THE TRIALS.

Dominion, Volume 5, Issue 1548, 18 September 1912, Page 7

THE TRIALS.

FOLLOWING UP CHARQE3. 1 FURTHER EVIDENCE. MAGISTRATE'S DECISION , . (By Teleßrapli.-PrcEs, Association.) ■ • Waihi, September 17. Evidence in the charges against l\irrj\ M'Leniuui, Opii , , and Molrose. of olToiiMvelv following up nrbilratiouisls at Waikino was continued iait liijjhl till 10 o'clock. Uelcctive Cooucy, eivorn, said that lie came to Waikinq'on August'.3o. Hβ corroborated tho cvii'encß of'previous police, witnesses and added that Parry and IPliCniian wero, beyond doubt, tho most, prominent in tho crowd. Since tho arrival of the free labourers the attitude of the strikers towards them had been,very aggressive. ' He had cautioned tcvonil not to follow a. man named Stone about, but they had persisted, and had said that the police could do (heir worst. Residents- of tho Hill had been reduced to n state of terror, and in consequence the police force stationed in that locality on September 2 was a large one. Tho position lit one time looked ugly. To the Magistrate: Tho conduct of the strikers was such as to raia* any ordinary in,iuy's rtvsontniiMilJ, ami cause n. breach of tho peace. Tim general attitude of tho strikci-s towards the free labourers was hostile. Ho would say that the strikers wero going the wrong way about converting men. Ho did not know that Parry had brought a crowd down to Waikino. The striker.* did not take much notice of the police (ill the free labourers appeared on (ho scene. Cross-examined by .Mr. M'Lonnnu! Tho police had to tnke one of the best of (Ik> free labourers to the wntcbhouse on Sunday for safety, and had kept him there 'till moro constables arrived from Waihi. Witness had said that lit- would not alow a crowd of pickets, but had no objection lto pickets (vying to arßiie with the men in a legitimate way. He ho<J not seen M'Lomian in any demonslratior since.

Cro?s-cxi\mined liy Mr. Parry, witnos fftid that the ,wnwd tliflt can* ft'diiv Wailii was Parry's crowd. It w\s" t good thing for Pnrrj- and for, UW flrikors, too, that they wont no Inrt.hcr Up had heard someone, call, 'Tarryl Where's your pluck now?" In answer to further questions, ,I)pr»o tivo Cooncy said that women and ! chililren residing on the Hill ihad been tnrroriswl by striker*. He- Rave the iui.im.ii of three women and « little pirl. pno had Ud 'fr<r patjiivey, fejOPjjßfijy. Wpsfc

'. ed 'by a strike picket, and insulting 1 6pifchets-had -been used towards, her. :.' .' Fouivptlier constables gave evidence " corroborating thivt given by Dcteotive :'. . Copney us-- to the. aggressive attitude of ■; .■•'■•..thei:js.trikers; arid said that, but for tho ' ' . presence.:.'of-,-, the police,. tho situation '~..- ■"'. would have-, been very serious. .

.The'other witnesses consisted of arbiJration workers employed at Wa.ikino, nil of., whom stated .that thed had been followed oil.the afternoon of September 2by a crowd of. striker; numbering from 70 to 100,- and thai but for tho presence of the police, they believed that the followers .wqiiHl have subjected them to annoyance/if; not actual, violence. One or two .of the.witnesses.nlso-sliifed that tho attit«(le;,.adop,t«l..))>•■ the.-strikers' had , given their'.'wives- great arixiely, and, in fact, eo upsetthera, that they had suffered iu bodily health. .The woinen in two eases had been reduced:to a state of nervous .prostration, and theii' husbands had found it necessary to send them away. from tho town. .... •

