THE "ARGUS" CASE.

Press, Volume LVII, Issue 17117, 12 April 1921, Page 7

THE "ARGUS" CASE.

APPEAL AGAINST CONVICTION. (FJUM ASSOCIATION TEXEOBAM.) AUCKLAND, April 11. "Argus." the elovon-year-old DOy > anfi fciß father, Charles Louis Copland, who were before Mr Poynton, S.M., m the Magistrate's v Court in January last in connexion with their fortune-telling entertainment, were under discussion at the Supreme Court to-day, Mr Justice Adams presiding, when >lr Fleming appealed on the father's behalf against the conviction recorded against him by the Magistrate. Mr Meredith appeared for respondent, DeteAive-Sergcant Cummings, who was the informant in the original case. Mr Fleming said tho lower Court case had been taken under section Zol Vtf the Crimes Act. That section was a .'eopy of the English Witchcraft Act of ■yffl. The whole point, therefore, resolved itself into a question of whether Aor not an intention to deceive was an ; : ingredient in tic offence. In the case )of MrGrath v. Vine, Mr Justice Edwards had held that an intention to deceive must be proved, and also that \ an intention to deccivo formed an essential part of the offence. The Judge , , in that case said if that was not tho | Jaw, then any person Who playfully cut the cards" to tell his friend's fortune was guilty of an offence. He might \hare gone further, added Mr Fleming, -.. wad pointed out that if his reading ot .the law was incorrect, the prophets or • old and the apostles themselves, if on earth to-day, would have -been liable to -be' indioted under the section. The Magistrate had found those facts: (1J ■That" defendant and his son "Argus" had I undertaken to tell future events. (2) The defendant honestly believed that, "in conjunction with his son, he could .tell the said future events. (3) There ■.. was no intention on the part of defendant to deceive the public. The defendant and his son, continued counsel, .■'?,| usually appeared at picture houses, -iufcero they put on a "tewpathio stunt." 'Hhe telepathic power being ?nduced by "Argus" had reached the 'Vs3»fce. when he could hypnotise himself. -she Magistrate had heard the case with fail open mind, and had i-ad an exhibiof the boy's powers, which had coriV |%ced him that the lad had wonderful ■' f'Meiwktnio powers--flipSs Honour-: I am bound to accept !vm Magistrate's conclusion that thero ' /.ma no intention to deceive, and that ■■'•■ Jap, defendant honestly believed (al- ; rffiush it might be difficult for some • to understand it) that his son :>'WuTd foretell future events. Meredith argued that the words of f ]ihe : •Crimes Act, under which the pro--*;Mdings were taken, were so different vffipni those in tthe vagrancy Act that .VOpaSB decided on the latter had no bear;bn tho present proceedings. Mr Edwards bad never intended to ' f'aAy'that ah intention to deceive was an jhgredienfc of.the offence. Tho %JworJi '"pretend".' gave place to "uhder- '" W tell.the future in,the section. r the Crimes Act which had Tibt been down, .With the phrase "int(J deceive" there was an abdo■;/*lHtg prohibition.:•■■ • mischief is '■>. -.ih :tho telling of fortunes, and not in ': ! ; s ißi'ntttM\*«).belhind,th6 fortune-telling P is 50... There is a impressionable, neurotic people A;;^TOOYBW , '-'weak enough, hot to exercise ; judgment, 'whtfTielieve in fatalism, ;^iqta::^hp. , .iii > 6.''.gtiite capable enough to ;:;sbw<w,'' anything some fortune-tellers. ■:.-m&ffi6&. as' to ; warp' their judgment and Witlh." their.activities. to his' Honour, Mr ; Flemv;/ipis:«*id: that .the majority of those who A >g«3- ;ibeliev(9d in his powers, claim to; the supernatural sense, that Tiy ho ordinary known of ( the/hutnaii mind can tthat be <it hot ■ a claim. to f powers P >" r ' ''" ■' ■■'■' ' ■■■y'v P'P^*^^ 1 " 111^1 "v N> *v Thti,ro :"• are five 'which' wd! all posset, hut it is fMCflhaidered there is another sense which or has heen lost, a if .p^jeg^' I&ii; what nense can forf};f^ M ne;tellhjg^l)«ifheld' fa be other than replied' that the boy's £fomental 7facuities, •> tinder hypnosis, be--J -afla--'having perceived a. SJW*w wioug^t,;'he was able.to some fierce vtJw' future and tell a^wOJ*6^t;tlroultt: hecbhie. There '■*& fortunes,- bub Wm&t&Fk castes'eoijia - answer : future. There supernatural init. "The n *s!&>w»&'#relji( one" of;JawV -■ and he i^^W^.liW^JMaginWt.'td^nioitoW.'