A STREET AFFRAY

Dominion, Volume 11, Issue 48, 20 November 1917, Page 7

A STREET AFFRAY

ARREST OF TWO SOLDIERS

CROWD AND THE POLICE

RETURNED SOLDIER SENT TO GAOL

j In the Magistrate's Court yesterday \Augustus George Warner, a returned soldier, was charged with interfering with Sergeant-Major D. Crowther, of the military police, while Crowther was ih the execution. of' his ■ duly, 'with assaulting Crowther, and with inciting a, man to resist the .military police. The charges arose out of tho disturbance in'Willis Street (near.the Y.M.C.A.) on the night of Saturday,: November 3." Mr. 'S. ID. M'Cartliy was on tho bench. JIV. P. S. Jv. Macassey appeared for the prosecution, and Mr. P. W. Jackson'represented the accused. .. Mr. Macassey said that, disturbances" of the kind , were becoming 'frequent, and lie suggested that if tho /accused. were'found guilt)' he should be imprisoned-, not 'fined. But for the taot ■t>f Sergeant M'Kelvey, of the civil police, i foe added, a riot would have .occurred. Sergeant-Major Growther, of the military police, deposed that he placed two 'soldiers under arrest on the night of tho trouble," and" when they were near the Manners Street-Willis _ Street' corner, Warner shouted: "Givo it a go! Don't go with them!" . Warner ' struck witness across the neck , with a stick, and witness returned tho blow;.' W arner got m amongst the - crowd that had gathered, and still shouted to the men not to let" the military police take them. When near the Y.M.C.A. Warner and several others attacked witness. Witness was struck with a stick across the front of the head, and the spring of his cap was broken. The bloywas delivered with a walking-stick, which broko in half. One of the prisoners got away, and tho other struggled to do the same, and witness struck him over the shoulder with his cano to quieten him. The prisoners were going quietly when Warner interfered. During the disturbance several hundred people gathered. The military prisoner was got away in a taxi-cab, and the civil police had difficulty in getting

Warner to tho station. ' Sergeant M'Kelvey, of tho civil police, stated that on November 3, about 10.15 p.ni, he saw a crowd outside the Y.M.C.A. in Willis Street. With two constables, ho went along to see what was the matter. The crowd numbered about 150.- The accused was in tho forefront, and with him was another man wearing a Teturncd soldier's badge. Witness asked accused what was the matter, and accused said that the sergeant-major had hit one of tho arrested men over the head with a stick. Witness went into the Y.M.C.A., and later 6ent for a taxicab, which did not arrivo without delay. Tho sergeant-major wont to the door, and the crowd hooted. A military picket arrived, and assisted to keep the crowd back. Thero was a rush from the crowd, but the picket kept it back. Tho disturbance finished about' 11 o'clock. ■The crowd followed the polico to Lambton Station. Mr. Macassey. What was. the attitudo of the mob? . . . ■ Witness: A big section ther© was Tery nntagonistio to the military police. Mr. Macasscy: Did you fear a riot? Witness: Anything could have happened. . Mr. Macassey: Did you 6pcak to the 'crowd? Witness: I told them that if I arrested any of them they would spend their Christmas on the hill." Mr. Macassey: You saw the accused : the re? Witness: Yes. Mr. Macassey: AVas he taking a very .prominent part? » Witness: That is why I spoko to him. Mr. Jackson:. Did tho accused tell you the sergeant-major hit him over the head .with a stick? ' Witness: No; Mr. .Tackson: The demonstration was directed mainly against the sergeantjnnjor? Witness: Yes. Mr. Jackson, before calling the accused to give evidence, said that it would bo shown that the trouble was due to the tactless conduct of Crowther. Warner gave evidence to the effect that he went to tho war with tho Second (Reinforcements, and that he had been away two years and eight months, and had been returned becauso of wounds received. On the night of tho disturbance he was coming down Willis Street with a soldier at about'lo.ls p.m.. when thev saw two men nnder arrest by the military police. A stranger came up and asked if. they were returned boys, and then asked them to come and see fair play,;. They went in the direction in which the crowd was going. The crowd was hooting, and there were cries of: "Giro a man a fair chance," etc. Witness looked to seo who the man 'was that was arrested, thinking it was a friend, and Crowther said: "Get rrnt!" and hit witness across the head with a stick. Witness returned the blow with a ciick lie had. _ Crowther struck him again with-the stick, and again witnessTeturned tho blow. Crowther again struck at witness, who put iiphis stick in defence. - Crowther's blow ' broke witness's stick across witness's head. Ho. saw tho sergeant-major prod one of the arrested men in the back with a stick. He did not'see Crowther hit a prisoner ,with the stick, but saw him strike at pne and miss him. The soldier who was

with witness was to have given evidence for him, and leavo for that purpose was promised; but on the day on which the soldier left New Zealand lie telegraphed to witness that ho could not get tho leave, , , .

His Worship: What was the start of the row? ' Witness: I don't know. I wns not there at thb start.

William Cotter, trimmer, who wore an "Anzac" badge, stated that he was with Warner oil the night of the disturbance. Someone, 'not Warner, 6aid to the men who were under arrest: "Giro them a go! Don't let them ill-treat you liko that!" When these things were said, Crowther turned and struck Warner two or throe times on the head with a stick. Witness 6aw Crowther poking one of tlie prisoners in the back with his stick. At| one sta»e he saw tho military police ill-treat the prisoners by .dragging them along tho pavement for some yards. . Leslie Scott,' a. steward in tho employ of the Union Steam Ship Company, said j that he did not know Warner, but. that | ho was in Willis Street at tho time of i the disturbance. Ho saw Crowther take i a "bottle from ono of tho prisoners and ! throw it ori tho ground. Some in the j crowd satd: "Give them a fair go!" j He saw Crowther poke ono of tho men •in the back with his stick. The two j soldiers and tho two lance-corporals who [ were arresting them were almost on the (.ground just near tho Y.M.C.A., and ho i'Saw Crowther (a sergeant-major) strike i one of the prisoners several good blows. [ Witness then went up- and said: "Givo the man a chance. You aro only human." • Crowther then turned to tho crowd, but afterwards 6truck the prisoner again.' Crowther afterwards asked witness to ffo into the Y.M.C.A., as ha liad something to say to him. Crowther, however, said nothing, .although witness waited till 11 o'clock. The as-sistant-secretary of the Y.M.C.A. offered ' one of tho prisoners a cup of tea. Crowther said that tho man could not havo it. The assistant-secretary said it would square tho man up. Crowther said, "No! Ho tried to hit me with a "bottle, and he will throw the cup at me." Witness interjected: "That is a lie. He didnot try to hit you with a bottle. You took tho bottlo from under his arm or j from his pocket." Crowther then said that the prisoner tried to kick him, and | witness said that that, too, was a lie. Witness did not know Warner, the accused.

Charles Edward Mells, a collector in the employ of the Wellington Publishing Company, said that ho saw the sergeantmajor strike ono of tho prisoners with a stick.

Charles Godhard, a returned soldier, who had been an officer in tho Essex Regiment, and who was at the time as-sistant-secretary of tho Y.M.C.A., also gave evidence for the defendant.

Tho Magistrate said that the evidence for the prosecution was consistent, and that for the defenco contradictory. Ho would convict accused, and sentence him to three months' imprisonment with liard labour. Whether men were returned soldiers or not they were not entitled to interfere with the polico. 'Where there were thousands of soldiers military polico were necessary, and the Court would support the police in tho preservation of order. He did not believo the sfories about the sergeant-major striking the prisoner over tho head.