RIOT SEQUEL.

Auckland Star, Volume LXIII, Issue 135, 9 June 1932, Page 8

RIOT SEQUEL.

EDWARDS IN DOCK. CHARGE OF INCITING. POLICE OFFICERS' STORY. SCENE OUTSIDE TOWN HALL. The hearing of charge® against an Auckland Communist leader, James Henry Edward?, canvasser, aged 40, was tcgun before Mr. F. N. Hunt, S.M., at the Police Court this morning. There was much interest in the case, and the portion of this Court reserved for the public was packed. Edwards war charged with inciting lawlessness on April 14 (the night of the riot outside the Town Hall) and also with taking part in a riot - Represented by a prominent barrister, he pleaded not guilty. The Crown Prosecutor led the evidence. The first charge was a summary one, the second being an indictable charge. Application Refused. Counsel said that in previous similar eases the magistrate had heard the nummary cases 'before the indictable charges had been heard by the Supreme Court. "I am going to make application row," he said, "that your Worship should stand the summary charge over until Edwards has been dealt with by the Supreme Court on the indictable charge. The tendency of the Court has always been not to jeopardise a man's trial by the Supreme Court. I feel justified in saving that Edwards will be acquitted, but even if lie is not he will be prejudiced if the summary charge is now heard. No harm can be done if the charge of inciting is held over until he is dealt with by the higher court —"

Mr. Hunt: If lie is acquitted I will tie told afterwards by you that I'm not to do anything to him on the summary charge, as the jury lias acquitted him." Counsel: Possibly you will. ilr. Hunt: When tile other cases came before me the sama application was made, but I refused it. Apparently the jnatter was mentioned at the Supreme Court, when it was said that the two offences were totally different. This summary charge of inciting is within my jurisdiction, and I propose to deal with it now. Whatever happens in the end is a different matter." The hearing of evidence on the charge of inciting was then begun. "Take Their Batons Off Them." Constable G. Edwards said the procession going to the Town Hall passed Jiim near John Court's. When part of the procession came from Grey Avenue to the front of the Town Hall, he saw accused, who was in possession of a megaphone. The police were at the front doors of the Town Hall. He heard Edwards call to the crowd, "Get round them, boys, and take their batons off them." A rush was then made against the police, banner poles being used on the police. Counsel: Is that the only remark by Edwards that you heard?— Yes. There were many police about? —Not then —about eight or ten. About what time do you suggest the words were used? —Between 7.50 and S p.m. Things were normal at that atage. There was no inciting then?— No. Hay we assume the crowd wanted to get into the hall? —Yes. Did you see Edwards lift up his hands to stop the crowd?— No. Did he not counsel the crowd not to esc violence ?—I did not hear him. . Evidence that Edwards was leading the Auckland Central Unemployed in the procession was given by Constable Hucketep. Edwards called out, "Shall we fight 1" and some of the crowd replied, "Yes."

Accused Struck Down. Constable Hendren, on duty at the Town Hall doors, said that after portion of the procession entered the Town Hall le received instructions to close the doors, as the hall was full. When witDees went outside, stones and missiles were thrown at the doors. Edwards was in front of them, and he had a megaphone. Ed.wards said: "Come on, boys, get round the police and take their batons off them. They have shown U3 violence, so we'll —" That was far as Edwards got, as le was struck down by a police officer. Later, when he saw Edwards, he was standing over a constable, who was on the ground. Witness went to arrest Edwards, but was knocked down and kicked. Counsel: Did you see Edwards standing on the balustrade, and do you know lie moved a resolution? —No. When you struck Edwards, did you eplit his head open ? —I don't know. I never had time to look. You are the only constable who has said Edwards was standing over a constable with a paling in his hand? —Yes, because I was the only constable at the particular place. Can you tell me the name of the constable whom Edwards was standing over ?—N o. Have you tried to find out?— Yes. What'time do you say this occurred? <—I could not say. Crowd in Bad Temper. Constable Solly said the procession passed him at Wellesley Street, and he saw someone addressing the crowd from the balustrade of the Town Hall, ne could not see who spoke, but the crowd rushed for the entrances after the man ibad addressed it. He later, near the Town Hall entrance, heard Edwards call out: "Get round, them, take their batons off them, and then deal with tliem." The temper of the crowd was bad, and. 6oon after, pickets were torn from a fence in Airedale Street.

