LAW REPORTS.

Dominion, Volume 7, Issue 1968, 27 January 1914, Page 9

LAW REPORTS.

MAGISTRATE'S COURT. COAL GANG GETS TO BLOWS. WATERSIDE MELEE. TAUNTS & REPRISALS ALLEGED. Some phases of a disturlmneo which occurred on the wharves between sonio Arbitration workers and sonio ex-strik-ers on the night, of January 9 were investigated by Mr. W. G. Riddell', S.M., in the Magistrate's Court yesterday. Samuel Pomeroy was charged with having assau'ted Jock Thompson, and with haying used threatening behaviour on tho King's Wharf with tho intention of causing a breach of the peace. The prosecution was conducted by. PolieeInspector Hendrey. Mr. J, F. W. Dickson appeared for Pomeroy. Inspector Hendrey mentioned that Thompson, orio of the principal witnesses (tho man alleged to liavo. been assaulted), was away in the Wairarapa, and therefore could not bo called. "About Fifty Were Waiting for Them/' The firstwitness called was Arthur Strawbridge, waterside worker, who said that on January 9 he was working in the hold of tho hulkTliode Faeelmid, which was loading eoa' into the Rtftoraa. There were about eight men in this hold. They knocked off work for the night at about five minutes to ten, and, as they walked on to King's Wharf Pomeroy and about 50 others were there, apparently waiting for them, Pomeroy said to witness: "You are the, man I want," mid :t little later l-uslied to strike him. Witness stepped aside, and Pomeroy fell. When the man got wp witness hit him twice, and, at the same time, someone kicked him (witness). The exstrikers were calling "scab," and throwing bottles and coal, but the other party, said nothing calculated to provoke trouble. An Arbitrationist named Thompson was hit on tho head with a piece of coal. The trouble lasted half an hour. Pomeroy was. the only one of tho mob whom witness knew. Mr. Dickson: Didn't you liavo. a bottle in your hand?— Witness; In my pocket. • . What was it doiwj there?—" Well, I might tell you, Entwbistle put it there." Is he one of your party?—" Yes." Why did ho put it tliere P—"l don'tknow." Is it not a fact that you were dismissed from the .wharf for drunkenness on the Saturday, following tho Friday of the trouble P— 'That is for you to prove." I ask you. , Witness: "Ani I to answer that, Your Worship ?" Thei Magistrate: Yes. Mr. Dickson: Well, were you ? Witness: No. / ! In. reply to further ' questions from Mr. Dickson, witness admitted that two bottles of beer had. been taken into tin? hold that lie was working in on the day of the row: Witness, however, added that ho did hot have any liquor. Answering Inspector Hendrey,. Strawbridge said that up to the time that Pomeroy went into the hold they had had no trouble with anyone. But from the time Pomeroy gat there to the time ho .left, lie (Poiiieroy) used objectionable names, and, at aboiit 9.30 that liiglit, lie came-back to the top of tho hold and said; thathe.bnd. svmob waiting on the wharf for the pariv d'owti the hold, and that if it fight they wanted thev could liavo it, : . Williani Henrv Barton, jin Arbitration worker,: wlio-tf{is /L 'Wo : rKiisg with Strawbridge, said that as ho and his co-workers walked off the lioto-rua v on ■to tho wharf bad language wite used to them, and that Pomeroy attached tStrawbridge'. Strawbridgo Wns iibfc in the. slightest under the' iitflneiico of liquor. The mob .in opposition to his gang did not number 50—about 18 . or 19, he thought, would bo tho number. Mr. Dickson: Were you one of tho men ivho wrote to the accused paying that if. he apologised to von all you would make it light for him. -Witness: No: I did not know anything aboiit such a letter. Blows and Flying Bottfos. Gcorke I'uke, who estimated the crowd of Federationists as numbering from 25 to 30, dechrod that Pomeroy made a dash at Strawbridgo to hit- him. and bottles and coal wore also flying Poiiieroy was the leader of the assailants, who used filthy and insulting language. Pomeroy walked up to witness and called him a. —— scab, for which witness struck him The first disturbance lasted about ten minutes, and then tho.mob followed tljem to near the' exit. Pomeroy bad been using insulting laft-sußge in the hold all dav. Mr. Dickson: Did yott approach tliis man afterwards with a suggestion that ho should apologise and that, then they would make it licht for him ? Witness: No; that is an absolute lie. Aro you tile man who came back after the first row and-offered to. (iijlit any man on the wharf?