RECENT MELEES & THE LAW.

Dominion, Volume 7, Issue 1913, 22 November 1913, Page 6

RECENT MELEES & THE LAW.

EIGHT MEN IN COURT. THE AFFAIR AT WHITCOMBE & TOMBS'. THBEE MONTHS' SENTENCE. A PICKET SENT TO PRISON. The savage nature of the riot at .Messrs. Whitcombe and Tombs's premises ill La.niMon Quay <hj October 30 came into full light at the Magistrate's Court yesterday during t'ho hearing oJ : several charges against' William HeimJ..<awten, a waterside worker, apparently about 30 years of age. The charges against this mail we-ro:—(li That on JVoveinbor 30 ho wilfully broke a pane of glass, valued at £2, tins property of Messrs. Whitcombe and Tombs; (2) that lie took part in an unlawful assembly m Lanibton Quay; (3) that ho took part in a riot; and (4) that ho assaulted Kdward Wanh.'ll Pearco. Mr. W. G, fiiddoll, S.M., was on the Bench. Lawtem was not represented by counsel. Cliief-Dotectivo Bfobcrg, who prose-, cutcd, said that titi proposed to ask the Court to proceed with the hearing ot the charge that- Lawton took part iii a riot, ami to Withdraw t.iio unlawful assembly charge if the accused were committed on tho former. This course was sanctioned.

TJto Rush on the Shop. Edward WaKlell Peaice .gave evideiieo to the effect that, on October 30, lie was sworn ill as a special eftnstA-b.le, and at about 4.3(1 011 tlio same afternoon ho ♦uid another special eoiisfcable woro walklug down Lambttm Quay when a howling mob aliased thoni. Witness had been handed a baton, and it was a long ono whach iron Id not be concealed as ltfe Walked along. As the mob eamo on, lie became separated from his comrade. He turned in defend himself, and then got into s'leSsrs. Wh-iteombe and Tambs's shop. First of ail two of three of the mob followed liim into the shop, and more followed later, Those 7mm pursued him round the talk-eases and ■caijght him. Thumping him and pushing him about they endeavoured to get him out into the .street. They had not succeeded in getting liim to 'the door when three constables in uniform caincto his rescue. One of the constables Ordered one of the mob who had hold of him to "Lot go." At the same time the constable waved his baton at thd man, who called out, "Yon use that, and I will use this," 'Witness did hot know what tile "this"'Was, but he noticed that, at the hiem-ent, the man put his right hand in the direction of his hip pocket. Ho could Hot identify Lawton as one of til© nie.n who was there as be was excited at the time, but he recognised Constables Murray and Bade as two of the constables who came to liis assistance.

Cry> of "Lynch Him!" Constable Murray stated that, at the time of the disturbance, ho and two other constables were passing along .to the .rrecade.ro for tea. ivhcn they saw the crowd pursuing a man wJjo Was apparently getting • a bad time. One of the two men fell, but lie regained his feet and got into Messrs. Whitoombo and Toinbs's shop. The. street was crowded by a noisy mob, Who were calling eat, "Pall" the scab out and lynch him." Witness ami his fcllowconsfcable made for Messrs, AVhi-tcombo' ■and Tambs's, : arid' there ioiirid that four of the nlo-b had Fearfietw.i the floor pum- 1 melling him and endeavouring to get j him out io the cloo-r. Witness told Lawtoffl, who was one of the four. .to let I'earcc up. The assailants refused 'to do so, ami witness then drew his baton awl threatened to u.se it if I'onrce were not allowed up. Witness continued: "They let tlio man up, and a few more of the crowd came into the shop and attacked us with sticks. Constable ttade,' Constable Ferguson, and X' used our batons only. I used h\y baton till I Iwoke it," Aftei* breaking his baton Constable -Murray used the bint. winch rciiKHwed in his hand. , Someone took him by the leg and witness jabbed this uwm in the face, A little later ho was struck on the head by something and rcmemha-ed little more till he awoke ill the hospital, in which institution lie bad to spend .several flays. The three constables hold the door against the' mob, which numbered from 400 to 500,' Law tan -appeared to be the ringleader. ■Constable Made, who was with Constable Murray, corroborated the 'hitter's -evidence, lie added that a glassdoor in Messrs, Whitconibe.a.nd Tonibs's shop was broken by a stone which Lawton threw at witness. Lawton wwi crying out, "Come -oiU We will lynch the - — scabs!" When' witness was: endeavouring to put Lawton out, accused endeavoured to kick him. ' Ho got the man out after 4- severe struggle. The mob was ma-Icing a terrible noise, and no oue was behaving worse than Lawton. •

