Mr. Gallop: |
Explaining the defense, said
that Cruze said the letters were handed to him as a
security for money Mrs. Sedgwick owed him. As they
were Cruze’s letters he could hand them to Crowley. |
Walter William Hunt,
Solicitor’s Clerk: |
Walter William Hunt,
Solicitor’s clerk, said that Crowley handed the
letters to him a month or six weeks before the libel
action came on in the High Court. |
Detective-sergeant Davidson: |
Detective-sergeant Davidson
said a summons had been issued against Cruze
charging him with the larceny of two envelopes
addressed to Mrs. Sedgwick in the names of Miss
Betty May and Mrs. Rickworth. |
Mr. Gallop: |
Mr. Gallop submitted that there
was no case against Crowley, but the Judge ruled
that it must go to trial. Crowley was charged with
receiving four original letters and one copy said to
have been stolen from Mrs. Betty Sedgwick,
professionally known as "Betty May," an artist's
model, of South Hill Park Gardens, Hampstead. |
Mr. Stevenson: |
Mr. Melford Stevenson,
prosecuting, said that in 1932 Crowley became a
plaintiff in a civil action for damages for libel
against publishers in respect of a book in which
reflections, according to Crowley, were made upon
him in the name of Aleister Crowley. The letters
disappeared from Mrs. Sedgwick's attaché case and
were later produced during the hearing of the libel
action. The letters referred to the payment of
certain expenses by a firm of solicitors to Mrs.
Sedgwick, who was a witness for the defence in the
action, and she was cross-examined upon them. |
Mrs. Sedgwick: |
Mrs. Betty Sedgwick stated that
she now resided at South Hal Park Gardens,
Hampstead. She said she was an artist’s model, and
she was usually known as “Betty May.” |
Mr. Gallop: |
Mr. Gallop, holding up a book,
asked the witness: Do you recognize this?—Tiger Woman:
My Story by Betty May. |
Mrs. Sedgwick: |
Yes. |
Mr. Gallop: |
Was it issued to the public as
your autobiography? |
Mrs. Sedgwick: |
Yes. |
Mr. Gallop: |
With the intention that the
public should believe it was the story of your life? |
Mrs. Sedgwick: |
Yes. |
Mr. Gallop: |
Whereas I gather you now say
you had not written the story? |
Mrs. Sedgwick: |
No. |
Mr. Gallop: |
Do you regard that as
fraudulent? |
Mrs. Sedgwick: |
I did not think about it. Mrs.
Sedgwick said that part of the book was written from
articles she had supplied to the Press. |
Judge Whiteley: |
Some of it is true, then? |
Mrs. Sedgwick: |
Yes. |
Mr. Gallop: |
But a great deal of the book is
utter fabrication? |
Mrs. Sedgwick: |
A lot of it is. Mrs. Sedgwick
explained that she was divorced. |
Mr. Gallop: |
Who is Captain Eddie Cruze? |
Mrs. Sedgwick: |
He was a friend of mine. I
think he stole those papers. I know he did. |
Judge Whiteley: |
Where is he now? |
Mrs. Sedgwick: |
We cannot find him. |
Mr. Gallop: |
Would you be surprised to hear
that somebody calling himself Captain Cruze had been
telephoning Crowley's solicitors in the last two or
three days? |
Mrs. Sedgwick: |
I do not know. |
Mr. Gallop: |
Did you let Cruze have these
letters as some security that you would pay him some
money? |
Mrs. Sedgwick: |
Certainly not, I had paid him
so much money. He had very little money himself. |
Mrs. Sedgwick: |
In reply to the Judge, Mrs.
Sedgwick said she had between £15 and £20 from the
solicitors in expenses in regard to the libel
action, in which she was the chief witness. |
Mr. Mather: |
The first witness for the
defence was George Mather, a merchant, of Cambridge
Terrace, London, who said Cruze told him that he had
been advancing money to Miss May and the letters
were part of the security which came into his
possession. Mr. Mather said in answer to Mr. Gallop,
that when he told Crowley that Cruze had these
letters in his possession, Crowley said he would
like to see whether they were relevant and would
like copies. Witness said he obtained copies of the
letters and showed them to Crowley, who then asked
him to secure the original. |
Mr. Gallop: |
Assuming these letters were
stolen, had you the slightest knowledge or suspicion
that they had been stolen? |
Mr. Mather: |
No. |
Judge Whiteley: |
Had you formed any opinion at
all as to how this man came to be in possession of
these letters? |
Mr. Mather: |
By reason of their association,
Cruze and Betty May's association. |
Judge Whiteley: |
That they were given to him? |
Mr. Mather: |
Yes. |
Mr. Gallop: |
Were they absolutely innocent
or any suspicion that these letters had been stolen? |
Mr. Mather: |
Absolutely. Witness said that
after Crowley had asked him to secure these letters
he went and saw Cruze, and asked Cruze to loan him
the letters. Cruze told him that he wanted the
letters returned after the High Court Action. |
Judge Whiteley: |
For what purpose? |
Mr. Mather: |
He did not give any reason.
