Police Prosecutions.

Maoriland Worker, Volume 3, Issue 86, 1 November 1912, Page 5

Police Prosecutions.

Shall a Stalwart say " Scab ?"

(From Our Own

FRIDAY, OCTOBER 18.

The first case taken was that against CHARLES SMITH, charged with insulting language towards the free laborers. Smith pleaded not guilty, and did not call any evidence. '

The chief police witness was Detective Sweeney, who deposed to having heard Smith make use of the word "scab" on several occasions, but it wns plain that what the 'tec war really burning to bring out was a speech Smith had made on the recreation ground on October 13. In this speech Smith had made reference to the police, which rankled some, and later on, referring to some study he had given the Police Offences Act, he said that ho had made the discovery that if a person you were bound over to keep the peace towards ca shed-in his cheque and departed from this planet, then the persons bound over were released even if the term was unexpired. These remarks the disciple of Nick Carter (fact, I believe) tried to construe into an incitement on Smith's part to go and kill the scabs, and he wound up by saying that "Smith was not a fit person to be at large." Smith showed tho foolishness of this witness's evidence and the malice underlying it, but at the end the magistrate asked defendant to find two bonds for £50 each as security to keep quiet, or go to jail for 12 months. Smith went to jail like a rebel. LINTON MOORE was charged with using insulting language to F. Heath and others on October 2. He plendrd "not guilty. Detective Powell cave evidence in support of the offence, and while in the box a passage occurred between him and Moore in which the straight-hitting Linton mark tho bud- j diijg Sherlock Holmes wrillie like the I snake to which he compared him. F. J Heath also gnvn evidenre ng'ainrt | Moore, and a plain-cbthes policeman named Kelly, but reputed to bolterknown in Wellington as "Beer-drinking Tom," gave his version of tho affair. ; Moore stated that it appeared to i him the mine-owners, tho Government. ! the police, and the press hnrl all com- j bined against tho workers cfi W-aihi. ! and by repression nnd misrepresent.!- ' tkm they thought they eon Id boat the : workers clown, but their efforts would : be futile. He would go on using the word "scab" where it was applicable just as before. The magistrate said as this was the first occasion on which Moore was charged, he would dismiss the case on the understanding that the offence was not repeated. Moore, in reply, said that his case was just the same as Smith's, yet no leniency had been shown Smith and consequently he wanted none. The magistrate tried to point out there was a difference between the two cases, and made another nppenl to | Moore to promise to muzzle himself ',

and so fender himself ineffective as a fighting unit (and a magnificent one

at that), but without avail, and so another fighter elected to go to jail for 12 months rather than become mute.

A similar charge was next preferred against THOMAS ROSS, to which he pleaded not guilty. Ross was also offered his discharge on promising to keep a muzzle over bis mouth for the future, but his wishes and the masters' running counter to each other from long practice, he was committed to jail for 12 months.

The charges of insulting language against HAROLD MILLAR and JOSEPH ROGERS were next taken together. Both pleaded not guilty, and did net call any evidence. They were offered the alternative of each finding two bonds of £50 not to repeat the alleged offence or go to jail for 12 months. They went to jail, of course.

The next charged was CHARLES FITTES, who pleaded not guilty and -called no evidence. The usual volume of police evidence was forthcoming that Fittes had made frequent use of the term "scab." Defendant refused to enter into any promises or sureties, remarking that he would "always call a scab a scab," and was sent to jail for 12 months.

SAM. THORN ALLY was the next to have a similar charge preferred against

irrespondent.)

Cases against Smith, Opie and 21 others.

The magistrate asked if the police had any further charges against McKane, when defendant . interposed that they must have booked him at least a hundred times on similar charges, and that he intended to continue the use of the term "scab." The usual verdict and the usual result —12 months' iail.

The court then adjourned until the following morning.

SATURDAY, OCTOBER 19.

