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PUBLIC RECORD OFFICE

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C.O. 885

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evidence-I forgot the exact words-that a great deal of destitution existed, ample evidence to show that the statements made in the pamphlets, I suppose, were not carried out, and there was evidence to show a great deal of distress. That, I think, with the exception of the remark about Mr. Hetherington being the chief offender, is the sum and substance of the warnings which they say they gave him. They left Mr. Hetherington under the impression that they were some rival emigration insti- tution. I asked Mr. Macnaghten or Mr. Jones, I forget which, whether he could understand how that could be, and he seemed to think it was possible that such an It is quite untrue that impression might have been conveyed. Did they ever say,

that they said you the Argentine Government finds work for all "? They never told any such thing. They went there and apparently talked, judging from their manner Mr. Macnaghten would say nothing here, in vague generalities to this old man. else with regard to Mr. Hetherington, but that he evaded the issue. Well, Sir, having heard Mr. Macnaghten and Mr. Jones, do you think if those gentlemen talked for a year they would ever get so far forward as to a definite issue, and if there ever was a master of evasion in that witness-box, I venture to suggest you had him there last Thursday. Now, Sir, this Emigration Board, as you have heard, has been making exactly the same statements themselves, absolutely in terms the same state- ments themselves, to emigrants as appear in these pamphlets. The only difference is that if you read through this very much longer pamphlet issued by the emigration authorities, you will find certain warnings. If you read through my pamphlet you will find a little in the way of warning, I admit not a great deal. May I just remind you of the warning which appears in my pamphlet? I call it mine, but it is the "The best Argentine Consul's. It is to be found on page 8 of the white book. chances of employment are, of course, for those who speak some Spanish, and are farm labourers, dairymen, or stockmen of practical experience; but mechanics are in fair demand, especially in the building and allied trades. Clerks, shop assistants, and others in search of office work, &c., are strongly advised not to emigrate unless they can count beforehand on a good chance of immediate employment. Persons with some capital and not burdened with families having many members unable to work may find good openings, even in the towns; but, as a rule, there is more There is also a likelihood of success in agricultural or pastoral enterprises." warning given that, "Wages are higher than in England, food is cheap, clothing, and house rent are dearer than here. Imported wines and spirits and, in general, all European goods are more or less expensive when compared with European prices." That is on page 5. Those are the warnings in my pamphlet. They are somewhat extended in the pamphlet issued by the Emigration Board. But, Sir, it comes down to this, that the only difference between what Mr. Hetherington is doing and what the Emigration Board is doing is that they are putting in more in the way of warning than the Argentine Consul has done in this pamphlet.

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Now what is the nature of these warnings. I submit to you, Sir, that they are utterly and entirely useless. It was given in evidence by one of the gentlemen who was called, I think it was Mr. Parsons, that he had not read this pamphlet although he had it-he had not read the warning. I asked him specifically, "Sup- posing you had read it, would it have made any difference to you"? and his answer "Although they do not read these warnings, was, "No, he was determined to go out.' what do they do in a document of this kind? They turn to a place where they see figures and wages, and you will find a much more enticing list of wages in the What next do they turn Emigration Board's pamphlet than you will find in mine. to? "Provision with regard to emigrants who go to the State Labour Bureau " and they look down and see that they are entitled, if they chose to go out as an Now, reading these pamphlets through, emigrant, to have work found for them. what is the average emigrant going to make out of that warning except with the other information? Why surely it is this: If you go out unassisted, unaided, you will find it extremely difficult to get employment; but if you take advantage of the Emigration Law and go out as an emigrant-you need not do it unless you like, but if you do, it is the Government who are finding work for you, and Governments are popularly supposed to do anything. They are supposed by some persons to be able As I say, it is to make work with a Right to Work Bill, and matters of that sort. those statements that attracted these people, and the warnings are utterly and absolutely useless. Mr. Macnaghten himself, the Chairman of this Board, admitted to you that the statements in this pamphlet were calculated or liable to mislead emigrants.

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Mr. COMYNB CARR : No; "might," I think he said. Mr. RAEBURN: Very well, might." I will put it at that might mislead. Anyhow, it is admitted now it has been withdrawn."

Mr. COMYNS CARR: But again not for any such reason.

Mr. RAEBURN: Then the sooner it is withdrawn for that reason the better, if your case here is right; it generally may mislead intending emigrants. But, as you pointed out, Sir John, for the sake of saving a paltry shilling or two, the Govern- ment still have this pamphlet on sale by them to-day at His Majesty's Stationers.

feel, in justice to my client, Now, Sir, a peculiar thing bas happened, and that I ought to say a word about it. This prosecution has been brought for the sake of publicity, and avowedly publicity is only to be gained through the Press. first occasion there was a full report in the papers, but my client feels that he has not been fairly dealt with because in the papers last Friday, after he had given evidence, there was not a single reference, not a single word said, about this case.

On the

The MAGISTRATE: Are you going to suggest that the Board of Trade or any other Government officer was the cause of suppressing it? Generally, if the members of the Press do not think a case worthy of comment they do not report it.

Mr. RAEBURN: I am afraid I must suggest it, although it sounds strong. The MAGISTRATE: Then all I can say is that they are a very much more potent body than I thought they were.

Mr. RAEBURN: That may be so, but it is very unlike the Press to publish the evidence for the prosecution and not a word for the defence. I do not believe that the Press willingly suppressed that. I say it is grossly unfair to my client that it should go abroad that he is making these representations, and not a word said about his denials that he ever made them, or that he is the only man sending out these emigrants.

The MAGISTRATE: It is for the Press to decide what it will or will not publish in the papers and I do not think you should make such a statement unless you some foundation for it in fact.

have

Mr. RAEBURN: I am sorry, Sir, but I feel indignant about it. I am sorry if I have said what I ought not to have said. It may be what I have to say I should say elsewhere, and I apologise if you think I have gone too far.

I submit to you, Sir, that the prosecution here hopelessly fail to prove that my client knew that he was making with knowledge a deliberate false statement to these emigrants as to employment. I do not think it is likely that any more of these statements will be made. I think you will find that all these pamphlets will be withdrawn. I think you will find the Argentine Consul will issue no more at present, but I do submit that, in view of the information which my client had, in view of the lack of warning, the lack of real warning, unequivocal warning under which he was labouring, it is impossible to say, as one must say, I submit, for the purposes of a conviction, that he was committing a fraud upon these emigrants.

Sir John, that is all I desire to say on behalf of my client, except that if you should be of opinion that, even if he has been guilty of an offence under this Statute, the circumstances of the whole matter are such, and the publicity given to the pro- ceedings will probably have such an effect, that the object of the prosecution will be attained by a very, very small fine indeed.

Judgment.

The MAGISTRATE: The summons against the defendant charges him with having induced persons to emigrate by the false representation, to the Argentine, that they would be found State-aided work. Mr. Raeburn very properly pointed out that in order that the defendant should be convicted, it must be proved first of all that he induced Mr. Wright-I will take Mr. Wright's case here as the type of the others- to emigrate or to go to the Argentine Republic, and, secondly, that the inducement was by a representation, and that that representation was false,. and lastly, that it was false within the knowledge of the defendant.

Now, taking Wright's case, let us see what the facts are. Wright says he was a clerk and hotel storekeeper, or had been, and in July, 1913, he saw in the "Daily Telegraph," in the " Daily Mirror," and also in the " News of the World "an adver tisement that ran £7. Buenos Ayres. Work found by State Labour Bureau,”

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