SEMPLE IN COURT

Dominion, Volume 7, Issue 1935, 18 December 1913, Page 6

SEMPLE IN COURT

THE SPEECH AT AUCKLAND.

DECISIONRESERVED. > r-des'ivA s so cie'tibn I V:v.:w ,'■! V AuGkland,'T>eeember 17,. Frazer,- S.AL, „■ .this.-?n:oruing. Robert Semple, organiser 'of the United Fc<l( ntr i tion.ior : Auckland, on October 30,Vh0. incited pcry sons to. resist the -specialami regulat .police in a. .specchp'to.,;Vit • • .''l have word through from. Wc]- \ '■ ling ton'ilmt they ..used; their batons 7 on workers there" to-night,. and ■ .-'■ discovered' that-Uhe.Workers'■ ■; hit ns hard as they could, but tii& ! ■ workers' got tho.best of it.-' ; In Wcl--j ■ lington ■ to-nigUfcthey'/' showed th . tiu-y could c'ub. when -they wi.'r«-;'. clubbed, iiiul we can do the same, y:.' ■: If ■ they ' use: violene6. : 'we f-will ■ also club them -'as they-"club u's. y = 11 not want" to .do■ ;this—God., forbid..':. ;■ Prison .wails fcaii'. settle", no'disputes for us.''.The'orJy.:'way4o,settle thesa •' industrial problems is. by'calm rea-'j-. | 'soiling aiuVjudgnieht.'f.We will try " an best'we.-'can to avoid bloodshed s" • and settle'■'■ourr.'..'difficult.y' : ji-!without*":; ■ " spilling 0110 drop of blood. ' Blood- . ■ shed wins no argument. They . might want'' all) tln.-ir. 'reserve of „ . ■ strength, but I sa3'.!to!..youthat wo ;. i '. are not going to'accept violence,'ami J: .... every worker should havo something o ■ moro in his possession "than:. ]ii 3" .naked lists., 'If it.is lawful to'issuei-V----1100 batons wherewith to 1 attack : S ..workers, it 1 is■' equally lawful for • workers' to havo batons to protect themselves. 1 - 1 ' 1 These-». people.- havo ■ batons to club you, and -I ask you, . for the defence of your characters,'.:. ; of your manhood,'-'of your wives and';' families, to club them back again." The Hon. J. A. Tole. K.C.. appeared to prosecute, and Jlr. Hall Skelton,conducted the defence. ; ■ Sir. 'I'oJo, in opening the. case,' said that ho would like to explain tuat there was 110 special significance in his appearing for the prosecution. ■ It simply happened that the gentleman: who usually took these.cases was' very busily engaged upon another matter." The circumstances of the case of course had relation to the strike. There was no necessity for him to dilate upon the condition of things which prevailed at the time that the utterances were alleged to have been made. ■ The position in tho city was very acuto, and the public mind was much perturbed: Tho city, in fact, was in'an unprecedented statu of'dan-" ger,.'and it became necessary for' tho protection of peace and property that special constables should be introduced. It was at this time that t-ho- language was alleged to havo been lised. Evidence would be called to prove that it littd been necessary for the.protection of -the peace and of, property . to> engage special constables,' that tho words' had been used, and also toindicate the state of excitement which .then prevailed. . Reporters Called. Reginald P. Haycock and .Robert W. Robijon, reporters on ' tho "Herald" staff, gave evidence of having heard tho words. Robson, in his evidence, said he had taken tho statement down in shorthand. Under cross-examination ho added that tho impression that , ho got was that accused 'realised that a collision was not desirable • from a striker's point of view, but that, if attacked, it was right that strikers should retaliate. Further cross-examined . Robson said that, in his experience as a journalist, ho had never known a paper or reporter to deliberately colour a report. 1 Mr. Hall Skelton: Was tho speech in question not a reasonable one?' Is that not indicated by .the words, .''The. prison walls can settle no'dispute for us. Tho only way to settle industrial problems is by calm reasoning aiid judgment. Wo will try as best wo can to avoid bloodshed and settle our difficulty without spilling ono drop of blood. Bloodshed is no argument. Witness: I believe that accused was not deliberating inciting tho crowd to do violence, but he was more excited than I over remember to havo prviously seen him. Mr. Skelton; Yes, ho had just' ■ received a. telegram informing him-:.that strikers had been clubbed in the streets in Wellington. ■y-'A; ■ Police Evirfonca. . ■ Constable Smith stated that he hoard Sample's speech, and had read the report in next morning's paper, He could swear positively that it read almost word for ward with what Seinplo had said. The crowd which Semple was addressing had been worked up to a state of great excitement. Ho was satisfied that Scmple was desirous of inciting tho men to violence. In this connection, added witness under cross-examination, ho was satisfied that Robson had formed a wrong impression as to what Semple actually had in mind when addressing the crowd- ; r ■-■ ■ ■ . Mr. Siielton: Was there much excitement? Witness: Ihero was. I'havo been through tho Wailii I 'trouble'.and never saw the like of this.' It. was ' only towards the end that' . they ' quietened down, when Semplo'. told them to ■■■ go home quietly, v.;-. ■ ~-i lii -' ;: ' a ■ ■ Mr. .Skelton: And; what else!" did be tell them? ■ Witness:' He .told'them' oil no account were they to commit 'any" act of violence. „■i Mr. Skelton: Did they do as lie told them ?—"He is"; the ringleader.! They ,always do as he tells them.''. '. Mr. Skelton proceeded to submit tho witness to a' sevore cross-examination on that point, urging that .tho statements of witness went. to . show that he was making the case as . strongly one-sided as possible. ' ■ His Worship ..interjected that it was known that Semple was tho organiser of the Federation of Labour, and that there was no use pressing the point. -. Detcctivo Gourle.v was the next witness called, and Mr. Tolo proceeded to examine him concerning events on tho wharves on tho date proceeding that on which Semple was charged with using seditious language. Mr. Skelton objected on tho ground that this had nothing to do with tho charge. . His Worship said he wotikl note the objection, but ho considered tho evidence permissible. Witness then related how tho perishable cargo on the Tofua had been hung up as the outcome of interference by members of tho Waterside Workers Union —a union affiliated with the federation of Labour. Witness further referred to tho stone-throwing' and other incidents of tho striko, and added that tho men had endeavoured to- take matters in to their own hands. Soma strita Implements Produced, Sergeant Rutledce '■ said that, when the striko started, over 100 uniformed police l were brought into Auckland. itness proceeded to refer'to the raid on the office of the waterside workers and the finding of batons and other articles there. Ho produced 'several ..small clubs■ well' weighted with lead. .and a shanghai, which, 1 he declared, to be tho most dangerous of the lot. . . . Cross-examined, 1 Sergeant ' Butledgo said that ha considered, when , ho 6itw Hie strikers. drilling, ■. were getting rcadv for action. . Mr.' Skelton: Were .'the'men not favourably disposed. to. tho uniformed 1 police?.. 1 .'■■■. ;* ' .-■.'V'Ve/:'-' Witness:* They had to be; wc woie tile strongest force.;'.■"! - ' '■;'.■"! *; ■ ■ . Mr. Skelton: -AVliai!-.«100"poliee'-'wcre stronger'than 8000 .t0...i0,U0Q strikers —"We held tho balance..of.powenwheu tho sjcjials .. ■