Lartou as-lfed ttheii the stouo was thrown, • CoustnMo Eade: After we had cleared the shop, and while yon werfi stall,diijc on the footpath. ■ Handed Out Revolvers, Louis Douglas H, Whitcombp, mauagc??. for Messrs. Wiiitcoinlio iiivd lomhs, Wellington, de.pcj.secl that the ilaiiingo to the ftlass-dqhr amounted to About .€2. A large pano of giass was also broken, and this was. worth £30. It was broken by ohg of the mob, and tho hole in it was ahmit ait ineh.ii.i <lianiotfir, and could have been raudo bv a billlet fired from a weapon. During tho riot, witness dealt out- revolvers to Ms staff for the purpose o'f .frightening tho mob.

Detective Lewis stated that, on November fi, he'and Detective Andrews arrested the accused, who was a watersidcr on strike,. Oft November 14 lie exp.iained to Lawton what the charges against him would be, Laivtan mcioired: "Is it serious?" Witness replied, "It is quite serious eiimigh." Lawton then said, "I was just wondering what 1 would pot, lam .gittliy of the assault-, bnt I don't, know about breaking t] le ' window. 1 was ill the shop all the tihio uutil t-l.iD employees bfoHsxht their revolvers out, anc! I asked them not to iise them, tmttl 1 got out. I could not have broken tlio bip: window, jis the papers spy that thab was broken by a bullet*"

' THs Accused's Man Vcrslsii. Lawton Was naked if he had any thing to say. Ho •expressed a desire to speak, and said: I would like to explain how 1 got into trouble that day. I wiis mixed nj> in tiro crowd, and a spccfol constable was in the slwp when 1. got in. Four or five had held of liiiii. and 1 save -a, hand. He had hold of a glass ease, gripping it with out) ham!., and 1 was trying to get the bawd awa.v. i I said: "tiot- him out in tiro stiwt-Hatit I of the shop.'' When I said that tli.o J constables camc oil tile scene. One lifi?ycl f his baton and told us to sot outside. 1 j U)ld hi if; not to use the baton, as (ve j would get out. Just then n eiwvd j rushed tile door, ami the eonstab.lt r ii I were holding "it. Then tiie crowd in the I shop outside. I was the lust j one ill.. The constables ivoro lining -the I baton pretty freely, and the crowd ran j awav from the door, and went back on ; the iootpath. Three of the employees ; had revolvers, and I found myself in ii Wt °f » predicament, so I. told them to let me out oi the shop. I got out cm the footpath, and, tni'ning round, safci; are iiot men to use pistols. 1 picked up a, bit of glass and threw it

at the glass door. It grazed the window,, but- did Hat go through." When asked how lie pleaded to the charge at having token pa;r:b rn a riofcj no answered iiijty." lie Wis committed to the Supremo Cmi.it for se.i-i* twice./ Chief-lieteciivo Br<sborg then ftitliarow the unlawful assembly charge Ivawton was then asked h.oW ho 'R *! J , on the charge of assault, and 'hilt of having tirnlani tho glass, Accused ;I p-I ca <j ~i ot gu j]t y tn breaking Hit. glass. I ; ,u!t ' 'Icposrfl to lie had Swc. bn;,li !ho with a 1,10 »V™K 'and was for flirv 10 imprisonment ; and for haying Lofton moi-Ui"" ™ * WaS to one month s imnnsnnnie.nt, The sm-itoneos will rim accumulatively. henw »^,« ■ti,! ei n?i ] " nn T »•« sentenced Defeeno Bfobcrg stated to the Court that ac r 1 0:,li::o ' ieen convfcted ■it bi caking and eiyforivic,

