OLD CRIME RECALLED.

Auckland Star, Volume LXVI, Issue 76, 30 March 1935, Page 4 (Supplement)

OLD CRIME RECALLED.

KIDNAPPING ALLEGED. REMARKABLE STORY. WARRANT 31 YEARS OLD. The story of alleged kidnapping was ♦unfolded when Henry Ross, 70, of Lovcll Street, Sheffield, appeared in the dock, on remand, charged "That he, on October 18, 1904, unlawfully by fraud did take away a child named John William Whitnear, aged four years and 10 months, with intent to deprive John William Whitnear, the parent of such child, of the possession of such child." Outlining the case for'the prosecution, Mr. J. J. McAvoy explained that Ross was arrested on a warrant taken out in 190-1, and the offence was under Section fid of the Offences Against the Person Act. The warrant was taken out on sworn information by the father of the child alleged to have been taken away. "The father is now dead," declared Mr. McAvoy. "The police ollicer who had charge of the inquiries in 1904 is dead, as ie also the magistrate's clerk who made out the warrant and the magistrate who signed it, but, unfortunately for this man, the witnesses arc still alive.

"I was not born wlien *the facts of tliLs case took place, and I understand the same applies to one of the detective officers who will give evidence. The two principals are the defendant Ross, who is a steel joiner, and John William Whitnear, who is now 35 —the person who was taken away by Ross. "Ross, in 1904, was friendly with the parents of this man, and although he was separated from his wife he was attracted to this young boy and his brother. Often ho used to take them away 011 day excursions. Unc day in October, 1904, Ross sent to the boy's mother and asked if he could take the boy John on a fishing expedition. 'Demented Mother." "The mother gave her consent, and that was the last she saw of her boy foy five yews. A warrant was taken out by the father, and Airs. Whitncar offered £5 reward for information that would lead to the discovery of the boy's whereabouts. This notice was posted up 011 police stations and public libraries. The mother got more and more demented, and the father travelled up and down the country following clues, but could discover nothing. "111 1909 the police heard that Ross and the boy were living in Newark, New Jersey, United States. Mr. Whitncar could riot afford extradition proceedings against the man. and it was decided that his other son, then aged 21, should go y to America and identity the boy. It was there discovered .that Ross and the boy were living as father and son, under the names of Harry and John Ingle. Ross admitted that lie was the man concerned and the brother recognised the boy, but the boy had great difficulty in recognising his byother. "The American police told Ross that they could not arrest him, but that it would be better for him if lie left the town, because if the citizens got to know about what had happened lie would probably be lynched. "Mrs. Whituear, who is now married again, will tell you that when she met (lie boy he was illiterate and neglected.

Files Were Searched. "After that the affair was more or less forgotten, but the warrant was still in force, and 011 January 23 certain information was received by the police, the files were searched, the warrant was brought out, and on the '24th two detectives visited Ross, when he admitted that he was the man named 111 the warrant." Mr. McAvoy then read an alleged statement by lioss which stated: — "Mrs. Wliitnear told me that I was the father of her son John. John Whitnear knew of my association with his wife, and encouraged it. Mrs. Whitnear kept asking me to take the boy John away." Mr. McAvoy added that there was no truth in the statement that Ross was the father of the child. Evidence was given by Mrs. Jane Woodward tli,-it she was formerly -the wife of • John 1 William Whitnear and was now aged 09. She described how the boy disappeared, and how, when later he was restored to her, "It grieved her heart to see him. He appeared to be starved." She denied that an undesirable friend-, ship developed between herself and Ross, or that in 1904 she suggested Ross should take the child away. John William Whitnear, 35, a storekeeper living at Listerdale, near Rotherham, told the Court he remembered being in a ship with Ross, and being in Newark. "Looking back now it looks as if he were fond of you?" asked Mr. F. V. Scorah, defending, and Mr. Whitnear replied, "Yes." Mr. Scorah: He treated you like a father?—-Except for a time when I called him Ross, when he gave me a good hiding. Did Not Recognise Brother. You don't like this—what we are doing to-day—do you?— No. You must understand I looked 011 Ross as a father for four years and a half, and I was asked to go with a sjtranger—a brother I did not recognise. According to Detective-Sergeant Cargill, Ross, when charged, replied, "They always told me to take him away." Mr. Scorah: Who communicated with the police about this? Was it White, a nephew of Ross?—Sergeant Cargill: Am I obliged to answpr that? Mr. McAvoy advised him not to, and the question remained unanswered. Mr. Scorah: Did Ross tell you that White had been blackmailing him for some time?—No, had he done so lie might have been in the dock. Mr. Scorah: He may he yet. This concluded the case for the prosecution, and Mr. Scorah urged that what happened 30 years ago was much better forgotten. "A nephew of Ross," declared Mr. Scorah, "a man called White, thinking that the old man came home from America a man of means, pestered him for money, and when the old man was unable to satisfy this demand, then this man said. 'Very well, I will see that you get into trouble.' "Then you get the surreptitious visit to the police. It may bo that the person I have referred to may not have heard the last of this, and of his part in it, and something may be done to got him the justice which, in my submission, he ought to have." Ross was committed for trial at Leeds Assizes, bail and legal aid being allowed.