THE WESTPORT MURDER CASE

Greymouth Evening Star, 9 October 1908, Page 4

THE WESTPORT MURDER CASE

THE SMUGGLED TOBACCO. HAAKONSEN FINED. SOME STRONG COMMENTS. [BY TELEGRAPH —SPECIAL TO TUE STAR.] WESTPORT, This Day. During the hearing in. May last of the .murder charge against Hallinen and Andersen a mention of smuggled tobacco alleged to have been supplied to 80-nrke for sale was suggested by Connelly as the motive for the crime. Haakon Haakonsou in giving evidence admitted the sale of 501 b of uncustomed tobacco (supplied to him by the Captain of Iho barque Tacora) to Anderson after the Nelson trial (when Hallinen and Andersen were convicted of manslaughter). The Customs Department laid an information against Haakon sc u for dealing in tobacco The case was adjourned till after the perjury proceedings at Hokitika in which Haakon sen was the nominal informnant. The case came pu to-day before Mr Dawson S.M. 'Andersen was called by the prosecution who,.deposed to buying tobacco front Haakonsen who told him be had £iyon money to tin l Captain of the Tacora. The Court having given Andersen a certificate of exemption from prosecution for the tobacco offence, counsel for Haakonsou then pleaded guilty. Counsel unsuccessfully argued that Iho Magistrate had the option. jit hying the amount of the liine. i\lr flawsaid that the defence having pleaded guilty there was no doubt lie whs, liable for treble amount of the .duty. The Court had no option but the case was one in which the penalty should be reduced as provided. if the Captain of the Tacora came before him lie would not treat the case leniently. The 'Captain had apparently been guilty of a. grave offence. Haakonseu bad been made a calspaw and in their relations of captain and cook, Haakonsou had not much option in tho matter. The treble duty on the tobacco would be £45. He would impose a reduced fine of £ll 5s with £1 10s costs. Tho Hue was little more than tho duty payable but probably the revenue had not lost much as the bulk of the tobacco had been dumped overboard. Counsel for tho defence stated that now the case was over he wished to say that the proceedings by the Customs Department which had been egged on by some person or persons unknown was scandalous. If such a course of action was repealed justice might easily bo imperilled. Two mens lives were at stake. This smuggled tobacco was suggested as .the motive for the crime. Haakonsen had boon dug out of tho backwoods and to assist in seeing justice done to men who afterwards were proved entirely innocent. Ho had made a full, free, frank disclosure of liis illegal tobacco transactions. Proceedings wore taken against him and ho was convicted on Ids own evidence. In giving fids evidence at, Westport and Nelson ho was entitled to the protedion of the Courts in investigating the truth in the graver charge, but ho did not receive that protection technically. It might have been justice to proceed against him but under the extraordinary circumstances counsel thought the action of the Department was outrageous. Ho thought the matter was one that should bo brought under the notice of the Minister of Justice. Future cases might be affected. His Worship said that if any injustice had been done to I Haakonsen Iho matter could bo brought before tho proper authorities, there was a provision for remitting fines under certain conditions. The •Collector of Customs said Iho proceedings were inslitnled when Haakonsen s depositions in I lie murder charge reached Wellington, The Tacora (from which t lie tobacco was obtained) was liable to forfeiture. Counsel for the prosecution said the proceedings were not originated by the Collector but ho acted under direct instructions from Wellington. If (lie vessel wore here (ho captain would bo proceeded against! If such wholesale smuggling were carried on Die revenue could not bo protected. His Worship said tho law was so stringent that defendant would have to be imprisoned (ill Iho amount of the fine was par'd. Haakonson’s solicitor paid the fine immediately. Hallinen 1 ami Anderson are now in Westport ; and expect tho State to compensate them in connection with their imprisonment.