COMMUNISTS IN COURT

Dominion, Volume 14, Issue 280, 20 August 1921, Page 8

COMMUNISTS IN COURT

SELLING BANNED LITERATURE ) ONE MAN SENT TO GAOL TRAINING COLLEGE STUDENT FINED £lO Students of Victoria College and watorsiders were in strong force in tho Magistrate’s Court yesterday morning, for both appeared to have special interest in the charges of selling seditions literature that were preferred against two men and a young woman. The two men are watersiders, and the young woman is a Training College student. Mr. F. K. Hunt, S.M., heard the charges. William Blair was charged with having on June 12 sold to Constable T. C’. Dawe, "The Australian Communist,’' which encouraged violence and lawlessness, in breach of War Regulation No. 4, of September 20, 1915. There was a second charge ,of selling to the same constable on Juno 16 “The International Communist.” Mr. P. 8. K. Macassey appeared for the police, and defendant was not represented by counsel.

Mr. Macassey, in opening, said tnat Blair was secretary of tho Communist Party. He took over tho position about eight or nine months ngo, when the termer secretary left Wellington. Constable Dawe purchased ''The Australian Communist'’ on Juno 12, and on Juno 16 purchased "The International Communist.” It was contended on behalf of the police that on page 2 of “Tho Australian Communist” lawlessness and violence in all countries, but especially in tho colonies, were encouraged. Constable T. C. Dawe, of Mount Cook, said that on Juno 12 ho visited the Communist Hall in Manners Street, and purchased from the defendant a book calico "A Catechism of Socialism” and a paper called "The Australian Communist." On June 16 he went to the same hull and purchased from defendant two papers called "The International Communist To tho Magistrate: When he went to the hall there were 16 or 17 people in the place. Some were reading papers. Blair was sitting behind a. table, and witness saw him sell documents to others. Witness went up to tho table and made his purchases. Constable J. D. M'Kay said that on June 10 he was in the hall and saw Blair sell to Dawe "The Internationa Communist.” On Juno 12 ho was in tho han and saw Constable Dawe make a purchase from the defendant. Thought Publications were not Banned. The defendant Blair said that ho had no intention of breaking the law. He thought ho could sell anything that ».i» not banned. His defence was that it tho publications were not tanned they could be sold. Four months ago ho had an interview with Sir Francis Bell, who privately informed him that as soon as any publications were banned he would be notified. He had not read the pamphlets and even if he had read them it could not be slated that he agreed wit! the views contained in them. He had ceived no advice that the pamphlets had Deen banned, and presumed that they could bo sold. The defendant intimated that ho did not wish to give any evidence on oath and did not wish to call any evidence. Not a Rabid Revolutionist. Mr. Macassey pointed out that there had been numerous prosecutions in respect to such offences, and it was the duty of the man to have read tho pamphlets and mad© himself familial with their contents. Blair was not such a rabid revolutionist as some others who had been before the Court. He had got into a groove and appeared content w remain there. . Mr Hunt: I am going to convict him. I am satisfied that these publications come within the scope of the regulations. Mr. Macassey said that Blair was a coal worker on the wharf and a good worker, but his health was not good. Ho was a single man, and had taken out n ticket for Sydney by the Manuka. College Student Conlmunist. Hedwig Weitzel, a young woman, was charged with having on June 19 sold to Constable J. F. M'Kay "The Communist,” which encouraged violence. Defendant was not represented by counsel. Constable M'Kay said that on June 19 he visited the Communist Hall and purchased from defendant “Soviot Russia" and “The Communist.” Defendant was sitting at the table selling literature. There were about 24) people in the hall. In answer to defendant, 'witness said he signed a nomination paper to join up with tho Communists. Duty of a Student. Defendant said that it was her duty as a student to make herself conversant with every school of thought. She had been in constant communication with the Customs Department on the question of importation of literature, and it was not until August 5 that she received notification that "Tira Communist” had been prohibited. She produced a letter from the Customs Department, which she said stated that prohibition had just been put into operation. Mr. Hunt, after looking at the letter, said: "These are only notices of seizures." The defendant: “Then we have not received any notification that they have been prohibited." She went on to say that tho charge was not specific, for it did not state what paragraph was offensive.

Mr. Macassey: Violence is Incited on pages 4 and 5.

Mr. Hnni: Hero is an extract. ".Members must be prepared at any time to change their activities from legal to illegal.” Surely that is enough?

Air. Hunt added that he would convict tho defendant. Report by the Police.

Mr. Macaosey then gave details from the police report, which stated that Miss Weitzel knew quite well the risks she was taking ■in dabbling in matter of this kind. Her mother, a German woman. had left for America some six months ago, taking two of her family with her, and had not since returned. Her father, also ti German, had died in Wellington «ome four 'or five years ago. Neither of her pa’onts were naturalised, and both during the w»r wore decidedly a’lti.-British. The family had lived in Buller Street, and the house Lad been a rendezvous for anti-militarists and revolutionaries of a pronounced character. one of whom was married to defendant’s sister. AU these men were arrested a ail imprisoned for talking nntl-conseriptlcn. It simply pleased the Weitzel family to encourage anything which would tend to weaken Britain’s fighting power. Defendant must have known all this, although she was young at the time. She wax constantly at tho Communists' Hail, and knew what the communists stood for. She assisted the party tn tho selling and recording of their literature, and was ns much a communist at heart as any of the party. An Energetic Communist.

George E. Wilkinson hud four charges preferred against him. He was charged with selling the publication known as "Inside Soviet Russia,” to Constable Dawe; with selling "The Irish Tragedy —Scotland's Disgrace” to ProbationerConstable R. W. Riggs, and with being in possession of "Knowledge and Unity," a prohibited newspaper (two charges).

Mr. Macassey said that the defendant had been an energetic member of the Communist Party, and had never missed a meeting. When there was a stop-work meeting, he was usually very busy on tho wharf distributing literature. He was a member of the Communist Party when Johansen, the late secretary, was sent to prison for selling seditious literature. Defendant sold the pamphlet “The Irish Tragedy” ten days after the decision of the Appeal Court was given. "Knowledge and Unity” was sold on the wharf. Evidence was given by tho police officers. A Speech Cut Short. Defendant said that he was a member ot tho Communist Party. He had not sold any literature advocating lawlessness and violence. He wished to show from his rending of tho pamphlets that there was nothing revolutionary in them, but the Magistrate cut him short with “I have read the publications and can form iny own opinion. ’ Defendant said he realised that the workers could never An any occasion effect their emancipation Mr. Hunt: I don’t want a speech. Defendant: Well, I will read you an extract; it is headed "Revolutionary Success’ is Assured.” " Mr. .limit. I will do all the reading, thank you. . Tho Magistrate said’he would convict defendant on all charges. Fines and Imprisonment. Tho three offenders were not sentenced until all the charges had been heard. Blair was fined .£25. with the option of two monthsl imprisonment. It was tl-aivd I’rmt ho had no money and would nnffiabh Unvc to go to prison. Hedwig Weitzel was fined JrlO, and was allowed fourteen days in which to find the money. Wilkinson was sentenced tc one month s impriMWiment on the first charge and Io a sindiar term on the third charge. Ho was cciivv’terl find discharged on the other'two. The terms are to be cumulative.