STRIKE RIOTS.

Dominion, Volume 7, Issue 1976, 5 February 1914, Page 9

STRIKE RIOTS.

FURTHER BATCH OF TRIALS THREE OF THE TUMULTS, . CHIEF JUSTICE'S OPINION ON QUELLING DISORDERS. i Three more persnna accused of participating in tumults dufing fhe strike stood their trial m the Stiprenlo Court yesterday. One of these— Alexander Churchman—who Was charged with taking part in tho Foatfcorstmi Street riot, was acquitted. Thomas Aclahd, a burlv Royal Naval Reserves man, was found guilty of rioting and assaulting special constables shortly after their arrival from tho country on the.night of Octo* ber 29. The third accused was Edward Golclough; who \yas ijhar&ed with having .fired a revolver at, special constables in Post Office -Square on,'the day; oh. which tho mounted charge took place. His Honour tlib Chief Justice (Sir Robert Stout) was <in the Bench, Mr. R. S. Macassey conducted the prosecutions on behalf of the Crown.

IDENTITY bbt/IITFU!., CROWN PRESENTS A "TOAK CASE. Alexander Churchffiau ■ was charged that on November 5 ue-'tottk part in a riot in Fcatherston Street, and further that he assaulted certain special constables iii the of their duty, Mr. P. J. O'Regan appeared for the prisoner, who pleaded not guilty. Mr. Macassey mentioned that : the cliiirges against the prisoner arose out of what' was as the' big riot in Featherston Street. A large body of special constables rode down the street followed by a mob who threw stones at them and shouted insults. A few ran away when pursued and took refuge in the Government Howe grounds, where they were overwhelmed fay a largo body of foot "specials." Accused was one of the number taken in the Government House grounds, and lie was seen in the throwing a stone. . Ernest Herbert Knwson and Vcriron Vaughan, special canslAbleSj detailed occurrences/.on the day in questjoh. Neither of them, however, had noticed 1 Churchman. Alfred William Veniiell, a spscjal foot ooiistable, stated that he had seen prisoner throw a storifi at the "spcdials" from inside the' Government Buildings 'fence. He was at once arrested.. ' To Mr. O'Eegah: It wfts abaolutely impossible that lie could be miatakcji about the identity of the accused.

Prisoner's Story, Mr. O'Regan then put Chiirdimaii in tho box. The 3tory told by accused was to the effect'that he had'bceii present at tho . riot, btrt not as a-'riotcr. 'A riis-h came his way, and ho rail to e36a})d trouble. He was not able to run fast, and the crowd overhauled him, knocking- him down in tho gateway of Government Buildings'. Some "specials" at once rushed up to him snd.askeu'Tiim what ho was doing there. Ho did wot throw a stolic, nor did lie even handle one.. Ho had-never been. in.any trouble before, except that ho had been'arrosiocL f-or drunkenness. • Mr. O'Rcgan: How many "Oil, about five or six.": His Honour: Is it not a fact that you have been convicted 27 tiwe-j? Mr. O'liegan: Perhaps the prisoner's mompry.; is defective.' .; To" Mr; : Macassey: Ho had . cofli.o up towards, tho Government.Buildingsfrom the direction of.'tho Post O'fflcp Square, .but hoolid jipt.seo any of,tho -ribtirig. Pressed on the pdirtt, h<) stated that he. did not even know the iioi. was- Roi-itR on. He did not at first realise, that the men in the Government Buildings' enclosure were special constables. Wlreu he arrived near the Rate ho was not in the crowd 'at alt.- * '' ■' • " .