The various witnesses were subjected to close cross-examination, and the points adduced.wero, that they ono and all believed that , they would .have been subjected to annoyance calculated to create a breach of the'peace .had it not been for tho presence of the 'police. Certain of tho witnesses failed to identify defendants said I to bepresent by the police, but were quite . .emphatic on the point that the-assemblage - of such a large body of strikers was duo to a syste'm, and that the authorities of the union- were responsible for a largo number.;of pickets, and strikers at Wai- ., kino... ..;;'..■-. '..-•■-. . . . . . -TJijs.,'. concluded tho evidence, for the prosecution. ' 'ATHE' DEFENCE. Mr. Parry said that so.far as the vicepresident arid himself wero concernod, ho ttas. prepared to call two or three witnesses in-connection'with-the complaint alleged by"."certain-of.-the pickets, who stated that on, the' morning of September 2, at .• Waikinq,.-certainof the police had adopt-ed-an-aggressivo attitude, and had produced their-batons,. and had used threats to the men. . This had led to a protest being- forwarded to the.Minister for Justice," and it'was-also intended to show that the-'.attitude of the polico towards tho pickets .was responsible for tho itrengtliehing. of-tho forces of picketing at waikiuo on .the occasion of the alleged on September 2. His Worship said that this had no direct bearing: before the Court. ' -Mr. .iSa-ys saidrthat'if. the-union officers felt. that they had a grievance against the police," they : slionld proceed through the proper channel. • However, ho had epoken to the whole of the constables who . were at W 7 aikino on the occasion referred to, and who had all denied tho allegation made of their, attitude-'towards ■•the strikers. If -defendants were allowed to call witnesses, theii: rebutting evidence would bo produced by the police. .-Melrpse claimed that, ho had no caso to answer; The information alleged tho following of free labourers about WaiKino,:whereas.the evideuco oi the prosecution'generally didnot support this. Practically., tho ;whple of those '.called, by the police.said nothing; more than that they had seen him standing at one or two places during,the afternoon..:: .. ' ■:"■"■ Opielalso': submitted, that he had no case to. answer, and contended that ho had not even been where alleged by the prosecution, and had not taken any part iii".th^'demonstration or'any 'following up. •;-l'h6 magistrate; replying to defendants; ' said. that, if it : nad- been alleged by the pb.lic«:that!.they were'there, and had: taken, parMn- the'demonstration, 1 and evidence of that fact hiid' been- given, then it was for'defendants to produce-witnesses to contradict, the statements made. : Tho case , against'(Jpio was admittedly much weaker than those against', the other tlireo chft'Vaed^,'.-• .■'",'.' ' .-.-■ ' :...-:' :.■■ ...M'Xennair-(defendant) said -he wasnot , prepared< to -say. that he knew anything , of the legal aspect of the position. AH he would say- was that he had not acted offensively towards free labourers. This ivas demonstrated by evidence adduced by the'prosecution. Ho claimed it as his right, to talk to free labourers,- and ho ivas;prepared to admit that ho had been persistent, l and that he intended to continue to appeal to these men, and to bo nersistent in so doing;. ; Tlicre was no doubt-but that an industrial fight was in progress," and lie claimed that Kβ was justified., in .iollowing men. until such times 'as they- entered upon- private propertyl.and only then would he stop. Ho ivould not deny following, and the intention of continuing to follow, as it was neces- ■ sary that this course should be pursued ' when free labourers were concerned. That was.the attitude he had taken up. He was opposed to violence, and if they could-; not will without resorting to violence they would not proceed further, but would, prefer "to: lose :the -fight and wait until' such time, as they-could educate their opponents along legitimate) lines. • Parry, addressing ■ the Court, said he did not propose- calling evidence, as he ■'fully, recognised the clause of tho Act they .'.were up against. He, however, considered that the evidence of the police had been of an exaggerated character, ond that-the position' was by no means as "serious.'.as that, evidence had suggested. He . -rwas satisfied that the course adopted.'in lining up the police was.'a challenge ;to the strikers, an action calciilated to create' trouble. In proceeding .'to" Wiikino in the earlier stages the object of himself and the| vita-president had been to take observations and interview' free labourers, and tho preseuce there of so';'large a'number of pickets and other . etrikers on the afternoon of September E was due to the facts that it had been reported that a number of free labourers were coming into tho town, and to a report previously furnished by certain.pick-. ■ "ets that the police had adopted an ugjrressivo attitude' towards . them. ' This made- it necessary for them to attend in numbers: for--.their, own protection,, and that they'might be in a position to refute any evidence produced against them. Having taken these .observations they found it necessary to increase the number of pickets so as to interview tin , whole nt' the free , labourers, and meet any evidence that might bo offered against them by the police. Sergt. Wohlman had admitted, defendant said that there had b?en nothing more than persistence. With regard 'to September 2, the reports of Ihcaggressivo attitude of ,tlu> police to- '-./ ward?- pickets had shown the necessity for still.further iiicreasiug ,'thV numbers of strikers;in attendance,,for their own protection, and also led to a protest being sent to the Minister for Justice. Tho presence of a larger crowd, however, in , the afternoon ..was no doubt duo to rumours of_ further free labourers coming into the.town. 'He and the vice-president admitted the following'.ancL. the responsibility for the presence, of the Strike Cpin- , iuiHee.with-.tlie-..object of seeing what was going, oii', iand, if. possible, meeting with and.'speaking: ..to :tli-e _free .'labourers'., .riiere.'was, however; uo intention to jesorf to "-or permit. members-; of- tho. resort to .vjplehje,_tlieir sole object bSin'g to 'point out'that,the free. labourers wore taking the jobs-bf'men'dnstrike, and thus dojng.a .wrong to the/working class. When the -present Government, came into power a largo sectipn. of .the people;, of. Now Zealand,'and inorq particularly the enj-ployefs-bf. labow,.looked.to tlie.'Goveriisome'steps.to deal with the industrial"', '.'troubles,.' '.:and . .'industrial workers.- .'■• '■■■-"■ -"-•- ■ ■■ -.^--j. ;..-.-.

