Upon one occasion, when I had summoned an organ-grinder before him, his decision was, in my opinion, so unsatisfactory, that I determined to address to the Home Secretary a remonstrance against it.
The case was heard by Mr. Y—— about the middle of July. My letter to Sir George Grey, accompanied by a series {355} of the placards, was sent to the Home Office about the middle of August. I waited patiently for a reply, but, receiving none, I took it for granted that my letter could not have reached the Home Secretary. At last, on the 17th of December, I wrote to his private secretary, in order to ascertain the fact: the reply to my note was—the simple admission that the letter had been received. I confess that this event baffled all my calculations. I had observed that high officials, distinguished by their intellectual powers, were occasionally oblivious upon minor points; but that high officials distinguished only by the office they held were usually most rigidly courteous and exact.
After this I abstained for a long time from bringing any case before Mr. Y——. At last a case occurred, which it appeared to me could not be resisted. I brought it before that magistrate; it was heard, and the charge was dismissed. Believing the decision to be erroneous in law, I consulted a solicitor who had much experience in the Metropolitan Police Courts, with the view of getting the opinion of the Court of Queen’s Bench upon the subject.
My legal adviser had no doubt that the decision would be favourable, but urged upon me the great expense, and advised me not to proceed. On inquiry as to the probable amount, he suggested that it might reach fifty pounds. I immediately replied that it would be good economy to purchase my own time at that expense, and I desired him to take the necessary steps.
The first was to get some housekeeper to enter with me into a bond for twenty pounds to pay the magistrate’s costs, in case I failed. Having wasted some time upon this, the magistrate granted a case for the Queen’s Bench, a copy of which my solicitor immediately sent me. {356}
The grounds of Mr. Y——’s decision, were—
- 1st. That the man was not legally in custody.
- 2nd. That he was not within reasonable distance of my house.
- 3rd. That he did not understand the English language.
On receiving this, I felt quite relieved, and thought that a clear decision upon these three points would be very cheaply purchased by an expenditure of fifty pounds.
However, on mentioning the subject to several of my personal friends, who were themselves high in the profession of the law, I was destined to be grievously disappointed. I was informed that the Court of Queen’s Bench would not decide upon any one of the questions, but would decide generally that the magistrate’s decision was right or was wrong, without giving me the least intimation on which of the grounds it rested.
I now perceived the dodge that had been practised upon me, and I felt compelled to admit that Mr. Y—— was a clever fellow. A regard for truth, however, forbids me to extend the application of this observation to anybody else concerned in this matter.