ROYAL COMMISSION

Dominion, Volume 9, Issue 2727, 23 March 1916, Page 6

ROYAL COMMISSION

'; THE GRIERSON CASE

||evidence of documents

(-; 'OCCURRENCES IN A-BOARDING-ii//;;r/v;/v;;/.'HOUSE : /'/ : ;-

!•;>' The inquiry by Royal Commission into / ihe charges against Lieutenant Grier-l-:son,;an officer of- the Expeditionary i•■'Force, was commenced yesterday. The l/Commissioner/ conducting the inquiry j/.is Mr/A. D. Thomson, and he is di'r j - ect«i ! to make inquiry on: the'-foilow- }''■ irigquestions :.-■/ «// (I) Whether Alexander Hugh Grier[vßonis, or at any time has been, of Ger//uian', Austrian, or other enemy; nation-

/./lity.' ■■':"..• //'(a) "Whether he is of German, Ausbtrian, or other enemy, descent. /''vO Whether . there is any. reason to : "suspect hiiri of disloyalty, to tho-King, ;• or of any enemy connections which .ronr,: dor -inadvisable his retention as. an offii'cer. of tho ,Expeditionary Foii.e. !H 'The Solicitor-General (Mr. J. W. Sal- / mond,-K.0.), with Mr. P. S. K. Macas-L-'isoy, appeared for the Crown, Mr. /T. ■ n Neave for Lieutenant Grierson, and Sir. ."T M Wiiford for Madame Boeufve and •< Mr.-' John Payne, M.P. .■■'•' ~''-" . . !':.'/-'Tho Commissioner said that'the first :'';question lie,proposed to determine;was.- • i that, of "the nationality of Lieutenant V: Grierson, but Mr. Wilford raised a prc,'i Timinary objection, to: the sitting of tho ':"Commission. /- ....;.,. ../". //'.:",/ '•": Preliminary Objection. > ':■: Mr.: Wilford argued ■■ that. the subjcct '; ■matter of the' inquiry was . such .that K "a Commission could not legally, be set up '<.(■■ to inquire into it. ' Ho denied/that it. •'.'complied with the requirements of the '.'Commissions'of Inquiry. Act, in that it ' I Vwas not to be an inquiry into a matter [■ arising out of the administration of the ; -New .Zealand.Government,, but was ■'■ rather a. niatter : as, between private, wi- flividuals. And he quoted the statute -of the reign of Charles I, by which tho f-'Star Chamber Court was abolished, and '"-'' by which it was enacted that any offence '■• or private suit that could be;- tried. ,ui ■ the ordinary Courts in tha usual course '*■■ ''■"of. justice must not' be tried by any i/tribiinaFothor-thair those of theordin-;.-"ary Courts. .'Ho .claimed, that in this S.'case' the' Courts were open to' Lieutcn- !"'-■ ant -Grierson to- get such remedy, as ho ;v might be entitled to have from Madame V : Boeufve or Mr. John i ; > statements they might- bo.: alleged to ! : have made against him. As a further T objection-to the-trying of the case by ! r -Commission, \ho argued that as the ■' : Commission,, had power to charge;the /costs against any of the parties lt.virtni" ally-had power, to inflict, punishment, .for i-< had,power to /inflict punishment for. i • an offence which', if punishable at all, ?. was-cognisable by the Courts in , the '''■'"'regular way; ' This .was.not. m,;acco.rdi; ance.with' the statute "of. Charles J,, f which lie had quoted. Mr. Wilford ar- '. gued at some length that the inquiry [/could; not' legally' proceed. ; / '-.-'■ ;-- ; .r the Air." / -' •" :;; : Mr.-"Neave: -I My .-learned '.friend is !'/beating'the '.-His proper course is. !!'• to bring the Commission into the: Su- ,-.■ preme';Court and apply for a writ of '•certiorari to quash'it. How can you, : : /Mr. : Chairman, quash We Commission?, " You aro directed by His Excellency the' i : Governo'r-in-Counoil to report on ceri'. tain matters set ouE.in the reference, -made to you:' How can you disregard ':.'■ that,'.instruct!on?, How can this Comi:;- mission inquire into its own validity? ■' - Mr "•.■'Wilford. suggested.' that, it was > partvof. the duty of the Chairman, if /, he : thought, there was" any .weight _in i : the objection,'to adjourn the inquiry "to enable the point to be,decided bya. ; case stated for tho Supreme Court.; He ? went on.to argue that:tho,appointment '.' of officers to the Expeditionary Force i was not:a matter of'the administration . 'of the Government. Officers were, un-; •-, -der' the Expeditionary Forces., Act, api pointed. by the Governor,' whereas the V Government was defined as "theexecu- ;; tive Government, under its various Del.apartments." -.'-'.; ■ ' ■■•.•".•;'■'■' „-'''• ; -/Mr. Thomson: But■ how is, i : 'erno'r advised to sign?;.',; . •;,./ Mi-. Wilford.: I.'make:a distinction be- / .'twen' the administration of the Govorri- /" mont and appointment;. by : the Gov--4-; ernor.. ' ..- : : '.' : -r/y.-yi'. ■■.-"■', ' Mr. Thomson:'-'. But.lt.must be the r 'same, because ithe 'Governor -does not .'// sign, without' advice. . ./'..The Govern'- :■ .'' ment have appointed .this man an offi;7 ;c0r....:1t is now. alleged, that there are '.'/••'certain' :circumstances which should preP '-■ vent his appointnient, : and -which would :■.'" warrant -.his appointment -being cancel-.- ':.';'• led. 'All I have to inquire into is con-, .(corning these circumstances, which/ if ;', proved, would warrant, certain, action /'-, being-taken. His appointment was an j'/'act of administration of the, Govern- ' .ment. This appointment and all other '/Government appointments are adminis-i"'-:tiative acts of the-Government. -'-■-' - ■'"-Mr. Wilford/.replied that. all the V questions- set.out in the reference ..were. / , not/questions affecting the administra- } •'. tion of : the; Government, but" were.per- ;-/ "sonal questions relating to.Lieutenant '.-■ (Irierson. ' '■ The questions '.-referred'-'td' '. Grierson, and hot to. the/Admiriistrab ' tion! at all. Ho ,wished/tb:say,/'on-be-. 'I .Oialf of Madame Boeufve and/Mr,, i Payne,, : that they were, quitevready/to' ;, answer in any. Court of -law any/charge; /or any suit" which ; might,be,, brought ;;/against them. '";//7"'.' ;''//.'■; ":.'."-\ /Solicitor-General is Surprised. / . :■: -Mr.'Salmond, in reply, said.that' Mr. ' iWilfbrd, he believed, appeared for Mad- ,/ '.ame'Boeufvo and Mr. Payne,' who'wer'o /- jresponsiblo for the charges .acaiiist >~,: Grierson and for the'inquiry. --It was with-considerable surprise that he had-1 listened to counsel attempting;'.'oil .tlie/ ;.'■/ ground of legal teclinicality; to/'burkj ;~ a'public; inquiry into? the .very: grava, /'- charges that they had thought/fit/-to, make;publicly '-against the" honour and' .professional position of Lieutenant ' Grierson. He would have thought that -Madame Boeufvo and_Mr. Payne would. have welcomed a public inquiry -into tho'charges they had "thought-fit. to bring; ,/ and/it was a matter..fdi'.'./amazement: ;/ that'these persons should'how/.come be l i' "' fore'the Commission; and; 'attempt td ; prevent a. public inquiry:,. As to tha legal question, it was beyond contro- I I \■■■ versy that-the Commission twas within ' the Commissions of Inquiry Act. The question for determination concerned the appointment and the retaining in the Ex|»ditioiiary Force of a/maniwlio .was charged with being a German and 'disloyal to the Crown. _. If this was not. -.0 question.of the administration.of the : Government, he did not know' what -'. could be. . .- ■

