MR. SULLIVAN PROTESTS.

Auckland Star, Volume L, Issue 187, 8 August 1919, Page 8

MR. SULLIVAN PROTESTS.

A CASE OF "INCIDENTS. , ' HIS EIGHTS 'AS A SOLICITOR. An application made by Mr. J. J Jsullivan to Mr. J. B. Wilson, SM., lit- the Police Court yesterday, for the rehearing of a case was a series of "incidents." Counsel applied to have reheard a charge against a young woman, Britannia June Hammereiy, who had been convicted last Thursday of laving- insufficient lawful visible means of support, and had been committed to the Salvation Army Reformatory Home for a year. Amongst the grounds set forth was an affidavit; 'by the young woman that she had been induced by Detective Sergeant Hammond to plead guilty, and his Worship stated that this allegation involved a principle co important to the public that he would hear evidence on that particular poyit. Mr. Sullivan raised a protest as to the wav he had been received at the Parnell Home when he went there in his client's interests. He was first admitted, and allowed to receive instructions from hie client, but when he returned to complete an affidavit he was kept waiting, and told he would have to get permission from the police to see the young woman. He could get no satisfaction from the police, and could not complete the affidavit at the Home. He was made to feel he' was there only on sufferance, when it was not only hie right, but his duty, ac solicitor for the young woman to see his client, and take her instructions. He had reported the matter to the Law Society.

His Worship pointed out that the Home was in effect a prison, and that there were formalities to be gone through, even by a solicitor acting Tor a prisoner.

Chief Detective McMahon stated that Mr. Sullivan had his rights as solicitor but he -went in company with a man named Kidner, with whom the girl had been living, and it wae against the rules of the institution to allow Kidner to interview the girl.

His Worship stated that one of the reasons of the girl's committal wae to remove her from Edner's influence, and the authorities were justified in keeping lim away. If counsel had an; grievance he must present it to the proper quarter. Later the girl gave evidence. Sho said Kidner was arrested where they were staying, and she went on Wednesday evening to the police station to ccc about it. Detective Sergeant Hammond told her she had saved him a walk by going to the station, and started to ques : tion her about her antecedent. He then told her she was charged with vagrancy, and advised her it was no use hitting ■her head against a brick wall. He eaid she would have to plead guilty, or eleb she would get two years at "Sumner, or somewhere;" she didn't know exactly where. If she had known what the result of her plea would be she would not have pleaded guilty. Aβ it was she wae between two minds when she was charged, ■but eventually thought she had better piead guilty, though she didn't feel ehe was guilty.

Chief Detective HcMahon crossexamined the witness at length as to her antecedents h totest. r her credibility. She said she ivas"*i years of age, had "been a 'barmaid for about three years in Tasmania, and was the granddaughter of a man -trho had "been in the police force. She denied having said her father had been in the police force, and 'having said she was a barmaid in an hotel in Sydney.

When the luncheon adjournment came, Mr. Sullivan stated that owing to the irrelevant matter introduced he would retire from the case as a protest.

His Worship: I might point out that, as a solicitor, Mr. Sullivan, you have a duty tb your client.

Mr. Sullivan: Grave allegations have been made against mc personally by this man (Chief, Detective McMahon).

His Worship: In what way?—He said I picked up Kidner in the street and took him to the Home. Kidner was introduced to mc by Mr. Parry, the selected Labour candidate for City Central, and, as a solicitor, I took hie instructions.

His Worship":' You are making a mountain out of a mole lull. The case is adjourned till 2.15 D.m. j

•After luncheon, Mr, Sullivan intimated that he would continue with the case. '

The cross-examination of the witness was continued by Chief' Detective MacMahon. .The girl stated.that she did not complain- -about being induced to plead guilty until she saw Kidner and Mr. Sullivan -at the Home. She did not think of complaining to the Matron of the Home or to the. magistrate. It was coming down from the .police station to the Court that.Detective Hammond told her that' she had "better plead guilty. She did not say until she got to the Court that she would plead guilty.

■Detective Sergeant Hammond denied that he asked the girl to plead guilty, and denied that he used the words "guilty"; or "not guilty" in any conversation with her. Hie conversation with her was chiefly with a view to getting information- *bout Kidner So far as «he herself was concerned both he and the Chief Detective ihad tried to get her to consent to return home, and had offered to assist in that direction.

. After this -witness ihad been crossexamined by Mr. Sullivan at length, couneel argued that if there was any element of doubt the prisoner must get the doubt. ■.

His Worship stated that 3ie had no doubt -whatever. He did not think the accused 'girl pleaded guilty under any misapprehension He had been impressed by her cool demeanour at the time of her conviction as indicating that she knew what she was about. The rehearing -would not be granted. While feeling, In the general interest of the public, that whenever there was" a doubt that the prisoner had been induced to enter a plea that was wrong, an opportunity of withdrawing-, the plea and deciding the oaee oh its merits should be given, he was satisfied that the accused in this Case had not 'been induced to plead guilty, and that she was fully aware of 'the import of her plea.