STRIKE LEADERS IN COURT.

Press, Volume XLIX, Issue 14822, 13 November 1913, Page 9

STRIKE LEADERS IN COURT.

CHARGES OF SEDITION.

REMAND FOR A "WEEK

BENCH REFUSES BAIL,

(SP_____ TO "THE PRESS.")

WELLINGTON, November 12

The chief feature of interest in connexion with to-day's strike proceedings has been the arrest of W. T. Yonng, president of the Federation of Labour, on a charge of using seditious language, and the Court proceedings arising out of this and th© four previous arrest-.

A large crowd of people, including many strikers, congregated at the Courthouse at ten o'clock this morning, at which hour the five strike leaders, under a-Test, wero due to bo brought before the magistrate and formally charged with the* offences specified upon the warrants. Tho Court was crowded to the doors, and groups of people were gathered at various points outside in tho vicinity of the Courthouse. Squads of mounted constables were stationed in the -idestrocts outside tho Court, and unmounted "specials" were largely in evidence, both inside and outside the building. These precautions had tho deared effect of maintaining order, and the proceedings were not marked by disturbance of any kind.

CHARGES AGAINST W. T. YOUNG. The first of the five strike leaders placed in tho dock was William Thomas Young, secretary of the Wellington branch of the Seamen's Union and president of the Federation of Labour, who had been arrested earlier in tho morning. The charges against him are similar to thoso laid against the four men who were arrested last night. Young was charged that on Sunday, October 26th, 1913. at the Basin Reserve, in the presence of a large cro\vd of strikers and others, in making a speech to tho crowd, he did utter the following seditious words :— "I want to say that special constables are being called, for a number of them wero marched to the Newtown depot last night. I want to say this-: That if the police force of this country are going to bo utilised— l know tbe indiTidu*- police don't want to be used for the purpose—but it the authorities of this country aro - cotng to use tbem to suppress the working class, 1 will undertake to ___f°n this'city of Wellington 10 000 or 15,000 armed men, ready to protect themselves as armed men. v a police constable uses, his baton to vou7gi-e him one back, and if one won't <io it, make it a double-header. If we have got to fight the police fence and the military, it has got to

be done in style, and effectually. It is a very easy matter indeed. There ar© 10,000 or 15,000 men in support of you aud to protect you against the baton of the police authorities. . . . If the employers are not prepared to act in a conciliatory spirit, and if they put on 'scabs' to work cargo, there will not be a ship leaving this port, and if needs be, there will not he a wharf for tho 'scabs' to work on. Don't you be afraid of. them. If I havo got to incite the multitude, I will incite them, and in a proper manner.-' FURTHER CHARGES. In connexion with the utterance of tho same words on the same occasion, Young was also charged (1) with inciting persons to commit a breach of tho peace; and (2) with wilfully inciting divers unknown persons to resist constables stationed in Wellington in the execution of their duty. Mr P. J. O'Regan (ox-M.P.) appeared for tho accused, and Mr H. H. Ostler for the Crown.

Tho prisoner pleaded not guilty to the charge of inciting persons to resist tho police. Mr Ostler applied for a remand to Novembor 19th.

Mr O'Regan applied for bail, which he said the magistrate had power- to grant under section 146 of the Justices of the Peace Act. The accusod, as secretary of tho Seamen's Union, had to sign a large number of documents, and if bail wero refused it would be very inconvenient to the seamen. Any number of reputable citizens were wiping to provide tho necessary sureties. Mr Ostler, said that he "must oppose hail as strongly as possible. He admitted that in regard to the indictable offence with whicn Young was charged he was entitled to bail as a matter of right. Tho questio.i of bail, however, in regard to the other charges, which were of a summary character, was absolutely at the discretion of tho magistrate. The magistrate had to consider (1) the nature of the offence, (2) the strength of tho evidence, (3) the character and behaviour of the accused, (4) tho seriousness of the penalty, (5) whether it was probable the accused would appear. It was hardly necessary to remind the Court of the seriousness of the crisis which had arisen in New Zealand, and was existing at the present moment. "Wo are a law-loving people," declared Mr Ostler, and there was a murmur of derision from the back of tho Court, quickly checked by the voice of the orderly calling out "Silence!" "This is so not because of the terrors of the law, but because of the love of order inherent in the British race. Never before in the seventy years' history of the Dominion havo we had such a spectacle as that of a mob taking possession of the waterfront of the city and practically paralysing the trade of the province There has been an exposure to violence from the mob, and there have been intimidation and terrorism 'against those who wont to work, by those who do not want it. Everyone has a right to refuse to work if he does not like the conditions." The Magistrate (Mr W. G. Riddell): It is hardly necessary to go into that matter.

Mr Ostler said that he was only giving reasons why bail should not be granted. He again referred to the present serious crisis. BAIL NOT GRANTED. The Magistrate: These are all matters oi con.-non knowledge. Mr o.tler: If your Worship is prepared to refuse bail 1 will sit clown. The Magistrate: I am satisfied.

