STRIKE LEADER CONVICTED.

King Country Chronicle, Volume VIII, Issue 625, 6 December 1913, Page 5

STRIKE LEADER CONVICTED.

THREE MONTHS' IMPRISONMENT. AN APPEAL LODGED. [nv TKLBUHAI'II.—I'RKSS ASSOCIATION. J Wellington, Thursday. The judgment of the magistrate in the case against W. T, Young president of the United Federation of Labour, and secretary of the Wellington branch of the Seamen's Union, charged with wilfully inciting divers unknown persons to resist constables stationed in Wellintgon in the execution of their dutty -was given by Mr W. G. Riddel!, S. M.. this morning. The defendant, who was refused bail at the preliminary hearing, has been in gaol exactly four weeks. A further charge against him was that of inciting per* sonß to commit a brench of the peace, and at the hearing an application waß made to bind the defendant over to keep the peace. The two charges wore, therefore, taken together. A third charge of using seditious language, an indictable offence was held over,, and was proceeded with later. Mr H. H. Ostler appeared for the Crown, and Mr T M. Wilford and Mr P. J. O'Regan for the defendant. In delivering judgment the magistrate said:— "Cases have been cited to Bhow that before a person can become liable for obstructing a nonstable in the execu> tion of his duty there must be an offence committed, or in the course of being committed, at the same time. There is, however, a difference between obstructing and inciting, and the question is: Can the offence of inciting be complete without being committed simultaneously with some other offence which provides the object or reason of the incitement? Apparently it can, and I think thai, considering the condition of the law and order which then existed the particular words addressed by the defendant to a mixed crowd on October 26th constituted an offence within the meaning of section 68. Defendant will be convicted." In conisdering the question of the sentence to he inflicted, the magistrate referred to the sentences pasßed by the Chief Justice on two offenders who had not taken a particularly prominent part in the disturbances. The defendant Young, on the other hand, was one of the leaders. The sentence would be one of imprisonment for three months. He would also be required to enter into a bond of £260, and two sureties of £250 each, to keep the peace for 12 months. Mr Wilford then gave formal notice of appeal on the ground that the magistrate's decision was erroneous in point of law. He blso asked that bail be fixed. The magistrate said bail would be allowed in the accused's own recognisance of £l5O and two sureties of £75 each. Security for the costs of appeal would be fixed at £lO 10s. The question of bail was mentioned again in the afternoon by Mr Wilford who said that there had been a misunderstanding between himself and the Crown Solicitor and he wished to have a ruling. He asked if sureties for good behaviour were imposed on top of bail for the sedition charge and bail for the appeal, and also, what it was neceessary to find before Young could be got out of gaol. The magistrate said he was satisfied the defendant would proceed with the appeal, and to get over the difficulty he proposed to reduce the bail on the charge of sedition to one surety of £IOO and two of £SO with recognisances of peace at one amount of £250 Bnd two similar Bumß. He also decided to leave unaltered the £lO 10s security of appeal. Young wbb remanded till next day on the indictable charge of ÜBing seditious language. COMMITTED FOR TRIAL. * BAIL FOUND FOR YOUNG. Wellington, Thia Day. Young was committed for trial on the charge of sedition. Bail was allowed, himself in £IOO and one surety of £IOO. Mr Wilford announced that the £SOO required for sureties of peace for Young had been found. Holland was committed for trial on two charges of sedition. Bail on the first charge was allowed, himself in £250 and two sureties of £250. On the second charge accused was only required to enter into his own recognisance of £IOO. The Crown solicitor intends to appeal against the dismissal by Mr Kiddell, S.M., of the charge against Holland of inciting persons to reißßt the police.