RIOT TRIAL ENDS.

Auckland Star, Volume LXIII, Issue 125, 28 May 1932, Page 11

RIOT TRIAL ENDS.

EIGHT MEN SENTENCED. TWO OTHERS ACQUITTED. NEW TRIAL OF FOUR CASES. "When the happiness and peace of a country are threatened by determined law-breakers, the authority of the State is asserted in a way that leaves no room for misconception, In the present instance the law has been set in motion, and now you are the witnesses of your own fate. I hope that the punishment that I propose to inflict will make you and those who havq been associated with you understand that a repetition of what took place on April 14 achieves nothing except an unpleasant experience in a criminal dock, and the punishment and obloquy of imprisonment."

These remarks were made by Mr. Justice Hcrdmnn in the Supreme Court last evening , when sentence was passed on eight men who were found guilty by the jury of taking part in the recent riot. Verdicts and sentences were as follow: — Silver Guilty —Two years Devcreaux .. Guilty—Two years Klari Guilty —Two years Simpson .... Guilty —Two years Dragovicli .. Guilty —Two years Edwards .... Guilty—One year Dudsori Guilty—One year Ro'bertson .. Guilty—Two months Sharpe and Martinovich were found not guilty and discharged, and in the cases of Bourbeau, McCorkindale, Budd and Searles the jury announced that they had been unable to agree. These four men will stand a retrial at the next criminal session of the Court.

In one case only the jury addcil a rider to their verdict. This was regarding Robertson, aged 10, who was recommended to mercy on account of his youth.

Tlio accused were: —George Joseph Silver, Englishman, labourer, aged 32; George Devcretuix, Irishman, labourer, 38; Oswald Bombesin, Canadian, waterside worker, 51; John Sharpe, Scotsman, miner, 30; Simeon Elari, Australian. labourer, 21; Leo Martinovich, New Zealandor, motor driver, IN; Harold Robertson, New Zealandcr, labourer, 10; John Hubert Edwards, Englishman, salesman, 38; Clifford John Dudeon, New Zcalamler, labourer, 31; James William Rae Simpson, Scotsman, labourer, 32; Mate Dragovich, i)almatiun, labourer, 33; John William McCorkindale, New Zcalander, miner, 37; William John Budd, Englishman, seaman, 35; and Albert William Seavles, Englishman, seaman, 26.

Two charges were 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 al3O that they did take part in an unlawful assembly. Dramatic Scene in Court. The ease, which had lasted live full days, had aroused a great amount of interest, and the space allotted to the public was crowded when the jury filed into Court after four and a half hours' absence, to announce their findings. His Honor's final remarks were heard in tense silence, the only interruption being when a woman at the back of the Court, who was stated to be the wife of one of the accused, collapsed and had to be carried out. One by one the convicted men left the dock, the last to be sentenced being Dragovich.

"You men have been properly convicted of a very grave offence," said his Honor. "This is one of the most serious cases that it has been my lot to try since I have occupied a seat on the Bench. I deeply regret that you and others have defamed the reputation of a country which has been in the days gone by singularly happy and peaceful. •

"You may believe that you may successfully achieve some ill-conceived purpose by violence. But you will not. Sound, thoughtful speech is a more potent instrument than riot. To-day you will realise, or ought to realise, where unjustifiable physical force lands you. For you it means weeks and months of isolation and disgrace. For your families it means misery and perhaps want. Sowing Seeds of Dissension. "During this trial there was some evidence that there existed in our midst a sect which does not hesitate at violence, whiaft is busy sowing the seeds of dissensioTi, which aims at setting class against class, a sect whose activities can only produce unhappiness and strife. To describe such a body a learned judge in England quoted the following lines: 'A sect whose chief devotion lies in odd, perverse antipathies.' I am sure the authorities realise how necessary it is that such an organisation should be speedily checked.

"Before pronouncing the ■ punishment that I propose to inflict I wish to associate myself with the observations made about the behaviour of the members of the police force, whose duty it was to protect the Town Hall when the attack was made upon it. Some were knocked to the ground, trodden upon and kicked. Some were so seriously injured that their lives were in danger. Even now it is doubtful whether some will ever completely recover. What Might Have Been. "Their courage in the face of an overwhelming force deserves the highest praise. What would have happened to those inside that hall had there been no police protection it is difficult to imagine. The police secured the safety of those who were there, and in the desperate position in which tho police wore placed gave an exhibition of tact and devotion to duty as will lonrr be remembered by respectable, law-abiding citizens."

Dealing , with t.lie records of the convicted men, his Honor said Silver liad been convicted on ten occasions since 1922. the offences including false pretences. Jheft, forgery and assault. Devereaux had not been convicted previously, but the evidence made it perfectly clear that lie took a leading part-in the proceedings. Elnri hud I>pen convicted of assault in 1931. Edwards had been sentenced at 10 years of age for theft, hut had apparently behaved himself since until this instance. Hudson had been convicted of breaking; and entering; and tlipft in 1024. Simmon had been convicted of resisting the police and figlitinsr. ami Dragovich for failing to report for military service, for theft and for being in unlawful possession of firearms.

Tn conclusion, his Honor thanked the jury, and granted them exemption from jury service for two years.