THE BOXING DAY OUTRAGE.

Globe, Volume XXII, Issue 1830, 3 January 1880, Page 3

THE BOXING DAY OUTRAGE.

The following is the conclusion of the investigation held yesterday : John Scott, sworn, deposed—l am a carpenter, residing in Harry street, at the back of the High School. As chief officer of the Lodge (Protestant Alliance), I was in (he front rank. I recognise McAvey and C,uddihy as two men who used pick handles. Cuddihy aimed a blow at me, and I bobbed my head and went under it. I have cause to remember him. McAvey was striking whereever he could get a chance. I did not see John Barrett.

By Mr Ollivier—The men had the pick handles when we came up. By Mr Joynt—l am a Past Master of the lodge. I took the lead in the procession immediately behind the Union Jack, which was carried by George Hamilton. I wore a purple collar, with a silver fringe. The flag had Bible and Crown worked in under the Union Jack, which was in one corner. I cannot describe the colors in the Union Jack. There was no orange or purple in it. I am not “ color blind.” [Laughter.] There was no orange in it. The ground on which the Bible and Crown was worked was neither purple nor yellow. A man named Campbell carried the sword. The sword had nothing to do with the “ Alliance.” I can’t say whether it has anything to do with the Orange Lodge. I got a blow on my face with a fist. We went out peaceably to enjoy ourselves. I have not seen the Union Jack since, which was borrowed for the occasion. It was not with or against my consent that the banner, in Court, was used at the head of the Orangemen. I don’t know whether it would make the Roman Catholic people happy to see the Orange flag floating before their eyes. Some care about it, and some don’t.

By Mr Neck—The blow aimed at me was not intended for the pole of the banner, as it was already on the ground. By Mr Joyce—The Union Jack was the first flag attacked. It was torn down and taken away, I don’t know whether Mr Blair was in the procession. We left the hall a few minutes after nine o’clock. James Whitley, sworn, deposed—l am a bootmaker, residing in Tuam street east. I saw the attack on the procession, and recognise Hanley and Gawley. They were armed with pick handles, and belonged to the attacking party. They ran up the street with the intention of rescuing a prisoner. I did not see John Barrett. By Mr Joynt—l was in the Orange part of the procession, and held one of the strings of the banner. I was a little below Lichfield street, in Manchester street, when the disturbance commenced. I was not struck. I had on an Orange sash. I did not run away. The banner was struck, and a man was knocked down behind me. I saw seven or eight men run up the middle of Manchester street into High street, and Hanley and Gawley were amongst them. I saw Gawley the following day in Barrett’s yard, and I gave him in charge to Detective Benjamin. I will swear positively to Gawley. By Mr Neck—l can’t say how Hanley was dressed. By Mr Joyce—l was about the centre of the procession. I could not distinguish the assailants as they came out of Barrett’s yard. It was five minutes past nine when the procession started. George Main, a carpenter, sworn, deposed— I saw the attack made on the procession and recognised Stephen Barrett, McAvey, and Hanley, and Detective Benjamin. [Laughter.] They all had pick handles, and I saw Barrett strike a man with one. I also saw him throw a bottle at a man. It seemed to come out of his pocket. I did not see John Barrett. By Mr Joynt—l was not in the procession, but walked up with it. I was about half a chain from it on Barrett’s Hotel side. I remained about until the first and second rows were over. The bottle did not strike the man. [Mr Joynt—“Good for the man, I think.” —Laughter.] I remained by Barrett’s Hotel for more than a quarter of an hour. During that time Mr Barrett was not to be seen. I saw Mr Superintendent Broham come up. I did not see Mr Barrett after that. I was there when Father Ginaty came up. I did not see Mr Barrett at all. By Mr Neck—l should not recognise the man I saw Stephen Barrett strike. I have frequently seen Barrett before that day, but have never spoken to him. He was dressed as he is now. The man he struck was “ a short man with a ginger complexion.” [Laughter.] By Mr Joyce—l have worked with Teague and know McMahon by sight. Had Teague been there, I know him so well I should have seen him. Robert Ballantyne, sworn, deposed—l am fifteen years of age. My father works in Ward’s brewery. 1 saw the procession and the attack upon it. I recognise Stephen Barrett as taking part in it. He was armed with a pickaxe handle. I heard him say, “ Keep together, and we’ll have the town.” By Mr Joynt—l was in front of the band, but did not carry the sword. [Laughter.] There was another boy besides me. They did not attack mo. [Laughter.] I was not one of the boys he meant when he said “ Keep together, boys, and we’ll have the town.” [Laughter.] By Mr Neck—They did not say “ Keep together and we’ll have it,” meaning the flag, “ down.” Richard Sunderland, a baker on the East town belt, sworn, deposed—l remember walking in the procession on Boxing Day, and the attack made on it. I identify McAvey and Hanley as being in it. I saw McAvey strike one of the party twice with a pick handle. It was one of those taken to the hospital. I did not see John Barrett. By Mr Joynt—l was in the Alliance part of the procession. I was at Cunningham’s corner, and saw the rush made from Barrett’s yard and bar. The men with the pick handles came from the yard. I was in the neighbourhood about half an hour; some of the time by the hotel, and partly about Strange’s. I went up to Strange’s once. By Mr Joyce—l am not aware that Teague was chore. I did not see Mr Blair. Thomas Palmer, farmer, residing on New Brighton road, sworn, deposed—l identify Murphy. He struck a man several times and knocked him down. By Mr Joynt ■ It was early in the attack that I saw Murphy strike the man. I was in the procession. I was about 18ft. from Cunningham’s corner when I saw the man struck. I did not see more than Murphy strike him. I recognised him the next, day by Barrett’s Hotel. Another man was struck, and can prove Murphy struck him. James Watts, sworn, deposed—l am a ploughman employed by Sir Cracroft Wilson. I was in the middle of the procession on Boxing Day, and saw part of the attack. I can identify Murphy. I saw him knock a man down with a pick handle. He also struck mo on the left arm and bead. I also recognised McAvey “sledging away ” at our men.

