TARRING AND FEATHERING.

Taranaki Daily News, Volume L, Issue 60, 31 August 1907, Page 5

TARRING AND FEATHERING.

THE OPUNAKE SENSATION. THE SEQUEL. EIGHT PERSONS COMMITTED FOR TRIAL.

The body of the .Magistrate's Court building was filled yesterday morning, when eight residents of Upunukc •■■p pcared before the Stipendiary Jlagis-1 trate, .Mr 11. S. Fitzlicrbert, to answer a charge arising out of the recent "t.ir-j ring and feathering'' incident in that town. Sergeant lladdrell prosecuted, and Mr R. Spcuee, of Stratford, appeared for the accused. They were Charles Cameron, Daniel 0 Sullivan, James llickey, I Harry Oickson, Charles Hodgson, Richard O'Dej, Oliver Cross, and George Looncy. They were charged that en the 3rd of August at Opunake they did together with divers other persons to the number of twenty or more cau-e and take part in an unlawful assembly, being an indictable offence. :

■Sergeant Haddrell, in opening lis case, said that on the night mentioned a large number of persons proceeded to Mrs Lister's house in Opunake, where a mm named Hill was staying. They were told that Hill was not in: but that was incorrect. I'ltiinatcly the' men forced an entrance to the house, Mrs Lister and her daughter were roughly handled, and the man Hill was taken out, propelled down the road by the feet of the crowd, soused with mud and water in a water bible, tarred and feather ed, dragged again and thrown into a creek, continually ducked and dragged

in the water, then forced to take nil oath to leave the district. Hill and others hid identified some of those tnk-

I ing part in the affair, and they were now Wore the court. His lirst witness was Herman Edward Hill, a creamery manager, who said that at the beginning of August he was living at Opunake. He had stayed at Mrs Lister's for ten weeks, as a paying guest or' boarder, at her own invitation, ilo paid 14s a week. At about 8.30 on tile night of August 3rd, he got up from V):e fireside, remarking to his landlady, Jf anybody comes for me, I'm out; I'm goI ing to bed" He went to his room, and shortly afterwards heard a knock ;,t the door. Mrs Lister, accompanied by her daughter, went to the door, Mr'sj! [ Lister taking a candle in her hand. He heard a question asked, "Is Hill in?" ( Mrs Lister replied, "No, lie's not in."' J A voice asked, "Where is he?. I want s to see him on a factory matter." Mrs < Lister replied, 'Down town, I suppose." t Someone replied, in an authoritative f tone, "He's not down town, Mrs Lister." i

Heard a sort of shuttling, and heard Mrs Lister say, 'Go out of inv house."

Witness then walked out of his' bedroom, through the sitting room, and met Cain eron face to face. No word was spoken. Just after that, and before he had time to-look around, the back door of the kitchen was opened, and he was "collared from behind and bustled out of the house" through the front door. He resisted, and his ejection was rough. He should say five or six men handled him, and he saw about twenty waiting outside. He was carried through the gate and bustled to about fifteen vards from the front door.

I'he S.M.: How many had hold of you at this time?

Witness: WeU, your Worship, th?re wasn't enough of mc for all to lay hold of. The S.M.: That's not an answer. Witness: There were seven or eight. He was thrown down on the road, and they pushed him along with their feet

in a very rough manner. Subsequently one said, "Where's the rope? We'll rope the b ." He thought O'Sulliv.in said this. He was struggling and shouting, and one of his molestors tried to gag him with a handkerchief. They placed the half inch rope round his waist, tied a slip-noose, and dragged him along the unnietaUed road.

The sergeant: How did thev draff you? " .- b Witness: .Just as a team of bullocks would drag a log to a timber mill. The Magistrate: You didn't expet they were going to saw yon up, did Mr Spcnee: He Ind verv doleful anticipations by this time.

Witness continued: They dragged him for four chains ami into til- '"water table near Duncan's, where thev threw in ml ami water in his face. Then they thri w him out „n air embankment. Me tri-il to beat them, but they were too mmy for him. He heard someone s-iv "Where i s the tar and brush?" and they started to tar his head and face and ears, and then thev threw some feathers on him. One of thnii struck a m'tch to set fire to his hair.

