STRIKE RE-TRIAL

Dominion, Volume 7, Issue 2149, 15 May 1914, Page 5

STRIKE RE-TRIAL

MAN APPEARS FOR THIRD TIME ROYAL TIGER RIOT. THE JURY ONCE MORE AT ODDSAt the Supreme Court yesterday, Robert Hill, a young mail, came before a jury for the third time on a charge of having taken' part in a riot on the night of-.November 4. This was a date during the striko period. At the previous ■ sessions of tho Supreme Court accused had been tried by two juries, which had disagreed. Yesterday Mr. H. H. Ostler prosecuted for the Crown, and, before tho retrial came on, Mr. E./J. Fitzgibbon, on behalf of accused, made an application, in Chambers, under tho amending Act of the Justices of the Peace Act, 1912, that counsel for the defence should be provided by the Crown. In doing so ho pointed out that accused had borne tho costs of tho two previous trials. As a result of this application counsel was assigned, and a recommendation made that costs should be paid. Mr. Fitzgibbons appeared for accused! The following jury was empanelled:— Messrs. H. L/Godber'(foreman), D. Higgic, H. M'Hnahj S. Crowther, J: Daviso'n, W. Gardner; E. Colcmaiv'C. E. Bell, Alexander Ross, H. G. Lockett, Leonard Palmer, and E. Morgee. In' outlining the case, Mr. Ostler said that, between 7 and 12 o'clock on the night of November 4,. some 800 or 900 persons had gathered in front of the Royal Tiger Hotel, Taranaki Street. It _ was an angry crowd, and stones, bricks, and other missiles were thrown at tho windows of tho hotel, because it was.thought that tho landlady had served drink and meals to special constables. Police officers, who would be called as witnesses, would say that it was a sorions riot. Evidence would also be brought with a view to showing that accused had taken an active part in it, and had actually obstructed tho police in arresting a man who had thrown a stone. More than that, it was alleeed that ho had followed tho constables, ami had thrown . a lemonade bottle, which had struck one of them. Constable Longbottom pave evidence that accused was one of the men who appeared to be obstructing the police when they'ware arresting a man named Campbell. He could not say whether accused was obstructing intentionally. Constable Mao Donald, of Taihapc, ■who had been on duty in Wellington during the striko period, said that he saw Campbell throw a stone while the riot was in progress, arid, with Constable Longbottom, he arrested.the man. Tho crowd was hustling'them considerably, and two men tried to get the prisoner away. Accused was standing against witness, but was not touching the prisoner. Ho was- simply standing in the- way to prevent Campbell fromi being taken away. Tho crowd was decidedly hostile, and was throwing, stones. Constable Longbottom had been hit with a 'lemonade bottle. Witness had hoard the chink of the falling bottle. and, glancing over his shoulder, had scon Inspector Hendrey seize'accused. Inspector Hendrey stated that he had seen tho flash of the bottle in accused's hands as he threw it towards the conitables. When witness saw hand beginning to come up, preparatory to throwing, .he rushed towards him and arrested him. For the defence, Mr. Fitzeibbons called accused, who stated that on .the night of' November 4, after leaving his work, as a milk carter, at 8.45, he was proceeding home. Ho could not have stood,in tho crowd at the Royal Ticcer Hotel for nioro than a minute. While ho was there the police had arrested Campbell, but accused did not attempt to molest them. Ho did not throw a bottle, and he took no part in .the riot. To Mr. Ostler: He did not remember Inspector Hendrey; saying-'that his. ar--j. lest was in consequence.'of; throwing a bottle. He was; excited at the manner in'which ho had been pounced oii. Tho jury retired ■ at 3.40 p.m., and returned at 7130 p.m.- ' The foreman announced that members of the jury were unable to a<*rop. and l tlie jury was then discharged. The Crown Prosecutor (Mr. H. H. Ostler) stated that he would make- a statement in regard to the case later on. THANKED IN COURT. % WITNESS AND A PUBLIC DUTY. AVhen an old' man named Wm. Hickey, who was charged with indecent assault on a littlo girl, was called for retrial yesterday, before Mr. Justice Hosking, Mr. H.H. Ostler, for the Crown, said that ho desired to make an application. When tho case opened, ho said, tho evidence consisted of that of the- lady who.laid,the information, and tho littlo girl, but, as the case proceeded, tho evidence of tho littlo girl, owing to her immature age, became of no value, and the;, caso resolved itself into the evidence of the, complainant and accused. If the case were proceeded with again it would bear tho si'.Kio aspect. He had taken the advice, of the Crown Law Officer, and had resolved to cuter a nollo prosequi. In taking that course, said Mr. Ostler, ho did not wish to throw discredit on tho evidence of the lady who had como forward to lay the. information, but mereiy becauso tho Crown recognised that it was unsafe to convict on tho uncorroborated evidence of one person. Happily, in'the present caso, no harm, either moral or physical, had been doiie to the girl. In conclusion, Mr. Ostler remarked that the lady who was the witness deserved tho thanks of the Court for coming forward. His Honour thought that the proper course had been taken, and said that ho would like to concur in the observations with reference to the manner in which the lady who had given the information, had discharged a public duty. There was no doubt, he said, that many similar cases failed to come before tho Court becauso of tho reluctance of women to givo evidence in public, so that the present witness deserved commendation from the public, even although sho might havo been mistaken, which, however, ho did not suggest. Nevertheless, accused was now entitled to the assumption that it was probably a case of mistake. His Honour also said that the Grand Jury had bronchi in a rider commending the lady on her action. Accused was then discharged. FOR SENTENCE. THEFT OF COPPER OFF HULK. Charles Charlewood, a young man, who pleaded guilty to the theft of a quantity of copper from the hulk Jubilee, came up for sentence yesterday. His Honour said that he had decided to admit accused to probation, on condition that lin fulfilled the offer made by Mr. H. F. O'Leary, to repay the money (£l7 10sl}, represented by the theft. Twelve months' probation was granted, a similar time being allowed (or the repayment of tho money. Thoft at 16 Years. Probation was also granted to a youth of 16, named Christopher James White, who had pleaded guilty to the theft of property valued at £23. £21

of the stolen nibiiey, together with « watch and overcoat, was discovered on the accused,, and would bo returnee Id their -owner. Accused was workins ;;t tho Cable Station, prior to the theft, which was, froni a fellow-employee. ' Probation for 12 months was granterl, a'condition being'the payment o{ £3 towards the cost- of the' prqsecu- , tiojl. . ■■