THE CASE OF MESSES L. STEVENSON AND SONS.

Globe, Volume V, Issue 573, 20 April 1876, Page 2

THE CASE OF MESSES L. STEVENSON AND SONS.

Fight fob Possession op the Pbbmises. We condense the following account of this ocsurrence from the report published in the Argus of April 10th : “The case in which Messrs L. Stevenson and Sons are charged with furnishing false invoices to the Customs, assumed a new and exciting phase on Saturday, which resulted in an appeal to force, and a breach of the peace. It was stated in the Argus of Saturday, that the firm had refused to produce certain private memoranda received from their London firm, and that, in consequence of this, and the unsatisfactory nature of some of the evidence given, the Customs authorities had attached all the dutiable goods in the warehouse, and placed five Custom house officers in charge, pending investigation as to whether the full dntv wa» paid on those goods. A letter was published in the same paper from Messrs L. Stevenson and Sons, stating that after a rigid investigation, extending over three weeks, the firm were asked to produce certain private memoranda received from their London firm, and that they refused on the grounds that these memoranda were sent solely for their guidance in fixing the selling price, with discounts, allowances, and expenses, which were of a private nature ; that they had nothing to do with the true value of the goods, which appeared in the invoices already produced, that the production of these memoranda would expose the minutiae of the business to the trade, to the firm’s probable detriment; that the value in the invoices produced were proved by the Customs’ own experts to be correct, and that the firm understood this was proved to the satisfaction of Mr Guthrie. The letter further stated that every facility had been given to the officers by the firm. “ The five Custom-house officers remained in charge of the warehouse, which is a very large one, on the south side of Little Flinders itreet, between Swanston and Elizabeth streets, until about noon on Saturday, when the employes of the firm assembled in force, and proceeded to turn out the officers, who found resistance useless igainst such numbers. The employes then barricaded every door with what appeared to be heavy cases or bales of goods, which were tiled up high and deep against the doors. Mr Guthrie, collector of customs, then sent to the Russell street police barracks, and •btained a small squad of constables by virtue of a ‘writ of assistance,’ which is a legal

docum ‘.lit authorising the officers of fustoß a to break into any store or warehouse in the execution of their duty, and to call for any assistance from the police and others which they may require. By this time a large crowd had assembled, and inspector By all, who had been informed of the affair, brought down another body of police, who were reinforced as quickly as possible by other small detachments, till there wore about thirty constables present, who had enough to do to keep back the crowd from the front door of the warehouse, where the Custom house officers were pausing before taking further action. The police had previously forcibly dislodged from the doorsteps a crowd of the lumpers who had been engaged to eject the officers from the building. 1A notice was then posted on the wall outside the door, signed by Stevenson and Sons, stating that they had been advised that the recent seizure by the Customs was illegal, and that they would resist further attempt in that direction, and hold any person doing so personally responsible.]