The P.M. said this detail did „o( affect the charge of "unlawful jssenilily." Witness continued: Then they tried to strip his trousers off him. The braces were too strong— The S. M.: A good advertisement f t: r the mm who made them. Witness: 'Then someone unfastened the braee-hiittons at the hack, held „p hfa vest and shirt, and tarred his hack. He remembered hearing someone siy, "Don't strip him, boys; there might ie women about."" Then they hauled on the rope again, aid dragged him another four chains along the road to a small bridge, nnrailed, where he was thrown bodily into the stream, which at that point was about two feet dx inches deep. The distance from bridge to water was about three feet six niches. Xot liking to get themselves wet, they tried to pull him out again to fie bridge. That proved impossible. He tried to crawl out on the shallow side, and w,is pulled back into the water! Then they kept pulling him from side to side, jerking him into the stream each time that he attempted to get out. Once or twice he was kicked back. This went on for five minutes. He had opportunities of seeing the crowd. All the accused were there, and Cameron and O'Sullivan and Dick O'Dca were taking the most active part. The crowd was no smaller. All were laun-h-

ing, seemingly quite delighted with themselves. The noise could be hoard I he thought, fully 200 or .WO yards!! Xone came to his assistance. None remonstrated", as far as he w-.s awn re. I He was quite "done up" by this time. tlie tar burning his eyes and face. Then they took him by force into a little cottage neir the bridge. There was a candle burning in the room. They seized him, crying out "Apologise." He recognised Cameron, Hodgson, Dickson, Hie"key. O'Rnllivan, Looney, Cross, and O'Dea in the room. He saw Jimmy Duncan there, and Lister was lying on j a bunk. The crowd remained outside.

The Magistrate again interposed that the~p details were unneressnrv.

Witness said Loonoy hold him down. Tlicy nil san<; out '-Apologise, apologise to this man," referring to Lister. "lie asked. for what? What do yon want me to say?" ire was still 1,0-ing ing ill used. Loonoy asked, "TVill y->u le:ve the town before daylight in ihe morning?" .and the rest ciioriissed the question. Witness asked why he should leave. They threatened to reneat the performance if he did not clear out. f-onney h;mded a pair of seissors to a man, and the latter ent witness' hair. Constable Hickman came on the scenic | and all bolted by the back, door except. TMckson. who ealleil out, "Tlon't run away. /Isoys: stay and see it through now.'' liiekey returned, and said in the presence j>l the eonstolile. "Tf he doesn't leave the town welT do it again." Witness accompanied tlie constable fo the polire station, and on tlie way some on" —he thought it was Dick O'Dol—pushed him twice. Fully twenty followed hehind. When he arrived at the «1- Y tion he was cold and shivering, and '"''•ring from tlie effects of the tar. '■■'•■:■ .-./cYing some attention from 'he ■•"i-tiilde. he returned to his lodging. Ur tri.fl to horrow a revolver from (he "•instable fn r self-protection, but this w.is irfu-ed. As the result of 1/ie affiir Mr<_ isfer and fwo of the chfldren ti'it" in a state of nervous prostration. They could not sleep at night, or ..,( nevf dav. TTo left Opnnake on \T,.,.,],v afternoon, acting under the ad- '«" '< Constable TTirkman and Con--t-bl.. Kelly, of l!ahnfn. He liarf not I" hi-i knowledge giv,.n the accused anv c->-,. to lnt.. r f..iv «!H, hi,.,. tt„ W: „ -till --ifferin" from the ~ir.-cts of the H--,ni!t. and could not sl,.en n< night. O'l-jng fo his sh'tiered nerves. Ift, suffered severely for a w-t. Afr Sncoeo asl-el no ouestions. Helen Caroline T.i-lcr. wife of f:,>«,-.-„ residing at Opnnake, said «iie

routed her residence in her own name. Ilill hud been boarding with her from jMiiy last. She remembered the night of the disturbance. She idenlified Cameron and Cross as two of the men who came to her house and asked for Hill. She tried to shut the door, but they [pushed their way in. She told them to go out, but they persisted in coming in, ami one died out, "Boys, to tlioi back." .She could sec the faces' of others

utsidc. Witness was seized with faintness, nd was accommodated with a chair - n the lloor of tlie Court.) Continuing, stic said she could .not ec how many were outside. Cameron md Cross came in. Cross struck a ight, and went from room to room 'wring in. They wore the child,™ ameronsaid to Cross, "Come out ol here," ari<l they went down to tin imng-roon,, and brought Hill out bodly, knocking the light out of witness ■and. Others had come into thi louse hy the hick and front ,] M , They knocked her daughter down m, •rushed witness in passing. SV f„]i„ lT Hi them, and saw (he m«n dra- mi uvny down the ro .,;t |„ i) lnl .. ail " s „„.. ner. TxTwro' they threw hiiu into tl, ivatcr-table and then on to the cmbudf merit. It was n..f. moonlight; it \va 'lirk. She could not see how man men were there, h„f prolinl.lv ahiu lu-cnty-five. She saw (hem throw Hi' into the creek, and then she went f<i he police, and returned with fVmstnhT 1 irkmnn to Oordon Mitchell's cottar III" and some of tho crowd were I side. Someone called her j„. a vil name, and she went home. Her ehi n were terrified for nights, and natn laily she was upset. . To the Bench: She had not been liv mg apart from her husband. He hai never said anything against her keepin. a boarder. He, had been away fi? r home, When he came back to the tow He stopped her credit everywhere Jlis ft? 1 * J T,' U , DOt ""island hoi Hil'™i * r * l,ouM 1* in one house wit. house M " COU ' ll ill alwU »

