HAT PIN CASE.

Dominion, Volume 6, Issue 1572, 16 October 1912, Page 8

HAT PIN CASE.

JESSIE BEAMES AND DELANEY. "SCABAXD /AI'TER. (By Telegraph.—Press Aesociati'on.l. Wailii, October IS. At the Magistrate's Court this mornins, James JiolaiK-y, mining , contractor, was .charged with Jissauli ing Jessie Benine;. The ofl'cnee is alleged to have taken placo when Delaney arrived in the vicinity of his homo after knocking olf work at the Wnihi mine. Accused pleaded not guilty. Mr. Cotter, IC.C., instructed by Mr. Jackson, appeared for Delnney, and Mr. T. Moresby for Jessie Beames.

In opening the ease, Mr. Moresby said that a serious assault, had beeli committed though not with serious results. The reports circulated concerning the assault had been one-sided, incorrect, and untrue. On the day in question, his client, in tho custom of the strikers, went out with her sisters and another young lady. Complainant was anxious to see Delaney, and made her way in his direction. Delaney, after shaking hands with several youths, passed complainant and her companions. When he got a dozen yards away lie half turned round and made the following remark to tho boys: "T had no need to come this way. I did it just to amuse the push." His client (Jessie) Beames) was naturally incensed, and retaliated by calling out "Scab!" Delaney deliberately kicked backwards, and a second time kicked out with more vieiousnoss. He also made use of a vile expression. His client held a hatpin in her hand. She had subsequently thrown the hatpin into a hedge. Jessie Beames gave evidence supporting counsel's remarks, and stated that Delaney did not go into his place by tho usual way. He had a child in his arms and two children on eithfr side. Ho used an insulting remark in a loud voice to her. Up to then she had made no remark. It! was true that she had a hatpin in her hand. While sho was following, Delaney kicked backwards, striking her "skirt. He kicked her again ferociously on the knee, and she felt the effect of the kick .which made her leg stiff "right away." Delanev wore miners' hoots with big nails. Utl till tho time of the second kick she had not made' any attempt to assault. The kick which sho received was not accidental, but deliberate. She saw Dr. Hyde, who examined tho injury. The leg was bruised nit'l swollen, and painful for two days. Witness, who gave her age as 18 years, was in the'witness-box all day, and tho cross-examination by Mr. T. Cotter, K.C., only concluded at the 6 o'clock adjournment. Questioned as to the nature of the "rally" which she intended to give Delaney, witness said that sha' meant to "boo"'him, and give a "rally" similar'to that-given him on the previous Saturday evening. ■ ' ■ • . To-the Magistrate: Sho thought that'it was. lawful to.giro Delaney a "rally:" Referring to the. term "scab,", she thought it a proper expression to .use to people in the public streets deserving of tho epithet.

The Magistrate: Well, then, let mo tell you that it not only is an improper expression to use in tho streets, but 'it ii also unlawful.

Under further cross-examination, slio, said'that, .if the same set of circumstances arose, siie would bo justified in repeating her conduct to Delaney. Sbo could not remember any reason for going closer to Pelnnoy after ho kicked at her tho first, time. Delaney had no reason for.kicking her. She did not draw the hatpin with the deliberate intention of injuring Delaney—she merely drew it tn defend herself. She had not actually used the hatpin, because some boys got between her and Delaney, and she could not get near enough to him. She threw it into a hedgo. Sho admitted that afterwards sho had picked up road metal, and had it ready to throw when Delaney enught her by the shoulders. He„pross-. Ed his thumbs into her throat, and pTO-' vented her from throwing it.- Delaney, in fact, rushed her, savin? "I'll kill you!" She did-not know that his children were near at tho time. She did not ask Cundy Neil to assist. The latter separated thorn. ' Berenice Heath tJioa entered the box. She detailed the circumstances in connection with the Delaney incident, and she corroborated complainant's evidence in regard to Delaney provoking them by remarking: "Well, boys. I eould have taken a shorter cut, but I have como this way to amuse tho. 'push.'" Witness and companion retaliated by calling out "Scab," and this led incidentally to tho assault. Witness had used the term to make Delaney feel his position. After Delaney had kicked Jessie Beames, the latter pitted up a srtone and. threw it at him. He then ran after her, and seized her by the shoulders. At this stage a man ran in and separated the couple. Mr. Cotter: How long have you been "scab"-hunting? Witness: Sinco the demonstration started. Replying to further questions, witness said that'she held that Delaney had no right to go to work until there was an agreement, and that everybody had a right to their opinion. Mr. Cotter: Why do you call them "scabs"? Is it to make them feel their position high or low? , Witness: To inako them feel their low position. . Tho question and answer had evidently been heard bv the crowd outside the Court building, as loud applause immediately followed. The Magistrate ordered tho removal of the crowd, and crossexamination was resumed. 'Mr. Cotter: Do yon do it with tho intention of insulting and annoying them ? Witness: Yes.' • ' , , The whole evening sitting wa« taken up with the cross-examination.-of the witness.

THE "HOLIDAY."

TAKING THE SECRET VOTE,

Tilings were very quiet as far as tho Wellington waterside workers were concerned "vesterday. Tho chief topic of conversation on the waterfront naturally 'was the taking of the ballot and the ouestion of "downing tools" next Saturday. The voting commenced yesterday morning and the poll will by closed at 5.30 to-day.. Thero were do "incidents t and to tu© outsider it appeared to ho the usual kind of day at the waiting room in Waterloo Quay. During the morning thero was a rush of voters, but about the middle of tho afternoon "business was not brisk. It is understood that the result of tho poll is not; to bo niado known until it is announced to a general meeting of members, perhaps to-morrow afternoon. From what could be gathered yesterday tho idea of a sccret ballot has found favour with the men.