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NZ Truth, Issue 151, 9 May 1908, Page 8

Mr O'Halloran : There was a threat to do bodily violence. Mr Kirby (to witness) : The letter was received on a Friday,' and on the Mon-' day night you knew.who had written it ? —Yes. You sent the other letters to keep him on a string ?—Yes. Then you handed the affair over to the police ?—I thanded everything over to Mr O'Halloran. Mr O'Halloran : Did you know on Mon-, day night that accused was the writer ? —Yes, you told me^that he had been to the fish shop to get the letters addressed to "Charles Clarice." Gregory Lucas, the fish shop proprietor, said he had known the prisoner for four years. He had' claimed the letters which came to his place for "Charles Clarice." On Thursday night he had come m the back way, which was unusual for him. He received a letter which he opened, and made AN EXCLAMATION OF DISGUST when he read its contents. Detective Commons said m company with Detective Cahill and Plain-clothes Constable Currie he had watched accused's, movements, and aft(r he had received the letter on the Thursday night, 9th inst., they followed him to his home m McCrae-street, where he ' first denied, but subsequently admitted, having made an attempt to blackmail Mrs Lansell. Letters signed "E. Lansell," which had been forwarded to the fish shop to "Charles Clarice." were found m his pockets. He thereupon made A CONFESSION OF HIS GUILT. • Hei denied that he had any accomplices. He' said his wife was not aware of what he had done, although she knew he was expecting money from some mysterious source. A blotting pad (produced), was found m the prisoner's room. With the aid of a mirror certain words were discovered on the blotting pad identical with those on the blackmailing letter. Witness asked accused why he had done such a thing, and the latter had replied, "My God, I don't know what came over me. 1 was desperate, and I wanted money to pay my debts. I have suffered terribly since I did it. I saw Mrs Lansell going into the show grounds yesterday, and I felt inclined to call out after her and confess." Witness then inquired if there was any truth m tlie things he had written, and he had replied there was not. He had no personal knowledge of the allegations. He had heard RUMORS ABOUT THE TOWN, . and he thought he would make use of them to get a, little money. Accused was thlen arrested and taken to the watchhouse, where he 1 made a written confession bearing out his statements. Mr Kirby : Is it not a fact that you had him under the whip for three Hours ? —Yes. You got out of him all you could ?— Yes. % You have read the letter he is accused of writing ? —Yes. Well,, tell me what portion of it you think contains a menace ? Mr Moore, P.M. : I cannot allow that question. Detective Cahill and Plain-Clothes Constable Currie gave corroborative evidence. That closed the case for the prosecution. ' For the defence, Mr Kirby asked the Bench if they considered there was a menace within the meaning of the Act ? It was not every letter demanding money without reasonable cause that came within the scope of the criminal law. It was avery 1 detestable thing to do, but the question was whether there was sufficient intimidation to induce any ordinary person to meet the demand made. He quoted authorities to show that threats made must be of such a nature as to compel the law to^ regard them seriously. A demand for money, 'to come Within the meaning of !Jhe Act, must be accompanied by duress. Not a threat of duress, which remained unfulfilled, but it MUST BE ACCOMPANIED BY DURESS, or, failing that, the threat must be of such a nature as to overcome the ordinary will of a free man or woman, or to intimidate them. The letter accused had written was a silly, nonsensical thing, Mrs Lansell had nothing to fear from the threats made, nor was she' intimidated. The letter was undoubtedly a very detestable one, but it was also a very puerile one. Could they imagine anything more ablurd than a man like the accused publishing at will unfounded allegations m a registered newspaper Mr Moore, P.M. : Yes, but the letter "goes further than that. It says here (pointing to the document before him), "I will make your life very miserable, or I will have revenge either on your beauty or something else" The Bench consider it is a case to send to a jury. Mr Kirby: Very well, your Worship. We will reserve our defence. The accused was then committed for trial at the Criminal Court on June IC. He was liberated on bail.