HARVEY AND EDWARDS.

Maoriland Worker, Volume 3, Issue 91, 13 December 1912, Page 2

HARVEY AND EDWARDS.

\V. E. Harvey (strike-breaker) and James Edwards —a member of the Thames (Arbitration) Union — were charged with threatening behaviour.

When Harvey earae into court, he sent Barry to look up a witness named Scott.

Constable Montgomery's evidence was extraordinary. He saw the disturbance from a distance of 150 yards, and by the way Edwards was shaking his head at Harvey was convinced that Edwards was the aggressor. He understood Edwards was a terrible lighting man. Mr. Barry, who had returned to the court, repeatedly whispered to counsel lor the strikebreaker. Constable Mclnnes, who didn't see the commencement of the fight, completely upset Montgomery's evidence by declaring that he knew Edwards as a quiet, decent man; but said he would light if interfered vvii'h. Had known Harvey about eight months. On the day of the big riot Harvey was in a light which had to be stopped by the police. Harvey was one of those who chased after unionists on the Ilth and 12th.

Mr. Lundon stated that Edwards' defence would be one of justification. He had been assaulted, and had endeavored to protect ihimself. Mr. Mays, who was supposed to be prosecuting both the unionist and the scab, repeatedly interjected in favor of the latter. He objected to Lundon's attack on "the pug."

James Edwards said he lived at Waihi, but had worked at Karangahake, aud had had nothing to do with the strike trouble. On the day named in the charge he was walking along the street with Barrett and Thomas, when the latter said: "Here's the 'pug. , ' . Witness asked: "Which oner , " Harvey stopped and asked: "What do you- want) with the 'pug?' " They walked on, and Harvey jostled through them. Thomas stopped, and Harvey drew a baton and said: "I've got this for you." Witness caught Thomas by the shoulder and said: "Come out of this." Harvey said: "You're the long bastard I'm after, and, handing tihe baton to a small man who was with him, took off his coat a,nd at once sparred up to and around him (Edwards). Edwards told Harvey: "I'll seej you some other time," and Harvey struck him on the eye and knocked him down. The blow cut his eye, and he endeavored to defend himself. As he got up he buttoned up his coat. 'Then I hopped into him," concluded the witness. In due time the police came and separated them.

Mr. Mays' cross-examination failed utterly to shake the witness's evidence. Commissioner Cullen occasionally prompted the Crown Prosecutor, while Mr. Barry performed similar service for counsel for Harvey. The alleged prosecution and the strike-breaker's defence seemed to be working hand-in-hand all the time against , the unionists.

Edwards further stated that he had been ordered to get out of the town.

Thomas Thomas corroborated Edwards' evidence, and was emphatic in his assertion that Harvey was the aggressor. Prompted by Mr. Jackson, Mr. Mays asked witness if he was not Edwards' brother-in-law. ''No," came the answer. "More lying and false rumor!'" queried Mr. Lundon.

William Barrett also gave evidence in substantiation of that of Edwards and Thomas.

When he failed to make witness admit that he had been generally concerned in the strike disturbances, Mr. Mays taunted the witness .with "having a habit of getting home out of trouble."

Then a most extraordinary line of action was pursued by counsel.

Witness was confronted with convictions alleged to have been recorded recorded against him at Taihap'e, Waihi and elsewhere.

"I have never been in Taihape in my life, and have only once been convicted of any offence, and that was here at Waihi before yourself," said the witness to the magistrate, "when I was charged with being illegally 011 licensed, premises."

Counsel still persisted in the endeavor to show that the convictions were recorded against witness.

"A diabolical lie," said Mr.' Lundon

No apology was made to Barrett for the outrage, and the writer was afterwards informed that the Barrett against whom the convictions were recorded was an altogether different man in appearance to the witness, and that a number of police in court, including Sergt. MeKiimon, knew quite well that the witness waa being untruthfully charged.

The evidence of Strike-breaker Harvey, who was requested by his own. counsel not to get excited, went to show that, when he met Edwards, Barrett, and Thomas, the first-named said: ''There's the dirty pug," and that he demanded to know what they wanted with the pug, Edwards took hold of Thomas and said: "Here's a man will give you a hiding." He admitted that lie carried a baton and also that he drew it. He also admitted striking Edwards and knocking him down.

Harvey's further evidence showed that he had been scabbing since October

At first the Crown Prosecutor declined to cross-examine Harvey. Eventually lie pet out on a cross-examination that had for its object the clearing of the man Mr. Mays was supposed to be prosecuting.

To emphasise one point, Mr. Mays declared that if Harvey had really done what was alleged against him : "Do you think The Maoiuland Wokkek would have let such a thing passP"

In reply to Mr. Mays, Harvey declared that, before the fight started, Edwards was "shaking his umbrella with one hand and nodding his head with the other."

Cross-examined by Mr. Lundon, Harvey said lie "borrowed" the baton. He "found it," and assumed it betonged to one of the strike-breakers. He "found it" in the change house on the company's property, and thought it might come in handy.

"Don't you know that is theft?" asked counsel.

