THE ACCUSED BEFORE THE COURT

Otago Witness, Issue 2662, 22 March 1905, Page 30

THE ACCUSED BEFORE THE COURT

REMANDED ON HEAVY BAIL.

The news occasioned widespread interest, and, as usual, when anything of a startling nature occurs, rumour was very busy, and it was persistently stated about the city that other arrests had been made, and othe^ robberies traced to a source, but, while investigations are still proceeding, there is not much additional detail to add. A particularly unkind sentiment expressed is that there cannot now be reposed the trust in the police force which it hitherto enjoyed ; in the first place this is unfair to the men awaiting trial, because they aro held by the law to bo innocent so long as they are not proved otherwise, and it is manifestly unfair to pass judgment on a body like the police foree — \Vhich as a whole has enjoyed public confidence, and, moreover, deserved a great deal more than it got — simply because Ivvo of its members are under suspicion. The public may confidently leave the matter with the proper authorities, and depend upon the police officials doing their utmost to bring the guilty persons to justice and to clear the characters of innocent men.

The two constables arrested on Wednesday were brought before- Mr C. C. Graham, S.M., at 10.30 a.m. on Thursday, in the presence of a crowded court. The accused having been placed in the dock, the charge■pas read as follows: — "James M'Donald and Thomas Moses, you are charged with that you did. on or about March 9, 1905, at Duiiedin, break and enter the premises of the Drapery Importing Company (Limited), and steal therefrom two bottles of porfume, one metal soap box, one silverbacked hairbrush, one pair fold sleeve links, one silver matchbox, six children's silk aprons, four neck furs, and one fur muff, of the total value of £50, the property of the Drapery Importing Company, being an indictable offence."

Mr A. C. Hanlon appeared on behalf of both accused.

Sub-inspector Green said he applied for a remaiul for a week. Mr Hanlon said he had no objection. The Magistrate remarked that next Tlfursday was a holiday.

It was then agreed that the remand shoiild be till next Werlnesdav.

Mr Hanlon applied for bail for the two accused.

Sub-inspector Green said h^ would ask the Bench, if it granted bail, to fix a substantial amount.

Mr Hanlon said he agreed with Mr Green that bail should be substantial, but it should not be prohibitive. It should be reasonable enough to hold them in answer to the charge, and yet be within their reach.

The Magistrate said he would fix bail at £200 in each accused's own security, and each to find two additional sureties of £100 eacli.

Mr Hanlon said that was surely very substantial bail, necessitating the accused finding outside security to the amount of £400. The Magistrate said he had to look to the positions of the men. It was possible that the accused might have avenues of escape not open to others.

Mr Hanlon said it should not be taken into consideration that they were police constables. Each one had to guarantee £200 and find outside security for £200. That meant they would have to 6tay in gaol. They w-ere both married men, with wives and children here. The magistrate evidently took the view t'nat because the men had better openings of getting away they should forefit more ; that was not the principle on which bail should be fixed.

Mr J. F. M. Fraser, Crown Prosecutor, said the principle was that if bail was substantial, the sureties safeguarded the court.

Mr Hanlon : And the securities, as in all cases, look to the police to safeguard their inteiests.

The Magistrate : I cannot see my way to lessen the amount. Mr Hanlon.

Mr Hanlon: Will you make the two sureties of £100 each an alternative of one surety of £200? It might be possible, perhaps, to g--et one surety.

The Magistrate <;aid he had no objection to that.

Up to Thursday evening no further arro^ts had been made, and neither of the constables under detention had procured bail. The property identified as belonging to the D.I.C. does not, however, cover the total in possession of the detectives in respect to which the ownership is being sought, and colour is lent to the report that two other constables have been called on to account for articles in their po=sos«ion, for which, however, no other owner has yet come forward.