WATERSIDE OFFICIALS IN TROUBLE.

Manawatu Herald, Volume XXXV, Issue 1187, 20 December 1913, Page 2

WATERSIDE OFFICIALS IN TROUBLE.

PRESIDENT CONVICTED & SECRETARY FINED.

At the Magistrate’s Court yesterday morning before Mr J. W. Poyntou, S.M., Edward George Martiu was charged on the information of the police, that on November 3rd, 1913, he did use abusive and insulting words, namely “Youb scab,” in a public place to wit the railway yards Foxton, within the hearing of passersby, whereby a breach of the peace may have been occasioned.

Sub Inspector Marsack prosecuted on behalf of the police, and accused conducted his own case. The following evidence was taken :

Frederick Powell, clerk in the employ of Messrs Devin and Co., Ltd., stated on the day in question he was going from Messrs Levin and Co’s, office to the railway goodshed, when Martin used the words b scab and b special. He passed quite close to the accused. The remarks were made in a loud voice. He had known Martin since be had been in Foxton. He was secretary of the waterside workers’ union, and at the time the language complained of was used was out on strike. He gave no provocation for the use of the words. To the accused : Was not running at tha time the words were used, was walking from Levin’s office to the goodshed. Accused did not ask him if he was going for a saddle. Didn’t know why the case hadn’t been brought on before. He didn’t lay the Information. Didn’t know why Mr Kellow should go to the goodshed immediately after the offence and make a complaint to accused. Did not tell Mr Kellow about the matter, Mr Kellow was in his office when the words were used, and would not be able to hear them. He took the words seriously. He was aware that there was some feeling between Mr Kellow and the accused. He believed Constable Woods took the case up. He didn’t put the case in Constable Woods’ hands. There was a risk of a breach of the peace being occasioned on account of the words being used. He denied having been schooled up in the evidence he was to give. Was not the mouthpiece of the firm. Accused did not ask witness where he was going on the day in question. There were a good crowd preseut at the time. Did not hear any remarks made by others. Was not aware that accused had been subjected to pin-pricks from Levin and Co’s, office. Accused was standing by the goodshed door when he made the remarks. Couldn’t say who the others present, were, hut knew that Constable Woods was one of them. Several waterside workers were present. Accused did not ask him (witness) if he wanted the loan of a saddle, nor did he hear him say, “I have a saddle, but there are no b scabs on it.” Constable Woods stated that on the day in question he went to the railway station and seeing a crowd by the goodshed went over, Powell came from Levin and Co’s, office and was going into the goodshed when Martin called out to him: “A nice b special you’ll make, you’re only a b scab !” and other remarks of a similar nature. Powell laughed, Martin being much bigger of the two this is about all he could do. The words were used in a very loud tone of voice, and could have beeu heard by any persons ou the railway station. On account of the strike everybody was more or less excited and any little thing may have caused a row. The words used were likely to cause trouble.

To accused : Witness was uot called over from the station by accused. Prior to the remarks complained of being used accused asked witness if he had his baton with him. Baylis, Lyne, Mitchell, Gore and accused’s father and others were present at the time the language was used. Witness reported the case to bis superior officer the next morning and be

intruded witness to, leave the matter over until the following court day. Did not bear anyone else use insulting language ou the day in question. Some of the other men present had expressed surprise that accused should have used the language he did. Didn’t think that accused would assault Powell. Remembered accused asking him ou being served with the summons why the matter had been delayed so long and he (witness) replied that the Inspector had only just instructed him to lay the information. Accused asked him

the best thing to do and witness advised him to plead guilty. Accused then said he used the words to the saddle and not to Powell. He was aware there was some feeling between accused and Mr Kellow. Did not hear saddle

mentioned at all. Powell did not pass any remarks. When served

with the summons accused said it

was a pity he did not give Powell a bit as he wouldn’t have minded

paying £3 for a hit. The Magistrate said that accused could call any witnesses he