/"the S.M.: The crowd hooted and «- The, eouldbe heard The next evidence was that of Doris Jblcr, a young gi r ), daughter of the «v.ou, witness. Shehad^cconjned r mother to the door and seen Cross mf Cameron when they can* for Hdl >uc bore out the evidence given of the omuic entry of the hous/and of "le »mult. She recognised Cameron, Cross, >*uUivan and O'Dea. She saw- the men yg-ill do wn the street, and heTw " to get Constable Hickman. Next nd Ur-tin at Duncan's corner, and handd them to Constable Hickman Xween there and Mitchell's cottage fhe o«nd a post-card addressed to Mr ?^od D d^ootlS Stetr d r the no,ae - sue *»* ««*i>y Constable Thomas Hickman, of Opu■ake, gave evidence that on 3rd Aim Lt »| had beer away from Opunake and etnrncd about 8 o'clock that night He "»t »p town He was near the Op" ■ake Imies office> and P» L C eln n , ;f', I Het, i oUg,,ttliere ™ l ome footballers about In consequence ( omothmg he heard J, c wont to q way The' ir ° oUt t&oe I,Umlred •way There were men standing about he Place, and he &w a number of people inside. He elbowed his way i„ f d "1 a ,r°° m he recognised Hill. He as standing up. His face and head covered with tar, and there W a s a 'opc round his waist. He heardT Hill 'bout his leaving the district in the S, *'"« «* wfe*. the crowd ri'"" M . e f «"«1 «"t, "Come ack, bojs; we it out." Some carne >.ick. He saw all the accused tnere. He • » ,1. r °l"' 'P r «ducnd) from Hill's ivaist V*itness heard a remark by some'"that f Hill didn't clear out Hill to the police station for protection Md on the road down he was interfered nritli. 11 itn-ss remonstrated with them twenty «r thirty people followed to the station. H,!l i,y t l,i s tim(l „,, s in n of partial collapse, his clothes were wei and muddy, hi., head, face, and bad, smeared w,t„ ,ar. He saw the ma, examined by the doctor next dav. There were marks of decoloration around hiwaist anil under the arms, and he hm II II cleaned himself with hot water an, oil, and left The station in Mrs. "Jstor* company, returning to Mrs lister' h<>»*\ Hill asked witness for a revolver but he replied that he was not <'r„j n „ f, be a party to shooting anvbodv " " Serp.,, n( lladdroll: he'ii, such ( m.ght have shol somcon

| Witness: He wasn't in the plcasantest " hmnours, I can assure you." He a, led that next morning, in company : with the g,rl Lister, he found (he tarbrush and tin, and feathers Iraring itraees of tar, "

S.Tgcant Ihuldroll was proceeding to adduce evidence of alleged threatening behaviour on the Sunday following hut Mr. Spence objected. It was elicited however, that as the outcome of the <lisurbance he was reinforced I.y Constablo Kelly, ol Rahotu.

To Mr. Spence: He would not have gone to Mitchell's but for Doris Lister', inessage. There was no unusual noise, there was no noise when he approached the house, and tlie crowd dispersed qui-t----ly enough. He ua( j Tem - md no ' com . plaint from the neighbours. All he heard was like the cheering of nailers, rherc was no noise to warrant his interference.

Mr Spence, without having cross-ex-amined_ the witnesses, submitted that the police had quite failed to adduce anv evidence of an unlawful assembly as contemplated by Section 83 of the Criminal Code Act, under which the action was brought. They had brought certain evidence of a combined assault upon the man Hill, but there was no evidence that these men had assembled with the intention of carrying out an intention of umuituously distrubing the peace of the community He submitted that the crowd was merely the outcome of the assau t. Was there ever a light or an assault without its attendant crowd? Thev ! i . n cv,lleucc 0( Constable Hickman mat there was no unusual noise; there was no tumult, and there had been no complaints from the neighborhood Thcr ■ had been no proof at all of an "unlawlul assembly," and he contended there was no case to answer.

Mr Fitzherbertjeld that a prima facie casejiad been made out. He considered there hail been evidence of an unlawful assembly, of a rout, and a riot. The accused pleaded "not guilty," and the detente was reserved.

Mr Ispence asked lor bail, and thought their own recognisances would sufliee the Magistrate remarked that this was a serums affair, and the first happening ol the kind, lie thought, in the colony. These men broke into a house seized a man, dragged him, tarred and leathered linn, dropped him into a creek on a winter's night, and then tried to compel him to make an apology. Had I the man been delicate the consequences I might have been very grave, and these men arraigned on "a. far more serious charge. I| e would, hwever, admit the airn.-ed to bail, each in his own recognisance of £SO and another surety of ,C 25 each. Bail wiia immediately forthcoming. »