ROBBERY CHARGE

Evening Post, Volume CXIV, Issue 25, 29 July 1932, Page 8

ROBBERY CHARGE

PIRIE STREET AFFAIR

TWO MEN ON TRIAL

CHINAMAN'S STORY

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Flat denials that they, visited the Chinaman's premises with a motive of robbery,, and allegations that thpy had been induced to make written statements to Detective Haykurst (in which they allegedly admit their guilt) on the promise that a girl would not be brought into -the case, wero made by Albert Ernest Clifton, a labourer, aged 22, and Leonard Humphreys,1 a salesman, 'aged 23, at their; trial before Mr, Justice Reed ,and! a jury in the Supreme Court, The* two- accused wore arrested as a sequel to a Chinese fruiterer,l Ah- Lai being assaulted and robbed; at his premises in Pirie. street;late at night on :- 15th' July, s'rrom the witness-bos the- two accused further alleged that their purposerin going to'Ah Lai's shot, was to warn him from associating witl white girls. • ' Clifton and Humphreys were charged with robbing-Ah'.Lai of! &4, ;at the- same time"ußing violence; with assaulting Al Lai so as to cause him actual bodilj harm;.and, -thirdly, with assaulting Al Lai. ■-• -V '"''-;■-■■• ; ..- .:. . THE CROWN'S CASE. * The evidence for the Crown was similar to" that given at the proceedings in the Magistrate's Court quite recently. The shop portion of Ah Lai's premises open, on to Pirie street, and the living quarters on to Ellice avenue. 'Briefly, the evidence,for tho Crown was that as Ahi Lai, at half-past eleven at'night, was letting a, white woman, who allegedly.had been to" his place- for' immoral purposes, outof !the back-gate; the two accused,; masked and armed,-, entered and forced tho Chinaman into the kitchen. ;Ah Lai-was gagged'with a nocktie;, his»arms -we're tied- behind his back, and • the 'evidence was .that: he. was knocked to; the* floor ;by the two .men. While 'one of 'the men stood guard over him: the-other rqbbed his 'till,- taking about-'£4.' 'As this was going; on,; Ah Lai heard a knock at the back-.door ; of th'e r premises.: One of the men, it .was alleged, answered ' the knock,. and Ah Lai heard him talking to a" girl.- They left-him tied up, and'after the men left he'could'istill ;hear them:talking to a woman-outside. ■■ X..' / ■ ' The Crown Prosecutor, concluding" his outline of the case, said;that the two accused..had:;made, statements; admitting; their guilt. ■ ..'!,.";',i:''.. ; : ;Ah.Lai gave his "evidencb through an interpreter, and; counsel for. the. accused also conducted his examination, through the interpreter,': although 'lor -a- brief period he endeavoured to: do' without the.services of .the.interpreter. : •■■; Beplying. tor counsel Ah Lailsaid'ho was,;thirty-six, and was s married, his wife, living in.China., The.girl he was letting: put- of the gate when' the two mpriscsiine da had' been.;to: his ipremises earlier <in the day Soliciting, i Her name waa .Peggy, ?and he paid her 9s.' He did notrremember one of the men, when they • came :through -the1 gate, asking him what righthe, had-to have a white girl otti the premises. ' .-'•■ r.' 'Counsel: f 'Isn 'it "it a fact .that ho irainedjately became > frightened, and-'he himself "attacked i these, men?''- '. !. . The interp'retorj;'.<He: says;,*no.*•"'• '."Dp.es he remember'the men-saying before, they ■ iW-ent: away stha^iif = 'there -is 'any- mbire. .of ithis- wte'lil iiifcrm tfie jJolicef.»''—'<Hov -says-; v-iiothin&-; was ■STATJESMENTiaM^EOTIVE^ Detective F-Hayhurst said ihat in companywith Detective .Smith he liter•Tiewed the. aecuse4;ori;i6th-July. •'(' Before the- detective produced the statements .h'e t ;?aid were ..made ,by -the accused;' }. poufiself ?for the., accused: :^as given:' permission to cross-examine'the I witness, on the 'circumstances under which-;th,e/statements; .were ,made;" ?The suggestion iriade by cWnsel,.-' acting under instructions,, was /that Detective Hayhurst held out .the inducement to the Vaccused thatuif they made: statements admitting, their guilt "he would notput the girt'tip." Detectiye,, Hayhurst,: with : sbme emphasis,,. declared that. the statements Were made freely' and ypluntarily by the' accused without a;ny 'inducement' or promise on his part.' ■ '■■-■■• :--: >> .; i : At^a', later-stage'of. counsel's crossexaminationjvafter^ explaining. in some detail .how first Clifton, ' and" then Humphreys, had . each inadp a': statement, Detective Hayhurst said he told Humphreys, at.;the time,that he had. no evidence'upon Ayhich to charge the girl ;Peggy Johristpnp.1 ' ■,; '. ' ' ; SUGGESTED DECOY. •, Detective Hayhurst also added that the girl,- in Humphreys's presence, had asked, what was to' prevent' her from going to. Courtj swearing that she was the' girl at the Chiiiamanfs shop, and that the two men who came to the shop were nof the accused, and in that way get the 'accused'out'of it. In answer to'another question, the detective said that quite.definitely he had since formfid the idea that the girl might have been a decoys He had no. evidence to charge,the girl; if he : had he would certainly; have .charged; her.. - - ; - . . , ; .r;,.;-It\wM--snbniitlied":-ijr:--c6nnßd-'tnatj.-on

