Case of Oliver Noakes

Maoriland Worker, Volume 3, Issue 90, 6 December 1912, Page 3

Case of Oliver Noakes

Remarkable Law at Waihi

By H. E

Comedy was added to - comedy, burlesque to burlesque, when Oliver Noakes (whose statement concerning a certain outrage The Worker has already made indelibly public) was placd on trial, before Magistrate Murgfss on Wednesday of last week on a charger of having, on Monday,-November 11, been guilty of threatening behaviour by striking a man, name unknown.

The utter farce of the proceediflgs in the case of assault oh Herb. Kennedy was sufficiently barefaced to set Now Zealand shrieking.-- Bxit the" '-Massey Government," in the , case against Noakes, staged a still more shrieking demonstration of legal asininity.

The police evidence, as presenter! by Mr. Mays for the Crown, showed that 20 or 30 scabs made an attack on Noake.fi and sought .to do him , bodil.v harm, that. Noakes fled from them, and , when, they were overtaking him, turned and knocked down the foremost of his assailants. (Then the Government carte along and asked that the "man assailed should be sent to jail for. not letting.his assailants kill him. That is practically what the charge, against Noakes meant.) However, let the evidence speak its own ludicrous tale. Mr. J. Lundon appeared for Noakes, and Mr. Mays for the Crown Law Department. Mr. Lundrm demanded specific information concerning the charge, against his client—neither the summons Jior the information told him anything. The particulars desired were supplied,by Mr. Mays. CONSTABLE O'CONNOR. Constable O'Connor,, for the prosecution, said he was near Holmes's shop on November 11, and saw Noakes in the lane there. Saw him strike a man in the face and knock him down, hut could not. sey who the man was that was struck. To Mr. Lundon : He couldn't estimate the number of police in the right-of-way and couldn't name any of them. Saw the scab procession come up from below the Miners' Hall. Some of the men were on the footpath on the side the hall was on, and later they crossed to the opposite side. He saw Elsegood going down the street, and saw a skirmish take place at the corner. A Maori named Peter assaulted Elsegood, whom he (witness) got hold of and pulled out of the crowd. There were other police there. He went down to the Jane, and was there when the blow was delivered by Noakes. Skinner was the only officer he saw in the lane. Skinner was aiding • Noakes to gefc • away froar. the crowd. The crowd was chasing Noakes, and as he came on the scene Noakes turned and delivered the blow at a man who was pursuing him. The man wemt down, and he (witness) pulled another man off Noakes, but could not saw who the man was. Skinner.'was also hanging on to someone who was attacking Noakes and jostling and pushing him. Noakes was bleeding : from the face, and whatever punch Noakes delivered must have been delivered after he'had' been mauled. -There was no doubt that the man. Noakes struck was endeavoring to assault him. Couldn't say who the man was Skinner was holding. Didn't think he would know any one of the three men who attacked Noakes even if he saw them again. There was a lot of blood about Noakes' face. Heard no one ask for protection but Noakes ; therefore, Noakes was apparently the only one who needed protection. ■ '.

Cross-examined by Mr. Mays: Was absolutely certain Noakes' face was bruised and his lip split before Cullen came on the spot.

"Then this wild allegation concerning Cullen, made both here and in The Maortimnd Worker, is absolutely incorrect?"

"It's like all the rest of their wild allegations," said the constable. In answer to Mr. Mays, witness eaid in effect that he was of opinion that the action of the scabs in marching past the mine on that morning was to demonstrate that they could do so if they wished. But this wasn't the answer counsel wanted. CONSTABLE SKINNER. Constable Skinner said he was in Main street on November 11 at 7.45, and saw Noakes there. Just saw a crowd fighting down a lane and two or three men were assaulting Noakes, Hβ rode down amongst them and pulled two or three men off Noakes, and did his best to drive the others away. He. could not identify either the men or the police who were there. NoakeS was Weeding from the mouth, and seemed dared. Cullen camo up and took Noakas away. Noakes , injuries were not. caused by anything Cullen did. Noakes asked the Commissioner for protection. He (witness) had said to Noakes that he had been talking fight and wrestling for some time and had brought the trouble on himself.

