HASSETT CHARGED.

Dominion, Volume 7, Issue 1915, 25 November 1913, Page 9

HASSETT CHARGED.

BENCH COMMITS MM FOR TRIAL.

CROWN WITNESS HOSTILE,

THE SCENE AT THOMPSON'S SHOP

Much interest was evinced In a strike case which camo before Mr. W. G. Riddell, S.M., yesterday. Olio feature of tho hearing was the attitudo taken up by at least one of the Crown witnesses. Tho enso was that in which Jamos Patrick Hassett appeared to answor throe charges:—(l) That oil November 3 he took part in a riot in Taranaki Street; (2) that on tho same date he attempted to murdor John CuHen, Commissioner of Police: (3) that on November 8 ho assaulted one Wm. Taplin. Mr. J. F. W. Dickson appeared for Hassott, and the first two oharges wore taken first. Mr. P.\S. Iv. Macassey, who appeared for the Crown, stated that a serious riot had taken place near the junctions of Bucklo. Street, Taranaki Streot, and Arthur Street at about 7 o'clock oil the night of November 3. At tho time of tho riot accused had beon seen standing under the verandah of Mrs. Thompson's shop, where ho was seen to firo a revolver- at Commissioner Cullen. When the hose was turned on tho crowd he was seen to retreat inside the shopi and again firo.

The Hostile Witness. The first witnoss was a thick-sot man named Andrew Ernest Kelly, a greaser by occupation. Kelly had previously mado the following written statement to tho police:— ' "At about 7.30 p.m. on the night of November 3 I was standing under tho verandah of Mrs. Thompson's shop, at tho corner of Taranaki Street and Arthur Street. A man named Hassett was standing alongside of mo. 1 saw him with a revolver in his hand. I saw him firo five shots. He presented tho revolver at Commissioner Cullon, who was standing close to SergeantMajor Thompson, who was using tho hose.' After Hassett had fired five shots from the footpath, .he went into tho doorway of Mrs. Thompson's shop, and fired another shot from there. I was in the shop also. Mrs. Thompson sawliTm fire the shot, and ordered him out. I think the revolver Hassett had was a six-chamborcd one. This statement is true, and mado of my own freewill. "(Signed) A. E. KELLY." Kelly did not stand to this statement during his examination in court. Questioned by Mr. Macassey, he admitted that ho had been standing near a man at tho corner of Taranaki and Arthur Streets on the Monday night on which tho riots occurred. Ihe time was between 7 o'clock and !) o'clock. Mr. Macassey i Was that man Hassett ? Witness: I don't know. I cannot swear whether accused was thero on the night in question or not. Mr. Macassey: Is that the man who is in the box now? —"I can't say. I am not sure. Ho may or may not bo." Mr. Macassey: Don't fence. Is that the man over thorc? —"I say that I am not sure." .. . . Mr. Macassey: I ask you, did you not tell tho police that it was Hassett who was beside you on the Monday night? After further questions, Mr. Macassey submitted that the witness was hostile. Hero Mr. Dickson made some remark. His Worship: You need not interrupt, Mr. Dickson.

Admonished to be Careful. Witness then continued his evidence. He stated that the weapon carried by the man beside him was only a little bit of a toy. He still maintained that ho did not know who the man was— it might have been Hassett, or Jones, or anybody. Mr. Macassey: What do you mean by a toy in his hand ? Witness: Just a. thing that makes sparks. Mr. Maeassoy: Realise what you are saying! Witness: I know that it was a toy pistol. Mr. Macassey: Did you not tell the police that he had a revolvor in his hand? —"I said that he had a toy pistol in his hand." Mr. Macassey: I want you to be careful. • Will you deny that you told the police that you saw him lire five shots P "He may have fireda dozen shots, but he only had a toy pistol." Mr. Maeassoy: Do you deny that you said it was. a revolver?—"l said a toy pistol. If counsel lots me into the mystery of what a revolver is I might tell him." Mr. Maeassoy: Did you toll tho police that you saw tho man present a revolver at Commissioner Cullen?—"l did not. I could not say whother he fired or not, as there were tbreo leads of hose on at the tirao." Witness wont on to say that the man who was standing near him fired two shotß with tho toy pistol when ho was in tho shop. Witness, however, persisted in denial with respect to certain portions of his written statement to tho police. Mr. Maeassoy eventually read over the previous statement, and Kelly admitted he had signed it, but vehemently asserted that it was never read over to him prior to signing.

