RIOT SEQUEL.

Auckland Star, Volume LXIII, Issue 138, 13 June 1932, Page 8

RIOT SEQUEL.

EDWARDS CONVICTED.

THREE MONTHS' GAOL

CASE FOB, THE DEFENCE.

DENIAL OF INCITEMENT. The pp.rt which James Henry Edwards, the Auckland Communist leader, took outside the Town Hall on the night of the riot on April 14 was told by Edwarda and a number of witnesses called for the defence, which opened at the Police Court this morning. Edwards was charged with inciting lawlessness. The Crown Prosecutor intended to close his case this morning after the evidence of Constable Hunt had been given, but he informed the magistrate, Mr. F. K. Hunt, that the constable was still sick and unable to leave his bed. He therefore closed his case. This afternoon the magistrate, after hearing the evidence for the defence, convicted Edwards and sentenced him to threa months' imprisonment. Security for appeal was lodged. Counsel for Edwards said accused was a married man with a wife end eight children, and had for many years been interested in Labour matters. "Whether he regards himself as a reformer, I don't know," said counsel, "but many reformers in the past have suffered persecution. However, I do not say this disrespectfully of anyone." Agitating for Unemployed. Dealing with what occurred at the Town Hall on April 14, counsel said a considerable volume of evidence was called, consisting entirely of constables' testimony. Like all men, the police were capable of making mistakes. They were also liable to overstate what occurred, and to divorce words from their context, or to use words which were never said. Edwards hail been a marked man for years. He was a Labour agitator and was trying to get better treatment for the unemployed.

"It is significant," said counsel, "that a few days after the riot Archbishop Averill and other high Church dignitaries did actually form themselves into a committee to investigate conditions in relief camps and that those conditions were somewhat improved. Time of Trouble. "It is an old axiom of the law that •witnesses are to be weighed and not numbered, , " said counsel. "I draw your Worship's attention to the different words which different constables attributed to Edwards. I do not even suggest that thin wa.3 the result of any dishonest or deliberate motive. The night of April 14 was a time of great trouble for the police and they had inaqy and onerous duties to perform. After what other constables said in evidence, it is rather remarkable that one, Constable Clialeraft, who says he has known Edwards for many years and would know his voice anywhere, said not one word about Edwards."

Dealing with the procession which left the foot of Queen Street for the Town Hall, counsel said the P. and T. employees were responsible for that, and invited various bodies to join it. There was the incident in Shortland Street the day before when Edwards counselled his men not to use violence. Counsel read an extract from the <'SUr" which stated that there had been a scuffle, but owing to the tact shown by Senior Sergeant Flanagan and the efforts of Edwards, there was no further trouble. "A Slogan." A lot had been made of the words ueed by Edwards in the procession, "Shall we light?" That was a slogan and was not meant physically. It meant moral fighting—that preseure should be brought to on the Government in connection witii the condition of unemployment. "By defending Edwarda it is not to say that I subscribe to his doctrines now or in the past," continued counsel. "I do not. I'm here to defend Edwards and to bring out any facts in his favour. I want to say now that the police behaved in the proper manner at the Town Hall on the night of the not. They deserve the credit and the thanke of the whole community. It may be that one or two were carried away because of the excitement, and the fact that they had so much to do. Possibly some of'them regarded Edwards as dangerous, and that was why he should be knocked out early in the proceedings. Edwarde admits he used' the words 'Shall we fight? , I trust your Worship will construe these words as mercifully as poseible." Criminals In Crowd. There were a number of criminals in the crowd on the night of the riot. A number had missiles and but this was quite unknown to Edwards When facing the crowd and with both arms up counselling the crowd, Edwards was struck by a baton. "For God's sake -o back," cried Edwards. He then mounted the balustrade in front of the Town Hall, at the intersection of Grey Avenue and Queen Street, and tried to get the crowd down that way. None of the police witnesses gave the whole of Edwards remarks made there After speaking from the balustrade Edwards left for the hospital, and came back to the Town Hall a<*ain, but did not take any part in anyfhing that occurred. He came back feeling that if he did not return it mi°M be thought that he had deserted Irishmen. He certainly did not return to cause trouble. He only got the one blow with a baton — Mr. Hunt: Evidence has been given that he was batoned twice?— That is not so. After calling back at the Town Hall for a moment or so, Edwards went home. . . , Counsel spoke of the evidence given by one constable that Edwards was seen standing over a constable on the ground and that Edwards had a paling in his hand. The constable was unable to give the name of the constable he saw on the ground. That was significant. "The case against my client, as your Worship will see, is not as black as it was painted." Edwards in Box.

Giving evidence, Edwards said he earned hie living by putting up tea to sell. He arrived in New Zealand from England before the war, and almost immediately became identified with the Labour movement. In Shortland Street the day before the riot, when a large procession was marching along the street, there was a tussle near a lorry, when Senior Sergeant Flanagan war* knocked down. "I counselled the men not to do anything, and told them the police were not their enemies; and there was no farther trouble," said Edwards, , On the day before the riot he wae told 1 thnt the unemployed were invited by the P. and T. employees to take part in the procession to the Town Hall. He was present in. the procession in the lead of