THE I.W,W, CASES IN SYDNEY

Otago Witness, Issue 3382, 8 January 1919, Page 24

THE I.W,W, CASES IN SYDNEY

PRISONERS' GUILT NOT DOUBTED.

Wo have already published cable messages summarising- the conclusions arrived at by Mr Justice Street, who was appointed a lioyal commissioner to inquire into charges made in Parliament and elsewhere against members of the police force in connection with the trial and conviction of 12 I.W.W. prisoners at Sydney in December, 1916. We tako the following additional particulars from Australian papers. Mr Justice Street set out the charges into which he had to inquire as follows: s (1) That Scully was deported to* "prcrvent his divulging facts against the police. (2) That Scully was promised JB2QW by the police to give his evidence. (3) That Detectives Pauhnrr and Turbet. asked Davis Goldstein to place dope in the pockets of I.W.W. men. (4-J That the police supplied dope for the purpose of manufacturing evidence. (5) That the police put a bottle and some waste in Teen's pocket. (6) That the police prepared evidence to bo given by Scully. (7) That Detective Leary suggested that Scully should get evidence again Grant. > (8) That the whoje case was made up of fictitious evidence. (9) That the police prevented Scully from getting employment. (10) An insinuation that M'Alister met his death by means of foul play. (11) That tho Crown withdrew the charge of forgery against the two Goldsteins on the understanding that they were to give evidence, and that they would do whatever the police wished. Ho said that Davis Goldstein was evidently a man of not much education, but he had considerable natural ability. He was fluent of speech, very vain, probably very arrogant and overbearing among his associates, reckless and unprincipled, and ho had a front of brass. Louis Goldstein was not more _ educated, and was probably just as unprincipled, but he was colder'blooded and more cautious, and less liable to be carried away by .vanity. Referring to the suggestion that Detectives Pauling and Turbet had conspired with the Goldsteins to manufacture the evidence, Mr Justice Street says: "I do not 'believe for one moment that any 6uch fraudulent scheme was entered into by the detectives. Pauling was anxious to get a statement from Davi3 Goldstein, and anxious to succeed in inducing him to give evidence. Davis Goldstein, on the other hand, was holding bade in the hope that he might purchase his freedom."

After reviewing the circumstances of Scully's connection with the case, the Royal commissioner states that Scully inffiressed him as a criminally-minded man of ""a dangerous type. He bad a smooth and plausible manner, was pdssessed of an excellent memory, and he exhibited considerable restraint till aroused, which was not often. "He is," Mr Justice Street adds, " I have no doubt, a man of cold and calculating temperament, treacherous, and quite unscrupulous. I dare say that he tells truth if he thinks it suits his purpose to do so, but I am equally certain that he departs from truth without the slightest hesitation if he thinks the occasion requires it, and his ability and his, resourcefulness enable him to produce a blend of truth and falsehood, in which it is very often hard to distinguish the false from the true. He would like to make it appear that he came into the case from a sense of duty, and because he was horrified at the calamity with which the city was threatened. I do not believe this, an informer; but Ido not believe for one He made up his mind to anticipate his own arrest, and to .save his skin by becoming moment that he was tile simple, unsuspecting creature he describes himself to be, who was unaware of what was afoot, and who woke up at the eleventh hour in startled and horrified surprise. He had instructed .members of the I.W.W. in the use of fire-raising materials, and supplied a considerable quantity of bi-sulphide of carbon. I refuse altogether to accept his story that he supplied it innocently." His statements show with what ready .glibness and dexterity he told lie after lie in his endeavour to twist and turn and contrive in order to evade the difficulties with which he found himself confronted. Referring to the .inspection of Goldstein's financial affairs, the commissioner said that the investigation was not very satisfactory, and that the attention bestowed on this aspect of the case did not reflect very much credit on any of those concerned. Detectives Turbet" Pauling, and Mifeohell were in charge of the Goldsteins. Turbet disoussed with Mitchell their visit to the bank, and Mitchell's statement that the matter had never been mentioned since the day it occurred was noted. Either Turbet or' Mitchety was not speaking the truth. The commissioner says further: "One does not expect to find a detective officer resorting to a clumsy lie of this kind. For some reason Mitchell did not tell the truth in this respect. The suggestion that M'Alister did not die of pneumonia, but that there was some cause to which his death could be attributed, and that there had been foul play in the" matter, was quite unsupported by the evidence. Equally without foundation was the statement that someone in the detective force had said: 'This is a good job,' and ' He might have squeaked.' Superintendent Walker and Detective Surridge both denied that any such thing had been said, and he (Mr Justice Street) had no hesitation in accepting their denial." Referring to Scully'* departure from Australia, the commissioner said the suggestion that the police arranged to : deport Scully to prevent him from divulging circumstances of the case was equally without foundation. Inspector-general Mitchell and Superintendent Walker had acted on their own responsibility in the matter, and it was ridiculous to suggest that their conduct had been animated by a desire to cover up any wrongdoing on the part of the police. He thought that they had recognised that Scully would find it increasingly difficult to earn an honest livelihood in this country, and that as he sank In the social scale he would become increasingly dangerous, and they considered that if Scully wished to try his fortune in another country it would be worth while to pay him something to get rid of him. "I quite agree," added Mr Justice Street. "I think that the community would be infinitely better off without him." ' , The allegation that the police asked Davis Goldstein to put "fire dope" into the pockets of the I.W.W. men was referred to by the commissioner thus: " There is not a shadow of suggestion from beginning to end of the case that there was ever any foundation for so wicked a charge. I am satisfied that the suggestion was a barefaced and deliberate lie on the part of Davis Goldstein, aimed with reckless indifference at the reputations of men who had done him no injury, and against whom he could have no grudge."

