THE BOXING DAY OUTRAGE.

Globe, Volume XXII, Issue 1829, 2 January 1880, Page 2

THE BOXING DAY OUTRAGE.

The investigation of the cases of rioting and assaulting on Boxing Day were commenced this morriig in the Dis'rict Cburt, before Q-. L. Mellish, E«q., R.M.; his Worship the Mayor of Christchurch, J E. Parker, A Lean, J. P. Jameson, J. Oilivier, W. M. Haskell, J. Birch, G. L. Lee, L. Walker, and M Dixon, Esqs , J.P.’s. M. McAvey, Thomas Hanley, Patrick Ouddihy, Michael Conolly, Walter Teague, Thos. Magner, Patrick Shanaha”, Edward Murphy, Thomas Keeley, Charles Gawley, Michael Rock, John Mahonny, Stephen Barrett, Stephen Ryan, John Flaherty, Thomas Woods, Michael Leary, and Arthur McMahon were charged with riot and assault, and John Barrett with aiding and abetting Patrick Ouddiby and others in riot and as-ault. Mr Superintendent Broham prosecuted on behalf of the Crown, and Mr George Harper watched the cases on behalf of the Protestant Alliance Association. Mr T. J. Joynt appeared on behalf of John Barrett; Mr Joyce for Walter Teague; Mr Neck for Stephen Ryan, John Flaherty, Thomas Keely, Thomas Magner, John Mahon iey, Patrick Shanahan, Thos. Hanley, Michael Conolly, Patrick Cuddihy, Michael MoAvey, and Stephen Barrett. The Court was densely crowded, the gallery being filled to overflowing, and on the names of the prisoners being called they were formed in a semi circle on the floor of the Court, the number of the accused completely filling it. Thomas Anderson was the first witness called, but a letter was read from Dr. Nedwill stating that he would not be able to appear as he was not sufficiently recovered from the effects of his injury. Mr Neck wished to know if Mr Superintendent Broham intended to proceed against the prisoners in a body for assault or only against some of them; all had not been guilty of assault.

Mr Superintendent Broham said he intended to proceed against the whole of the prisoners on the charge of riot and assault. Thomas John Beresford, sworn, said—l am a carpenter, residing in Bt. Asaph street Bast. I remember the morning of the 26th of last month. On that day I went to see the Protestant Alliance procession leave the Orange Hall. I am Grand Secretary to the Orange Society—not of the Protestant Alliance. I saw the procession leave the Hall a little after nine o’clock, a.m. I counted ninety-six men in the procession but no women or children. The latter were in cabs and some on the the footpath. There was a band and banners and the procession was going by train to Prebbleton. Instead of following the procession by Cathedral Square I went down Manchester street. Seeing a crowd by Barrett’s Hotel I went direct there. The procession by that time had arrived at the crossing over Cashel street by High street. I also saw a crowd of twenty or thirty men on the footpath by Mr Black’s shop in High street. They were making for Barrett’s Hotel. 1 saw thirty or forty men going into Barrett’s yard and these latter joined them. The procession was just then in view. My attention being directed by seeing the men walking so quickly, I made for the gate of Barrett’s yard, and by that time the men had all got into the yard. There must have been from forty to fifty men in the yard and I saw eight or ten armed with pickaxes and pick handles, and I saw the others picking up pick handles and jain the front rank. I then went back to meet the procession, which had then reached Black's corner. I warned them that there was likely to be a row. The procession continue! to go straight ahead, and by the time they arrived at the gate of the Borough Hotel the crowd came out upon them. The gate is distant from the street just the width of the footpath. The men that came out of the yard began to beat the procession with their weapons. There would be about thirty men came out of Barret’s yard. The procession was moving into twos, and the men hit them on the heads with bludgeons and knocked them down. I saw nine or ten of them. They went right along the procession, and I saw them attack about the leading thirty, I could not say whether they attacked the remainder as I was put back by the crowd on both sides. The pick handles were used with a down blow with both hands. I saw eight or nine men knocked down. The procession was broken up. The first flag was taken from them. The only man amongst the prisoners that I can safely say was there is Thomas Hanley. I saw Him going from Black’s comer to join the crowd. I did not see him afterwards. I saw a witness named Toneycliffe take an axe handle from one of the prisoner, but I cannot say who it was. I was very much put about, and seeing Houston lying in the side channel, I picked him up and took him to the hospital. I saw the men take the pick handles from the door of a little house at the back of the hotel. The man Houston was injured. He had a nasty blow on the left ear. While I was at the hospital three other men were brought in. By Mr Joynt—l was at Barrett’s back ya'd about three for four minutes. I did not