birmingham, E.)

I have considered the Memorial in question, and I am aware of the facts stated. The learned Judge has written me a most careful Report on the whole case. He put it to the jury, after their recommendation to mercy, whether they were unanimously of opinion that the prisoner was guilty, and directed them that, if they were not clearly convinced of this beyond doubt, they ought to acquit. The foreman, after putting it to his fellows, said they were so agreed. The Judge adds that he is not dissatisfied with the verdict, and that he took into consideration the recommendation to mercy of the jury in awarding the sentence. Under these circumstances, I regret that I do not feel justified in advising any interference with the sentence, as the case was a serious one, the prisoner having availed himself of a fiduciary position to defraud a society of poor men.