THE COURT PARADE.

Dominion, Volume 7, Issue 1923, 4 December 1913, Page 9

THE COURT PARADE.

GLASS FLUNG AT SPECIAL.

IN BARRETTS HOTEL

WOLFE COMMITTED FOR TRIAL

Ino affray which took place in Hie, lounge bar of Barrett's Hotel on /the aiternoon of November 17, when a special constable, was severely injured formed tiio subject of 11 strike case which came before tlie Magistrate yesterday. A waterside worker named J-iax Wolfe was charged with having assaulted n special constable named Joseph Kilcolly, so as to cause Jiim actual bodily harm, and also with having made use of obscene hmguage and tho word "scab." Accused was defended by Mr. J. F. W. Dickson, and Inspector Heudrey conducted tiio prosecution. Dr. Henry gave evidence as to attending tho special constable who had sustained a lacerated wound about 2} inches long on tho chin and lower cheek, and an abrasion on tho upper part of the cheek.

To Mr. Dickson: The. wound was ser< ions, though not dangerously so. -

The scens In the Bar. Joseph Kilcolly, special constable, stated that on tlie date mentioned in the charge, ho was a' witness In a easo heard in the Magistrate's. Court, While proceeding home he and another special constable went to Barrett's Hotel. In the bar wore a man named "Santim?," a li'iend of his, named Alien, and tho accused Max Wolfe. Accused had ii long glass 111 his hand and Allen made some remark about standing alongside "scabs." Witness and his companion were m the act of leaving the bar when accused ejaculated: "Take that you ;-:cabs" and the next thing that witness knew was that he. was struck hv a glass, which hit him in the face", iiitheting tiie injuries described bv Dr. lleni'v. .--■■' -..

I'o Mr. Dickson: Ho could not-posr lively swear that accused threwtin glass or that it; was ho who liW't-lii words "laUp that you .seal)!" .lames M'Dormott, who had been Kik'olly's companion in the hoM. <niv C similar evidence. Ho described ''"the situation of tho men in. the bar,". and also .testified as to having seen Wolff throw the glass.' _ To Mr. Dickson: It was true" that no did not actually see the glass thrown, hut it camo from Wolfe's direction, and lie also noticed Wolfe's arm "oiiip down. °' ■ *' Licensee Sedures Accused;; ;.,,. -Mary Scott, barmaid at Barrett's Hotel, stated thai she. served Kilcoilv and M'Dcrmatfc with drinks, and; 'jus! previously, she laid served 'Wolfe. Wollo was a little way away from the others, and alter serving them she wa? called to the other end of iho bar. At the time of tho occurrence her hack happened to ho turned. Tho first 'thing that she heard was the crash of glass" iind sho ran out of tho bar for.,.the licensee. Air. Dalton arrived oir'thc scene, struggled with tho accused," ant put him down. Sho was certain thai it was not tho man called "Sandow' 1 who threw tho glass. ■■■•'■ David Dalton, licensee of Barrett's Hotel, testified as to having gone- ink tho lounge, bar in consequence' of a complaint, and having had 'UftHiscd pointed out to him "by tho witness iU'Dcrmott, who said: "That's.the.mnn that did it." Witness asked Wolfe tt leave the bar, hut he was unwilling tc do so, and raised iu's bands. 'I'iicroupon witness closed with him, put' bim on the floor, and secured him. Wolfe identified. . John Allen, a batman, said that when be went into tho bar at Barrett's Hotel on the day of the assault ihi) twe "special" men w'eve already, there. Witness was accompanied by! his In other, and he knew that Kilcolly.wa? struck by a glass. Inspector Hondrov: Did vou boo whe threw the glassy ' ''...".. Witness: Yes; it was tho accused. ' Continuing, in reply to tho Inspector, witness said that accused iviiido some remark before lie threw the glass, but 'Ik could not 'hoar what it was. To Air, Dickson: When accused threw tho glass he (witness) was looking at liini, and he (witness) had j«6t finished speaking to Kilcolly. Tho latter had just turned away when lie was struck. To A!r. Evans, S.ALi There was nothing to obstruct his view of tho accused. Ho saw tho occurrence quite plainly, Arrest anrf Escape. Detective Bailey said that when Wolfe was arrested on the charge of -assault he had admitted that ho was in liarrott'f Hotel nt the time, and iiau also said there was ;i "bit of a row there." Constable Thomas, of Lythekon, gave I'vi'.lenon as to visiting the bar after Ihe disturbance. Special Constable Al 'Dermott pointed out Wolfe to him as (lie nuiii who bad thrown the glass. Acmeed was then told that he was nndoi arrest. Ho denied iho offence, hut on being got out into tho adjoining iaut made use of most, obscene language in a lend voice. He was handed oyer to a polices Tonstabio in uniform Witness knew that, after being bunded over U: tho- constable, Wolfo had in some manner effected ills escape, Kenneth Cook Whisker, warder sft the I'ciTftcc. Gaol, staled that lie was in flu I'icinity when Wolfe- was aireslcd, and jc. heard hini msk4 use, qf the, jajiguagc

ooin.jj]ainfld of. diaries Jsd,var<l Harrington, nnolnor warder in the Terrace Gaol, gave corroborative evidence. Accused pleaded not guilty, and was committed to the Supremo Court lei trial on both diargcs. Bail was allowed, accused in £109. and ono in a siuula; sum or two of £o0 <?aclt.

Seflwel to tho Case—Allen ArraigitEd.