I COWARDLY ACT. " CrriZKN ' HELJ) A.\D PUNCHED. Walter Burton was charged With as.aufed Edgar VernoiJ C„ on .November o, am! with having taken he s"uio <htc 'Si tal ' lCrfct4^l ' S "' cel 011 WteAsfi*** p&rst.niftSSs* 20 men wore throwing, and the™ „ <3JS . u between .the .trooijs ..and tk iii'flin body of tlie crdwcl. ' said^J K nvhl ' shaiebroker, Hat n i stone-throwers during tho J lot n ere out in f r<)U t 0 f j, denso Tmwl Hig mob. Three 01- :fur oi the . sro more venturesome than the relt iJ? Qt° f O ,- 01 ' ftmr o>' the. throwers Ilk stones at- t'li:o mounted .specials lkngs got very bad, and tho 'mounted men turned and charged. Burton iiimiv 0;! »!' "" I' l '* back fence of the "roiincls Hc.atl£ thefL 7 •'?' not seeing J,lie ioot specials inside, ;ho got down into tho groups, where lie Z X 3 " a fP R eral constable to whoso assistiifthon V i ltnes ]> , a ? "iii'ton «ai. then also seized hv other* 'Pimm saw tinca or four men coming towards Ae others had hold of Hurlon witness let go his grin to ,o prepared for the onslaught, In'cl ttrr ant} cunt '» sio » tlie man got aivaj, Ihe men rilnniiig towards them turned out to bo. rioters who wae bcnig pursued by mounted ineii. Arnott John iMiniev stated that ho saw Burton get ov er tlio fence. After rir?l'" IaU T ° SCa,) i lle ' ag!lil1 i olnc( l the mob. awl appeared to bfe trviim to perWe than to lira,-e * -go"' at the Ciols. Jho mail stood in the road alid ; ',5 o,fons , l . n! i«'|Uiiage to those who we: <>.guarding the grounds. The mob >'■ ehaved vei-v noisilj;.' o.iie man W T tiff a n v , u, ° long.' Wt. Dickson: 'fiiere weti) about 200 special const,abl.es .in .flic grounds . JVorinaii Xelson, a clerk, who was standing in front- of ©algety's buildings ■at- the time of the not, stated that lie saw-tho accused throwing stones at tho specials, the aecascd was prominent ainoivg otljers, were tlirouuim stenos. b .Burton pleaded not guilty to th.a oJmrgo of tafett paFt i& a riot, .and was committed to tho Supreme Court for trial. • Disgraceful Scone, ~ of iiis having assaultedtSdgar Vernon. Bevan. Was tlieii deaft with. li. V.'Bevan said that iltji.-'ilig the rjail f at seeing sovoriu ToSpect-ahly-drossed people " throwing stones.! Ho saiv- a •telegi'a.ph.niesse.iigcr throwing, - smacked the boj;, and sent him away. Burton and others s'avv this occur, and one of them said,' "Oomo oil." They attacked witness, struck hint in tho face, about the body, and Mly twenfv blows landed oil liis teni{)i.e. lie was theii l.ii.t on the. li-.ead Ivy something which, he was afterwards told .must have been a stick, but he Was .not personally eognisaii-t of what-the WeapOit wae. lib was jammed against the nail of a buildin;'., 'his arms were held, and Burton continued punching 'him -the while.. Witness had a can p. but if was -not <>no which would .knock anybody out, and m aiiv case ho was not able to- uso % effectively. He received a bad kno'cldng abojit, aitd was practically sttiiined. Koi-man M'-ArteivyJ -cleris, deposed that he saw 51 i'. Bcvan cerrcet the telegraph niesseiigei:. At least three others beside Burton took .part -i» the attack oa Bevan. Burton had something hi his hand when lie struck the first blow; probably it Was a stone or -a small, piece of wood. Bevan had' not- pok'cd' his- saii'e into Burton's face before tile assault, (j. W. .M'Donald, who H-as watching the disturhanee from Messrs, Levin's Buildings, said that 'ho saw Mr. Bevan. assaulted. The assailants, rushed him against tho wall, -and hold him while lie -was punched. Detective Bailey deposed to tho arrest of Burton in Post Office Square. Six Weeks' Imprisonment. In giving evidence Burton Said: I asked Bevan what ho hit the bov for, and lie said: "I ain ready for you, too," and poked me in the eye with his stick. Chief Detectivo Broberg; What were, you -doing there ? .Bm ton; I. had first, come round from the- Post Office Square., and I found a, special's hat and thought I would go along and see if I could find the man it belonged to and give it to him. I)id you find any stones?—''Xo." Did- ywi -throw any stone's Yon heard the witnesses swear that . you threw si-ones?—" Yes." Were they Jying? . Burton hesitated. Tho Chief Detective: Yes or No? Mr. Dickson: I doiv't think this is fair. Tho Magistrate: It is. quite fair. TJq mi.uht be charged with perjury. Tire -Chief Dotectivo: Yes or No ? Burton: No! The Chief Det.cctiv.fi: They told tho truth? Burton: Yes, The Chief Detective: Yon threw stones? • liurfon: Yes. The Magistrate: Six weeks' i.m-pi'ik>ii« men!, PICKET CAOIEO.

