§ Mr. BROOKEasked the Under-Secretary of State for the Colonies if, in view of the reduction of the sentence passed upon Herbert Vivian Denton for maltreatment of a native of the Gold Coast he can inquire whether the Governor of the Gold Coast would extend the same clemency to Albert Watson, who is now serving as a prisoner in Portland on the same charge?
§ The UNDER-SECRETARY of STATE for the COLONIES (Colonel Seely)Any representations made on behalf of the convict Albert Watson will be forwarded to the officer administering the Government of the Gold Coast.
Sir GILBERT PARKERasked whether the judicial procedure in the Gold Coast Colony permits a white man to be tried by a black jury without the power by a white prisoner or his counsel to demand a mixed jury or a white jury; and whether a black man may demand to be tried by a 8 black jury, by a white jury, or by a mixed jury in the Gold Coast Colony?
§ Colonel SEELYThe person charged with a criminal offence has a right to demand trial by assessors instead of trial by a jury, but in the case of certain offences which are considered more appropriate for trial by a jury he must elect to be tried by assessors at the time when he is committed for trial, and he will thereupon so be tried unless the judge, for reasons stated, directs otherwise. The offence committed by Watson and Denton was an offence of this character. Further, if a person accused is not a native of the Colony the Court may direct that a number of the jurors, not exceeding one-half of the jury, shall be jurors who are not natives of the Colony. Subject to this, I understand that the composition of the jury in any case depends on the names of the jurors summoned as drawn from the ballot box, and that no discrimination is made on grounds of colour. I may add that elaborate provision is made by law for the exercise of the right of challenge of individual jurors by the prisoner as well as by the Crown.
Sir GILBERT PARKERDo I understand that while the judge may direct that a white prisoner may be tried by a black and white jury, that it does not lie in the power of the prisoner or prisoner's counsel to demand that he should be tried by a black and white jury?
§ Colonel SEELYIt lies with the counsel for the prisoner, as I understand the procedure, and I have been investigating it, to ask for a mixed jury, and the Court may decide whether they will grant it or not as it thinks fit.
§ Mr. ASHLEYIs it the fact that in East Africa the white man can demand trial by a mixed jury?
§ Colonel SEELYThe circumstances surrounding trial by jury in the different African Colonies constitute a very complicated legal question. Although I have some knowledge of it from the investigations which I have made, I would sooner not give a decisive reply now, but if the hon. Gentleman would put down a question on the precise point I shall consider it.
Sir GILBERT PARKERAre we to understand that the whole question of the procedure of Courts in relation to black and white men in British West Africa and elsewhere is being considered?
§ Colonel SEELYBefore making any change of this kind in West Africa it would be necessary not only to consult the Governors, but also the judges who administer justice there. I have requested the adviser of the Colonial Office on legal matters to consider the whole question and report to the Secretary of State.
Sir GILBERT PARKERasked the Under-Secretary of State for the Colonies whether he was aware that V. W. Denton and Albert W. Watson were tried by a negro jury in the Gold Coast Colony and sentenced to three years' imprisonment for an alleged assault on a negro convict; whether the sentence on V. W. Denton had since been reduced by the Governor to six months' imprisonment; if he had been released from confinement; if so, what was the reason for reducing the sentence on V. W. Denton and for setting him free; whether the sentence is to be reduced for A. W. Watson; and if he would also be immediately released, and on what grounds?
§ Colonel SEELYThe persons named were tried before a native jury and sentenced to three years' imprisonment with hard labour for intentionally and unlawfully causing grievous harm to a native who was accused of theft. The sentence upon Denton was reduced to one of six months, and he has been released. I am unable to say whether the sentence of A. W. Watson will be reduced. This is a question to be decided by the officer administering the Government of the Colony. It would be contrary to all precedent to state the reason for reducing or for proposing to reduce the sentence on any convict.
Sir GILBERT PARKERMay I ask if the Government has considesed those cases and the weight of the sentences upon those prisoners in relation to the nature of prison life in the Colonies of West Africa?
§ Colonel SEELYYes. I am glad to say that none of those men served any appreciable portion of their sentences in the Gold Coast. The question as to how far white prisoners should be removed to a temperate country is a wider question and one which I do not think I could elucidate by a reply now.