INCITING CHARGE

Auckland Star, Volume LXXIII, Issue 242, 13 October 1942, Page 4

INCITING CHARGE

SOLDIER'S DENIAL

FOOTBALLER BEFORE COURT

Corporal Harmes Hadley, aged 29, well-known footballer, captain of the M.T.P. team, appeared in the Police Court before Mr. J. Morling, S.M., to-day, charged with inciting divers unknown persons to resist Sergeant W. S. Hughes on October 2.

Represented by Sergeant J. Terry, he pleaded not guilty.

The magistrate said he believed the evidence of Sergeant Hughes and Constable Fletcher that Hadley used inciting wcrds to a crowd which had gathered in a street .near a hotel in the city on the afternoon of October 2, after a Maori had been arrested for drunkenness and was violently resisting. Mr. Morling adjourned the charge against accused for six months.

The police evidence was that when the sergeant and constable were grappling with the Maori, who resisted after he had been taken from the hctel, Hadley told the sergeant that he had no right to arrest the man and asked him what he was doing with him. Hadley was warned to leave, but did not. By this time a large crowd had gathered. The police witnesses alleged that Hadley turned to the crowd and said, "You are all New Zealanders, aren't you? You arc not going to see this'thing happen. Step up and speak your part." Hadley followed them to a taxi and after the arrested man had been placed in the taxi Hadley demanded to know the sergeant's name. He was placed in the taxi and was also arrested.

For the defence, Mr. Terry submitted that Hadley had not in any way incited the crowd, but had merely protested against the manner of the arrest.

"It is alleged that the Maori was very harshly used in being propelled througn the swing doors of (he hotel a , J t adle y merely wanted to see that the arrested man met with no injury." added Mr. Terry. "Hadley actually told the Maori not to resist and eventually got him to go quietly to the taxi, thereby assisting the police. Hadley did not invite the crowd to resist the police." In evidence Hadley denied that he used the words complained of to the crowd. He said he told the Maori not to resist and actually opened the door of the taxi for the police. He was surprised when the charge was preferred against him, as he considered that he had tried to assist the police.

Two other witnesses gave evidence denying that Had lev used the words complained of to the crowd.

The magistrate said the police were doing their duty in arresting the Maori, and he believed the evidence given by the police. There was no doubt that Hadley had taken the other man's part, arid had been a little too interfering. "It is a pity this thing happened," added Mr. Morling addressing Hadley. "You have been foolish. I don't think there was anything sinister in what you did, or that you meant to cause any trouble. Your commanding officer has spoken very highly of you. Ycru have an excellent record, and one which I do not want to spoil. I will stand this case over for six months, and if your record remains good during that period I will not record a conviction against you."