I ON SI ! ON I U:xch\S t®£W, [ . Jijsoiil-i Tli'.n.ii: \sas charged. with j having a-vwutltfld Thomas Ri?giiigld I Do,yes 011 -Qrtubw 2i. Ho was dcttfn.ded ! liy Da-lison. ...■ livfcienw was jjiveirby I/ho.nnid Hut" chinson, a etark «iio was with Boyftii , oh the occasion i»; question. Witness' j sinti <i tl.uit thnv had Ijitji i.it! • in t;hi> | harbour in a Jftuut-li and wprii rotn [ In 'tl.iv hmiM-Wrk behind Dtp To i\virj | .Uailw.v Station, wiro.n abovit Uijrty | stjikwis Iv'fli.i! tbo Tamiiaid Stmct i \Vbarf rushptl vtjxni Ihens. 't'Jioma.s M'P.-d 'liAld iif -ItfiyoK. IV sti'Hwfs wanUsl tu h't.w what i:o ami Hovos ' had I.H'cti lining -and as the -alisivirt'-h. lip- ■ 'HarrwU.v, did. not Siiii.sf.v ilv.ni, liicy -jt- ! Iwajvlml l<s fms-h . ttiyus into lilt;' liajv * Im.hu-, i'-iil. wi-.iv i.n vented Vir.itn doinii wi i>y two j;vtHisiirhH arrived jtwl: ■in tiaso. This ii/tiifienod at abouS 5.30.. in lire - : Thomas itogi.nald Beyto, who is si lipping clerk, vlaiof] tliat.'iliy'niasi, who" njipoarod 1o bo the riiigloador. demanded 5 .- in ray otteusjVfl iaiiEiiago wliat, ±lrbV liad Veil doiivj, and whether they bad* brcn working on tlie wharf. Tlmy Woiild not giv:o lui-i.i . adjr .satisfaction, aud.

