THE STRIKE TRIALS.

Dominion, Volume 7, Issue 1977, 6 February 1914, Page 5

THE STRIKE TRIALS.

CASE OF HASSETT. SHOTS AT MR. CULLEN. CHARGE NOT PROVED. GUILTY ON A LESSEII COUNT - INSOLENT WITNESS. , At ten; o'clock yesterday morning a small, fair, almost sandy, man was placed in the dock of the Supremo Court to stand his trial on charges, conviction on the more serious 0 f which would have rendered him liablo to imprisonment for the term of his natural life. This was Patrick Hassett, a mid-dle-aged-labourer, who resides in the Mount, Cook quarter of Wellington. The charges against him, put briefly, Wore:— ; . •- ; . 1 . That, in Wellington, on November :8, 1913, lie attempted to murder John Cullen. That he took part in a riot in : .Ta'ranaki Street. • ;,V-. That he discharged-a revolver at , Joliu Cullen, Commissioner of jPolice, with intend to do him griev,v£ous bodily,harm. entered pleas of not guilty, = was defended by Mr. P. J, O'Regan. representative of .the Crownwas S. K. Macassey. His Honour the Chief Justice (Sir Robert Stout) was on the Bench. . : ' , Tho Crown case was opened by Mr. Macassey.. He stated that it would be within the recollection..'of tho jury that a very serious riot'occurred at the corner of 'Wranaki and Arthur Streets on the evening of November 3. It lasted from two to two hours and aihalf, and women wore among those who took part in the disturbance. Police-Commissioner Cullen went to; the, scene, and the hose was turned on the crowd.' Hassett and one Kelly were standing by a shop, and Hassett, it'was alleged, fired at . Commissioner Cullen. Witness Insults, Counsel. The first witness in-the case was An-' drew Ernest Kelly, a greaser on the Corinna, who was supposed to have been in tho company of Hassett on the night' of the riot. Kelly said, in the course of his evidenco, that he was standing by' som'e man outside Miss Thompson's shop on the night of the riot, and the man was fusing a toy pistol. *; Mr. Macassey: What do you mean by a toy pistol? . ■ • Kelly drew a toy pistol from, his

pocket with a flourish. He snapped tie ■ cap; and said: "That's a toy' pistol." Meanwhile) the Court- looked considerably surprised. ' , Mr. Macassey :.Who';asked, yoa j; to .. bring that here? ■ : Kelly: Well, I considered you-were thick-headed/enough 'not to understand the difference'between a''toy pistol and / a revolver, so I brought it,. } His Honour: X6u>liare ; no■ right.to"' insult counsel; - Kelly: Well, I put it to the Crown Prosecutor in' the other Court, and.ho didn't seem'to know the'difference."; ■'- : His Honour: When did you buy that? Kelly: Some timo last week.,. ' , Mr. Macassey: Did,you know this manby sight? 'A < : ■ v '-

Warned by the Judge. , Tho witness's answers wero considered bv Mr. Macassey to be quite a'w£y' J from' the point, anil after repeating 'tho'ques- 1 tion several ; times, ho- ■ a straight; question,, and nofr ! ifcvery;| civil answer.;' , "If you .iloh't answer the questions-! •properly," remarked his Honour,,turning to Kelly,-."tho Court can deal with . you." v y. _ , . '. V , ' Kelly: I am quite aware of that-. His Honour; Wellj then, answer tho .question properly. A ; few moments later Mr. Macassey asked permission to treat Kollv as ,a hostile witness. ' His Honour: His manner and.-bear- ' ing are tlioso of a hostile witness. -- ' Mr. Macassey (to witness): didn't you tell DetectiveiSergeant Cassells thatHassett was there wifchi you ?' ' '; : -' Kelly : No;-;'.'I gave Detective Cassells, a description of a man, and ho ' said that that was'Hassett. ■. V '-' Mr. Macassey:' Very w;ell; 'we will Bee your statement.- . ''I didn't write that statement." Mr. Macassey: You signed it.l The -statement signed T)y Kelly was 71 ad out. His Honour;: Is that statement true ? v Telly: Partly truo, and partlv'false. His Honour: What part is false? ■-*, .he accused'commenced several.-state- ;. ments in reply, but every time ilis ; Honour brought him back to the definite question. "You answer the auestion," - •'remarked His Honour, finally, * "and ; don't trifle with the Court.",