Mr. Thomson sakl lie had felt, as his "observations had no doubt shown, that the matter was one in which'the. administration of the Government was concerned. The Government was responsible for the appointment and retention in the Forces of Lieutenant Grierson, and the inquiry was set up to try to find out whether he was a person who should have such an appointment and should be retained in the Forces. His opinion was that the Commission was properly set up and that the inquiry should go on. Lieutenant Crlerson's Origin. Mr. Neavo then proceeded to call evidence on the question of Lieutenant Grierson's nationality. Lieutenant Grierson gave his full name as Alexander Hugh Grierson, and produced liis birth certificate ' showing that .ho was born in Southampton, ■England, that his father's name was Hugh Kirkpa trick Grierson/ solicitor.

of Southampton, that his mother's name was Emma Grierson, born Emma Gater.. His lather was English, having been born in Cheshire, of Scotch, parentage. His mother was of purely English descent, the daughter of John Gater, of Southampton. He produced a passport, signed at Stuttgart, in Wurtomburg, by the British Consul tbere, showing that he was a British subject. This document was signed'on. August 5/1913, when he was travelling in South Germany. His. stay in Germany oil that occasion extended over some six weeks. ...-'•

To the chairman:' His grandfather, whom he had known, had resided in Cheshire, but had, he believed, been born in Scotland.

