STRIKE STEERERS IN COURT.

Dominion, Volume 7, Issue 1925, 6 December 1913, Page 6

STRIKE STEERERS IN COURT.

THE BOND FOR SEMPLE. YOUNG TO STAND HIS TRIAL. SURPRISE FOR BARKER. CROWN APPEAL RE HOLLAND,

Four of the strike leaders appeared again in the Magistrate's Court yesterday. These were William Thomas Young, president of the Now Zealand Federation of Labour and Wellington secretary of the Seamen's Union; Henry Edmund Holland, editor of tho "Maorilaml Worker"; Robert Semple, organiser of tlio Federation ot Labour; and Thomas llarker, formerly a New Zealand agent of the society known as tlio I.W.W. Young and Holland were committed to the Supreme Court for trial on charges of having used seditious words. Semple was ordered to enter into a bond of £500, and find tiro sureties of £500 each, that ho would keep tho peace for twelve months, and a new clinrge was preferred against him—a charge of seditious words spoken in Auckland. On this charge ho was remanded to appear iii Auckland on December 12. Barker agreed to bo bound-over to keep the peace, and' was required to enter into a bond for £500 and find two £500 sureties. Tho amounts fixed by the Magistrate in Barker's caso (tho first dealt with) came as a surprise to his counsel, who asked for a reduction of the figuro. This request was not acceded to. Messrs. T. M. Wilford and 11.I 1 . J. O'Rcgan renrescnted tho accused, including Holland, who on previous occasions had appcar-

Mr. Wilford, noted ihe la tier's objection to it. Air. Wilford subsequently objected to the admission of other evidence given as to the state ot allairs before and after the speech. Sergt, J1 'Glow gave evidence as to tho not ret tho Tost .and Telegraph Stores, Waterloo Quay, on October 30. He said that a mob of about one thousand bad rushed along from Post Office Square, and broke down about half a r Kit in of the fence round the yard in* which special constables and their horses wore stationed. Many of the mob were armed with stones and pieces of wood, and he saw four men with revolver?. Before the crowd got to the horses the special men mounted and galloped away iu a shower of missiles. Vile epithets were called out after tlicm. Several police wore injured iu ihe affair. Constable Murray stated that there was a considerable disturbance at Messrs. AVhitomnbe and Tombs's promises in Lambtou Quay on October 30. On that occasion a mob chased a special constable into Messrs. Whitcombe and Tombs's shop. There were cries of "Lynch him " "Witness and two others had to face the mob and light with their batons. "U i baton broke, and lie wn,s afterwards hit on tho head, rendered miconscious, and sent, to the hospital. Captain Symon, of tho Royal Artillery, gave evidence as to the Buckle Street riot on November . 3. This concluded the evidence for tho prosecution. Triple-headed Dcfcnc-c. Mr. Wilford said that- there were three defences to ihe charge:—(l) That the magistrate had improperly admitted evidence as to events which occurred before the utterance of the words charged against the accused; (2) That accused had committed no offence for which sureties could be claimed under the Justice of the I'caco Act; (3) That accused did not submit to tlio jurisdiction of .the Court to hoar "such an information as tho present one, and contended that the magistrate had i!o jurisdiction to adjudicate upon a charge so framed.'

3ir. Ostler: Ho is a lender in tile organisation known as the lt«U.Mild laughter, .Hid a rail for silence. Jlr, Ostler (smilingly continuing): A leader in the Federation <A Labour, .vonr Worship. The mngistr ito said that &>inple would be required to Oilier iinr> :i bomi of £50!), and find two sureties of £5(10 each, to keep the peace for twelve months. The charge of inciting against Scmpie was then withdrawn, Fresli Cliarea Against Sample. A fresh charge was brought against Semple. This was that ho littered seditious words by making 'he following spcech in Auckland on October 81): "I have word through from Wellington tfiat tlioy used those batons on the workers there to-night, and they discovered that the workers could Jiit as hard as 1 ho.v could. Hut ibo workers got the best of it in Wellington, to-night. That showed Ihe,v could club, when they were clubbed. And wo can do the same if thoy use violence, We also will club them (is they club us. Wo do not want to do this —God forbid. The prison walls can settle no dispute for lis. Tho only way to settle these industrial problems is by calm, cool reasoning and judgment. We will try as best we can to avoid bloodshed: settlo our difficulty without spilling cue drop of blood. Bloodshed wins no argument. They might want all their resorvo of strength. Hat I say to you t hat wo are not going to accept violence, and every worker should have something more in his possession than his naked fists, so that he can hand hack as good as ho gets I from something more than naked I lists. If it is lawful to issue 1100 ' batons wherewith to attack tho ' workers, it is equally lawful for tho , workers to lmvo batons to protect i themselves. These people havo batons to club you, and 1 ask you, for the defence of your characters, of your manhoijd, of your wives and families, to bo Toad.v to club them hack agniii." .

Ed without counsel, and urged in support of his plea for hail that the refusal of it prevented him from organising his defence. Mr. 11. H. Ostler represented the

Mr. Wilford wont on to state that tho words charged against tho accused did not. disclose any offence .under ihe section of tho Act invoke;!. Tile section stated that an offence was committed where a person incited others to take part in a riot or commit any other breach of the peace. AH that could possibly bo said against Scrapie's specch was" that his words were a threat to shoot Commissioner Ciilieii. "I (isn't contend that it means that," added ■counsel parenthetically. Had the prosecution proved that Scrapie had said anything "that would incite any other person? Had the prosecution proved that Semple had said that any other person had io do anything ? At most it was a declaration that Semple might do something. In further protesting against the admission -of tho evidence as io circumstances, Mr. Wiiford asked how it, could bo said that- because sonic men fought several days before Scrapie spoke, Semplo had incited those people? Ths Crown's RS;ilv.

