THE CASE OF HENRY BARFOOT

Maoriland Worker, Volume 3, Issue 92, 20 December 1912, Page 2

THE CASE OF HENRY BARFOOT

» Sidelights on Events of Black Week IMPORTANT EXAMINATION OF WITNESSES I Evidence of Vital Concern Extraordinary Contradictions Accused Discharged

SPECIALLY REPORTED BY H. E. HOLLAND.

Magistrate Burgess failed to materialise at 1U a.m. on Tuesday, December 10, and it was 2 p.m. before Barfoot's case was called. No explanation was offered re the magistrate's d*'lay in arriving. Henry Barfoot was charged with "common assault," the previous charge having been withdrawn. The plea was "not guilty." Mr. Mays prosecuted, and Mr. J. R. Lundon defended. Mr. Mays explained that the charge of "unlawfully assaulting" consisted of pointing a revolver at Walter Harvey and others. Mr. Lundon protested that tho withdrawal of the indictable charge and the substitution of the summary charge was a trick to prevent the opportunity for testing the evidence between committal and trial that tlie indictable charge would have furnished. He was now entirely in the dark as to the evidence he would have to answer. Ho (counsel) had asked the clerk for the names of witnesses, and although subpoenas had been issued, no record whatever had been kept in the court of the subpoenas —the names of witnesses were'not even on record. This was an extraordinary situation and in order that Barfoot mights not surfer the gross injustice that might otherwise follow, he asked the court to proceed upon an indictable charge and allow him to advise his client as to whether he would choose to be dealt with summarily or go to a higher court. xSlr. Mays vigorously opposed. He said Barfoot had no choice. He would agree to an adjournment, but not to the course suggested. Mr. Lundon said he would not agree to an adjournment. He would be in exactly the same position when the court met again. It was information he wanted. After further discussion, the magistrate decided to proceed with the

would be utterly false. He did not see either Evans or Barfoot fire a revolver. It was while in Dr. Craig's he pointed the revolver at the crowd, who were menacing him, because he then felt his life was in danger. When he was sentenced it was apparently because the bullets had been made expansive. This had been done for the purpose of shooting game, and not to shoot human beings. Mr. Lundon remarked that apparently the sentence on Doyle was a scandalous miiscarriage of justice. Mr. Lundon asked if there was not a large amount of money in the safe. Witness said he thought so. Mr. Mays interjected: "Do you know?" After an interchange between counsel, Mr. Lundon. exclaimed to Mr. Mays: "You don't know! Why, your side broke the safe open; the money really was stolen." Witness said he had been knocked about to such an extent that he had not yet recovered. Mr. Mays objected to witness replying re the way the scabs had assaulted him. Mr. Lundon argued that if Doyle had found it necessary to draw a revolver to defend himself, it might be that if Barfoot was similarly attacked he might I have been also compelled to similarly defend himself. Mr. Mays interjected: "Oh, you be hanged." . Mr. Lundon: This is a court of justice ; not a variety show. To Mr. Lundon: Witness was on the bed and not under the bed. He drew , the revolver to protect himself, and after he had been disarmed uhe crowd of .scabs battered him so that the next morning his eyes were so badly bashed that he could, hardly see. One of the police had had a great struggle to get the baton from one of the scabs who j wanted to strike him.

After further discussion, the magistrate decided to proceed with the case.

Arthur Doyle, who had been brought from Auckland jail, said he went with Barfoot at 9 o'clock on November 11 to Stowe's to see if they could get Stowe's revolver. Barfoot went inside, and when he came) out witness asked him if he had got it, and Barfoot said "Yes." but didn't show it to witness. Then they went to Mrs. Brooks's place and from there to the hall, which they reached about 10 o'clock. Murphy and a striker' named "Jimmy" came up later, and the latter left about midnight. Murphy left about 9 in the morning.

Mr. Lundon objected to the answers' being put into witmess' mouth by Mr. Mays.

Doyle went on to say that at about 4 in the morning he asked Barfoot if he had any cartridges, and he said "Yes." ' He (Doyle) got one off him; took it out of the revolver. They went into the reading-room. , Couldn't say whether there werf any cartridges in the revolver. The cartridge fitted his revolver, but it wasn't one of the two found in his revolver. At after 6 in the morning Evans and some other men and four or five women arrived. They did not all come together. They were all standing on the doorstep, when Barfoot called out to the women and men to come inside, as there might' be trouble. The women and some of the men went into the reading-room. Evans remained in the passage, and Sowerby and Richards remained outside. When the scabs stopped opposite the hall, he (witness) went out to shut the door, and someone (not Barfoot) shouted to leave it open. Evans was at the office door and Barfoot at the reading-room door. He then went back into the reading-room, and was there for a few minutes, but couldn't say whether Barfoot was there. The women asked that the back door should he opened, and he was some seconds finding the keys, which he had mislaid. "There is another bit of evidence which I forgot last time." While looking for the keys Barfoot came and told him to hurry up. He had just opened the back door, when he heard a shot fired. The women rushed out, and he followed. Didn't know who was behind him, and couldn't say whether Barfoot or Evans was in front of him. .Didn't lose possession of his revolver until it was taken from him at Dr. Craig's. Barfoot on November 9 had told Evans not to shoot unless some of the men drew a revolver on him. To Mr. Lundon • When he opened the door lie left the keys in the lock. There were three keys in the bunch —one the office key and another into the little room off the reading-room. The office door was not in any way damaged when he left. That door must have been smashed after he left the building. The safe was quite sound when he left. Evans had said-on. November 9 that he would not be molested, and this had led to Barfoot advising Evans not to shoot unless shot at. The windows of the hall had been broken, and it was generally known that the scabs were carrying revolvers and batons, and he and Evans had resolved to defend themselves if attacked. Stowe had asked them to guard the hall, as it was anticipated that an attack would be made on the hall, as it was known that attacks had been made on shops whose owners were sympathetic towards the strikers. Barfoot had never been armed prior to November 9. The only time they carried revolvers was at night, and then only to defend themselves if attacked. Barfoot and he left the hall at> 5 on Sunday and also on Monday. After they left the windows were broken by the scabs. The windows had been repaired, and he couldn't explain how they came to be smashed later. Barfoot had no revolver on Sunday night. Never saw Barfoot discharge firearms, and as a matter of fact Barfoot had always discountenanced violence. Barfoot had done his best to avoid trouble on the morning of the shooting. The-only reason they were waiting that morning was to liand the keys to the secretary. The reason Barfoot had advised them to go inside was because a riot had occurred on the Monday, and it was felt that trouble might occur. So far as those at the hall were concerned no word was spoken and nothing was done at which the scabs could have taken offence. The only time he had drawn a revolver was when he changed it from one pocket to another. If anyone said he had drawn a revolver it