the evidence, there-was the suggestion that the statements were not-, obtained in the ordinary - way,; and that ■ they should not be admitted as evidence. Mr. Justice Beed: "I think -they should be admitted." Eeplying to ,his ..Honour,..JJetective Hayhurst said that "before; the accused made their statements" ho had' giveii each a formal warning and that was included in their statements. ' "As amatter of fact," he added, "in this particular case I was over-anxious to comply with everything; on account of knowing one of the accused." The detective then read the statements, in which the accused allegedly admitted the offence. of robbery with violence. ' ' \ '..-' - -. < Continuing his' evidence" to-day, Detective Hayhurst said that on 17th July he found a portion of a" rifle barrel in the. yard at the rear of the house in which -, Humphreys and the girl Johnstone. were . living;' Humphreys had asked him if he had searched the-backyard and if he had found anything. Eeplying to counsel,for, the.accused, Detective Hayhurst said; that the girl denied to him that sho was. ever ,• at Ah Lai's shop, although Ah Lai had identified her as the girl. No other witnesses "■were; called by the Crown.' ' . ' ' ' _ - EVIDENCE FOB JJEFENCE. In stating, that Clifton, Humphreys, and the girl would give evidence,: counsel for.the accused said it was not-sug-gested that Miss Johnstone was a saint, The defence was that Humphreys aiuLthe, girl, were :abbut tobe married, Believing that the girj had gone to.Al Lai's -premises,' Humphreys,' in companj with CliftonV went-up-tb Pifie streel for the purpose 'of telling Ah'Lai thai if he/associated with: the girl again he would see that the police were in formed. It -was alleged that wher the accused; taxed Ah Lai with having had a "white.girl' on, the premises, At Lai immediately attacked the accused There was a fight in the kitchen, anc Ah .Lai- was hurt. : ;After.giving. Al Lai a warning, the evidence, was tjial the' accused left 'without taking' anj money. So ■■ far as; the girl is co"n cerned,' the 'evidence Was'that'whei the men 'entered, the .gate she, .wai pushed ' aside, and, becoming' frighten ed," Tan away. •".-'' ■: • ' •'■ CHARGES AGAINST DETECTIVE. Albert Ernest Clifton alleged' in th< witness Jiox' that ■ Detective- Hayhurs' had Baid to him ttiat if he was half s man he would make a statement, am that - also if he-did the girl ■; would 'b< left ,out ,of, the case; ;i r.The statemen he made to the dete.ctiye, -was untrue Cliiton made thiefurthe'r'allegation tha his ' statement- was 'suggested 'by thi detective. ;■ ;>.:',-• ,'..'•'';; ,'■•<'■--■■''■■•; ' The. Crown, Brosecutor asked Cliftoi if he realised;he was making serioui charges against a detective ; with :ai honourable -career, 'and Clifton said hi did.-:. : >!■■).■;■■■[:': ■:<. : ;/ : l ;:■ , 1 Taking tho statement of the accuse* almost, line for .line, the Crown. Prose cutqr. put" a "seri'es'iof" searching ques tions to. Clifton; , .- ■ ,-. i More than • once his "• Honour ,'.wa moved to. advise Clifton' not to ■ dodgi the questions! • After "some furih* answers by; the accused, .his " Honou added: "Toui must think there are "; lot of children, listening'to you,- wit ness.?'-. . ..,,..-:'. ' ■- •• ■-:■ •...-.• - • • Later his Honour'asked Clifton if :h had. told the', detective -that-the' reasbi he and Humphreys wentt'to.'Ah Lai' premises was with a' view to stoppinj the girl going; there. ■,' : • • Clifton:'''No; The .detective seemei to think that >h'e'-.'had' some ;evidencp, t put the girl in-gaol.."' . v , His -Honour: •" Oh, don't talk > rion sense." ■ ~ ■ -. -; .'.■' : ..•■:" Whon Clifton left the -witness vbos at;-;his H6riour's-;request> ■ Ah- Lai j wa asked, to vstand alongside both accuseon the floor of (the .Gourt ; withtavviei to sho wing ilie. smallness of the. Chines .compared with' the .accused.^- : ', "the ?osrnK»r;iß this, len^-.* Huinphr.eyi,v,on-v bath,, also; j allege that. the. statement he-made"-to, the d« tective;.was untrue.: "Ho'alleged tha Detective> Hayhurst said, to him:.''.Th position is this.vLen," unless you mak a statement, I'll put' the girl■ up.'?• •' The Crown Prosecutor asked the ac cused why,hei fixedithe sum- mentione in his statement-a5,225.6d.- • • ■ \ Humphreys: "The' detective^; sai that the Chinaman' said, about .£4 ha been 'taken, and. that he^wduld'have. t put down ■something." ■'-:_ .'.. There, was/laughter at7 this; aiiswe from the bystanders at the-back of th Court.. ',:::,: V;' ..■.-.". _■./;. ;■;, • •;■• The Crown Proßecutor: "Do -yo seriously ask1 the jury to-believe that?.1 —"I. do.- That is the truth." , Both accused denied -that; they, wen to Ah Lai's wearing -masks;-' * - • •'•■'. THE GIEI, IN THE CASE. The ...girl; who -had ;bee'n referred 'i as Pe^gy Johnstone;- was ;next r.calle< She said her name was Margaret Jbhi stone, and that she was nearly 21', yeai |of age. Keplying to . counsel rf or th Accused, she said;:shß;hadn6t,beeh In ing in- Webb] street' with "Humphrey as man and; wife, although she ha been living in the'same house andiisin his name., ' - : ' " His Honour: "Have you been livin with hiin'as man.and wife?" .... Witness-said they had: been living" i different rooms. ■:.". ' .'' Counsel for the accused suggests that there, might be some ; nusunde< standing. '■■ ■ ' .;• His Honour (very pointedly): *"6i I don't thinksb." , j . . , His Honour asked the question agai and this time the girl replied tha* sh