CHARGED WITH CONSPIRACY

NZ Truth, Issue 685, 27 July 1918, Page 3

CHARGED WITH CONSPIRACY

SENSATIONAL STORY FROM SYDNEY

Alleged Attempt to- Bribe a Detective

Some Extraordinary Stories Told

An extraordinary story, of which no doubt quite a lot more will yet be heard, was recently unfolded m the Sydney Central Police Court, when 'three Jews, Harry. Levy (54), a billiard-room proprietor, Burnett Fienberg (55), a secondhand dealer, and hla son, Jacob Fienberg (27), a jeweller, were charged with conspiring to defeat the ends of justice. It was explained that Jacob Fienberg was on June 18, convicted and sentenced to two years' imprisonment on a charge of receiving stolen property, and the principal witness against Fienberg was a man named Philpott. It seems that on August 4, 1917, a burglary was commit-, ted at the shop of/ one Morris Goldberg at Newtown. Philpott and Sutherland and two others were the burglars and the jewellery they stole was subsequently sold to Jacob Fienberg, and it was for that offence that he was subsequently tried and found guilty. On August 16 of the same year, Philpott was arrested and two months later he was tried and convicted. About a fortnight later Philpott made a statement to Detective Leary, and following on that Fienberg and Philpott were confronted at Long Bay. prison. The outcome of this was that Fienberg was arrested. In the following March, Fienberg was placed on his trial and THE JURY DISAGREED. • Detective Leary had charge of all these cases. It would be proved that, following on the first trial, the three accused set to work to devise some means to prevent Philpott from giving evidence at the second trial. The plan that they ultimately decided on was to try and bribe Detective Leary to use his influence to silence Philpott at the second trial. When the two Flenbergs were arrested j>n June 5, and charged, the younger man said nothing, but the father inquired the nature of the conspiracy, and the arresting detective said: "It is alleged that you and Jack (Jacob Fienberg) gave £100 to Harry Levy to hand to Detective Leary as a bribe m connection with Jacob's case." Barnett Fienberg declared that he knew nothing about it, and Jacob Fienberg placed his finger over his lips and said something to his father m a low tone. On the way to the station he turned round to his father and went through the same performance. When Levy was arrested the same day he wanted to know what it was he had done. "Tell me something about It," he said. The nature of the charge was explained to him, and he said "I know absolutely nothing about it. I never gave anyone £100 and I never spoke to Detective Leary about the case." He was taken to the station, and when the warrant was read over, he said, "I know no more about it than Adam!" Quite a number of detectives gave evidence m the case, and it seems that the elder Fienberg was lavish m his promises of .presents to the detectives providing that Detective Leary, who had charge of the younger Fienberg's case, could be brought along to him. The evidence of Detective Leary, however, explains the nature of the whole transaction. This officer said that on August 16, 1917, he arrested Philpott m connection with a burglary at Morris Goldberg's, Newtown, and charged him and a man named Sutherland. The trial was concluded on October 18, and both men were convicted and sentenced to long terms of imprisonment. On August 31, Philpott MADE A STATEMENT to him, and In consequence of this he confronted him with Jacob Fienberg, at the Long Bay prison, on November 1. After that interview he arrested Fienberg and charged him with receiving the stolen jewellery. The hearing commenced on March 18 and 19, and the chief "witness for the Crown was the burglar, Anderson Philpott. The jury disagreed, and Jacob Fienberg was bound over to stand his trial at the next sittings of the court. Fienberg's second trial commenced on June 13, and concluded on the 18th, the result being that he was convicted and sentenced. Philpott was a necessary and material witness, and gave evidence at both trials. Coming up to the present matter, Leary said that on the occasion of a trial at the Darlinghurst Courthouse he saw Fienberg at the court, and during the