go into the yard. All the men in the yard, as far as I could say, went off the street. The procession was completely broken up when I went to the hospital. A good many in the procession heard me say “ There is going to be a row —look out.” The members of the procession were unarmed. Some of them had on crimson and others orange sashes. One of the banners taken had the Union Jack on it. Some of the banners were orange, others blue, and one had a Bible and Crown on it. The banners that were not taken were blue. The Bible and Crown was an oil painting. The name of “ Derry ” was on one, “ Inniskillen,” “ Aughrim,” and “ The Boyne,” on others. One had No. 2, L.0.L., on it. It signified “ Loyal Orange Lodge.” Mr Harper said he appeared on behalf of the Protestant Alliance Association, and had no objection to produce them, if necessary. Mr Joynt—Their production in Court might cause a row. [Laughter.] Mr Harper said he would take the responsibility. Witness —I do not know what tune the band played. It was not a party tune nor a Protestant. By Mr Neck—The man Hanley I think I can identify in Court. He was dressed much as he is now. By Mr Joyce—lt was about nine o’clock. I was not a marshal, and I had nothing to do with the procession. Alexander Houston sworn, deposed—l am a laborer residing at Rskaia. On the morning of the 26th December I formed one of the procession and left the Orange Hall with it. I was with it when it reached Barrett’s Hotel. I saw a number of men with pickhandles in their hands standing on the footpath opposide the door of Barrett’- Hotel. I mean the door of the yard extending up to the hotel. They came across the road and came on us with pick shafts. I could not say how many men there were. There might be about ten or a dozen. I saw the prisoner Ouddihy amongst those who made the attack. He had a pick shaft, but I did not see him use it. I did not see the pick shafts used, as I was knocked down at the first. I do not know what I was knocked down with. I received a blow on the left ear, and was taken to the Hospital. I was attended there by two doctors. Cuddihy was the only man I can identify in Court. I did not see John Barrett that morning. By Mr Joynt—l was in the thirl file of the procession. We walked in two's. I did not carry a banner, but wore an O range sash with King William and his horse on it. I don’t know the tune the band was playing. I have walked in the old country, but never in this country, in an Orange procession. I have been in the colony about eleven months. By Mr Neck —I never saw Ouddihy before, but I took particular notice of him. Ho was standing on the footpath. I cannot describe either his hat or his dress. By Mr Joyce—The procession would have reached Barrett’s about ton minutes past 9 a.m. I was told the procession left the Orange Hall about nine o’clock. Joseph Jouston, sworn, deposed —I am a grocer out of business. I live in the Springfield road. I was one of the procession on Boxing Day. I remember it reaching Barrett’s Hotel, Some men come out from

the hotel, armed with pick handles and bars of iron. I could not say how many men there were. They made a rush for the leading flag in the procession. They seised it. I did not see any weapon used. 1 was struck on the head, but I don’t know what with, or who struck me. I was strnckaboutthe time the rush was made for the leading flag. I was knocked down and rendered insensible. I was picked up and taken to the Hospital Amongst the prisoners in Court I recognise Cuddihy. He was one who laid hold of the flag. I did not seet John Barrett there. By Mr Parker, J.P.—I was struck behind the ear. By Mr Mellish—l don’t know how many men were there. By Mr Joynt—lt was my lodge, but was not an Orange lodge. Some of the men had orange sashes, but there were no orange banners. The banners were “Union Jacks,” and red and white. There was another blue flag flying, but I cannot say what it was. I don’t know the mottoes on the flags. I am referring to the banner that was taken away. I don’t know whether any of the banners bore the names of any of the Orange victories. I wore a sash of orange and bine. The same colors are worn by the Orangeman. All the men in the precession were not members of the Protestant Alliance Association. I believe there was a banner with No. 2 L.O.L. on it. That one did not belong to the Protestant Alliance Association. The men I saw armed came out of Barrett’s yard. _ The bar of iron I saw in one man's band was inch iron, and it was about two feet long. I don’t know whether I was struck with a stick or iron. It was Button’s band that was with the procession. By Mr Neck—l never saw Cuddihy before. He wore a dark, soft hat. All I saw him do was to rush for the banner. By Mr Joyce—We left the hall shortly after 9 a.m., but I cannot specify the time precisely. Thomas Adams, sworn, deposed—l am a dairy farmer, residing at Shirley I was with the Protestent procession on the 26th ult. I remember reaching Barrett’s Hotel. A lot of men rushed out from the