AUCKLAND RIOT.

Press, Volume LXVIII, Issue 20572, 14 June 1932, Page 13

AUCKLAND RIOT.

INCITING TO LAWLESSNESS.

COMMUNIST CONVICTED

(THESS ISSOCIiTIOK TELEQBAM.) AUCKLAND, June 13. The hearing of the case of James Henry Edwards, a Communist leader, who is charged with inciting to lawlessness on the night of the riot of April 14th, was continued. Opening the defence, counsel said that Edwards had been a marked man for years. He was a Labour agitator, and hail been trying to get better treatment for the unemployed. It was significant that a few days after the riot Archbishop Averill and other high church dignitaries had formed a committee to investigate camp conditions, and that those conditions had somewhat improved. Counsel proceeded to coment on the discrepancies in the evidence of the police witnesses.. He said that much had been made of the words used by Edwards in tho procession, "Shall we fight?" That was merely a slogan and not meant physically. There was a number of criminals in the crowd carrying missiles, but this was quite unknown to Edwards. When facing the crowd, and with both arms up counselling the crowd with the words, "For God's sake go back," Edwards was struck by a baton. He then mounted the balustrade and tried to move the crowd away from the main door. He then left for the hospital. It was not correct to say that he was batoned twice. Accused Gives Evidence. Giving evidence, Edwards said that he arrived in New Zealand before the war. He earned a living by putting up tea. Ho described the procession preceding the riot, and said that when he found the scuffle at the main doors ho decided to try to get his men away from there and to assemble them in front of the balustrade to hold an orderly meeting. Before he had time to say anything he got a crack from behind and fell. A woman appealed to him to do something, saying that the crowd had gone mad. He was helped on to the balustrade, where he told the crowd that the police had started the trouble. He counselled then to crowd round the police but not to use violence. His words were: "If there's tp be any violence let it come from them. If they crowd round you, take their batons off them, but don't use them." Two ambulance men took him away.

Cross-examined, Edwards said that though he was a Communist he was not a leader. He left the hospital because he realised that on such occasions leaders were always arrested. He wanted it to be the .biggest demonstration in Auckland, but hooligans spoiled it.

■ Other Witnesses. Explaining that he had been subpoenaed to attend, Albert Dickson, secretary of the Furniture Trades Union, said that after the first party had charged the Town Hall doors he had .seen a man raise his hands, but he could not say whether or not it was Edwards. The man was struck and fell. He saw Edwards later on the balustrade, and blood was streaming down his face. An account of Edwards's speech from the balustrade was given by Miss E. E. 'Tury. Edwards had said: "This is what I get for protecting, the police yesterday. To-night they baton me. I call on this mass meeting to witness that we bold the police entirely responsible for this trouble." Edwards also said: "You have seen an unprovoked attack on the unemployed to-night." Before calling on those present to pass a resolution .Edwards tried to draw the unemployed crowd from Airedale street and Grey's avenue to the vicinity of the balustrade, said witness. There was nothing in his conduct to incite the crowd. On the contrary his conduct was definitely in thn. other direction.

Somewhat similar evidence regarding Edwards's speech was given by Thomas

Kelly, a carpenter, at present on relief works.

The Magistrate remarked that he did not see how the crowd could take the batons off the police without using violence.

"Well, that is what Edwards said," replied witness. Three other witnesses gave evidence touching on the same incident. Edwards's counsel, in closing his evidence in answer to the summary charge, suggested that the Magistrate should consider reserving his. decision until after the Supreme Court hearing of the indictable charge. The Magistrate said he could not do that. He would consider Ms decision on tho summary charge during the luncheon adjournment.

Accused Convicted.

"This eharge of inciting to lawlessness is totally different from the charge of taking part in a riot," said Mr Hunt in announcing his decision after the resumption. "Thirteen or fourteen police officers have given their version of what took place. Necessarily there are discrepancies in their evidence which is easily understandable seeing the exciting moments they were passing through. It is perfectly clear to me that Edwards made his speech. He admits it himself in which he said 'surround them, boys, and take their batons off them,' or words to that Effect. To my mind that statement in itself incites to lawlessness; therefore I have no option on the evidence but to convict him."

Counsel for Edwards: I submit that to give him as fair a trial as possible in the Supreme Court in connexion with the other charge, the question of sentence on this charge should be held over until after the Supreme Court case. .

Recalling his action in connexion witli recent similar cases, Mr Hunt said he must be consistent. He had deferred sentence in cases where he considered the offence to be slight. However. lie had dealt with other cases, and would act similarly with Edwards. A good deal of damage had been done, and great expense had been incurred. Edwards .would be sentenced to three months' imprisonment. Appeal Lodged. Counsel for Edwards: Then I propose to appeal. Mr Hunt: On vhat grounds? Counsel: That the verdict is against the weight of evidence. Security for appeal was fixed at When the question of bail was raised, Mr Hunt said: You had better go to the Supreme Court for that. Counsel protested at that course being prescribed. The Crown Prosecutor said he would oppose bail. • ' . , Counsel contended that according to law, Edwards was entitled to bail under such circumstances. He quoted the section from the Act bearing on the point. ,u Mr Hunt said he would look into the question later. Indictable Charge. The indictable charge «f taking part in a riot was then proceeded with. The depositions given in previous similar cases were read to witnesses and confirmed by them, thus expediting the procedure. On liis plea of not suilty. Edwards was sent to the Supreme Court for trifl, brtil of being; allowed. The disunited point regarding bail in view of the intention to appeal against the decision on the first charge was in Chamber*.. It wfl«: subsequent! v announced that on Edwards enter in t into a bond of £2O to prosecute his nppenl he. was liven his libertv nendincr the anneal being determined bv the Supreme Court.