RIOT CHARGES.

Auckland Star, Volume LXIII, Issue 122, 25 May 1932, Page 8

RIOT CHARGES.

CASE FOR DEFENCE, i "WRONG IDENTITY." ACCUSED IN PROCESSION. "NOT RESPONSIBLE" FOR TROUBLE. The case for the defence in the charges trising nut of the riot of April 14 was opened at the Supreme Court to-day. Already Mr. Justice Herdman and the fury have heard over 50 witnesses foi the Crown. There still remain to be ieard evidence for the defence, addresses m behalf of accused, and the judge's summing up. The accused are: George Joseph Silver, Englishman, labourer, aged 32: George )evereaux, Irishman, labourer, 38; Oswald Bourbeau, Canadian, waterside worker. 51; John Sharpe, Scotsman, miner, 30; Simeon Elari, Australian, labourer, '21; uco Martinovich, New Zealander, motoi Iriver, 18; Harold Robertson, New Zea- - lander, labourer, 19; John Hubert Edwards, Englishman, salesman, 38; Clifford John Dudson, New Zealander, labourer, 31; James William Rae Simpson, Scotsman, labourer, 32; Mate Dragovich, Dalmatian, labourer, 33; Johii fVilliam McCorkindale, New Zealander, niner, 37; William John Budd, Englishnan, seaman, 35; and Albert William searles, Englishman, seaman, 20. 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. The cases are being heard togethei. Eleven of the accused are represented by me counsel, Sharpe and Martinovich by mother, and Searles by a third. Each j£ the accused pleads not guilty. Constable's Evidence. The case for the Crown was concluded to-day. The earlier part of this morning's proceedings was occupied by the questioning of Constable H. J. Jones, ivho said Martinovich threw a stone or brick which hit him on the shoulder. Witness arrested accused, and when he ivas searched at the police station, dirt ivas found in his pockets, indicating that lie had been carrying missiles. Counsel: I suppose you heard it stated In the Magistrate's Court that this man s not connected with any political j iarty or movement? —Yes. And that he is a man who works from seven in the morning until seven at light?—l heard it stated that he was in , ■egular work And that his only recreation is going ; ;o the pictures with his girl? (Laughter) : -That I couldn't say. Over 350 Weapons. Detective Sergeant Doyle said over 1 SSO battens and pieces of timber which . ia& been used as missiles or weapons ivere collected on the scene of the riot. I'he smaller weapons which were seized by the police included a revolver, in working order, a piece of iron with a. rope handle, enabling it to be used as a Bail, a blacksmith's hammer, a powerful catapult, and a length of piping loaded with lead and fitted with a leather sling to fit round the wrist. This was the weapon with which Constable Edwards was struck. The total number of police on duty at,the Town Hall and in Queen Street on the night of the riot was 30, and out of that total 21 were wounded, several-of them seriously. When the lirst attack was made on the police there would not be more than 10 police to meet it. Issues For Jury. ■ The case for the eleven accused was opened by counsel for the defence, who addressed the jury. He said there was nothing of which the inhabitants of this country were more proud than respect for law and order. It was essential that there should be absolute and conclusive proof before any citizen was convicted -)f participation in a riot or an unlawful /assembly. After referring to the legal aspect of the charges, counsel said the questions before the jury were very simple. Did the accused take any active part in the riot or disturbance? Did they encourage others to do so ? The prime object of the demonstration, said counsel, was to draw attention to the destitution and distress amongst the unemployed and to discuss what ■emedies might be adopted. The misguided persons who burst into the Town Jail were the people responsible for itarting the disturbance, and not the nen and women who toot part in the irocession, amongst whom were the iccused. "Not one of these men participated in the rioting or the looting, idded counsel, "and evidence will be •ailed to prove it. There were some rery grave errors of identity on the part ,f the police. This was due to the dificulty of identifying any particular peron, which would doubtless be undertood from the evidence already given. Unemployed Leader's Evidence. The first witness for the defence was Frederick Edward Lark, president of the Auckland Provincial District Unemiloyed Association. He said he was a niner by trade. Witness described how <he procession waa marshalled up to the rown Hall. He was at the head of the section which included women members of the unemployed, the seamen and members of the Mount Albert Association, to the numter of about 1200. He halted the seamen first, and allowed the women , to enter the body of the hall. Later he allowed the other sections to enter, as < space was reported available. After the Seamen's Union representatives had been 1 admitted, witness noticed that a body of the unemployed were coming towards the main entrance from the bottom of Grey Avenue. At this time lie saw James Edwards moving back from the crowd towards the Town Hall. The doors had been closed. "The first attack I saw made was immediately after Edwards had received a .baton blow from a constable," said witness. The crowd was a surging mass, and any man in it had no possible chance of getting out. Cross-examined by the Crown Prosecutor, witness admitted that he had spoken from the same platform as Devereaux, Bourbeau and Budd. "And the principles of Communism have been enunciated from that platform?" aeked the Crown Prosecutor. "It all depends what you mean by Communism," replied witness. "I mean the policy as set forth and! supported by the Communist party.—lf you mean humanitarianism, I would say "yes." On the previous day you had taken •part in a procession?— Yes. You headed the procession?—l-always iflSd. "' 1 •' ""

