WAIHI COURT CASE.

Dominion, Volume 6, Issue 1574, 18 October 1912, Page 5

WAIHI COURT CASE.

THE DECISION.

CHARGE AGAINST DELANEY

DISMISSED,

STRIKE WOMEN'S ROLE.

ARE THEY PUT TO THE FRONT?

Tiic charges of assault preferred by Jessio Beanies against James Delaney, miner contractor, and a counter charge by Delaney against Neil ivcro concluded to-day.

Jlr. Cotter, IC.C., in opening tho case for the defence, stated that Dolaney was entitled to the freo use of tho public streets in pursuance of his calling, and, in doing so, was not to be interfered with. If other persons felt aggrieved at anv act of Delaney's, the law was open to tliem. At the same time, tho law should prevent-them from wreaking any sort of vengeance upon him. Delaney did not consider that the action of Jessin Beanies was a personal matter, but thought that she, with others, had acted in complianco with the wishes of a number of responsible persons who, by their actions, had led by the nose certain persons who, or(himnly, should hnvo been above such influence. Counsel proceeded (o refer (o tlieso ' irresponsible persons" as a body who were sucking to dominate the whole of the labour of New Zealand. Delaney had instructed him to say that ho had no desire to punish anyone further than asking the Court to give him that protec™n to which every honest person was entitled. It was u sad commentary, said counsel, upon tho labour conditions of tho Dominion that men who were willing to work had to proceed to and from their work guarded by a posse of police. It was also a sad commentary that those misguided individuals had made 110 effort to nnd out the law on tho subject. Mr. Cotter then went, on to remark that tho tactics of the strikers had been considerably altered lately. Tho women had been placed in the forefront, and men, from behind the skirls of the women, had sought to threaten or defy the law to take proceedings. In conclusion, counsel once more emphasised tho point that Delaney como to the Court simply to ask to be allowed to carry on his calling in the usual way, and to be allowed tho frco and full use of the streets in an ordinary manner. For that purpose ho asked the protection of the Court. James Delaney was then 'called as a witness for the defence. He stated that lie had resided in Wailii for 17 years, had worked in the mine prior to the strike, and had (since the strike) resumed work. Whenever 'he appeared in public he had not been allowed to move about the streets without, molestation, having, on all occasions, been subjected to "booing" and other insult. Ho had done nothing to justify such treatment unless it were that those responsible held that returning to work was a justification for their conduct. Witness then detailed the circumstances leading up to tho alleged assault. Tie stated that as ho passed into Haszadd Street, with one of his children in his arms, he saw Jessio Ueitmes draw a pin from her hat, and heard her threaten to run it into him," Ho at once put his right foot behind Jiini to keep the woman off, whereupon she threw the hatpin at him, rushed into the road, and pulled up it stone, which she threw. This siouo struck him. She then picked up another stone, and witness turned and seized hold of her to prevent her throwing it. It was then that Neil rushed in, and a rough and tumble" ensued. After this he picked up his child and went home. Arnold Bonge, bunk clerk, who had witnessed the whole incident, gave corroborative evidence.

Ihe Magistrate said that he would deal first with Neil's" case. It seemed that all the parties were more or less excited, and the two principal parties were Del«iney aiul., Jessie B?aiuos. .Neil cmtio iu almost at llio finish so far as could be gathered from the evidence. The facts were that Neil saw the girl being forcibly held by Delaney, and he immediately made a blind rush, mid, according to liis oivn statement, forcibly pulled the girl away. Blows were struck, and Neil evidently did not understand llic position' when he interfered. Neil had candidly admitted that, under similar circumstances, ho would have done as Delaney had done, and that he (Neil) did not blame Delaney for hitting him. He thought that Neil, prior to interfering, should have asked what was the matter. Neil had committed a technical assault in the honest belief that Delaney was likely to injure the girl. The Magistrate (addressing Neil); Do I understand that you 'have given up "booing" and "scabbing"?

"I ought," proceeded the Magistrate, "to record a conviction, but under the circumstances of your promise to desist, 1 won't."

