ALLEGED SECRET COMMISSION

Dominion, Volume 13, Issue 156, 27 March 1920, Page 8

ALLEGED SECRET COMMISSION

* —~ . _L. AN UNUSUAL CASE ' - ADVERTISING CANVASSER CHARGED ' ..Yesterday afternoon Mr. E. Page, -S.M., ; heard a case brought' by tho police under i ' tho Secret Commission Act. ;• . >•."Prank Montagu Pearn. • traveller, was charged that he did corruptly give to . H./cliard Svdnev Gilkinson, Civil servant, being an agent of the Crown in .respect ! : H i. ; -";'of rtlie.. business of tho Department of <• 'i'i,'ourist, ; !v!id Health Resorts, u gift of I " N tho sum of £3.- as a reward . for-having ! . ' donivan act .in relation to the business ' " a?: tli'6 Crown, to wit,, the act of prorenting I>V tho. said Department of an ad- !■" ►. .; verliseih'e'nt in tho periodical publication : •' called "Wheeling." Arthur Bces'Thonias; i company manager, was charged with aid- <. ins and 'abetting the commission by P. •"M Pearn of an-offence against section 3 ' of tho Secret Commission''Act, by giving 1 ' to Eiehard'S. Gilldnson the'sum of -£3. ' . Mr. P. S. K. Muenssey appeared for, the • ■ Crown and Mr. M. Myers for the two defendants. The caso against Pearn , .. ■• was taken first. Mr. .Macassey said tho defendant was employed as a canvasser for tho publica:.,tioi> "Wheeling." He saw Gilkinsoii at 7r^the,Tourist Office, and secured an adver'tisemeiit costing £80. After the .advertisement was arrowed 'for, Pearn saw Gilkinson in the- street, and ottered mm nionev. which he refused to-take. Gil-kinson-was the advertising clerk in tho Tourist Department. Later, Pearn saw Gilkinttm.. and gave him an" enve ope . ; : • v.'hich contained three ,£1 notes, and a ." card endorsed "For Mrs. Gilkinsoii. Gilkinson. sent back tho money later ,on ■ bv cheaue. , Thomas C. R. Cox, said he was emploved as managing-editor of. 'wheeling 'until the first week of November last, ' when he resigned.. Pome time in October Pearn came into the office, and nslcfcd for a plain envelope, which, was given him.Then Pearn rang up Gilkinson at the Tourist Office. iid-T asked the latter to meet him (Pearn) ni a quarter of : an . honr. Some time later, Pearn told wit- . tiess that-he gave Gilkinson some money, which, he was glad to receive. : before the Public ' Service Commissioners, who field an investigation,: Pearn . had said '"'"that the money was a present from " 'Thomas and witness to' Gilkinsoii. ■' To Mr. Mvers: As far as witness was -aware. .Pearn' had' not-received commis-, ' ''eion on advertisements trior to this. ' : Pearn" was working on salary. Pearn s - ' • Bame'-was on tho-iournhl as advertising .traveller for "Wheeling." "Witness gave iViotice of his resignation- oil November 25. It. was* twelve imonths', notice, but, 1 two days after he'got. a "month's salary ' and was told to go. Two days before he resigned. and while he was-still, in the employ of he told Detective Kawle of, the payment of the ■ ' i -commission hv PeaTn to Gilkinson. ile '.vas bringing an action against the com- : tianv claiming J8312 damages on the ■ .'ground of wrongful dismissal. Witness ; denied having received a suit of clothes fiom an advertising .agent or from anycno'doing business with Wheeling. lie • : "refused to sav. whether nc liad received , • . ; M from a person Inst month. ■ ' Richard Svdnev Gilkinson said h<mtw « ■ in charge of the advertising of the Tour-J.