"On Democratic Principles." How do you get your position? —By democratic election. Witness said it would be very difficult for any single individual to obtain single control of the Unemployed Association. It was run on democratic principles. Lark was questioned regarding a procession he had headed on its way to interview the Mayor. "Did you use these, words ?" asked the Crown Prosecutor: "'lf constitutional means won't get us what we want, we shall have to use unconstitutional ones.'" Witness: Xn. Did you say anything like that?— Possibly. When you addressed relief workers at Western Springs, did you say: "What are you fellows going to do, go back on us or not"?—No, I put the position before them. It was for them to decide. Did you want them at work or not? — I wanted them of! work. And you went to other places as well, including Huntly ?—Yes. I put it to you that you said, "There's plenty of tucker in the shops and warehouses of Auckland, and they've only got glass windows"? —I absolutely deny it. Asked how long it was since he had a regular job, witness said his last permanent employment was in 190S, when he was in the N.wy. He had since worked for five years 111 the Railways Department, and he had also been with tlia P. and T., but lie did not consider these permanent jobs. When you were coming up Queen Street, did you notice a window had been broken ? —Yes. What steps did you take?—l took the steps any reasonable man would take; I kept the procession moving. The unemployed were not in any way connected with the window-smashing. "Never Advocated Violence." Counsel for the defence: Are you a member of the Communist party? —No. Have you ever advocated violence? — Never, nor has my association. What was the object of the procession?—To draw public attention to the needs of the unemployed. Denial by Accused. Devereaux was the next witness. He denied using obscene language or in any way inciting the crowd to violence. No opposition was offered to him going into the Town Hall and lie did not have to light to get in. He denied having struck or thrown missiles at any of the police. Answering the Crown Prosecutor Devereaux said he accompanied the procession as a private individual and not as a member of any organisation. lie left the hall when Mr. J. A. Lee, M.P., went out to address the crowd. He helped to assist a man who had been injured and then went across to Rutland Street, down Wellesley Street and into Queen Street. He took no part in the rioting. The Crown Prosecutor: So if Constable du Temple says you were very excited, behaving in a very disorderly manner and that you hit him over the head with a paling he is telling lies?— Absolutely. His Honor: A witness eays he saw you near where a constable was lying on the ground and that you shouted: "Kick the 's guts in." —I deny it, absolutely. The accused Bourbeau, who took the oath by affirmation, said he was a watersido worker. He denied the statement made by the prosecution that he had warned a constable the demonstrators would be armed. Constable Wilson told him the police were going to get right into it, and witness told him it would be better if he used wisdom and did not talk like that. .• . Counsel for the Defence: What nationality are you ?—I am of French people. Not a Russian by any chance?—No, and I don't believp in rushing things, either. (Laughter.) Some amusement was caused when witness described how he tried to get across the road and was stopped by a "big fat policeman." "Excuse me, sir," he said to the judge, "but he was like j that—very portly." (Proceeding.)