KENNETH KIDD AND PETER LEAF.

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

KENNETH KIDD AND PETER LEAF.

Kenneth Kidd (.unionist) and Peter Leaf (.half-breed and strike-breaker) were chnrged with threatening behaviour on November 9.

Constable Williamson said he heard Kidd say, "You dirty scabs I" in a loud voice.. Leaf struck Kidd, and the latter retaliated. A lot of trouble wascaused by men from Karangahake.

Mr. Jackson sought to draw from the witness a statement that the words used by Kidd were "You dirty, scabby snakecharmer," but the constable denied this.

The constable, tinder cross-examina-tion, said he couldji't name any Karangahake men who had come to make trouble. Kidd had not been in town for six months. Leaf punched Kidd in the face without asking for any explanation.

Leaf had been scabbing for about two months, the evidence showed.

Commissioner Cullen said he saw an altercation taking place between Kidd and Leaf, and parted them. They both left when ordered to gp away.

Mr. Jackson at this stage wished to examine Mr. Cullen re fore and after events in. connection with the strike, and in spite of Mr. Lundon's objection, and in spite of tiie fact that in all previous cases evidence referring to anything that happened after the time and date of the alleged offence was barred, Mr. Cullen was permitted to give evidence on the matter of JN'oakes' case which happened two days later, and which had already been dealt with by the court.

The gist of Mr. Cullen's evidence was that the scabs had had great provocation as well as the police. He him* self' had been called "scab" by people standing about the Miners' Hall. He entered upon a general eulogy of the police ut Waihi, and said there w,as no truth whatever in the statements published by The Maortland Worker concerning the things done by the police. He also made a statement generally denying Noakes' statement, and asserting that Noakes had retracted the charges at the Miners' Hall. He had never struck a man since he had been in the force, but had himself been struck while endeavoring to protect the scabs. The police, he said, had the general approval of all the "law-abid-ing" people in Waihi. Hβ had recognised that there was bound to be a clash, and had told the unionists that the day was bound to come when they would be attacked by the strike-break-ers. The strikers had told him that if he took the police away they would soon wipe the place clean of the scabs. Karangahake people were always a disturbing element. Police were detailed to watch a gang of Karangahake men who were going about, but he couldn't give the names of any of the gang. Edwards was one of them.

The magistrate pointed out that Edwards was a Waihi man —had his home there.

In response to a challenge of this statement by Mr. Lundon, the witness said "they were "jailed Karangahake men." It must be remembered that Mr. Cullen's evidence was tendered in a way that precluded the possibility of reply, and it must also be borne in mind that Mr. Kennedy, in the witness-box, stated that when Cullen demanded an apology from Noakes at the Union Hall Noakes refused to retract. It must also be remembered that in court when Mays demanded that Noakes should withdraw his statement, Noakee arose and said he stood to everything he had stated.

Mr. Jackson refrained from putting the Maori in the box, and the "4ft. 9in." witness was not called.

H. S. Crowe was alongside Kidd when the fight occurred. Two Calderwoods and Jim Hagen were also present. As the seals passed, someone said, "There goes' the snakechanner." Leaf stopped, took a whistle from his pocket, blew it, and the crowd came back. Leaf said, "Who said 'snakecharmer?' " There was no reply, and the question was repeated. Then Leaf buttoned his coat and hit at Billy Calderwood, whose hat was knocked off. Kidd pushed Calderwood out of the way, and Leaf then struck Kidd, and blackened his eye. Leaf only attempted to defend himself, when the police came and separated them. W. Calderwood corroborated. "You know Mr. Cullen?" asked the prosecuting counsel. "I should think so," replied witness. "I stopped his walking-stick on one occasion." He took legal advice, and didn't think it worth while prosecuting, for the simple reason that he wouldn't get a fair deal in the courts that were controlled by the other side. Had been a picket at Waikino. Kenneth Kidd gave similar evidence.

During cross-examination, Mr. Mays asked if it was not a fact that defendant had written a certain letter. Kidd denied that this was bo.

"A letter in which you stated what you would do with the arbitrationists ?" queried Mr. Mays. "I will swear that I never wrote such a letter," said Kidd. 'Now, I warn you, Kidd," eaid Mays. "We have got that letter."

•'Why don't you produce it, thenP" asked Mr. Lundon.

"We will produce it in due time," said Mr. Mays. Mr. Lundon said this line of crossexamination was outrageous. If Buch a letter existed, it was proper to produce it.

Mr. Kidd said he would swear he had never written such a letter.

Then a policeman whispered in Mr. Mays' ear.

"Did a mate of yours write such a letter?" was the next astounding question, revealing the tact that the previous declaration that the prosecution bad Kidd's letter was a Hβ.

No explanation was offered for this extraordinary method of endeavoring to wring an admission from a defendant by means of open, falsehood. It remains to be discovered who was responsible for the lie. Mr. Kidd assured the writer that he had no knowledge whatever of Buck a letter.

Mr. Mays continued to probe for information as to the person who might have written such a letter, and Mr. Lundon interjected that possibly it was "the man with the whistle." ,

Bostock whispered ferventfy to counsel for the strike-breakerß, and the magistrate intimated that the charge against Eidd would be dismissed. Leaf had acknowledged hie guilt.

Cor.tlriue.i f-*orri r. dge 2

Alhert Martin (a lad of IP of 17. k dentist's apprentice) arid F. Fuprell (strikebreaker) Were rtith threatening behaviour. who is a grown man. had mi attack on Maffin, and the latter dealt out Mrmsb in a way that snrprj?f'l sea Mom. Martin pleaded miilt.v f> thn=hin<-< Fugell, and the latter nlearWl not guilty Constable Kelly hrtndfri in n care-fully-prenared list of epithets which be iilleged the union women b".d employed, but failed t.n c;i\-e tie mime of any oto woman. "They called M 8 a ----- renb. your Worship.' was thf almost tenrful wail of the witness. who=e utter di'i'iterestedness was detnonstrnted by bis volunteered declaration that "matters became worse after the God nf Socialism came here, your WorShin."

"Who is the God of Socialism?" asked the magistrate.

"An individnnl mrred T?ohert Semple, your Worship." replied the "truthful" Kellv.

Sergeant McKinnon (who saw dntv iri the coal strike at ppnnistori in ISf>o) wanted to Ml the court that, alt.lionih Martin wasn't si Fodpratifiriist, th-f attack 'in him was IH° O'lteorfrr , of flic strikers gathering on the footpath and calling out, 'scab."

This sort of hearsay evidene was too strong even for the magistrate, who <'ut the servant's effort short.

In the end. Martin, the boy -who had only retaliated when attacked, and who had pleaded gnilty, and Fugoll (the grown man who whs tho nssnilant, and who was found guilly .iftor pleading not euilty) worn niied exactly the same amount.

Of course, MhHiii wasn't penalised for being :» Federation sympathiser.

Ninety per cent, of the. German and English populace are opponents of war. They are only injured by it, make no profits out of it aud receive no national presents nut of it when they have be<Ui shot, into uselessncss. —Dr. David. Compromise may be useful, but oinnpromiso cabling principle overboard is a suicidal policy. —Dr. It. C. Wills.