b'*: Mrl' 'Skelion: •• But,' -for"a fortnight. ■ .be- ■ \ fqro 'the - specials, arrived?—" From tho • .very beginning,;T- believe, 1 tho police.. ■:.w(!! l e: i ..in ~a jpositioiii to,-.have held v,;.the ' v.baives.". ' '• :®sM'r.iSkelton: The men wero well !>e}liavcd,s;and. there was not one act of-' ; faggres'sion ? —;"It was arranged that liicro. should bo no trouble, I. believe. iThc'ro.was an arrangement between In-, js'pecto'r- Mitchell and Semple that tho should not be interfered with." Similar evidenco was given by Detec'fivos ■ Hammoiid, 1 .. Itollis, . Sergeant o!prady, .and J.;onstftbies. Waugh . and Cunn'on- -. .. . . * - saidho would reply almost, entirely "on a' legal defence. Ho submitted''that: an■'' assault -would liuvo to be committed - at the time to create and, further,... 1 that there :was .no evidenco to 'show that tho sub■.serjuent'sti'ikojncidents wero .tho result of this speech, and that; " at " the time, tlie-specials h;ul. notJieen_ created, ■ and, itherei'orojj.wero ; liot.ill existe!ico,to .be clubi)cd. : After. Mr. -'.Tole ■ had' addressed ' the Court .'in 1 , reply,-, the magistrate reserved his"; decision'. until Saturday, > when'.- the 'other -charge—that 'of. sedition—against'' Sempk-'wili-'bc.heard.;;