SUPREME COURT

Dominion, Volume 11, Issue 251, 11 July 1918, Page 8

SUPREME COURT

MARY GRIFFIN'S APPEAL THE UPLAND ROAD CASE The hearing of the appeal of Mary Griflin against her conviction for keejiin|; a house of ill-famo and sentence to twi'lve months' imprisonment inflicted by Mr. S. K .U'Carthy, S.M., was continued 1 before llis Honour Sir. Justice Hosking I in (lie .Supreme Court yesterday. • iir. JliitsuSsi'i- called a new witness, a ] laclyhelp resident iu o house close lo 48 r Upi.iuHl Koad. Witness said sho was resi- ', (icnl : n the- locality from December last • to February 17 of this year. Mra.-Grif- , fin'.-i him.st: was rowdy at nisht-iime— i at all liours of lhe night. There were > Ein(finK, laughing, and talking. .Sho > I saw men jjoing to tlio hoiisu .frequently. ■ 'J'lii'v were mostly luilitary officers. Tlio 1 men visited the house mostly at week- ■ ends. She heard motor-ears yoiiig thero ; until the small hours of tlio morning. Ono day Sirs. Olsen came to 6eo her, ' and later Mr*. Griffin called, nnd eaid 1 she had overheard all that Mrs. Olseu - had iSaid, and that it was a lot of lies. ' Miss Olson accompanied her, and eaid ' Mr*. (ilriUin's husband was at tho front. ; U'itne.ss asked Miss Olsen why sho did ■ not clear herself when she heard what ' lit-r lnolhiir had said. After Willis discussion as to the admta- ' ibility of the evidence with respect to ' Hit i-onvoivalioii with Mrs. Olsen. His Honour said he would etriko it out. (Jross-exji mined by Mr. Jackaon. wiiness said she had been told that (.'onstable Tricklebank had Jjmii in the house for tho purpose <if watching Mrs. Griffin's \ house. Tlhm'J! was rather too much nmso at .Mrs. Griffin's bouse and at too late an hour for the neighbourhood. It was ! a terrible noise, and it went ou until tho early hours of the morning. Her - room was above Miss Olsen's room, and irheii the light was switched on in tlio latter it shone in the room occupied by witness. Sergeant "Wade was next, called, and Mr. Maeas.wy eaid he wanted the witness lo put in certain letters whicli had been found on tho premises, and whicli wen' addressed to Mrs, Griffin. Ho ijuoled a case l>i>nriug on the matter. His Honour remarked (hat Iho case quoted (lid not bear on tha present case. It. was not necessary to prove that Mrs. (irilh'n was a prostitute, but it. wus necessary to prdve that the house v.is being conducted aa a house of ill-fnmo for the carrying on of the business, of a prostitute. Mr. 'Miirassey said ho relied on the letters to show'that Mrs. Griffin had had intercourse with a number of men. ' His Honour said be did not think fLat might- l>o taken ns evidence. It meant, (hit tlie letters became evidence of wbnt lhe men said, although they were not on oalh and were never cross-examined. .Mr. Jfacassey submitted that (ho let-(c-.'s were found in Mrs. Griffin's possession, and it was a clear point of law that letters found in the possession of a person in such a case were admissible as lihowinj! general character. His Hoiiour: if they made uppointrm'p.r.s for ciilraiice \o tho hoiisfi he co'ild iimlei'sl'iind their ndinissibill'y. Mr. Mnenssey. They referred Is acts of inletcoiirso between herself Mid the writers. She had preserved them, and they go to show (hat .slic was a prostitute. His Honour: You will have lo show tlift she received men for gaij in Ibis house, and not elsewhere. Mr. Macasse.v: 1 have to prove promiscuous intercourse. His Honour: i'ou have ;o prove, rot lint she bad intercourse, but that she kept- tins house. \U. Mwnssey: .If she keep? the house ami commits iicts of prostitution she is k«-ping a house ol ill-famo for gain. Mr. Jackson contended that tho letters could not bo admitted. They only referred to act? conimitted prior to Mrs. Griflin faking the liouse at Upland J!ond. His Honour: If tho letters aro admitt:'il it means I hat if she bad been a prostitute and reforms, nnd letters are found, those letters can provu tha.t ehu is keeping a liouso of ill-faino. It. appears to mo that, is going a tremendous distance. If one does that oiik is followed by these letters wherever one goes. Eventually, His Honour admitted tho letters provisionally. Mi , . Mncasst'.v then read a number of letters which were put In. Sergeant Wade's evidence was on tho linos of that given at the Magistrate's Court. .Dealing with the question of finance, Mr. Miicassey eaid that he admitted Griffin's receipts to have been only iii a week, and any further sums would bo subjected to examination. Her expenses amounted to JM Ifis. per week in ascertained amounts, and to that sum had to be added the cost of living nnd clothing for herself and her children. He then proposed lo put in the Magistrate's notes of the evidence taken in the Court below, but His Honour sr.id, after some argument, that he was hearing the case, fresh evidence having being colled, and the Magistrate's notes were not necessary for him in coming to a decision,* and might possibly befoj- him. Mr. .lackson, in replying, said that the question was ns lo what; evidence there was as in gain or profit. Ho submitted that in order lo prove gain it must bo shown that money actually passed, or the inference must be very strong. He contended that the Magistrate, in his judgment, failed to take into account a numlCT of fuels relative to Mrs. Griffin's financial position. Counsel went into details of Mrs. Griffin's income and expenditure, and showed that she bad an ample margin for living expenses. He then dealt at great length with the evidence given, and contended that Mrs. Griffin was a greally misjudged woman. Mrs. Griffin was then called, and the evidence given by her was on the lines of (hat tendered in the Lower Court. The case bad not concluded when the Court rose last evening.