■At' this stage his "Worship sfe'mark : ed that be was prepared t<f say publicly; that ho'had positively no hint,as to direction iri wh.ich the Government proposed acting, with, regard to the Cases, under review. They'bad come under his. jurisdiction ■ in the ordinary course ."of events, and he kne-w absolutelynothing as to the attitude of tho-Government.'-" -':"-...: ; .-.- .■::■.:

. Continuing- bis address, Mr. 'Parry said that.when , the. strike-took place in Wnihi a move had been made to got tho Govern, ment to take steps to introduce legislation dealing with tho dispute', bnt the Government, feeling that it was not top strong, made no move in the direction urged.. As.an excuse, however, tho police had been sent into Waihi with tho alleged object of maintaining peace and order, but in- the.opinion of the speaker tho object was rather to incite'tho men and thus, give, the Government an opportunity to aot. .."This, opportunity was. afforded by the . Waikino;.'incident, which gave the Court the means of binding the men over to keep the peace, IS was true that his Worship had pointed out that the bonds asked were only nominal, and not such as would make., it difficult for tho persons concerned to'meet the demand. Ho and his fellow strikers looked upon the whole matter from an industrial standpoint, and contended, that there were cortain principles to defend. The mere fact that their liberty was'being taken nway from them, and that the result would only l» to cause an increase of sympathy towards the cause,. he woul d say that it was inton ded to en on with the light until such time as <he. principles contended for were acceded Mr. ilaye denied emphatically, that the

Government had seat additional police into Wnihi with the object of fermenting trouble. ThJ.s impression was created and given forlli by certain persons with the object of serving their own purposes, and was not trui). Inspector Wright had not brongM additional polico into tho district until such, tinio as the position became critical. Other of tho defendants supported Mr. l'arry's- remarks. THE DECISION. His Worship, in giving his decision, pointed out that the section of the Act miller which the proceedings wero iiistitn.ced was not puuitivo, but would simply eiiHiiro protection and,the liberty of the' subject. All the men. were culled upon to do was to find nominal sureties. No furWior annoyance'would lie caused. Tliore had been a good deal; of talk about the extra, police, but there had been no reinforcomorits until after the. following-up which formed the basis.of .the present proceedings hntl commenced, and which was the of apprehension. Had Hie polico not beru. available there was grave reason to believe that a breach of tho peace would -litive occurred, b"t he believed, arid agnied with Sergt. Wohlmann, that; no violence was intended by the strikers. As to , the suggestion that tho police had challenged certain of the fvpeatoers, he did not beliove that this could bt> seriousSy alleged against them. ■Thoj had been there simply to act tho part of interniexßaries. He was convinced that tho tactics adopted latterly by the. strikers were against their best interests, and wjshed to make, it clear that such tactics nlust be discontinued.

Mr. Prosier then ordered defendants Parry (president), M*Xonnan (vice-presi-dent), and Molrosß to .enter into bonds of .ElO eacJi, and find further sureties of £\0 to keep the jieare far a jieriod of 12 months. The costs in each instance totalled M 3s.

His Worship made a further effort to persuade the men against going to gaol, pointing'out'that their liberty in the ordinary sense.was not in any ,way curtailed Tjy the bonds asked. They wero quite entitled to continue to endeavour by all legitimate mcaSis to approach the free workers and place before them, their viaws, the only condition being that they must. not do anything which might lead to a breech of, the peace. The defendants, however,, elected to Stand to their alleged principles'and go to gaol.. ' '■ .... The further hearing of tho charge against Cv Qpie, the fourth- defendant, will bo contiisucd in the. morning. '

MORE POLICE. Waihi, September 17. . A party of twenty constables and a sergeant wero telegraphed for last night, and will leave. "Wellington to'-doy. FREE LABOURERS; WAGES. , Waihi, September 17. The question of the wages paid to free labourersi ■at Waikinp has been clearly explained by officials .of ■ the Waihi pahy. The men nre taken on at the standard rate of wages riilrn.g , before the strike, and are paid, in addition, a bonus of 2s.' a. day as a,n offset .to',-the annoyance, ■which the men are .admittedly subjected by the application, of the boycott- and other 'known strike methods. - There has .never ■be'ei). any secret about the action of the company in this connection. Reference •waslmade-to the matter-by a defendant in cross-examination this morning, but the magistrate niled out the question, as being irrelevant to the case.