John Grey Held for Extradition to U.S.

Sun (Auckland), Volume III, Issue 808, 31 October 1929, Page 11

John Grey Held for Extradition to U.S.

FIFTEEN DAYS’ GAOL NEW POINT RAISED ‘•lt is questionable whether counselling forgery is an indictable offence included in the Extradition Act/* submitted Mr. G. P. Finlay, raising a new point when an extradition order was granted against John Grey, land agent, aged 43, of Helensville, who apf peared in the Police Court yesteri day. REY is alleged to be A. B. Crouch, | alias J. M. Cameron, for whose j arrc.-o on a # charge ot forgery a war-1 rant was issued in Texas in 1916, and j a further warrant was given on the j application of the United States Gov- j eminent by Mr. F. V. Frazer, S.M., in j 1917. Mr. F. K. Hunt, S.M., committed 1 , accused to gaol for extradition to the | United States, remarking that he would not be surrendered within 15 days, which would give him time to apply for habeas corpus or take qny other steps. When Grey appeared at the Police Court yesterday afternoon, the magistrate read a requisition received from the Governor-General, in terms of Seclion 8 of the Extradition Act, IS7O, notifying that an application had been received from the United States Government through the Consul-General, Mr. W. L. Lowrie, for the surrender of A. B. Crouch, as a fugitive from justice, and requiring the issue of a warrant for the arrest of the fugitive. | The requisition was signed on behalf of the Governor-General by the Min- j ister of Justice, the Hon. T. M. i Wilford. Mr. Meredith, entrenched behind papers hearing seals of many hues, j appeared for the Crown, and Mr. G. i P. Finlay, with him Mr. Terry, repre- I sented accused. ARRESTED MONTH AGO Stating that he appeared in support of the application of surrender, Mr. Meredith said that Crouch was charged with forgery in Texas, obtaining money from a bank at Temple by forging a bill of lading. The application was made under the Extradition Act, 1870. Crouch had absconded from Texas and a true bill had been found against him in 1916. He apparently got to New Zealand and a warrant was issued by Mr. F. V. Frazer, S.M., a complaint having been made by the Consul, Mr. Winslow'. Crouch .was not arrested under that warrant until a months ago. Requisitions for the man’s surrender had now been made and would be produced in court with depositions from the manager of the bank in Temple. His statement was that Crouch, of the Crouch Grain Company. had put in a forged bill of lading and received the money, absconding immediately after. There were photographs and letters. One letter was addressed: “Dear Carey,” stated to be Crouch’s brother. The letter stated that the business was in a bad muddle, and that he intended to go away and commit suicide. He would hide all traces so that his wife would not be worried. Crouch stated in the letter that he himself was to blame for the trouble. “HELP US OUT” Mr. Meredith said that the particu- j lar bill of lading, purported to be signed by a certain railway agent. There was a deposition from him that the signature was a fraud. A further deposition was that of a stenographer, Mrs. Ogle, who had made out bills of lading* and signed the names of different railway agents acting under the instructions of Crouch or Mrs. Buchanan, his head clerk. Witness stated that she knew it was wrong, but that Crouch had said. “Come on, | now. Help us out.” He had assured her that she would nevert get into any trouble over the bills of lading. Detective-Sergeant Doyle produced the original warrant for the arrest of Crouch, issued at Auckland on February 6, 1917. Copies of the official file and warrant had been inspected j by the Governor-General in 1917, and Crouch had been arrested under that warrant on September 24, 1929. Witness produced the order from the Governor-General to the stipendiary magistrate intimating that a formal requisition for surrender had been made by the representative of the United States Government In New Zealand. The detective-sergeant produced an Order-in-Council dated June, 1890, which made the conditions of the Extradition Act, IS7O. apply as between U.S.A. and Great Britain ahd the Dominions. Further exhibits produced by witness were to show that forgery was an extraditional offence and to explain conditions and arrangements relating to extradition. There was alSo the warrant issued to Sheriff Bigham for the arrest of Crouch, from the clerk of the Bell County Court, Texas. The warrant j was authenticated by the Secretary of the State of Texas.

Witness spoke of the arrest at Helensville. Crouch had one peculiarity, which was a birth-mark below' the left knee —about the size of aquarter of a dollar. “When I arrested accused I had an opportunity to see whether he had this birthmark. I accompanied him to liis bedroom, where he made a complete change of clothing. When he removed his underwear I distinctly saw a birthmark of the size and in the position described in the particulars sent me by the United States Consul. COMPARED PHOTOGRAPH ‘*l compared a photograph I had received with accused, and I am of the opinion that he is identical with the man whose photograph I received — that man being A. B. Crouch, formerly of Texas.” continued Detective Doyle, who in conclusion produced photographs of Crouch. “I am satisfied that they are photographs of accused.” Applications from the Governor of Texas, the Secretary of State at Washington, Mr. H. L. Stimson, and the State Attorney, for the extradition of Crouch, were then put into court. John Robert Bigham. of Belton, 'Texas. U.S.A., said that he was sheriff of Bell County, also in Texas. “I know A. B. Crouch —that is he,” said witness, definitely, indicating accused. “I have known him for about 25 years. "We were raised about a mile apart. Crouch was in business as the A. F*. Crouch Grain Company at Temple, and 1 have done business with him. I ■ as with Detective-Sergeant Doyle

when the arrest was made at Helensville. 1 know that this man is the Crouch who left Texas in 1916.” Witness asked that accused be surrendered to him. Mr. Finlay asked how long it was before a bill of indictment lapsed under Texas law’ if the wanted man were not arrested. Sheriff Bigham: Never, if the man is a fugitive from justice." If he is not a fugitive it lapses, as far as forgery is concerned, after 10 years. FIVE YEARS FOR BROTHER 111 reply to further questions from counsel, witness said that the stenographer in Crouch’s office had been indicted, but not tried. Carey Crouch, accused’s brother, had been sentenced to five years in the penitentiary, but witness could not say whether it concerned the particular bill of lading that was attached to the indictment of A. B. Crouch. Mr. Finlay asked what was the exact charge against Crouch. Theer was no evidence apart from that of Mrs. Ogle in regard to the actual allegation of fraud on which the indictment was returned. The other affidavits were evidence of intent, but did not answer the question, “Did Crouch sign the bill of lading?” The Magistrate: I have only to decide whether a prima facie case has been made. The form of indictment refers to aiding and abetting. Mr. Finlay further urged that Mrs. Ogle had stated in her affidavit that she could not remember whether Crouch was present w'hen she drew the bill. The magistrate said that Crouch had been indicted not only for committing forgery, but also for counselling it. “It is questionable whether counselling forgery is an indictable offence included in the Extradition Act,” submitted Mr. Finlay. The order was then made, Mr. Finlay protesting that he was faced with a very large number of facts to ab-

sorb from the depositions and with a difficult case to pre.pare, while there would be very little time at his disposal.