MATTI KULUZ appeared on a charge of using insulting language, and pleaded not guilty. Detective Powell gave evidence that on October 2 Kuluz had persistently called out the word "scab," and he also volunteered the opinion that on this occasion Kuluz looked mre like a wild animal than a human being.

As Powell looks like a clodhopper just released after many years of wandering behind th© plough, it is surmised he just woke up from a dream of some farm scene in which an infuriated steer had unfortunately missed him, hence the allusion to Kuluz's manner.

Constable Kelly, of tankard-emptying fame, also gave evidence against Kuluz,

him. Ho pleaded not guilty and tendered no evidence. The magistrate evinced a desire to know Sam's reasons for using the word "scab." "Oh! to make them feel their position," replied defendant. Realising that wiUi his hands and mouth tied he was just as well m jail, Thornally elected to go there for 12 months rather than find sureties. ALEXANDER SANDERSON and EDWARD BAHR were next* required to answer a similar charge, and both pleaded not guilty. "Sleuth" Powell gave evidence against them, and on the defendants not calling any evidence the magistrate offered to let them off if they promised to go around like a pair of mutes in future. This they declined to do, and Bahr showed that besides knowing the position, he could express ii> uncommonly well. Both committed to jail for 12 months. HARRY BERRY was next charged with a similar offence, and pleaded not guilty, and also did not call any witnesses. M. Ru;ld said that on October 7 Berry sane out to him various well-deserved epithets such as "scab," "dirty scab," "running sore," etc..

etc. Berry was asked to find two sureties for £50 or go to jail for 12 months, and he didn't bother anyone for the money.

WM. McCAXN next answered a similar charge, tn which he pleaded not I guilty. Detective Sweeney vouched for ZVrrCann being a first-rate picket find a thorn in the side of trie toughest senb coins;, and on IHf rer-nr^e- ,, -'' ,- iion the magistrate sent liim to jnil for 12 months. ■ CHARLES TTTIRV Headed not guilty to using insulting language, but, i Constable Kelly averred otherwise, so TiT.i'Tirrrrite marie (lie usual order, two bonds of £oO eaeli or 12 months in jail, and Perry elected to go to jail. JOE. O'BRIEN next appeared, rhir'CPi'l similarly to the others, and pleaded not guilty. Detective Mc--s've"ii.'v ?;T.-e evidence against liirn, and O'Brien saying he did not wish any further evidence pidurorl. the magistrate, before passing sentence, started to tender sympathy, saying "-I frel really sorry for the stand you felloirrare taking up." "Yes," Tenlied O'Rrieti. "if you wor* in my position you would have reason to feel sorrier," and added, "I've called a scab by his proper name for the last 20 years and I will continue to do so." O'Brien elected to go to jail, of course. BERT JOHNSTONE appeared on a similar charge, and pleaded not guilty. Best, secretary of the scab union, said Johnstone had h<*f>n veiry persistent in his attentions to him. He had repeatedly called him a scab. Johnston* then started to prove that Rflsfi was a senb, but the magistrate, although agreeing that Johnstone was right in that contention, held that he

was in in giving public expression to it, and asked Johnstone whether he preferred to find two sureties of £50 eiach or rro to jail foT 12 months. Jail for Johnstone.

MICHAEL SARTCH came next on a similar charge, and pleaded not guilty. TendeririT no evidence, he was asked to find sureties or go to jail, and elected the ktter.

THOS. RODIWALL was also summarily dealt with on a like charge, and elected to go to jail for 12 months.

ARTHUR COLLINS was the next on jtihe list, and like the others he pleaded not guilty, electing to call no evidence. Sergeant Wohlmann said that Collins was particularly aggressive on the picket line, making very frequent use of the word scab. In cross-examination, by defendant, the sergeant denied that

he had threatened to throw Collins down a gully on the day on which the charge was laid. Of course, no one expected the sergeant to own up to the incident. Collins elected to go to jail sooner than find sureties.