Itis Worship then went on to say that ho would adjourn the case for threo months, but if within that period Neil failed to keep his word ho would be called up for sentence. In connection with the counter-charge for assault, brought by Dehiney against Jessie Honmes, the Magistrate briefly reviewed tho evidence. He could not, he said, get away from 'the fact that tho girl had, on a previous occasion, asked Sergeant Miller to let her "get nt" Dclaiie.v and his wife. She had also been previously warned about using a lintnin. With, this in mind it was difficult for him to reconcile the evidence given by the girls. Referring to Delaney's alleged taunt ancnt his turning round nnd making a certain remark alxiut "amusing the push," ho could not see anything in that io creato such a frantic demonstration. 411 the witnesses had agreed that the girls had got close to Delaney's heels, A warning had been disregarded, and it was n question whether Delaney's foot hit tho girl or the girl hit his foot. The_ only independent witness, as affecting this aspect of the case, was Dr. Hyde. This witness had said that there Was only a small bruise. Then, under crossexamination, the doctor had said that the woman in eonifng on to tho boot might cause such a bruise. Delaney was not ".scabbing" anybody nt the time. Ho was walking home with his children, carrying one of (hem in his arms. Under these circumstances it was not likely that ho would lie locking for trouble, and ho was justified in protecting them. The Magistrate then referred to tho hatpin episode, commenting on the occasion when Beames bad drawn a hatpin to use it against Constable Brown. Under such oircnmstnnccs Delaney could not bo seriously blamed, or blamed at all. in putting out lik foot to protect his children. The girl had admilled calling out "scab." which ill itself was an ollence, nnd she ■admilled flic stone business and the hatpin episode. In conclusion, the Magistrate said that he would impose the same conditions as he had in Neil's ca«e, and required a promise from her not to engage in "booing" nnd calling out' "scab." There would be no conviction, but ho would adjourn the ease for three months on ihe imdcrstandiiig (bat her promise would be kept. Otherwise, at any time within (hat period, she would be called upon for sentence. In regard fo (lie charge agaiusl Delaney ho would dismiss this straight out. Benjamin Franklin, charged with uslne obscene language, was convicted and fined 20s. Oll.fr strike cases were adjourned till this morning. ' THE LABOURERS. (By Telegraph.—Press Association.) Auckland, Octobor 17. No fresh developments of any consequence look place to-dav in connection witlr tho partial slriko of tho general labourers. Tho pickets seemed to liavo been thoroughly disheartened by tho failure of their efforts, for it was difficult lo find a trace of tlioir movements today. Inquiries made from a miiiilxr of contractors showed that the strikers had not visited them at all. The indications are that the striko will soon cease to bo a. strike, as many of those men .fit present out will 1)0 working on other jobs. The strikers, it appears, are receiving no slriko pay, and, as many of l.hem hnvc families and very limited funds, they will not bo able fo prolong (lieir holiday indefinitely. A number of strikors paid a visit to Mr. Julian's contract in Customs Street Wc e t this morning, but did not nttempl lo talk to tho men. They contented themselves with merely counting heads, their object probably being to see if any aI thfl workers had changed their minds.

and had deoidod to join the ranks of tho unemployed. If this was tho idea w)iich they had in view they were disappointed. Tho foreman of tho works told a press representative that he had applications for work practically every day, and ho had his full number of men.

Another contractor staled that he had taken on two froth' hands—both of tliem strikers who had grown tired of idleness, nnd who told him that they would never havo joined the strike if they had not been forced into it by other men.

l''or Hie first day sinco the commencement of tlio strike everything was quiet in I'ort' Street to-day during tho luncheon hour, when dt has been customary for n number of strikers to visit the strcetpaviug works and attempt to persuade the labourers to come out. fhero did not appear to bo a striker or picket in sight, and the workers were permitted lo eat their meal in jienee.

The latest development in connection with the Mount Albert liorough Council's, works is that 07 out of the (10 of them' have decided to join the Local and Suburban liodies Employees' Union. They did this quite on their own initiative, and wero not approached in tho matter by 1 either tho Mayor (.Mr. Coyle) or any of tho councillors. The two men who did not join have no grievance against tho union, but refused to join simply for tho reason that they havo never joined a union. No more of tho Harbour Board's men have left, and work is l>eing carried on without trouble. The pickets did not visit the men to-day. HUNTLY POSITION. Auckland, October 17. The Huritl.v correspondent of an Auckland paper telegraphs that tho mine whistles blew this morning, but there was no response by the miners. Tho company's officials are all working, and a ' small quantity of coal for tho company's own use is being got out. Tho men are very quiet, but the pickets aro on duty. There is something of an exodus from Huntiy, many men (mostly single) leav- . ing for other work. Some of tho many miners' boardinghouses are almost empty. Tho men leaving state that they will keep in touch with events, and bo ready to return if a settlement is arrived at. Tho Federation of Labour will liold mass meetings on Saturday and Sunday— on Saturday afternoon at the Post Office Square and on Sunday night in the Empress Theatre. Tho watersiders' band will bo present on Saturday, and a musical programme will Ixs provided on Sun- • day. The speakers wiill be llessrs. It, Scmple, P. C. Webb, .1. Dowgray, AVesley, Richards, and E. J. Howard.