"INTERNATIONAL SLEUTH."

Waikato Times, Volume 104, Issue 17586, 15 December 1928, Page 14 (Supplement)

" INTERNATIONAL SLEUTH."

A claim by Mr John Daniel Hayes, trading as the Citizens' Protection Association, South Street, London, a private inquiry agent, against Mr Charles Thomas Wilkinson, formerly a solicitor, of Lancaster Place, Strand, for £59 commission for reporting accident .cases was dismissed by Judge Turner at Westminster County Court. Judge Turner remarked that MiHayes (who is an ex-Metropolitan policeman) had intermeddled with litigation with which he was not concerned on a contract to divide the "swag," and he could not sue on actions which savoured.of champerty. Champerty is a- proceeding by which a person having no legitimate concern in a suit bargains to 'aid or carry on its prosecution or defence in consideration of receiving in the event of success a share of the matter in suit.

Mr Herbert Metcalfe was counsel for Mr Wilkinson, and Mr Hayes appeared In person.

Story-of the Terms.

Mr Hayes sajd'the cases were accident cases introduced to Mr Wilkinson in 1924-25-26.

Judge Turner: On what terms?— Four shillings in the pound on any sum recovered, to cover expenses and costs of inquiry.. I was also to'receive 30s a'week : if I brought four or five or more cases-a week. 4

Mr Hayes'said that he was engaged in introducing cases to Mr Wilkinson from Good Friday, 1924, to December that year, and "then I dropped him owing to the notoriety of. the 'Mr A.' ease, and started again' with him about May,. 1925, continuing till about May, 1926, when I slowly dropped him because I rumbled him." Judge Turner: I do not know whether I ought to warn you that you need not answer questions on matters which may incriminate yourself. There was such a thing as barratry, though that Is said to be almost obsolete. A person who was a common mover or { inciter was guilty of barratry and was I called -a barrator. . ,

Cross-examined by Mr Metcalfe, Mr Hayes said that he was the sole, proprietor of the Citizens' Protection' Association. He was "Mr H. J. Riley, secretary." He was also "Riley andCo."

Mr.Metcalfe: Isn't -Riley and Co. also the "1.5.5. A.," and what is that? .—lnternational Secret Service Association.

JUDGE'S COMMENTS.

ON EX-POLICEMAN'S, CLAIM.

An "International Sleuth."

Are you an international sleuth? —I am.

Mr Metcalfe put in a circular of the "1.5.5. A." stating that it had world-wide connections with 500

agencies "scattered from China to Peru,"'and that Mr Riley was born in Kerry, mixed in the best society, and

was particularly successful. ! Mr Metcalfe: Are you something of. a figure iii the underworld in London j since your police days?—l am. . j Mr Metcalfe: Do you know what an! “ambulance, chaser” is? —I do. But I got my cases from the public Press . or recommendation.

Isn't there a regular ring in London of persons, like you ?—We are always looking for accidents. Mr Hayes said he had about 500 persops Registered as members of his association who paid Is a year each.

"No Cure, No Pay."

Mr Wilkinson said that his agreement with Mr Hayes was to collect the 10 per cent commission which people 'agreed to pay him and pay it over to him when settlement was made. "The costs were my own," he added.

Judge Turner: Was it not to be done on the "no cure, no pay" principle Unless I thought well of the case and,was willing to finance j it. I Mr Metcalfe: You were merely acting as a conduit-pipe; an intermediary between Hayes and these people?— ; Yes~ that was all.' j . Judge Turner: He was prepared to get £IOO on a business in which an honourable solicitor and client's costs would have been only £lO 10s. -He is not.one'of the whitest sheep that ever walked the Strand. • Mr Wilkinson: But not a black sheep. It was not for dishonesty 1 { was struck off, but for conduct dis- j honourable to the profession. Judge Turner, dismissing the claim, said that one snag in. plaintiff's footpath was' whether, suing as an association, this action should have been a representative one In which all I these shitlin'g members'were liable for ) costs if he-', failed. ", t

- ; Hayes's only interest in these cases was to make a living for himself. He was intermeddling in matters with which he had no concern at all. His conduct was;entirely different from that of a solicitor taking up a speculative action.