day Detective Keefe told him something, and on the following morning they had an interview with Superintendent Walker at the Detective Office. Following on this, Detective Lynch gave him certain information, and he had other interviews with the Superintendent. After finishing duty on May 6 he went TO A COFFEE-ROOM m Elizabeth-street, and saw Levy there. On finishing his refreshment, he got up and walked to the pay counter. Simultaneously, Levy approached, bid him good-night, and walked out beside him. On reaching the street, Levy said, "Did Lynch mention to you that I wanted to speak to you?" He answered, "Yes." Levy said, "Well, Leary, you know me a long time now, it must be nearly 20 years." He replied, "Yes, I should think it is getting on for that time." Levy then said, "I want to speak to you about Jack Fienberg's case. Both he and his father have asked me to get m touch with you to see if something cannot be done. If you do them this turn you will be well paid. There will be good sugar m it and nobody will know." Witness said, "Don't keep me too long, I want to get to the railway to see a train off." Levy said, "I won't go into details , tonight, but I can tell you they want you to twist Philpott, the chief witness m Jack Fienberg's case." Witness asked, "HOW DO YOU PROPOSE I go about It?" Levy said, "The better way would be for me to arrange for Barnett Fienberg to see you, and he 'will give you all particulars." "Very well," said witness, and left Levy. Following on that, he reported to Superintendent Walker, he saw the Crown Solicitor, and received certain instructions. On 12th of the same month he went away on leave, and returned to duty on the 2Cth. On the morning of May- 27 he was passing Barnett Fienberg's shop, and the latter, who was standing on the footway, said to him, "Harry Levy told me that he spoke to you about. Jack's case." He replied, "That is quite correct." Fienberg said, "Well, I would like to have a. talk with you privately somewhere. I have been told that you are a married man, and that you have a son, so you know what it means to me to get Jack out of trouble. I WOULD PAY ANYTHING. Would you meet me somewhere and I will have a talk with you?" Witness said, "Yes, I will meet you," Fienberg said, "Very well, I know where to pick you up. I will let you know when and where later on." Next day witness was passing the shop m the afternoon, and Fienberg said to him, "Will you meet me to-mor-row morning m Hyde Park at 11 o'clock." Witness agre^B and kept the appointment, and they sat together on a seat. Fienberg opened the conversation by saying, "It is quiet enough here. What I want to know is will you get Philpott, the witness m Jack's case, not to answer questions put to him by the Crown? A solicitor has told me that if he refused to answer questions, the Crown cannot go on with the case, and Jack would get out of it." Witness asked, "How do you propose I go about it?" Fienberg said, "Well, these fellows will do anything for money, and I am prepared to GIVE YOU £100 TO FIX HIM. Although he is m gaol, a. good friend outside with plenty of moi_ .- -can do a lot for him." Witness askeJ: "Has it occurred to you that I would be committing a very serious offence?" Fienberg replied: "But nobody would know apart from Jack, Harry Levy, and myself, and you can trust us." Witness asked, "Am I to understand then that you are prepared to give me £100 to give to Philpott, provided he doesn't give evidence?" Fienberg replied, "Yes, and- if you do it I will ask no questions, and I will give you a better present than that." Fienberg then went on: "While you are here I want to ask you. did you receive £100 m connection with this case some time ago from a certain man?" Witness replied, "No, I did not." Fienberg said: "Well, there was £100 given to a man at his request to give to you, and he afterwards said that he handed it to you." Witness asked: "Who ia the man. It is a matter that la very easily cleared up by bringing us face to face?" Fienberg said: "I