yard of Barrett’s Hotel armed with pick handles. They knocked down every man in the procession they could. I was knocked down. I don’t know what I was struck with. I received a punch in the body. I was not insensible. The procession was on the way to the railway station. We were going to a picnic, at Prebbleton. I did not see Jofm Barrett, but I identify Hanley, in the Court. There were some women and children going to the picnic. When I got out of the channel my wife and five or six ohrildren were standing by me. None of the processionists were armed, but one carried a sword. It was a badge of office. The sword was not drawn. Hanley was the man that aimed the blow which I warded off with my arm, and I was then struck in the side and fell. By Mr Joynt—The man who carried the sword was in the front of the procession, I was in the fourth or fifth file in the ranks. I wore a blue and orange sash mixed. The sword, which I have seen drawn, looked as if it would cut. It was part of the uniform of the man who carried it. I swear positively it was Hanley who struck at me. I had aeon him before, and could not mistake him. I was not much hurt. By Mr Neck—l did not seethe sword drawn. By Mr Joyce—The procession le£o the hall at a quarter past nine to the best of my belief. Robert Howden sworn deposed—l am a laborer working in Loburn, and was in the Protestant procession on the 26th of last month. When it reached Barrett’s Hotel I saw two men :rush on the footpath opposite Barrett’s, with pick handles. They were followed by several others, some of them armed. I saw them striking all round at the procession. I was struck on the top of the head. I can’t say whether I was knocked down. I can’t remember. I was not insensible. I cannot say how many rushed out. I recognise two men named Bock and Keeley amongst the prisoners who rushed out from Barrett's. They were armed wi'.h pick handles, which I saw them use. I am quite restored to health. By Mr Joynt—There were about ten or twelve files in front of me in the procession. I was surrounded by four or five men, but I cannot identify the men who struck me. I saw Bock and Keeley striking all round them. I think I have seen them before in Christchurch. I swear I saw them strike blows, I was not much excited. The men with the pick handles mixed with the procession. I don’t remember whether the Orangemen showed fight. They were not armed. By Mr Neck—A banner was torn down, but I can’t identify the man who tore it down. By Mr Joyce—l don’t know the time the procession started. John Graham, sworn, deposed—l drive a baker’s cart for Mr Saunders. I was one of the procession on the 26th of last month. When it reached Barrett’s Hotel there were a mob of men standing on the footpath armed with pickaxe handles. There were about thirty of them. They “ hammered ” all they could get at in the procession. I was struck on the side of the forehead with a pick handle. I don’t know who struck me. I was knocked down and made Insensible for a moment or two. I saw any amount of blows struck. I recognise Cuddihy in Court, and I fancy I see another of the men in Court, but cannot speak positively. I am still suffering slightly from the injury I received. The men who had the pick handles rushed from out of Barrett's yard. Cuddihy was one who came out with a pickaxe handle in his hand. I belong both to the Orange Lodge (No. 3) and to the Protestant Alliance. Many of the men in the procession belonged to both lodges. Both lodges I believe are on a similar footing. As far as I know they have no degrees. The branch here is connected with one in New South Wales. I don’t think there is anything offensive to any one n the Alliance. They have a a ; ck fund of £T Is, similar to Foresters and Oddfellows. The device on the flag is the Union Jack, with the Bible and crown beneath it, but no name inscribed on it. The ground of part of the flag is orange. I saw the words “Derry,” “Inniskillen ” and “Boyne” on the orange flag, which was in the centre of the procession. By Mr Neck—Cuddihy was one of the men that rushed at the flag. By Mr Joyce—lt was about ten minutes past nine when the procession left the hall, and it would take about six or e : ght minutes to reach Barrett’s Hotel. The flag seized was the one with the Union Jack upon it. George Blair, laborer, deposed—l was walking with the procession on the 26th December, but without colors. I did not get as far as Barrett's Hotel. I got no further than Cunningham’s corner. I saw a rush of men coming from Barrett’s Hotel. They had pick handles, which they used against the processionists. I saw one man struck. Two men were on him and beating him. Ho was down. I went to pull them off, and was struck across the back. I received two more blows, one at the back of the ear and another on the top of the head. I could not tell who the man was that was knocked down. I was about the middle of the procession when I saw the flag pulled down, and I ran forward. I recognise Hanlay and Teague in Court. They each had