Continuing, witness said that Cruze mentioned the
subject of money, and said he wanted money to redeem
his luggage which was being held for rent. I gave
him five pounds and he handed me the letters and I
then handed them to Crowley." |
Judge Whiteley: |
Where did your £5 come from? |
Mr. Mather: |
From Mr. Crowley. |
Mr. Gallop: |
Had you the slightest intention
of keeping these letters for yourself? |
Mr. Mather: |
No. |
Mr. Gallop: |
Were they loaned, obtained, or
procured for the purpose of being disclosed to the
Judge and jury in the libel action? |
Mr. Mather: |
Quite. |
Mr. Gallop: |
With the intention that they
should be disclosed when Mrs. Sedgwick was in the
witness-box? |
Mr. Mather: |
Yes. |
Mr. Gallop: |
Did you see anything at all
wrong in what you were doing? |
Mr. Mather: |
No. |
Mr. Gallop: |
And do you now? |
Mr. Mather: |
Certainly not. Witness said
that he was not present at the trial of the libel
action, but it came to his knowledge after the
action that letters had been kept in the custody of
the Court, and he endeavoured to find Cruze to tell
him so. |
Mr. Crowley: |
In the witness-box, Crowley
described himself as an author and poet, writing
under the name of Aleister Crowley. This was the
first time any charge had been made against him in
any part of the world. |
Mr. Stevenson: |
Are you representing yourself
as a respectable person whose word is to be trusted? |
Mr. Crowley: |
Yes. |
Mr. Stevenson: |
I want to read what Mr. Justice
Swift said about you. He had listened to your libel
action and the history of your activities for
several days? |
Mr. Crowley: |
Yes. |
Mr. Stevenson: |
Did he say this: “I thought
that everything which was vicious and bad had been
produced at one time or another before me. I have
learned in this case that we can always learn
something more if we live long enough. Never have I
heard such dreadful, horrible, blasphemous,
abominable stuff as that produced by the man who
describes himself to you as the greatest living
poet? |
Mr. Crowley: |
Crowley agreed that the
quotation, so far as he knew, was accurate. The
reference was to his book. |
Mr. Stevenson: |
Have you been expelled from
Italy? |
Mr. Crowley: |
I have, like most distinguished
Englishmen. |
Mr. Stevenson: |
Have you been expelled from
America? |
Mr. Crowley: |
No. |
Mr. Stevenson: |
From France? |
Mr. Crowley: |
No. |
Mr. Stevenson: |
Have you ever been refused
permission to remain in either of those countries? |
Mr. Crowley: |
In France they refused to renew
my permission on a technical point. |
Mr. Stevenson: |
Have you been expelled from
India? |
Mr. Gallop: |
Is this the first time in your
life that any charge has been made against you in
any place in the world? |
Mr. Crowley: |
Yes. |
Mr. Gallop: |
You were present when I opened
the case on your behalf yesterday, and you heard the
observations I made about your early writings. In
fairness to yourself, do you wish to volunteer
anything about it? |
Mr. Crowley: |
The book I wrote was written in
pursuance of my professional duty to professors in
medicine. |
Mr. Gallop: |
You disapprove of my comments? |
Mr. Crowley: |
I think you were imperfectly
informed. Crowley added that he wrote that book in
1897 and 1898. |
Mr. Gallop: |
Apart from the criticism justly
or unjustly leveled against you for your book, has
anything ever been leveled against your character in
any court? |
Mr. Crowley: |
No. |
Mr. Crowley: |
Mr. Crowley said he met Mrs.
Sedgwick in 1992. She was the wife of a friend of
his. |
Mr. Crowley: |
In reply to Mr. Gallop, Crowley
said the observations of Mr. Justice Swift in his
libel action were the subject of an appeal. |
Mr. Crowley: |
Continuing, Crowley said that
he was plaintiff and still was the plaintiff in the
action against Constable. He had heard that Mrs.
