Lawless Law and Order.

Maoriland Worker, Volume 3, Issue 80, 20 September 1912, Page 4

Lawless Law and Order.

Police Prosecutions at Waihi.

WEDNESDAY, SEPT. 11, 1912. The scene outside the Waihi Courthouse was a very animated one on Wednesday morning of last week, when a large contingent of strikers was brought before tho Magistrate on various charges relating to the recent "riot1011s behaviour" and other "crimes." A burly, tierce, martinet-looking policeman called out, the names of the cul- | prils in a, voice the reverse of a tenor, and as each summoned individual was called loud, ringing hand-claps were heartily given. These cases were that the 17 defendants should he bound over to keep tho peace for 12 months. Mr. Selwyn Mays, of the Crown Prosecutor's office, Auckland, appeared on behalf of the police, while Mr. Clendon appeared for the summoned strikers. Sheard's and Haydon's "following" cases were first taken. The "following" consisted of the strikers falling into a procession whenever tho scabs appeared, and in escorting them around the town. Constable WILLIAMSON stated how he had seen a striker go up tho street and immediately after be heard a whistle blow, in response to which a crowd of men went up the street. The crowd were considerably augmented by a contingent from the Union Hall. They followed an old man, BENJAMIN SHEARD, and he (the constable) advised them ft> refrain from following the man. He advised the engine-drivers who appealed to the police for protection to walk up as far as the Courthouse and back, in order to see if the strikers would follow them. Instead of this, the drivers walked past the Courthouse and went further along Kenny street, and then took refuge in Dr. Galligan's res.dence. The mob had by this time increased to about 300. The strikers continually encircled and jostled Sheard along the street. The police then decided that the "following" tactics must cease. MORE POLICE ASSISTANCE was procured, and Mounted-constable Skinner addressing the crowd, told them this 'following" of the engine-drivers must cease at any cost, and that tho police would do their duty, and they knew what that meant. One of the strikers cried out: "I suppose you will shoot us," but Skinner sa*id they wouldn't use violence. Eventually seven more engine-drivers arrived and escorted their comrade to the police station. Sheard wa_ TREMBLING WITH FEAR, and was so upset that it was over an hour before he could leave the station. The constable, during his evidence, had got "encircling and jostling" on the brain. He was continually repeating it; it was the only criminal act Jihad seen the mob do.- His remarks about the "old man" were so continually harped on that the opposing counsel was forced to ask how old was this "old man?" Was he getting a pension? The constable replied that he was between 50 and 60 years of age. Mr. Clendon asked that the man be presented before the Bench, and upon this being done, A BURLY-LOOKING INDIVIDUAL responded to the call. "Oh," said counsel, sarcastically, "he is not as old as 1 imagined." The constable was most emphatic | about it being "a cowardly affair" and "a disgraceful scene." In fact, you could smell bombs, Black Hand Society, poisoned hatpins and other atrocious murderous weapons ir. the air while he was giving his evidence. Words actually failed the gallant policejnau to describe the gory scene. Cross-examined by Mr. Clendon, witness said he "didn't know why only 17 men. wero summoned out of nearly 300 present." When pressed, he said it was " FOR PRIVATE REASONS." Counsel wanted to know what were these "private reasons," but the police prosecutor, prompted by a police sergeant, objected to the question, and the | Magistrate upheld the point. Finally, he admitted, under a fairly severe cross- | examination, that "the only violence ' was jostling the engine-driver, but ho | could not name any of the prisoners before the Bar with that offence. They were the leaders and the most aggressive, as they were well up alongside the 'driver in the following-up process." j Constable JACKSON gave co.rro.bcra- ! five evidence. He said the crowd was ' good-humored and no violence was committed by the strikers. While Sheard was talking to him, and under his protection, he had no grounds whatever 1 for believing that a, breach of the peace : was likely to be committed. One of I the defendants was likely to cause trou- | ble at the time | "BY HIS ACTIONS." i The witness did a bit of floundering about here, and counsel pressed the 1 point a* to "what the actions were that were likely to cause a breach of I the peace." Witness said he was run- ! ning about singing out. "Singing out I what 7* interjected counsel. The conI static said he was singing out that "A I mass meeting was being held in the j Union Hall." Mr. Clendon: "Why, ho wa-; practically advising the men to rlispe so A** rat a horrible crime he committed* .At tl.-.s stage the Court adjourned for 1 ! inch. I Mounted-constable SKINNER was ! the next witness. He corroborated a ! good .deal of the previous witness' evi- | dence, and added that he thought, as !lhe demonstration became so serious, it | wiib timo j rvIE POLICE INTERFERED, illc told how he informed the crowd jt.h» the police intended to do their 'duly, and iiaviscd them to disperse. Tho crowd listened quite attentively to his i address; they were not hostile towards the jM-lice, and they wero perfectly wellbehaved and (. iderly. The crowd had no : iiit-mticu of doing anything to the