pick handles. I did not get “ that far for’ard ” that I could see Barrett. (Laughter.) I belong to an Orange Lodge, but not to the Protestant Alliance Association. I never joined a lodge in Canterbury, and have been in the colony thirteen rears. I did not have my sash in my pocket. I am as good an Orangeman without it. By Mr Neck —I did not see Hanley or Teague strike anyone. By Mr Joyce—l did not start with the procession, but joined in at the back of the Bank of New Zealand. I heard the clock strike nine, and it was about half an hour after that I joined the procession, as near as I can say. Teaguo and Harley were abreast, and very near me. Both of the men were strangers to me. I had not seen them before. The next time I saw Teague was the day afterwards at the Police Station. I recognised him and pointed him out. I have not the slightest doubt about him. I was about 10ft distant from Teague on the day of the procession, Thos. Edward Toneycliffe, draper’s assistant, residing in Christchurch, sworn, deposed —I was marshalling the procession on the 26th December. I remember it reaching Barrett’s hotel. 1 was in the roar of the procession between Black’s shop and Cunningham’s comer. I saw the witness Beresford, as I thought, trying 'o count the procession. I saw the procession stopped, and the flag came down over the meu’f head. At the same time I heard someone say, “ They are attacked. I rushed to the front, and saw men pouring out thick by the back yard and side door of Barrett’s Hotel, armed with pick handles. A man rushed at me with a pick handle. I got hold of it, wrestled with the man, and took it from him. At the same time a man dropped at my feet, struck

with a pick shaft, two or throe men rushed at me. One-man held me round! thereof, and the other two struck me. _ I could not say whether they, had sticks or pick handles. I got a blow on the top of my head which knocked me on my knees. Iwm knocked amongst the crowd, and trampled on, but I scrambled up again. I warded off with my hands the blow aimed at my head. About this time a constable came along, and was taking away from the men pick shafts. Another man in the crowd made a rush, and sang out, “ Don't give up the pick handles.” This man was making through the crowd to get at the policeman, but I got hold of him. Before I did so, ho was calling on the others to assist him. David Barrett caught hold of him with me. I made a piiios er of the man whom I recognise in court as Michael* MoAvery. I also identify Hanley as the man I took the pick handle from, and also Cuddihy. I saw Hanley slash round with the pick handle. I saw four men strack down in the first attack. I gave the man into your (Superintendent Broham’s) charge. Yon told me who you were. A long black bearded man hit me on the head and cut it open, but I do not see him ia Court. I received four blows on the head, and my left arm was injured. I did not see John Birrett. By Mr Joynt—l swear the men who came from the side door, as well as back yard, were armed. Therefore about? ft*tJT -. There were ninety-eight or a hundred in my party, all being men. I belong to the Protestant Alliance Aasociationjtnd one Orange Lodge, Beresford does‘not belong to the “ Alliance,” of which lam the treasurer. I helped to get up the demonstration. There were two small Orange bannerets * and a banner and a flag. The flag was the Alliance flsg. It was red, white and_ blue, and had the Union Jack and Bible on it. It was yellow and blue on the lower part, and red white and blue on the top. The sashes [ were of the same color. The Alliance do not j recognise King William. They have nothing ! to do with him. The Alliance people were to head the procession and the Orangemen to follow. I never heard the sword was symbolical of victories which had been gained by it. The Alliance flag was lost and never recovered. - I heard it was trampled down in Barrett’s yard. By Mr Neck—l did not see Teague strike any one. By Mr Joyce—l was dressed in a black coat. Thera were about forty assailants, some in light clothing, but I can’t say how many. Blair joined the procession near Cathedral Square a little after nine. I saw him once during the row and ha was somewhat excited. I was pretty comfortable. The Court adjourned at a quarter-past one*, and resumed at two o’clock. The Court resumed at