Thomas caught witness by tlio shoulder, and said: "Over tlio sido with the scab." Others were calling out: "Over tho side with them." They ran him about twenty yards towards tho harbour, but, when within a couple of yards of tho edge, ho was Tescued by two constables. Inspector Hendrey: If they had not arrived you would fiavo—got wot? Witness: "I would have been over the sido." It is a sheer drop, and no place to get out nearer than Taranaki Street Wharf, about 300 yards round. Tht> launch had gono. Mr. Dicksou: Didn't ho say ho was a picket ? Witness: He did not say so; but I know :it. You did not givo him any explanation?—"l said something, but ho did not seem satisfied." . Constable M'Kolvey, who was on duty in the vicinity at tho time, then gave evidence. Ho said that ho saw a launch putting a couple of mon off on the reclaimed land behind To Aro Station. . Tho strikers mado a rush for the men, and seeing that there was going to be trouble witness followed. Thomas took hold of Boycs, juid was pushing him backwards to the sea. When they saw witness intervening a , couple of other strikers pulled Thomas ofF Boyes. Gonstablo M'lntosh arrived, and they escorted Boycs and Hutchinson to a tramcar. Tho mob followed howling, Thomas among them. Mr. Dickson: Did yon arrest this man there and then? . Constable M'Kelvoy: I took hi 3 name and address. I did not arrest him then. I would have gono over the side too if I had donothat. Picket's Idea of his Powers. . Thomas, in evidence, said that he was on- duty as a pioket at the place where Boyes ,and Hutchison landed. He" asbod them w!hat they had been doing, and Boyes started shivering*. WitBoss -put his hand on Boyes's shoulder. Inspector Hendrey: .Why did you put your hand on his snouldor? Thomas: I just wanted to know where Iho was working. . • 1 " _ But why did you put your hand on him?—"He tried to get away from me." And is that your idea of things, that you have a right to stick up citizens Irind hold them until they tell you whoro they have been working ?t-"Well, I was a picket." . .. Thomas' was sentenced to six weeks' imprisonment.

STREET INSULT, DOCTOR'S PURSUIT & CAPTURE.' The charge of having used insulting .words; ("There goes ono of tho paraBites") with intent to provoke a breach of tho peace was made against Charles Ernest Lang. The . occurrence- was on (Wellington Terrace on November 4. Superintendent Ellison said that the words wero directed at Dr. Cahill, who was driving by in a motor-car. Dr.,.Caliill pursued and caught Lang, and had the superintendent not boon there would Qiave punished tho / man himself, and a breach of the peace would have occurred. Lang was a waterside worker.. Lang said that when he found lie had used the words to a doctor ho apologised. He did not think Dr. Cahill would have taken these proceedings. Ho (defendant) was excited at the time. Superintendent Ellison said that Dr. Cahill did not take t'ho proceedings; he ,(tho superintendent) took them. Lang was fined £3, in default two week's imprisonment. . I

OTHER PROCEEDINGS. . RE-HEARING APPLIED FOR. Mr. J. P. .WV Dickson appljed. for the relft'aring' of the' cii'ses : of who on November 14 was convicted of [having used,insulting words to special .constable's and of assaulting a special constable. Mr. Dickson stated, .that it was, intehded'thdt' Finch should have'tho assistance of counsel for tho cases, but the message reached him (Mr. Dickson) too late. Since the hearing new evidence had been discovered. Mr. Macassey, representing . the Crown, stated that he did not actively opposo '-the application, but left it entirely to the Magistrate. / The Magistrate will givo his decision on Monday morning. Alleged Offensive Language. "William George Renouf was remanded till Monday on a charge of his having used insulting language (including the word "scab") in Taranaki Street, with the intention of provoking a breach of the peace. ' Bail (£10) was allowed ' ' Bail of £200. Tho Fcatherston Street riot was mentioned when George Edward Draper appeared charged with having .taken part 'in a riot on November 5. Chief-Detective Broberg applied for a remand. He mentioned that the allegation against Draper was that he wheeled a load of bricks so that rioters could throw thein at the specials. Mr. F. Holdsworth appeared for the accused, and asked for a remand, which was granted till November 26. Mr. Holdsworth : Will Your Worship fix bail? " . Tho Magistrate: Yes; bail £200. Insulted a Driver. William James Reeves, who on Thursday pleaded not guilty to a charge of ' having used the epithet "scab" in Martin Street on Wednesday evening, withdrew his denial of the accusation, and entorod an admission. .Inspector Hendrey said that the language was directed at tho-driver of a cart. Mr. Dickson, who appeared for Reevos, said that his client was a married man, with a farbily, who had previously born a good character. Reeves was fined £3, and allowed a week in which to pay. -