Kepplng Him to tho Point. Kelly then said that the statement •was falso where it represented, him' as having spoken _of shots having been fired at Commissioner Cullen, and as having said that Hassett was the name of the man-,who fived. Kelly reiterated his assertion that the pistol used by the nian was n a toy. •• Mr. Macassey: You didn't tell Detectivo Cassells that it was a toy pistol,so . that is ;,three false statements that you have signed. Kelly: lldidn't read the statement over.-.. .- Mr. Macassey: We will seo what Detective Cassells says. • I His Honour: Was anyone else-pre-sent when the statement- was made— Kelly: The paper says iDetective l Mason —- I His Honour: I am not nskinr* you' ■what tho paper says. You heard the question. v. , Kelly: There may have been someone, else in the room, believe there was. ;■ Mr. Macassey: Will you swear whether you told Detective Cassells - that' after Hassett fired fivo shots from the doorway he. went into Mrs. Thompson's ebon and discharged the weanonaeain? Kelly: I may havo told him that." His Allegation About a Dotectlvo. Mr. Macassey: Did you tell Detective Cassells that Mrs. Thompson saw him fire the shot, and ordered him out? After a number. of "explanations,!' the witness answered in tho' affirmative. Mr, Macassey: Did yoit tell Detectivo Cassells that h<- <"Rft?sett) had a; sixchamber revolver?" ' Kellv: I told him i that he had an, imitation of a six-chambered revolver. The witness then' produced- two -'wea-pons--one an "imitation revolver" and the -other'an instrument-which, he nut "n tho ledijo -'«*f tho witness-box.- with th" remark": '(This 'is\a real'revolver!" 'His Honour: What arc you-doing wit-k rovolver? .. Kelly: TWe U no prevent: me. . . I have h?'l it forvears. u Mr. Macassov: Will you deny,- .now, lint- - +.Tte accused was tho man .who was there? ''. ■'' '■ T-Mlv; He was something similar to the neensod, but I could not swear that he wns the man. T" ronlv to ouestions bv Mr. o'Tl°!inn. K"'lv snid that he .had' signed - the sHt-nrponfc on November G. '"I"was thiwtnpnfl with arrest for being concern"') ill tli« riot—l>v Dofnctivo o,"s--sells." )io added. "Detective Cassells told me that if I told him who fired the revolver ho would drop proceedinr's neninst me,' and it was immediately aftor tbif that I signed tho statement'." Mr. O'Regan; The only part of that

document in your handwriting is tho 'signature?—" Yes." Mr. o'Regan: You signed it because the dotoctivo fold you that if you put tho other man away you would "'act off. —"Yes." Venetta Thompson's Account. Vonotta Thompson, a young daugliof ->Ir3. ihompson, near whoso shop shots were alleged to havo been lired, said that ho saw a man who was stand'"6 under her mother's verandah lire three shots from a revolver at tlio man with thelhorso. When, the hoso was turned in tho direction of , their shop tho man with tho revolver retired into tho shop doorway, and fired another shot. The man then Went into tho shop and reloaded the revolver, which .went off, and tho bullet struck a boy ni tho arm. , Kelly was, with tho man who had tho< revolver, and they were the only two men .in tho doorway. At the Police Station sho was shown a man whom sho had then said she thought was the man who had fired the revolver. The prisoner now in the dock wgs Eomqthing like tho shooter,_ but she could not be sure on' that point. .His Honour: Did you notice if the two men who were in the shop spoke to each other? Witness: No. I don't think they were together. John Philip Do Sousa deposed that he knew Hassett by sight. Witness said that on the night of the riot he was standing between Mrs. Thompson's shop and Arthur Street. Hassett was thero in an excited condition, and he struck witness on the head.

Commissioner Gullen's Evidence. The Commissioner of Police, John Cullen. said that, when he 'went to the barracks on/ the evening of November 3, ho found a state of great disorder prevailing. He tried to get the crowd to quieten down,: but aid not succeed. Then he! ordered the mounted men to move the crowd away, but they were withdrawn becauso the crowd were getting among tho horses and frightening thorn. Very abusive terms were used to the .mounted men. A detachment of special constables was ordered out, and charged and dispersed the mob, butbullets'were fired then, and Major Thompson was wounded. While witness was standing at' the spot whero the hose was being operated bullets wero fire'd in his direction. He could see the flash and hear the bullets singing past, and these shots camo from under Mrs. Thompson's verandah, and from thero 110 heard someono calling, "Whero's Cullen? Whore's Cullen?'' Ho estimated that at least a dozen shots were fired. ~ Some shots wcro fired from under M'Parland'a verandah, but theso were directed at tho mounted "specials." 'Thero were also evidences of bullets having gono tbrougl sonlb of the windows of the. barracks. Witness < could not identify tho man who fired at him, but, ho saw Kelly at the riot, "and," ho added. "Kelly was very busy, too." ' One bullet lodged in Captain Symons's clothing; but did not penetrate to his body. For about twenty-five' minutes tho state of riot was very serious indeed: • _ . Alice Erp, typiste,. .who. .took .refuge -in 'Mrs/Thompson's shop s at 'the 'time of -tho 'riot, recognised Kelly as one of tho two men who were there, and added, that Hassett very strongly resembled tho other man, but she could not swear absolutely on that point. Whilo she was in the shop a. revolver which'one of tho men had went off, and tho bullet struck a; boy .about the hand'. Tho boy was warned. not to tell tho police. Major Hume, of tho New Zealand Artillery, stated that ,he could not' swear ;that ho ; .saw Hassett at tho riot. He saw Kelly there, and Kelly was one of ;-two: men-'froni whom lie reckoned the revolver shots were coming.

