THE WINDER CASE

Dominion, Volume 13, Issue 199, 18 May 1920, Page 8

THE WINDER CASE

A CHARGE OF BLACKMAIL

CASE FOR PROSECUTION

ADJOURNMENT- TILL TO-DAY

George Herbert Winder was arraigned yesterday in the Supreme Court upon a charge of having, with intent to extort money, accused or threatened to accuse Clifford Peel of committing the crime of indecent assault. Mr. Justice Herdman was on tho bench. ' " Mr. P. S. K. Macassey prosecuted. Mr. A; Gray, K.C., with Mr. G. G. Watson as junior counsel, appeared for tho defence. \. . ' Mr. Macassey, in outlining the case for the prosecution, said that the accused was 24 yea/s of age and the son of highly respectable parents. Clifford Peel was an indent agent carrying on business in Willis Street. He employed a typiste-named Edna .May Dixon. While this girl was standing at Perretts Corner one evening, itho accused 1 accosted her and she accepted his invitation to attend the pictures. A week or two before tho alleged commission of the offence. Winder met the girl at her employer's office. Miss Dixon k told him that she and another girl had to.go on the following evening to a certain oihea whero Peel and another man would be. Accused suggested that she should scream and he would then enter tho offico and threaten to ring up the police. He would demand money from the men present, starting at and coming down. In reply to a question ; from the girl, Winder' saM that the. echemo was like tbatnn "De Luxo Annie," a picture which both Winder and Miss Dixon had • seen. Accused said he had made .£3OOO a year "at the game" in Canada, and hail had to shoot a man in self-defence. He showed her a revolver, • and offered it'to her, but she declined to take it. Winder faid that if the scheme proved successful when used upon Peel and the other man, he arid the girl could next t-y it on the manager of the Midland Hotel. The girl' 'became ■ afraid, and told Peel abote'the matter. Peel dictated a letter which the girl delivered to Winder. On tho night of the alleged offence (April' 23) Miss Dixon screamed while "she was in Peel's, office, where she had told Winder she would be.. Winder entered and demanded money of Peel. After his conversation with the.complainant, he.was arrested by detectives, who had been' waiting on the premises. Evidence for the Crown. Edna May Dixon. 17 year 9 or age, and residing af. Brooklyn, said that • when she bold Winder she. was going to the office at which Peel and the other man (oife O'Neill) were to.be, Winder pbserved that it'was rather curious.that there two typistes present. Windor offered' to go along to the office am. wait M witness. She agreed. On the evening on which this conversation took place, witness- went with Winder to supper and the two 6poke about the picture play "De Luxo Annie." Winder said: "If these two men are not what they should be, we could get 6onio money out of them." He said witness could scream, and he would rush in and demand- the money. He would demand about .£SOO from each man. He said later that he would pretend to ring the police, and that the men would offer him money to induce him not.to do. so. Winder showed > witness a revolver, and told her she could take it with her if she'wiahed to. He said .he had made <£3000' a year "at the same game" in Canada. Ho had had another girl over there, but she had got. married. He had shot a man with the'revolver he showed her, and that was the reason for his leaving ,Canada. Witness began to get nervous and told Peel, who dictated a letter to Winder. The letter in question was Tend to the Court. It .purported to be written by Miss Dixon, and contained the suggestion that Winder should write her regarding his alleged plan. -On the. date of the ; alleged offence (witness continued) she met Winder and asked-him what he was going to do. He v tqld her to come into