“The next active measure, there b-ing a good force of Customs officers and police present, was a demand by Mr Guthrie, through Inspector Ryall, for admittance to the warehouse, which was decidedly refused. Mr Guthrie said that if not admitted peaceably he would force the door, and said he would give Mr Stevenson five minutes to send for his solicitor and consider whether he would open the door, and produced the writ of assistance, which he intimated empowered him to do so, Mr Stevenson wanted to look at it, but Mr Guthrie declined to let it out of his reach, and it was read by Mr Ryall, whose voice was inaudible amid the cries of the crowd. Mr Riggall, solicitor, was sent for, and admitted by a side entrance to the warehouse. It was then five or six minutes past 3 o’clock, and at the end of the five minutes, in reply to a further demand, Mr Stevenson said that if Mr Guthrie broke broke open the door, it would be at his own risk, and referred him to the notice posted at the door, a copy of which had been sent to him. A farther period of several minutes was then allowed to lapse without anything being done, and then the officer asked, ‘ Shall we break in, or will you let us in?’ to which was replied from the window, ‘ Whatever you do will be at your own risk.’ Mr Guthrie said, ‘ That’s not the question. Will you let us in, or must we break in ?’ and received the reply, ‘You can please yourselves.’ Upon this it was decided at once to break open the door, and two or three of the Customs officers set to work with a couple of crowbars and an American axe to break open the door, which was a strong folding wooden one, apparently lined with sheet iron. The door was rapidly disfigured, a couple of panels being knocked in and large splinters taken off at the point where the two halves meet; but it was soon seen that the job would be no easy one, as after the door was broken in these places, a solid backing of cases full of something was observed to block the door inside from top to bottom, so that it was impossible to smash it inwards. Efforts were then made to prise the door outwards, but the jambs were very strongly made, and though one leaf was split from bottom nearly to the top, it could not be got out. At this time the excitement was very great, and the crowd surged forward and backward in such a manner, owing to those outside pressing the others closer in, that the police had much difficulty in keeping a clear space for the men to work in. At the same time there appeared to be no inclination on the part of the assemblage to interfere, and those who could see what was going on derived great amusement from the abortive efforts of the axemen and others. Every miss of the axe was greeted with yells and roars of derisive laughter, and much chaffing advice. Loud suggestions were made to get a ladder, and effect an entry by the fanlight over the door, and after a while a ladder was brought to the spot, and reared against the door in the midst of loud cheers and shouts. The fanlight was a space of about sft long by 3ft high, .filled by a single sheet of clouded plate glass of the same size. A young man ran up the ladder with the axe, and speedily shivered the glass, making a hole through which a large man could effect an entrance. Several young men were then seen through the aperture, evidently standing on the cases inside with Heir heads almost level with the top of the fanlight, Mr Guthrie then went up the ladder, and tried to get in, being loudly cheered by the throng, whose excitement now became so great that the poMce had their bands full in keeping them back from the door. He was repulsed, however, by the young men inside, who pushed him out of the fanlight back on the ladder. A niece of the door was then handed up to Mr Guthrie, who proceeded to smash in the rest of the glass, but he was met by similar tactics on the part of those inside, who, while pushing at him, knocked the glass outwards, so that it fell on him. Finding himself hard pressed, and his hands being cut, Mr Guthrie began poking at those inside with the stick, in the hope of driving them back, whereupon one young man, whose name was said to be Wilkinson, seized the stick, took it from him, and struck Mr Guthrie about the head and shoulders with it, alternating the blows on him with others on the plate glass, large pieces of which fell on Mr Guthrie’s neck and head. Someone then reached out his hand and struck Mr Guthrie’s hat, sending it flying into the gutter—a performance which was greeted with cheers and roars of laughter. Wilkinson then began beating down Mr Guthrie with his hands, backed up by others inside, and there seemed great danger of Mr Guthrie, who is an elderly, heavy man, coming violently to the pavement. At this moment the excitement was something tremendous, and the cheers, groans, and varied cries of the crowd were perfectly deafening, but no effort was made to interfere. Mr Guthrie was wildly fightincr at the top of the ladder, with b’ood on his hands and head, while Wilkinson, with his face and shirt front spattered was beating him down with his hands, and the Customs officers below were trying to climb up the ladder over Guthrie, and to reach those inside with crowbars. Mr Guthrie was at last forced back, and came down the ladder bleeding from cuts on the head and a serious scalp wound. He was first taken to the hospital, and then removed home by his medical attendant. An attempt was made to haul the ladder up through the fanlight but those below pulled it away. Finding this way of entry impracticable, the Customs officers determined to get in by a window on the basement, extending both above and below the footpath, and protected by an ornamental iron grating. Some vigorous blows were dealt on this grating with the axe, and, ■being of cast ion, it quickly gave way, the

