VERDICT OF GUILTY

Hawke's Bay Herald-Tribune, Issue 168, 3 August 1937, Page 8

VERDICT OF GUILTY

ffUsauIt Charge Against Ship's Fireman FRACAS ON KEKERANGU -r -3E veriict of guilty of assault so as to cause actual bodily harm to a non- - unionist on tlie ship Kekerangu, Arthur EdwardBrocksopp, was returned by the Jjury in the Supreme Court in Napier this aaorning- against Sidney Patterson Fairhall, & ship's foreman. The jury found Mm not guilty' 011 the major charge that, with intent to do grievous bodily harm. to Broeksopp, he did actual bodily harm. Fairhall was remanded toi to-morrow morning for sentence. The prosecution was the seque] to a fracas on board the Kekerangu while ahe was at the Napier Breakwater before her departure for AuBtralia on the ev'ening of May 24. Mr. H. B. Lusk prosecuted, and Mr. 8. H. Morrison appeared in defence. The jury was empanelled as followc-: Messrs. J. W. Walters (foreman) G. T. Lawlor, F. Monk, G. W. Shotton, B. H. Bickerton, A. W. M. Muir, J. C. Keyes, ' W. J. Lowe, I. N. Smith, G. A. Trevelyan, Gr. G. , Thornton. j Mr. Lusk explained that, as the wit- 1 nesses were mainly 'ship's firemen j under Australian articles, they had | leturned to Australia on their boat, so' £ that the typewritten depositions qf | their lower Court evidenee would be read. *

In 1935, Mr. Lusk explained, nonunionist men manned the ship during the strikes. Gradiially union menibers joined the ship, until in the stokehold of the Kekerangu there was a majority of unionists among the firemen, and feeling xan high. Broeksopp, the assault'ed man,. who was a non-union greaser, sha -ed a cabin with. aceused and two other union" men. Broeksopp had been on leave ashore, and was assaulted by Fairhall on his return. He was badly injhred. "Th.e Crown says that this was a brutal, nnprovoked assault on this man Broeksopp, " coneluded Mr. Lusk, " caused by IH-feeling, whieh is no exeuse."

Br. W. D. FitzGerald gave evidenee that Broeksopp had suffered eontusions to the faee, temporarily blinding him necessitating his removal to the Napier Public Hospital, where it was , .diseovered that his jaw was' fraetured. Broeksopp, witness stated, in reply to a question from the Bench, was taller than the aceused, and was a beautifully bnilt man. Cross.examined by Mr. Morrison, witness said that the head injury could not have been caused by a f all. In his opinion the injuries were all caused 'by blows. The depositions of Arthur Edward' Broeksopp, describing the incidents on , the boat, were then read, followed by ; fhose of other members of the enginexoom crew. Sergeant G. F. Bonish said that aceused and a cabin mate both denied knowledge of the assault. Fairhall 's nose was sldnned, and blceding slightly and he said that he had got it in town. There was blood on the cabin floor, and a stool in the cabin was also bloodstaihed. In an adjoining eabin, the men also denied knowledge of the assault, aceused, who was prcsent, saying to $ach: "Oh, you know nothing." ' The passage and companionway were also covered with blood. In the cabin opposite a non-union man was packing his bag preparatory to leaving the ship, the floor of tho cabin being. liberally ■plashed with blood. This man and the other non-unionists left the ship that •vening. - "I realised that I was up against n silent eonspiraey, so I left the ship," stated , witness. Later the same day aceused was arrested on the present eharges. Aceused was wearing Jeatheraoled slippers on the first visit. Gonstabie B. W. Thompson gave corrobative veidence. Detective.Sergeant H. Nuttall descibed the second visit to the vessel and the arrest of Fairhall. The Crown ease was then declared closed. ■ Defence 's Case. i Mr Morrison said that evidenee he proposed %o call would show that the ■ case waa not one of a brutal assault. The aceused would say that, although partisan feeling on the vessel was strained, there was no frietion. No threats had been made. A denial.that threats had been made against the non-unionists was given by the aceused when he entered the wit-ness-box. When Broeksopp came aboard,' aceused "said, he went to the cabin opposite before coming t'o his own cabin, where there1 were' aceused, Hamblin, Weaving, and a trimmer named Taylor, who had eome in for a drink. Aceused was sitting on-the eiige of the bunk, bare-footed, and Hamblin was seated on a form. Broeksopp came in swearing, and took off his oveicoat. He was " pro.tty drunk 3 ^ and swore at Hamblin, wbn replied:in kind. "When they bega"n to fight, aceused . intervened and told each of them to go to bed. Broeksopp swung a punch at him, skihning; his nose, and a fight began in the cabin and coutinued in the passago until- Broeksopp said he had had euough. Keturniiig Iroin tue bathrooiu, aceused was attacked by Broeksopp wlio ran out of an adjoining rooiu, whereupon another light started. Broeksopp liit his head bn an iron bed as he f ell from a blow, and remained on the floor. Hamblin • and Harabley, who were both drunk - then deeided to clean the ship of free lahour, ahd went into the non-union cabin and' began to abuse the occupants. Aceused, who considered that there had been enough trouble for oue eveniug, advised one of the men.. Henclieli, to get out. A special seaman 's licence, issued to apcused a^d now in the hands of the police, bore strict warnings against intimidation, be added, Mr Lusk: When did you find out that Taylor was dn Ihe cabin? Aceused: The night he was there. To Prevent Intimidation, Aceused stated that his evidenee was a coucoction of lies. He added that a clause in the licence stipulated