wished. Accused said that his witnesses were all working and he had beeu unable to subpoena them on account of not having the money That also was the reason why he was conducting his own case. In evidence he stated that on the date in ques-tiou he, along with several others, was standing near the railway goodshed. Constable Woods was also there. The other workmen that were present had now resumed work and witness being still ou strike, could not, therefore, look to them for any support. Powell came from Levin’s office towards the goodshed and witne a s asked him if he was looking for a saddle. Powell said : Why ? Witness said : “I have one, but there are no scabs on it,” and these were the only words he used as he suddenly remembered that Constable Woods was one of the company. Powell went into Levin and Co’s, office and Kellow afterwards came to witness and threatened him with all sorts of dire proceedings. Witness refused to discuss the matter with Kellow. Witness said he would swear absolutely that the only words he used were as stated by him previously. There were seven or eight persons present at the time, and they all appeared to be talking at once. Witness was of opinion that on account of him being foremost among the waterside workers he had been sorted out. There were insulting remarks passed by others. His remarks were made in a jocular strain. If he had intended them otherwise he would have wailed until Constable Woods was not present. Witness said that in the first place he called Constable Woods over trom the station and he didn’t think he was so devoid of sense as to call the constable over to hear him use abusive lauguage. To Sub - Inspector Marsack : There are only five watersiders out of 40 on the union roll at present at work. He knew that Powell bad volunteered for service as a special constable and that was the reason he spoke to him. He took it as a joke that a person like Powell should go. Had no feeling against the special constables. He asked Powell about a saddle because be understood that he was uuable to go because he hadn’t a saddle. In saying there were no scabs ou his saddle witness meant that there was nothing ou it that he was ashamed of. The two witnesses for the prosecution had sworn statements that were not true. He suggested that Powell was acting under instructions from Kellow, who was using him to “get at” witness. Didn't know any reason for Constable Woods to swear falsely against him.

The Magistrate said he bad no doubt the words complained of were used by Martin. In other places where similar remarks had been used those responsible had been arrested, so that Martin could see that he bad no grievance against the police. They had given him plenty of time, and had they been vindictive they could have dealt much less leniently with him. He asked if accused was a married man. Accused: Yes. His Worship : Any children ? Accused ; Yes, three.

The Magistrate said he did not want to be hard on accused, but in a case of this description a penalty had to be imposed. He entered a conviction, and fined accused with costs 7s, in default 7 days imprisonment. A month was allowed in which to pay the fine. _____

Walter Walker was also charged with using the same words iu the same place on December 2nd. He pleaded not guilty. Edwin Alfred Howe stated that on December Ist he joined the s.s. Awahou at Wellington as fireman, and came to Foxtou in the vessel. The vessel’s usual firemen and seamen were out on strike at the time. The following morning witness was coming from his home to the vessel, and on crossing the railway yard passed the accused Walker. Walker told witness to eet away back home. Witness said, “It’s all right, Walker.” Walker then said, “You’re one of these things they call a scab.” Questioned by the Sub-inspector, witness said he didn’t recollect any distinguishing adjective hein 5 used before the word “scab.” He was certain the word used was “scab,” and not “slab.” Herbert Austin Hussey said he heard Walker call out something about a long scab, or slab.

Constable Woods said that when he served accused with the sum-

mons he denied using the word “scab.” He said he called Howe “a long slab.”

For the defence, John Evans stated that be heard Walker ask Howe not to go ou to the boat, Howe replying, “That’s alright.” Walker then said, “Alright, go on then, you long slab.” Thomas Ward said he was with Walker when the conversation referred to took place. Walker first said, “Come on back, Ted, you don’t want to go there.” He replied, “I'm alright. Walker.” Walker then said, “Alright, then, you long slab.” Walter Walker said that when he saw Howe going towards the boat ou the morning in question, he said to him, “Come back, Ted, don’t go down there ; don't be a fool.” Howe replied, “That’s alright, Walter.” Witness then said, “Go ou, you long slab.” Witness said he had known Howe for many years, and had otten referred to him as “a long slab.”

The Magistrate said there was a doubt as to whether the word used was “scab” or “slab,” and he would give the accused the benefit of the doubt. In any case, the words used were offensive. He suggested that the information should be amended by substituting the word “slab” for “scab,” and upon the application of the Sub-Inspector this was done. The Magistrate said that he was giving the accused the benefit of the doubt in regard to the word used, but in any case the remarks were insulting. He asked if accused was a married man. Walker said he was married and had two children.

The Magistrate said he would be fiued 203 and costs.

Sub Inspector Marsack said that Walker was a well-behaved man, and the police did not desire to press for a heavy penalty. The Magistrate said that iu view of this he would enter a convictiou aud order accused to pay the costs only, 9s. He said he hoped Walker would appreciate the action of the * police. He could see by this that they were not vindictive, although iu somk quarters they had the name of being so.