1914-03-17

Behind closed doors at the police court Tuesday morning, March 17, 1914, A. B. Mackay and James Gow, responded in person to the summonses which had been presented to them the previous Saturday.

          As noted in the Spectator, “unusual precautions were taken by the police to see that the newspapermen were prevented from getting apprised of the facts in the case.”

¹ “Mackay and Gow Sent to High Court Today : Magistrate Remarked That Case Prepared By Deputy Chief Whatley Was Strong : Reporters Were Driven From Building and One Arrested For Contempt.”

Hamilton Spectator.  March 17, 1914.

When the defendants and witnesses arrived at the police court, there was a melee :

“Several photographers endeavored to take pictures of them as they entered. Deputy Chief Whatley ordered his men to clear away people who were hanging about.”¹

When the day’s session began, Police Magistrate George Jelfs changed the schedule of cases to be dealt with. He moved a juvenile case to first on the list, and as juvenile cases were then handled in camera, the magistrate, court clerk and defendants moved into the magistrate’s chambers. The Mackay-Gow case was then dealt with in the chambers behind closed doors.

Reporters, suspecting that something was up, set themselves up in the hall outside the magistrate’s chambers :

“As soon as the juvenile case was disposed of, Sergeant Bettles made his appearance and informed the newspapermen that they must get out of there. They retired to the sergeant’s room, but were only there a short time when Deputy Chief Whatley appeared and told them they would have to leave the building. The Scribes pleaded with the deputy not to put them out and he agreed to them going to the magistrate’s waiting room.”¹

Some reporters sneaked into the old police cells hoping to get some information on the case from those awaiting their court appearance. They were quickly discovered and removed from there. Others went to the basement of the police court to interview witnesses waiting to be called, hoping that some information might be found out that way.

Finally one reporter went outside, and somehow, he quickly procured a ladder :

“He kept on climbing the ladder until he found that he could see through the fan-light what was going on. A policeman discovered him and the deputy sent a man up the ladder to order him down. He was promptly taken into custody, charged with contempt of court.”¹

The police magistrate then suspended everything regarding the Mackay-Gow case, and the newspaperman from the ladder incident was marched into the open court room.

The Crown Attorney suggested that perhaps the reporter did not understand that Mackay-Gow case had been formally placed in camera and that meant no access by the press. The reporter frankly responded that he knew the case was placed in camera and what that meant. The magistrate then gave the reporter a stern warning and told him in no uncertain to get out of the building and stay out.

Next, the reporters who had been sitting in the magistrate’s waiting room were told that they also had to leave the building, an order from Police Chief Smith :

“Then the police carefully guarded every entrance. Of course, this made it difficult to get details of the case presented by the police, but from gossip that filtered through from some of the witnesses themselves, the scandal which has been public talk, was laid bare.”¹

It was learned the young girls involved in the case did not make an appearance at the hearing. The police did present a portion of the evidence that they had gathered, mainly relating to the allegation that the accused men had improper relations with girls under the age of 18 years.

Also it was alleged that the girls had been approached on the street by a man, not Mackay or Gow, who invited them to the house on Hughson street. The man, known only to the girls, as “Daddy” told them of entertainments which were taking place at the house. At the house they were introduced to strange men.

The evidence presented by the police stopped at this point.

The magistrate had heard enough to order that Mackay and Gow be committed for trial.

Mackay and Gow were immediately taken to the cells where they had to await the decision of the Wentworth County judge as to whether they would be granted bail and how much it would be.

Approached by newspaper men after he had left the building, Magistrate Jelfs responded to questions by indicating that he had nothing to say. However then he said, in response to a question about the strength of the case against the men, “It was a very strong case."