CO885-(23-24) — Page 569

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 885

דזון ודין

24 PUBLIC RECORD OFFICE, LONDON

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

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These poor men who had been done out of their money and out of their prospects were not likely to come to him and use names; they were ignorant men, probably from different parts of England; they might have written an abusive letter, but what is the good of their doing that? They very sensibly did not do anything of the kind. They only hoped that sooner or later this state of things would cease, and that steps would be taken on their behalf. I entirely accept the evidence of Mr. Jones and Mr. Macnaghten. That evidence completely destroys the defendant's statement that he had no idea that he was an offender. He continues advertising, and later he books Wright and the others who have given evidence; indeed, as lately as January of this year he sent a similar batch of papers to a Mr. Wright who wrote, under the name of Ashley, making enquiries.

Now, all this leads me to the conclusion that the defendant was persistently, knowingly, intentionally disregarding the warnings which had been given him, doing this with his eyes entirely open, and I cannot help saying that he not only continued to raise hopes, false hopes, which have led to the great disappointment and the failure and to the loss of money of not only Mr. Wright, but of the other men who have been here, and for these reasons he must be convicted.

With regard to the penalty, Mr. Raeburn assures me that all the pamphlets will be withdrawn at once. Now I am glad to hear that; it is a thing which I may take into consideration, but, on the other hand, I do regard this case as an extremely important one, important not only to these poor men, but also to the thousands of others who are desirous of going abroad who have only to trust, having no personal knowledge themselves, people in the position of shipping and passage brokers, and others, for the information. They go to them and trust them, and if these men who have the information themselves keep back from them that there is great danger, they must learn that, if they do so, they do so at their peril. The penalty which propose to impose in this case, which is Wright's case is £15, and £5 4s. costs, and in each of the other cases there will be £15 penalty and 4 guineas costs, that is in the eight other cases.

With regard to the point about Section 699, I would just like one little piece of further information than what I have. Have they paid or are they to pay their return passage?

Mr. COMYNS CARR: They have all signed an undertaking to repay.

The MAGISTRATE: Can you tell me the amount that comes to?

Mr. COMYNS CARR: The total is £53 8s. 7d., which the British Consul paid for the passages of the original eight men; it does not include the three men with regard

to the subsequent summonses.

The MAGISTRATE: Is it nine men?

Mr. COMYNS CARR: It is eight men. Nine started, but one did not complete the voyage, he found employment on the back.

way

Mr. RAEBURN: The Consul paid the money; the men never paid anything. Mr. COMYNS CARR : The men have all signed an undertaking to repay this money. The MAGISTRATE: Then, out of the £15 I propose allowing each of the men £13

to compensate him for the damage, to be applied in relief of the damage; £13 out of the amount of the penalty will be applied to compensate each of the men for the loss he has sustained; that will leave £2 penalty and the costs in each case, £5 4s. in the first case and 4 guineas in each of the other cases.

Mr. COMYNS CARR: I am asked by Mr. Macnaghten to say that with regard to the remark you made about the pamphlet issued by the Emigration Office, that will be brought to the attention of his Committee at once; it would be the last thing they would do to keep any pamphlet in circulation as to which, in your opinion, there is any possibility with regard to its being misleading.

The MAGISTRATE: People are more inclined to look at the bright side than the dark side, and, therefore, might disregard the warnings in face of the supposed Government guarantee. They are not skilled in these matters, and I am very glad to hear what Mr. Macnaghten says.

Mr. COMYNS CARR: The difficulty throughout with regard to that matter is, of course, that the Argentine Republic is a friendly country.

The MAGISTRATE: But even for a friendly country, you need not publish some-

thing which is contrary to our law.

Mr. COMYNS CARR: I quite agree.

Mr. RAEBURN: The fine is a very heavy one. Might the defendant have a

reasonable time, as he is not a very rich man?

to pay at once.

do not know whether he has £120

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The MAGISTRATE: If he pays a substantial sum down, then he can have further time, but I must have some substantial sum paid.

Mr. RAEBURN: I have some information that he is a man in not very good circumstances. We can pay £50 to-day, I am told.

to

The MAGISTRATE: Can he pay it at once?

Mr. RAEBURN: Yes.

The MAGISTRATE: Very well, if he pays £50 to-day, I will give him a fortnight

the rest.

pay

Mr. HARTE And in default of payment?

The MAGISTRATE: In default of payment, there will be two months' imprison- ment in default of distress.