CO129-203 - Acting Governor Marsh - 1882 [10] — Page 115

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CION ME

101.

COLONIAL SECRETARY'S OFFICE,

18th December, 1877.

Sir, I have the honour to return the depositions taken in certain cases tried under the Contagious Diseases Ordinance before the Magistrate, together with a printed copy of the proceedings before the Coroner in the case of the death of two women occa sioned by falling through the smoke-hole of a house while making their escape from one of the Inspectors of Brothels.

I beg at the same time to express my thanks to the Chairman of the Commission by whose courtesy these

pupers were placed in my hands.

I have no remarks to offer upon the deposi- tions in particular. With regard to the proceedings before the Coroner, however, I am glad to have this first opportunity of disclaiming any approval of the course pursued by Inspector Les with regard to the house No. 42, Peel Street.

It is true that Inspector LEE pleads that it has been the practice of the office for Inspectors to enter any suspected house at their discretion, and he is supported in this statement by Chief Inspector WHITEHEAD, who told me as much when I took over charge of the office, but I understood this discretiou to refer only to houses which had for some time been under suspicion, and which in all except actual proof were known to be sly brothels; and in entering a house after midnight against which up till the moment of entry no suspicion had hitherto attached, I con- sider Mr. Lex certainly exceeded bis powers.

I may take this opportunity to correct un im- pression which in reading over the evidence I gave before the Coroner seems to me raight be conveyed by the following words which I made use of: "I issued instructions to Juspector WHITEHEAD to obtain such proof of the house being an unlicensed brothel us would secure a conviction;" of course all that is meant by these words is "to obtain evidence to show whether the house is or is not an unlicensed brothel."

The same remark applies to Inspector WHITE- HEAD'S statement before the Magistrate made in the same case and subsequently to mine before the Co- roner: "You must endeavour to secure a conviction." What the precise words were of which I made use, I have of course no recollection, but this cuse in no way differed from any other of such cases, and all Mr. WHITEHEAD got was authority to endeavour to obtain evidence.

With regard to the nature of the depositions generally in all these cases, since I have already been asked by the Commission what I consider of the working of the Ordinance, I think I ought to add that, if its successful working as it at present stands is inseparable from some of the details revealed in these depositions, I think it might with advantage be amended.

I have the honour to be,

Sir,

Your most obedient Servant,

H. E. WODEHOUSE.

The Secretary

to the Contagious Diseases

Ordinance Commission,