By Mr Neck—McAvey was a shipmate of mine, and I have known him for six years. James Quinn, a boot machinist, residing in Lichfield street, sworn —Identified McAvey and Hanley as active participators in the riot. By Mr Joyce—l was present when Teague was arrested on Saturday. He was dressed differently to what he is now. I believe that Teague was in the riot, and it was my utterance of that belief that caused him to be arrested. By Mr Broham—l cannot swear to Teague, but I think he was present in the attack. James Johnson, sworn, partially identified Teague, but could not swear to him. Robert Duncan, a blacksmith, sworn, identified Wood, whom he saw issue from the Borough Hotel and use a pick handle in the row. There were five or six others with him. Had known him for some time. Wood was a blacksmith. Alfred Reed, residing in High street, sworn, remembered the riot on Boxing Day, and could recognise Wood, Rock, and Ouddihy. Wood was behaving in an excited manner. Cuddihy incited his own crowd to rescue a prisoner. Bock had a pick handle in his hands behind his back. Witness told him it was a disgrace to knock the men down, and he said “ he’d serve him the same.” By Mr Joynt—Witness did not actually see a blow struck by either of the men he had identified. Considered Wood to be a quiet man. By Mr Joyce—Teague was a neighbour of the witness, who knew and was intimate with his connections. If ho had been there witness thought he should have identified him as he had Wood. Walter Stafford, hairdresser, Cashel street, sworn, thought ho recognised one of the prisoners, but would not swear to him, as ho had changed his clothoe. f Laughter.] William Duke, a blacksmith, picked out Flaherty from the group of prisoners, and swore to his being armed with a pick handle while blows were being struck when the procession was attacked. By Mr Neck—Did not see Flaherty strike anyone. Charles Martin, laborer to the City Council and one of the procession, sworn—Said he saw John Barrett standing at the door of his hotel after the attack was over.