Cross-examined by Mr. Lundon: The procession came up on the right-hand side. They were on that side all the way up and did not cross over at all. He came up behind the men, and the first thing he saw was a Maori attack-, ing Elsegood. This was opposite ithe English Church. Elsegood was backing away towards the embankment, when he stopped and struck out and knocked the Maori down. Elsegood had no option but to strike out. Some of the crowd followed Elsegood, but no arrest was made. Next he saw a general , melee, with fightingaH'Overthe place; Noakes had never said a word to him aboiit fighting , or wrestling. Noakes was on-the footpath. Saw nothing to suggest that Noakes was looking for trouble. Noakes kept moving down the lane, but witness didn't know whether he was being pushed. Some men were punching at NoakeSj who was endeavoring to cover himself. He pulled two men away and struck one with his crop. Saw Noakes on, the ground; be was knocked down. Noakes had a. pretty hot time of it, and from what he saw was fully justified in striking back. Didn't know whether Noakes , split lip was caused by a fist or a kick. CONSTABLE KELLY. Constable Kelly said he saw Noakes "streaking down the right-of-way, with a couple of blokes after him." About

OLLANO.

Attempt to Secure Recantation of Charge Against Cullen

18 or 20 yards down, he struck one of them.' The man was knocked down, but witm-ss'did not know his aatne. By this time a crowd of about 20 reached Noakes, and the crowd was driven back by the constables. Noakos was bleeding at the mouth. This was before Commissioner Cullen came along. Noakes was taken away by a man named Cubas. There was not the slightest truth in the allegation that Noakes' injuries- were caused by CuHen. Noakes' head apparently struck the wall as he fell. Mr."Lundon pointed out that Noakee, falling backward; would have to strike his head pretty hard to split his lip. THOMAS BOWDEN. '..Thomas Bowden, a member of the scab union, said he was in the procession on November 11. A. mw named Doherty was with him. The attack was made on Noakes because he said: /.'There's another pair of scabs!" There were lo or 20 others with witness, and Doherty, followed by these, made a rush at Noakes, and started to hustle him along th« lane. Noakes tripped and fell and then got' up again, and went eight' or ten yards, when Skinner and another constable came up and tried to bustle him away. Noakes tried to argue with Skinner. ■To Mr. Lundon: He had given evidence twice previously for the prosecution in cases of assault, but never f6r the defence. A week ago he had told men at work of wha.fc he had seen. He had not spoken to Doherty about it until last Wednesday, Doherty then said if. Aβ had had bis way he would have killed. Noakes. Had spoken to the police about it, but forgot when. He now remembered it was tlhafc day he had spoken to the police about it. He had not been summoned to atend. He was a witness in another case, but declined to say what case. He was in the case against Mr. Kidd. Hβ was among those who rushed Noakes, and was assisting the crowd to hustle him —they wanted to push him right away. They were all walking one over another. Hβ was "second or third in the h«ap."

Asked as to whether he had not been dragged away by the police, witneis hesitated and became confused.

Mr. Cotter laughed significantly and shook, his head. ..Bowden then declared that this was not so. The magistrate said nothing to Cotter. .'" This closed the "case" for the prosecution. PEBTERINC NOAKES. Mr. Lundon asked the magistrate to say whether there was a case to answer. He maintained.that the evidence did not sustain the charge contained in the information, and said that no court in the country would convict a man under the circumstances set forth by the police evidence.

The magistrate said there was no need to call evidence for the defence. He was satisfied that Noakes could not have acted otherwise.

Mr. Mays immediately arose and demanded that Mr. Lundon should now ask Noakes to retract his statement published in The Worker to the effect that Ciillen had struck him.

Mr. Lundon said he would do nothing of the kind. Hβ had oome there to defend certain men against certain charges, and this was not one of them. JEf his client desired to make any statement, that was a matter for his client alone.

, Mr. Mays then asked Mr. Noakee to withdraw the statement which had appeared in The Worker.

; Mr. Noakes said he had nothing to withdraw; he stood by his statement.

Mr. Mays then took the still more extraordinary course of reading out an salleged account of what had taken place when Cullen asked Noakes, in the presence of Kennedy, to withdraw the /•harge. This, in spite of the fact that •Mr. Kennedy had stated in his evidence ill reply to Mr. Mays, that Mr. Noaken had, when interviewed by Mr. Cullen, declined to recede from the. position he had taken up. It is clearly apparent that if Noakea had withdrawn that statement ati first he would never have been dragged into court. Apparently, in this case as in -Mr. Kennedy's, all the expense has been incurred, all the time w&eted, and all -the effort expended.in the vain hope of getting a retraction or a refutation of a statement made and published in The Worker. Our enemies furnish us with splendid evidence of how they fear The Worker. 0 UPRIGHT LAW! According to Noakes, the man knocked.down by him and whom the police Werequjto unable to identify and'whom they-were confident they would not be able tri identify even if produced. WAS DELANEY.