THE KELBURN RAID

Dominion, Volume 11, Issue 196, 8 May 1918, Page 7

THE KELBURN RAID

CASE FOR THE DEFENCE

TWO ACCUSED DISCHARGED

JMirther evidence was taken vr.Merdav bcioro Mr, S. JB. M'Carlhy, sX, in c' niiechou Willi the police raid on No. IS Upland Road, Kelbum The accused were Jlrs. Mary Griffin, charged with keeping a homo oi ill-fame; Marion Elliott. Alma Elliott, Winifred Ulsen, and Eileen I'ringle, charged with assisting in Um keeping of a hou<sc of illfume.

r. •£ \ ,^ - ; J ' Mkfon ■ appeared for Mrs. Crrifhn, Mr. M. Myer.s for the two Elliotts,. Jlr. C. B. Morison, K.C., for the accused Pringle, and ilr. If. F. O'Leary for tho accused Oison.

Inspector Marsack prosecuted. The evidence was concluded of Constablo Cattaiiaeh, whoso testimony was corroborative of (hat of Plain-Clotlipa Constable Tricklebauk as to tho watch kept on the suspected bouse by the polico for several weeks. " 0

There was an interesting interludo when Mr. Myers cross-examined witness as lo which accused he had really eeeu through the windows of tho house on a certain date.

"Let them take their hats off," replied tho witness, "and I will very eooii tell." Turning to fhe accused he said, "Take your hats off."

Marion and Alma Elliott wore in the act of complying with this request when their counsql told them to desist. This they immediately did and their hats roniained on.

Inspector Marsack then asked witness which girl he had seen misconducting herself when ho and Constable- Tricklebank looked .through tho back verandah window. .

Witness replied that it was tho girl with the ehort hair.

Mr. Myers, in asking tho Magistrateto make a note of tha fact that this question hail been put to tho witness • the previous day, commented that witness now corrected himself. Counsel regarded it as I significant thai a night hnd intervened. Counsel concluded by asking «itiicss who had toltl him that he had made o mistake the previous afternoon (Monday). Witness: What? Mr. Myers: You heard what was said. Answer the question, sir.—"l will. Constsihlo 'L'ricklebiink siii'd to me: 'Which one was it you sow? The cne with, tho long hair or the ono with the short hair?' I said the one with the short hair. Wo made a mistake. That is all." So he wanted to know from you the ono you meant?—".No such thing. Tricklebank told mo I had made a mistake." I suppose he told you in pretty strong tonus. Do you think there is a resemblance between tho two Elliotts?—"l think there is a strong resemblance." If Trickl«bank Jiad not told you you had mmle, a mistake the matter would have been left as it stood yesterday?— "Possibly." A Passport 1 and Credentials. Evidence was next, given by Sergeant Wade, who .conducted tho raid, after which he was cross-examined. Mr. O'Leary: Did you know that amongst uer effects Miss Olsen had a. passport to, go to Australia on, Thursday f-'Tes." ' Inspector Marsack- She- can't go now. Did you see a credonti.il to her from Chambers and Son, Auckland?—" Yes." Do you know where it is?—" No." Well, where- is it?—"l don't know;" Well, I would like to sco it. Mr. Jackson: Did you eearch Mrs. Griffin's bedroom while sho was thrte or any other woman?—"No, they wero not present." Inspector Marsack at this juncture intimated that ho nad arranged for as many witnesses as possible to ]>o present at tho Court that afternoon, but he did not, , propose to call them. Tho case for the prosecution then closed. Addressing the Court on Miss Pringlo's behalf, Mr. Morison said that according: to; the ayideiico, even if it was ucccpted as truo, his client clearly did not come within tho meaning ot the- regulations defining tho offence with which sho was charged. He submitted that it was consistent with every bit of evidence that had been given concerning her that sho did not know that sho was doing more than going to a .musical party and enjoying herself as young peoplo would do at musical evenings. There were various standards of musical evenings, all of which were perfectly innocent.. It was quite obvious that Miss Pringlo had nothing whatever to do with the keeping or running of a house of ill-fame. There was not n tittle of evidence to support •the suggestion. There was a wide gulf between hop being in the house and her being within tho section of the Act. It was quite obvious that thero wero a number of innocent people frequently in Mrs. Griffin's placo. There was one man there with his wife. It was cvidont that ho could havo had no idea that tho house was of bad repute. There was also present on the night of. the raid a young lady living in Majoribanks Street., It was not denied that these wore re-' spectable people. Fven Constable- Tiicklebank admitted that Miss Pringle was a respectable girl. If sho had committed any acts of impropriety it was quite evident that theso would not havo escaped the notice of Constablo Tricklebank.