Lieutenant Grierson spoke'in the clear speech of a native-born Englishman.

John Creswell Grierson, accountant, manager of a building society at Auckland, said be had. been in Auckland Province since 1877, and in Auckland City for 26 years. Witness was Lieutenant Grierson's uncle, being his father's eldest brother. . Witness's father was Jolin Grierson, who was born in the South of Scotland, whocame in his early manhood to Cheshire, and who died there in 1904 at the ago of about 90 years.. Witness's mother was Martha Grierson, nee Cresswell, born in Lancashire. Witness did not know Lieutenant Grierson's mother, because, his brother had married after he left England, but he believed that her family had lived in the same house in .Southampton for about 300 years. There was not the' slightest trace of foreign blood in the Grierson family, going back many hundreds of years. "Witness's father was: connected with the Maxwells,- the MacGregors, the Kirkpatricks, and the Raes, all wellknown family, names in Scotland. The name Grierson was a Lowland variation of, MacGregorV In the' Lowlands MacGregor became Gregor-son,' and in the course of time this name was softened to Grierson. / Mr. Neave offered ho more evidence on the question of nationality, and no evidence on this question was offered on behalf of the Crown, or by Mr. Wilford, A Boardinghouse Nick-name. ,: Mr. Wilford called evidence. ■'- Agnes Murphy said she kept' the boardinghouse known as "Chatsworth," in Wellington, and had kept it for 13 years. -'She knew Lieutenant Griersou, who had -stayed at Chatsworth as a boarder. ■ He -was there prior to the outbreak of war on' August 4, 1914. Mr. Grierson came to the-house oh April 30 of that year, Mr. Grierson was referred to in the boardinghouse as the German by the other boarders' in tho house. He "never denied it.". Mr. Grierson was recommended to the house by Mr. Focke, .sou of the Gorman Consul, and Mr. Grierson was then, employed in Wellington at tho German Consulate in .Wellington.. On. June 2 Miv.Griersoii asked why a, holiday was being held on tho followiug day. Witness replied "For the' King's' Birthday." ..Grierson r asked:'"Why should we have'a holiday for the King of England?" Witness replied: "You haven't got a King. •You have a Kaiser." Grierson replied: "No; we have an Emperor." Witness said: "Oh, I forgot. I thought he was a Kaiser." Generally Mr. Grierson was known as tbe German of tho house. He bad the best room.in the house, overlooking.the harbour.'■ His books .which he had . with'him were mostly German, but he had also some French books. After Mr.,' Grierson left the houso witness saw several postcards left behind by him,, bearing •on them a representation of: an Iron Cross, andof Germans drinking to "Der Tag," This information witness gave to Madam Boeufve. '•'■'"'' To Mr. Neave: The conversation on June 2 was before tbe war, and before the-thought' of war was in anybody's .mind. Mr. Grierson was known as "The German" among the boarders. In a letter to witness, Grierson wrote: "Yoii can'show ihis to the,boys, and tb'ey can seo that I am no Gorman." In that letter Grierson wrote that he was going home to 'be an interpreter for the British Army. Grierson made no secret" of ; the fact that he had been in .Germany, and the fact that he had been there, and had travelled a- good deal, was well known in the house. Sho cculd not say who gave him tho name ."The. German"; it originated in the smoke-room, she supposed. Several of the other boarders were called by'other ii'"lv-nnrri'r<s, some of which were mere abbreviations of .their surnames. 'What Was in the Box. : She saw the postcards in Grierson's box when the detectives came to examine his belongings in September or ■October of last year. The detectives took away the postcards, and certain, papers and books and other belongings bearing German trade-marks. The police officers took away the postcards bearing the "Der Tag" inscription, papers, other, goods, and also a piece of paper .which witness had found in the pocket of Grierson's golf coat.: This'was at the timo of the visit in September. On that occasion Grierson's box was ransacked thoroughly. About three weeks ago other detectives ■ came and took away,the box with,,its contents. Sho had never taken jiossession of anything -amongst' Grierson's belongings of her own. initiative. The box had been inspected by.Madam Boeufve in January of this-year. Witness was not present when Madhm, Boeufve made the search, nnd -was-, not aware 1 whether Madam •Boeufve'removed any' papers from the box:; Madam Boeufve was accompanied by', Miss Beatrice Day, and the two ladies,, were /allowed, '.by her to search Grierson's belongings.. 'Afterwards they Raid, that .they had found nothing. So far as; she knew nobody.else had looked over the papers in .Grierson's box. Before this '/visit to her house she had not'known Madam Boeufve or Miss Beatrice Day, but they were introduced by a letter from Mr. Vivian Rhind, avlio had been staying at "Ohatsworth" with Mr.'Griersou. When Grierson left the bouse .he Wt the key of his box with •witness.'/.She always supposed he was a;German,.but did not ;aake any communication to this effect to tho authorities. /According -to her books Grierson was in her house up till August 13, 1914. He did not leave on the day after ■ tho : outbreak of war. Referring to. the conversation 'she"had with Grierson on .Tune 2, she said she was 6Ure that-.-; Grierson showed confusion, and "iyent-re'd when she made the remark hbout /the".Kaiser..,'.At the''timo she thought/she had ".overstepped the mark" in talking to a stranger, and she had mentioned the occurrence to tho other boarders. Sho had given no thought to tho incident until after the war broke out. ■

