LIBEL CHARGE.

Auckland Star, Volume LXVI, Issue 127, 31 May 1935, Page 8

LIBEL CHARGE.

TE AROHA RAID.

DEFENDANT FINED £25

ALLEGATIONS WITHDRAWN.

a ENTIRELY UNTRUE."

(By Telegraph.—Special to " Star.")

WELLINGTON", tliis day.

Keen public interest was taken in the hearing of tho charge of defamatory libel brought against Albert Edward Robinson, of Auckland, editor of "Farming First," by Ward George Wohlmann, Commissioner of Police. Further evidence concerning tho charge, which arose from a raid carried out by the police at To Aroha, was heard yesterday afternoon and to-day. Tho caso ivas heard beforo air. W. F. Stilwell, S.M. To-day, after tho Commissioner had given evidence, defendant's counsel ( announced that lie wished unreservedly to withdraw tho allegations against the Commissioner, and that he would plead guilty to tho charge. Defendant was convicted and fined £25, with costs, in default one month's imprisonment. His Worship said it was abundantly clear that tho allegations against the Commissioner and against the two Ministers were entirely untrue, and that there was not the slightest justification for what appeared in the article. A feature of the case for the defence Was that two aiinisters of the Crown wero summoned to give evidence, air. 0. A. Sexton, who opened tii2 case, explained that it was contended that aj Minister of the Crown interfered with the law by wrongfully interfering with the Commissioner of Police in his duties. Immediately after the raid by the police on the Alasonic Hall, where a Calcutta sweep was being conductcd at Te Aroha, several persons present rang up the acting-Prime Jlinister, air. Coates. • air. W. F. Stilwell: Will you bring fevidence about that matter? air. Sexton: Not about that. The Magistrate: Then you cannot ■•efer to it. air. Sexton: air. aiacmillan arrived in Te Aroha on the morning after the raid. He rang up air. Wohlmann, and found he was not in Wellington. He left a message for air. Wohlmann to telephone him urgently. He also rang Mr. Cobbe, the aiinister of Justice, and informed the parties concerned that no action would be taken until ho got back| to Wellington. Mr. C. A. L. Treadwell, plaintiff's counsel, objected to the introduction of a conversation not having the slightest connection with his client. "A Pretty Wide Net." Tho magistrate commented, after a discussion of this point, that air. Sexton was "dragging a pretty wide net," and he had been told before it would lot be allowed. "I will not permit this to develop into :i general discussion of something following some political ambition, entity or thought," said the magistrate. "You know as well, as I do that we cannot Allow that sort, of thing." Charles C. Macmillan, aiinister of Agriculture, was called by the defence. He said To Aroha was in his electorate. He attended the local race meeting. When the raid took place lie wa3 travelling on the Limited express. He was unaware that a Calcutta sweep was held, but knew it had previously been conductcd. Probably he had attended two himself. When he arrived in Te Aroha the day after tho raid it was mentioned to him l>y several people. air. Sexton: As a result did you do anything? . Witness: I tried to communicate with Air. Cobbe, but failed, because he was in Feilding. Did you do anything more in connection with the raid?— Yes, I rang up the Commissioner of Police, stating that I understood there had been a raid on a Calcutta sweep, and asked him what was tho general practice. Witness, asked for further details, said these people considered they were being singled out by the ' Government, which they blamed, and not the Commissioner of Police. They took up the attitude that Mr. Wohlmann was acting under Government instructions in making the raid. What did Mr. Wohlmann say?—He completely misunderstood, because he said he had five other prosecutions pending He could, not have heard mo properly when I asked him the practice. Do you know that holding a Calcutta sweep is against the law 1 Yes. Action Not Queried. Why did you query tho Commissioner's action? —I was not. I was askin « for the benefit of the people of Te Aroha, who wanted to know if action would be taken. Did you ask anything else? Mr. Treadwell protested against a line of questioning which, -he said, Bought to cloud the real issue. Mr. Sexton (to witness): Can you tell us what you said? The Magistrate: I cannot see that this has anything do with it. The witness is your witness, you know. Air. Sexton asked witness to explain What Mr. Wohlmann said. air. Macmillan replied that the Commissioner of Police subsequently told liim he thought witness was referring to raids on bookmakers. As a matter of fact there had been three in Duncdin and two in Oamaru. What was your comment to Mr. Wohlmann?—l made no comment. I '.vas satisfied he did not understand my •)uestion. I want to know what you said to him \bout the raid? —I don't think I said anything. We may have had a general conversation, but I don't think about anything of importance. He was explaining they were raids on bookmakers. Did he say anything in regard to Te Aroha?—Yes. He had decided that the ends of justice would be met by prosecuting the promoters. There was no interference on my part in anj' shape or form in making that vlecision. « Why did you sec Mr. Wohlmann on the second occasion? —I wanted to know what action would be taken, Te Aroha is in rcy constituency. Did you get in touch with air. Cobbe after the raid?—-About a week after I came back to Wellington, and saw air. Cobbe. Did you tell Mr. Wvlie. president of wrVi aCing club> that y°« bad seen ilr. cmlmaun and that no action would "o taken!

