NO BAIL

Evening Star, Issue 20309, 18 October 1929, Page 6

NO BAIL

GREY EXTRADITION CASE PROOFS OF IDENTITY CITED [Pen Uhitbo Press Association.] AUCKLAND, October 17. An appeal to the Supreme Court to grant bail to John Grey, tho Helensville land agent, who was recently arrested as being A. B. Crouch, a fugitive criminal from Texas, on a charge of committing extensive forgeries on banks in 1916, was refused by Mr Justice Herdman in Chambers to-day. Mr Rogerson, for Grey, said the application for bail was based on the grounds of the extensive interests of innocent parties which were going to be jeopardised to the interests of Grey’s wife and three young children, and to accused’s own personal interests, owing to the peculiar nature of tho business he carried on. Ho had a considerable interest in equities and in second mortgages over a wide area, and had assisted many clients in land transactions. His Honour questioned the relevancy of these matters. Mr Rogerson admitted that ho could not instance any case of a man taken in custody under the Extradition Act who had been granted bail. His Honour: The first thing the court has to consider in a question of this kind is tho safety of the accused. Mr Rogerson said he had a. petition signed by representative land agents in Auckland asking that Grey bo granted bail, because they knew how important it was in his business. Surely the fact that a man was exceedingly well known would bo relevant, as showing tho difficulty ho would have in escaping His Honour: Ido not know. So many might be anxious ,to help him, Mr Rogerson said accused was anxious and willing to comply with any conditions that might be imposed on him.

His Honour: I do not suppose there is any difficulty in seeing him in gaol? Mr Rogerson said there was. During tho short period ho had been in Mount Eden Gaol he had had interviews with no fewer than fifty solicitors. When counsel himself rang up the gaoler told him he would be the thirtieth solicitor to seo Grey that day.

Mr Meredith, who opposed tho application on behalf of the Crown, submitted that the Supreme Court had no jurisdiction, all under tho Extradition Act being given to magistrates.

Replying to the judge, he said the crime was a serious one. Two hanks had been defrauded of £40,000, but in spite of all the machinery of the American ’police, the man had been able to make his escape. There had been found in accused’s poisession a most elaborate cable code, which had been used by Crouch. As an example, “ pound ” meant “ meet Edith in Yokohama ”; “ shilling ” meant “meet Edith in Sydney”; “dollars” meant “ meet Edith in Nicaragua.” Edith was tho name of Sirs Crouch. The ‘Police Gazette,’ containing a description of tho man, said that cue good place to look for him was in a Presbyterian Church, as it was characteristic of him to throw himself devotedly into church work. Accused had associated himself with the Presbyterian Church in Hclcusville. He was apparently denying that he was tho man. Against him there was the affidavit of a man who had known him for twenty-five years, who was positive he was Crouch. It was stated in tho description that Crouch had a livercoloured birthmark under his left knee. Detective Doyle, when arresting him, suggested that ho should put on clean linen before going to gaol. He accompanied Grey to his bedroom, and saw what he wanted. Ho said to Grey: “ You did not get the birthmark removed from under your knee.” Grey pulled down his shirt and said “ You have no right to be examining mo now.” The American police obtained through a relative of Mrs Crouch in Texas a photograph of a man, and of a house, purporting to bo photographs of Crouch and his home. These were photographs of Grey, or whatever he liked to call himself, and of the house in which ho had been living in Helonsvills for some years. in face of such absolute proof of identification it was significant that Grey was brazening the matter out. New Zealand was an easy country to get away from. The police felt their responsibility so keenly that, while he was on bail, they had three officers detailed to watch him throughout the whole twenty-four hours.

His Honour said tho point had been made that the court' had no jurisdiction, but bo preferred to deal with the matter on other grounds. Taking into consideration all the facts that had been brought under his notice—the gravity of the offence, the circumstance that he had been identified by an officer sent from the United States, that photographs had been- produced that point eel to his identity, that a birthmark had been discovered upon his limb—all pointing to tho fact that this was the man charged, and that ho bad a code which would enable him to communicate from hero to people in America, he came to the conclusion that tho_ magistrate had exercised his discretion wisely in refusing bail, and that he should not interfere. The summons would therefore bo dismissed.