. As a further scrmel to the aft ray in the bar Urn young man John Allen, who had a few' m inn ton previously Riven evidence i'or tin* prosecution in t;ia case against 'Max Wolfe, was placed m the dork. He was charged with having, white in the bar, made use <>i laiimiage with intent to provoke _ a breach'of the pence. Accused, who was defended by Sir. V. \V. Jackson, pleaded not guilty. Special. Constable M'Dermolt stated that .white he and Spoeial Constable Ki'leolly were in tlio har lie hoard Allen say: "I wouldn't drink with scabs." When Wolff was being put out of the bar, Allen nailed out, "(!ot to the —-."

To, Mr.; Jackson: It was trw that Allen did not mso the words loudly or aggressively. He might have said, wlieu they wow taking Wolfe out of (:1m bar, "{Jet to him" (meaning Wolfe). Witness might haw been mistaken as to what Alien meant by the words ho used. The 'words were used conversationally.

■Special Constable Kileotly was next called, but there was Jki appearance of the witness. Inspector Ilcndroy saiili that Kilcolly had lost a lot of Mood owing to his injuries, and was far from well, Trohahly lie hail gone home, but ho (the Inspector) did not propose to ask for any further adjournment, of the case.

■ On behalf of tlie accused, Mr. Jackson's main contention was tint tbo words. "T wouldn't drink with tlio scabs," were made use of in a conversational manner) and by no means "addressed to the special constables or to anyone else itt particular. His Worship sr,id that the evidence was not sufficient to sustain a coiivirlion, and tlio itiioimotion would be dismissed, SHOUTER IN SQUARE. OLD AHMY MAN 'IN THOUBLE. The disturbance in l'ost Office Square ou November 19 lust was responsible for tiiO appearance m the Magistrate's Court yesterday of Thomas Aoland, a waterside worker at present out on strike, and whom, on the previous day, had been committed for trial on charges of taking part in a riot on Wateriou Quay and using obsccnb language. Tlio charge preferred against him yesterday, was that on November 10 ho was guilty of threatening behaviour whereby a breach of the pence was occasioned. Accused, who was defended by Mr. J. F> W. Dickson, pleaded not guilty. Sergeant M'Glone, of liuncuin, gave evidence.to the effect that accused kid boon very prominent in the disturbanco which occurred when the special constables tried te keep back a surging! crowd. Accused called out to the crowd, "Don't move for tbo scabs; get to them." After accused had called out, the crowd rushed the special constables. One special had his baton snatched out of his hand, and then a riot task place. As a result of the disturbance, one of tlio special men had had his leg hrokoi awing to his horse, falling with him.

"Ono of tha Worst." Cosishiblo Board, of Sydenham, do Ecribod the accused as "one of the worst in tho crowd on that occasion.' 1 Ho had behaved in a very hostile manner. Accuser], however, was not the man who took tho baton from a special constable. According to Detective-Sergeant Cassells, accused, when charged with the present oii'c-nce, said: "'flint's wrong/' On behalf of the accused Mr. Dickson said that it was admitted that accused was in tho Square, but lie took no part in tho riot. "Apparently," cmitimied counsel, "to bo a, striker nowadays is to bo one of the damned, and the more fact that a. man is a striker is taken sip rouclusivo evidence nji.iinst him."

I tiivi"iip; evidence, (.ho accused said that ho was in the Square on November 11), hot said jwUiiiiK. The constables had made a mistake, as when the specials charged the crowd he went away. Jlo had served in the British Army, obtaining his discharge- three years age, sud hftil" only once previously been before the Court, on ft charge-of drunkenness. The Magistrate said be saw ho reason to doubt, I!k> evidence of the police, who wore positivo in their identification. Strike Leadc)'3«-"T!ißy TaJ:o Good G.aro of Themselves." Inspector licndrey pointed out that if ■His "Worship intended to convict I« vvouicl'liko leave to withdraw a mora .serious charge against the accused, that of taking part in a riot, tho cirenmstances and evidence being exactly tin : same. He would ask, however, thai ilio accused be required to find sureties' to keep the peace. Mr, Dickson said that accused had had iwfrie'iids in Wellington. Inspector Hendroy: Probably 'his loaders, who got hini into the trouble, will get him out of it. Mr. Dickson: Well, I don't know that, sir..Inspector Hr'n'dfey: '.They take good 'efi'ro to Rot themselves out of it. •' Mr. Dickson: Tlioyget run in, too. His Worship imposed ft fine of £3, in default two months' imprisonment, and in addition bo was ordered to find sureties to keep the peaco for -sis months. Accused was required to eu tor into a bond of £50, and to find ons surety in a sum of £10. OTHER PROCEEDINGS. THE RELEASE OF PETER ERASER,, ■ Security to the. satisfaction of the authorities having been found, the man I'eter Eraser was released from gaol yesterday afternoon. The matter was mentioned before Atrl J. S. Evans,*S.M., yesterday al'lonionu, and, having ascertsined that tho Crown Prosecutor had approved the security oll'eriiig, Hi;Worship dispensed with examination, and issued t-Uc formal order required. Foatlicrston Street Riot. A young man named Arthur IJodkiu* son was brought before Mr. J. S. Evans, iS.M.., yesterday, charged ivitli having taken part in a riot iii Ecatherston Street,'and with throwing road metal at special eons-tables. On tho application of Mr. H. E. O'Leary, tho .accused was remanded until Wednesday of nestweek, bail being allowed, accused iu £80 and two sureties in £40 each. It is now stated definitely that Mr. W. T. Young has decided to accept nomination as deputy-representative of tiio employees on the Court of Arbitration.