Further on the report says:—"Mr Brook- j field's statement in the Legislative Assembly on July 10 last that the Crown withdrew j tho charge of forgery against the Gold- ' steins on the understanding that they were to give evidence for the Crown in the I.W.W. case, and that the Goldsteins had to do what the police wished, or they would be 'roped in,' is not in accordance with the facts. I come now to the comprehensive allegation that the whole case was in a great part made up of fictitious evidence, concocted at the instance of, or with the connivance of, ,the police. I have read the evidence with care, and I have listened attentively to the counsel, but the result of my inquiries has not been to create m my mind anything in the nature- of suspicion that the whole case is tainted with fraud on the part of the police. The suggestion that in order to secure tho conviction of men whom they believed to be guilty of an abominahle conspiracy against the whole community they allowed their zeal to outrun their honesty, has not impressed itself on me as one based on any substantial foundation of fact." After reviewing the connection of various detectives with the case, the commissioner said that the detectives associated with the Goldsteins were Turbet, Pauling, and Mitchell. Mitchell, however, had not had so , much to do with them in the I.W.W. case as Turbet and Pauling. Speaking of these three detectives, Mr Windeyer (counsel at I the inquiry) had said that their conduct in reference to the forged note case was j interwoven with the I.W.W. case, and that ! they had neglected to prove the guilt of the Goldsteins by reason of ari improper relationship with them. He (Mr Justice Street) could not find any evidence to support this charge. In dealing with the purchase of suits M clothes from the Goldsteins by Detectives Turbet, Pauling, and Mitchell, he had not overlooked tho discredit which attached to these three officers by reason of their connection with the \ acquisition—to use a neutral word—of suits j of clothes from the Goldsteins, but, however much their conduct might be open to j criticism or condemnation in this or other i respects, he did not believe that any of ; them had acted corruptly or improperly I in the I.W.W. case. . "I have to report, in conclusion, says j Mr Justice Street, "that the charges of j misconduct made against members of the : police force in connection with the case of , the Kins v. Reeve and others have not I been established as a fact, and that nothing has been brought before me which raises any suspicion in my mind that misconduct | took place, though it could not be proved, j Further, I have to report that no fresh j facts have been elicited before me raising ' any doubt in my mind as to the guilt of ! the convicted men. I am, of course, dis- j criminating between fresh facts on the one i hand, and on the other hand criticism of j the credibility of the evidence before tho jury." ■

Deader Clifford Moore, of the Avonside Troop, is recommended for the Gold Tatum Medal for the most chivalrous Scout in the dominion during 1918, and Sergeant Cox, of- the Sydenham Troop, is recommended for the Silver Medal.