Mr. Myers: I make a similar application on behalf of Alma Elliott. 1 adopt every word that my learned friend Mr. Morison has said as regards Jlisa Pringle. There is! even less against Alma Elliott than against Miss Pnngle— not that I suggest anything against Miss Pringto. Although Alma Elliott had paid that she had been at No. 18 Upland Eoad on previous occasions, l.hero is not ouo word ofevidence to suggest that she was present on the premises on any occasion on which any misconduct on thu part' of any persons occurred. Tim case is ono in which no jury would convict.

Coming-to tha caso of Marion Elliott, Mr. Myers remarked that there -\ra3 prac tically no evidence against her. Theru was a conflict of evidence between tho hvo constables who wiitcuod tlio house as to what was said to havo happened on April 5. Aliio, unfortunately, there had been a consultation between tho Iwo policemen during the previous niglii (Monday last), which could not have happened if tho cvidenco of both had been takpn on the 6amo date. The only other evidence was that on iwo occasions .she wns seen in Miss Olson's room.- Tho room was, it was admitted, in darkness, and it seemed a difficult matter to understand how any constable could bo bold enough to endeavour to identify any person in such circumstances. Addressing tho Court on bchttlf of Miss Olsen, Mi. O'Lwiry euiphasisexl that ilespito the War Regulations .it was null necessary for tho Crowu to establish that any actei of immorality committed were for the purpose of gain. There was no suggestion in the evidence which had been given—assuming that it were truethat any immorality which may or may not have taken place was for gain. Then, again, there was no evidence such as was usually adduced in such cases that the women did not work.

On bohalf of Mrs. Griffin, Mr. P. W. Jackson said that he took tlio same static! (c< thnl; of Mr. O'Leary. Thoro was Jiot an atom of evidence lo show that the house in question was run for gain, or that prostitution was carried on for the purpose of gain. There was nothing in our law to prevent a person having immoral relations in a house without gain if theychoso to do the same. Incidentally, counsel pointed out Hint tbero was an entire lack of evidence that tho house bad ljooii run on any luxurious lines, or that any of tho accused had lived in luxury. The rent was only £2 a week, and, as a matter of fact, half of that was paid by tho Government.

Two Informations Dismissed. Tho Magistrate remarked that the only act really alleged against Miss I'ringlc was that sho kissed a ship's officor on tho night of tho raid, and tho fact that sho had been at the houso four or flvo times. There was no evidonce whatovor that she took part in, or witnessed, any immoral act. Ho would, theroforo, dismiss the case. As regards Alma Elliott [hero was no evidonco whatever. The information against her must ah>o be dismissed. Miss Pringle and Miss Alma Elliott were hero discharged from custody. Regarding the thrci> remaining accused, tho llagistralo remarked: "I think there is a charge to answer." The case for tho defenco was then

opened by Mr. Myers on bebalf of Marion Elliott.

