I.W.W.COMMISSION

NZ Truth, Issue 771, 14 August 1920, Page 5

I.W.W.COMMISSION

JUDGE . EWJHfTC REPORT Coiviction Secured on the Evidence of Liars and Perjurers TEH M¥¥IEASED

The re-hearing of the evidence m connection with the above inquiry was brought to a close at Sydney a fortnight ago when Dr. Brissenden concluded his' address as follows. Some of the alleged attempts at fires Dr. Brissenden described as ridiculous. As regards the Public Supply Stores fire, Mr. Woods, the engraver, had told how he had had three fires at different places, and on each occasion he had a red-headed man m his employment. THIS RED-HEADED GENTLEMAN had been arrested for stealing, and his employer suspected that he had burnt the place down to cover his tracks. 5 His Honor: He was with Woods when the two other fires occurred? Dr. Brissenden: Yes, and these flres were mentioned at the trial. In fact any fire that was worth talking about was given to a Jury of merchants to consider — any fire at all. Continuing, Dr. Brissenden referred to Hooper's conduct m the Curotta case, which had reference to a hotel license, and also the case of the two crooks, Miller and Wallace, m which both Hooper and Ferguson were concerned. • ,-i- ■ "I submit " -'■'■ A DEFINITE CONCLUSIONI say Ferguson lied over the business. The evidence shows that he is a man whom you cannot rely on to tell the whole truth. If there was a conspiracy of any kind amongst the criminal element m the I.W.W. Scully was there all the time and knew everything. No doubt there was a criminal element m the 1.W.W., and Scully was familiar with them all. ,The inference is irresistible that Scully was cognisant of what was going on all the time and kept up his connection with the inner circle, of which Morgan, who, like many others, 'left his country for his country's good,' was one. Goldstein was another, and he and his brother were mixed up m the note forgeries with Morgan, but managed to save their precious skins." On the question of whether Davis Goldstein was an accomplice or not, he said that there was a great deal more evidence against Goldstein than against any one of the twelve men, and ample evidence to send him for trial on a.. charge of conspiracy. Scully undoubtedly was an accomplice. His Honor: There are two parties who know all about the conspiracy to burn down. One of them was admittedly not a member of the I.W.W. The other had been, but had ceased to be for financial reasons. Dr. Brissenden: And a third who had been secretary had ceased for other reasons. His Honor: So there were, three men — what do' you call them, flre bugs? Three of the fire bugs at the time these things were done did not belong m the ordinary sens?; — SOME OF THEM NOT AT ALL —to the I.W.W.' Dr. Brissenden went on to say that the case was full of coincidences. For instance, though Ferguson knew Me-

c Alister for a couple of years, the latter neVer mentioned the I.W.W. to him, nor 'did Scully mention it to Surridge, though they had been pals for a long time. Mr. Fhmnery: . All this was gone ! into before Mr. Justice Street when charges were made against the police. ; Dr. Brissenden: lam not -making 1 j any charges against the police. I wouldn't dream of it. All I say is that they showed excessive blindness m .some cases and excessive vigilance m others. Discussing the fires, Dr. Brissenden drew attention to "another peculiar.---7:o-incidence." The Crown's conten- ' f.ion was that all the fires were caused by the one hand or agency. The first .series of fires at Winn's and other places were all successful — they all broke out I?xte at night or carry m the morning. But those on September 8, !), 11 and, 12 — a later series — were ALL, PREMATURE AND INEFFECTIVE. How was it_that the hand had lost its cunning'? Wasn't it apparent that the last series oC fires were continued so as not to do damage? ' Was there the slightest evidence to show that there was - a genuine . attempt to destroy a building- or cause any material damage whatever. Dr. Brissenden proceeded to discuss the case against each man separately, and pointed out that some were convicted out of their own mouths, so to speak, by their speeches, while, when men didn't make speeches dope was found- on them or literature. - As regards the dope, he contended that it was put there by some of the Crown witnesses who had made dupes of the police. All of the speeches delivered by some of the men had been interpreted by the Crown as an incitement TO COMMIT ARSON,. when, m reality, the words did not bear such a meaning. Sedition was the normal conversation of the Irish, and he hoped the privilege of every Briton. 1 (Laughter.) Some of Larkin's utter-