—"No What happened was this: After I bit Potnorov he coniplaincd that his teeth were broken, and lie asked if anyone was rroinc to take his place. I said that if anyone who had been insulting us wanted to. take his place let him do so then, and I would take him on. The Apology Story. Patrick Sheeby. who was working in the bunkers of the Rotcrun on the night of the disturbance, said that-he went on to the wharf with the Arbitration workers. Thn Federationists numbered about HO. He saw Ptimoroy make for Strawbridge. and when Pomeroy went down another man kicked _ him (Strawbridge). Pomerov had vdcketl Strawbridge out, remarking, "This is the man'l want." Among the expressions used by the FedoratioriiSts wAs, "How do you like working under scabby policemen?" Mr. Dickso'i: Did yoU go to this man and sny that if ho apologised you would make it light for him ? Witness: I said that seeing that he was a married man we w?ro sll sorry that ho had got into this trouble, and that if he npblogised and gave his word, not to insult us again wo would try to make it light for him and get liini off. Did you say that- in the event or bis calling witnesses in his favour tliey were to bo prosecuted by tho poliso?—"I don't think I did." Mr. Dickson: Will you say that you didn't?—"l didn't." Constable Frederick diaries Harrison said that when he was approaching the scenc of tho row, ho heard voices calling "scabs," using bad language, and booting. When lie got to tho barrier he found half a dozen men coming there, following by a mob of twenty or more. The half-dozen complained that the others liad been insulting and interfering with them. On the other hand, ono of tho mob complained that he had been assaulted in ono of t.lio holds, and witness asked him to point out Ids assailant. Tiro iaan, however, could not do so. James Ilniton. an employes of tho Blackball Coal Company, who was in charge of tho hulk which was coaling tho Rotorna. stated that the gang in which the Arbitrationists were migaged was late for work thai evening and wer« a little bit merry. Later lie ' ,pcp . ivf ,"-. a complaint that the work in the hold was not goiu". on as it should, nml l"J went and told the men Unit if they did not want to work they has! hoitor go ashore. Tie knew, that Strawbridge threatened to fight Pomeroy. Tlifi Accused Man's Version. The defendant Poiiieroy ...then 'gave evidence. He Mid thnt, as lift hod beoa threatened duriflg tbs h® 5611&

up before tho gang left the hold that night, and asked tiic after gang of the., coal-carriers if they would stand by him: ft itness was tho iast man to lenvo, the I hold, and when' they got on'to'.the' wharf, Strawbridgo attacked.him,mid others aided Strawbridgo. ... .Subsequently, Take assailed witness,''-'.'and invited anyone, else to tight. - ■ At least six bottles of beer had been consumed in tho hold that evening. . Sheeby had told him that there was no such man as "Thompson," who was alleged to have been assaulted. Sheeby suggested tho apology (mentioned before), and added that it was no use for Pomeroy to bring witnesses, because the police ivonld their charge them. Sheeby had also said that- Pomeroy had no chance of winning tho case, as ho had the country against him, while the Arbitration workers had tbe country with them. ■ ■ ' Daniel Dighton, who was trimming in the bunkers of tho Rotorua on the night of tbe row, said that Pomeroy was knocked down twice. ' On the other hand ho did not. see.Pomeroy assail anybody. James Connor, another Waterside worker, stated that Pomeroy and some, other men agreed to fight, and they