Dr. YT. il. Shnnd, of Wellington, said ho examined Marion Elliott on May 3. He found no evidence that she was u prostitute. Ho found evidence to the contrary, such as ono would expect to find in a chaste woman. To Mr. Jackson: He attended Mrs. Griffin from January 25 to the end of February for gastritis. By Inspector Marsack: Hβ , thought Mrs. Griffin was in such a state of health tSat she could not ongago in prostitution. Questioned by Mr. Myers, His Worship saiu that ho did not propose to decido the case of Marion Elliott ou the medical evidence. Witnesses were then called on behalf of luo accused, Hanon Elliott. Eric Joseph Gunman, a private in tho Army Pay Corps at Featherston, said that in civil lifo ho was a clerk. He was . a married man. On tho night of ' (ho raid he was present at Mrs. Grilh'n's place. He had been there before on two occasions, on each tiuio with his wife. Ho knew Miss Olsen. Ho was asked up there for a musical evening. On each ocension (hero were a number of men. and women there. Tho only occasion ne eniv Marion Elliott was the last occasion, April 27. There was .music and singing and stepdancing. Ho never saw anything in the conduct of tho house, or had any suggestion, which would indicate to him that the place was not ono to which ho could take his wife. Tho party always broke up between 10.30 p.m. and lO.do p.m. to catch the last car. ,To Mr. O'Lcary; It was a fact that Lieutenant — (the officer hero referred to was not one of those seen on tho premises) had been keeping company with Miss Olsen for 6overal months prior to the raid, i'his was gcni-rallj-known in camp. Ho hnd known Miss Olson for .eighteen months. To his knowledge she had worked in John Chambers. Ltd., and the Now Zealand Picture Supplies. By Inspector Marsack: Ho had never eeeu liquor in the house, 110 understood from the lieutenant he hfid mentioned that ho was to bo married to Miss Olsen. Ho had heard of Captain Kyan's name in connection with' Miss Olsen. Ho did not know that ut tho present time eho was receiving an allotment from Captain Ryan. Ho had never seen Miss Pringlo there. Subsequently in a \oluntary statement witness asked the Press lo note (hat. on all occasions on which ho took his wifo to Mrs. Griffin's only perfectly legitimate evenings were spent. Ho knew nothing against the place.

Further Evidence for tho Defence. Miss' Eileen Pringle, one of the two accused discharged, said sho was a school teacher. Sho had known tho two Elliott girls for some tiinu past. Al\ thrco had shared a room in which they lived. They were all working: girls. They were nil musical. They all welcomed tho opportunity of going out for musical evenings. In all. sho was jit No. 18 Upland Koad nine or ton times. Always one and usually hoth tho Elliott girls accompanied her there. She met Miss Olson through Miss Alma Elliott, ami-was invited to go up to. Mrs. Griffin's. She met there various people. Fho never onco saw anything which indicated that tho house was of an immoral character or that Marion Elliott was immoral. Sho wns only a, young girl. To Mr. Jackson: Sho had seen drinking by all present except Mrs. Grifiiu and smoking by all except Mrs. Urifiiu and Miss Olson. By Inspector Marsack: Shu horselr drank n little port wine and a little- beer. Sho coulJ not remember kissing a naval officer on tho-balcony on the night ot tho raid. ' ■ , , . Stanley John Collins, clurf clerk in Abbot; Dram and Co., Wellni:;lon, was tho nest witness. Witness said ho had known Marion Elliott for about eight years, both in Blenheim and Wellington. Ho was a married man, and she had been frequently in his house. In all respects ho regarded her as a very respectablo girl The present charge was contrary to her nature ami upbringing in. every Ida Head, married woman, living with her husband at Majorilwnks Street, Wellington, said that on April 27 she took a young girl of 21 years, who was staying at her home, to Mrs. Gnflinshouse for a. musical , evening. This was at tho mviUion ot Miss Olsen, whom witness kn.iw beioro. Witness had never been thure More. Everything was perfectly resp';ttabio and in order at the gathering, (jn the way. to tho Police Station she ;nd tho young girl in question were rather roughly handled. They were not inly arrested but they suffered tho indignity ot being searched. : , , ■> Inspector Marsack: Who searched you. —"A policeman." „ . What, s. policeman searched your i want to know who it was. A matron is kept at the station lor that purpose — "I niado a mistake. It was a policeman who asked me to ]» searched. A woman (tho umtion) searched me." The accused Marion Ll'.iolt then went into tho -box. Witness gave her ago as 19 years. She was born in Bknheim. She hud been in Wsll'inßlon ..bout eight months. Sho was n tj-piste, but for two or three weeks prior to 'he raid sho was not in employment. Shi> was to tako up a position on May 1. Her sister introduced' Hiss Olsen to her, i.iul Miss Olsen invited liur to Mrs. Griffin's place. She herself was very musical, and as all her friends wore too she visited 'IS Upland Road on a number of occasions. She had stayed ovornighl at tlio houso on thrco nights. Sho had never misconducted herself at Mrs. (irimn's, nor had sho ever seeir anything which ninth' her think that the house- y-its n bad house. She remembered tho night Jfr. Gillespie was at tho house. There wns nothing whatever improper in his conduct. At this stage the. Court adjourned until this morning,