Mr. Mays sought to show that the action of the scabs was natural and justifiable.

To Mr. Mays: He had no conversation with Barfoot in which the calibre of a revolver was mentioned, neither did he hear Barfoot and anyone else having a conversation. All tlie revolvers, including Evans's, were .32 calibre.

Mr. Mays declared that Evans's revolver was .45 calibre.

Mr. Lundon asked Mr. Mays to produce proof of this.

After reference to the police, Mr. Mays declared that Evans's revolver was .32.

A stiff re-examination that was virtually a cross-examination failed to shake Doyle's evidence.

W T alter Pearson Waddell repeated the evidence given by him at the inquest. He had heard a conversation between Barfoot and Doyle. One of them said: "What have you got?" and the other answered: "A thirty-two."

To Mr. Lundon: He was excited that morning and certainly feared personal injury, because he knew what had happened on the Monday. It might have been possible that it was not Barfoot who was in conversation when the words stated were used. He might have been mistaken. He had not seen a revolver with Barfoot then or at any other time. While he was running away he thought a shot was fired at himself.

To Mr. Mays: He certainly did not think that if Richards and Sower by had gone inside the trouble would not have occurred. The fact of what the scabs had done on Monday made him think the trouble would have occurred anyway.

Mr. Mays sought to show that there was cause for the attack on the shall.

. Mr. Lundon: If we could get the private instructions issued from Wellington we'd find the "cause."

W. Ritchie (a. brother of the extraordinary witness who in a previous case swore that Doyle had fired two shots out of a revolver which the Crown alleged never had.been fired) was put in the box to say that the trouble of November 12 was caused by someone calling out scab. The door was about two inches open, and as he passed he heard Doyle and Barfoot inside. They pulled the door shut when the row started, and "some of our fellows" (scabs) went up and pulled the door open. Just as they did this he saw Barfoot with a revolver, which he fired. The revolver was pointing towards the floor.

To the S.M.: If the revolver had been fired it would not have struck the floor. Mr. Lundon again objected to witness being led.

Ritchie went on to say that after Barfoot fired the door was shut, and two other shots were fired. He saw Harvey outside the door. Wade came and opened the door and went in, Harvey and witness following. Witness then heard some two or three shots in the reading-room—two or three shots. The scabs then rushed round each side of the hall into the paddock, and he waited on the footpath, where he saw them cany out Evans and Wade.

To Mr. Lundon: He would he 19 next month. He had been struck off strike pay for refusing picket duty. Had drawn strike pay for 16 or 17 weeks. He then went over to the other side, and started work a week later. He made a statement in writing on November V 2 to Detective Sweeney at the police office. Barfoot would be about three feet from the ground when lie was on the second step at the hall. He had gone past the door and had returned because a man unknown bad called out "scab." He was near the front of the Procession, and there was only one man m front of the hall. He knew Sowee-by by sight; Sowerby was the only man he saw there; yet he couldn't say whether Sowerby had called out. It might have been one of the. scabs calling put: "Say scab now I" There was much laughter in court. Mr. Mays repeatedly endeavored by interjection to assist the witness, and even supplied the answers when witness got confused. Ritchie swore that Sowerby was the only man he saw there. The man who called out was hustled out into the road in front of him, but positively could not say who was dragging him out. He wasn't concerned about it. He now said that the man was hustled into the road behind him.

To the Magistrate: He had gone on five yards, past the door.

The Magistrate: Then if you had

gone on five yards, how could you see what was happening, behind you? I To Mr. Lundon: After the hustling was over he saw someone pulling at the door, but couldn't say who. Had known Delaney for years, and Harvey since the strike, but didn't recognise them there. Didn't think Harvey was one of those pulling at the door. Up to this time nothing had happened! inside, and lie knew of no justification for tho attack on the door. Couldn't explain how, while five yards above, the door, he could see anyone who would be trying to open the door. There was a lot of people on the step, and he say hands upon the door. He saw only one hand on- the door; it was on the knob. Half-a-dozen people on that step wouldn't occupy much room. To the Magistrate: The knob seemed to be above tlie man's shoulder and the hand seemed to reach up to it. To Mr. Lundon: The knob appeared to be about 4ft. 9in. up. No one was saying anything. There was absolute silence. He didn't expect anything

He was then unfinancial till June, 1912, a month after the strike oommenoed. He received his first strike pay on June 15, and on the 18th paid 12a. arrears and ss. special levy. He drew 14 weeks' strike pay at 15s. and six weeks at 7s, 6d. —a total of 15 guineas for 20 weeks. His brother, A. Ritchie, drew £18 Bs. strike pay.).

