"SPECIALS" INSULTED.

Press, Volume XLIX, Issue 14840, 4 December 1913, Page 8

"SPECIALS" INSULTED.

BENCH SHOWS LENIENCY. At the Magistrate's Court yesterday before Messrs W. W. Tanner and W. H. Cooper, J.P.'_, Leonard James Rowan, a young man, and Henry George Davis, an elderly man, were charged with using threatening behaviour on Friday last towards a troop of special constables in Armagh, street. Senior-Sergeant Mathieson, who prosecuted, asked that the charge against Davis should be reduced to one of using "insulting , behaviour." This was agreed to. .' . Mr'O. T. J. Alpers appeared for the accused Davis, but Rowan was not represented by counsel.-- Both the accused pleaded not guilty. Frank Hahham, special constable, doposed that on Friday las' 4, the accused Rowan, standing outside Yates and Buliivant's office had called out "scab." Later in the morning, when the patrol was passing, Davis laughed at the specials, and "boo-hooed" them. He went, back to warn Davis, who laughed in his face. Roy Priest, special constable, stated that he was. on patrol duty near tho scene of the disturbance. He saw the elder accused, .Davis, put out his tongue at a special constable and then laugh Norman George Barker gave corroborative evidence. He considered Davis, was laughing in a very offensive manner. . * James Miles', special' constable, told a similar story. • He heard the word "scab" called out by tho younger accused. v

John Hislop said when Hanham went back to warn Davis; the latter laughed in the special constable's. face. Hanham was not threatening Davis with his baton, but.appeared, to-be merely emphasising his remarks. :"" Sergeant Clarksoh -' gave evidence as to. the arrest of the .accused > and their identification by two "specials." - Jlx Alpers submitted that there had been a mistake in this case. His.client

Davis had been a volunteer and was not likely at his time of life to run riot in the manner described. Davis was a bookbinder, and had a pertect right to come out to the door of Yates and Buliivant's office. He added that Davis had not been summoned, but arrested, and had been brought to the Court in the "Black Maria" in company with convicted criminals. Henry Georgo Davis, one of the accused, deposed that he was 69 years of age. He was working on a contract, and was free to go in and out of Yates and Buliivant's office as he liked. He was on the doorstep of the office with Mr Yates, when the "specials" passed on their horses. Mr Yates said, "Where's the ambulance to pick up the pieces?" and witness smiled. One of the "specials" returned and shook his baton at them in a threatening manner. He denied laughing at the "sjiccials,"' or'poking out his tongue at them. He did not think that the other "specials," twenty or thirty yards away, could sco anything he did. Harry James Yates, member of the firm of Yates and Bullivant, printers, and publishers corroborated the accused's story. He added that the 'special" said be would knock their beads off.

Henry White, clerk of works at the electric* power works, said he saw the patrol of "specials" passing the office of Yates and Bullivant. He was as close to the office as the main body of "specials" when Hanham went back, but he saw no offensive behaviour, and heard nothing insulting to tho "specials," save the cry of "scabJ" from school children.

Joseph Barron, employed on works opposite Yates and Buliivant's, said he had seen Davis laughing, but saw no insulting behaviour on the part of the accused.

A young girl, Hazel McCarthy, employed in _ates and Buliivant's offico, said that Davis had not, so far as she could see, used any insulting behaviour. The special constable who rode back had said, "If you say one word more I'll knock your head ofr!''

Another girl, Mabel Dwyer, deposed that 6he thought the special constable used tho remark quoted by the previous witness.

Thomas Loose also gave evidence. Rowan's evidence was a complete denial of the charge against him. He never used the word "scab," and gave the names of witnesses whom ho said could prove the truth of his statement.

Mr Alpers asked that his client's case should now bo taken, and this was done.

The Bench, after retiring, stated that they had very carefully considered the case. The accused Davis would be convicted and fined £2, in default seven days' imprisonment. The accused Davis: You have convicted an innocent man!

Continuing the,case against Rowan, Nathan Davis deposed that ho was present in Armagh street at the time Rowan was alleged to have called out "Scab." He did not hear Rowan say anything, but there were many people present at the time. He heard someone call out, "Scab," but did not know who used the word.

Mabel Dwyer, Hazel McCarthy, .- and Albert Wilson also gave evidence on similar lines.

The accused was fined £5j the maximum penalty, in default one month's imprisonment. "You have been convicted," said the Bench, "of using the vilest word in the English language."

The Bench stated after the adjournmeni, that owing to the heavy -.xpcnses the fines would l*e reduced by one-half in the case of Davis, and to £3 in-the case of Rowan.