JOHN HEATH was the next charged with insulting language, and pleaded not guilty. Thos. Besfr and J. Cochrane deposed that Heath had called them scabs, and the magistrate concluding through some fallacious reasoning that the term was insulting to creatures so low in the scale of nature, ordered Heath to find two sureties of £50 each or go to ja.il for 12 months, and Heath went to jail.

DAVID McKANE was next) charged on a similar offence, and pleaded not guilty. Best gave evidence that McKane was one of a crowd that followed him from the railway station on October §, that McKane was very prominent, and that tetrms Such as "scab," "scum of the earth," and "dirty scab" were , frequently used.

met then the defendant put up a lengthy defence, during which he made frequent reference to a bulky dictionary he carried under his arm, and though the magistrate appeared to be somewhat annoyed by the length of time occupied, Kuluz went on to show that the scabs were tho real cause of the annoyance and that whatever words ho had used were in the nature of a protest. It was of no avail, however, and as Kuluz would not sign sureties he was sent to jail for 12 months. This concluded tho insulting language cases. CHARLES OPIE, CHARLES GARDENER, EDWARD ARMSTRONG, and DAVID McGINNITY were then •charged with following Michael Iludd in a threatening and offensive manner on October 2 on his way home from work. All pleaded not guilty, and the cases wore taken together. The defendants asked for permission to take notes in conducting their defence. Permission was granted. Michael Rurld deposed that when the mine opened on October 2 he knocked off work about 4 p.m. and in proceeding home had only stepped off the company's property when tho four defendants, whom he recognised as neighbors of his, walked alongside of him and tried to persuade him to cease | j from working. Opie was the chief i snokesman. Tho argument continued ! for a considerable distance aloniz the rond. until Hudrl said he would hear nothing; furlhnr en the rr-pftor. T'l-er-policom<vn. who were following, then j j onmo un nlonrrside RikW, nrd rWondi ants did net have anything further to

say to him that night, but they followed him home.

D. McGinnity subjected Rudd to a very severe cross-examination, in which he proved Rudd to be not only a scab, but "the essence of a scab," and in giving the definition of a scab from Ogilvie's dictionary as "a dirty, low, mean fellow," ho asked Rudd if he had misplaced him.

The magistrate here interposed on Rudd's behalf, and as no incriminating evidence had been adduced against McGinnity, he ceased the cross-examina-tion.

In cross-examination by Armstrong, Rudd admitted that defendant ihad taken no part beyond walking along the road, and, further, that this road was on the direct route to Armstrong's home. Previously, Rudd had sworn that all the defendants had gone out of their way to follow him home.

Gardener put some questions to Rudd regarding the '92 strike and the maritime strike which he did not seem to relish, but the magistrate came to his assistance.

Opie opened his cross-examination of Rudd by asking him some disconcerting questions regarding his doings in Western Australia. Then Rudd, on boing asked to define a scab, did so in the following terms—"A man who takes another man's job." Opie then forced Rudd to admit that the job to which he wetit on October 2 was different to the one he left on May 13, and also that he had been drawing strike pay up till the day before he went to work. Rudd refused to state that he voted for the siTike, and the magistrate interposed on his behalf, when Opie remarked: ''I want to show your Worship what sort of an animal he is."

In a masterly cross-examination of the police, Opie elicited the information that prior to October 2 Opie had been pointed out to them by some official, whose name they refused to give, and that he had taken no part in annoying Rudd after that individual had refused to discuss matters further, beyond continuing on his way home.

At the close of the examination, the magistrate held that tho evidence against McGinnity and Armstrong was too weak, and ho dismissed the cases against them.

Opie submitted that he had no case to answer and was only there to answer a caso because he was a, marked man, and, further, that Gardener was only charged because he hod accompanied him on that day. He had confined himself to lawful picketing according to the magistrate's own definition.

It was apparent, however, that Opie's presence was wanted out of W-aihi by those in authority, and both he and Gardener were asked to find sureties to remain mute or go to jail for 12 months, and they olocted to go to jail. This closed the proceedings of the two clays' trial, as a result of which an additional 23 of our bravest and best are now in Mt. Eden jail.