MARION COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXII, Issue 8890, 9 August 1907, Page 2

MARION COURT.

POLICE PROSECUTIONS Before Mr Stanford, S.M.

On Thursday James Freeman, (Mr Ladloy),Oswald Jefferson (Mr Lyon), Thomas Coleman (Mr Collins), and Frank Jefferson, Alfred Jefferson, John McKinnon and Charles Gibbons (Mr Cohen) wore charged that they did nso threatening behaviour in Martou on 37th July, a Saturday

Sergeant Bourkc, Wanganui, who prosecuted, asked that tiro cases bo

akon together. , Mr Coheu urged that they be taken

separately. His Worship said there was a separate charge against each one. Mr Cohen" said it was most, embarrassing, as some of the defendants may not have created a disturbance. Each defendant conld claim a right

to a separate hearing. His Worship : “1 think they have a right to bo tried separately.” Sergeant Bonrko : Some of tho evidence" will cover the whole lot and I can bring evidence to prove disorderly behaviour against each individual. It is only prolonging matters to have evidence repeated seven

times. ~ , . , .. . His Worship: I certainly thinx each, has a right to demand to be

tried separately. , The Sergeant thou proceeded to take the informations separately. John McKinnon was charged with having thrown an egg at John!’. Sieely.

Mr" Cohen appeared for accuser., who pleaded not guilty. The Sergeant said the information was. laid under section 2, sub-section 26 of “The Police Offences Act.’’.ln this case ho was prepared to prove that accused was one of a largo crowd that assembled on Saturday (night—37th July—at the White Hart Hotel corner. It was estimated that from 150 to 200 were there J ml after chenr- , ing Gibbous they hooted Constable Fitzpatrick and behaved in a most disorderly manner. Thinking the crowd would disperse tho constable moved up tho street but the mob took advantage of his absence and went round to tho police station. Mr Cohen ; Get to the egg business. I submit this is irrelevant to tho subject. iiis Worship : Don’t interrupt. The Sergeant, continuing, said there was a. demonstration in trout of the police station and ‘‘when the Constable’s wife opened tho door a big stone was thrown at her, and a shower of stones wore thrown on the liouso, Mud 01.10 ot thorn went through the window. Tho mob were composed of, what lie might term, tho ‘‘sweepings” of a public house bar. Mr Cohen : Oh ! -

The Sergeant; Yes ; the demonstration was without doubt against the constable and stones were thrown at him, and two respectable residents who endeavoured to remonstrate with the crowd also had stones thrown at them. It would bo proved, that McKinnon was one of the leaders and was seen throwing an egg. The only 7 reason for this demonstration against the constable was that ho had dtpio his duty fearlessly and without favour. Mr Cohen : The egg was not thrown at the constable. His Worship, addressing the Sergeant: Stick to your information strictly. All witnesses were ordered to leave the Court.

John F. Sicely said ho remembered July 27th—Saturday night. A disturbance ccmmouccd just after 10 o’clock. Hoard cheering and hooting and went across to Messrs Davenport Bros. ’ corner, but wont homo soon after. Ho heard the fire hell ring and thou wont down town again. The crowd was now in front of the Bank of Now Zealand. Stones

wore flying about freely. He was hit ou the side of his head with an °Mr Cohen: It was a fresh egg—newly laid? Witness: Yes. Mr Cohen; How long were you up in the Club? Witness : About 20 in urates. Mr Cohen: Did yon see Mr Id:-

Kiunon throw the egg? Witness: Yes, I saw somebody throw it. Mr Cohen : How many drinks did you have that night? The Sergeant: What has that got to do with the question? His Worship: Do not interrupt Mr Cohen.

Witness: I only had one drink, about four o’clock.

: B. G. Signal, clerk, said ho was present at the disturbance-. Ho saw Mr McKinnon standing iu front of the bank. He came out of the crowd and throw an egg at Mr Siccly. Ho saw it strike Sicoly. Mr Cohen ; What were you doing there? Yon ought to have been homo in bod. Witness : I think I had a right to bo there. * Mr .Cohen: Apparently not; other people had no right to bo there. Von wore enjoying the fun, I suppose? Witness': Yes, it was only fun I saw.

Mr Cohen: You regard it as a good joke? Witness: Yes, but the egg was not a joke. Mr Cohen : Yon will bo pleased to learn this was a fresh egg? Witness: Yes, I beilovo it was.

