CO885-(23-24) — Page 533

PUBLIC RECORD OFFICE

Reference :-

MC.O. 885

24 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

Before

BOW STREET,

Wednesday, 25th February, 1914.

SIR JOHN DICKINSON (Magistrate).

REX

HETHERINGTON.

(From the shorthand notes of Messrs. BARNETT & BARRETT, 40, Chancery Lane, London, W.C.)

COUNSEL FOR THE PROSECUTION :

COUNSEL FOR THE DEFENDANT :

MR. COMYNS CARR, instructed by the

Solicitor, Board of Trade.

M. RAEBURN, instructed by Clarkson &

Co.

Mr. RAEBURN: Sir John, I appear on behalf of the defendant in all these summonses, and on his behalf I plead not guilty.

Mr. COMYNS CARR: Sir John, there are seven summonses in this case, in which friend's I appear on behalf of the Board of Trade. I do not know whether, with my consent, it would be convenient that they should be taken all together. The whole of the evidence will be with regard to the same point.

Mr. RAEBURN: The difficulty I feel about that is this: you will see that the defendant in each of the seven summonses is charged with inducing the person named in each summons to emigrate on a certain false representation. The difficulty I have is that no particulars are given on the summons as to whom the representation was made in regard to any one of the seven. I do not know whether my friend is relying upon a documentary representation, or a verbal one.

The MAGISTRATE: Perhaps you would like one summons taken first?

Mr. RAEBURN: If you please. I shall be glad to do anything to oblige the Court, but that strikes me as a difficulty.

Mr. COMYNS CARR: Very well. Sir John, in this case I appear, on behalf of the Board of Trade, to prosecute Mr. Frederick Hetherington under section 24 of the Merchant Shipping Act, 1906, which is as follows: "If any person, by any false representation, fraud, or false pretence, induces or attempts to induce any person

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to emigrate or to engage a steerage passage in any ship, he shall for each offence he liable on summary conviction to a fine not exceeding fifty pounds, or to imprison- ment with or without hard labour for a period not exceeding three months."

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On that section the summons which I will take first, in the case of Mr. Wright, charges the defendant that you on or about the eighteenth day of September in the year one thousand nine hundred and thirteen at 181a Strand, within the district aforesaid, did induce one Reuben John Wright to emigrate by a certain false representation, to wit, that in the Argentine Republic work is found for all by the State Labour Bureau; contrary to the Merchant Shipping Act, 1906 (6, Edw. VII.. c. 45, s. 24)." The case is of a somewhat unusual character, and of very considerable public importance. I shall have to explain at some little length the nature of it. The complainant in this particular case, and the six other persons with respect to whom the other summonses have been taken out, but who will be admissible, I think, as witnesses on this summons, are all men of skill in some particular branch of work. One is a telegraphist who, before this matter arose, had been engaged in the East as a telegraphist, earning a very substantial salary, and he is obviously a skilled man. The other was a steel-worker who came from Swansea, where he had been earning £2 to £3 a week. Another was a dentist who had been conducting a dentistry business at which he had been making about £3 10s. a week. Another was a tailor who came from Lancashire, and had been earning there 30s. to £2 a week. Another was a cooper who came from Edinburgh, and who had recently returned from Australia. where he had been earning £4 a week at his trade. Another was a butcher who had

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been working for his father in the neighbourhood of London. The plaintiff in this particular case was a hotel clerk and store-keeper, who had also previously been to Australia.

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The defendant in this case carries on, and, I understand, has carried on for many years, at 161a Strand, an agency as shipping and passage agent, and, of course, largely in connection with emigration. He has been in the habit of advertising pretty largely in all sorts of newspapers. I shall be able to call attention to his advertise- Daily Chronicle," News of the ments in the Daily Telegraph," "Daily Mail," World," "Daily Sketch," and " Daily Mirror," and they are practically in the same terms. Buenos Ayres, £7; free board on arrival five days and work found by State Labour Bureau. Hetherington's, 161a, Strand.” When these applicants who will be called before you answered that advertisement, either in person or by letter, they received one or more of a batch of pamphlets which I shall have to put in evidence before you.

This particular complainant on this summons received the whole of them. There are three which refer to the shipping lines by which the defendant hoped to get the applicants to book passages. In this case it was the Royal Holland Lloyd, a Dutch line, whose ships ply between Amsterdam and various places in the Argentine Republic, calling at Dover on the way. These pamphlets are all more or less, for this purpose, in the same form. They advertise a third class fare from Dover to America for £7, including railway fare from London to Dover: then " Five days' free board and lodging at Buenos Ayres. (2) Free medical attendance in the event of sickness. (3) Free advice regarding employment. Work found for all

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by the State Labour Bureau. (4) Free forwarding, or travelling expenses to any Book at once to secure the low place in the Argentine Republic," and then it says, " rate." Then it says,

"Book your passage by the Royal Holland Lloyd," &c. (reading the pamphlet). There are two other pamphlets with regard to the shipping lines, which, for my purpose, do not vary. They repeat the same statements with other statements in addition, with which I need not trouble, except that on the back they give what I should point out at once and deal with; they give on the back what is, no doubt, the source of their authority for making these statements, namely, an extract from the Argentine Immigration Act. Several of the paragraphs which are set out under that head no doubt support the statement which is made on the front of the leaflet, particularly Article 14: "Every immigrant on giving sufficient proof of his good conduct and fitness for any occupation, art or useful trade, will be entitled, on his arrival, to the following special privileges :-(1) To be boarded and lodged

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at the expense of the nation during the time fixed by Articles 45, 46, and 47. (2) To have employment given him in such calling or trade as there may be in the country,

and which he may prefer. (3) To be transported at the expense of the nation to such locality in the republic as he may select for his residence. (4) To import free "of duty." Article 10 says, " Said officers are bound and empowered :-(1) To attend

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to such applications of teachers, artisans, journeymen or workmen as may be sent

in to them. (2) To secure advantageous terms for the employment of immigrants,

and to see that such employment be given by people of good repute.”

Mr. RAEBURN: Would you read the words at the bottom?

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Mr. COMYNS CARR: A booklet giving full information as to cost of living, wages, &c., in the Argentine Republic can be obtained on application. For further Then there was en- information apply to :-F. W. Hetherington, 161a Strand."

closed also with that letter a booklet, which, I take it, is the booklet in question. It is headed," Argentine Republic. Information for intending emigrants from the "United Kingdom." It was the one sent in the same envelope. It gives particulars of the situation and extent, climate, soil and products, railways and waterways, and then it says, "Language. Spanish is the language of the country. It is easy to A few months' practice should suffice to obtain learn, being pronounced as written.

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a fair working knowledge of it. There are a good many English and English- speaking people in the cities of Buenos Aires and Rosario and vicinity. The estimated number of British settlers in the Republic was, in 1903, about 40,000. Then follows, on the next. In 1908, 1,879 immigrants arrived from Great Britain." page: Wages and cost of living," and the wages in various trades are set out. There is a note at the bottom which says, "The rates of wages given above are in

paper dollars. The equivalent in English money is 1s. 9d. per dollar."

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Mr. RAEBURN: Would you read the signature at the bottom of the information? Mr. COMYNS CARR: Yes. The document bears no imprint of any printer's S. Garcia Uriburu. name, but it says, Argentine Consulate-General, London.

Consul-General." On the following pages at the end occur the passages which, I

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(873-2.) Wt. 273-G 30. 180. 414. D&B. G. 1.