Thomas Leaming

CURRENT HEARINGS.

Upon arrest, a preliminary hearing is first held at a police station where, as in most English proceedings, the testimony, with anything the prisoner may say (after he has been warned of the consequence of self-incrimination) is carefully reduced to longhand writing and plays an important part at the subsequent stages of the prosecution.

The next step is the hearing before a Police Magistrate at Bow or Marlborough Streets, or at any one of the like courts in London which, although of minor importance, are dignified tribunals. The court room is entered by two small doors, one for the witnesses and audience, the other for officials and solicitors, and there is another passage leading from the cells through which the prisoners are brought to a dock. This dock, as in all criminal courts, is at the far end of the room from the magistrate. The prisoner is thus isolated and can only communicate with his solicitor, if he has been able to retain one, by scrawling a note and passing it on to an officer.

The magistrate, appointed by the Crown or the Lord Chancellor acting in its behalf, is almost invariably a man of standing and repute, always a barrister, whose ready dispatch of business shows great experience with crime, and whose kindness to the merely unfortunate testifies to his charitableness of heart. He wears no wig nor gown and is called in court, "Your Worship"; whereas judges of the High Court are called in court, "My Lord," and those of the County Courts, "Your Honor." All judges, however, are addressed in private life as "Mr." or, if they have one, by a title. A Judge of the High Court is always knighted on appointment and in private life is addressed as "Mr. Justice ——" unless he is a Peer. Solicitors act for the more important prisoners but barristers are rarely seen and appear in ordinary street dress if at all.

The early morning run of business consists chiefly of the "drunks", divided nearly equally as to sex, and of persons arrested for begging and minor misbehavior. These cases are disposed of with great rapidity.

A woman, looking very silly, and with her millinery somewhat awry, is ushered into the dock charged with being "drunk and disorderly."

Magistrate: "Do you admit it?"

Woman: "Hi hadmit hi 'ad a little too much, but deny being disorderly, Your Worship."

Police Constable: (sworn) "She was banging on the door of the Black Horse at 2 A.M. screamin' for drink. I cautioned her and then saw her repeat this at another closed 'pooblic', so I took her in charge."

Magistrate: (To an officer with a book of records) "Is she known?"

Officer: "No, Your Worship, she was never here before."

Magistrate: "Five shillings or five days."

As she is rapidly conducted through the passage and disappears in the direction of the cells, one hears called from official to official the words: "Five or five."

The next is an intelligent, elderly, but very shabby, man charged with begging. The police officer had testified that a lady gave the prisoner money and that he immediately entered the nearest "pooblic". The prisoner's explanation was that he had been given the shilling without his having asked for it, and that he had gone to the tavern to get bread and cheese, which he greatly needed, and a glass of beer. The magistrate rather rebuked the policeman for referring to the visit to the public house as counting against the man, adding that anybody had the perfect right to do as he had. Then, addressing the prisoner, he said, kindly, that he was by no means sure that actual solicitation by words was essential to constitute begging and that his mere appearance was an appeal. It seemed as though the man was about to get off, when the inevitable question "Is he known?" brought the information that he had been in Court upon the same charge on February 19th, on March 5th and again the month following. The magistrate's manner quickly changed, as he recognized an old offender, "Three months hard labor," he said, and "three hard" was repeated like an echo down the corridor as the prisoner slunk back to the cells.

The next was a well-dressed young man, apparently a clerk, charged with being drunk and disorderly.

Prisoner: "It's quoite roight what the constable says."

Magistrate: "Seven shillings and sixpence or six days."

A voice down the corridor: "Seven and six or six."

After the early business, which is dispatched with great rapidity, come the more serious cases, which, if well-founded, are to be held for trial. An American was charged with obtaining money and goods by false pretence. Soliciting advertisements from tradespeople for a book intended for Americans visiting London, which never was published; he had obtained money on account and at the same time, procured millinery and garments for a woman whom he introduced as his fiancÉe. He was represented by a barrister who would try his case if he were held for trial. The witnesses consisted of milliners and dressmakers who detailed the method of his operations. The magistrate referred frequently to the memoranda of their evidence, taken at the police station, and questioned them so as to elicit their testimony, which he wrote down in longhand. The defendant's barrister cross-examined and the magistrate added the substance of the cross-examination to the deposition which was finally signed by the witness, to be used by the trial judge as his guide, if the grand jury should find a true bill. During the examination, one was struck by the alacrity, and glibness of the replies, as in all London courts of whatever degree. An American ear is impressed by the thought that possibly these people, living in a densely packed community of five millions, all speaking one language, are particularly facile in the use of the mother tongue, unlike the English rustic who is apt to be taciturn and awkward of speech. One is also struck, as in all courts, by a certain ring of sincerity, an attitude of respect for the administration of law and the quick and cheerful co-operation of all concerned. The Englishman truly appears to the best advantage in his court, where he leads the world.

If the accused be held for trial by the magistrate, the next step, as with us, is the presentation of the charge to the grand jury. The grand jury either throw out the indictment or find a true bill, in which event a jury trial follows at the Central Criminal Court.