DISPUTED WORDS

Press, Volume LII, Issue 15605, 1 June 1916, Page 4

DISPUTED WORDS

AX EX-NEW ZEALANDER IN COUUT. DEFENDANT'S SOLEMN" DENIAL. (rno»t our own correspondent.) LONDON, April 21. 31 r S. V. Hrachcr, late of Christclrurch and Wellington, appeared before Mr F. Mead, at Marlborough Street Police Court- yeiierday. charged with using insulting language and obstructing the police. The incidents giving rise to the charge occurred the dny previous, when Mr J. Si,ott Duckers, a solicitor, and leader of the "Stop the War'' movement, was charged at the Court with being an absentee under the Military Service Act. Mr Denmau, who is the other Magistrate at Marlborough Street, lined Mr iScott Duckers -10s, and ordered hint to be handed over to a military escort. .Mr bracher has bec-u busy working with Air Scott Duckers in the "Stop the War" campaign, and a body ;of about thirtv ladies and gentlemen (ineluding Mr' Bracher) awaited the verdict in the hall of the Court. A slight commotion ensued, and the police arrested two ladies and four men, including Mr Uracher. PRELIMINARIES. Mr Bracher yesterday was accompanied to tlio hail of the Court by Mrs Bracher, and a gentleman friend. When Mr Bracher's name was callcd out hi.s wife and the friend attempted to enter the Court with him, but were refused admittance by the, police. The gentleman thereupon loudly exclaimed: "This is an English Court. I demand to go in." The Magistrate: Why is the gentleman excluded ? There is plenty of room in the Court. Will the Inspector see t 0 it? A few moment's later the Magistrate remarked : "There was a gentleman who wanted to come in. Where is he?" The Inspector now arrived, and said, "1 understand he h a s been creating adisturbance outside the door. He has now gone." (The gentleman haying been put into the street by the police.) Mr Burrows (for the defendant): Can the wife of my client come in? The Magistrate: Yes, certainly. Thereupon Mrs Bracher was permitted to enter the Court. Defendant -R-as first charged with using insulting language, and pieaded not guilty. THE INDICTMENT. Captain Bevis, Assistant Provost Marshal, deposed that when ho was leaving the Court on tho previous day, defendant etopd in front of him and said: "L am sorry for you, yoti dirty swine. You will go through it one of these days." ' Witness did not make a note of the language. He told defendant to go away, othcrwiso he should give him into custody. He gave defendant no provocation. Cross-examined by Air Burrows: Defendant did not say to him, "I am awfully eorry for you, old man." Witness was positive defendant used the words "dirty swine." Police Constable, Albert Hall swore that lie was standing close to the two men, and heard the phrase "dirty swine" ueeu. Ho made a, shorthand note of the words at once. Defendant pushed through a crowd of people, and placed himself directly in front of Captain Bevis. Cross-examined: There was hissing and jeering at the military and police. DEFENDANT'S DENIAL. Mr Burrows said he did not propose to call his, client, who denied using the words "dirty swine," merely making use of the observation "old man." Defendant liold strong opinions in one direction over this question, but lie was most emphatic that he had no intention whatever of insulting the officer.

The Magistrate: However strong hifi feeling may be, it- is a most abominable insult. He ivill pay -10s and lOs'Gd costs. Defendant : May I be allqwed to go into the box ? The Magistrate: It is not quite corrcct to do so now. Yes, you can, but you tako a great responsibility upon yourself. Defendant refused to hold the New Testament, a nd said that taking an oath was against his religious belief. The Magistrate: You can affirm, then. Defendant said his name was Samuel Veal Brachcr, and he was a journalist. Ho was standing in tho hall, and as Captain BeVis passed him ho said: "I am awfully 6orry for you, old chap." Ho did not use tho words "dirty swine." Captain Bevis asked: "What have J done?" Defendant replied: "You have just done something you will be sorry for by and by." He spoke quietly, and there was 110 threat. Captain Bovis said: "It is an insult to the Army. I have a great mind to give you in charge at once." A man in plain clothes liko Constable Ilall was standing by; .Captain Bevis said to this man: "You heard it, did you not?" And the man replied, ,( Yes." Defendant explained to the Magistrate that he thought Captain Bevis had been prosecuting Scott Duckers, a gentleman for whom he had great esteem, and he felt that any man with a tense of feeling -would ultimately feel sorry for being engaged in such a task. Tlie Magistrate: »>o, to ingratiate yourself with the Captain yon call him "old chap." "Was that not insulting? A SOLEMN QUESTION A-\D REPLY.

The Magistrate: Do you swear solemnly that you did not use the words "dirty swine" ? Defendant: Yes, solemnly. The Magistrate: Very -well, go away. I abide by my decision * "DOG" OR "SWINE." Defendant was then charged with obstructing the police. Inspector Ford said lie told defendant to conduct himself properly and go away. When on the .stops outside the station, the defendant said: "Do you call it justice?" and 'referring apparently to Captain Bevis, the defendant used the words "dirty dog" and said ■you will have to go through for this." Defendant then put his shoulder against witness as if to push him, and go in the direction of the officers. Witness cow arrested him. Cross-examined bv Mr Burrows: The phrase used was "'dirty swine" and not "dirty dog." Defendant denied that nuy conversation took place at all. He said that the inspector gently pushed him towards the door, and told hiiu to remain there until he took his name and address. He never used the words complained of. They were imagination on someone's part. Defendant exclaimed: ' I did not use tho words 'dirty swine.' It is not my language. T_am ndt that kind of inau." The Magistrate: Then all these three persons are mistaken. Defendant: Yes. Cross-examined by the prosecution, defendant denied viiat he had any desire to go towards the military officers. The Magistrate: I find a little doubt in this case, but not upon the facts, which I accept. I feel a doubt as to whether there was a legal obstruction of the police, and I give defendant the benefit of that doubt, but I thoroughly accept all the facts. The defendant may hold any opinions he likes, however extremes, but he has proved himself to be an offensive, vulgar, and ill-manner-ed man to use such language _ to a fentleman and an officer. In this case e is discharged. FINE PAID BY SYMPATHISERS. Mrs Bracacr afterwards wont into the witness-box to apply for permission to sco hor husband m tho coll. Sho said

she was not sure whether lie would ;,.iy Ihe line, and she wished to know what the alternative would he. "My husband," she added, "considers the (sentence unjust. He has never in his Jifo used such language. H« is a member of the National Liberal Club and is related to many leading Quakers." The. Magistrate said he t had not decided what the alternative to payment of the fine should be. Later Braeher was recalled, and having stated that lie did not wish to pay the fine, he was sentenced to twenty-one days in prison in the second division. Jn the evening, Mr George Lansbury and two members of the staff of "The Herald" paid the line without consulting anybody. Mr Bracket- had not wished to be released, but there was then, of course, no alternative, and he returned to his home. Later in the evening he attended a meeting of the No-Conscription Fellowship.