i TJio WountletLßoy. ' • The lad-who was Grounded in the arm .whilo\m Mrs. Thompson's shop, Bertram Albert whose home is ill tho jMouiit.,ppbk.'-.district, was then called. the man who had tho fair complexion, but he coiild'n'ot say that Hassett and that man ■wore', identical. Whon witness was hit the man said: "Don't tell tho police." ■ /'.Sergeant Taylor, of the New Zealand Artillery,'-who was-present'during the riot, swore that ho saw Hassett there. Police-Const&blo.Alexander Bissett gave evidence that ho had known jHassctt before the evening of the riot, and t.hafc ; on-tliat .occasion-he saw Hassett with two other -. men .near, the Royal Tiger Hotel, near which ,tho disturbance occurred; l Hassett-i.lived about one hundred yards from* Mrs. "Thompson's. I Captain, F. Symons, of the New Zealand Artillery, produced the bullet by which lis had been struck. He was standing; about thirty yards from Mrs. Thompson's shop at tho tiiiie,'and the bullet penetrated his overcoat and other clothing, nnd struck him. The weapon from' which the bullet camo. would be'a small, 22,-calibro revolr'er—a cheap r.oyolver. He had tested such a weapon, and; had . found that tho bullet wbuld penetrate half an inch into wood, at a distance of thirty yards. An Artillery gunner, Charles Brodie, deposed that ho was struck about tho top of his puttees by a bullet similar to.thp.t w.hich hit Captain Symons; but was not awaro of it till'nest morning. The shots 'were coming, from"the direction of Mrs. Thompson's shop. Detective Cassells Denies Accusations. Detective-Sergeant Cassells said that .when, ho arrested Hassett on November S, Hassett first asked witness if he had seen the riot. He (the detectivo) replied that he had, and Hassett said, "I didn't see' you." On the, same' ovening, at tho police station, witness charged Hassett with attempting to shoot Commissioner Cullen. Hassett replied that ho had not been present at the riot. Later, however, he admitted being present, and added that he had had a row with a man named De Sousa, and had given him a crack. At this stago Detective Cassells was informed of what the witness Kelly had said regarding tho written statement. Referring to Kelly's statement as to certain,alleged promises, DetectiveCassells said: "That is absolutely without foundation. I'madeho such statement. He wanted mo to promise, that' I would not malfe him . a witness. I mado 110 promise whatever." The detective added, also, that ho made r&-' threat. Mr. O'Regan: How did you come to know that Kelly was'there? Detectivo Cassells replied that it was in consequence of something which ha hod been told by Lieutenant Richmond. • Mr. O'Regan: Ho was uneasy when you interviewed him?—"l can't say' what was in his mind." 1 Mr. O'Regan: It is Said "the dqvil himself, knoweth not the thought of man." '. Ho was uneasy when he made that statement?—No; ho improved with ago. . Ho.was discussing revolvers wiH\ mo at the finish." Then I, may take it that your manner reassured hirn?—"Yon can have it that way if .you like." The detective added that Lieutenn'nt Richmond was present ; when Kelly mado his* statement. This' concluded tho easo. for tho Crown No evidence for the defendant was cf.ll»d.* • , : Mr. O'Regan, in addressing the jury, 'remarked that.none of-the witness for the Crown had sworn that Has9ett fired the shots, and the. Crown had therefore' not discharged tho onus' of proving, a charge so serious that, if found guilty, Hassett was liable to imprisonment for life. His Honour's Opinion of Kelly, During his summing tip to the jury, His Honour remarked that Kelly was not'a reliable witness. "Tho man is, on, hip own admission, a liar," - His. Honour pointed out' that two witnesses had sworn that'.Hassett was at the riot,

and,others lind deposed that tho man whom they had noticed was very like tho accused. Tho evidence on the charge of his having fired at Commissioner Cullen, however,- was slight.

The jur.y wcro in retirement about an hour and a half. They ultimately announced a finding of guilty 011 tho clinrgo of having taken part in a riot, und findings of not guilty on tho other charges.

Hassett \vas remanded till to-morrow for sentence.' His Honour remarked that lie found that wcro a number of, marks against the prisoner for assault and resisting the police.