Tremendous and Widespread Interest.

engine (hirers. When he saw Sheard hn lcokcd like a Lunted animal, and hi" faco showed <;reat indications of fear. The constable became quite dramatic in describing the state of the diseased driver's flealth. Cross-examined by Mr. Clendon, he said that the persistent following up of the driver, Sheard, was the most "inhuman, cowardly form of treatment he had over seen meted out to a human being."' Wh*n asked where a. breach of the peace had been committed or was likely to be committed, he said he was afraid the ENGINE-DRIVER MIGHT LOSE his presence of mind on some occasion, and it was possible he might shoot someone. "Oh," said Mr. Clendon, "then it's the engine-driver that should be bound over to keen the peace and not the defendants?" Dr. GALLIGAN gave evidence to the effect that when Sheard called at his residence he was rather excited and trembling. He gave him a stimulant to pull him together. He gave no indication of doing any damage. Constable BLAKELY also corroborated the police witnesses' statements, but brought no additional evidence of importance forward. Several members of the' ALLEGED ENGINE-DRIVERS' UNION— Messrs Langdon, Thompson, Hall, Dunstan and Carless —were then put into the box, and their evidence was all on the same lines. They stated how the crowd followed them about/ calling them "insulting and filthy names"—to wit, "Here they are," "Look at 'em," "Can't you smell 'em?" "We must be getting near the depot," and "We will give them some cold steel." They were unable to mention any individual case in which they were called names ; it was always "the crowd." One striker was accused of bumping a scab into the fence deliberately, but no corroboration of this "outrage" was obtained. Benjamin SHEARD, complainant, told the Court how he was followed up. He. mentioned how "the whistle blew," ] and when he saw the crowd lining up I he anticipated trouble. The strikers used very filthy language to him- A threat was made by one of the crowd that " WE WOULD LIKE TO DO FOR YOU"— but, as usual, the culprit wasn't named. Hβ assured the Bench that "his mind v/as not in a peaceful state." "The crowd was all around (him, and he couldn't walk faster than the strikers allowed him to, as they were right on his heels. He eventually became so upset that he was forced to take refuge in Dr. Galligan's house. He was practically in a state of collapse." C. INGLIS was tihen put into the box and gave evidence of personal attendance received from the etrikers. Nothing important was related by this witness, and towards the end of his evidence Mr. Clendon raised a point that certain evidence being tendered then was not relevant to the question, inasmuch as it was referring to a different occasion. After much legal quoting from a number of legal authorities, in which the famous TE KOOTI CASE figured prominently, the Magistrate over-ruled Mr. Clendon's objection. After one of the hands employed at the Waihi battery, a mere boy, named Store, had given evidence in which aiir other striker was charged with "jostr ling him," MR, CLENDtON OPENED for defendants. He contended that the evidence brought forward by the Crown Prosecutor was not sufficient to bind the defendants over to keep the peace. It piust be proved that an offensive act had been committed; the evidence did noti prove that. A most peculiar thing about the proceedings was that they were limited to the act of only certain: men following other men about the street. The strikers were fully entitled to walk about the streets. It could not be called an "organised attempt" by any means. There wore no leaders in the demonstration. John «GAYNOR was the first witness called for the defence. He stated that he was not present in Waihi at the time. He left for Waikinp by tilio 3 p.m. train, and was not up the street till LATE IN THE EVENING. He didn't know if the police had any opposition to him thai would cause them to say he Mas present when he was not. The Crown Prosecutor was very anxious to obtain some particulars about the strike from the witness and the reason for his presence in Waikino. • Crown Prosecutor: Isn't it a very critical period of the .strike just at present? Wlithess: It has been critical all along. Crown Prosecutor: "What will happen if free laborers arrive in Waihi? What will the union do? Witness: I don't know. I can't prophesy is going to happen in the future. The witness reiterated his statements that he was absent from Waihi at the time of the demonstration, and would call evidence to prove his claim. W. LENNOX also denied that he took par+ in the affair. He was absent at Waikino. He corroborated Gaynor's evidence as to his being at Waikino the day of the demonstration. The only reason that he could advance, as to why he was summoned was that Constable Williamson happened to know him." W. McLENNAN said that both Gaynor and Loiinon wont by train to Waikino with him the, day of the demonstration. Ho was positive of thai-. Questioned by Mr. Mays., lie said ho did not think the position was critical in Waihi. It was no more so now THAN AT ANY OTHER TIME sin™ tiho strike occurred. No insirurt/ions were ever issued by the strike