Allan Signal gave similar evidence as to seeing McKinnon throw theegg. The crowd must have numbered 200 and there was hooting, yelling and cheers. Mr Cohen: Would you call it a disturbance? Witness: Yes.

Mr Cohen: Were you iu Wanganui ou Saturday night last? Laughter and “Silence iu Court’ ; referring to t’uo Webb demonstration.

Mr Cohen : Wore you not surprised at not being charged with participating iu the Martou disturbance? Witness: I was not participating. Mr Cohen: Of course, you arc an exception. John Touucut also deposed to having seen the egg strike Mr Sicoly. He saw McKinnon throw it. There was nothing more than fun going ou at the time.

Constable Fitzpatrick said ho know McKinnon and saw him iu the vicinity where the egg was supposed to have been thrown. Mr Cohen said the information did not disclose an offence. There was no proof that the person or property was damaged or iu danger of being damaged. Throwing an egg was not an offence. If it caused any aggravation a civil action for assault should have been taken. Under the section ou which tho information was laid there could bo no offence, unless it could be proved that Sicely had been damaged. That had not boon shown. Ho 'submitted there had been no criminal charge sustained iu this ease.

His Worship said he would convict under the section on which the information had been laid. It had been proved that McKinnon threw the egg and lie would inflict a lino of £3, court costs 17s, and witnesses’ expenses ISs. James Freeman and Oswald Jefferson wore charged with wilfully breaking a window at Martou Police Station.

Mr Ladlcy appeared for the former and Mr Lyon for the latter. Accused pleaded not guilty. His Worship ruled that the informations he taken together. Sergeant Bourko said evidence won Id be called to show that accused tnrow stones at the police station. It was not necessary to prove that the stones thrown by accused went through the window. They were engaged in an unlawful purpose. Mrs Fitzpatrick came to the door and a stone was thrown at her. If it had struck her and proved fatal then everyone throwing stones at the time would be guilty of manslaughter. It was on these grounds the case had been taken up. Mr Lyon contended Hie section could not bo strained that way. It could not possibly apply to the Police Offences Act. It was not an indictable offence. Ho asked His Worship’s ruling on the matter. ■His Worship: T do not rule at all at present.

Constable Fitzpatrick described What had taken place. After. the hotel had closed a crowd, numbering from 150 to 200, commenced cheering and hooting. After going through them ho continued on his beat, thinking they would disperse. While up the street he heard stones falling < on the roof of a house. In going towards High Street he saw the crowd returning from the police station. At the White Hart corner Freeman' appeared to be the loader. A window was broken at the police station and the roof was damaged and would require .to be overhauled. Freeman was dressed in his working clothes and was therefore most conspicuous. To Mr Lyon: He did nof soe them throwing stones. They were coming round the Club Hotel corner. Ho know the three Jeffcrsons and coulddistinguish Oswald Jefferson throwing stones—this was in front of the Bank of New Zealand. When his

r tack was turned the stone throwing ivAvrould start. K'Sf To Mr Ladloy: Did not soe Five* K man at the Chib Hotel corner; tin. If is near the police station. I ; Aubrey Hjpolv said he heard stones falling on aThouse. He saw Freeman go (orvards The police stationSidney Clark rorneinwwod w----.-,. Freeman leading the cro \!} L.UjVte' him going towards the])oli-- - > Witness wont through the cour t >an and got into the u °'* L’on 1“ back entrance. Stones cam. on u-. r °To Mr Lvon: V S> ;i:r “ nt 500 ' vh ° not see Freoxo Mr g, ov - ;ir i street to the mim go ruo-iK-' poHco phroy identified t/.wsi' 4 ■ ; , ;ii (ii; r ii!■*> ho worn hut liv-nvait -o >ii;l v:}l : ( .u J o fi>niou \va^ JJc lived nextdoor tofejiiliasiMe:!. Do tereniau throw a '’’'op- ~ To Mr Lad ley : Jr there was another jjiija dressed lie-’ freeman ice me.laive mistaken burn r I Hn-di V.iiim-; snid in' saw .tree-| rani in from A, (he police station. i He ki'-’.v him hy the trousers lie j vrcijV—iS T.> 7.1 v J.V 'M : i;M ur<i | similar ew-'| ( F:se aad.ia cm w;v to Mr Lyon j a*- i-.-.iri net. suy it anyone ei.-m iYL w :■ <■: ii-_: v-. idle }r-",u--< rs. | " William Smi'h saw -Jefferson ami I is,. a in the crowd taking part in i ,■„ ...ihw. It- followed the ! H" il-yv smCon. _By ( he j . ;-f ~f.( i; • ,1 .fehVVSO'I Jit. r-M VC- . him imac-’.-lea that ho was j • i ;;s si ones. i ''j'c, Mr ! :He was sure he saw i Toff-rson in C-mit of the station, j Others w!-' also i browing stones, i r j’e M - j.a-lhy: H-' saw Freeman Tj I •’J ]’ (I! I ‘ jl' 1 . 1 • Edward Hussey said lie was, in the. vichiiiv .11 r!ie police station and s , w o.' .b-ffersnn throwing stones on tin- - !u< ion house. He had no doubt nii-'ii: 'him and ho distinctly aw i.i.ujdoiwip