pieces flying around and smashing the glass. The iron and glass having been sufficiently knocked away, two or three custom house officers tumbled themselves in the best way they could, loudly calling on the po'ice to assist, Inspector Ryall immediately rolled himself down, calling on his men, who followed in quick succession fill there was a good force of customs officers and police present. A.ll this time the crowd were frantically pushing forward to get a better view, and in consequence of several of the police having to leave the ring to go below, the little bit of reserved pavement was almost rushed ; but the remainder of the constables with the assistance of the inside citizens, who were afraid of being crushed against the warehouse, succeeded in clearing a space again. Meanwhile there was no row heard inside, and people could not make out what had happened. A confused mass of heads, some distinguished by police caps, could be seen below through the window, but the employes upstairs and on the bales behind the front were still looking out on the ground from the windows and fanlights smiling and. interchanging chaff with the crowd as if no entry, had been effected, It was immediately concluded that the customs officers and police, although they had got into the basement were unable to proceed into the body of the building in consequence of all the ways of ascent being barricaded. In a few moments, however, this idea was dispelled by the sudden commotion among the employes at the fanlight, who all at once stopped smiling, and disappeared precipi tately, to be immediately replaced by a number of policemen. It was then seen that the authorities were in possession, and that resistance had been abandoned. It was afterwards ascertained that when the officers and Mr Ryall bundled themselves through the window, they met with scarcely any resistance, though some lads made some show of fight at first. Mr Ryall and the officers then went to Mr Stevenson, and had some argument with him, which ended in Mr Stevenson saying that as the Customs had effected a forcible entry, he would offer no further opposition. As soon as the true state of affairs became known, the crowd began to disperse, and was rapidly reduced to a collection of knots of persons eagerly discussing the affair. It is due to Inspecfor Ryall to state that he behaved throughout with coolness, moderation, and tact, and to his men to say that they emulated the example of their leader, and thus, instead of exciting animosity, gained the support of the crowd, who, although it chaffed them when occasion offered, yet carefully abstained from attempting to dispute their authority. Before the fight at the fan light, Mr Ryall sent for the mounted troopers, who subsequently arrived, and also for the Mayor, in case it should be necessary to read the Riot Act. Mr Smith attended, but his services were not required, The Customs officers, to the number of about a dozen, remained in possession, and Mr Stevenson and all his men, with one exception, were suffered to depart in peace, after which the police left the building, and marched away, except five, who were stationed at the front door and gate of the warehouse yard, to prevent strangers interfering. The exception in the employees referred to was Mr Adam H. Wilkinson, salesman, a young man of twenty-seven, who was given in charge by Mr J. Chatfield Tyler, AssistantCommissioner of Customs, who was present during the disturbance. Mr Wilkinson was taken to the city watchhouse, and charged with resisting and violently assaulting Hugh Miller Guthrie in the execution of his duty. He was not locked up, being immediately admitted to bail by f’e Mayor in his own bond in £SO, and one surety in £50." The Argus of the next day says:—“The proceedings taken by the Customs department against the firm of Messrs Stevenson and Sons were brought under the consideration of the Cabinet yesterday afternoon. It has been resolved that action shall be taken both against Mr Stevenson and against Mr Wilkinson for obstructing the Custom house officers in the discharge of their duty. Under section 181 of the Customs Act the offence of obstructing any officer of Customs in the execution of his duty is declared a misdemeanor, and the offender is liable to be sentenced to hard labor on the roads or other public works of the colony for any terra not less than one nor more than five years, or to be imprisoned in any house of correction or common gaol for any term not exceeding three years. It was also decided to stop the letters of the firm arriving by the present mail, with the view of disoo-ering whether fraudulent invoices were sent. This power is given under section 6 of the Post Office Statute Amendment Act. During the day business was carried on as usual in the warehouse of Stevenson and Co, Flinders lane, the Custom bouse officers in possession taking care that no dutiable goods were dealt with. There are still gome constables kept on duty outside the premises, and a good many people during the day went to the spot, looked at the broken door, grinned, passed a remark to the public about ‘ a good smash,’ and passed on to make way for others who went through the same performance, with variations. This lasted all day, and probably nearly every one in Melbourne yesterday saw the shattered panels. An application was made yesterday to Mr Justice Fellows on behalf of Messrs Stevenson lor an injunction to prevent Mr Guthrie and the officers actiug under him from molesting or interfering with the plaintiffs in carrying on their business, it being contended that the law gave the Customs no power to break into a house and seize goods which had paid some duty. His Honor said that if the department had done wrong the officers and the Government would be responsible in damages, and that he never granted an expwte injunction unless the damage sought to bo restrained was such as was irreparable. He therefore directed notice to be given to Mr Guthrie. A summons was afterwards taken out, calling on Mr Guthrie to show cause why he should not be restrained by injunction from molesting or.iuterfering with the plaintiffs’ business. Tins summons will be debated this morning before the Chief Justice.”