TRADE WITH GERMANY

Otago Witness, Issue 3244, 17 May 1916, Page 9

TRADE WITH GERMANY

CITY GLOVE MERCHANTS SENTENCED. THE JUDGE'S CENSURE. (From Our Own Correspondent.) LONDON, February 15. The three Rlgdens, father and sons, partners in tho well-known firm of Fownee Brothers and Co., glovo manufacturers, pleaded guilty at tho Old Bailey on the charge of trading with the enemy, and Mr Justice Low imposed the following sentences: William Gardiner Rigden, aged 71, the father, a fine of £SOO. William Fownes Rigden, 12 months in tho second division. Stanley Fownes Rigden, four months in tho second division. Tho prosecution alleged that sinco tho rutbreak of war goods to tho value of £6OOO had been sent from Germany to the Nov/ York branch of tho firm, and, although tho goods were used in America, tho invoices were sent to London. When tho case was resumed _ veste.rvda.v the defendants withdrew their plea of not guilty, and, acting on tho advice of their counsel, pleaded guilty. Mr Travers Humphreys alluded to tho fatal letter written by William Fownes U gden, containing a suggestion that tho goods should be consigned to "Murphy" in Now York. Counsel described it as a disgraceful letter for a business man to write. PLEA FOR DEFENDANTS. Mr He wart briefly addressed the judge on behalf of tho three defendants. With regard to tho senior defendant, ho pointed out that for some time before the outbreak of war his relation to tho business had been of a casual nature, the business being carried on really under tho direction of tho other partners. In September, 1914, ho wont for his holiday, and ho was not consulted about the letter which had been referred to, nor did he become aware of it until tho hearing at the Police Court. With regard to Stanley Fownes Rigden, ho was married a few days before tho letter was written and went away for his honeymoon. With regard to tho other defendant, William Fownes Rigden, it was right to consider the circumstances in which the matter was presented to him. The suggestions made in the letter were not suggestions for action, but for discussion, and" the suggestion about Murphy was capable of more interpretations than one, and counsel hoped that the judge would not set tho worst interpretation upon it. The business, deplorable and inexcusable as it was, was carried out in a perfectly normal way. No part of the goods came to London ; it was only tho question of continuing the New York branch. THE SENTENCES. Mr Justice Low hold that tho indictment was for a most serious and grave offence. "At all times," he continued, "when civilised warfare has been waged, it has been thought necessary to prevent trading with the enemy, but, at the present day, when tho ramifications of trade arc so great, and the importance of commerce far exceeds anything in the past, it is almost the essence of warfare, when it is waged between great commercial States, that no opportunity should bo lost of crippling tho commerce of the enemy, and with that view, in the present emergency, proclamations have been issued and legislation has been passed to prevent commercial dealings with those with whom the country is at war. You are the principals in a great firm—a firm which is one of those firms which, in tho exigencies of modern trade, have thought it right to have factories in various countries; of course, for reasons which are obvious. And it is just that type of firm—and I say it not only with reference to this case, but as a warning to others—it is just that type oi firm which renders tho enforcement of tho law in these matters so difficult, and the evasion so comparatively easy." The judge said that he had been asked to give different consideration to the case because of the position of the firm; but he said: "You have traded with tho enemy. Trading with the enemy at the present time is merely a species of treachery, and I have to deal with it accordingly." William Gardiner Rigdon was then ordered to pay a lino of £SOO, and the judge continued : " With regard to_ the other two defendants, it would be, it seems to mo. an idlo administration of this legislation if, where offences of this sort are found out and are brought to retribution, the court could pass over them with a- mere pecuniary penalty, at all events, unless the circumstances of the case have been most exceptional; but I can see no circumstances in this case which justify me in taking that course. With regard to you, William Fownes Rigdon, tin re is no question that your position is extremely aggravated by reason of the letter you wrote, and of which so much has been said. Reading that letter in the light of commonsense, it is impossible to say that you entered upon this transaction with any other view than tho view, if possible, of getting goods from Germany, and, if possible, of paying for them. There is no other view that one can take of tho suggestions made in that letter. It is true that the persons in New York, who, I am told, are relatives of yours, were guided by a higher sense of propriety and probity than you were, and, to use their own expression, they declined to bo parties to what they called 'boating tho devil around the bush,' showing clearly, at all events, what they thought of these suggestions; and what they thought' of them seems to be practically the same as what I think. Tho sentence I feel bound to pass upon a man of your position, defected and convicted on his own confession of such an offence as that, is that you bo imprisoned in tho second division for 12 months. With regard to you, Stanley Fownes Rigdon, I should have been glad if 1 could have taken another course, but I cannot depart from the rule thai. I stated a littlo while ago must now bo made in these cases—namely, we must show to all and sundry engaged in business that these offences, if committed, cannot be redeemed by a pecuniary penalty, rtnd must carry with them a certain amount of disgrace. In your case the facte, do not appear to me to demand so severe a punishment as the other defendant, but you must be imprisoned in the second divison for four months." The defendants were ordered to pay tho costs of the prosecution.