Mr O'Began: 1 wish to be heard. The Magistrate: Yes, I will hear you. Mr Ostler: Then, your Worship, I insist upon the right to bo heard in opposition to bail being granted. Mr O'Regan said that the defendant might have been indiscreet, but ho urged that thero was no reason why bail should not be grauted. As a matter of fact ho was assured that the defendant's influence would bo used in the direction of maintaining order. The Magistrate said that in regard to the indictable offence, tho accused was entitled to bail as a right. Ho fixed bail in this charge at self £250 and two sureties of £__0 each. As to the other cases in which bad lay within the discretion of the magistrate, his Worship refused to allow the accused to go out on bail. Mr O'Regan: In that caso there is no use of my getting bail on thr> indictable charges.

The* .Magistrate: It will havo no practical effect.

In reply to Mr O'Regan, tho Magistrate said that tho police would give accused facilities to hand over his offico keys. etc.. to other officers of tho Seamen's Union. CASES AGAINST SEMPLE. Tho charges against Somplo (already published) wero then taken. A plea of not guilty was entered. Mr O'Regan, who represented the.accused, made the request formally for bail as in the caso of tho previous accused.

Mr Ostler opposed bail, and was proceeding to point out that only tnreo days after the second charge (in which reference was made to shooting Commissioner Cullen) an attempt was actually mado to shoot Mr Cullen. Mr O'Regan: Theso remarks are uncalled for at tho present stage. The Magistrate (to Mr Ostler): You need not go into that matter now. Mr O'Regan: I renew my request for hail- .. .„ , . , The Magistrate: Bail will bo refused; accused is remanded until November 19th. FRASER AND BAILEY. The charges against Peter Fraser and Georgo Bailey were then taken. Tho accused were represented by Mr O'Regan, who mado a request for bail, which was refused in each caso. A remand was granted for a week in both cases.

ANOTHER. CHARGE OF SEDITION. Henry Holland, a lame elderly-look-ing man (though comparatively young in years), walking with tho aid of crutches, was tho last of tho striko leaders to be charged. He was charged with using seditious language and with inciting persons to resist the police. The charge of using seditious language is based on tho following extract from a speech made by accused in New- , town park on Sunday, November 2nd. "You have a gatling gun on the wharf to-day, and thero is one on tho turret of tho Post Office. They tell us when Massey's cossacks como down upon U3—l was going to say 'men,' but I don't want to be guilty of libel-—. Tho two thousand men offering in tho Waikato wore heroes because they would come fully armed, provided Mr Massoy* gavo them full protection. If free labourers were put on, they would work with a revolver in their belts and a bludgeon alongside them, and anyone Avho attempts to interfere with them will bo shot by them. Tho navals present, when they were ordered to shoot, should remember where their class interests lay, and point their guns accordingly. Tho railway- men should not carry free labour. Let the trams rot and rust. The strike was not mado by tho working classes, but by tho master classes, who were pouring their armed hundreds into Wellington, not in the daylight, but like thieves in the night, coming utterly asLamed of the work they were undertaking. They sneaked in the midnight hours, But old grey-haired women came out on tho balconies to jeer thorn as they passed. Tho railway men had said that they wero prepared to stop tho trains; the drivers could stop the carts, and the uniform police could deal a staggering blow by tearing off their uniforms and standing with the watersiders. We are going to win, and by God we are going to do it, no matter what means we are going to use." CHARGE OF INCITING. Tho charge of inciting was in connexion with the following words, said to have been uttered by accused at the Reserve 011 Sunday, October 2-6t__: —

"The waterside agreement was broken when the men were obliged to take a day off, when Lord Liverpool, the gilded popinjay, the figurehead of capitalism in New Zealand, landed here, and the same thing happened when Sir Joseph Ward's Dreadnought called. I remind them (meaning the police) of words used by mo at Broken Hill, in Australia, the occasion when I was sentenced to two years' imprisonment on a charge of. sedition. I told the miners, 'When they hit you with a baton, hit them with a pick-handle, and have something at the end of it. . Here ia your opportunity, you 'John Hops' (meaning the police). They (tne employers) want to give you a miserable eight bob a day and the soul and clothes of a slave, and want j r ou to 'scab' on Labour." BAIL AGAIN REFUSED. The accused, who was not represented by counsel, said he did not propose to plead, and to the second question as to whether ho could show cause why ho should not be bound over to keep tho peace he made no answer. Wlien asked finally if he had anything to say, tho accused said he desired to make application for bail. Tho particular reason for tho application was that he had been arrested at 11 o'clock last night, and had had no opportunity of preparing a. defence. It bail was not granted, he would have no opportunity whatever of preparing his case. Ho would uot bo ready lo go on with his defence unless bail weru granted, and a very grave injustice would be done. He desirod to get witnesses, and take other steps to prepare a defence against tho charges against him. The Magistrate fixed bail on the indictable charge at £250 and two sureties of £'250 each. On the summary charge, where the question of bail was left to the discretion of the Magistrate, bail would be refused. The accused wotiia have every opi>ortunity of consulting and instructing; counsel and obtaining witnesses. The police would sco that persons wore not prejudiced in preparing for this trial. Accused was also remanded for a week. THE FIVE ACCUSED MEN. The ages and birthplaces of the accused are as follow:—Robert Semple, aged 39 years, born in New South Wales; Georgo Bailey, aged 39 years, horn in Guernsey; Honry Holland aged 4-5 years, born in New South Wales; Peter Fra.sir. aged 20 years, born in Scotland; William Thomas Yonng, aged 43 years, a. nativo of New Zealand. ANOTHER ARREST. AX I.W.W. ORGANISER. (PBESS ASSOCIATION TELEGRAM.) AUCKLAND, November 12. Thomas Barker, organiser for the