William Johnston—Jam a laborer, residing at Bakaia. I was in the procession of the 26th of last month. I saw it attacked. I saw Ouddihy, Shannahan, and Michael Leary. I saw Cuddihy strike a man with a pick handle and knock him down. I saw the others striking at all those around. I was struck myself, but not knocked down. I recognised the men most distinctly. By Mr Joynt—l was about the tenth file from the front, about eighteen yards from the front. I did not see a man named Seres ford beckon the procession to stop. I saw no one come from the hotel .and tell the members of the procession there was likely to be a row, or see any one beckon men to go back. The first thing I saw was-the man rushing from the yard into the middle of the street. I cannot say for certain who Onddihy struck, or who struck me.. I wore an orange - sash. I am an Orangeman, as well as an Alliance man. By Mr Neck—l hare seen Shanahan before. - I saw him strike a man with a pickaxe opposite the Borough Hotel. I cannot say whether Shanahan had the. same clothes on as he wore then. I identify him by his - face. I have known Leary two months, and identify him by his face also. I have seen him in Barrett’s house. I picked Shanahan • out from a number of other men at the depot. By Mr Joyce—l do not recognise Teague. The procession was started a minute or two after 9 o’clock a.m., and it would take about ten minutes to get to Barrett’s Hotel. By Mr Brobam —I did not see John Barrett. The witness Beresford, re-oalied, swore to the banner produced in Court as having been used in the procession. It belonged to No. 2Orange Lodge, Christchurch. Thomas' Bees, sworn, deposed—l have a hairdresser’s shop in Manchester street, opposite the Borough Hotel. I saw the attack on the procession, and identify Hanley and Ouddihy as having taken part in it. Cuddihy was the first to come out from the gateway of Barrett’s Hotel. He waved a pick handle over his head and other men followed him. . I did not see John Barrett. By Mr Joynt—l do not belong to any order, and was in the procession. Joseph Hannan, sworn, deposed—l am ft fish-hawker, residing in Colombo street South. I saw the procession and the attack made on it. I recognise MoAvey, Kecly, and Beck as being amongst the attacking, party. Theywere armed with pick handles. I did not see John Barrett. By Mr Joynt—l was not one in the procession. By Mr Neck—l saw no one struck. I did not see the flag attacked. By Mr Joyce—As near as L can say the procession arrived at Barrett’s at half-past S • o'clock. David Barrett, carpenter at Bingsland, . sworn, deposed—l saw the attack upon the procession, and recognise MoAvey as being one of the attacking party. I saw him strike a young man down with a pick handle. That is the only man I identify. - I saw John Barrett standing in. the door of the hotel, immediately after the first rush was - made. The row was not oyer. It was about five minutes after the man was knocked down that I saw John Barrett. It was before MoAvey was arrested. Fighting, was going on at the same time. I can’t say whether he saw the fighting. It was ;n front of his - By Mr Joynt—Barretbar door, facing the 'about • the fifth or sixth l r °nt of the procession. Mtjhyn jro turned > Cunningham’s corner two ijfpn came from the direction of Barrett’s ns we should be witness - Beresford. I am an man, but not an Orangeman. I sK naen rush out-, stop the procession, andiHi them to take down the colors. The I eaw was - the pick handles being - flHev wgs . no f struck. I stepped on to near Cunningham’s store, oppesita Barrett’s. I had on an “Alliance ” soarlel| tippet, and a purple and Orange ribbon, 1 ftl^ c h e d to itNo one attacked me. It jftMjjJft* »K-- U t fiveminutes. F_pom that positiWi laan John Barrett. I did not know who he was. jMjrattentio-. attracted to Mr B .rrett by £ia wire. His was on. He was merely standing in the doorway and looking on as if ho did not care any—thing about it. The police and Mr Superi 0 . tendent Broham came up about; that time. T noticed Barrett before Mr Broham came up. I saw Mr Barrett talking to Mr Broham in the roadway. I should say altogether there might have been about a hundred persons engaged in the row on both sides. 1 By Mr Neck—lt was a one-sided'afiaii““"" altogether. One side was on the defensive. They defended themselves as best they could. I never saw MoAvey before that day. I noticed McAvey particularly, because he knocked a man down by my side. I afterwards identified him at the police depot. By Mr Joyce—The procession started from Barrett’s at nine o’clock. I looked at my watch. It wou’d take a quarter of an hour t to reach Barrett’s. * William Charles Angus, residing at the Bakaia, sworn, deposed—l saw the attack on the procession. I recognise Leary and Byan • in the attacking party. They were armed with pick handles. I did not see them strike any one. I don’t remember seeing John Barrett. By Mr Neck—l saw Byan two or threedays before the row and knew him again. I saw him between nine and half past nine in the morning of the rew, I can’t describe his dress, but he had on a black hat. He had a pick handle in his hand. By Mr Joyce—l left the hall with the procession about nine o’clock. John Scott, sworn, deposed—l am a carpenter, residing in Harry street, at the hack of the High School. As chief officer of the Lodge (Protestant Alliance), I was in the front rank. I recognise McAvey and Cuddihy as two men who used pick handlesCuddihy aimed a blow at me, and I bobbed my head and went under it. I have causa to remember him. McAvey was striking whoreever ho could get a chance. I did not see John Barrett. By Mr Ollivier—Tha men had the pick handles when we came up. [Left sitting.J