ances certainly were seditious, but great significance had been placed up-: on utterances which were merely figures of speech. Larkin was m the unfortunate position of being Irish, and he had a • reputation to keep up. j His brother was an Irish agitator and | he was born with a predilection .for saying more than he ever intended to do. (Laughter.) 'In conclusion, Dr. Brissenden urged strongly that' the evidence did not point to the guilt of the twelve men, except perhaps on the sedition count with regard to some of them. If there j was a genuine conspiracy to burn down | Sydney with the object of securing I the release of Barker, the prisoners j were not the persons concerned m it. The agitation carried on was perfectly legal, and the suggestion that anything else was done was purely imaginative. The fires bore the impress of HAVING BEEN MANUFACTURED for some purpose. Whether for the purpose of confirming the stories of persons who were anxious to obtain rewards, or whether they were started m pursuance of some idiotic idea that the Government, having heard of the flres, would have to surrender to some unspecified purpose, he could not say. But one purpose they did serve was to produce the most striking and most effectual kind of evidence which could be produced at that time against the leaders of the I.W.W. "I suggest," added Dr. Brissenden, that whether the plan was to frame up what, was an entirely false story, or whether it was based upon something that was partly true, McAlister •came into it' for the purpose of gain, and any dope that was ever obtained CAME FROM SCULLY, and m order to give the narrative a sliow of Teason it became necessary to find victims, and they were found. I don't say the police were m it — except that I think Ferguson knows mora than he told vs — but they were so keen on getting evidence that they .made themselves the blind dupes of men who were clever and unscrupulous. I say Scully is a criminal, and was at the bottom of the whole thing, as Mr. Justice Street said. On the whole of the evidence I submit that you must feel .more than a reasonable doubt as to whether any of these men are guilty of conspiracy to burn down buildings or of arson. As regards sedition, I will leave the matter m your hand 3 m deciding what, under all the circumstances, would be fair and adequate punishment." The Commission then adjourned until Saturday morning. Mr. Flannery then replied to the arguments advanced by Dr. Brissenden and contended that on the whole of the facts brought to light the convictions were justified, and should be sustained. The Commission then closed, Mr. Justice Ewing announcing that •. he, would furnish his report to the Government at the earliest possible date. Mr. Justice Ewing made his report on the IW.W. prisoners on the 31st ult. He recommended the release of John Hamilton, who was sentenced to 15 years' imprisonment; Bernard Besant, 10 years; Thomas Moore, 10 years; Donald McFherson, 10 years; William Teen, 15 years; and Morris. Joseph Pagin, 15 years; all of whom Tie considered were wrongly convicted; .and of Thomas Glynn, 10 years; Peter Larkin, 10 years; William Beatty, 15 yeaTs; and Dbnald Grant. 15 years; all of whom are considered to have expiated their offences. The sentence on Charles Reeve, 10 years, is deemed not : excessive; while John Benjamin King's term is deemed to be greatly m excess of the offence. King had been sentenced to five 3'ears, cumulative uoon two years arising out of a bank forgery case, on which he would be re-, leased m August, 1921. Judge Ti3wing added that the evidence of Scully, David Goldstein, and Louis Goldstein, was the evidence of LIARS AND PERJURERS. If their real characters at the first trial had been known to the judge and jury they would never have accepted the statements of such moti unless strongly and conclusively corroborated. The report, which Is very long, carefully reviews the genera! evidence and! traverses tho case of each man. In several cases Mr. Justice Ewing- admit 3 that doubts ore not fully cJeared up, but m all such ense-s -he has followed the usual British practice of giving the prisoners the full benefit of the doubt. T-Te repeatedly? denounces the evidence of Scully and tho Goldsteins, who, the judsre declares, wore prepared to swear /anything inside or outside the court' to save thep.selvGS from being implicated. Over n.nd above this they expected to receive substantial rewards as informers. The report has caused surprise and much speculation as to future developments. In some quarters it is regarded as a severe knock to the jury system. In Labor circles the findings are received with much satisfaction, combined with a spontaneous and strong demand for the men's immediate release. On Tuesday, 3rd inst., the N.S.W. Executive Council considered Mr. Justice Ewing's report and, after mature deliberation, decided to carry out instanter its recommendation, by ordering the immediate release of John Hamilton. Bernard Besant, Thomas Moore, Donald MePhe.rson, "William. .Teen, Morris Joseph Pasrin, Thomas Glynn. Peter Larkin. William Bentty and Donald Grant. The case of Kins? may be further considered, while Charles Reeves will have to serve his full sentence. We hope to publish the full text of Justice Swing's report m our next issue.