A WELL-TO-DO WATERSIDER

Auckland Star, Volume XLVI, Issue 72, 25 March 1915, Page 2

A WELL-TO-DO WATERSIDER

ARRESTED FOR VAGRANCY. PRODUCES A COMFORTING BANK-BOOK. WHICH SECURES HIS RELEASE. 'An'Tuhusual-dfenohement" to" aid arrest for. .vagrancy occurred .in . the. Police Court this morning; when the alleged vagrant produced a bank-book showing a credit of over £ 150. The accused person was William Alexander Johnston- (40), who was charged that he had insufii- . cient means of support. 1 CAUSE OF THE ARREST. Constable .Gouriey stated that he had I known Johnston for the last three years. He was a wJharf labourer, who was a member of the old union, but since the strike he had done very little ■work on the wharf. From strike time till' March last year he did none at alk He had | been cautioned by witness about his conduct towards "the members of the new union, and told him if he did not get work he would be charged with vagrancy. Johnston then left the waterfront, and was for some time employed driving a cart. On Match 1 last he came' back to the wharf, and had been there daily, doing nothing. On March' 16 witness asked Johnston what he was. doing, and the "latter stated that it' was witness' business to find out, refusing to give any- information. On another occasion, when accosted, he waved his purse, and said he had a shilling or two left yet. Witness told him as he-wasn't in the union, and" would not be employed" by the stevedores,-he should'get away from the waterfront. That evening he came back to the wharf in company with a -WdfniSn .who was not. his wife. .7 '.'.'. " Mr.. Hackett. interjected that there were people in high stations of life in New Zealand who lived with women not their wives,' and surely what was permitted to people in a high station should not be held as evidence of vagrancy against a man in a low station. His Worship: We have nothing to do with.-stations- of.life here, ".".'...". SAID HE HAD NO MONEY. The witness stated that yesterday morning he saw Johnston in Quay Street with some other members of the -old ;ur.ion, - and- atked him why he hadn't taken the advice to keep away from the waterfront. Johnston turned on his heel, and started to walk away. He was then arrested. He.said hehad no money on -him, -and when ■ witness searched hif," and" fonnd' no ' money, Johnston said there was lialf JL ."sovercTgn in his tobacco ponch.' Witness""could "not find "half "a sovereign in'the" pouch, and neither; could Johnston,, whs said . .he must have lost it, but that that didn't worry him. He-had since been informed that accused had money on him, but where he had got it from—found it in the cell or got it from a solicitor—witness did not know.

: -Mr.'.Backett:'-!" would" like that withdrawn. . It.-is. my-partner-who is tho solicitor referred :to. I indignantly ask that tlie suggestion be withdrawn. .Witness.:. I wpuld be .very .sorry,.and don't intend to cast any reflection oa Mt .Mob-ay," byt wjjatfc I do; say Ig.that it was possible for .the prisoner to have, got. the. money after I. searched him.. T foun.d t .no,.jj»on t ey„. i Qii lupoid mc he had no money. V; NOT. A STRIKE. MACTEK. Mr. Hackett: If he had told: yuu- he had money he would not have been arrested?-—He would have been arrested. . Air.. Hackett produced. a. bonk, book showing a " deposit in the Government Savings Bank of £JSO, and witness said he .was ready to accept the bank book as bona fide. In answer to further - questions by counsel witness said tha£7Johnston could-not-get into the-Waterside! Union, and- he- had not been working anywhere since the first of March. He was a man of undesirable habits, bceause he was continually using bad language to the present watersiders, which would probably result eventually in trouble on the wharf." The arrest was not an aftermath of the strike, but this j man's actions before the strike had been such thai he would not be engage. 1 by stevedores even if he were in the union. -The old-strike feeling was-dead-on- the wharf, and- Johnston's actions were byway of reviving it to the detriment of : the' decent men in the old union. 'Mr. Hackett: Is it not the case-that this man has' the courage of his opinions, Whatever..ihey..._tiay be?—He has .very bad language -with 'his opinions. Asked about why he arrested the man instead of- proceeding by summons, witness said he didn't know Johnston's address, and the latter refused to give him any information. BANK ACCOUNT TO BE PROVED. Mr..Hackett submitted that, there was no case to answer, as the charge had been sufficiently answered by the production of the bank-book. - • His—Worship-replied that in -the Pensions Court there was frequent trouble •through people of; the same name, having bank accounts in the same bank, and the accused would have to be identified as the owner of the 'bank-book. Mr. Hackett stated that if foe put accused in the box: he woull be there at the risk and peril of -haying-mud thrown at him, and some of it might stick. He would bring witnesses to prove that Johnston had been working, and eventually a bank clerk to identify hrm as the owner of the bank-book. ~.,.: Two witnesses, were called, <jwV- .of | whom sta ted that Johnston had worked air February in the. Parnell -tunnel, and; i the other that Johnston had worked '■ four days a fortnight ago unloading sleepers -from railway• trucks at the, waterfront. ■- _" ■ ■ •.'.'."' SHOULD ACCUSED GIVE EVIDENCE? Detective McMahon raised the point that in a vagrancy charge the-accused must himself go into the witness-box and give Sis- evidence.- ..... Mr. Hackett: It is a-monstrous thing to say that an accused--person is a compellable witness- That would be the third degree in its very extremity. • His: Worship ruled .that- it was not necessary for the accused to himself go into the box, but he could not himself see why counsel did not put'Johnston in the box. Te had only to say that thej bank-book was -lis and that .the money! in the bank belonged to Aim For his "own' use,, and-'hhat was an end of .the charge. . Eventually Mr. Hackett put Ms client I ! in tbe box; arid Johnston swore that the £150 (Odd in the Savings Bank a-epre-i serried by the hank-book, belonged to I him. He bad refused to give information to Constable Gourley, he said, be* cause the constable had bullied him.

His Worship'remarked that it was unusual'to-have'a man before the Court on a charge of vagrancy who had a bank ccount of £150. The charge must be dismissed.

. . A-X.ur-h.er/ charge against Johnston of .toJBg used- obscene, larrguage -orr -Hie QueerrV}--wharf on March:• 3rd -wagadjourned ■ —'■."'"