“Though
the crown authorities refused to admit the press to report the preliminary
hearing of J. N. Gow and A. B. Mackay this morning, the reporters got
considerable information about the affair, probably all they would have used
had the authorities permitted them to attend.”
Hamilton Herald. March 19, 1914.
It was a major struggle.
On
one side, the officials in charge of court proceedings as the preliminary trial
of Mackay and Gow was set to take place on March 19, 1914. The Crown Attorney
and the Police Magistrate were determined that the public and press be excluded from court proceedings, and the
Hamilton Police Chief and his Deputy Chief were fully prepared to enforce that
decision.
On the other side was an intensely
curious Hamilton public wishing to learn every detail about the sensational
matter of the men charged and the young girls involved with alleged immorality
which had taken place in the house at the corner of Hughson Street South and
Charlton Avenue. Hamilton’s three extremely
competitive daily newspapers, the Spectator, the Times and the Herald, were
prepared to fight each other and the decision of the court officials to provide
their readers with everything possible that could be learned of the case.
The police station was watched closely
from an early hour, and the following was observed :
“About forty maids, some young and
some of doubtful years, tripped gaily into the main entrance of the police
station this morning, between the hours of 8 and 9 o’clock. All made for the
deputy chief’s office without casting an ete in either direction.
“The deputy chief was on the job early
and everyone had a little chat, the corridors were cleared, reporters were
chased out and the damsels wended their way to the court room corridor where
they were detained, and as each was called she entered, gave her story and made
her exit.” 1
1 “Many Callers : Deputy
Chief Whatley Had Busy Time With Young Women.”
Hamilton Herald. March 19, 1914
The Herald had a
brief summary of the morning’s rather brief proceedings at the preliminary
trial (how this information was learned was not disclosed) :
“The two prisoners, standing in front
of the throne, not in the prisoners’ dock, stood up as the Court Crier read out
the three charges which they were to answer. George S. Kerr announced that he
was appearing for the men. Election to a higher court was made and the
preliminary hearing was started.
“The deputy chief first recounted how the
two men had been watched for some time past. Thereafter, the girl witnesses,
one at a time, were brought in. Three men witnesses were called, though, it is
said their evidence only had bearing on minor points, such as ownership of the
Gow home, etc.”2
2“What
Happened in Police Court : Reporters Got Information in Spite of Efforts to
Suppress It : Men Declined To Be tried by Magistrate – Police Testimony”
Hamilton Herald. March 19, 1914.
That was about all
the transpired in the morning session. The major item was that the accused used
their right to be tried by jury, rather than be tried by the police magistrate
only – that trial would have to be scheduled for a much later date.
During the morning’s preliminary
hearing, it was seen from the court room that two newspaper men were determined
to eavesdrop despite the court order to exclude them :
“Two reporters who observed
proceedings from a coign of vantage had rather a strenuous time of it, as they
were seen by a tipstaff inside the courtroom, and one escaped after being
chased up King William street for two blocks, while the other unfortunate scribe
was found at the top of a ladder.
“Without a chance of explaining why he
was so lofty, the reporter was ignominiously dragged into the tribunal before
Magistrate Jelfs. A conference took place, and for a time, the crown did not
know whether to behead the young man in question or burn him at the stake.
“In view of the fact that he is
married and the father of seven children, it was decided to let him go, but if
he ever does such a thing again, well ---“3
3 “In Great
Danger : Reporters Had a Hard Time Trying to Get News of the Case.”
Hamilton Herald. March 19, 1914
Court was then recessed until the
afternoon when the police magistrate would render his decision as regards bail
for the defendants.
(To Be Continued)
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