By Mr Joynt—Did not seo Mr Superintendent Broham. Saw a rush to Strange’s, but no fighting. James Hogg, a retired corn dealer, residing in Tuam street, and one of the processionists on Boxing Day, identified McAvey, Hanley, and Ouddihy, the last being the man that came out of Barrett’s yard first. Saw John Barrett in his own bar at the time of the the attack. Two men, named Bereeford and Henderson, had warned them of the intended attack, which caused the witness to keep his eyes open, and he recognised Mr Barrett in his bar when the men rushed out of the yard. The greater portion of the crowd wore round the bar door. Witness was nearly opposite the yard gate, and about the eighth file in the ranks when the attack was made. Other men besides Ouddihy had pick handles, but witness could not say where they came from. Witness recognised Ouddihy in the Police Depot. Dr. Prins, M.R.0.5., sworn, said —He had attended five of the men injured on the 26th December. One, named Graham, had a lacerated wound on his forehead; another, Moncrief, had a lacora'ed wound on his forehead, and a slight concussion of the brain. The next was Houston, ho had a wound on the right side across the ear. The next was Howden, he had a wound on the right side, which divided one of the branches of the temporal artery, which bled profusely. The next was Armstrong, he had a wound on the right side of the head, and a compound fracture of the left elbow. All the men are out of danger but Armstrong, The wounds were apparently inflicted with a blunt instrument; a pick handle would cause them.

James Campbell, landed proprietor, Avonside, and one of the processionists, would not swear to any of the prisoners. By Mr Joynt—After the row wag over witness saw Barrett talking to the crowd, but could not say what ho was speaking about, because brickbats and stones were flying at him. Matthew Henderson sworn, said he saw the attack on the procession, and recognised amongst the prisoners Hanley, Ouddihy, Shanahan, Magner, Murphy, Mahony, and McMahon. Hanley, Ouddihy, Magner, and Shanahan, had pick handles. Witness saw Hanley strike Houston, and Ouddihy strike Anderson. Also saw Shanahan strike one of the men. By Mr Joynt—Witness was an Orangeman, but was not walking in the procession. Saw the whole of the attack. Had intended to accompany the procession, but from what he had heard had altered his mind. Witness tried to atop the procession by telling the leading men of the attack that awaited them. They replied they thought it was only a joke. Wore no decorations himself, and walked by the side of the foremost men. Witness did not see Murphy. Mahony and McMahon were armed. McMahon made use of bad language, and excited the other men to violence. It was Murphy out of whose hands witness saw Detective Benjamin snatch a pick handle. Shanahan had a bar of iron in his hand as well as a pick handle. It was Alexander Howden that was struck by Shanahan. Two girls threw the bar of iron out of the end window of the hotel, and Shanahan picked it up. Looked at Ouddihy and Hanley in order afterwards to identify them. Did not recognise the banner in Court as flying in the procession. John Donnelly, house painter, residing at Addington, sworn, said—He walked in the procession. He could identify Gawley and Hanley, who were standing at Barrett’s door previous to the attack being made. Could not say if they had any weapons, but did not see any. After witnessing the attack, witness thought murder was meant, and he took a cab and went and gave information of what was going on at the Police Depot. Barrett was standing at his door before the attack was made. By Mr Joynt—l swear to the best of my belief it was Mr Barrett I saw standing at the door. At that time none of the people on the footpath had any arms. I saw a man rush across the path and strike one of the procession with a pick handle about ten minutes after I saw Mr Barrett at the door of his hotel. At that time there was no appearance of a row. By Mr Mellish—The row had commenced when I saw the blow struck, which induced me to go and give information at the Police Depot. By Mr Joynt—A banner was taken by the attacking party, but was retaken afterwards. Thera was a Bible and crown, figure of King William 111., and other devices, on the banner that was taken. I belonged to the Orange Society, and wore their regalia. John O’Donnell, foreman of the tramway works, and residing at the Borough Hotel, sworn, said he knew Hanley, Cuddihy, Keeley, Mahoney, Flaherty, Gawley, and Bock. They were all, with the exception of Cuddihy, working for John Barrett. They were paid up to Christmas Eve. They all stayed in the hotel. By Mr Joynt—The picks were brought home every night to be pointed, and that was how the handles came to be in the yard. Sometimes they were taken out by the blacksmith and sometimes by the men. The handles, picks, and shovels were thrown into the coach-house in the yard. I had not the slightest idea that there was going to be a disturbance until it happened. The first indication I had of it was by hearing a band playing outside, and the men rushed into the yard. Mr Barrett told them not to interfere with the procession, as they were going along peaceably. This was about nine o’clock. The men stopped quiet for a time, and Mr Barrel 4 went inside. I can’t say whether the men had any pick handles when Barrett told them to let the procession go on. The next thing I saw was McAvey cause a disturbance. He stood before the band with a pick handle in his hand. He was the only man then or after that I saw with pick handles. I went inside. By Mr Mellish—l only saw the row for about half a minute, and then went inside. I saw no blows struck. Mr Barrett remained inside. I saw the priest come up, but I don’t know who sent for him. By Mr Broham—l don’t know how many men were present when Mr Barrett told them to be quiet. About thirty boarded in the hotel. There was a rush out of the house by the back gate when the men heard the music of the band. It was then that Mr Barrett addressed them. The pick handles were in the coach house. By Mr Mellish—l can’t say whether Mr Barrett could have prevented the men from getting the pick handles. Mr Superintendent Broham said this was the last witness for the prosecution.