'fo'idr liven: Could not say if the Ktona thrown by .lei Arson hit the window. . Wi-s Fitzpatrick said she opened r r ,,y o’."tor of r!;e house when -s!ic i'.. r .i ih . demon,a ration. The stone ;. ;dvait :Hs: weight, WHS the id,,', j |,.,i ;,r- 1 • the window. V|-!e.d,,i, I--,, i lie* ■a--e for the proseUI -'s idv.n area-' i that it must he sh'iv-a hrit ;i.•cased w:is the person who bn dm the window. Tlio ovl-v,-:-nr to .-h;iw that several per--go-.s view throwing stones. *’jj;,. Worship said Section 73 was in his mind s'; U-i iy applicable. The -irmni-nr of Mr Lyon that tne, ('riniinal Cede Act did not apply V as iaeon-ect. Kvory one wiio was » party to the affair was guilty of the offence. Mr Lvon said lie honestly behoved that It should be .shown wiio actually broke tie- window. Mr Lttdlov said that no evidence j W :I h-eii elicited to siiow that Freeman vs-, there when the stoncthrmvin'r took place. Ho was proparrd to call evidence to show ho ( v: m net there if His H'orsliipdesired. Hi ; M'or.-.hip: On tho evidence Myna I shoulil certainlv convict. 'Air Dudley thou called J. F SntherIriid t!. Htowart, Alih'ed Hhorwin, ;p,, U i' - Drown, C-. FoUett and Mrs clever.!', who deposed they were with Freeman at i-'havpws corner vlii-n Hr,' stone, throwing took place, , m i jh : >t be, left for homo about

lo.::d. ][■;, Worship mid b ob dcfondauN to ids leiud" were distinctly guilty ■nil vvou’i 1 l;v com h r-d. Any jicrsnu i«vs> at con! : c.- cvmvicred. Tlie ouiv wise course to adopt in such caws was to leave tin* mob and not oven remain us a spectator. There was 110 doubt liieeu two men were iiiesriit when iim window was Irolcen. K:wh .T-fendinit wouM be tbicd fil'd and c.-:s. Ho witnesses’ cxiicuses vvouid hr allowcl. Mr Ihvoii r.pjdicd for leave to appall, which wa- granted ami secLirity was iiv,-! a--e:vdiugiy. Tl;.- iiiieviird i.eis against Oswald Jefferson nid James T'vepinuu for throwing St,.;;-' ■' wore withdrawn. Thu casi's for using threatening behaviour were rhea talcum Mr l'oheii now suggested thuv he heard together and asked His Viers!>ii» t» bear in mind tho merits oi oar! 1 charge. Const aide Fitzpatrick gave evidence as to t'ne '."'•cused being present

at t!;e disnirhanc: —Freeman being at t.ho Jioail of affairs, at the While Hart corner and Oswald and I 1 rank JclVerson when tic n-nwd— ivliic'i laid now dimini.-hed !o of> —was in front <>f the Bank of New Zealand. Soiuethiug was said about- giving a mini a smack cn tho mouth but witness warn 1 ’ 1 .! tT , mi' Mr Colieu : V.Tiy did yon only take 'iuformatiou.- out against those men? IVitncss; B-cause they were tho last to leave, with tho exception of Freeman. Mr Colieu : IVhy did you not let those iwcile ciioev 3lr Gibbous'-'

