RIOT CHARGES.

Auckland Star, Volume LXIII, Issue 121, 24 May 1932, Page 9

RIOT CHARGES.

SUPREME COURT TRIAL MORE POLICE EVIDENCE. QUESTION OF IDENTIFICATION WITNESSES DESCRIBE ATTACKS. The trial of the 14 men who tire accused in connection with the rioting in the city on the night of April 14 was continued at the Supreme Court to-day, before Mr. Justice Herdman and a jury. Nineteen of the 51 witnesses for the prosecution were called yesterday, and the Court sat in the evening in order to take the evidence of police officers. Good progress was made with the trial to-day, but the proceedings are expected to last for several days. The members of the jury, who are staying at the Station Hotel, are not allowed to associate with the outside public until the ease is ended. The accused arc: George Joseph Silver, Englishman, labourer, aged George Devcreaux, Irish, labourer, 38; Oswald Bourbeau, Canadian, waterside worker, 51; John Sharpe, Scotsman, miner, 30; Simeon Elari, Australian, labourer, 21; Leo Martinovich, New Zealander, motor driver, 18; Harold Robertson, New Zealander, labourer, 19; John Hubert Edwards, Englishman, salesman, 38; Clifford John Dudson, New Zealander, labourer, 31; James William Rae Simpeon, Scotsman, labourer, 32; Mate Dragovich, Dalmatian, labourer, 33; John William McCorkindalc, New Zealander, miner, 37; William John Budd, Englishman, seaman, 35; and Albert William Searles, Englishman, seaman, 26. Two charges are preferred, namely, that in company with one James Henry Edwards and other persons unknown, they did take part in a riot in Queen Street, and also that they did take part in an unlawful assembly. Sergeant Clist, Acting-Detectives Brady and Whitehead, and Constables Edwards, Norton, Hendren, Solly and Wilson were called during the later stages of yesterday's hearing, and medical evidence as to the injuries sustained by police officers was given by Dr. Butterfield and Dr. Green. It was stated that all the men are now out of danger. Part Played by Edwards. The part played by James Edwards in the riot was described by a constable who said he heard him shout through a megaphone, "Get round i boys. Take their batons off them." This, said Constable Edwards, occurred before any of the police used their batons. The witness denied hearing Edwards say, "They are batoning our boys." Constable Hendren said he was inside the Town Hall when he was struck in the back by a stone. He went to the assistance of Sergeant Brencliley, who was surrounded. He later saw Jim Edwards standing over a constable who had been knocked down. Edwards had a piece of timber in his hand, and appeared to be about to strike the constable when witness hit Edwards and assisted the officer to his feet. Witness emphatically denied having crept up behind Edwards and splitting his head open. He also denied the suggestion bj counsel for the defence that he f ollowec it up with a blow while Edwards was on the ground. Evidence of Identification. Evidence associating Searles with the rioting was given this morning by Constable Mahood, who said accused hurled a piece of wood at him. Witness dodged and it did not hit him. Searles was the only prisoner who had a. separate counsel to defend him, and accused's barrister Questioned the witness at some length regarding identity. Constable Mahood. said he was quite sure of the man, and had no hesitation in picking him out from amongst the other prisoners in the Magistrate's Court. Sergeant Brenchley, who accompanied the procession up Queen Street, said Silver marched along the edge of that part of the procession which was composed of seamen. He repeatedly shouted, "Will we fight?" to which there were loud cries of "Yes." Some in the crowd shouted to the police, "Come on; weVe got you now; you can't do anything with ns." Counsel for eleven of the accused (including Silver) remarked: "Well, you can't blame Silver for that. _ I suppose you also saw some looting going on, but you cannot make any of the accused responsible for it." Evidence was then given to prove the active participation of the various accused in the disturbance. Regarding Elari, Detective O'Sullivan said he heard him shout: "Come on; we'll clean the s up." Request Made to Edwards. Constable McLean described an incident in which Jim Edwards took a prominent part as the procession of unemployed came up Queen Street. There was a taxi in the roadway, and a number of the unemployed got hold of it and tried to upset it. Witness asked Edwards to call them off, but he said he could not stop them, and witness pulled the men away himself. Outside the Town Hall he heard Edwards say, "If the police come again, rush them and take their batons off them." Elari was taking a prominent part in the rioting outside the hall, and he threw two stones at witness, one of which hit him in the body. With the help of Constable Broomfield he arrested Elari, and they took him into the Town Hall. Counsel for the accused: I understand there were different leaders for different sections of the procession ? —That is so. And Devereaux came up after you had spoken to Edwards ? —Yes. I put it to you that when you appealed to him to intervene he simply said that he could not control the crowd ?—Not at all. He said he couldn't control them, but he also said it was no use breaking in and it was better not to interfere. He did not attempt to exercise any control of them. "Like a Wave of the Sea." When the riot outside the hall was being described by Constable Wilson, counsel for the accused put it to the witness that it was impossible to identify members of the crowd. "It was just like a tide —like a wave of the sea," said counsel, "and nobody could be picked out with certainty in that dim light." To this the officer would not agree. He said the light was quite good enough to identify the leaders of the crowd, especially as they came at close quarters. A conversation with Bourbeau was described by Detective Nalder. When accused was arrested he said he had •been hit on the back of the head, to which the officer remarked, "Well, you would not have got that for When charged with taking part in an unlawful assembly Bourbeau said, It wasn't an unlawful assembly;, the Riot Act-had-D-ot Ijeeru-iead."" _-_i —