a restaurant where they could make'arrangements. She, told him she had to be at : Peel's office at 7.30. He instructed her. to 6cream at 8.15 and not before. He would enter and say:'"This is a nice state of affairs," and would pretend to Ting the police.' She was to retire to a corner and cry. Winder's suggestion'.was that the money obtained should be shared, equajly, between him and her. i - , , At 8.15 witness, who was with Peel in the Matter's office, screamed, and Winder entered with -, the "remark: "TluV is a nice state of affairs." Winder flaid lie 'would, give Peel pome time to make up his mind, and Peel asked 'what he wanted. Accused replied: Peel said it was too much, and the accused agreed to s take .£50.. Winder wanted the money hv notes, 'but'he filially agreed to accept a cheque in witness's name. Accused gave liis name as G. Brown. Witness saw the cheque being written out. Winder wanted witness to go with him, but Pcelintervened. The detectives then/came on the scene. Witness had not been aware that the police were to arrived She knew that Peel was to 'have'two friends-there. Peel's beha-iour towards witness had at no time, been im. nroper, and until the conversations'with Winder she had never entertained any suspicions of .Peel. -. Miss Dixon Cross-examined. 'Mr.'Watson, cross-examined. .Replying to his questions, witness said she had stated in the lower Court that she had a poor memory. -It had not improved-since. After being warned by the Magistrate not to communicate with any witnesses in the case, witness spoke to Peel for half an hour or so, and had tea with him. She.did not, however, refer to the case at all. She recognised that her action in ; permitting ' Winder to take her lo the pictures was strange, in view of the fact that she had not mot him. before. Witness acted entirely under Peel's direction from ,the time at which she typed tho letter to Winder iVlt Peel's dictation.' From Wednesday, April 21, to Friday. April 23, sho was 'determined to do all she could to "lea<l Winder into the business." ' Mr. Watson: Was Peel equally determined to lead Winder on?' Witness: I think so. • i To His Honour: Peel said that a person Like Winder should be seen to; He 'thought it would bo best to living' Winder along, and see what he would do. Mr. Watson': Did you not, early in youi) acquaintance, with Winder, tell him you'thought "Peel might do something"? —Witness: "yes.". ' And at that time you had been less than a fortnight in Peel's employ, had you not?—" Yes." '.Probably entirely without foundation, you believed at that time that Peel and O'Neill wero of scoundrels ?~ "Yes." .'.-;, ' And you led AVinder to believe so. toor —"Yes. 1 think life believed it." And at that time you believed Windor to he your protector against these' ''scoundrels" ?—"Yes." But you told your parents nothing m spito of your suspicions; and you went back to work with Peel and O'Neill in spite of them ?—"Yes." On the nisht on which she was to work at O'Neill's office (witness continued) she asked Winder to come down two or three /times during the evening to serif everything was right. Witness saw Winder outside a* s'ho left Peel's nffieo for O'NeiltV Witness had'told Winder •that Peel would be'sure tn ask whether he might take her home. She told Winder next day that Pee! had taken her homo in his car, and had "made it protty hot for her all the way." It was true that Peel had taken her home. but. tho statement about "making it hofovas a lie. Some time on the Monday or 'hiTuesday she, had thought Peel and O'Neill to be scoundrels. Tt was on tho ■Tuesday night that slip allowed Peel to take her home." After having spent the evening in his company, she did not still think him a scoundrel. "Adventures." Mr. Watson: Did you not tell Winder you had had lots of adventures before tbjfi?—Witness: "Yea."

