THE WINDER CASE

Dominion, Volume 13, Issue 200, 19 May 1920, Page 8

THE WINDER CASE

VERDICT FOR ACQUITTAL

EVIDENCE OF ACCUSED

THE "DE LUXE ANNIE" IDEA

Tha trial of G-.-orge Herbert Winder upon a. charge of blackmail yas resumed in tho Supreme Court yesterday morning. The Crown alleged that with intent to extort gain Winder accused or threatened to accuse Clifford Peel of committing tho crime of indecent assault.

Mr. Justice Herdman was on the bench.

' Mr. P S. IC. Macassey appeared^for the prosecution, and Mr. A. Gray, K.C., \ with Mr. G. G. IWatson as junior coun- ! sel, conducted 1 tile defence. < ' Clifford Peel, recalled by Mr. Macas- ' sey, made a further statement regarding what was done in O'Neill's office 1 on 1 the Tuesday night. Miss Dixon I had at the previous sitting given evi- [ dence that she spent an hour and a half in taking shorthand notes for an urgent letter arid that those notes ivere nevir transcribed. Peel yesterday produced the book in which the shorthand notes were made. He told the Court that the notes filled 18i pages. Tlwv would not have taken an hour and a lial* to make, but for the discussion that went on about what the terms of thi letter should bo. Tho letter was never transcribed because next morning witness found that Miss Dixon could not read her notes. He had found her a smart shorthand writer 011 other occasion's, but in O'Neill's office, as lie had stated on the previous day, she was nervous at receiving dictation from a stranger. Miss' Dixon was the only typiste present. His Honour observed that Peels evidence apparently disposed of a suggestion that Peel and O'Neill were to get two girls into the 1 office for an improper purpose. _ ; 1 -. The foreman of the jury asked why there was only one girl ptesent, when it had been' stated in- evidence that there were to be two. ' Peel replied from the box that he understood the other girl was indis-, posed. He. had found out since the night in question that there had been two of O'Neill's travellers back in the sample room during the whole evening. The Defence' Opened. Opening for the defence, Mr. Watson submitted tlmt the Crown had failed to provo' its ca6e. Reviewing the evident of the girl Dixon, /counsel said it was important that the jury should remember . Miss Dixon was the first to make any mention of "Do Luxe Annie." (This was a picture play l.lustratin? a certain method of blackmailing). ° Miss Dixon had admitted, that she deceived her parents about her going out at night. • She had also ademitted that she ,'once forged her mother's signature to a certain letter; and sho had told the Court that she and Peel were determined to trap Winder. Counsel submitted that >the girl poisoned Winder's mind against Peel _ and that oa the night of the alleged offence Winder genuinely bslieved Peel to have been guilty of wrongdoing. Money and "liushing-up" were first mentioned by Peel. 'Winder's first statement in reply was that' the- matter was one .to settle with the girl. Winder's threat of communicating with the police was susceptible of a different interpretation from -that placed upon it by. the Crown. The jury might infer Winders meaning, to have been that if Peel refused to- compensate the. gsrl he (Winder) would put the whole matter .in ; the hands of the police for investigation. Evidence that the accused had borne a good reputation was tendered.by the following: C. M. Luke, a former . Mayor of Wellington and an ex-member .of the Legislative Council; AY. H. Atack, manager of the N.Z. Press Association; W. Bridson Wellington manager for Uriscoe and' Co., Ltd.; J. H. Brinsden, manogur. for tho'Dunlop Rubber Co.; and P. C. Watt, contractor. . ; • Winder in the Box.

