Police Work from Within
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Presented to the UNIVERSITY OF TORONTO LIBRARY by the ONTARIO LEGISLATIVE LIBRARY 1980 ^ POLICE WORK FROM WITHIN .u^^"". POLICE WORK FRdM WITHIN WITH SOME REFLECTIONS UPON WOMEN, THE LAW AND LAWYERS tC^v^^ BY HARGRAVE L. ADAM f' AUTHOR OF "WOMAN AND CRIME," "THE STORY OF CRIME," "THE POLICE ENCYCLOPEDIA," *'ORIENTAL CRIME," "THE INDIAN CRIMINAL," ETC. ETC. LONDON HOLDEN AND HARDINGHAM YORK BUILDINGS, ADELPHI, W.C_. _ FOREWORD I WISH to tender my sincere thanks to the various persons mentioned in the ensuing pages, where otherwise not acknowledged, for the valuable assis- tance they have so kindty rendered in the compila- tion of the present volume. To Mr. David Dewar, Procurator-Fiscal of Dundee, as will be seen, I am indebted for a very interesting preface. For the illustrations of the Photographic Department, Scot- land Yard, the Black Museum, the " Exhibit " in the Docks Murder case, the finger-print form, and that in connection with a finger-print incident, I am indebted to the courtesy of the pohce ; for that showing the pohce dogs of Paris I have to thank M. Lepine, formerly Chief of Pohce in Paris, and recently retired ; for that of Dr. Scott I am in- debted to that gentleman himself, and for the in- teresting addition to the Canham Read case to Ex- Inspector Reid, who had charge of the case at the time. The photographs of Sir Charles Darhng were taken at his town house, with his lordship's kindly consent and assistance. The photograph of Mus- well Lodge was taken soon after the murder; the building has since been demoUshed. vi FOREWORD The chapters on actions-at-law are not presented as being strictly accurate in detail as to the prac- tice as it exists at the present day ; in fact, some of the methods of procedure have since been superseded by others, but I have thought it better to adhere to the old practice. The details make no difference to the motive for which these chapters were written, namely, to illustrate how solicitors, in collusion with one another, conjure money out of the pockets of litigants for their own self-aggrandisement rather than for the benefit of their too-confident and credulous cUents. I have merely taken cases as " models." The end is much the same, although the means may vary somewhat between the past and the present. If one loses something of value from one's person, it is no sort of consolation to know that it was taken from a right-hand pocket, instead of a left-hand pocket, as it might otherwise have been. Verb, sap. As this book goes to press it is reported that Sir Melville Macnaghten, the Assistant Com- missioner of the Metropohtan PoUce, is shortly to retire in consequence of ill-health, and that his successor will be the Hon. F. T. Bigham, the present Chief Constable. H. L. A. PREFACE By David Dewar, Esq., City Procurator-Fiscal, Dundee, Author of " Criminal Procedure," " The Liquor Laws for Scotland," " The Penal Servitude and Prevention of Crimes Acts 1853 to 1891, 1895," "The Children Act, igo8," etc.,etc. Mr. Adam has been good enough to suggest that I should embellish the present work with a few re- marks by way of Preface, and I wiUingly comply with his request. As in one of the chapters Mr. Adam includes some interesting observations, made by Sir Charles Mathews, the Director of Public Prosecutions for England, on the respective systems of criminal procedure existing in England and Scotland, I cannot do better than confine myself to the same question, pointing out, by way of comparison and contrast, the working of the two systems as they prevail respectively in England and Scotland. First, then, a few figures. A Blue Book on criminal statistics for England and Wales for 1910, pubhshed by the Home Office, shows that the number of persons brought up for viii PREFACE trial in the superior courts was 13,680, which, though a trifle below 190 8- 190 9, was the highest since 1888. The total number tried for indictable offences—66,389—was also below 1908-1909, but otherwise the highest of any previous year for which figures are available. The proportion of convictions was 84 per cent., against 83 per cent, in the previous year. There were fifty-eight persons convicted of mur- der ; thirty of these were found to be insane. Twenty-four males and four females were sentenced to death. Sixteen males were executed, and eight males and four females had their sentences com- muted to penal servitude for life. The number of non-indictable offences dealt with summarily was 631,916, of which 78 per cent, were held proved, as against 79 per cent, in the previous year. The number of persons tried in the superior and Sheriffs Summary Courts in Scotland on the order of Crown Counsel, i.e. in cases reported by pro- curators-fiscal to