committee to follow the drivers. Witness was put through a fairly stiff cross-examination by opposing counsel, relating to his visits to Waikino, but, no information was obtained of a nature to please the Crown Prosecutor. THURSDAY, SEPTEMBER 12, 1912. W. M. WALNUTT gave evidence that ho had seen Gaynor at the railway station on the Wednesday that he was alleged to have participated in the Sheard demonstration. He did not recognise Lennon, but would not say he was not there. W. E. PARRY also gave evidence that both Gaynor and Lennon had gone to Waikino with him on the day they were charged with being in Waihi. He stated that regarding the conduct of the strikers 6ince the strike occurred, he was content to leave the police sergeant answer tbat. The strikers, in his opinion, WERE MOST ORDERLY. He had no occasion to believe that a breach of the peace was likely to he committed. He wanted to conciliate, not intimidate. Cross-examined by Mr. Mays, he said he didn't hear any bad language used; if it was used lie must have heard it. He was in favor of tho strikers using any means that were legitimate. Strikes could not be conducted in a hall time. The men were, never out of control during the strike. Mrs. SMITH, boardiug-house-keeper, Waikino, gave corroborative evidence, to the effect that Lennon had tea at her house on the Wednesday afternoon. Alex. SANDERSON and Oliver NOAKES also gave evidence. This concluded the defence evidence in Lennon-case. Harry PARRY, charged with following Sheard, said he never knew Sheard until he saw him in court. Saw about 40 or 50 persons in Kenny street on Wednesday. Only remark he heard was that a "flank rope be placed around Constable Skinner's horse, and provide the crowd with a buckjumping exhibition." Misses WHONSBON and ANDERSON and T. SIMMONDS, Percy MURPHY, George BENCE, William DARLINGTON, George KEYS, and Mrs. RICKARDS were called and corroborated Parry's statements in every particular. This concluded the evidence in Harry Parry's case. Charles HARMAN, charged with the same offence, said he attended an economic class on Wednesday afternoon, and knew nothing about THE ALLEGED DEMONSTRATION until he was informed after the meeting. Had never used insulting language to any of the free laborers. All he remarked was that Sergeant Woblmaji's action in keeping so close to a scab appeared as if he was the sergeant's "bosom friend" The sergeant replied that if he wasn't careful he would be placed where he wouldn't like it. Didn't consider the word "scab" insulting language. Messrs. Peter FRASER, "Wesley RICHARDS, MALONEY, O'NEIL, BARRETT, NEAL, McDONALD, "and" GREEN gave corroborative evidence. This concluded Harman's case. Edward ALMOND was then charged with the same offence as the previous summoned men. He denied that he followed Sheard* ho never knew the man. Almond's evidence was corroborated by Messrs. TIERNEY and GILLETT. Thomas WILLIAMS was the next defendant. He denied taking part in the affpir, and was in his wife's company all the afternoon. Corroborative evidence was given by Miss LANG and Mrs. WILLIAMS. F. W. SYKES, the next defendant, .stated that on the day in question he saw a crowd going round the corner, and he followed TO SEE WHAT AVAS UP. Couldn't see anything the matter, and leisurely walked along the footpath. Messrs. TORRENS and KENDALL, who were in Sykes's company at the time, gave corroborative evidence. E. DYE was the first defendant after luncheon. He said he followed the crowd as a mere spectator. He used no violence, no insulting language, and denied being warned by Constable* Williamson to desist from following Sheard. Mrs. ANDERSON corroborated defendant's evidence fully. H. SORRENSEN was also a spectator, but like the previous defendants, ho emphatically denied taking any part in the demonstration. He was more attracted by the police galloping about than anything else. J. COPELAND and George EDWARDS gave evidence as to the correctness oi Sor.rcnsen's statements. A. LJNDWALL whs the next defendant. About a-quarter to 4 on September 4 he was instructed by the union secretary to see if he could find a certain union official. While out on the .street he saw the crowd, but noticed nothing startling. He denied following Sheard, as he was out only about 15 minutes. Cross-examined lengthily by Mr. Mays. (This man was considered to be the leader of the gory man-hunt of the •th, but in his evidence he denied being in,.Kenny -street at the time the police alleged.) Corroborative evidence was tendered by Thos. FRANKLIN, union secretary. Herbert POWER was the next defendant. His summons was in the name .of W. H. Perry. Ho took no part in the demonstration at all. Evidence in support of defendant's statement, was tendered by A. BRYANT, A- HISLOP, and Mrs. LUMB. Adrian GREIG next answered the roll call. He denied following the crowd. Did not, know Sheard. Lengthily cross-examined'by Crown Prosecutor. It. BROOKING, Geo. CHILPS, Geo. BENCE and KENNEDY testified as to Greig's movements on the date in dispute. Benjamin CAMPBELL, tho next defendant, denied the charges laid by the police. Never knew Sheard until he had seen him in Court tho previous day. Ho committed no offensive- act, at all. S. TITOR-NALLY gave evidence in support. Tie kept Hie Crown Prosecutor busy durina his ci-oss-exajnination.