Auckland branch of the Industrial Workers of the World Society, was arrested this morning on a charge of using seditious language, and appeared before Mr Frazer, S.M.. at. the Police Court, when Chief-Detective. McMuhon asked that ho bo remanded to appear at Wellington on this day week. When accused asked for bail the magistrate remarked that if accused had meant , what he said tho charge, was a very serious one. Accused: Tho context of tho thing is not exactly what 1 stated, your Worship. bail was Used at accused's own bond for £200 and one surety of £'JOO. and this was forthcoming. Tho chargo against Barker is that ho used the foLowing words at Wellington on October 20th in the presence of a largo number or waterside -workers: — "'You should husband your resources and cope with such n eitnation as would make Wellington a second Johannesburg. You <io not know tho moment when such a situation may arrive. Tho strike will probably affect not Wellington only but tli<> whole Dominion. The employers of Now Zealand aro not more civilised than those of other countries. Whilst they own tho workers' bread they deny tho workers the ri<rht to work for it. When trouble .irises they will not hesitate to give them a feod of lead. Every economic question is settled by force. It is a question which sido can exercise the most force." STRIKE COMMITTEE'S MANIFESTO. UNDAUNTED BY THE ARREST OF TILE LEADERS. (mESS ASSOCIATION* TELKGIUM.) WELLINGTON, INovomber 12Tho Strike Committee this afternoon made tho following statement to a Press man in regard to the arrest; of members of tho Executivo of the federation of Labour: —"The general opinion not only of tho Striko Committee, but of members of the Waterside Workers' Union, is that this has only been done to try to divide tho workers. Wo recognised that tho same course has been adopted in previous strikes, and would again bo attempted, and understanding this, tho watersido workers are determined to still nglit on, well knowing the tact that this is not tho movement of a tew men, but of a large body of educated militant unionists who desire to see an elfectivo change made in the present conditions of waterside workers. The arresfc ot Messrs Semple, Young, Holland, Fraser, and Bailey will have no effect whatever as far as we aro concerned, as there are men equally able and willing to take their places. Telegrams have been received from all parts of New Zealand encouraging tho committee to continue their effort to organise, in what they consider a tit and proper manner, welt knowing that if this organisation is brought under the heel of the Arbitration system, which lias now resolved iteelf into a weapon for the employers, they, too, would be subjected, not only to the present Arbitration Act, but to any amendments Mr Massey thought fit to bring down this session. Unionists at prosent under the Act see that the Government, wiui tho aid of the monopolists of .New Zealand, aro prepared to so amend the Act as to make it an instrument of oppression for the whole of the workers of New Zealand, and they consider that they are now not only lighting for themselves, but also for others in their effort to win this fight. Overs have been received from all parts of.. XVew Zealand from men well cognisant of tho position, to fill any executive oHice that may require their services. As far as the local union is concerned, not one single member has joined what is locally known as the 'scab' organisation, and the effect of the arresls of the executive has been to further solidify them in their determination." MEETING OF STRIKERS. (rRESS ASSOCIATION TELBGBAM.) WELLINGTON, November 12. A mass meeting of watersiders and seamen on strike was held this afternoon in the Opera House. Press representatives were excluded. Mr L. "Glover (chairman of the Strike Committee) presided, and subsequently stated that the meeting unanimously adopted a resolution that none of the men on etrike would return to work until the employers agreed to the terms asked for; also "that all present pledged themselves not to "scab" on the men on strike. Messrs Payne and Webb, M.P.'s, wrote offering to place their services at the disposal of the Strike Committee for propaganda work. The Rev. R. H. Bbbday informed the meeting that the arrested leaders did not desire the strikers to make a demonstration near the gaol, but to keep away from it, if they wanted to diow loyalty to the cause. (KRESS ASSOCIATION TELEGRAM.) WELLINGTON, November 12. During the detention of Mr tt. T. Young tho duties of president of the Federation of Labour will be carried on by Mr J. Dowgray, vice-president. The organising work of tho Federation, per-, formed for some time past by Mr -K. Semple, who is now in custody, will be continued, until that official is released, by another member of the executive.