THE COURT & THE RIOTS.

Dominion, Volume 7, Issue 1922, 3 December 1913, Page 9

THE COURT & THE RIOTS.

SCENES ON S.S. DEFENDER.

A SERIES OF CHARGES.

OFFENDER SENT TO PRISON. 'An echo of tho disturbance in tho vicinity of tho s.s. Defender in the earlier days of tho strike was heard in tho Magistrate's Court.yesterday morning, before Mr. W. G. Riddell, S.M. A powerfully-built man named Albert Anderson was charged with having on October 24 taken part in a riot on Queen's Wharf, and on tho same occasion having assaulted ono Arthur Hardy lurching. Mr. P.' J. O'Regan appeared for tho accused, who pleaded not guilty. .The prosecution was conducted by Inspector Hendry. Wharf Gate's Rushed. Harry Evans, tolls clerk, in tho employ of tho Harbour Hoard, said that on October 24 tho gates of the wharf were ordered to bo closed owing to the strike. About 1 o'clock tho accused wont through tho gate, and, turning to the crowd outsido tho gates, called out: "Como down on to tho Defender." A number of men got through beforo the gates could bo closed, and in tho rush witness was knocked over. To Mr. O'Regan: When the accused approached tho gato it was just slightly ajar. Ho did not tell accused and the crowd that they woro forbidden to go on to tho wharf. "A Howling Mob." Arthur Hardy Kitching, shipping clerk, said that on the occasion in question lie was assisting in unloading tho Defender. About 1.15 p.m. ho was in tho F shed, when a howling mob of about 130 men rushed in. His truck was knocked out of his hand, and ho was pushed over it from behind. Several men begaii to punch him, and accused struck him several blows on the face. As tho result of interference by tho wharfinger (Mr. Miinro) ho was able to got away, from his .assailants, but was ill for.some time as the result of the injuries he received. To Mr. O'Regan: He did not have a wool hook in! his hand with which ho threatened accused beforo the latter pushed him over. Henry George Claridgc, wharfinger, in tho employ of tho Ea:?jom< Board, gave similar evidence, ■ describing how a mob of men rushed into tho shed and hustled tho previous witness. Accused was amongst thoso who hustled Kitching, who got up on a stack of potatoes. Tho strike pickets then got up en the stack and_ told tho crowd that they wanted no violence done, and asked them to go out of tho shod. After this there was no moro work on the Defender that day. To Mr. O'Regan': Ho did-not see tho accused strike Kitching. and the latter had nothing in his hand. Tho peacemaker. Archibald Munro, chief wharfinger, said that on tho morning of the October 24, he bad had a great deal of trouble with the crowd who had mado frequent • attempts to got on tho wharf. His instructions wcro to close all tho gates except one, and that admittance should bo refused except to thoso with actual business on tho wharf. Tho strikers all knew that this had been done. About 1 o'clock ho saw a crowd surge at the gates, which flow open, and the tolls''Oloilf'Was"knocked'down. Ho followed tho men to tho F Shed, and saw Kitching struck by .tlio accused; several other men were hustling-Kitch-ing. Witness helped the latter up on to tho potato staclc; stood in front of him, and attempted to calm the crowd. After tho shod had been cleared, on witness's promise to the strikers that work would cease, Kitching and the other clerks, who had been working on the Defender, were escorted back to tho office of Messrs. Bannatyno aiid Co.

To Mr. O'llegan: He conveyed the information of "no admittance" to tbo wharf to' the strikers, through the pickets, several times. Tho order to close tho gates, given on October 24, was only a repetition of similar orders given previously. Willia.m-Ward, representative on tho wharf of the South Taranaki Shipping Co., was in tho F Shed when tho crowd rushed, in, said that accused "touched'' Kitching, who leaned against a stack of potatoes, and then accused "bashed" him in tho face.

Sergeant Henry was on the scene in timo to see two men holding tho accused, who was very excited. Accused told witness that ho had struck Kitching beeauso the latter had first struck him (accused). Detective-Sergeant Cassells said that when accused was arrested ho made no reply to tho charge. Accused pleaded not guilty to the charge of taking part in a riot, and was committed to the Supremo Court for trial. One Month's Imprisonment. A pica of guilty was entered in connection with tho charge of assault, and Mr. O'Regan said that accused was a Scandinavian, a young man, with nothing against him previously. At this stage a list of convictions against tho accused was handed in by tho police, Mr. O'Regan stating that ho was quite, unaware of them. . In sentencing the accused to ono month's imprisonment with hard labour, the' magistrate remarked that force in settling these matters is entirely useless ; some other way must he found of settling t'hem. In addition to his sentence accused was ordered to find two sureties of. £25 each or one of £50 that he would keep the peaco for six months. Further Charge—Assault on a "Special." A further charge was preferred igainst tho same accused, that he did take part in an unlawful assembly in Manners Street on November 18, and on the same occasion assaulted a special constable named Phillip Power. • Phillip Power gavo evidence as to having passed along Manners Street in company with a brother "special" on Novcnilicr 18. Accused stopped them, and questioned, them about tin* wharf and when they started to move on accused kicked him on vho feet, apparently to make, him lose his footing,, and also struck him. Tho crowd became abusive, nnd witness and his companion retreated quickly up Cuba Street. On the following' day he identified the arc-used outside the courthouse as the man who had assaulted him. At. this stago there was a slight delay in order to allow Mr. O'Regan to consult with, the accused i:i regard to a suggestion by Inspector lleudrv that if a plea of guilty were entered in regard to the charge of assault tho other charge with the permission of the Court would he withdrawn. Mr. O'Regan stated that his client denied any recollection of the assault nnd the hearing proceeded. Clinton Boysofi, another special con■d'.i.ble, gave evidence corroborating that :if the previous witness, in whose company lie was at the time of the assault. Ho positively identified the accused as Power's assailant, and also spoko of the threatening nature of the crowd and erics of: "Get at them!" which followed them towards Cuba Street.' Detective-Sergeant Cassells said that when arrested and confronted with Special 'Constable Power, accused denied having been in Manners Street on the previous evening, or ever having seen Power before. To the charge of having taken Dart