"Absolutely Suici:'?.!." Detective Knight said the crowd outside the Town Hall was encouraged to attack the police by Silver, who shouted, "Come on, you curs; don't let.them beat you." The crowd rushed the police, but was beaten back up Airedale Street. When Silver was arrested at his own house in the early hours of the morning a number of documents relating to the unemployed workers' strike were found. Asked why he did not arrest Silver when the crowd went back up Airedale Street into St. Paul's Street, the detective said it was a matter of policy. "Owing to the frenzy they were in it would have been suicidal to attempt it," added Detective Knight, who mentioned that he was totally unarmed. Counsel: I see; self-preservation is the first law of nature, of course. (Laughter in Court, which was instantly suppressed.) Hector George MeLellan, land agent, said he knew James Edwards by sight and also knew Silver. He saw iroth of them in the procession. He saw Silver come across from Boyce's corner and throw a stone in the direction of a motor cyclist who came out from Victoria Street, and another toward John Court's shop.. Replying to counsel, witness said he had nothing against Silver. He was positive that Silver threw the stones. Crowd's Threatening Attitude. Sergeant Finch said he saw Simpson punching Constables Hendren and Norton, and Constable Bowley described an exciting moment outside Mackay's florist shop In Queen Street. There was a, crowd of larrikins outside the shop, said the officer, and he saw McCorkindale throw some missile, which hit Chesney's window. He rushed into the crowd and got hold of him. He shouted, "I didn't do it," and the crowd immediately took up the cry and crowded round in a threatening manner. Witness was compelled to let him go. Late at night he was on duty and saw McCorkindalc near the corner of Pitt Street and Hobson Street. Witness searched him and found a newly-opened tin of tobacco in his trouser pocket. Accused said he had picked it up in Queen Street. The meeting of Jim Edwards with a taxi driver was described by Cyril Whittle, who said he received a message to go to a garage in Park Road on the night of the riot. He was met there by a man with a bandaged head, who asked to be driven to the Town Hall. He said: "I am Jim Edwards, and while I am in this car you are the safest man in Auckland." Witness drove him to i town. Later he was near Edwards when ' ho said to a woman: "I'm not going to the cooler to-night." Sergeant Clan sen gave a further account of the rioting. He said lie saw 1 Dudson emerge from the front of a crowd ; of rioters and throw a stone or brick at ' a mounted policeman. Witness overtook ' him and got hold of him, but he struggled L violently and shouted: "Save me; save rme from the —." Constables Shallcroft : and Han cox assisted witness to take ' Dudson into custody. Constable Hancox said when arrested 3 Dudson said: "You caught me all right.'' 1 Counsel for the Defence: Caught him 1 in the crowd, I suppose ? > Witness: I couldn't say what he 1 meant. 5 But there was a tremendous pandemouium there? —Quite a disturbance. And a man's luck might be in or out, ' I suppose?—l don't know. 1 Constable George Urquhart described 9 how he had been struck by missiles durP ing tho riot and pointed out those of the 1 accused lio had observed. Robertson had / a piece of concrete weighing several 1 pounds in his hand. 3 The case is proceeding.