Judge Criticises the Authorities. The foreman of the jury asked ivhy the evideuuo- of tliejjfrrcstinj; constable was not tendered. Mr. Macass&y explained ■ that the accused had been arrested by special constables and taken t) tho station along with Other nren, and there was a gooadcai of excitement. Later it was dilllcnlt to fin! witnesses who could identify positively. His Honour remarked that the case was of a slip-shod cha/racter, and it had not been properly got up. Apparently the Crown Solicitor was not to blaifle. At the timo of the rioting the authorities had shown great , supiiion,c»s in dealing with it. In England'the head magistrate, of-, a town had oneo been indicted for. failure to. take proper steps to deal with disturbances.. Herc>. when stones wore thrown and human life was ill danger, some far more severe stepfishould have bceii taken to quell the riots than were actually taken. It might have , , been that the police authorities did not thi-rfk that they hiid a suificieiit force at their disposal, but ho could not see why o» the. day. , of tho Featherston Street riot, some 50 or 60 persons werfi not arrested, instead of. only five or sis- In this, ease the evidence against the accused had Dot been properly prepafcd,,but, at the sains time, he could not withdraw the case from the jury because, there was at least some evidence against the main Fiirst of all it was a fact that there \v*s> not m -which-.the specials Wore pelted with.stones. Tho men who were stoned seemed to have' been esceedi'ngly forbearing. If the tliiiig had occurred in some other countries there would havebeen an entirely different'tale to tell, Tho jury would have to esainins Mother Oio story told by Special Constable \ ennell was that of an honest man. Oil tho other hand they nvust endeavour to ascertain whether tho accused's story hung altogether. He regretted 1 that moro trouble had not been taken to submit all tho evidence iivftilaolo for such afl important case, He did not lcTipw who was to blame, arid lie \vas not Warning anybody, but this wai not the way to conduct criminal proceedings. Tho jury returned, after half anJiour's retirement, with a Verdict of "Kot Guilty."

BURLY RUFFIAN. NIGHT ATTACK ON' "SPECIALS." Thomas Aclantl was charged that h9 took part in the riot in Waterloo Quay on October 29. and, further, that h'o used obsceno language. it*. I', J. O'llegan appeared for the accused, who pleaded not guilty* Mr. Macasscy said that on the date, in question a party of 24 "specials" arrived in \\ ellmgtou. They (tqirained at Johnsonvillo.'nid rodo in to tho Post and lelegranh Stores. On arrival they were escorted to the, police station Jy some uniformed men, and wort followed by a crowdof men using filthy language and throwing stones. Sovej-ql special raon were hit, but none werfi sorimislv ,lmrf. ljio accused man would be oosftavety identified as ono of the ringknclws iii tlie not, and, at tljo jury would sec, he was a strikingly bra man, about whoso identity it was not likely that tvitiiessee would be mistaken.

Stephen Thomas Hunt, one of the party of special constables who arrived from Valmerston on tlie mijhfc of Qetobe? _29, stated tlinfc as they were proceediiifi to the police station' they passotl a'number of mtsn at the crlrnw , of Bunny Street. One ul' the men oallwl out, "Here's these scabs! Let's take to them!" This crowd followed them all th' 6 flay to the police station, shouting. simitar language owl throwing stones. Witness was one of

those who were hit. Accused was there, a.ud, in' fact, seemed' te be tho ringleader. . • . ■ To Mr. O'Rfgaii: TII6 night was dark, lint thoy were mini , the "street all tho time, and he «ould seo quite clearly. Constable Miiowuii, who hart formed oiw ot tho escort for • the "soecinls," s-aul that while tho horses were being picketed in, the Post mid 'Megrapli totoros yard nn ..excited crowd collected outside, using filthy -langiinge. Ac cusod was umloiibtedly tho rmgl«ader, ana he Used esprbssioils- thnt wore obsconfcj nnJ grossly insultiiig. (Jix*Mjplos were quoted by witacssT) Witness had also seen aeeused throw stones on the. way to the police station, lo Mr. O'lteganj.Hc- did not think it would have beo.ii ivise to 'attempt to arrest the accused ■ then, because tho ierce of police was small, ami he knew there could be 110 doubt about tho identity of the accused if Ire were wanted later.- About ten days later i:e' pointed tho-man a\\% td Detectivo Cassejils. Censtfthlp Jt'Jiiliniiii who hjidi also been 1.11 the escort, gavo Bimilar evideneo. ' Ho stated also that lie iiad seen the accused, soveral times in the «iot— continuously, in fact—and he had Hot- [ slightest doubt about his identity. Constable Izard also gave evidence aa to the aociised's eanduct, and Detective■feofgsant Cassells gave evidence regarding tho arrest. 1 , Mr. O'Hegan said tho accused, who j'as an ex-eoMiar, and a Royal Naval itesKves maa, was a waterside worker, tind- au radastriaua rnan. Nothing was known against him except that he had am once convicted of drunkenness. ■ •tno pnstincr then entered tho boa ana flatly denied having been implicavSS! in ttife distanrbahco. He was not arrested until three weeks after the ercntand ho therefore could net then recall what had occurred on tho night of the trouble. •