that any man convicted of striking a man or intimadating him on a pier, jetty or wharf would have his; licence taken away, whieh meant the loss of his means of livclihood. If he were convicted he would lose his licence, but if he were not "Broeksopp iniglit lose his. Aceused: Do I iook lik,e a man who would kick a man when he was unconscdous? Mr Lusk: I'm not so sure, However, according to your evidenee you are a man who would hit a drunk man while you were. sober. George Taylor, who was a trimmer on the - Kekerangu while it was at Napier, deseribed the fight on board. Near midnight he saw Broeksopp on the wharf, calling out . and swearing in a loud voice. While havdng a drink in Fairhall 's xoom, witness heard a coinmotion outside and saw Broeksopp on the ground. Broeksopp had, apparently fallen down the companionway ladder. He went to the greasers' room, and went then to his own caoin, where the fight began. At the end of the first round Broeksopp went into witness 's cabin, and was there when Fairhall returncd from the bathroom. Fairhall was attacked by Broeksopp. Broeksopp was knocked out as he fell against a bed. Cross-examined by Mr Lusk witness ?aid he had returned to the Kaikorai on July 7 on New Zealand articles. He had not come over purposely to give jvidence in theN^ase, but had been in ;ouch with the Seamen's Union. He •emembered • telling Sergeant Boniseh ;hat he knew nothing about the itruggle. This he had repeated to De-ective-Sergeant Nuttall. Wdtness said that he did not see the ' iglit reach the companionway, and did iot know how the blood got on the teps.

Mr Lusk': This is not the first tiine you've been in the Court, is itf Aceused: In the witness-box? No. Mr Lusk: Elsewhere? No. The defence was then coneluded and the Court rose.

Judge's Summing-Up. It was uot disputed that there was an assault in whieh" actual bodily harm was caused, said - Sir John -Beed in summing-up, bnt it was the jury"s function to deci-do whether there was intent, The law said that if a man struck another the second man was permilted to strike back to resist an attack, but the law did not permit him to pnrsue the matter in xevcnge. The case presented a conflict of evidenee, and it was necessary to examine the probabilities of the case. The ship was -manned by unionists and nonunionists, who for 14 or 15 months had acted with common sense and without ' trouble occurring between the two factione. Fairhall had been engaged in at least three severe fights, from his own evidenee, and was apparently of a fighting disposition. Broeksopp had entered the cabin containing three union men, and it was for the jury to deeide if he, who had been deseribed as of quiet disposition, wa« likely td provoke a man of Fairhall 's reputation. In dCciding if the fight was a fair. one, his Honour added, the jury was entitled t'o consider the injujries re"ceived. They were so serious that the doetor at first thought that Broeksopp *b skull was fraetured, and from a fraetured skull to being ' killed was not a "long step. In New Zealand s'uch cases "of violence; were not common, althQugh it was known that in other parts of the world' they did occur. "Was that the case of a fair fight or that of a man with fighting skill who allowed his feelings to get the better of him and pounded the man as this man has been pounded?" asked his Honour.