Cross-examined, -svitness said it was ' Sergeant Brenehley who struck Edwards. He did not know who hit Edwards the second time. He was within 2ft of accused when he spoke. "After the crowd had been cleared away from the footpath at the Town Hall, Edwards walked out in front" said Constable Wilson. "The police had not used batons up to then. I heard Edwards say, 'They won't let us in so we'll get in by —' That is all 1 heard him say. Edwards was struck down by baton." Answering counsel, •witness said others were callin" out besides Edwards. Heard Blaming Police. Constable Mackiell said he heard Edward say in Grey Avenue, "It is the fault of the police; if it happens again, surround them and take their batons off them." This was after the attack kon-. tha -XawaJiaU.

Counsel: You know Edwards was badly hit about?—l heard later. What was Edwards' condition then? —He was normal. You would not like to say he had blood streaming down his face then? — No. Constable Mahood said he heard Edwards say it was the fault of the police, and adjure the crowd to take the batons off the police. A rush was made immediately. "Into a Frenzy." "Edwards was 011 the balustrade outside the Town Hall working the crowd up into a frenzy," said Constable Allen. '"He told the crowd that if the police interfered to take their batons otf them. He also told them to rush the Town Hall doors." Counsel: How far away were you from Edwards? —About five yards. You would hear everything he said then?— Yes, about all. After Edwards addressed the crowd and called out, "Shall we fight?" the crowd tore the picket fence down. You made a report about this the next day ? —Yes. You were not called to give evidence against the others, were you ?—No. I was more concerned with Edwards. Why are you concentrating on this unfortunate man?—l was called, but I was otherwise engaged on police duty. Why are you called now, then? Mr. Hunt: I suppose he is called to-day because he can give evidence against Edwards, who was not on trial before. The constable said he was the nearest constable to Edwards for fully five minutes. Did you hear Edwards say, "The police had shown violence. Get'round them! Take their batone off them, then we'll deal with them ?"—No. Was Edwards bleeding from the head when he was on the balustrade ?—1 did not see him bleeding. "A Mare's Nest." When the next witness was called counsel for Edwards complained that the constable -who had just given evidence was in the corridor. He did not want him to be conferring with others who had yet to be called. All witnesses had been ordered out of Court.

Mr. Hunt instructed Detective Sergeant Doyle to inquire into the complaint. Mr. Doyle returned and stated that no constable had left the Court. The Court orderly, who was not giving evidence, had merely gone into his room. Constable Allen or others had not left the Court. The Crown Prosecutor: I think my friend ought to withdraw. Mr. Hunt: Yes, he has raised a mare's nest, I'm afraid. Counsel wiHictrew the complaint. Edwards in Taxi. Cyril V. Whittle, taxi driver, said he received a telephone message at 8.40 p.m. on April 14 to go to Park Road. There a man got in the car. He had his head bandaged and asked to be driven to the Town Hall. Witness said: "You don't expect me to take you to a crowd like that?" The man replied: "I'm. Jim Edwards and while I'm in your car you are the safest man in Auckland tonight." Witness drove accused to the Town Hall, where two men came up and 6poke to Edwards. Edwards asked them how things were going. Witness then drove Edwards to his home in Manning Street and returned with Edwards and a woman whom he took to be Mrs. Edwards. On returning to the Town Hall there was a discussion about waiting time, and Edwards was dissuaded by Mrs. Edwards from getting out of the car. Edwards said: "I can't be a coward. I must go back." Edwards also said: "I'm not going to the cooler to-night. I'll get half a dozen men to picket my house to-night." When did you volunteer this evidence to the police?— The next day, when I handed to them his megaphone, wlnca he left in my car. . Did vou hear Edwards tell his wife he wanted to stop the disturbance?— No.

On account of the illness of a police witness, the hearing of the case was this afternoon adjourned until Monday, when the indictable charge also will be heard.