■ Tp Mr, Macaasey: It was true' that he had been ee.nyicted of threatening behaviour at a later date in coniieution with the strike, and he had been fined to- or a month's imprisonment, and ordered to find sureties.' (He did not find the sureties and he is still in prison.) fclw Honour said that there could bo no law itnd order if incidents siichsm ttwse related in the evidence! were to be tolerated. The jury had heard very positive evidence as to identification, and, if thej beliovcd it, they mvist return a, verdict of guilty. The jury, after having been out of the box ten.minutes, returned a verdict of "Guilty." . Prisoner was romaisded in oustody for sentence. ' ■

REVOLVER SHOT. IN POST OFFICE SQUARE. ; Edward Colclough was charged that ott October 30, with intent id do grievous bodily harm to Certain constables near tho junction of Jervois' Quay and Customhouse Qeay, bo fired at them a revolver loaded with destructive material,, and further that at the sairto place and an the same day lie took part in a riot. Mr. TJM. Wi.lford, with him Mr. P. J, ■ O'Regaii, appeared for tho prisoner,, who -pleaded."Not Guilty." Mr. MacaSScy recalled tho incidoHts .of the riot at Whitcflmbo and Tombs, and the charge of mounted specials' in the Pos:t Office Square* It would be alleged that tho accused wan present if? the crowd, and that he sieppod oat and fired a revolvet- 'ki tho mounted men, exdaimiiur: "Tliis will catch some- of the ." These words were -plain proof that his intention was not to fire over the heads of the policemen.

.Saeotator V/hb Foflowed. Fredertck G: A. Cray, insurance manager, said;-that lie was in Post 0f» lice Square, in front of the whaff gates, when tho riot was going on.. . .Tho. strikers 'threw sticks,, stones, ftiid detonators at 'the'- special constables as they, passed, : nttentip-n was attracted by tfio," report of a ' fir fear-in-., and,'turning round, lie saw aoeUs-Sd lew■eriiig. a revolver, which was amoking, n.nd put. is in his left-hand coat pocket. . .Accused then slunk back into tho crowd, and witness followed liini past Bajinat.yno's .cottier; into Lanibtoii Qii-ay, to Barrett's Hotel; Witness there asked an assistant to watch the pr-isiiiief While ho (witness) ivent .for a 'policeman. _ That was the last witness saiv of him. Outside Bprrett's Hotel accused met a companion,, who whispered something; to him, and tapped his pse-ke-t-, where' the -revoTvfcr was. To Mr. Wilfordj The Crowd was Hot tightly packed.' ' Accused- 'was an thefnn.se. of the cfo*ti, |b'u.t it surprised 'witness ih-at he did ntffc shoot so.md of his- frifl-nd-s. . He- did not .lose sight of accused from tiro time that the shot W.ns fired until ho reached Barrett's .Hotel. ' N .Con.stablo O'Dflji.aghue said tie was on duty at the- Queen's Wharf gates on. the day of the riot, As the- speckl-S passed tlij'ouKh tho Square southwards 'there was a lot of hooting, and stones and detonators were thrown. As t-h-o spiieinls were (iassiiip; tho Queen's Chambers ho saw aecusc'tl step fttjt. from the .eravfd and fire. si. Tcrolv-er at the raoUihtcd troopers. Witness was- positive that, accused fir'etl one s : hot,,frr pe-Tha-ps (.we.. The mS-n then rushed back into the crowd, anfl witness fatlbived him until lie took a bicycle. The tf-itfiess had then to abandon tho chase, . He did not know whether ncous"d rode away on tho bicycle of not. [The o.videtiee of the previous witness i\n this point was that lio did not.3 He had wen thn man return the revolver to his hip-pockst.

other EyD-Wltnessss, Frank Morris said that he was in Post Office Scjuare oa October 30 at about 5.30 p.m. Hβ know accused well by sight, ajid iie.saw him step out and fire a revolver at the body of specials, ejaculating, "This will catch some of the —-." Witness was not sure whether one shot or two Wore fired. After firing, Colelough at onco rushed back into tho crowd. Witness did list trouble to follow him, beeau.se he. knew him quite well, I'q Mr. Wiiford: Ho knew Coleloftg-h because he had sat at the same table as him for meals; but, before the occurrence, he had 'never known his lia.itio. Jeter Bodge said that.at tije timo of til* riot ho was' employed as lepeoial constable for tho Wellington Harbour Board. Ho was at the wharf gates as tho troop pi "spocials" passed, and ho saw a man fire a revolver a ; t them, "When tho man fired tho shot he dodg«d hseb iat*> the crowd. Accused was the man. ' 6eorgo storeman for tho Wellington Harlwur Board, said that he was leaving the wharf gate's ns. tho ' specials" passed, and no saw a, man draw a revolver ajld fire at them. The tr.an was about ten yards away from tho "specials" at the tiino, and immediately afterwards ho vanished itt tjio crowd. " To Mr. Wiiford: Ho was not propared 'to Swear thiit occtised was the rtiart who fired, the shot. His Honours Do you'think he is tho nronP—'"He's very like him." To Mr. Wilfprd: H« lieafd three- or four revolver shots before lie saw tho jnan fire, but he honrd none afterwards.