Ttif-v v;i-a" v-i-fvcly wiviiiu their local rights. ‘lt did not matter if n tiieu-o.’i i 11 •;-j/]■• were present, it was net an e‘ah i nco to cheer. Did

von .miiear ainouast them. " Witness: Yes, I did. His Worship: it was the constable's duty to go amongst them. Mr Co'.icii: Did tiu- constable go among?: the crowd in Wanganui last Saturday. Witness; That was a different crowd altogether. Mr Cohen : Did you know Mr Gibbons was a popular man? Witness: I would not like to say: it may he with a certain class. Mr Cohen: I mean he was a popular i on-l proprietor. Witness : Yes, that- may he. M.v Cu'ia■;< : Did yon know lie was popular with the majority of residents of Marion’; Whuc.-s: 1 don't know that- ho was. Mr Cohen: Did you know his parents were greatly respected? • Witness : Yes, they were held in high resticer?.! Mr Velum Did they annoy you irlien Mr Gibbous was being cheered? Witness: I went into the crowd because I heard hoots being called for Constable Fitzpatrick. I had no personal feeling in the matter. Mr Cohen : I suggest you showed lack of tact in going among the crowd. Witness: I was doing my duty.

Mr Colieu; Why did "you select these per.-ons? Was it not because they v.v.v relatives and friends of Mr Cil/li ia-'.-Wirncs-: It was through information received. Mr Cnh-n: Do you suggest these wore the only men who indulged in hooting-. Witness: Mote informations may follow. Mr t'.'heu; What breach of the police did they infi-nd to provoke? Wit lie. s : Evidence to be called. Will prove Mint. •Mr Cohen: What breach of the poace did C. Gibbons provoke? Whiles.- : I saw him with Ids hat drawn ever ids eves. ' Mr Cohen ; So vou want to punish him for viiar. It’was not an offehce io do 1 Par. To. Mr Lyon : Did not sec a breach of the peace occasioned but throwing au egg and breaking a window was a teach.

F. C. Wilson described tlio cou•asci oi' some fit' accused. Ho could tat distinguish the J.dfcrsous. He saw Cihhons there hut- lie was not takinv ;m active part. If it had been a dark night there would most likely have ],: ,■[) ;> hit;- row. Ho considered Hat Coushtblo Fitzpatrick acted, in a Oost forbearing manner. John Id. Steely, Wm. Smith, Edvard Hassev. Auhrev Siccly and S. Clark jaavc similar evidence to mat I given in the former cases. The, Sergeant said he would still rely on the Criminal Code Act. Mr Cohen argued that it was Becossarv to prove that each defendant luv.l occasioned a broach of Iho peace. This had not been done. Not a single witness had said anything about a broach of the peace or any--1 thing against accused. The conduct of these men was not threatening. Is it conceivable, Mr Cohen asked, that a crowd of people is responsiblefor the act of throe or four men in throwing stones? Mr Lyon contended that the movement of the crowd was continuous, therefore O. Jefferson having been convicted for one olfcnce could not ho punished again. His Worship; Ido not think so, Mr Lyon! ;*■ Mr Collins said there was no cvl- • fence against Coleman. ■ Mr Ladlcy pointed oat that J’ree-;-®an had gone home when the breach 'M the ]n*aoe was alleged to lauc :hten nlacc.

i'.His Worship said lie would discharge Coleman as there was some ifeabt if he was there. With regard it® the other six there was no doubt, I they ■were with the mob and that ptouo throwing was indulged in and ytjndows broken at the police station. |Pf course, it was very difficult to pick I fat six or seven and charge them the offence, and let others pass. » ought to be more standing be-

* fore him. But tliat did ret ( < dcfen'.iauls. It was tho duty of evervono when they came across a mob" to clear out. ‘ Tiu: defendants did nor- do trait but enjoyed the fan ;s (hey thought, lie found them i g oily .;f liKhoffr nee and a line of fit ; m wwiM be imposed, with Court -. H’.; anil four wiiueasu:!’ exp :t--os ;i.jionut i’a.g to ;Ms. •Tudgwent for t;cr<>ndc.nt was given in Id:-.' case of F. J.lercer (Mr Lyon) v. John Head (Mr .Ladloy), claim Hi (I.;, solicitor's fee. £1 Is and court costs ds; on tho 'ground of infancy when the goods wort delivered. Defendant was now 2J years of age and obtained the goods in ibO-1.