The Shots from the Shop. Venotta Thompson, daughter of Mrs. Thompson, who kept tho stationer's shop near which tho crowd gathered, stated that on tho night in question 6ho was in tho shop.' The timo would bo about 7.15 p.m. Sho saw somo man in the shop firo three or four revolver shots. Ho was standing on tho footpath under tho verandah when he fired two of t'no shots, and ho was firing at ono of tho men with tho hoso. A man then turned tho lioso on tho shop and tho man with tho revolver fired another shot. Witness thought that the man with tho rovolvor and another man camo into tho shop just after a shot had been fired. Another shot was then fired from tlio door. When this man was in tho shop .ho reloaded his revolver and it accidentally went off and hit a boy in tlio eye. When witness's mother beard tho shot sho got tho men in tho shop into tho back yard out of tho way of the water. ' When tho firing took place thero were only two men in tho shop. In reply to questions witness stated that Hassett was not tho man who had the revolver.

Mr. Mncasscy: Why do you now vary your statement made to tho polico when jtm said "to the host of my belief Ilassett is tho man who 1 saw firing the shots" ? Witness: No, lie was not that man. To further questions by Mr. Macassey witnOsS3 replied she could not tell whether tho man with tho rovo'ver had a moustache, or not. Slio thought that tho man with the revolver had a very small moustache. Cross-examined by Mr. Dickson, witness stated that accused was not among tho twenty peoplo who. had come into the shop. Mr. Dickson: Do you know anything about pistols? Witness: No. i Mr. -Dickson: For all you know, it

might have b<Jon a toy pistol. Witness (with a laugh): Y° 3 - "Cot a Clout on the Head." Philip Do Squsa, carrier, stated that he knew Hassett by sight. Accused hud had a moustache when no last saw him. Witness was in laranaki Street a little after 9 p.m. on the. night of tho trouble, and saw mounted men riding up and down the road keeping it clear. The crowd wero then endeavouring to annoy tho special men. Witness was not present while the firing was going on, but ho saw accused about fivo yards from Mrs. Thompson s shop. Ho (Hassett) seemed to bo a bit merry." Witness was standing near Hassett and lie got a clout on tho head from liim. To Mr. Dickson: Ho was certain that accused was tho man who had hit him and also that lie had a small nioustacho that cvcniiiE. Hassett hero asked whother it was not a fact that witness had beon making nso of filthy languago before he liad received tho blow on tho head, Witijcss denied this. The Commissioner's Evidence. John Cullen, Commissioner of Police, stated that, on tho night in question, ho had seen crowds gather near Buckle Street. Damage was being- dono to police vehicles passing to' and fro, while tho horses wero being struck. Tho special men wero tokl to keop the crowd back, but instead of going back they throw sand and stones at tho mon. Thoro was a denso crowd near Mrs. Thompson's shop, and ho heard half-a-dozen shotß fired from this quarter. Ho (witness) was standing near SergeiMajor Thompson for some time, and somo missile hit Thompson. Witness did not think that it was a bullet, but ho heard bullets whistle over his own head wliilo ho wtis standing in two different positions. On both occasions tho shots camo from Thompson's corner. Besides this shots wero being fired. from other points. The trouble was such as warranted tho spccial men being called out to clear the streets. He (witness) did not know accuscd.

"Where's Cullen?" To Mr. Dickson: A dozon shots wore fired altogether. Two men were firing in Parland's corner, but thcso_ shots were not directed l at him. While the firing was in progress the cry "Whero's Cullen?" was heard several times. "IT You Tell the Police " Alice Earp, typist, was tho next witness. Sho stated that on tho night of tho riot sho had come down Arthur Street. She saw a crowd collected at tho corner, and becamo awaro that trouble was in progress. She took refuge iii Mrs. Thomson's shop, and noticed two men inside. Ono was a dark, short, thick-set man, and tho other was short, and had a small moustache. Tho witness Kelly was tho first man, whilo sho would not bo sure as to whether accused was the other man. The door of tho shop was locked when _ tho hoses wore turned on. The lady of tho houso asked them to go to the back and put. out the light. She saw tho mail with tho moustache with a revolver, which went off accidentally and hit ji boy. Someono bound the hoy's hand up. The man. with tho revolver threatened the boy and, said: "If you tell the police " but sho did not hear tho rest. Tho light had been put out, and witness said that she did not want to stay any longer, and they let her out by tho .back door. The dark man opened the door and called out something to the spccial men. Tlie liosg was then turned on the door, and it was closed, again. Witness did not know who the boy who. was shot was. To Mr. Macassey: Accused was vory liko tho man .vhom sho had noticed with the revolver. David Taylor, sergeant in tho Royal New Zealand Artillery, was then called. Ho stated that ho was standing bdhind the lino of sentries looking on. A crowd was creating a disorder, and stones, bottles, and bolts were being thrown at the special men. No revolver shots wore fired while he was present. Ho was up the hill while tho firing was in progress. Witness, however, had Been--Hassett under the verandah near Thompson's shon; tho man was thoro all tho time that witness was there— aboiit ten minutes. Tho crowd under Thompson's verandah were behaving worse than tlio others, and that was why the hose had been turned on thorn. James Aloxander Bissett, constable, stated that shortly after 7 p.m. ho was in Taranaki Street, the Royal Tiger Hotel. After the charge of the special men ho wont towards Buckle Street, and saw accused about 60 yards from Thompson's shop. Accused was not making any disturbance then.

