8
Mr. Ellis was called and corroborated the story so far as it referred to him, but in my opinion Mr. Hedges' evidence if trustworthy could not refer to these two small ingots, and further, all proposals of sale and all mention of eight thousand ounces are emphatically denied by Mr. Chinn and I have to consider how far a conviction against Mr. Chinn on this charge could be justified on Mr. Hedges' evidence.
If Mr. Hedges' evidence be accepted as true and accurate, Mr. Chinn had either stolen gold or received gold knowing it to be stolen. On Mr. Hedges' evidence Mr. Chinn is manifestly either a thief or a receiver of stolen property knowing: it to be stolen and he made a bold, barefaced attempt to get Mr. Hedges into a position similar to his own as a receiver of stolen gold. There was no preliminary feeling of his way with Mr. Hedges, no preliminary inquiries, no preliminary suggestions, no testing his ground as to how far he might go, but at once, according to Mr. Hedges Mr. Chinn says—"I have eight thousand ounces of gold. Will you buy it at £2 an ounce?" That is in effect saying—"I am a felon. Will you join in this big felony where there may be a big risk but where there is a big profit?" Now whatever may be the failings of Mr. Chinn, he is not a fool, and none but a fool would have proceeded in so rash and foolhardy a fashion, but would have made some preliminary suggestions; specially was it foolhardy on Mr. Chinn's part after Mr. Hedges had peremptorily declared that he would have nothing to do with it to have returned next day with some of the gold and placed himself at the mercy of Mr. Hedges, who might have retained the gold and called the police. This story of Mr. Hedges is, in my opinion, not a probable one, but' there is a consideration that influences me more powerfully than that improbability.
After Mr. Chinn’s first visit to Mr. Hedges Mr. Hedges immediately reported in person to the whole Cabinet of Western Australia, and the day after the Cabinet had been so informed Mr. Chinn came to Mr. Hedges' office in Perth with his pockets stuffed with bars of gold and Mr. Hedges again straightway informed the Ministry. Now bearing in mind that there was a certain amount of excitement in Western Australia at that very time about gold stealing, and that a Commission was then sitting to inquire into the subject, and that the Government were in possession of information of this amazing theft of gold and had full control of all the constabulary and all the detective force of the State and that every detective would have been eager to earn the reputation that would come from making a seizure and securing a conviction in such an extraordinary case, yet no conviction of any kind was obtained, and Mr. Chinn was free. I have asked myself this question—"If at the time of the alleged transaction when Mr. Chinn was walking about with the gold in his pocket, and the Government had all the information Mr. Hedges could give them, with the whole of the detective force of the State at their command if at that time and under those circumstances the Government did not, or could not secure the conviction of Mr. Chinn, would it be right. at this date to found a conviction on the uncorroborated evidence of Mr. Hedges ?" and I can conceive of no answer but an emphatic negative.
6. The sixth charge will be found at page 7290 of the said Parliamentary Debates. It is stated in these terms:—"One of Mr. Chinn's first acts after being appointed to his present position, was to get into communication with a firm which has a certain patent process from which it naturally desires to get some advantage. He informed the Melbourne manager of the firm of his appointment and said that in all probability he would be able to throw some big business in his way, but that there would be a commission on it. The words he used in connexion with this suggestion of a commission were that the manager would have to talk to him not in hundreds but, in thousands of pounds."
The manager, John Rose Gorton was called and absolutely denied that any such conversation ever took place, and so this last charge wholly fell through.
Accompany' this report I send copy of the shorthand-writer's notes of evidence, copy of all exhibits except four plans and three bank pass-books which three bank pass-books will he found herewith, all which I submit for Your Excellency’s consideration.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer of the State of Victoria.