Was that true?—" Yes." What were those adventures?—" One was the writing of a letter to leave the Girls' College." Were Micro any others?—"l don't know whether you would coll. them adven. tures."' ' • , His Honour: What did you mean by adventures?—" Exciting moments.""^ To Air. Watson: I've ihad wild boasts ciinsing'me iu the- country. You were exasperating n, littlo when you told Winder about these adventures? -"Yes." " v You didn't tell Winder what theso>ndveiitures were ?—"I niay Juiyc done."

Witness explained with reference to the letter about leaving; college/that it was addressed to tho principal and intimated witness's intention to leave. Witness forged her mother's signature tothe letter. Her,parents had not given her a decided answer when she raised the question of leaving. Witness said that the typing of an ur. gent letter was the business for which she went to O'Neill's office. She took a shorthand note of the letter, but she dio not typo it. .The letter was never,typed. To His Honour: It took .witness' about on hour and a half to "take down" the letter. To Mr. Watson: Witness deceived her parents about going out on that occa. sion, ami on rfher occasions, also. In offering 'her the revolver, Winder told her it would do to keop anyone from interfering! with her until he could come to her aid. The revolver was empty. Mr. Watson: When did you lose your suspicions of Pee! and O'Neill ?—Witness: "On the Tuesday night, after I had worked with them." And you never told Winder you had changed your mind, but let' him go on believing you still .thougnt they were scoundrels:—Witness '"assented. i Did Peel know you were deceiving your pnrents about / going out at night—"Yes. He wanted me to tell my parents about the whole thing,' but I would not." Did you believe nil this rubbish about Canada P-^'Ycs." Did you believe Winder had shot a man in Canada ?—"Yes." Would you -have believed him if sie had • Raid he had shot ten nym in Canada?— "Yes." . And if he had said he had shot one man in Wellington?—" No." "Under Instructions." Did you not on the Friday lead Winder to believo that you suspected Peel would attempt something wrong that ligWt?—"l led him to believe that I eo«ld ihake it o>e so." His Hontfur: That you could tempt Peel in 6uch a way that he would assault you? -• '"Yes." i. Mr; Macassey: She was acting under • instructions. . ' Witness explained that she had been told by Peel ro,go about the matter, but the methods she adopted .were Iter own. In Peel's office on ithe Friday night she cried "Don't" and "Help." She . told Peel to switch out the light in order to make the scene more realistic. Witness wished to lead Winder to think an outrage was being committed. His Honour: Supposing this-man had been guilty of an outrage, it would not excuse Winder if he tried to extort money. •■-.■■ Mr. Watson agreed that that was so. He had been endeavouring merely to test the credibility of -the witness, and to show the effect upon Winder of what the givl said and did'. Mr. Macassey again pointed out that what the witness admitted she had done was all, "part of the scheme."., . His Honour observed that what happened in the room did not much matter. There was the question of a cheque, for .(£SO to get over. \ Re-examined by Mr. Macassey, witness said that when taking the letter in "O'Neill's office she was very nervous,,-, as she did not: write shorthand well, and; a stranger was dictating to her. That n'ght she asked Peel to take her home in his car, because she was afraid she might meet the accused. SKe wns satisfied from their conduct during the evening that Peel and O'Neill were honourable man. Clifford Pee! in the Box. Clifford Peel, indent agent, gave dence similar to that which he had given in the Lower Court. He said.that what Miss Dixon had to take a note of- in O'Neill's office was a lengthy ■ bus-.ness contract.' Ho would, if the Court desired, produce from his office documentary evidence of tho faat.\ . , His Honour thought it would be advisable to'send for the documents before the end of the trial. Witriesn said that ho and Deteohve. Carney tad a discussion nt which a programme was arranged for Friday, April 23 ' When Winder rushed hi, witness stepped aside and shut the door. Jlhen ho asked what Winder wanted. Winder said: "This is a nice state of affairs. I know this girl. Ihave comedo rescue - her. from a blackguard like you. Winder' continued to the effect that lie had been watching witness for months and was quite sure that he (witness) was going to ruin the girl that night; there were too many such men as witness in Wellington, and witness ought to be.in gaol. Witness said: "What are we going \o do about it?" Winder replied: I nm going to ring up % police and show. tou. up." Witness said: "Go ahead. Winder put his hand on the phone and Hi, "I'll give you till half-past eight to recompense the girl." Witness replied that he had nothing' to recompense ..her for. Winder sa'd, "I say you lt«,»d].a gong to ring up the police if toj don I 3o it." About 8.30 AVinde-r said.: What i° it going to be?" W-tness replied "Can't we Wh it up?" Winder said I you recompense the (!»''•• ,/<*• Witness «aa, "What about .£10?" Wmder was very ind'gnant and said nothing less linn jSBo would do Mm. ■ Witness saul ' So it's you who want the money? Winder go 1 -bit flustered and replied -Hurt he wanted the money on behalf of the girl. Witness offered &oand Winder referred tho offer to the g-rl Dixon Witness did not know whether the girl, replied. Winder said he would take £W When witness offered to write a cheque. Winder said he wanted notes Witaes, explained that he had r.o JHI i, notes. Then the accused said he would take a cheque. Accused, asked that the cheque be made out in the girl's name, but witness refused. Witness said he would give accused a Cheque if the latter liked, and he added: "What name?"- Accused said: , tt. produced was identified 1 by witness as the one he had made out. Peel said that Winder informed him the cheque would be presented on the following morning, and if witness stopped payment he "would go to gaol in h« afternoon." Witness ordered accused out of the office Winder demanded that the girl should go with him. Ho struck nt witness., but missed- and witness knocked him about eight feet across the room into the arms of Detective Carney, who ghad iiist come in. ~ , Asked by Mr. Gray why he did not Inform Mr. Windo/, sen., of what someone claiming to lie a Winder was doing, witness said he was afraid that. Mr Winde- would consider either that, he was telling lies or that he was attempting blhckmail. Witness stated later that he wos determine to trap Winder. . "I did it as a public duty in the interests of business men," he said. M< Gruv, And every thing came out ns yo.i had exnected '-Witness: "It came out better." \ Detective Carney entered the witnessbox nt 4.50 p.m., and repeated the evident., hj had ffiwji at the preliminary ' hearing of the case. . , , ~ Witness was crass-examined by Mr. Watson and nt 5.15 n.m. His Honour adiourned the case till this liiornmg. The ca=e fcir the defence will be of died at 10.M o'clock.