Hit By a Bullet. Frank Symonds, captain R.N.Z.A., who was at tho sceno of the troublo between seven and eight o'clock on Monday evening, stated that he heard several shots fired. These shots camo from tho verandah under Thompson's shop. Witness produced a rovolvor bullet, which had struck him, but had not penotrated tho skin. In answer to Mr. Dickson, witness stated that the bullet had struck him fairly, and had not grazed him. Tho bullot, ho thought, might have been fired by a 22-calibro revolver. Witness was about thirty yards from where the shots wero bciug fired. Charles Body, gunner, R.N.Zi.A., stated that ho was in proximity to tho riot. Stones and pieces of iron were boing thrown, whilo shots wero being fired, and witness had been hit on tho leg with a bullet. Detective Gassolls Galled. Detective-Sergeant • Cassells stated that ho was in liucklo Street on the Monday shortly after tho charge waß inado by tho mountod men. In company with Dotectivo Mason, witness interviewed accused in Martin Street on Novomber 8. He (tho detective) took him into his houso, and charged him with taking part in tfyo riot in Tarannki Street. Accused said. "Wore you thoroP" and witness replied, "I was." The man then remarked: "I did not seo you." Witness bad afterwards taken him to tho Mount Cook Polico Station, and charged him with shooting at John Cullen. , Witness had then said: "I don't know him ; I wasn't there." Subsequently, however, accused admitted that he was present on tho night in question, and that ho had chased a carrier, and given him a hlow. For the purpose of identification, witness had placed accused among fivo others, and Miss Thompson had told him that to tho best of tier belief, Hassott was tho man who used tho revolver. Tho identification had been mado from a window above a yard. The five men wero below, as Miss Thompson was' frightened to go into the back yard. When arrested, acoused had had it fair moustache, and ho had only been clean shaved sinco ho appeared in Court. Tho shaving had made a wonderful difference to "his appearance. As to tho witness Kelly, he had mado his statement to witness, and witness had asked him if ho would road it over to him, but Kelly had thought this unnecessary. "It's all true, you need not read it over," ho said. Witness had then asked accused to read it ovor himself, but acoused declined to do so, saying that it was all right. Dotectivo Mason corroborated tlio ovidoneo of Sorgoant-Detcctive Cassells. At tho conclusion of tho evidence, Mr Dickson, speaking on behalf of accused, stated that tho deienco would bo rose>rvcd on cach charge. 1 leas ol not guilty wore entered. Accused was then committed to the, Suprome Court for trial. Rail was allowed in £200, with two sureties of £100 and olio of £200. Hassett Convicted on Third Charge, Accuscd- was then charged with as-ia-ultinn a ppcclal constable*

Detcctive-Sergeant- Casseits stated that wliilo they wore taking accused up Bucklo Street about 9.15 on . the, night om November 8, ho had committed tho act described in tho charge. '.I'li-ere wero only two or three special mo u about at-t-lio time, and' accused was walking between witness and another detective. When they neared the first sweial constable, accused e.xclaimcd: "Let me havo a craok at the -—~ I They are taking tho bread' and buttor tout of my wifo's and children's mouths." They had holdi' him back, however. Further up tho street accused had), however, broken away, and ni'shod at another special constoblo calling out: "'Scab and and had struck liim. Dotcctiv© Mason gave icorroborativ© evidence. ■ Accused a evidence was ix> tho oliocv that, as ho was being taken along, by tho two detectives, a spc-cial oonatablo had put his baton in front of him. "That irritated me," continued accused', "and I made up my mind, tfhat if I «i-w one wirtliout his baton I would let mm havo it. I mado a dash at o-no, bu.t, though I "had! the intention, I did not striko him. Detective Mason pulled me back, and! said: 'I .thought that Was your littlo game.' After this ( con : timied accused) tho nest thing that i got was a smash across the jaw. When I got to tho station I, reported the matter, but I havo Jieaiid nothing ii-wro ° f "The cvidmice is against defendant," stated His Worship. "You will be :tnied £5, in default ono month s imprisonment." ,