Accused entered the witness-box. He sail ho was a son. of G. Winder, hardware merchant, and had' been in tno employ of his father for the- last year. He received £a a week, nnd had his bilk for books and clothes paid . tor him. The only debt he had was one of .£5 br books. He did not pay board, and he had never been in, need ol mono?. On the night on which 1 c nrst met Miss Dixon, he had an appointment with another girl. He had booked seats at a picture theatre. He saw Miss Dixoi walking up and down about PerrettV corner, and he described to her the friend for whom he was' waiting. Miss Dixon said she had seen such a person half an hour before. Witness then remembered that he was half an nou- Me. Ho waited at the corner for another ten minutes, then took Miss Dixon to the pictures. , H- saw her again some months later, meeting her accidentally m the street. That day she told him she had to go back to work on the following iurli, and she w.ib "a bit scared about it. She said she was scared partly because there was in her office another shorthaul writer, who was more competent than she. and in her opinion that , stenographer have gone...The worst part about it was, she stated, that she was not going to her own cmployer's office, but to another office. She Ld not told her parents, for they would not let her go. Witness suggested that the easiest Way would lienor her to tell her mother and so lie-pre-vented, from going. She that slßdid not want to 'refuse Peel. She observed, it was curious that two testes Vere te.be. present, and ho agreed that it did seem so. iWi new offered to go and meet her next nigh . Miss Dixon said, she had not much work to do during the day, and it , was funny she should have to go back J atntahr. Witness arranged to go down to O'Neill's. ■■„... Pictures. . | This conversation took place en the way to a theatre. It was renewed in the. theatre, while witness had in his mind the idea that the girl was posX in some sort of. danger Witness asked what time she could get away.from O'Neills. She said she would not let them kr.en her after nine o'clock. If prything happened to prevent her comHj out at that hour, wihww told her ho would bo mp and W whether all was well. Ho thought it possible .that the street door might bo shut, so he told hVr that he had a small revolver at home that would "suffice to keep Peel !wav" The revolver was unloaded. Witness had had it given to him four venrs before, ard had never load d it. | It w«. amnatd that the girl should carry the revolver in her. overcoat Tin if the dcor were open witness wouli 1in at nine to protect the girl, and if t werfshut sVcould look after herself with the gun. She observed that it woulb' rather funny, if witness nrrived "while Teel was in the middle of "olng wmethine." , Witness, assented but pointed out that si le would low „",. job. She said, "Oh. no, I wouldivt! I would have him (Peel) under my hilrab then." "Yes," witness replied, "von would lie a regular little Do W Annie." She seemed to under--Bten< - "A De Luxe Annie Expert." Then witness told her he was a "Do Luxe Annie expert" and had worked that came many a time in America. Ho believe he tokl her he had made money 5 it Witness had never been out of Nov'Zealand. What suggested all this wn t" "irl's saying that ,sho would ave Peel under her thumb. The girl eemed to believe all witness said, and therefore witness, just for; Ins own amusement, "piled it on" to see_ how much sho would take in. • , By arrangement witness met the girl next da\ about five o'clock no and she went to tea together and therewa more conversation about the Unite' States. Miss Dixon asked a lot or questions. She inquired how he worked the "De Luxe Annie' gain?, and witness explained that it was worked by a woman going into an office, and gettinT n man into a compromising-atti-tude so that her husband might enter and demand money. H? said lie had mado JCSOOO a week at the game. "Couldn't we try .it. on tonight? ' Miss Dixon inquired. Witness said, jokingly, ."Certainly. ,Ho thought as sho seemed to boliovo |

him ho had better "make it hotter," so he produced his revolver and clicked it, He said ho had shot a man with it. "So you're a murderer," the girl said, without any apparent surprise. He thought then that he had better soften it down, so ho said it was in self-defence that ho did the shooting. The girl told him sho "couldn't get out of going home with Mr. Peel." • She had to meet Peel at 7 o'clock at his office. Witness took her theje at the right time, and followed to see wliother she went to O'Neill's office.

