RIOTERS SENTENCED.

Press, Volume XLIX, Issue 14837, 1 December 1913, Page 8

RIOTERS SENTENCED.

TWO WELLINGTON OASIS.

INTERESTING REMARKS. BY THE CHIEF JUSTICE.

„•__*. AWO-UTIOS TEr,_.nAM.) WELLINGTON, November 29. The first persons to appear in the Supreme Court in connexion with the strike troubles wore Archibald. Campbell and William Henry Lawton, who came before, the Chief Justice on

Saturday for sentences for taking part in a riot, an offence to which both had pleaded guilty. *- JLr H- H- Ostler represented the Crown, and Mr P. J. O'Regan the defendants. On behalf of Campbell, a respectable loojniig nuddie-ag.a man, Mr O'Regan f_id prisoner was already serving a sentence of two months on a conviction in the lower Court, in connexion with exactly the same circumstances. He had been found on the occasion of the Royal Tiger affray, with a formidablo bludgeon in the shape of a lead pip© in ins possession. It was for this that ho was serving his present sentence. Prisoner could not be described as a rcguo and vagabond. He was a waterside worker, married, and with a family. The report of the probation officer stated that he was generally a respectable man, who occasionally indulged too much in liquor. " There had been no charge against him previously. Ho had been under the influence of liquor at-the time, and was in a most excited state of mmd under the circumstances.

His Honour: The excitement would not have made him arm himself with a lead pipe and a. brick. Mr O'Regan: "Ho might have mado himself liable to a far more serious charge, but theso offences arose out of. the same j_t of circumstances, for which the prisoner is already serving a sentence, and I submit to your Honour that it is not competent for this Court to impose any additional eentence. His Honour: I have not overlooked that point. There is, however, no identity in offence. The offences are separate. He took part in_a riot and he had a bludgeon in his possession. This latter was not necessarily essential to taking part in the riot. Mr O'Regan suggested that the sentence should bo made concurrent with the sentence already being served. In regard to the case of Lawton, who took a prominent part ,in the riot in Whitcombe and Tombs's "shop in 30th October, Mr O'Regan said prisoner was twenty-one years of age, and with the exception of an offence oommitted eight years _ao, when ho was a boy, there was nothing against him. His Honour: I, do not propose to count the early .offence. I may say that if the Crown had proceeded under section 89 of the Crimes Act, the prisoner would have been liable to a sentence of ten years' imprisonment for incitement to murder. * Mr O'Regan: He was in a high state of tension and nervous excitement. His Honour: Some of the riois were characterised by grave deliberation. I have carefully considered these cases. These men have nothing against them m their previous record. Both have pleaded guilty to a crime which tho Legislature has said may be punished by two years' imprisonment, with hard labour. The Court has also power to order reformative treatment for a further ten years. I hope both men have now realised the grave nature of the crime with which they are charged. It was a crime, not against, the individual, but against the whole/community. If there was no peace kept in the community war and anarchy would ensue, and people could no longer live in such a community. , I take into consideration tho fact ; that you have pleaded guilty. That weighs heavily with, mc, aa showing a consciousness that you have.done wrong. It shows that you feel that your conduct was entirely that of bad citizens, not that of good citizens. You have been treated with great leniency already, in that there might have been a further proceeding against you for assault, an indictable offence. You were guilty also of sabotage, th© wilful destruction of property. You havo been leniently; dealt with in that proceedings against you were made of a summary nature. I shall deal , with you leniently also, because you lave pleaded-guilty, and not attempted to do what is often done, bring . forward witnesses in justification. It is impossible to deal with your cases; lightly. This is a very.' much - more * serious offence than stealing; property, or crimes of that class. It is a crime against public order. Had it not been for the men who voluntarily came forward to maintain peace and order the community might have been in a very serious position to-day. ". No .oinmunity can allow its peace to be disturb--; or it would not bo worthy, to bo called a civilised community." His Honour then sentenced Campbell,to eight months' imprisonment, with hard labour, in addition to the two months already being served. Lawton was sentenced to nine months' 4m'prisonment, with hard labour, in addition to the three months" he is now serving, making twelve months' imprisonment in all.'His Honour directed that Lawton should he committed to the Invercargill Gaol, where ho might receive suitable treatment. -