Henry Bostock asserted that the door was about a foot ajar, and three men were behind the door with revolvers in their hands. One of tftaw was Barfoot. A shot was fired, but he could not say by whom. Then the door was shut from the inside. Constable Wade opened the door, and went in with Harvey, witness following them in.

To Mr. Lundon: He had given evidence twice before in these cases, and had never once mentioned that Barfoot was at the door.

During an exchange between, counsel, Mr. Mays remarked that he had "crossexamined" witness in a previous case.

when he saw the scabs trying to get the door open. He was not without instructions —he knew what to do. "There had always been a procession from the hall up." Ho couldn'ti say whether the processionists had ever before gone up to open the door. He had followed one procession of scabs on November 9 —when Martin and others were chased. He was not in working clothes that morning, but said he had them under his arm. He had a baton in his hip pocket; he "made it as a matter of curiosity." Some others were i not in working clothes. Saw Harvey draw a baton that morning at the door of the hall. The door was pulled open before the baton was drawn. Couldn't say who had.hold of the door when it was pulled opan. Saw Barfoot inside when the'door was opened, but couldn't say who else was there. There were still some people on the doorstep. The door was only pulled half open. Two or three people remained on the doorstep when the door was pulled open; couldn't say what became of the others. Harvey was hammering on tho door with his baton. At this stage, Mr. Lundon asked witness to demonstrate the position on the courtroom floor. Mr. Mays continued to put answers into witness's mouth. To Mr. Lundon: Although the shot was fired out of the door it didn't strike anybody; he wondered why it didn't. He had signed a statement written by Detective McSweeney. Mr. Lundon asked for the signed statement, but Mr. Mays said he had not received any signed statement. Mr. Mays refused to produce the statement, the magistrate upheld the refusal, and Mr. Lundon asked that a note be made of the fact. Mr. Lundon next requested that cross-examination be postponed until he could put Detective McSweeney in tihe box to produce the statement. Mr. Mays strongly objected. The magistrate said Mr. Lundon was entitled to compel the production of the statement if it was held that the evidence of witaess was inconsistent with that statement. During the tea adjournment, the magistrate visited- the Miners' Hall for the purpose of viewing tho door. After tea the statement taken from witness by Detective McSweeney was produced. Mr. Lundon proceeded to cross-ex-amine the witness on the statement. The statement set forth that the procession stopped opposite the Miners' Hall "owing to someone, name unknown, calling out scab." Witness now said that the detective may have made a mistake. He didn't know that the man who was alone called out scab. He had said in the statement that he had; "seen Evans and Jones standing In the doorway." He had previously j said, and now said again, that he had j never seen Evans in the doorway, and j had not seen any other man just then, j He had seen that statement at the i police station the previous evening. Detective McSweeney had shown it to him. He "wanted to see it to see if he was still of the same opinion." He had sworn he read that statement over before signing it. He now said that portion of his statement was untrue. He had found out last night at the police station that the portion referring to Evans was untrue, and that Barfoot's name should be there. His brother had sworn that he (Albert).had broken the catch on the door. He) now said that he had never seen his brother there. His brother had sworn that Evans fired the shot which he (witness) now declared was fired by Barfoot. His brother had sworn that the bullet Evans fired passed between him and another. His brother had also sworn Doyle fired two shots, and that he did not see Barfoot there at all. He could not account for the difference in his statement' and his brother's. "He supposed they were all shooting." In his statement to the detective he had stated that "Evans and Jones closed the door." He now said that the detective ' "might have had Evans on his mind." That was the only way he could account for the error in the statement. He also said in his statement to the detective that two men opened the door. In his evidence that day he had said h© only saw one hand opening the door, and he stood to tlie latter statement. He still stuck to the fact that aix men were on the doorstep, and that he saw one hand on the knob. If Bostock swore that Doyle was the only man with a revolver he would be wrong. In his statement to the detective, the words occurred: "Other shots were then fired by —" This was then scratched out, but he couldn't say why it was written down or why it was scratched out. Harvey had also said that "Evans fired the'shot at the door." He (Ritchie) was the only witness who said Barfoot fired Harvey was first in, said witness, although Constable Wade said he (Wade) was first in. He was quite sure that he saw Harvey with a baton In his hand. "But," said Mr. Lundon, "Harvey swears he lost his baton on the 11th, and had none on the 12th." In answer to Mr. Lundon, witness admitted that he made a baton four days before he ceased to draw strike pay. Mr. Mays interjected that he probably had made it to knock out the "ivorkers." Witness said Mr. Mays' statement was untrue. He proceeded to say that he had only made the baton "as a ! matter of curiosity." . Witness further said that he had received the summons the day before from Detective McSweeney, and at once went to the police station to see his written statement. Mr. Mays suggested that witness had probably forgotten what he had said. Witness denied that he had forgotten. "Then," said Mr. Lundon, "Mr. Mays is wrong again." To Mr. Mays: Johnston, who was shot, was on his left after the shooting. "What was your baton —a piece of bamboo?" suggested counsel. "Yes," said witness. (It might be interpolated here that Ritchie joined the Miners' Union in July, 1911, and then paid initiation fee and two weeks' subscription. Six weeks later he made another payment—2s 3d.