Whilo they were talking about "the scheme" she asked whom they could trv it on after they had tried it on Peel and O'Neill, i Witness replied that they could go to the United States, or to Auckland, or to the manager of the Midland Hotel. The latter was a friend of witness's. Witness had beori his guest. AH this was meant as a joke, Witness was trying to find the limits of the girl's credulity. Ho failed to discover them. ' Sho mentioned tn him that her employer had been trying fur coats on her. Witness thought that thnt migWi indicate ulterior designs on the part of Peel. Watchful Waiting. Witness waited about in front nf Peel's office for three-quarters of an hour on the Tuesday night to see whether Peel and Mis? Dixon would really go to O'Neill's. After such a wait he began to suspect that perhaps Peel and she were not-going to O'Neill's at all. However, they appeared about 7.45, and went to O'Neill's all right. Witness went to the pictures to fill in the time till nine o'clock. At nine he went to O'Neill's and saw the door open, and no sign of anything wrong. He went awav, and returned half an hour later. He then' decided that Mi*s Dixon was gone, so he went homo. He felt by this time that Miss Dixon's suspicions were entirely wrong, and he mado up' his mind he would not see her again. Next dav about 1 p m. he passed Miss . Diron and another ,girl with Peel in Willis Street. Witnefs bowed and walked past. About one hundred yards further on he was approached by Miss Dixon, who must have followed him. Sho asked why he had not 6een her during the day. ne replied that he had been thinking of ringing her up, but had not had time! They walked towards Peel's office. She told him that on the night before.Peel had lakon ber home in his car, and had "made it pretty hot." .She finally gaveiiim a letter, and asked him to read it.

Witness read the letter. It began: "Dear George." Sho had never before addressed him by his Christian name. He inferred from the letter that matters were "worse than lie had thought." Ho decided not to see the girl again, and he destroyed the letter. She nsked him to see her 011 the following day, but he said he was too busy. Talking It Over. About 4,30 p.m. on Friday, April 23,' witness met /Miss Dixon, who .said she had been trying to get him all day. She said: "Oh, he's going, to try that on to-night. He wants me to go back to-night. ■> There won't bo much work to do. There will be only he and _ I there, and I'm quite certain about it. Don't you think we ought to try on that scheme of yours?" Witness replied: "We had better talk it over." So theywent to tea together. Miss Dixon asked how mucli money they would be likely to get. He replied that they would bo lucky if they got any. ■. Witness gathered ihe impression that she wanted monev. ■ He said: "You'll lose your job; you ought to get something for that." . .. . Anvono listening to the conversation would have known that the talk was about getting money for the girl. While thev were discussing the time at which witness should call, she suggested that probably Peel w.ould not begin anything at once, and sho could probably look after teerself for a time, provided witness did not call too late. Ii was Arranged that witness should be there at #.15, and if Peel did anything she was to scream. Witness did not say what he would do. The girl asked what she was lo do, and witness said: "Oh, you can go into' a corner and cry." Only 011 ttie occasion on which "De Luxe Annie" was discussed had witness suggested, he might play the part of the injured husband. Witness really believed on the Friday night that the girl was in danger. Jle had not made up his mind that he would, try to obtain' any money, though he suggested fimt i-Tss Dixon ought to get .£2O as compensation for losing Irer job. In Peel's Office. That evening when'witness got to Peel's office lie could see the inner office wa9 lit up. He decided that another mistake had been made, and was about- to retire, when the. light went out. Then he heard a. scream (he thought) and a cry of "Don't" and "Help." Witness, had no doubt, then that the girl's suspicions had been well founded. He entered tho' oilice. The girl appeared to be crying, and though -witness had told her to cry he did not then realise-that she was acting a part, for it was only natural that she should be crying. Witness tried to get to the 'phone. Ho really intended to ring the police, but Peel got. between •him and tho instrument. Pwl tagged witness not to ring. Witness said. "Don't talk to me, talk to Miss Dixon." Then he sat down and waited for Peel to talk to Miss Dixon, but Peel kept talking to ®im. Witness again told Peel to address himselT to Miss Dixon, or he (witness) would ring up the police. Peel kept'talking about "trying to' fix it up some other way," but witness took no notice. Finally Peel said, "Couldn't we fix it up w.th a fiver or a tonner?" Witness's rejoinder was, "A fiver or a trtjiner! You ought to be —Peel said, "How much do \ou reckon you ought to get? Witness replied that ilflfl was little enough. Peel said, "You're making it pretty hot, aren't you?" Witness'replied, "Yes, I am. You tried to get a dirty one on to her, now she is getting a dirty one on to you." Peel argued, but witness once more. referred jiiin to the girl. Finally witness himself addressed M'ss Dixon, saying, "Do you want, me to ring up the police or do VOll want me to takt money from Peel?"' He got no answer, so he sa'd. "Do you want me td ".i'ng up tho belico'" She shook.lier head negatively. "Do you want me to get money from 'him?" was witness's next inquiry, ,vr>rt unanswered. Then Peel said, yell. HI tell you .what—l'll give you 50 notes. Witness said. "Will you take ■50 notes, Miss Dixon?" The girl nodded /No. Witness told Peel that if she would not take 50 he (Peel) would have to make it a hundred.

