HC Deb 21 May 1906 vol 157 cc935-6
MR. SWIFT MACNEILL (Donegal, S)

I beg to ask the Secretary of State for the Home Department is he aware that application was, on Tuesday last, made to the magistrate at Bow Street by counsel for Alfred Mangena, a Natal native resident in London, to prefer sworn informations and depositions against Sir Henry M'Callum, the Governor of Natal, charging him with acts of oppression involving the illegal proclamation of martial law and the homicide of the twelve natives put to death on the 2nd of April last; and that the magistrate refused to hear the application otherwise than in camera and in the absence of a professional shorthand writer; and whether, having regard to the great public importance of the proceedings, the Government will take steps, in the event of any further application of a similiar character, to have an official shorthand note taken of the hearing of the application, and will lay the same upon the Table of this House.

MR. GLADSTONE

said that it was, he believed, the usual and proper course for a magistrate to whom an ex parte application was made to hear it in private. Obviously, great injustice might be done by giving publicity to applications of such a character. In the matter referred to by the hon. Member the Bow-Street magistrate appeared to have followed the usual course, and he saw no reason why it should have exceptional treatment. He would answer at the same time the unstarred Question of the hon. Member for Montgomery Boroughs,† at his request. Under existing law special provision was made for the trial in this country of Colonial Governors and others charged with offences in the Colonies, and proceedings for the purpose might be commenced at a police court. As at present advised he saw no sufficient grounds for proposing any amendment of the law. He thought that magistrates might be trusted with frivolous applications.

MR. SWIFT MACNIHLL

This case is analagous to that of the Governor Eyre. Did the magistrate act on his own initiative?

MR. GLADSTONE

I have no power to interfere with magistrates in such matters.