will be very pleased if you do." Fienberg said: "I will get into touch with you later on, and let y,ou know where I will meet, you, and "if I don't turn up, Harry Levy will. I think it will be better for him to handle the money, "because he spoke to you first." An ; appointment was fixed for 12 noon, punctually witness made his way to. the Domain. As he approached, he noticed Levy and Barney 'Fienberg' standing on ■the corner.- of College-street', and St. Mary's Road. He bid them good day, and continued, oii through the Domain gates, and stood about ,20 paces from the entrance. Shortly Levy walked "past and said: "Follow me." Witness did so: at a distance of about 10 paces, and Levy led the way to a seat behind a rose. bed. Levy said: "It is quiet enough here and I am going to hand you the money." With these words he proSuceed a bundle of notes, and counted out eight £10 notes, and four £5 notes. Their he said: "Now, before I hand you this money I consider I am entitled to £10 FOR MY TROUBLE. You know I cannot ask Barney for any, because he is a friend of mine, and this is the only chance I have of getting anything." Witness said: "I understood the amount was to be £100, and I thought that you were a man who could^-be trusted to hand that money over; but you are not starting off too well." .At this Levy pushed the £100 into witness's hand and said, "It is all right; I wasn't serious." (Witness here produced the money tnat was handed to him by Levy.) After this Levy said: "They /are anxious to know if you want to work Philpott through his woman?" Witness said: "I was given to understand that I was not to be asked any questions. If you want to alter that say so." Levy said: "No, let it go. I yvon't ask sou anything." Witness said: "Well I can tell you I nave no intention of seeing Philpott's woman; but that fs as far as I can go at present." Levy said., "You know they are doing othar things as well." Witness asked, "What are 'they domg?" Levy raplio.l, "They have already paid £15 for a list of x.ne jurymen; but it will cost some money after they get it." Witness said: "1 heard that they had a list of the j.irymen at the last trial; but I can hardly believe it." Levy laughed and seid, ''Had you put your hand into a certain man's pocket, you would have yot tno typewritten list, and that was goc for fifteen quid." Witness said: "But dl-l you compare that list with the names of the jurymen summoned to the court?" Levy said, "Yes, it was absolutely rigV. As a matter of fact I knew throo of them personally." Witness said, "By tie vay, Barney Fienberg told me the other day that a certain man GOT £100 TO GIVE TO -ME m connection with this case some time ago." Levy replied, "That is right. Do you want to know who it is?". Witness replied, "Yes, I would like to know." Levy replied, "Well, I'll tell you. It was Ernie Abigail, the solicitor. And I know for a fact that he afterwards told Nathan Jacobs that he handed you that money, and he showed me an agreement with your signature to it, saying that you had signed for it by way of a loan." Witness said, "There is no truth whatever In it." Levy said, "Barney was taken down for a lot of money. I know it cost him, apart from counsel's fees, £400." In conclusion Leary said that he handed ■ over the £100 to Superintendent Walker, and on June 5 Levy rang him up and made an appointment to meet him at Farmer's corner. He did not go along, but sent two other detectives to' arrest Levy. Counsel for the defence: I take It for granted that you did not get that £100 ; said to have been handed to Mr. Abigail for you? — I did not. •■ Was It alleged who gave Abigail the money to give you? — No. , Didn't you ask? — No. "Why? It was a serious Imputation against you?~Well, he didn't; seem to care TO MENTION THAT PART Did you make any attempt to probe the matter?— No. Why? — For the simple reason that they didn't tell me, and I took it that they flkln't want to say. But anybody could guess who handed it to Abigail. Well you have a guess. Who do you guess? — Fienberg. Levy said it, cost Fienberg over £100. At a later stage,, the witness said he believed it was true that Abigail had received the £100 mentioned, and, pressed to give his reasons, said "Levy said that Nathan Jacobs told him that Abigail showed him an agreement with my signature to it, showing that I had received the money. I may say that I

had some private transactions with Mr. - Abigail some little time ago. I borrowed some money from him m eonnectio.n with some land, and I signecl an agreement m his office to pay that money, back AT SO MUCH PER QUARTER at 6 per cent, interest. At the present time he' Is holding the deeds of two properties belonging to me. They ara valued at £200." i Can you tell me the different sums of. both deeds?— Yes. One is. about £50, land the other about £150. I fair to see how Nathan. Jacobs or Levy would know that agreement was m Abigail's office unless it was shown to them. I hold , that it is corroboratlon - of Nathan Jacobs' . statement., ' "- The three accused, who reserved their defence, were committed for trial at the August Sessions. • Levy and Barnett Fienberg were eacbi allowed bail, self and one surety of £500Jacob Fienberg, of course, did not applj for' bail. • v . /