INCITING A STRIKE.

Ashburton Guardian, Volume XXXVII, Issue 9126, 23 October 1917, Page 2

INCITING A STRIKE.

TWO APPEALS Dl SWISSED.

AN UNEXPECTED DEVELOPMENT.

WELLINGTON, October 20. There was an unexpected development, to-day in connection with the appeals of WiUiam Thomas Young and Frederick Charles Howell, who were recently convicted by Mr S. E. McCarthy, S.M., of inciting a seditious strike. Young is secretary of the Seamen's Union and Howell the assistant secretary, and the charges were in connection with, the stoppage of coastal shipping. Both men were sentenced to three months' imprisonment, and they appealed on general grounds, alleging that the Magistrate had found against the weight of evidence, which, they contended, did not reveal any offence.;

When the appeal was caJled in the Supremo Court,.. to-day . (says the "Post"), his Honour the Chief Justice (Sir Robert Stout) was on the Bench. Air P. S. K. Macassey appeared for the Crown and Mr M. Myers, K.C., mth him Mr H. P. O'Leary, for thf« defendants. ; .

Mr Myers stated that Mr; Macassey had shown Mr O'Leary; and- i himself only that mprning. somo; telegrams whieli '■'. had not been- a.vailabfe; before. They were new matter. Counsel continued: ''Of ; course, as your Honour knows, an appeal of this kind is a rehearing. Evidence may be called, and need not be restricted to the evidence given in the Court below.: The telegrams submitted are telegramß which passed between* one of the appellants in Wellington and the other in Auckland, and they place the whole matter in a somewhat different light from before." , Mr O'Leary had seen the appellants, and in vieyv of the telegrams, which could, be produced by the Crown, it had been decided not to proceed with the appeal. One could not help regretting that such a course was necessary, as there were fiorae important points involved on which rt was advisable to obtain an authoritative, judgment. However, the opportunity might arise later.

His. Honour: I hope not. Mr Myers went on to refer to the various aspects of the War Regulations, especially the somewhat unusual section relating to evidence. But for the telegrams since discovered,* •;he would ha.ye had no hesitation, in ftubmittiug, that; the evidence was not sufficient to warrant a conviction.

His Honour: What you hare done, Mr Myers; is* just what I«would expect' from, an honourable, upright, and able counsel. You have done whnt is fair to the, Court and fair to your clienta. AH I ban do is dismiss the appeals. Mr Macassey asked for costs. His Honour replied that he would only grant nominal costs, ,n« he did not want to increase the punishment of the men.'- ■ i.>, ■■ /" •

Mr Macassey drew attention to witness* expenses, which would have to be met, and his • Honour subsequently! decided to allow those expenses only. The .-amounts [were' to be fised; by the Registrar.':.:, ;.' .■..,,'' „.. „ '.' ■"' '; : .: ;

Before leaving the Bench his Honour stated that it was very teod to-see'the seamen in their present position. It was not for him to say anything, tut if they would accept a little advice, he would tell them to adhere, to the decision of the Arbitration Court. From what he knew of the men who run the Arbitration Court,-he was satisfied that they were anxious to do what ■was fair. *' ■■, "•■■' " :