Improper Question. Mr. Stihvell: I have already ruled that this kind of question, cannot be put. Mr. Macmillan: I have no objection, i Mr. Stihvell: But I have. Witness, answering further questions from Mr. Sexton, said his object in telephoning Mr. Wohlmann from Te A'rolia was to seek information. Everyone was asking for it. Mr. Wohlmann said that in the ordinary course it would be impossible to take action within a week. He had to get a report from Lis inspector. Asked to explain why tho Commissioner mentioned a week, witness said the second day's racing was coming on, and the persons whose names were taken wero concerned as to whether they would be unable to go on a race course if convicted. He could understand their nervousness over the second day's racing. Mr. Sexton: I want that answer repeated. Mr. Stihvell: This is not the place to Jill lip the newspapers with a whole lot of propaganda. I am not going to have this Court turned into a propaganda arena. I have put it down, that is the main thing. Examined by Mr. Treadwell, Mr. Macmillan' was asked: Did you exercise, particularly or generally, the judgment of Mr. Wohlmann as to how lie should act in connection with thry raid?—Xo, not in the slightest. ' Justice Minister's' Evidence. Another Ministerial witness subpoenaed by tho defence, John G. Cobbe, Minister of Justice, said the Te Aroha raid was brought under his notice some time afterwards. The Commissioner, lie understood, had a list of the men present, but witness was not interested. Subsequently, meeting Mr. Macmillan, ho jocularly asked him if lie was there. The Police Commissioner told him the police had raided a Calcutta sweep at To Aroha and taken a large number of names. Apparently the whole district was represented, and a summary of occupations showed a large number of labourers. There had been raids in Christcliurch, but the list of persons arrested had not come to him. Mr. Sexton asked why the Te Aroha list went to the Minister if the Christchurch list did not. Mr. Cobbe replied that it was brought by the Commissioner, but he had no opinion to offer. All cases were not referred to him before prosecution, but the bigger ones were. Mr. Sexton: Who makes the ultimate decision to prosecute? Witness: If the Commissioner thinks a prosecution is justified he takes it. I may offer an opinion, but I certainly don't tell him what to do. Am plying this reply after further questions, Mr. Cobbe explained that lie was in charge of the Justice Department, and liked to-see what was going on. Important matters were referred to him for his information. The Te Aroha case was unusual, as it was the first time he remembered a prosecution in rcspect of a Calcutta sweepstake. Mr. Sexton: Did you discuss the matter with Mr. A. J. Stallworthy? Witness said the member of Eden was in his office, but he could not recall what was said. Further questions regarding this conversation were stopped by the magistrate, on Mr. Treadwell's objection that his client was not present at the time. Mr. Treadwell, examining witness, asked, "When Mr. Wohlmann told you of the raid, did lie say his information was that a large number of people simply walked in and out of the hall?" Witness: Yes. Did ho tell you it was impossible to say whether they were innocent or not?— Yes. They were going in and out. There was a crowd, some coming from curiosity. Did he tell yon he had come to tho conclusion the ends of justice would be served by prosecuting the principals? — That is so. That ho was satisfied tho police were not justified in bringing 200 people to court when he wan satisfied a large number were innocent? —Yes, Counsel: Mr. Wohlmann instructs me that he made his decision, and you jlid not interfere. Questions About a " Calcutta." Mr. Sexton questioned the Minister as to what constituted the principals in a Calcutta sweep, but failed to elicit definite information. Mr. Cobbe laughingly explained that he yielded to no one in his ignorance of Calcutta sweeps. In addition to the Ministers who gave evidence, witnesses called by the defence included Stanley. Wylie, of Te Puke, who stated that he was convicted of using tho Masonic Hall at To Aroha. as a common , gaming house, and, with another man, was fined £20 and costs. Tho sweep was conducted by them witfi four men from tho audience as scrutineers. He knew a large number of those present. Trainers, horse owners, Government officials, bankers, insurance agents, and railway and postal officials were present. "Practically tho whole town was there," added witness, who volunteered the information that ho did not then know sweepstakes were illegal. Witness was asked to repeat the conversation he heard between the Minister of Agriculture and the president of the racing club. Mr. Treadwell protested that this was getting beyond reasonable limits, counsel discrediting his own witness. Defendant's Evidence. Albert Edward Robinson, the defendant, gave evidence that the article quoted in the information was written by him, but when published it differed slightly from his manuscript. The words "not to prosecute," wero in inverted commas when he wrote them, but the commas were not printed. He (lid not know the plaintiff. Mr. Sexton: What was the state of the public mind in regard to the nonprosecution of these men at Te Aroha? Mr. Stihvell: He can only give his own impressions, but cannot give a description of the public mind, ne might t>3 dealing entirely with farmers, and might .have a bias entirely favourable to tho farming community. When Mr. Sexton persisted in that lino of questioning, the magistrate again intervened, declaring that that evidence was useless. Air. Robinson stated that he had communications from a number of people, including correspondents, who wrote offering funds, as they thought the prosecution was an arrangement. When ho found Mr. Macmillan had not attended the sweepstake, ho immediately wrote a correction and suspended distribution of tho remainder of the issue until it was inserted.