Sedgwick would be called as a witness against him,
and he knew of her many years before. |
Mr. Gallop: |
Had you formed an opinion as to
her integrity? |
Mr. Crowley: |
Yes. |
Mr. Gallop: |
In a phrase did you regard her
as a trustworthy person, or otherwise? |
Mr. Crowley: |
Otherwise. Crowley went on to
say that in December, 1933, Mr. Mather told him that
Cruze knew all about Mrs. Sedgwick's plans, and
would disclose the whole affair to him. Mr. Mather
told him the story, which Crowley found to be
perfectly clear and convincing. |
Mr. Gallop: |
What was it? |
Mr. Crowley: |
That Betty May was preparing to
commit perjury. That I knew already from several
sources. Mather said that Cruze's story could be
substantiated, because Cruze had some letters in his
possession. |
Mr. Gallop: |
Was nothing said by Mather as
to the way these letters came into possession of
Cruze? |
Mr. Crowley: |
He told me the same story as he
told the court. |
Mr. Gallop: |
Had you any reason to doubt the
truth of it? |
Mr. Crowley: |
None whatever. I believed
everything I was told. Crowley was answering another
question at length when the judge interposed and
said "I don't want long speeches." |
Mr. Crowley: |
In reply to further questions,
Crowley said that it was quite clear that the
letters in question were addressed to Miss Betty May
and that he paid £5 for them. |
Judge Whiteley: |
At the time that you had this
conversation with Mather, had you instructed the
solicitors in this libel action?—Yes. |
Mr. Crowley: |
Yes. Crowley said that he
showed the copies of these letters to the partner in
the firm of solicitors and he recounted to him
exactly what Mather had told him. The solicitor
discussed the usefulness of these letters, and a
lengthy discussion ensued as to whether they should
or should not use these letters if they could get
them. The solicitor advised him that they might be
useful. |
Mr. Gallop: |
Whether he was right or wrong,
did your senior counsel at the libel action take the
same view? |
Judge Whiteley: |
Did your senior counsel know
the circumstances in which you obtained possession
of them? |
Mr. Crowley: |
I cannot say, my Lord. Crowley
said that he asked Mather to obtain the originals.
Mather was paid £5 in his (Crowley's) presence by a
friend of his whom he had authorized to pay. Crowley
said he did not desire to disclose the name of that
acquaintance in Court, but said he would write it
down if the Judge desired. |
Judge Whiteley: |
I don't know why there is all
this secrecy. |
|
The name was
not mentioned in Court. |
Mr. Gallop: |
Did you at any time suspect
that these letters had been stolen? |
Mr. Crowley: |
No. |
Mr. Gallop: |
Did no legal advisor of yours
ever suggest to you the possibility that they might
have been stolen? |
Mr. Crowley: |
No |
Mr. Gallop: |
Did you think it likely that
the lady would consent to them passing into your
possession? |
Mr. Crowley: |
I did. Asked why he did not
approach her for the letters, Crowley said that her
consent would no doubt have been dependent upon some
compensation. He did not know her address at the
time, and he had never seen Cruze in his life.
Crowley added, "Mather was a friend acting in the
interests of justice. Every honourable man is always
willing to act in such a manner as Mr. Mather had
acted." |
Mr. Stevenson: |
Is every honourable man
prepared to take part in a transaction of the sale
of letters to be used by one party against another
in cross-examination in an action? |
Mr. Crowley: |
I don't know. |
Mr. Stevenson: |
Did it not cause you to wonder
when you were engaged upon this transaction? |
Mr. Crowley: |
No, I wanted to make the truth
clear. |
Mr. Stevenson: |
Have you ever in your life
heard of letters from solicitors arranging for the
attendance of a witness in court being offered as a
security for a loan? |
Mr. Crowley: |
I have no commercial
experience. |
Judge Whiteley: |
Did you believe that these
letters were offered as a security for a loan? |
Mr. Crowley: |
Yes, my Lord. Mather told me a
straight story and I believed it. I repeated it to
the solicitor and he believed it. |
Mr. Gallop: |
Are the observations of Mr.
Justice Swift, in your libel action, subject to an
appeal? |
Mr. Crowley: |
Yes. Crowley then left the
witness-box and went back into the dock. |
Mr. Gallop: |
Addressing the jury, Mr. Gallop
said that in his submission it was a thoroughly
silly prosecution from beginning to end. |
Judge Whiteley: |
In his summing-up Judge
Whiteley said that it had been said that these
letters were for security for a loan. He could not
imagine any person advancing a farthing for any of
them. After a summing up lasting an hour the jury
retired. |
|
The jury
found Crowley Guilty. |
Judge Whiteley |
Judge Whiteley said that it was
the first time a case of that kind had come before
him. It was a very useful prosecution, as it made it
quite clear that this sort of thing could not be
done. These letters ought not to have been used,
ought never have been in your possession, or handed
to your solicitor at all. However, they were used,
and no harm had in fact been done; therefore I am
not going to send you to prison.
Crowley.—Thank you, my Lord.
The Judge.—I understand this litigation is
still going on, and if anything of this kind occurs
again you will be brought here and receive six
months. You understand that?
Crowley.—I do, my Lord; it won’t occur again. |
Mr. Crowley: |
Thank you, my Lord. |
Judge Whiteley |
I understand this litigation is
still going on, and if anything of this kind occurs
again you will be brought here and receive six
months. You understand that? |
Mr. Crowley: |
I do, my Lord; it won’t occur
again. |
|
|
|
The defendant was then bound
over, and was ordered to pay a sum not exceeding 50
guineas towards the costs of the prosecution. |