CASE OF W. T. YOUNG.

Dominion, Volume 7, Issue 1974, 3 February 1914, Page 11

CASE OF W. T. YOUNG.

HIS APPEAt FAILS. MUST SERVE HIS SENTENCE. The sentence of- throe months' im{H'isonment itnfrosad cm William Thomas .Young, president of tlio Federation of Labour, in connectta with Jiis speech at tho Baain Keseryo on October .26 last, lifts been aJlirWted aftor appeal, tie* cision ffa-s given yesterday by the Ciiiei Justice (Sir Robert Stout). Young's appeal was from a decision given by Mr. .W..G. Riddell, S.JL, in the Wellington Magistrate's Court. .In.the original proceeding before the Magistrate the charge was ono of inciting divers unknown to resist constables in Wellington in tho execution or , their duty, , .' , The information was laid und.er. See? tion 68 of tho Polico Offences A*t, 1908. and it was held proved that Yoiinghad uttered tlio following words in the- hearing of from 4000 to COOO :— ■ "I want to -say tl.ia-t special constables are being celled for; a nurubor of them vrero marched to tho ■ depot lasst flight. I. want to say this, that if iho- police foreo Of this country to be utilised—l know tho individual . police don't wast to be ■ usedL- for tho purpose-'but if.tho authorities are going to use them to suppress tho Working, class, I will undertake ■—tfo will und.ert.a : lsfl*-tfl mas.s iri this city of "Wellington 10,000 or ISjODO armed men ready to protect themselves as armed men. If a police constable uses his baton -. to you, give him ono back, an.fl if On© . woiit do rttafco it-a double, header,-; In giving Ms decision., His Ho-noiir first- made, reference to tho state of the ojty at the .time, anil tho-ri 6unvinaiisedtile swen ehife.f contentjoiie liad been raised by .Young's, coiijisel.

First of tho Act, "These contentions," . .continued His Honour, "m.av be vicw'ed under two ■heads. <1) What is tho interpretation" o:f the Act? and (2) Was- ilm Magistrate justified i.h holiiftg thftt the wor.ds used were an hisitiiig' to resist tho police. There is nothing in tho section limiting "incitement" to tho presence of the police. If tho contention of the ■appellant's eiounsel (via., that no police- ' man was prese.nt in tho exercise df his duty) wore valid, tho.ro. could! lie no of» fcn.ee until tho constables ha.tj proceed* od to do something) that .is to afrcst ■aoriieQnc or to disperse; mi -unlawful assembly, etc. The word "iiiciW' has been considered in waijj criminal eases, and it has" not hitherto heen suggested that there oan bo no incitement to si ■ crime unless the" act-ors aro ready to comniit. it. At'.comiWM' law and in many criminal statutes the .person present ai a erims and aiding thereto .is a principal in the second degreOj while a person who is not present may ho aft accessory heforo thq ftiiit, that is long Irefato tho crirrt.o is c'ojimiit.ed, or attempted, to. be' committed:. This section scorns to cover both classes, that is principals in the second degree and accessories, before the fact, find also cases whore perhaps no resistanav dvef ■ttikos place. Tfoe.ro a.ro wtafe persons'have been convfcted of - inciting though no pftrsdii. acted on that incitement. A section of a staiiite- iii w'hich ■ tho words used wcro; '/Solicit, .eiicoufbrc, persuadn, ,or ; 'endeavour to' -p.orsnade, or sh»II. proposo-to any person-t" 0f0.,' was held toanply to a casft where nn avtidle was pwhlislicd in a hewsptipor, .fliwl thai ttio. «sefl were and pes--Sliadoi' , ' , ''" The * "#orij ' ■ "froitc" measis "to rouse," "to- stimulate," "to wpe Of. spur 0n.," "to stir. aiPi ,1 "to aivh m.itb." etc, fgeo Oxford Dictionar.t, Vβ], V, Part II). .If, then; the words were cspahle of.- thnt meaning it vs for 'the Magistrate 'to'Ejiy .wlii?t:hcf Trtro'nh.'-ilicijbeifteiit. Indeed, inmost casp's in which persona lV4xo heon eonvie tod of inoftimg,- tH tfitvfi of tllfi incitement was antticodsnt. to the time when tlw crimo wa.s.ctimmitted or attc/mnted to tie-ennnnititfl, A pena.l statute lifts wit to liayc.rc.icl into ib any words nefc' thfrre'. so ns to its" mcahing, trot if the wtirds nre plaiii". nr, j.s was said in the ease cited. W'liwe th*ns' is: artjbigiiity. Jii. ttte Words; there i.e no rooTO for cotißt-nictioft. To ctim strup %6 asted■ woii.-Id • beto, add words "limitiitj; tho "meaning of "irioite," aiul iii say-theW eoulcl bo Ho" inditing to re-sist ait arrest, or <if Eome ethw aflt by a constabli; iiivtess the arTPSb' or act was just -aboiit to take place. I cannot so eonstruo tho statute. "

Sdopfid Paint—What .tii;). the SjJee.oh . Amoiiiit to? It tfas furfliei cojitendr.(3 that tne : words used were not.'ail incitement to resist tli.o poHcbi They only mcaMt tTmt if a Stri-fcet' Was unlawfully as- J saiilted ho could lift buck or 'Tetaliate. All that I have, to detoimino , under this liead is: tlio wo.rd.s capablo of the ■ meaning p.ut on them by "the iSfajiis- ■ trate ? It has not to bo ovdrlooked that in putting dowh .a'riet btitois may be used*—fofco nia r v be tiscd. See IJox y. ■Kornett. Ift ihat. case a liiagistr-ate' was found guilty of negleflt of dtity be* cauiso ho did not us& foree.. 'fire .pi*-; cumstarecos have to be .considered, lliero had, been (iots'snd. pO;ltco weics, it was Haid, t<3 bo ea.ll.ed in t<j suppress such ■ breaches <if tho peace, and the- words Vr'ere, if they liked their batons, tliey wfiro to' be assaulted. Boff can it be saM that tlmt was not .an inciting to resist the ljojice in the osesuttori of tljdif duty? 'Hie' appeal Vrits made to ■men to interfero with tho police (n the: oxeoatio.n of their diljiy , , aiid tto/' w.ero incited 1 to d& so.' for-co' svas to be usfed for the uppeflalit was to briug from 10,000 io 15,000. armed men to' resist the autherities >in tlio .maintaining of peace.. In iriy opinson the answw to the ■ouosfcioij in the case', must be that the Sfn'gistratd tfas iastified in liis .fiiidinp iirid the conviction is 'affirmed frith £8 Bs. costs. :.■,.-' '

Yotfrig In custody. Immediately after tho judgment Was: delivered Young surrendered: himself at tho Police Station, and he was .forth.- . with taken into custody to 'serve the sentence o.f tlifco nioittiis 1 imprisonnrent im.pos.ed by tho . Magistrate. ■ Mr. H. H. Ostler appeared for the Crown, and j\lr. t jl. Wilford ani Mr. P. 3. o'itegan for t3ie appellant.