and answered bis questions very readily and wittily. FRIDAY, SEPTEMBER 13. Davit! KEMP was the first defendant examined. Strenuously denied following any particular individual. Denied Langdon's (engine-driver) statement that he assumed a fighting attitude. The crowd was orderly and not looking for trouble. Cross-examined by Mr. Mays, defendant said he didn't know why the constables should pick him out as a prominent participant. He had never heard any person say anything about "fight" during the strike. ' Evidence in support was given by AHISLOP, E. DWYEB, F. PUTAN, and W. McCANN. •M. ZENOVITCH next appeared. I4ke the other participants who followed the crowd, he took no part in committing any breach of the peace. The only words he used was to call out to the strikers to "come to the Union Hall," because he didn't believe in strikers talking to the police. (These words are what the police accuse Zenovitch of "coropiitting a breach of the peace.") Cross-examined by Mr. Mays, he said he told ono of the engine-drivers that he would let his old mates in Australia know about Hall (the driver) being escorted about the streets by the police. He was not instructed by any of the strike or union officials how to annoy any persons. Evidence in support was given by E. WEBB, COPELAND, WOODS and TRESSIDER, One and all testified to the peacefulness of Zenovitch during the alleged following. Frederick COLLINS next appeared in answer to the charge laid. Took no part in the following of any person, and emphatically denied either using bad language or violence. Lengthily cross-examined by Selwyn Mays. On the Court resuming in the afternoon Mr. Clendon intimated that the evidence for the defence was closed. He would ask the Bench to give judgment before the other cases were approached. This was agreed to. The MAGISTRATE'S DECISION was as follows: — "First of all, and apart from individuals, I would like to make some general remarks. The burning question, of course, was the strike and whether the strike was right or wrong, and whether the drivers or unionists were right or wrong. These questions had nothing to do with the magistrate. All that he is concerned about is to see that neither section, engine-drivers nor unionists, commit a breach of the peace or do anything that would lead to such. These men are charged with following enginedrivers in an offensive manner for the purpose of provocation. I have to look to all the circumstances, and we have ample evidence that the man was , followed about by crowds, many using objectionable words. They were treading so closely on his heels as to be within an ace of committing an assault. The manner in which they followed -inreduced him to the verge of nervous prostration.. I don't say they were otherwise a riotous or disorderly crowd. The- Mli£3jw4,g,|'*l tissi-.c_Q_-d-Were...r.\ derly and peaceful to them, though obviously hostile to Sheard. I must also pay my tribute to the general good conduct of the miners. From my own observations, before and since the strike, THEIR CONDUCT WAS EXCEPTIONALLY GOOD. The police said the crowd was otherwir-6 orderly. The president (Parry) gave his evidence very straightforwardly. lie, also said the union did not encourage these tactics. The men acted on their own initiative, thus showing that the officers of tho union had lost control. All the ingredients of offence are prpved. lam satisfied an offensive act has been committed. My opinion is that unless something is done these acts will be repeated. Three men—Harman. Gaynor, and Lennox, were on a different footing. They showed they were not on the scene at the hours stated by the police. Regarding the others, I am satisfied the police have proved their case, and all that is asked is that these men enter a peace bond not to repeat their conduct. lam satisfied there has been a shocking amount of lying, and no one could have sat in Court without knowing this." Fourteen of the defendants were ordered to enter into a personal bond of £10 to keep the peace for 12 months. The magistrate stated that he would be willing to accept the surety of any member of the union not implicated in the case to go bond for his mato. Following are tho strikers who hare BEEN BOUND OVER to keep the peace:—Miles Zenovitch, Edward Dye, Benjamin Campbell, Edward Dwyer, Albert Lindwall, Harry Parry, David Kemp, Henry Powell, Henry Sorrensen, Adrian Gre.ig. Frederick Collins, Francis Sykes, Edward Almond and Thomas Williams. Costs in the case amounted to 41s. per man.