Chief-Detective Broberg said that the warrant for this charge had just been issued. « On the application of the Chief-De-tective, Semplo was remanded to appear in Auckland on Decc-mbor 12. Bail was fixed at £150, with two sureties; of £100 cacli. BARKER CALLED. AND UNPLEASANTLY* SURPRISED. Sureties of the peaco were applied for against Thomas Darker, in consequence of his haying-spoken tisc following words in the presence of a large number of waterside workers in \YelJiifjtou on October 29:— "Von should husband your resources and copo ill such a way with the situation as to make Wol-« a second .Johannesburg. You do not know tho moment when such a situuiion may arise?. The strike will probably atfcct not. ■Wellington only, but tho whole of the Dominion. The employers of New Zealand arc not mora civilised thaii those of other countries; whilst they own the workers' bread they deny "the workers' right So work for it. When trouble arises they will not hesitate to give them a IV'ed of lead. Every ccunomic: . question is Rett led by force, it is a question which'.side can exorcise the- most force." "Have you any cause to show whv you should not bo bound over to keen the peace," Harker was asked. "I consent to bo so bound," he answered cheerily.

SEMPLE BOUND; £1500 GUARANTEE REQUIRED. Application was made that Robert Semplo should bo required to find sureties of tho peace, because ha had used tlio following words in a speech in Post Ollico Square on November 1 "Sinco I havo arrived iu Wellington I have received a wiro to say t'iiat Superintendent Mitchell has been withdrawn from tho charge at Auckland. Cullen and llerdman arc; responsible for this. Cullen is sheltering in an office, and will not be seen leading the men. I Jiopo that there will be no shooting, but if any is done, and Cullen will .como out, 1 undertako to shoot him first."

Mr. Ostler remarked' that. (ho.words were used before a- crowd of about 1500 P TSl%vkte for the Crown was proceeded with without any preliminary.address to the Court being made. Dotcetive-Sergcant- M'llvenoy deposed that he arrested Scrapie on November 11. When arrested Semple .said : "1 have no grudge against you men. I know you have io'do your dmy." On the way to ihe, police station Semple said, that ho had no recollection of having used the words which wqnld incite people. Detectives Andrews and Hawk- stated in evidence that they had heard Semple use tlio words mentioned in the charge. Relevant of EaifMrise. Arthur Hardy Kitching, shipping clerk, who was working on the wharves on October 25 beeatise wharf-labourers wero not available, stated that, on that date, ho was interfered with and knocked about by a howling mob of about 130 men, aiid that eventually he and others had to cease work. Mr. Wilford objected to this evidence, contending that the Magistrate had no power to receive any evidence except that which related to iho words respecting which the sureties were sought. Mr. Ostler replied that it was always relevant to give evidence qf tho circumstances surrounding thy case. "One had to show whether words were meant to be, or likely to be, taken seriously. They had to consider what had taken place before the speech and tlio temper of the crowd at the time. Tho Magistrate held that the evidence was rolnvant. but. at the request ol

Mr. Ostler, replying, said that it was sufficient for the purposes of the charge if Scrapie had merely attorn pted to incite, without actually inciting. Counsel submitted thai, the words were an incitement, and that it was relevant io provo the industrial .crisis which had taken place, tliat there had been dangerous riots in Die city, that there was a moil congregating in the s'ost Oiiice Square, which had been rendered dangerous by incitement from strike leaders, and'some members of which wero armed, in the circumstances, inflammatory words such as Semple iiad used could only hni'fl one ell'ect. lie relied on the ease of liegina v. Most, in which the Court laid down that one must look at ihe probable effect of the wards on the hearers. If Scrapie's words were looked at in the light of the circumstances they could only be regarded as an attempt- io incite tlio mob, some ol whom were armed with revolvers. Manistrate sums up. The magistrate summed up very briefly, lie. dealt with ihe triple defence'. Firstlv, as io the admissibility of Ihe evidence objected to. lie had alreadv given his decision on that point by admitting the evidence, and further uhioctimi to it could be taken in the lli'dier Court. Secondly, ho thought that the Justice of the S'oaeo Act gave •>ii»ile power for the matter to Iki dealtwith, and finally he considered that an offence had been commit led, and proposed io convict Remple "Have you auvdmi;-: to say.- te.e magistrate asked the defence. Mr. Wilford: 1 propose to give notice 'I'll! magistrate: What is the defendant, if

"Ons of the Most Danssrous Speeches." Mr. Ostler dest-rilied Uaikcr's speech as one uf tho most dangerous delivered during the present industrial trouble, aiul probably one of the most dangerous over delivered in the cunntry. At that time the frightful seines of Johannesburg were fresh in the minds of Barker's hearers—deeds which involved the loss .of life and the destruction of pioportv. The Magistrate: What is the defendant ? Mr. Ostler: So far as tlie poliee know lie is.au agent here for an organisation known as the Industrial Workers of tho World, the. object of which is to attain their -industrial purposes through the commission of crime—the fic-.ilruction of properly and life. Mr. Wilfoni: I am not in a position to dispute lliis, but 1 have a somewhat humble remark to make; he is a trainconductor. It was then staled that Ixuker was ""t. uotv uu LW.W, agent, aud had