the Crown agent for the year 1910, was 1488, showing a considerable decrease during the last twenty years. The proportion of convictions was 82 per cent. There were two males convicted of murder and sentenced to death, but the sentences were com- muted to penal servitude for life. There were, in addition to the 1,488 persons above alluded to, 148,842 disposed of summarily, namely. PREFACE ix tried, 121,132, and untried, including persons who forfeited bail or deposits, 27,710. Of the number so tried 91 per cent, were convicted. The total number of persons so disposed of in Scotland during the year 1910 was therefore 150,330, being, when compared with 1909, a decrease of 3*3 per cent., and the lowest number for any year since 1893. The population of England and Wales at last census (1911) was 36,075,269, and that of Scotland 4749^673. The total number of persons dealt with in Eng- land and Wales for crimes and offences in 1910 was 698,305, and in Scotland 150,330. It would therefore appear that according to the population of the respective countries there were in England and Wales 193 '56 persons for every 10,000 of population dealt with for crimes and offences in 1910, and in Scotland 316*50. It has been long known to those interested in criminal statistics that there are far more persons annually prosecuted for petty crimes and offences in Scotland than in England in proportion to the population of the respective countries, while the proportion of cases of serious crime is greater in England than in Scotland. The number of persons convicted of murder in England and Wales for 1910 was, as previously stated, fifty-eight, against two in Scotland. The causes of the disparity should be investigated. X PREFACE In judging of the total number of offenders in both countries it requires to be taken into account that in the course of a year individuals who are habitual offenders—unfortunately a numerous class —frequently make many appearances for petty offences, and this tends to give an exaggerated and misleading view of the actual number of annual offenders. While a great many of the prosecutions in Eng- land were at the instance of private parties, a number of them were at the instance of the Director of Public Prosecutions. It is provided by section 2 (i) of the Prosecution of Offences Act, 1908, that " the Regulations under the Prosecution of Offences Act, 1879, shall pro- vide for the Director of Public Prosecutions taking action in cases which appear to him to be of im- portance or difficulty, or which from any other reason require his intervention." The Director of Public Prosecutions, who acts in conformity with the provisions of the Prosecu- tion of Offences Acts, 1879 to 1908, and Regula- tions dated January 25, 1886, approved by the Lord Chancellor and the Secretary of State, prose- cuted 612 cases during 1910, and dealt otherwise with 1,152 applications. He appeared in 237 cases under the Criminals Appeal Act, 1907, granted his consent in 238, and refused it in 174 cases under the Prevention of Crime Act, 1908—total, 2,413. The Director and his staff are of immense benefit PREFACE xi to the proper administration of justice in the criminal courts of England. It being acknowledged that it is a boon to have serious cases of crime in England prosecuted by trained public prosecutors, it would surely be well to have criminal cases generally prosecuted by ex- perienced pubhc prosecutors throughout the United Kingdom, still preserving the rights of private parties to prosecute. It is provided by section i8 of the Summary Jurisdiction (Scotland) Act, 1908, that complaints at the instance of private prosecutors for offences at " common law and for statutory offences, where imprisonment without the option of a fine is com- petent, shall, unless otherwise provided in any statute, require the concurrence of the procurator- fiscal or other public prosecutor of the court in which they are brought." It is a matter for consideration which of the two systems is to be preferred— (i) the Enghsh one, where only cases of importance or difficulty are taken in hand by the Director of Pubhc Prosecutions, and where the prosecution of a very large number of offenders devolves upon private parties, who by acting as prosecutors are put to considerable trouble and expense ; or (2) the Scottish one, where virtually all the cases are prosecuted in the pubhc interest by public prosecutors. In England, persons who have been aggrieved by the commission of crimes or offences, and com- xii PREFACE plain thereanent either to the poHce or to magis- trates, are frequently, in order to obtain redress, required to apply for summonses or warrants against the accused, the cost of which the com- plainers have to pay, and to prosecute the cases to a conclusion on their own account.