ALLEGED DISLOYAL UTTERANCES

Dominion, Volume 11, Issue 24, 23 October 1917, Page 9

ALLEGED DISLOYAL UTTERANCES

BUSINESS MAN CHARGED

COMPLETE COLLAPSE OF THE CASE Mr. S. E. M'Carlliy. S.M.. presided at tho Magistrate's Court yesterday. William Henry Hollingsworth was charged with making utterances with intent to excite disloyalty in respect to the present war, to wit: " tho King! Koch der Kaiser!" Tho words wero alleged to lihvo been used in tlio private bar of (110 Now Zealander Hotel on Friday evening last. Mr. J. J. M'Grath, with him Mr. V. B. Willis, appeared for accused, and Inspector Marsnek prosecuted. Constable Geargo Gunn stated that on Friday last he was in .Manners Street, in privaio clothes. A soldier came to him, and as the result of the conversation 110 told the soldier to go back to tho hotel, and followed him in. Tho accused wns there, and was talking to tho soldier, .Private Anderson. They were together at the bar, and Private Anderson, raising his glass, said: "Here's to the King." Accused looked around, and said: " — with the King"; he also said: " the King!" and, taking up his glass, said: "Hoch der Kaiser!" Tho barmaid wns at the other end of tho bar, and could not have heard what was said. Witness tapped him 011 tho shoulder, and said he wished to speak to him. He took him out into the passage, and told him lie wns a ronstnble, and charged him with using- disloyal utterances. The Accused replied: "I was only barracking tho barmaid." AVitness then arrested accused, and took him to tho station, where he was again charged with using disloyal utterances, when accused said: "I did not say it," To Mr. M'Grath: There was 110 soldier in tho bar in uniform except Private Anderson. AVitness was about four feet away when ho henrd tho accused make use of the disloyal words. Accused lind a strong dialect. Whilo in the passage, witness asked to be taken back into the bar, as 110 wished to see somebody there to call as a witness. He was taken back to the bar, but there was no one there lit), wished to speak to. The accused and Private Anderson were talking about the war, but witness could not catch what was being said. AVhen accused made the disloyal utterance 110 raised his voice. AViiilo on tho way to the station accused said he was. barracking tho barmaid, because he thought sho was disloyal. Ho mado that statement in tho passage of tho hotel also.

Private Frederick Anderson, a member of' the New. Zealand Expeditionary Force,' said he was in tho New Zealander Hotoi on Friday night, he got a drink, and sat down on a seat. Accused camp in, got a small beer, and. sat down by wituess. Accused was not aobar at the time, and witness admitted that ho was not quite sober himself. Ho was not so drunk that ho could not remember what happened. Accused said tho Germans were raying that they were licking us now. After some further conversation they walked up to the counter, and had another drink. Witness picked up his glass, mid eaid: "Here's to tho King!" Tho accused "This is what they say in Germany: ' tho King, and Hoch der Kaiser.' " Witness then went into tho street and told Constable Gunn about the matter. Witness returned 1 to the hotel, joined Iho accused, and they had another drink together. Witness picked up liin glass, and said: "Hero's to tho King!" and accused said: "They wero still saying in Germany 'the King, anil Hoclv dor Kaisor!'"

To Mr. M'Grath: He was drinking all day and was pretty full when he went into the hotel. He admitted that what ho was stating was tho recollections of a drunken niati. On the spur of tho moment ho thought tho accused was disloyal. What accused did say was that " —- tho Ring and Hoch nar Kaiser" was what they were saying in Germany. This closed the case for the Croivn.

Mr. M'Grath, for tliu defence, said there was no case to auswor. Ho quoted the clause of the regulation under which tho charge -was laid. He pointed out that accused had voluntarily enlisted and was rejected as medically unfit. He was a thoroughly loyal man. The coustable heard only a part, of what was said. He had ten witnesses to call, including •a returned soldier, whom they were able lo secure ot Iho last moment..

William Jtonry Hollingsworth, the accused, in giving evidence, said that lie was a clothing manufacturer, rarrying on business with a partner nl. 53 Lower (Tuba Street. He was sober when lie went to the hotel. He saw u soldier there—not Privalo A nderaon—and they p>t talking about the war. The barmaid said in a "barracking" tone, "Ihe Germans are us good as the British.' lie got excited over this, thinking that sho meant it. Ho picked up his glass and said in a louder tone, "Sho would probably say "Hoc-h der Kaisor,' but I say 'Her'e's luck to the King.'" Witness denied having said "to —- with the King." When ho was called into the passage he was accused of using seditious language. Ho asked to be taken back to tlio liar to sec the soldier he luid been talking to, but wtion he was taken back the soldier had gone. _ Witness lmd never made use of disloyal utterances in his life. He was a Yorkshireman, and was a great supporter of his country and its causa. To Inspector IJarsackWhen 'ie was talking to the barmaid it was flic only occasion on which ho said "Here's luck to tho King." He never had any con-\-ersatioti with Privnto Anderson in. this hotel. Anderson had fabricated the whole of his evidence, and the constable's evidence was also a fabrication.

Isabel M'Mnstei's, barmaid at tho New Zealander Hotel, said slio served _ the accused with drink on Friday night. Private Anderson was in the bar—Hollingsworth was talking to a soldier about the war. and ho was very patriotic. Several times lie raised liis glnss and said, "Here's luck to the King." Witness said to him, "You are very patriotic," and ho replied, "Yes, I am, and I am proud of it." Hollingsworth and a soldier went out later on, and Private Andnrsou returned and. said Hollingsworth was woll settled. Ho said the accused was a German; he could tell that by his twang. The conversation about the war had been going on for some time boforo the constable came in. There was no bad language used the wh<jle time. She (lid not ,liear any disloyal utterances. Private _ Anderson was under the influence of liquor, and witness had refused to serve him. Constable Gunn returned to the bar and asked witness if sho knew the accused, and she said no.

To inspector Marsiudc: Sho did not liear accuscd say anything _ about the Kaiser. When Constable 'tinnn came back to the hotel and asked her if sh» knew Hollingswortli she said no, because sho could not identify him from the description. It was not until Private Anderson cauie back to the hotel that sho wns able to recognise the accused. Blliel Margaret Thompson, business partner of the accuscd, also Rave evidence. Mr. M'Grath was proceeding to call other evidence when the Magistrate intimated that it was not necessary. He recounted the evidence Riven, and said accused iiad sworn, that ho luid not spoken to Private Anderson, and that was corroborated by the barmaid. Tt was probable also that the constable was mistaken, and he would therefore dismiss the information.