HC Deb 17 November 1902 vol 114 cc1125-7
MR. SLOAN

On behalf of the hon. Member for North Belfast I beg to ask Mr. Attorney General for Ireland if his attention has been called to the ease of Herbert Lindsay, who was arrested on 9th September last by a sergeant of the Royal Irish Constabulary for an assault; and seeing that, at the trial before the presiding magistrate, the sergeant admitted that he received from Lindsay his name and address and stated he had no reason to doubt his genuineness, and that the presiding magistrate characterised the arrest under the circumstances as an error of judgment, can he take immediate steps to prevent the recurrence of similar cases.

MR. ATKINSON

In this case the complainant was willing and anxious to proceed to the Station House and charge Lindsay with an aggravated assault. The sergeant who, by the way, was himself a Presbyterian, on the information he was then able to obtain, came to the conclusion that the assault was of an aggravated character. Under those circumstances he was, by the provisions of the 229th Section of a Local Act (8 & 9 Vict., cap. 142) justified in arresting the accused and bringing him to the police station. The resident magistrate, on all the facts brought out at the hearing, took a † See (4) Debates, xcvi., 1003. different view as to the nature of the assault, merely observing that it might have been better to have proceeded by summons, but that the best official might be guilty of an error of judgment. The police are fully aware of the rules which should guide them in the discharge of their delicate duties in Belfast. No action by the Executive appears to be called for.

MR. SLOAN

I beg to ask Mr. Attorney General for Ireland whether his attention has been called to the case of Herbert Lindsay, who was convicted in Belfast and ordered to pay forty shillings and costs, or in default to be imprisoned for one calendar month for alleged assault; if his attention has been called to the evidence given on appeal at the Belfast Recorder's Court, where the decision of the magistrate was reversed, and will he state on what ground the evidence of character was refused by the stipendiary; will he cause further inquiry to be made in this case; and can he arrange that in future eases of criminal prosecution, where evidence of character is tendered, magistrates will receive such evidence before the determination of a case.

MR. AKINSON

The evidence given before the Recorder was not the same as that given before the resident magistrate, in as much as there was a cross case before the latter, on the hearing of which Lindsay wade some important admissions touching his own conduct on the occasion. Evidence of character was tendered, but the resident magistrate said it was unnecessary, as he would assume that Lindsay was a man of excellent character, and that in forcing his way into the house of the complainant, who was a Roman Catholic, and endeavouring to sell to her a work treating of the worship of the Virgin Mary, which was offensive to Roman Catholics, he acted from conscientious motives. The Executive cannot dictate to resident magistrates or other judges how they are to decide cases which come before them. It magistrates fall into error, their mistakes can be corrected by due process of law.

MR. TULLY

Will the right hon. Gentleman take some steps to prevent a man like Lindsay causing disturbances in Belfast by shoving his religious views under people's noses?

MR. ATKINSON

Proper steps are taken by the police.