1914-03-18

“The motion of the authorities in deciding to exclude the press from court room tomorrow, when the trial of A. B. Mackay and James Gow, prominent men, summoned on serious charges, comes up, had caused a great deal of comment.”

          Hamilton Spectator.   March 18, 1914.

          Once again, Hamilton Police Court proceedings would not be accessible to reporters and the public.

          At the Police Court on Thursday March 19, 1914 , a preliminary hearing was to be held, at which several of the young girls involved in the case would be questioned by Police Magistrate Jelfs.

          Jelfs claimed that it was not his decision to close proceedings, but he acceded to a request from Crown Attorney Washington :

          “ ‘Although I did not make the suggestion, I heartily approve of it,’ said his worship, who explained that it was necessary the names of the girls who would testify should be fully protected from publicity.”¹

               ¹ “Public and Press Won’t Be Admitted : Gow-Mackay Case To Be Heard Tomorrow Behind Closed Doors : Crown Attorney Says This Is In the Interests of Public Morals.”

          Hamilton Spectator.    March 18, 1914.

          The Crown Attorney also argued that the ban was necessary in the interests of public morals :

          “ ‘There are a number of young girls to give evidence in this case,’ said Mr. Washington. “It is hard enough to get them to testify in the presence of court officials only; and if we allowed the public or reporters in, this difficulty would be greatly increased. We also desire above all else to protect the names of these witnesses, and the only way it can be done is by barring everyone from except those whose duty requires them to be there. Some of these girls are not even known by their own mothers to be connected with this case, and if I can prevent it, they will not know. Furthermore, there is nothing to be gained by publishing a lot of evidence, much of which will not be of the most savory kind, and for all these reasons, and particularly in the interests of the young girl witnesses, the public and the press will be barred from the hearing.

          “ ‘I am being besieged with requests from prominent citizens for permission to be allowed in at the hearing. Even lawyers and preachers are among those who are desirous of being present, but to one and all, the answer is given that there will be no one admitted, except those whose duties require them to be there.’ ” ¹

               While speaking to the Crown Attorney, the Spectator reporter posed a question which had been causing a lot of “street talk” since the previous Saturday. The public wanted to know why summonses, not warrants for arrest, had been issued to Mackay and Gow:

          “ ‘ You will have to go to Magistrate Jelfs for that information,’ was the reply. ‘I had nothing with the issuing of the summonses, but I might say for your benefit that the act states that a warrant shall be issued only when it is feared the defendants will leave the country, and there was no good grounds for such a belief in this case.’ ”¹

               Returning to Police Magistrate for a comment on the matter, Jelfs said “Deputy Chief Whatley told me the Crown Attorney required summonses be issued, and rather than have any difference of opinion on the matter, I issued the summonses.” ¹

               The Herald had found out that a total of 12 girl witnesses had been subpoenaed to give evidence, including two girls from Brantford and one from Toronto.

          Jeanette Smith, the principal girl witness in the case, had been in custody for nearly two weeks after her mother had gone to the police about the actions of her daughter. Her mother did visit Jeanette on Wednesday, a visit which cheered the girl who had been complaining of being in a state of nervousness about the matter.

          Also on Wednesday, the house at Hughson and Charlton street had been seized by the sheriff. It was learned that James Gow’s wife had a half interest in the property. It was also learned that the house was richly furnished, and that valuable statuary and pictures adorned the rooms.

          Mr. Mackay returned from his quick trip to Detroit, and as he passed through the railway station refused to comment on the charge against him. James Gow also made no statement to the press, as he was at his home and had not been seen.

 (To Be Continued)