had a "bit of a rough, and tumble." He afterwards saw another man'strike Pomeroy, and break his teeth., Alan M'Phee said that as ho walked off tho Rotortia that night he bad heard somcono say, "Half a minute, boys; there are five to one hero." Ho stated that he saw Pomerov and Strawbridge oil the ground, and that ho noticcd Strawbridge kick Pomeroy. He ..alsb sa.w one of the Arbitration workers throw a ston o. i Heiiry Whitburno, who worked > on the _ Rotorua on January 9, said that dtiring the day Pomeroy told him thatbe was getting a warm time at his job. On tho wharf that night ho saw Strawbridgo approach Pomeroy, and say, "You're my man!" A fight between the pair ensued. James Moy also gave evidence:" Magistrate's Finding. Regarding the charge of assault on Thompson, the Magistrate said that he was not satisfied from the evidence that Pomoroy was the man who had struck Thompson. There was n crowd present. when the row occurred, and, so far as t tha evidence went, any one of them might hnvo done it. As to tlitf allegation of Pomeroy's having used threatening behaviour, His Worship said that it was perfectly clear thnt, although the strike was over, and that while there was onlv one union, there were two parti-os in it. It seemed strange for one party to have stated that th«y heard bad languaee. and the other side to liavo sworn that they had hoard lio.ne, especially in the faun of the constable's evidence. Apparently, if the defendant had'not made such free use of his tongue, and had been moro care* ful in his general behaviour, tbe trouble would not have, started. On this second 'count Ponierov tfas convicted and fined 10s., with witnesses expenses £3 4s. REST OF CHARGE SHEET. A RAILWAY MAN IN. TROUBLE. Robert King Tretiieway, a voting married man, admitted tho tlicft" of a camisolo and a quantity of fruit from 'olid of the railway goods sheds. Chief-Detcctivo J i rob erg said that the defendant was arrested when ho. knocked off work oii Saturday by Detective-Ser-■goant Rawjo and Detective Deinpscy. The defendant had been a permanent' employee in the Railway Department, but would- now lose his position. The Magistral remarked that the punishment-of .the Court would not bo the only .penalty, the defendant would suffer. Ho Jiiicd him £1, in default seven days' imprisonment. ' BETTING NOTICES ALLEGED. Two charges of having published a notification of betting on races were called against Henry Jlartindalo, but both wore adjourned till 2.15 p..sn. on February 9. Mr. M. Myers is to appear for the defendant, and some witnesses are being brought from the country. THE ESCAPEE. ■ Mary Johnson, who was committed to the Salvation Army Home a week ago, was.charged with having escaped from tho institution. Sho pleaded guilty, and was sentenced .to seven days' imprisonment, at the end i f which term she will bo returned to the home tu complete her stay there. IN HOTEL ON SUNDAY. Walter Jeffries waa charged with having been found in this Shamrock Hotel on Sunday, December. 23. The defendant admitted tlm offence, and was fined 10s., with 7s. costs, and Was given a week in which to find the money. It was stated that tho man whom ho chanced to approach in tiro' hotel happened to bo a "sergeant of police. FLED FROM POLICE. A fine of £1 was imposed cm Bartholomew Mahonev, who broke the peace of Jervois Quay. Jlalioncy pleaded guilty, but added that the fault was not altogether his. Inspector Hendrey s*i.id that tbe other party to tho trouble fled when tho police appeared on the seeiie, but that as the man was known he too would bo appre» bended. ; OTHER CASES. For' insobriety, Daniel M'Randlo was fined £1, Charles Coylo £1, James M'Laughih £1, Alfred Nelsrm £1, and Thomas King £2 and prohibited. An application by Beatrice O'Bonliell for separation and -maintenance orders against Thomas O'Doilncll was dismissed.. Complainant is 4.3 years of age, and iier husband about 70. They have been married alSout 25 years. 'Joseph Flanagan was fined £1 for disobedience of a maintenance order.