"You went through the farce of an alleged cross-examination," said Mr. Lundon.

Bostock said he had made a stateniunt to the police on November 12 re the occurrences of that day. He remembered seeing Barfoot all the time, although he Was excited. At the inquest he stated that Foster, Johnston, and himself had gone to the lower door after the Richards incident. Up to r«iat time there had been no shooting. He

went there to try and get to Sowerby

—"to give him what for." He had sworn then that he had only seen one revolver. He had not said anything about three revolvers because he had not been asked. If he had then been asked to tell the whole truth he would have told it. But Barfoot's name wasn't mentioned to him by counsel. He had also said he saw men and women inside the building. He had said in his previous evidence that it was Doyle who held the revolver.

Mr. Mays interjected that the detective didn't know enough to take a statement re Barfoot.

Mr. Lundon pointed out that the warrant for Barfoot's arrest was issued that day.

Bostock admitted that he had "suppressed" what he now wished the court to believe about the three revolvers. Notwithstanding that Constable Wade swore that he found the door open, he (witness) said Wade swung the door open. He had stated that Barfoot's name was not mentioned, yet in his sworn statement he had said that Barfoot's name was not known to him. He did not know how to reconcile these statements. "Is your latter statement true?" asked counsel. "Yes," said witness. "Then your former statement is a lie!" said counsel. Witness had signed that statement, but could not say whether it was true. "Are you a convicted perjurer?" asked counsel. Witness would not say whether that evidence was right or wrong. "Whichever way you put it, it's perjury," said counsel, "and you'll probably be attended to about it." Bostock now said that the statement that he did not know Barfoot was not true.

"Then," said counsel, "if you swore that, you swore a lie." „

Further cross-examined on his evidence concerning Richards and Sowerby, he said the word "bloody" did hot appear in his first statement', but was added to his second statement.

"This was said in the presence of 300 men," said counsel.

"No; there were only 150 there," said Mr. Mays.

"There were not more than 20 or 30." contradicted the disconcerted witness. ' ",

Bostock continued that Sowerby had not said a word," yet He and the two others wanted to "get to him." In bis original statement, he had said that four or five men were in the hall, and "one of the men was holding a revolver." He could offer no other explanation of that misstatement than that he was not asked anything except about one man, Doyle.

Counsel pointed out that Doyle's name was never mentioned.

Bostock here declared that ne was taken to the police station to identify I Doyle as the man who held the revolver, j He had been going into the hall to see where Sowerby was, and if he had found Sowerby would have assaulted him. He admitted that the scabs had never been assaulted by the unionists, "but they would have assaulted us if we had not had police protection," Baid Bostock. In his statement to the detective he had saifl th**. Harvey hit the door with his baton and it opened. He had also said in his evidence that this was not true. He had read Constable Wade's evidence, and would not say whether Wade's evidence was correct. Wade and Harvey were the first through. When Johnston was Bhot he jumped behind witness. It was true he (witness) had sworn that he didn't even know Johnston was shot. He couldn't see the swinging-door at all. Later on the witness said he could see the swinging-door. Tlie left-hand-side of the door was swung back a little hit; "it was wide open." He could Bee nothing on the other side of the door. He had said he "saw all the strikers run out the back door," and still he had also sworn that he had seen nobody. The swinging-door was more than halfway towards the back of the hall." (The swinging-door is not a quarter way towards the back.) He had also said that "prior to going through, the swinging-door, which was closed, he had heard another shot." He had also sworn that he never went through the swinging-door. "He may have stepped through the swinging-door; in fact, he turned back at the swinging-door. A policeman broke tlie door of the office open, and he went through that way to the hall and out to the back. Didn't know who the policeman was; but Commissioner Cullen authorised the breaking ol the door. He had said in his statement that he heard only two shots firflrt in the hall, but he had heard one fired outside. The second shot was fired when the front door was closed. This was the first time he had ever -mentioned that a shot was. fired when the door was closed. He wouldn't swear that Barfoot fired one shot. He went to the office to search for strikers—although he had previously stated he had seen "all the strikers" going out the back. The bursting open of the door was done under Mr. Cullen's. instructions before the shooting In the paddock, fie had said in his statement: "After going to the back door he retreated to the office to search theire, hut found the doors looked." He now said that was untrue —he never went to the back door. He had said in his statement that the "second shot wa3 fired in. the readingroom by some of the strikers." The detective had omitted a portion of his statement.

At this stage there was a sharp conflict between counsel, after which Mr. Lundon declared that Mr. Mays' retpeated interjections were made only for the purpose of giving the witness time to arrange his answers. Witness said his second statement was made to Detective MoSweeneyy at the police barracks.

Mr. Lundon asked that this statement should he placed in the witness' hands, Mr. Mays having admitted that the statement was in his possession.

Mr. Mays refused positively to consent- to the production of tho document. He contended that the witness could not say whether the statement put in by Detective McSweeney as his was really his.

The. magistral**- upheld Mr. Mays' objection .