A Cheque Accepted,

Peel replied tlmt it would have to be 50; and after putting the-question again to the girl.and receiving merely an indefinite shake of the head in reply, witness, being "fed up" and wanting to get : t over =m>l, "Right oh. olie 11 take 50. In accepting the offer witness assumed lie had the authority of the girl. TVitness received a cheque in G. Browns name, becuuse Peel said he had • not .£SO ■in note'. Witness tried to Dixon nwav. but Prol intervened. Witness gi'abbect Peci T:y r" e wrist and told Miss Dxon to "O Someone entered and attacked witness from behind. Witness thought Peel had ' friends there. He did not know ho was resisting the police. Detective Carney handcuffed him. Only then did witness realise that "he had been sold." His signed statement to the police was made under considornlilo nervous strain, and he 6et down things that were facts, but,facts given in the wrong order. . . Cross-examined. Accused was cross-examined. In reply to Mr. Macas?ey's questions, he said Miss Dixon probably understood that ho-'intended to demand money from Peel. For all that, ho had no such intention. He had represented himself to her as a desperado, and he could not "come down at once" and toll her he was not such a character. There were two discussions of 'schemes. The first arose out of the conversation about "Do Luxe Annie." The girl appeared to be serious about it',' but witness was only joking. He went round to the offico of O'Neill .merely to see Hint nothing happened to the girl. It was by no means his intention to enter and demand money. Mr. Ifncnsscy asked -.witness" a number of questions about his statement to the police after the occurrence of April 23. Witness admitted Hint ho sot down exactly what the police said he did, but he claimed tlmt there wore in the statement inaccuracies due to his excited condition. /■Prosecuting counsel referred particularly to the following pas-age in the signed statement:—"l said that if Peel was a bad egg we might as well get something out of him. I suggested about JioOO." • Witnesß said lie had novor epokon

about getting .£SOO except from Peel and O'Neill together. He had never said anything to Miss Dixon about getting A'soo from Peel on the Friday. lie-examined ]>.v Mr. Gray, witness repeated his assertion that it was only in the conversation of the Tuesday that lie ppske about rushing in and demanding money according to the. "De Luxe AnJiie" scheme. He was then merely joking. Addressing the jury, Mr. Gray submitted that the cvidenco revealed nothing more than an escapado of a foolish youth and nil unsophisticated girl. Mr. :Macassey replied. His Honour, summing up at 3.20 p.m., said that if Winder accused Peel of a crime in order to put mpney in his own pocicet, lie ,wai= guilty; and if ho accused Peel for the purpose of getting money for the .(rirl,. he was equally guilty. If, on tho other hand, he niado no accusation of a crime, or if lie made an accusation but had no intent to extort money, lie must be acquitted. Tho jury retired at 3.45, and returned at 4.25 frith n verdict of not guilty. Winder was discharged.