About the Revolver. .Matthew Totlmj'st, a waterside worker who was ca strike on October 30, stated that ho wont with Cololdugh to the Post Ofitee Square about half-past five of n quarter to six, He knew that Cttlclongl.i had a revolver, but he did not know-that Colclough had it with him that day, Minnie Smith said that she knew the accused, v.-bo boarded with witness's married daughter, at whose house witness also lived. Aftor accused had Imrl his tea on the evening of October 30 hn went out, but returned a little fater and saM thai there had beeit a Wt? in the Sauaie that he had fired a shot, md

tlioj lie thought a t 's.loi>" had 6cen liiiii. Then prisoner went out through the kitchen and said that he was going out into tho yard t(i coiicoal the revolver in a ro.«! bush. Ho, further told witness that if anybody oanio to ask abost- it witness was ,Wt W know anything. Detective Tuasou siild li« tad arrested the accused ou November 15-ifi Manners Street. When the wriTUit was read to him. Coldottglj jnutto no reply, When searching the accused Detective Rawte a-slvwl him whrther he had a revolver, and accusw} replied that ho hail no revolver, and that he had never had one. Dotective-Sorgoant R.invle gave s-iniilai-evidence.

Those Discrepafloies, Mr. T. M. Wilford did not call evi- «»««<;• He itrgufld ,that tlwro was not eumcient _ evidoiico te .prove, that the intention of ■ ttto accused (oven assuming that ho firod. the shot) was to do injury, to , tho siseoicii constables. Ho alsfj s«e»estcd that as there were other shots hred, elight difforenTOS in tho evideirca- of *lie' several witnesses mi mat-tore of detail -were of importance, for it was possible that tho witnesses ivcto . referring to differentpeople. He furtlief put it to tho jury that, there was no proof th.at t-lio revdver was in the terms of the Indictment, "loaded with destructive, material." 'i'hei'o was likewise- nq evidence that accused took part in xi riot. His Honour: I. shall put it to tho jury that ih&re is ainplo 'dvidencb. Mr. Wiljford said, in conclusion, that lirwas ihipossibio to discover a Case, in I which fhftre were- so many discrepancies ' in tho evidoiico of the witnesses. i A Point for Appeal. His Honour said that if the jury w<«ro to find tho sfrcnsesJ guiltj- oil the. first eourtt, ho woultl reserve For the -Court of ! Appeal the yuestjon x>l whe-tirai - there was evidence thst the- , revolver was loaded with "destructive material." There Was Certainly cvMeiieft that, it contained' an explosive, tut whether this ■ could.be hold to be- "eleStfustjve jiii.a----t-criai" lie was not sure. Against tho man there was tito*evidence that he had a-revplver., tJist ho came hack- ].ib.mo and told Sits. Smitll that he., had fir-etl a revo-lyor, that he was. in'thp Square, tlittVlio was seed by four witnesses-to fir-o tho shot, and that, still another witness thought that ho was very like tho lhali. All tho witnesses agreed tlia-t sio niado away through the crowd, a-nd two of them fbllqWcd him som.o distance- . Witnesses .disagreed as to exactly where accused put- his revolver after ho firod tho shot. This act-ieh of ac* eiised would not, however, sesm to thejh iniportaiit. What looiiicd largo in their minds was that a mail fifed a shot, and that accused, a; iiian.easy to identify, wus that itifln. When adeu-sed was arrosted he deiii-cd thai ho lwd pvar had a rovolvei , , htit there, wm in- , contrcivertibk ovidciieo that he had had one. If the jury .found that he had fired , tho sliot only to frighten somchody, they must not return a. verdict of Riijlty on the first count. *Fho Act woutd, liowBver, jnake the accused guilty of the" second charge- of taking part in. a ript. The- jury returned a verdict of guilty on the second cfttint—that -of taking part in a 'not guilty eft tho olhftr count. The prisoner was remanded in custody for sentence.