Mr. Lundon said he would put. McSweenev in the box.

Mr. Mays said he would object to McSweeney being called by the defence.

Mr. Mays made repeated efforts to block Mr. Lundon's lino of cross-exam-ination.

Bostock said he had mentioned to the detective on ""a. couple of occasions that. Barfoot had a revolver, and very likely a. note of his statement had boon taken.

To Mr. Mays: Ho had already said that the office door was burst open before the shot was tired in the paddock. He now said that statement was incorrect. Ho bad beard no shot firoxl in the paddock.

Mr. Mays asserted that the safe was broken open under a search warrant, but ho had not seen it.

Mr. Lundon asked who issued the search warrant, and said he didn't be* lievc Mr. Mays' statement that he hadn't seen it.

Mr. Mays then sot out to endeavor to draw Bostock out of the tangle which the cross-examination had landed him in. At 10 o'clock the courfo adjourned.

WEDNESDAY, DEC. 11, 1912.

On Wednesday morning the first witness was Thomas Henry Johnston . He said that on the.morning of November 12 he had turned round just in time to see the door closed as someone went in. A' man was standing near the righthand leaf, and another near the lefthand leaf, with his hand on the knob. It was Foster who had his hand on the knob. The man on the other side was Bostock. Witness also took hold of the door and tried to force it, but the pressure inside was too strong. The door came slightly open, and he went back against the wall, and he and Foster were jammed behind the door on the wall. Those inside pulled the door to. When the door went shut 1 , he immediately got his foot on the step and pulled the door open. When the door again opened, he got ready to rush in. He saw five men inside, three in the front row aud two in the rear. The three in front had revolvers. He had moved a step sideward afld backward, ready to rush the hall. While he was in the act of springing at the hall entrance, he was shot in the leg*. He was under the impression that three shots were fired. He went out into the road after he was shot. Then he began to realise that the unionists in the hall might get away, and made another attempt tjO rush the hall. Afterward he was taUen to the hospital, where the bullet *%as extracted. He had only come to Waihi since the strike, and didn't know any of the men he saw, "but some of the outlines of their faces he knew he could identify if he saw them again." He had since identified Barfoot in court as one of those in the. hall on the 12th, armed wjth revolvers.

Under cross-examination, the witness became at once excited and angry, and was remonstrated with by the magistrate. The door was certainly not more than a foot open, he said. Bostock was at the right leaf of the door. He would not swear that it was Bostock who was there. He didn't know the "pug." In his own mind, Harvey was there, but couldn't say whether it was Harvey or Bostock. His impression was that it was Harvey who was there. Didn't see either of the Ritchies there.

Mr. Lundon: Albert Ritchie says he opened tho door —broke the catch of the door.

Mr. Mays came to the rescue, and seemed to' the writer to be tendering evidence for the witness.

Johnstone went on to say that the procession stopped because the strikers had uesd the words: "Go on, you scabs!" and "Scabby bastards.'' He was just opposite the window of the ball when the words were used, but could not say who used the words. The first expression came from within the doorway, where a few strikers were standing. Barfoot was one of those who was standing either at the window or the recess. Witness was about twothirds of the way to the; rear of the procession. When he first saw the group in front of the hall he was crossing over to the hall side in the procession, the scabs marching five abreast. Couldn't explain why the procession deliberately crossed over to tho Miners' Hall. When the expression was used Barfoot was moving from the window towards the hall door. He had thought, that morning, that tho procession would get to the hall in peace—"he meant get to work in peace." He didn't know how oftenthey marched in procession from the Rob Roy. He would not swear whether he had ever walked in procession past the hall before. He thought he had once before walked up on that side. He was in the procession on Monday, but couldn't remember what part of the procession he was in. As far as he knew, the Tuesday was the first time they had marched up on the hall side of the street. When he saw the few strikers outside the hall, he concluded there would be trouble, because he was told more than once they would be shot down like dogs. The last time- he was 'told that was on the Saturday before the brakes were used; that* was over a month prior to Nbvember 12. He did not wish to say by whom he was told that; he was told it by a member of his own family. Ho came from Australia.

At this stage Johnstone objected to answering riuostions concerning where he had worker]. He had never worked as a miner previous to coming to Waihi, but- had worked in sowers. . Witness, continuing, said he had carrier) a baton, hut never a revolver. Had never seen anyone with a revolver in Waihi—"l thought, you meant, our workers." he corrected himself.

"Just, as wo got. to where I was. we rll ramp to a. s+anrlstill." was the extraordinary continuation n ' witness' narrative.

A raking cross-examination, in which the witness' confusion was betrayed in a loquacious outburst, and from which ■Mr. Mays occasionally vainly endeavored to extricate him, followed.

Hie word used when the procession stopped was "similar to the word 'scab.'"' If might, have been, "Say 'scab now." It was only muttered. Tie was watching Richards, who was hustled out in front of him to the road: still he did not havr Ins hacK *■> the door. In spite of tlie fact that every other witness had sworn that Soutboy was tlho man who was alongside Richards, he persisted that it was Barfoot he saw. Probably Sonthcy and Barfoot had changed places.

Harvey appeared in tho doorway, and when Mr. Lundon drew attention to tlie fact, Mr. Mays made the astounding statement that Harvey was not a witness for the prosecution (although Harvey was the man alleged to have been assaulted).