-ist Department. He knew the accused, . '■ who negotiated. with witness for an ad- ■, . ;': - : vflrtisement for "Wheeling eventu- , nllv- was riven an advertisement tor , . three months, costing Wi taess , / some time later received from Pwin a ' telephone message, and tliej met out&ido I : ' the Tourist Office Pearn gave witness , an envelope, saying, "That is for yon. i '■ Witness risked, "What.is it and Pearn i R ni,i "Find out," and disappeared. When , witness eot home he opened, the envelope, -j , ind found three JBI notes I / . Pearn's- card, on winch , was inscribed, V : "]i'or Mrs. Gilkinsoii, with my comph; 1 . ments." Witness,. reported the matter t to Mr. B. M. Wilson, manager oi ihe e - : -"-'".iWrist't"Demrtnient... Pearn that \ , been very . good m D iun o 1 photographs to "Wheeling. . ■ . ' Cross-examined. ■-witness said the con- ] for the advertisement "tvas arranged | ' .about -October '21. and the first, time , : "Pearn offered linn anything was about , ,"'-V November"2. . When the contract was « .. made there was no 'ofter or suggestion ot \ - reward. ' When; Pearr, did give him ,;;.:"L.':tho inonev he referred to the ( ' .of witness in . giving the .papeiv photo- , ' graphs". ■ Mr. Wilson- personally fixed the ] ftdvertisirie contracts; witness had no f tower to-eive "Wliceiiiiß or Mr. Pearn { an advertisement, and Pearn was made ] n.warfe'.'of'.that when he approached wit- 5 ' ' " 31 Mr Mvers. for the defendant, said that c , the: charao was that, on November 8, t ' Pearn did, "corruptly" give to Gilkmson i£3 for "lirocuring" »n advertisement, j , Gilkinson, did not procure the advertise- , - ' meut. and the advertising- contract was ( made on October .21, no payment was . ! ' made, and no payment had been suggest- ' .eiL.up to that time, lhe first sugges- , tion was made 1 on or about .November : ' ior 3-some time after tho contract had '"been concluded, and not onlj; that, but .' ■'Gilkinson. who had-.given. Ins .evidence ■ " ' with obvious candour and honesty, had ■ that at" the time the money was i offered "he was reminded of having becu I generous to the paper in giving u photo- r graphs. The importance of that obsei- . vation was obvious.-Before there cou d " " b'o im. offence tho person paying the monev must have done _ so 0 01 ' ru ' There-were tivo reasonable and possible ' ,;-.inferences to' beJvaxn-me- guilty and ~'..?.'"6ne innocent. The-Court knew that tho • innocent inference must lie drawn. Ihere must have been a-payment about tho • ; -time the contract was made, or there I I nfust hiive been an agreement or oiler i ; before Itlie contract was made to make a liavment afterwards. A payment- or pro- i , "mise of payment must be in thenatnre i of 'a' reward. A, payment of. this kind I ;; was reprehensible, bnt: it.was quite au- i other thing to suggest that | was an offence against the statute. p ul " 'in" the Kcent election case at btrnt- I ford a point arose under section -19 ot tho Legislature Act. In that case i i ' .frrts shown that an election liad taken I ■ place on a certain date, and there-were i four men playing.in .thei.orchestra, and ( three dav's after tho meeting three of tho i men received ss. each from a niembei of | the executive committee. Thei touit ' was apparently of opinion that that was ■ not an irregular payment under tho section • because there was no payment at .' tho time the service was rendered, and . ' ho agreement or promise to pay had i :. been made when tho service was rendered The navment was made afterwaids, , anil was not connected with any promise 1 previously made. In the. present caso the contract for the advrtisement was 'not made bv Pearn and Gilkinson! the Mntract was fixed by Mr. W. son, the head of the Department, and there was no payment- or any suggestion ot pay- , . - ment. when the contract was mado. .Counsel dealt with tho word corrupt and its meaning, and' after referring to the law on so.cret commissions, concluded I>V claiming that tho information should be dismissed. - ■ Mr. Mvers said he would not call e\i(le'ncc. bnf. asked for a Oil the point of law. . The. Magistialo ■ • npfordin»lv reserved decision. ' S case against Thomas was r.djoum- . ' Ed sine die.