APPEAL LODGED

Ashburton Guardian, Volume 52, Issue 207, 14 June 1932, Page 7

APPEAL LODGED

JAMES EDWARDS CONVICTED. INCITING LAWLESSNESS CHARGE (Per Press Association). AUCKLAND, June 13. The hearing of the case of James Henry Edwards, a Communist leader who is charged with inciting lawlessness on the night of the riot of April 14;, was continued. I Giving evidence, Edwards said that he arrived in New Zealand before the war. He earned a living by putting up tea. He described the procession preceding the riot; He said that when , he found the scuffle at the main doors he decided to try to get his men away from there and to assemble them on front of the balustrade to hold an orderly meeting. Before he had time to say anything, he got a crack from behind and fell. A woman appealed to him to do something, saying that the crowd had gone mad. He was helped on to the balustrade, where he told the crowd that the police had started the trouble. He counselled them to crowd round the police but not to use violence. His words were: "If there is to be any violence, let 1 it come from them. If they crowd round you, take their batons off them, but don't use them." Two ambidanee men then took him away. i Cross-examined, Edwards said that though he was a Communist he was not a leader. He left the hospital because he realised that on such occasions leaders were always arrested. He wanted it to be the biggest demonstration in Auckland, but hooligans spoiled" it. Explaining that he. had been subpoenaed to attend, Albert Dickson, secretary of the Furniture Trades' Union, said that after the first, party had charged the Town Hall doors he had seen a mam raise his hands, but could not say or not that it was Edwards. The man was struck and fell. He saw . Edwards later on the balustrade, and blood was streaming down his face. Nothing to Incite crowd. An account of Edwards' speech from the balustrade was given by x Miss E E. Jury. Edwards had said: ''This is what I get for protecting the police yesterday.' To-night they baton, me. I call on this mass meeting to witness that! we hold the police entirely responsible for this trouble." Edwards also said: "You have seen an unprovoked attack on the unemployed tonight." Before calling on those present to pass a resolution, Edwards tried to. draw the unemployed crowd from Airedale Street and Grey's. Avenue to the vicinity of the balustrade, said witness: There was nothing in his conduct to incite the crowd. 0° the contrary his conduct was definitely in the other direction. :i Somewhat similar evidence regarding Edwards' speech was given by Thomas Kelly, a carpenter, at -present on relief works. The Magistrate remarked that he did not see how the crowd could take the batons off the police without using violence. : "Well, that is what Edwards said," replied witness. Three other witnesses gave evidence touching the same incident.

'':'(■ No Option Biut To Convict. Edwards' counsel, in closing his evidence iiii answer to the summary charge, suggested that the Magistrate should consider reserving his decision until after the Supreme Court hearing of the indictable charge. The Magistrate said he could not do that. He would consider his decision on the summary charge during" the luncheon adjournment. "This charge of inciting lawlessness is totally different from the charge of taking part in a riot," said Mr Hunt, in announcing his decision after the resumption. "Thirteen or fourteen police officers have given their version, of what took place. Necessarily there are discrepancies in their evidence, which is easily understandable seeing the exciting moments they were passing through. It is perfectly clear to me that Edwards made his speech—he ; admits it himself—in which he said: ' Surround them, boys, and take their batons off them,' or words to that effect. To my mind, that statement in itself incites lawlessness, therefore I have no option on the evidence but to convict him." Counsel for Edwards: I submit that to give him as fair a trial as possible in the Supreme Court in connection with the other charge, the question of sentence on this charge should be held over until the Supreme Court case. Recalling his action in connection with recent similar cases, Mi- Hunt said he must- be consistent. He had deferred sentence in cases where he considered the offence to be slight. HoAvever, he had dealt with other cases and' would act similarly with Edwards. 4. good deal of damage had been done and great expense had been incurred. Edwards would be sentenced to three months' imprisonment. An Appeal. Counsel for Edwards: Then I propose to appeal. Mr Hunt: On what grounds Counsel: That the verdict is against the weight of evidence. ' -Security for appeal was fixed at •£9O When the question of bail was raised Mr Hunt said: You had better go to the Supreme Court for that. Counsel protested at that course being prescribed. ~ The, Crown Prosecutor said he would oppose bail. , Counsel contended that according to law Edwards was entitled to bail under such circumstances. He quoted a section from the Act bearing on the point. Mr Hunt said he would look into the question later. - The indictable charge of taking part in a riot was then proceeded with. Depositions of evidence given in preyiious similar cases were read to witnesses and confirmed by them, thus expediting the procedure. On his plea of not guilty, Edwards was sent to the, Supreme Court for trial, bail of £250 being allowed The disputed point regarding bail,

in view of the intention to appeal against the decision of the first charge, was discussed in chambers. It, was subsequently announced that on Edwards entering into a bond of £2O to prosecute his appeal he was given his liberty pending the appeal being determined by the Supreme Court.