Witness declared tliat the expression "scab" had been used by some of tho strikers who were outside the door after Richards was grabbed. Mr. Lundon pointed out that all the) other evidence on the side of the prosecution was that, with the exception of Son they and Richards, everybody, including Barfoot, was insido before any expression was used. Witness still persisted that the words were used by strikers other than Southey and Richards, and these strikers were outside the door; hut could not tell who tho strikers were who wore outside the door. He couldn't identify a, single person going in the door, and was positive that a number of persons went in after Richards was hustled. The first time he forced the door open, he saw no one inside. At no time did he see either of the Ritchies or Harvey or Delaney at the door. If Albert Ritchie had said he (Ritchie) shut the door, it would he incorrect. _ Mr. Mays once more interposed in aid of witness with regard to Ritchie's evidence, and Mr. Lundon invited Mr. Mays to put Ritchie in the box—an invitation that was promptly declined.

It was not true, witness added, that Albert Ritchie had shut the door, as Ritchie had stated. Probably Ritchie had seen things differently to what he had seen. Ritchie must have got there before witness.

The magistrate asked if Albert Ritchie was to ho called, and Mr. Mays made the still further extraordinary announcement that Rltohfe was not to be called.

Mr. Lundon said everyone who was present a t the raid should be called. This was a. case for investigation, not for suppression.

The magistrate asked why certain evidence should he selected and certain other eyidenre which might influence his decision be suppressed. After a very weak "explanation" by Mr. Mays, which didn't seem at all to impress the magistrate, tho latter pointed out that the Crown witness had sworn that the door was 2ft. 9in., and that through that space ho had seen three men.

Mr. Lundon intimated that the exact width of the door was Ift. 7jin.

Mr. Lundon said that there were four men whose evidence should he produced. The evidence of Harvey, who was the man alleged to be "assaulted 1 ," was being suppressed by the Crown. The magistrate insisted that Ritchie should be called.

Further cross-examined, witmess said, assuming that the door was the width stated, the first three men were about three feet from tihe door. Barfoot was on, the lower side, and therefore in the best position to he seen by anyone on the outside. He now said the door was a good bit more than half open.

Confronted with Harvey's evidence, in which that witness had said he (Harvey) had stepped np to the door, which was shut in his face, and that when he knocked on the door it was opened, and tho shot was fired by Doyle, striking Johnstone, witness entered upon a lengthy and voluble attempt Ho "explain" the differences in his and Harvey's evidence, until pulled up by the magistrate. He couldn't say where Delaney was.

Mr. Lundon quoted Delaney's evidence to tlhe effect that he had seen Evans fire the first shot.

Witness repeated that he had not seen Delaney there. Didn't know whether the door was shut after the shot was fired. Had first made a statement the morning after he was shot.

"Did you sign the first statement in ink?" asked Mr. Lundon. The witness hesitated. "No," said Mr. Mays. "No," said witness.

Mr. Lundon protested against Mr, Mays answering.

In the statement it was alleged that Harvey had said, after the word 'scab' was used, "Get off this footpath." (He had already sworn he had not seen Harvey.)

Mr. Mays repeatedly answered when the witness was plied with questions. In his statement, witness had said that "the other strikers who were around the door made a rush at our boys," and a scuffle took place between the strikers and scabs. He had also stated that the Cockney and Jack Foster bad first rushed the door. In his statement he had spoken only of

one report, and only one shot. That was the only statement he had made.

To Mr. Mays: One man had told him twice, personally that he would do for him, but he could not give the name of the man. Had never seen firearms in the hands of strikers previously.

To the Magistrate: When he saw the'three men with revolvers they were three fe.et Inside, from the door, and were aiming at thos-c outside. If they fired, the shots would hit anyone who rushed in. Any of the three could have shot, him through the door.

Tho magistrate remarked that it had already hecn sworn that the shot that, struck Johnstone was fired b.\ someone who put his arm outside the door. The court then adjourned for lunch.

When it was found that the evidence of Harvey, Delaney, and others was to be suppressed by the Crown, subpoenas were immediately issued by the defence.

No sooner worn these served than all the witnesses, apparently under police instructions, and also apparently with a. view to blocking the revelations that might result from their appearance in the box. made demands for their expenses in advance, declaring they would not otherwise appear. Joseph Robertson, timber merchant-, said he had known Barfoot since November 12, when he saw him after 8 in the morning at a friend's place. Told him then he had better come with him. Barfoot was afraid to go to bis own place because of the scabs, who had chased him. Barfoot went to witness' place, and remained there until witness went with him to Mnmaku, where he got him a job under the name of Welsh. Then witness returned In Waihi. He interested himself in getting Barfoot away because so many people around his way had been given 48 hours' notice by the scabs to get out of the town, and he took it for granted "Barfoot had been served with that notice. He could not remember having seen Barfoot before November 12. He paid the expenses of the journey. He knew Barfoot would be knocked about if ho attempted to go by the train. Witness had soeni other unionists knocked about the same day. He believed the treatment meted out to Barfoot was sufficient to affect his nerves. Detective McSweeney, in his efforts to get witness to disclose Barfoot's whereabouts, had, at witness 1 Tennest, -iron him a statement to the efferv thin no evidence had been adduced at the inquest to connect Barfoot with the shooting. Witness said the reason he had got Barfoot to use the name Welsh was because he would have been blacklisted if it were known he was connected with the Federation. . To Mr. Lundon: After the inquest proceedings, he ascertained through Mr. Lundon that there was a charge against Barfoot, and it was immediately arranged that Barfoot should return to face it. As soon as Barfoot was notified of the charge, he left for Waihi. Witness caused Constable Skinner and the Federation of Labor to bo notified of Barfoot's' return, and Skinner and McLenuan left by the samo train to meet Barfoot. Tn answer to Mr. Mays, witness said he would not he one to givo up a man who was being hunted by a mob who wanted him before the law wanted him. Mrs. Ellen Thompson, now residing at the Thames, said she was living in Waihi on November "12. Barfoot came to her house on that morning beffweon 7 and 8. He came there for protection. He remained there only a short while. He gave her a revolver. She took possession of the revolver. Barfoot wasn't there many minutes when the scabs came around —a howling mob. "You arosn't say 'scabs!'" said Mr. Mays.

