RIOT CHARGES

Hokitika Guardian, 23 May 1932, Page 6

RIOT CHARGES

A SPECIAL SITTING.

(By Tilegraph — l’er Press Association)

AUCKLAND, May 23

The trial of fourteen men charged in connection with the riot in Queen Street on April 14th. began at a special session of the Supreme Court, before Mr Justice Herdman to-day.

The jury panel numbered over 150, and ' filled the Court. None of the general public were allowed ,in the courtroom until the jury were empannelled. ■Fourteen men were each' ‘’■'“-charged that in company with James Henry Edwards and ’other persons unknown, Ttheye took part in a "riot-J also that they took part’"'in aft '•'iinl&wful aa•isembly. Jar " Counsel for two of the accused applied for a separate trial;' 1 iv The Crown Prosecutor objected. The Judge said it was obvious that’ ai'fi must be tried together. The Crown’s view was that all the men were parties to a common purpose, just as in a charge of conspiracy.. The application was refused. Three counsel appearing for the accused challenged .sixteen jurors, and the Crown stood down thirteen, but tl*e jury were chosen in less than half an hour.

The names of the accussed are. as. folio.ivT: —'George Joseph Silver (Etng l land) 32; George Devereaux (Ireland) 38;’Oswald Bourbeau (Camada) 51; John Sharpe (Scotland) 36; Simeon Elari (Australian) 21; Leo Martinovich (New Zealand) 18; Harold Robertson (New Zealand) 18; .John Hubert Ed-' wards (England) 38 Clifford John Dodson (New Zealand). 3i; James Willianr R : .";.A 7 .; Simpson " (Scotland) 32; Mate Dfagovicli (Dalmatia) 30; John William" McCorkindale (New Zealand). 37; William John Budd (England) 35; Albert William Searles (England) 26. Broken palings, a revolver, a catapult, wooden clubs, and pieces of iron gas piping ( were prominent exhibits in Court.

THE CROWN’S CHARGE, 3

AUCKLAND, May 23.

The Crown Prosecutor told the jury that it was possible for persons law-, fully assembled, to become an unlaw-, ful assembly. Once an assembly o,f three or', more persons began to behave themselves in such a manner as to cause a breach of the peace • they had become an unlawful assembly in the eyes of the law. . A serious feature of this case was that some, of these people assembled were anticipating trouble, and the inference migjit property he drawn that .they were desirous of precipitating it. Describing the riot, he said the unemployed procession was more or less marshaJlljgjJ, by a man named James Edwards’.,"and by the accused Silver and Devereaux. Stones were thrown through windows long before the main riot started. This showed that the outbreak was premeditated, for there were no stones in Queen Street. The Grown Prosecutor said no fewer than 340 battens had been wrenched from -a fence alter the riot started. What, happened showed that many men took advantage of an Innocent, procession by going to the Town Hal,-., armed with missiles.

CROWN PROSECUTOR’S EVI DENG'S

AUCKLAND, May 23. . When addressing the jury at the opening of the 'Supreme Court at the trial of fourteen men alleged to hayg been concerned in the Queen Street, riot on April 14th, the Crown Prosecutor referred to a conversation which took place, on the morning of that day between a constable and one of the accused named Bourbeau. He said that Bourbeau had warned the constable, that there would be a riot i! the police nLowed ears or other vehicles to* go -through ihe procession, and Bonrbeau added “You h»vh 'mv sympathy, old man, for, :if tl^* Might really starts, you will find demonstrators as well armed as the police.” A:ll the circumstances, said the Prosecutor, pointed to the disturbance as being premeditated and prepared for. ‘‘lt may be urged,” he said ‘‘that some, of the accused were overcome bjfri excitement, but all the excitement in the world cannot put stones in a man s pocket.”