Mr Mellish said there was, then, no evidence against Oonolly. Mr Broham said there was not, but there was a charge of assault against him committed the same evening, which he could substantiate, and therefore Oonolly would be detained. Mr Joynt shortly addressed the Bench, and said that if they had the slightest idea that there was a case against Mr John Barrett he had plenty of witnesses he could call to show that he was in no way connected with the riot, which he had not the slightest idea was even contemplated. Mr Mellish said the Bench were of opinion that there was nothing in the evidence to substantiate the charge of aiding and abetting against John Barrett, and therefore the charge against him would be dismissed. Mr Joynt said he hoped the Licensing Bench would, at the proper time, allow Mr Barrett to bring forward witnesses which would completely exonerate him" from the imputation of complicity, as affecting his position as a license holder. Mr Mellish said that probably such a course would be adopted by the Bench. Mr Joyce submitted there was nothing to criminate the prisoner Teague, and he would call the following witnesses for the defence: James Constable, swore he saw Teague outside the Gas Works at ten minutes to ten on the Friday morning of the riot. He was then coming from his own house, and it would have taken him a quarter of an hour to walk into tewn. James Constable, senior, swore he saw Teague at his own house at Wilson’s bridge at a quarter-past 9 a.m. He left to come to Christchurch at half-past nine. He had walked in that morning from Christchurch, and stopped in at least half an hour. He had stayed in Christchurch all night, and returned in the morning, leaving about nine o’clock. Charles Dykes, residing at Wilson’s road, swore he saw Teague there at his own house at half-past 9 a.m. on Friday, 26th December. Ho went into Christchurch then, and left Teague there. He first saw him about ten minutes past nine. Daniel Swan, residing at Opaws, swore that on the morning of the 26th December he saw Teague at his own house, at about half-past nine o’clock. William Ourzon gave similar evidence, that at ten minutes past nine he saw Teague at Wilson’s Bridge. Mr Mellish said in the face of the evidence it would be no use sending the case to trial, and Teague would be discharged. Detective Benjamin gave evidence on behalf of Stephen Ryan, which was satisfactory enough for the Bench to discharge him. Mr Joynt spoke in favor of McMahon, against whom there was very little evidence. After short deliberation, the Bench discharged him also, saying they did not wish to press heavily against him, as he had, beyond being very excited, taken no active part in the disturbance.

Mahoney’s case was then taken, and after reviewing the evidence the Bench discharged him also. In the case of Gawley, Mr Joynt said he could bring evidence to prove that although about the hotel and the crowd, that was the extent of his participation in the riot. After taking the evidence of George Dann, which was not strong enough to justify Gawley’s discharge, Mr Joynt called Mr Barrett, who swore that when the rush was made from the yard he was going to the dining room to get his breakfast. He had known him for three years as a respectable, quiet, and hardworking man. In the face of this evidence, and as there was a doubt of the identity in the evidence previously given against Gawley, the Bench gave him the benefit of the doubt, and ho was discharged. The evidence was then read over, and the remainder of the prisoners were committed to take their trial at the next sessions of the Supreme Court. The Court rose at 7.15 p.m.