' .j»: A Suggested Reason. '.'Mr.. .Neave: You knew he was in the German Consul's office? Miss' Murphy: Yes. Mr. Neave: Was that why he was called a German ?

Miss Murphy: Perhaps so. I know that- the night the German Consul's office was broken into he really did not know what he was doing or saying. Mr. Neave: What did he say?

Miss Murphy: I really don't know. He was very upset. He didn't think it was a right thing to do. Mr. Neave: Do you think it was a right thing to do?

Miss Murphy: No, I don't. Mr. Neave: Did he say anything more disloyal than to disapprove of the breaking of Foeke's windows? Mis 3 Murphy: No. Mr. Salmond: Did you hear Grierson give his evidence this morning? Miss Murphy: Yes. Mr. Salmond: You recognised his German accent?

Miss Murphy: I recognised his German face

'Mr. Salmond: Did you ever hear a German speak as he. spoke? . Miss Murphy: I don't know. I am

not much of a judge of accent. Of course, you must remember he was educated ill England, and that lie has been in England air his life, except while lie has been in Germany. A Statement Produced. She had made a statement, she continued, in which she had said that Grierson used disloyal utterances whilo in her house. The utterances to which she referred were those of whicli sho had spoken in evidence. : Madame Boeufve Makes a Search. Mr. Salmond produced a copy of a statement which purported to have been sigued by witness. She at first said sho did not recognise it, but afterwards said that it was a statement she had written for Madame Boeufve in the lattor's presence. In. this statement she wrote that Grierson left her house the day after war was declared. She wrote, also, that the picture on the post-cards was of two German officers shaking hands. The cards produced (cheap Gorman prints) bore a picture and an inscription in German verse, printed in celebration or commemoration of the death of General Scharnhorst. _ They did not bear the simple expression "Der Tag" merely. Witness said she did not give Madame Boeufve or Miss Day permission to take away any of Grierson's papers. Mr. Salmond: Would you be surprised to learn that they did take away some of his papers P Miss Murphy: Yes, I would. Mr. Salmond: Did you ask them? Miss Murphy: Yes; and they said they had found nothing of importance, and I took their, word as ladies that they had not done so. To Mr. Wilford: Grierson was in her debt when he' left her house, and.he had not yet paid her. Mr. Payne. Clves Evidenoe. John Payne said that he was "a sort of commercial adviser" to the Anti-Ger-man League, who had approached him regarding the Grierson case and other cases concerning persons of alleged German nationality. At that time ho had the statement of Miss Murphy before him. Representations we're made to him by-Mrs. Boden, of Sydney Street, that Germans and suspects were getting away with the Forces, and Mrs. Boden introduced him to Madame Boeufve and Miss Day. Ho did not know Grierson even by sight until he saw him at the inquiry that day. It was represented to him that Grierson was a German, and that he was disloyal. Ho was, shown, also, letters and papers in German and "in English in writing which he believed to be Grierson's handwriting. From documents which be saw bo was.satisfied that Grierson ought not to '■ go ■ with the Forces. He was informed that Grierson had, actually gone with one' of the remount ships,' and-, in. order'to have Grierson withheld from the Forces he ■ advised that they should cable the War' Office, and a cablegram was sent. He took all possible steps to stop Grierson from going with the Forces. The inquiry adjourned' at 4 p.m. until 10 a.m. to-day.