"Oh that's got nothing -to do with the case/ , replied Harvey, who adnrit-t-od that many of the scabs had Latons, but couldn't say who had them or how many. Pressed by counsel, he repeatedly exclaimed: ''Oh, that's got nothing to do with the case." The scabs had been supplied with batons a long while before they started to walk to work. His baton disappeared on the day of the riot. He left it in his coat, which he had taken off prior to inarching in the procession. At this stage, Mr. Jackson objected to any questions being asked that liiisht incriminate Harvey. The magistrate said the questions could be aaked, but Harvey could eer-

taiiilv refuse to answer if he thought the answer would incriminate him.

Further cross-examined, Harvey said he turned back after lie passed the mine entrance because he thought he had gone too far. He had got promoted to a new job the iirst day they marched. He "turned back because he forgot lie was going there." Mc was in i'he front rank, but couldn't remember a single person who marched in the procession. He proceeded to say, inter alia, that when the row started "he tore off his coat because when there was a tight he liked to lie in it." He saw a scuttle, but couldn't say where. "A stir in the air told him a. light was coming." Other scabs had their coats off. There was no secrecy about the fact that he had a baton. The baton was about V 2 inches long.

Mr. Mhvs (prosecuting Harvey) ohjected to questions put by jlr. Lundon to the strike-breaker (who was Mr. Jackson's client and for whom, therefore, Mr. Jackson should Mayo objected).

Taking the cue, Harvey objected tc answer re other numerous h'gli'9 in Waihi and Waikino, because he v\as afraid lie would be incriminate 1.

Refused to say whether the' fight for which he was now charged was the last fight he had had in Waihi. Sa>J he might incriminate himself.

Harvey went on to say that tto liart held the championship of Yorksh.re lor nine months. This was three years i g<. He had fought a half-caste Chimaiun in New Zealand—and won. He w.ns a jaok-ot'-all-trades. Had been a warder at Avondale Mental Hospital. Wonted there lor a few weeks; didn't resign; got full of the job and "left." lie had worked for a short period ab the Krnpire Hotel, Wellington; was there icr "a decent while" ; would call three daj-s a decent while.

Pressed to say how long he I id been there and where else he had worked, he replied: "That's my private business."

Told by the magistrate that the quostiou must be answered, he repeated: "But that's my private business, your Worship."

His Worship intimated that it was also the court's business.

Harvey said that after lie left the Empire he went to work at the Columbia ; stayed there five weeks; and then went to the Pier Hotel, where he stayed for less than a month. He worked at these places as a waiter. At the beginning of last winter he was driving for Grey and Menzies at Auckland. Then he "lived on his income" ; later on taking on a small job excavating. This" lasted five weeks. The last employment he had was for three weeks at Fairbarn and White's. Then he came to Waikino. Refused to say whether he had any fights at Waikino because he might incriminate himself.

Asked how many times he might be incriminated concerning his Waikino record, he replied: ''Oh, that's all in between, Mr. Lundon." He had been ongaged by Mr: Rhodes in Auckland and wa« given a bonus of 2s. a day for scabbing. All the scabs were getting the 2s. bonus. He wns not a miner: had never before workod as a miner. Came without testimonials or qualifications. Hβ had never carried a revolver in New Zealand, but had done so in other places. He "had a go" with Hagen, which the police stepped after seven rounds.

Zealand, but had done so in otner places. He "had a go" with Hagen, which the police stepped after seven rounds.

Harvey refused to answer further questions. "Seeing that the answer might incriminate you, I won't prest it." said counsel for the unionist. The witness refused to answer re another threafl made by him. "It might incriminate roe, your Worship," was the reiterated explanation.

There was some cross-firing between counsel and witness at this stage. "Dc you mean to say you used these words in the presence of ladies?" asked counsel. "Ladies!" snorted the pug; "I wouldn't call them ladies." (They were working-men's wives.)

"You don't know mc, or you wouldn't ask that," said Harvey a little later. ''I know your weight, and I know you came from Avondale," said counsel.

"I am not a puppy," said Harvey, later still.

"No; I understood you were a pug," said counsel.

Asked why he had not gone quietly away instead of getting into the fight, he wanted to know why he should leave it to The Maorh-and Worker to cut him up along with others who were afraid to retaliate on the strikers.

Then, a3 he became more and more confused, Harvey lapsed completely from his mincing, English-"Johnny" attitude, and made a series of startling "bulls" that set even his fellow-scabs shrieking with laughter. One of these "bulls" will not bear publication, but the lighter ones included the statement that the witness had seen an "alteration" between certain persons; that the atmosphere was deserted; that Edwards had brought his "augustus" fr.iend along, etc. And he capped it all by saying: "That's what I want to impose on Mr. Lundon, your Worship."

A climax was reached when Harvey made a statement no mention of which Had been previously made by the other witnesses or by himself. Counsel was pursuing a relentless cross-examination, the witness was becoming more and more confused, and the perspiration was standing out on his forehead, when he suddenly shouted: "Oh, shut up!" and brushed* the tears away with the back of his hands.

Told by the magistrate that he could be dealt with for contempt, he proceeded to answer .further questions. He said lie had been all over the colonies, although he had not been out here more than two years. He had not remained in any one position tor any length of tme.

At this stage, Mr. Lundon made his application for adjournment, which was opposed by Mr. Mays and Mr. Cullen, and refused by the magistrate, the facts iv connection with which are reported elsewhere. When the court sat next morning, Scott, the witness alleged to have been with Harvey when the fight occurred, was not produced. That morning (Friday, November 29) Barfitt was charged before the court, when Mr. Lundon's charges were made re the refusal of the police to permit him to see his client.