in an unlawful assembly accused pleaded not guilty and was committed to the Supremo Court for trial. . Accused Tells His Story. It was agreed that the evidence already taken should bo admitted in regard' to tho charge of assault. Giving evidence on his own behali tho accused emphatically denied that ho was in Manners Street on the afternoon of November 18. He said that ho lott Queen's Chambers at 3.40 p.m. on that day, and having visited tho Duke ol Edinburgh and Brunswick Hotels, arrived at his home (Ingestre Street) at ii.2o p.m., subsequently leaving again i at 6.20 p.m. to go on picket duty. In reply to Inspector Hcndroy accused was uiiablo to give tho names of any persons who might corroborate his statements. Ho admitted, however, under a close cross-examination, that he might havo been so drunk on that day that it really was that he could not remember beinr' in Manners Street. The Magistrate hold that tho weight of evidence was against tho accused who would bo fined £5, in default 21 days' imprisonment. ANOTHER CASE. MATTERS TO GO TO A JURY. Thomas Acland was next placed in the dock charged with having, on October 29, taken part in an unlawful assembly in Waterloo Quay, and with having, on tho same occasion, mado use of obscene language. Inspector Hendrey prosecuted, and accused who was defended by Mr. J. F. W. Dickson, elected to bo tried by jury on the chargo in respect of which ho had the option —that of using obscene language. Stephen Thomas Hunt, a special constable from tho Manawatu district, gave evidenco of having arrived in Wellington, on October 29, in company with others. Proceeding in company with sonio regular constables from Waterloo Quay .to Lambton Quay they mot a large crowd of men, who advanced towards: thorn calling out, "Hero como tho —— 'scabs.'" Stone.3 were thrown by tho crowd, but did not do nttch damage. Tho crowd followed the "specials ' to Lambton Quay, and, although ho could not swear that accused was there, ho was very like a man who was prominent in the crowd. . , Constable M'Cardlc, of Stratford, identified tho accused as the man who had taken a leading part in the disturbance, and who had shouted out to the '"specials," using some very bad language. A state of riot existed, and several constables were struck by stones. Constable M'Mnllen, ;of . Waiiganm, gavo similar evidence, stating that accused, in addition to using filthy language, incited the crowd to "lot them have it, boys," ho himself, carrying a stick five.or six feet long. Evidenco in support of the previous witnesses' statements was given by Constable Izard, of Timaru. Detective-Sergeant Cassells testified to the arrest of tho accused, whom he described as a waterside worker at present on strike. Accused, who pleaded not guilty, was committed to the Supremo Court for trial. . • i i ■ t Further charges of. having taken part in a riot in Post Office Square on November 19, and of having been guilty ot threatening behaviour on tho samo occasion, were preferred against the accused. Inspector Hendrey intimated that tho latter chargo would not be proceeded with, and the hearing of the evidence in respect of the first chargo was deferred until this morning. SURETIES FOR BAILEY. FRASER STILL IN CUSTODY. At tlio Magistrate's Court yesterday afternoon, Mr. 'W; .G.-'Riddell, S.M., took ov'idehco in order to ascertain the financial status of four men agreeable to give tho required sureties that George Bailey and Peter Eraser would keep the peaco for twelve months, and thus secure their release from gaol. As a result of his investigations, the Magistrate accepted the following suretics for Bailey.:— John Frederick Turnbull, grocer, Adelaide Road. Robert Hogg, of Paparangi, subeditor of "Now Zealand Truth."

In regard to the proposed sureties for Fraser, the Magistrate accepted that of J. M'llwraith, grocer, Willis Street, but declined to accept tho other offering. FINCH'S CASE. TALK OT PETITION TO THE HOUSE. In connection with the case of Charles Finch, who was, on November 14, sent to gaol for a month for assaulting a special constable, and to whom a rehearing wa.s granted, judgment was given yesterday. Tho "case was originally heard by Mr. W. G. Riddel], S.M., and at his request tho rehearing was taken by Mr. J. S. Evans, S.M. Mr. Evans, after living heard the evidence _ta.kon at the first trial, and also additional evidence, decided that the sentoncq s imposcd by Mr. Riddel! should stand.

Mr. J. F. W. Dickson, who appeared for the -accused, said that his_ cliont, in the event of the conviction being sustained, had instructed him to petition Parliament on the matter. Counsel therefore asked that Mr. Evans, ■S.M., would allow his notes of tho rehearing to be used in the compilation of the petition. His Worship consented to Hie application.