Page:The Strand Magazine (Volume 2).djvu/87

 lessness of success. The Treasury, in our judgment very unfairly, places at the disposal of the policeman the best legal advice, and he is represented by a clever criminal lawyer, while a poor man bringing a charge has to rely upon his own unaided resources, or, perhaps, on one of those fifth-rate solicitors who haunt the purlieus of the police-courts, and whose advocacy is too often detrimental to the interests of their client. It is a serious fault in the system that the magistrates should always have the same division of police before them. Frequently seeing the same officers, they become predisposed in their favour, the more so as they find that a great acceleration of business is thereby attained. Many of the magistrates, indeed, through being too mindful of their own convenience in this respect, have gradually become mere slaves of the police. The magistrate is practically the only protector of the public against the indiscretions of the police, and if he invariably sides with that body against the public, whose servant he is, he undoubtedly fails in his duty.

In order that the magistrates should be as far as possible independent of the police, they should themselves be moved constantly from Court to Court—a course that would be more convenient than changing the police from one division to another.

The personnel of the Metropolitan magistrates, apart from recent appointments, is not all that could be desired. Most of them are old, and many are of feeble temper; and, as a rule, they pose as great autocrats. Unfortunately, after frequent contact with misery and crime, they are apt to become callous and indifferent; but, notwithstanding this, be it said their credit, one does sometimes hear of acts of kindness and humanity on the part of the magistrates.

There is not sufficient facility for appeal to protect the poor man against the arbitrary conduct or incapacity of the magistrate. It is true that in cases of imprisonment without the option of a fine an appeal may be made to the Quarter Sessions. But this is an expensive operation, and it is only open to those who have means; and it is a further deterrent that if the appellant cannot find bail he must remain in prison until the hearing, thus adding considerably to his punishment.

But although there is practically no appeal against the decisions of the magistrates, they are liable to be discharged in case of misconduct. Sir James Grahame, when he was Home Secretary, removed one of the magistrates, and Mr. Newton ran serious risk of being dismissed in consequence of giving too much weight to the charges that had been fabricated by the police against Miss