28 NOVEMBER 1925, Page 15

THE CASE OF THE "DAILY HERALD" VAN [To the Editor

of the SPECTATOR.] SIB,—You do not exaggerate the harm that has been done by the too lenient sentence in the case of the Daily Herald van. There was a blunder, of course, but on whom is the blame to be placed and what precautions can be taken in future to prevent such blunders as enable the enemies of the Unionist Party to- say, however falsely or maliciously, that Unionism means class legislation ? It is obvious that the Government itself cannot be blamed. There was no Cabinet consultation as there was when the Labour Government was in power and the Campbell case was dropped. It cannot be said that justice was diverted by politics.

Apparently the whole trouble was that a wrong charge was brought. The charge of larceny could not possibly be sus- tained, as there was no evidence whatever that the Fascists intended to steal the van. You do not actually blame the Public Prosecutor for the mistake in formulating the charge, but you imply blame. I imagine that what really happens is that the police draw up the charge and suggest to the Public Prosecutor that it is a case for his attention. The Public Pro- secutor, so far as I can see, cannot as a rule do otherwise than act on the information supplied by the police. If the police have made a mistake he is involved in it. The conclusion seems to be that ways and means should be found of preventing; for example, a charge of larceny being brought instead of a charge of misdemeanour. The very fact- that the police sug- gested larceny proves that they took a very serious view of the