SATURDAYj SEPTTT.IBER 14.

When tfofl court resumed -this morning Mr. Clendon, ior the defendftif&, intijnated . that none of the clef-tttianta, with the exception of D. Kfanj), had been able to find sureties. Mr. Frazer: Is it that they «ij>'t>ind sureties, or that they won't? Let us make that clear. Mr. Clendon said he understood -that, on the representations of <tto union, the men would not find sureties Tho Magistrate said he wilhed to make it quite clear that the «»n wen not required to put up an? money, PARRY SPEAKS. At the request of Mr. Clefidon, per mission was given to Mr. Pafry, presi. dent of the Minors' Union, U> afldreiS the Bench. Mr. Parry, said that he had listened attentively to his Worship's summing-up. He said that ttte union contended that there was a- *«ry -vital principle involved at the prelSßit juncture. It had been pointed dttt by his Worship that the conduct of Ike strikers had been exceptionally good, and their general conduct since tho strike had commenced had been good. Hi* would point out that the members of tlm union aR a wliolo lind aft tlie very outset of the strike come to tile tlotcr-

mination not to commit a breach of the peace. Notwithstanding this determination, TRAPS HAD BEEN LAID FOR THEM. There was no encouragement for those who desired to keep outside the palo of the la.w. Ho contended that there never had been a strike which, for good conduct and general good behaviour, compared witih the- strike in Wai hi. The fight had been declared by the employers on the one hand and the industrial workers on the other, and there was a principle from tlie industrial organisations' point of view. There war. a fixed principle, that every worker that belonged- to the wage-workers' class should never do anything against that class. He contended, and his fellowwombgrs contended, that the evidence in these cases had been conclusive in their favor from an economic si midpoint. Other cases were proceeded with.