NO FURTHER BAIL FOR GREY

Sun (Auckland), Volume III, Issue 797, 18 October 1929, Page 6

NO FURTHER BAIL FOR GREY

Held as a Texas Fugitive BIRTH-MARK UNDER HIS KNEE Judge Declines to Grant Freedom HOLDING that the magistrate, Mr. F. K. Hunt, had exercised his discretion wisely, under the special circumstances, in refusing bail to the Helensville man, John Grey, who is being held by the Auckland police on a charge, under the name of A. B. Crouch, of being a fugitive from United States justice, Mr. Justice Herdman declined to interfere in an appeal for Grey’s release on bond, in the Supreme Court yesterday. Grey is said to be the man wanted in Texas, U.S.A., for forgery charges involving 200,000 dollars.

His Honour felt that the evidence of identification including the existence of a birth-mark under Grey’s knee was sufficient to justify the refusal of hail.

tTIS HONOUR accepted as his guiding principle the views of eminent English judges on international extradition law, that in view of the existence of a treaty between U.S.A. and New Zealand, there was a duty to the extent of being a point of international honour upon the Dominion authorities to ensure discharge of New Zealand’s obligations in full..

In spite of all the machinery of the American police, said Mr. Meredith, the man had been able to evade detection and escape from the country. Among his papers found by the United States police in Temple was an elaborate code by which Crouch was able to communicate with his people from any part of the world. He illustrated the code. Pound meant “Meet Edith in Yokohama”; shilling meant “Meet Edith in Sydney”; and dollar meant

Mr. Rogerson, supporting the application for bail, said that under the Fugitives' Offenders Act, power was given to the court to grant bail in all cases whatsoever. But the treaty under which these proceedings were taken took no cognisance of the granting of bail. It therefore remained with the court to determine whether the accused should be released on bail. Questioned by his Honour, Mr. Rogerson said that the magistrate had exercised his discretion once only, and had granted bail to accused: His Honour: Did not the magistrate refuse to renew bail? Counsel: Yes; but the magistrate was not exercising his discretion. POSSIBILITY OF ESCAPE Counsel added that he recognised his responsibility, and claimed that there was no reason why Grey should not be released on bail, provided that sufficient steps could be taken to prevent any possibility of his absconding. He pointed out that there were particular interests why Grey should he released.

“Meet Edith in Nicaragua.” lie was an exceedingly clever man, and by means of the code had been able to get his family out of the country. He bad taken the most elaborate precautions against detection, and counsel suggested that a man of such ingenuity was capable of doing so again. Crouch had been the biggest grain merchant in Temple, and had inspired confidence among the townspeople. The American police gazette circulating the description of the wanted man had suggested that a good place to look for him was the Presbyterian Church. Crouch’s one peculiarity Was that he was likely to throw himself devotedly into Presbyterian Church work. Strangely enough, Grey was intimately associated with the Presbyterian Church in Helensville. Little wonder, then, said counsel, that people were willing to write in letters concerning the arrestee’s character, and petitioning for his release.

The American police had traced Crouch to New Zealand, and to Christchurch, said Mr. Meredith, where the suspect stayed for a fortnight and then suddenly disappeared. Grey denied that he was A. B. Crouch, but, said Mr. Meredith, Sheriff Bigham, of Bell County, Texas, who had known the accused man for 25 years, positively identified him. Identification was further established by a liver-coloured birth-mark which Crouch was known to have below his left knee. A similar mark in the same place was noticed by DetectiveSergeant Doyle, at whose invitation Grey changed his underclothing before being taken to gaol. Again the United States police had obtained two photographs from a relative of Mrs. Crouch in America. One was Grey, who tallied with Crouch, and the other of the house in Helensville in which Grey was living. Grey was a man of means and resource, counsel suggested, and it would be easy for him to leave the country by one of the small sailing boats which could run in anywhere along the coast from Helensville to Auckland.

His Honour: How would the United States view the matter if Grey escaped or destroyed himself. Counsel: The answer to that lies in the fact that Grey has already been on bail for a week. “Leaving aside the personal question of the right to liberty,” continued Mr. Rogerson. “I refer to the extent of the interests of innocent third parties. of the interest of Grey's wife and three young children, and his own business interests.” His Honour: I think it is the gravity of the offence which counts. Mr. Rogerson described Grey’s wide business interests and said the leading land agents of Auckland Were voluntary signatories of a petition for bail. He mentioned that during the short time Grey was in Mt. Eden gaol he was interviewed by no fewer than 50 solicitors. This showed he was in no small way of business. Grey had complied scrupulously with the terms of bail and he was willing now to abide by even more stringent observation. He had done nothing to warrant forfeiture of the bail and Mr. Rogerson contended that the same reasons obtaining first bail still existed.

The police were very uneasy during the time accused was on bail, three special officers being detailed to keep him under surveillance 24 hours of the day. Counsel claimed that every facility was being given Grey to transact business in gaol and that his application for bail was merely to overcome inconvenience.

Opposing Grey’s release on bail, Mr. Meredith, Crown Prosecutor, claimed that the Supreme Court had no authority to control the magistrate’s discretion, in regard to granting bail to a man held under the Extradition Act. "There Is no provision under the Extradition Act tor granting bail,” remarked his Honour. SPECIAL PROVISION

The argument that the Supreme Court had no jurisdiction had been raised, remarked the Judge, but he proposed to deal with the application on other grounds. He was of opinion that with all the information available, the gravity of the offence, the identification by photographs and the birth-mark on the knee all pointing to Grey as the wanted man, and the fact that the code had been discovered, the magistrate had exercised his discretion wisely and it was not for him to interfere.

The Crown Prosecutor proceeded to explain that a special statutory jurisdiction was given to special commissioners. who were magistrates, under the Extradition Act, to deal with such applications. His Honour was not a special commissioner under the Act.

The application was dismissed