"Well, arhitrationists," said witness, who continued that she went out to jw* what the scabs wanted. They were cursing and swearing. Johnstone threatened to break into tho house. Johnstone opened the gate, and She took up the axe, and undertook to protect herself with it. It was before this that Barfoot gave her the revolver. She put the revolver in the sew-ing-machine drawer. It was an empty revolver. She did-.not know whore' it. now was: did not know what, had become of it. Barfoot had fold her the' scabs were after him, and seemed to ho a good deal afraid. She. then knew nothing of the* shooting incident. She did not ask Barfoot why the scobs were chasing him. Had not seen him before that, morning. She certainly was a. strong supporter of the Federation, and had taken part in demonstrations against the scabs. Was last in the Miners' Union Hall on the Sunday night, prior to the raid of Novemher 12. Left the hall that, night, between f and in. Knew Stowe br sight, also Evans, hut did not, remember if they were at the meetint? on that Sunday night. Mr. Mays made the remarkable statement that he had a list of those who were present at the hall on that Sunday night. Mr. Lundon insisted that) Mr. Mays should produce that list. Mr. Mays declined. Mrs. Thomson said the hall was fairly full. TheTO was a public meeting there that night. When Barfoot reached her place on November 12 he came in the front door, which was open. She heard a noise down the street, and wont oh the front verandah to see what it was. Barfoot came up, and said the. mob was chasing him. She told him to go inside, and he then handed her the revolver and she put it in the machine drawer. ,The reason she didn't* ask him anything was because, when she knew that he was being hunted, she felt fully justified, in affording him protection. She had no timo to ask him anything when the scabs came up. She) left Barfoo. to go out to the mob, and didn't see Barfoot after that. He was gone when, she returned. She had left i-irn in the kitchen. She knew Barfoot; was a striker because the scabs were purusing him —they would certainty not be pursuing one of their own number. ' Mr. Mays sought to make witness say that Barfoot ought to have retained the revolver to defend himself from the scabs. Mr. Mays once more, without get> ting the court's permission, entered upon a hostile examination of his own witness. He asked time after time the same wearisome questions, and received the same replies. To Mr. Lundon: Johnstone was the leader of the mob that came to her house. She wouldn't like to repeat what he said. She would write it down. (The words written down would not bear publication.) These were addressed to herself and her husband. She was standing by the path near the gate. She got down and seized ttiA axe. Johnstone was then attempting to come in. Three policemen wore there, an* one of them told her to put the axe down. Johnstone used that expression in the presence of the police, and she told t'he officers that that was a nice

expression. The police never moved to arrest, the man who used that expression. Johnstone turned round to the scabs, and said: "Mark this hou

hoys!" and to tier he said: "To-night we'll deal with youl" The police had repeatedly told her to "take her mongrels home." The police asked her if sho hud a. man inside, and she said

"No." There were o*"r 100 present, and it certainly would have been hard for any man they got hold of. The police; and scabs then turned and went down the street.. So far, she had heard of no proceedings by the police against .Tohnstnne for the language. The scabs came hack two or three times, and threatened her house. She left Waihi hv the :\ o'clock train that day; they didn't, waif, to be dealt- with at night. That night the scabs came back and brok<* all the windows. Mr. Mays objected to fuither evidence concerning the"breaking of the. windows and the attack on the house. "Can you tell mc why your husband, didn't give Johnstone in charge, seeing that, three, constables were present ?" asked counsel. " Because he knew he wouldn't get justice from them," came the swift and stinging reply. Mr. Mays made an inaudible remark concerning "reports.,"'when Mr. Lundon interjected: "Give us an inquiry, and we'll produce all the Tcports." Asked for the policemen's numbers, the witness replied that she didn't take their numbers, but that it was more than probable anyhow that they had changed their numbers. Mr. Mays said the inspector had a poor chance ;>f investigating these complaints under the circumstances. "Lot us have that inquiry," said Mr. Lundon. "and we'll give you all the complaints and all the particulars. This is only one of hundreds!" Albert Ritchie was placed in the box. He repeated that Doyle fired two shots, but could nob say whether Barfoot fired or whether he was armed at all. To Mr. Lundon: He went back to work a. month ago, and had drawn strike pay up to that time. He was in the procession on November 12, hut couldn't say where his brother was. Didn't see him at tho Miners' Hall. He bad just got to the door when the procession stopped. Two strikers —Southey and Richards—were tho only unionists present. There were no strikers outside the door, but he saw Barfoot and Evans inside. Barfoot was certainly not outside at t/hat time. Didn't see Richards hustled across the street. He had made room to let Southey into the hall, and he (witness) shuttthe door. Immediately after it was pushed open, and Evans fired the first shot. Evans was a yard back from the door. Evans was up against the left-hand side. _ Barfoot was on the right-hand side, slightly behind Doyle. Didn't see Foster there. The only one he saw there was Harvey. Didn't sert Foster and Johnstone there. Neither of those two opened the door. Two other shots were fired by Doyle while tho door was half closed. He didn't sco his brother there. Ho did see Barfoot on that occasion. If he had sworn that he did not see Barfoot at that time, it was not correct.

