WAIHI STRIKE CASES.

Stratford Evening Post, Volume XXXIV, Issue 47, 18 October 1912, Page 5

WAIHI STRIKE CASES.

ACCUSED GIVEN ANOTHER CHANCE. (Per Press Association.) Waihi, October 17. The cases in eonnoction with the charges of assault preferred by Jessie Beanies against James 'Delaney, miner and contractor, and counter charge by Delaney against Neil, were concluded to-day. Mr. Cotter, K.C., in opening the case for the defence, addressed the Court, in the course of which he pointed out that as a man with a family to defend, Delaney held that lie was entitled to the free use of the public streets to pursue his calling, and not to be interfered with. If other persons felt aggrieved, the law was open to them to take proceedings, bub the law should prevent them from interfering or wreaking their vengeance upon him. Delaney did not consider that the action of complainant was a personal matter, but that she, with others, was acting under instructions, either expressed or implied, or in compliance with the wishes of a number of irresponsible persons, who by their actions had led by the nose certain persons as who should be above such influence. Counsel proceeded to refer to the above as a body of irresponsible persons, who were seeking to dominate the whole of labour in New Zealand. Delaney had instructed him to say that he had no desire to punish anyone, further than asking the Court to give him that protection which every honest person was entitled to. it was a sad commentary ._ said counsel, upon the labour conditions of the Dominion that men willing to.work had to proceed to and from their work guarded by a posse of police. It was also a sad commentary that those misguided individuals had made no effort to find out the law on the subject. Counsel urged that it was the riglß cf any person to earn his livelihood ,in peace and .comfort. Mr. Cotter said that the tactics of the strikers, had been considerably altered lately,, in that women had been placed in the forefront, and the men, from behind the skirts of the women, had sought to threaten or defy the law to take proceedings. In concluding, counsel said that Delaney came to the Court simply to be asked to be allowed to carry on' his calling in the usual way, and to ho allowed the free and full use of the streets in the ordinary manner, so long as he did nothing unlawful, and for that purpose he asked the pro Lection of the Court. James Delaney said that lie had re-

sided in Waibi for seventeen years, and had worked in the mine prior to the strike. He had since resumed Ids work. Whenever he appeared in public he liad not been allowed to move about the streets without molestation, having on all occasions been subjected to “booing” and insulting; language. Me had done nothing to justify such treatment, unless it was that those responsible held that his returning ot work was a justification for their conduct. Witness then detailed the circumstances leading up to the alleged asault. Arnold Bonze, bank clerk, who had witnessed the whole incident, gave corroborative evidence.

The Magistrate said Neil had committed a. technical assault in the honest belief that Delaney was likely to injure the girl. The Magistrate, addressing accused, said; “Do you understand that you have given up ‘bonino’ and ‘scabbing’ ? I ought to, ; proceeded the Magistrate, “record p. conviction, but under the circumstances I don’t.” He would, he added, adjourn the case for three months, but if within that period Neil failed to keep Ids word he would be called upon to come up for sentence. In connection with the counter charge for assault brought by Delanev against Jessie Beanies, the Magistrate briefly reviewed the evidence. He could not get away from the fact that Miller had on a previous occasion asked Sergeant "Miller to let her, bj order, get at Delaney and his wife. •She had also been previously warned about using a hatpin. With this in bis mind, it was difficult for him tf reconcile the, evidence given by the girl. The Magistrate referred to tin iiatnin commenting on the occasion when Beanies had drawn o hiit’un to use it against Constable Brown. Under the circumstances. Del ane- could not bo seriously blamed or blamed at all, in putting om bis font to protect his children. The •r\ i'l admitted calling out “scab, which in itself was an offence, Slie admitted the stone business .and the iiatnin episode. In conclusion, the Magistrate said that he would impose the same conditions as he haa in Neil’s case, and require a promise trom her not to engage in “booing’ and calling out “scab.” There would no no conviction, but he would admum the case for three months, or •die understanding that her promise would he kept. Otherwise, at anj rime within that period she would hi called upon for sentence. In reMid to the charge against Delaney bo would dismiss this straight out. Beniamin Franklin, charged wi.. usin" obscene language, was convict«vi and fined 20s. , Tl,o other strike cases were adjourned till the morning.