FEATHERSTON STREET RIOT. ■ COCKELL ACQUITTED. William George Cockell, a seaman on s.s. Maori, was charged with having taken part in a riot in Featherston Street 011 November 5. He pleaded not guilty, and was defended by Mr. P. J. o'Regan. Mr. P. S. IC. jlacassey conducted the case for.the Crown. George C. Tripo and Kenneth Duncan, who wcro spccial constables in tho grounds of . tho Government Buildings on tho occasion of tho riot, deposed that they had seen Cockell in the vicinity. They had not seen him throw stones, and it was true that, when apprehended, he had protested that he had not thrown anything.' Wliliam S. Bennett, manager for Dalgoty and Co., Ltd., who assisted to arrest Cockell, stated that he saw accused enter tho grounds through one of', the gates, and, as ho passed through the gateway, ho turned and appeared t-o throw something. He did not see a missile leave the man's hand, but he saw him stoop, as though to pick up something, and, immediately afterwards, his arm went through the motion as of casting a missile. He considered that Cockell was the man whom he saw, but -he would not like to swear positively that he was. ' Alexander- Robert Kennedy, 'special constable, stated that ho saw the accused near tho Art Gallery when tho riot was in progress. He could not Bay thai Cockell was taking part ill the riot, though he appeared to bo taking, an interest in it. Ho did not see him throw stones, bnt he was in the rioting' crowd; and was not endeavouring to got away from it. : Addressing the jury briefly, ' Mr. O'Eegan Baid that, without reflecting 011 the Magistrate who heard the case in tho Lower Court, he would say that the case was one which should never havo reached the Supreme Court. He then put his client in tho box. • Tho accused Cockell swore positively that ho had'not taken any part in the riot, and that-he was in the vicinity merely as a spectator. Ho had run into tho grounds at tho Government Buildings to escape a charge by the mounted specials. As soon as ho got into the grounds ho was arrested by men who alleged that ho • had been throwing stones, but a Mr. Corrigan told- the specials to ' leave 'defendant alone,- as he had taken 110 part in the trouble. His Honour said- that the case was not a strong one, but there wero some phase's which must bo pointed out. Tile special constables had given, thoir evidence with extreme fairness, and their .word could bo relied upon as tli'e testimony of men who had como forward to state what they had seen and not, to colour their evidenco for the purpose of getting other men into trouble. The chief , thing against , Cockell was the evidence of tho witness Kennedy. This witness had seen him moving to and fro among the rioters. Strictly under the law a person who formed part of a rioting crowd- by going 'among them was responsible'. It was the duty of all good citizens to go away from such a disturbance. However, tho accused appeared to have borne a good character in; the pasty and 110 was re-engnpod on hisi; steamer;''(tho Maori)'>immediately' that the ferry service was resumed. • After bniiifj in retirement about ten minutes, the jury returned with a- verdict of not guilty ~ ■ w GUILTY OF RIOTING. 1 THE MELEE ON NOVEMBER 5, The last case of the day was that o v Carl Johnson, a 1 seaman, who was charged with having taken part in the Featherston Street riot of November 5 and witli having assaulted spccial constables. \, Mr, P. J. O'ltegan defended Johnson, whose plea was not guilty. The Crown case was conducted by Mr. P..S. K. Macassey. The evidence of special constables who were on duty in the grounds of Government .Buildings was produced. Wilford Skcgg'said that somo ,of the crowd burst into tho grounds, H.hc accused among them, and that accused then had missiles in his :hands! He had seen- accused ' throw stones in tho direction of Featherston Street.

; Bcrnard Eustace Vauglian ' deposed that lie saw accused in the grounds on the afternoon of,the riot. Ho assisted to" arrest the man, who first of all said that he s wa3 not a striker, but subsequently'said that lie was. Johnson did riot have: stones in his possession when arrested. ■ ■ ■ v . : Henry Holmes gavo evidence that he had seen' Johnson rush into the grounds', There was a disturbance at tlie Whitmoro Street gate,' and. whilo witness vras. looking in that direction, he saw the mail running through the pounds, and heard someone call out, "Stop that man!" Just before Johnson reached witness hf» fell, apparently from the result of a blow. He had not teen Johnson throw a stone, and had not searched him- for missiles. Mr. O'Rogan, when addressing the jurv, paid a tribute to the special constables for th* manner in which th n y hod given their evidence. They had, hn said; been absolutely fair and ironartin! in this and in Coekell's case, and had. if anything, shown a desire to not be.too hard on iho men against whom they appeared. ...... Counsel then called the accused, Carl Johnson, who said that the onlv thing he cast away was an empty match-bos, and this he-did not throw at nnvoire, but flung away with an exolama; 1 -."- distnist at having, through curiosity, walked into wlvt .appeared to bo a tran beacon the strikers and the "sneci' , ls." ino .jury took an hour and tbivequartors to consider the cases. Thev then returned a verdict of guiltv of hnyms taken part in a riot, and of not guilty of assault. Johnson will appear for sentence to-morro^v.