that time, it. ivas no. correct. Mr. Lundon read from tho depositions in the previous case tho witness's sworn evidence that he had not seen Barfoot at that time. Witness now said ho did see Barfoot, hut, saw no revolver. If,- anyone else had said Barfoot, was on tho left-hand side it, would not, ho correct-. Ho had not seen Barfoot with a revolver at all that d;.v. To thei Magistrate: No ono was botween him and the open. door. If Barfoot had'pointed a revolver ho would have seen it. Mr. Lundon protested against the action of tho prosecution in suppressing tho evidence of Harvey, against whom tho assault was alleged to havo been committed. He demanded that Harvey should bo called. ' ■ _ Mr. Mays strenuously objected to Harvey being called. He said-Mr. Lundon could call him as his own witness if he wished. The magistrate declined to order Harvey to be called. '• 'Mr- Lundon said Barfoot, was charged with assaulting Harvey, and they were now confronted with tho peculiar demand that they should call the man who in. the charge wa b said: to have beien assaulted to say he had never been assaulted. He submitted that there was no - ase for Barfoot, to answer. The magistrate said there was a, case to answer. Mr. Lundon pointed out that so far there was not a shred of evidence to show that Barfoot had pointed a loaded revolver at, anyone. The magistrate said he was not satisfied this was so. Even if it were proved that, tho revolver was not loaded, he could amend the 1 information if he thought necessary. Walter Harvey was called, but did not, respond. James A. Delaney was next called. He came wearing a scab badge, and said ho would refuse to give evidence unless his expenses wero paid. "We don't buy evidence," said Mr. Lundon. Mr. Lundon said the defendant would pay costs.' He declared this was one of the reasons Delaney was not called by the prosecution. It. was an evidence of tho "fair" frame of mind in which the witness entered tho box. Delaney said ho was present, at the hall on November 12 when the scuffle took place there. Didn't see either of the Ritchies or Harvey there. When the door opened he saw Evans standing inside the door with a revolver in his hand. Evans was right up to the door, and would block the door. Ho saw'absolutely no one else. A shot was fired, and he saw Evans with the revolver, but did not see Evans fire. He had said in his previous evidence at the inquest that he distinctly saw Evans fire that shot, He had sworn that in answer .0 Mr. Mays. He was quite positive Evans was the only one in the doorway. The revolver was pointing straight out towards the street. After the shot was fired, the door was closed from the inside. Then Constable Wade appeared and opened the door, when", another shot was fired. This time ho couldn't sec in at all, and was satisfied no one else could sco in. He did not see any of the things Ritchie and tho others alleged. He didn't see Barfoot at all.

Walter Harvey now appeared. He made a similar demand for money before evidence.

Mr. Lundon said the Federation of Labor believed wholly in paying the people jt. employed, and. witnesses' expenses would be available immediately the case was over, but not before.

Witness, sworn, said his name was Walter Edmund Harvey. He had never been known under any other name, and had never used any other name. He

said he was in the centre of the procession when they got to tho hall. He had taken Richards by the shoulder and forced him to tho street. That was near the window. "Tho word 'scab' and 'other epaulettes' wero used." said witness. The words used wero "-mongrel" and "scab."

Mr. Mays made repeated and vigorous efforts to block Mr. Lundon's line of examination. He objected that Mr. Lundon was "endeavoring to discredit his own. witness."

Witness, continuing, said Barfoot didn't, call out, "scab"; couldn't say whether Evans or Doyle called, nor yet whether the. voice that called was male or female. Couldn't possibly say what time, elapsed between the word "scab" and the first shot. He was first to the door after the shot, was fired. Thei first shot was fired inside the hall before the word "scab" was used. He had said nothing about, this shot at. the inquest, but couldn't remember everything.

Mr. Mays once again sought, to block Mr.' Lundon's examination.

Witness repeated that, "as far as he could recollect," a shot, was fired before the door was opened.

Mr. Mays once more objected to Mr. Lundon attempting to discredit "his own witness."

Harvey now said his statement at the inquest was the correct one. He knocked at the door, but not with a baton. Mc had lost, hi<= baton on the Monday, and had never had once since. Barfoot; did not fire, t<i hjs knowledge. Ho saw Evans fire. He was then on the step. Others were behind him. Saw no one else with a revolver.

The magistrate said that before he could convict he would have to be satisfied beyond all reasonable doubt that Barfoot had pointed a revolver. The evidence for tho prosecution had been most conflicting, and ho was not satisfied that the, charge had been sustained. Tho case would ho accordingly dismissed.

As the crowd Wf; Ihe court, Harvey was heard almost tearfully complaining to Delaney that The AA r oaKF.a had said that Lundon made him cry in the wit-ness-box. "Strike mc pink," he said; "it's a crimson lie."

rXotc. —Wherever the name "Sowerby" occurs in the foregoing report, read instead tho namo "Southey."— Ed. "M.W."]