THE ALLEGED INFLAMMATORY MEETING.

Evening Post, Volume XXXIX, Issue 67, 21 March 1890, Page 3

THE ALLEGED INFLAMMATORY MEETING.

PUO3ECUTION OF TWO OH 1 THE &PJSAKKRS. THE CASE DISMISSED. Twe woll-known legal practitioners, William Roevo Hatoldcn and John Thompson, wore charged at tho Magistrate's Court this monrng, boforo Mr. Robinson. R.M., with having on tho 11th inst., at Ngahuuranga, counHollcd divers persons tlien nnd thoro present to commit a misdemeanour, that is to siy, unlawfully and maliciously to destroy n. tollgato net up on the county road botivcon Nguhauranga and Johnsonvillo, which eaid misdomennour wan uotualiy committed by tho pursons ho comißolled. Mr. Travors appoared for tho proßonution on bohalf of tho Hutt County Council, and tho defendants conducted thoir own caao. Ilts Worship guvo tho oaso precedence over another that stood before it on tho list, on Mr. HaEoldon representing that hn and his 00-defondant wore suffering vory much from the Busponso in whioh thoy stood, both in business and in health. Mr. Hasolden took a preliminary objootion to tho information, which, lie contended, wan bad from beginning to end. Johnston's Jnßtice of tho Peaoo laid it down that an information must be for souio indiotablo caso oyor which the Supreme Court had jnrißdiotion. They wero ohargod with being accessories before tho fact, but under tho Accessories Aot, 18(37, wlioovor aided, abetted, counselled, or procured the commis«ion of a misdemeanour, was mado liablo to ho tried and punished as a principal offender. Iv misdemeanour, no suca thing a* aoocseory before thp fact was known to tho 1-iw. Tho information must theroforc bo disroiesod, nnd from what had since boon learned as to how innouont and guiltless thoy wore, be apprehended that another would hardly be laid against them. Mr. Travora said tho information was laid in tho words of the statute. His "Worship said, after argument, that after all tho only business of his Court was to see whothor there was ovidenco of an indictablo offonco to go to a jury, and he did not think ho should ttop the case at the outfiut upon technical grounds. Mr. Travors rooitcd at length tho steps taken by the County Council to establish the tollgateß on tho Hntt and Jobnsonvillo road a, and stated tho circumstances under which thoy were destroyed, ond under which tho defendants wore alleged to havo incited to their destruction. Mr. G. Hutohison, M.H.E . of Wanganui, was at this stage instructed to appear for tho defendants. Mr. Travers said there would have been an easy romedy open to any persons who considered that tho tollgates had been improperly plaoed, or that tho Council had no power to ohargo tolls. They could simply have rofuHod to pay, or have paid tho fee, and brought an action for its recovery. William Jones, Clerk to the Hutt County Council, gave formal evidenoo aB to the passing of tho resolution that tolls should be collected on the Hutt and Johnsonville roada— known as the Great North-eastern and Great North-western roads — from tho 28th iust., and also tho publication of tho soalo of tolla. Henry Damant provod tho hanging of the Ngahauranga (jato, and the construction of the Johnsonvillo one, and the partial creation of ono post preparatory to hanging it. The post was simply plaoed in tho holo, and the gate was cioso at hand with tho material for the toll-house. [Mr. Haseldon pointod out that dofendenta were only ohargod with reference to one gate. M. Travors said it was tho Johnsonvillo one at tho Blucgums.] On tho morning of tho 12th inst. nothing remained but ashes and charred ends of timber and ironwork. To Mr. Hutchison— Tho gate had not been hung, and nothing had boen done to interfere with traffic. Witness had not eeen the notification in the newspaper about it. Ho boliovod that tho site for the gate was just about iv mile from the boundary of On slow Borough. He had not advised the County Counoil that it was less than a mile, but ho would not swear positively that it wa9 not. Ho was not aware of any other reason why the gate had not ainoo been erected except that be had received no instructions. To Mr. Travors— The Gazotto notice constituting the borough had not appeared at that timo. Next night witnesn erected anothor gato, but it was ohopped down, nnd almost everything was burnt, for this reason it was deoided to postpono erecting it again until tolls were collectable. Andrew A. Stuart Monteath, M.H.R., barristor, deposed that on tho 11th instant he presided at a meeting held at Ngahauranga in opposition to tho toll system. Both defendants spoko. In going out witness had not Boon any tailgate, bnt ho had very nearly run into an unliffhted obstruction, whioh he took to bo n post. After the meeting, witness and others wero naked to go np the gorgo "to see a fire." Tho fire was just above the bluo gums, apparently in the gravel of the stream, and the fuel seemed to bo something like tho materials for the erection of a house. Mr. Travors— You know tho quotation from the dialogue between Polonius and Hamlet. Was it very like a whale, or a g&tof Witness- 1 did not recogniso it as such. Cross-examination continued— Mr. Thompson, in his address, spoke against the polioy of ereoting tollgates. Did not rooolloct Mr. Thompson iraggesting any uso that tho gates could be pnt to. Them were, however, a good many ohaSlng intorjeotions. Did not think Mr. Hasolden made any suggestions of the kind. Tho report in tho Etenino Post was a very much oondonsed resume of the proceedings. It saemod correct, as far as a oondonsed report could be, though in places it did not fully represent what took place. Some obsorvation was made about the wood of gates, bnt ho could not Bay whether it came from Mr. Thompson or from one of tho audience. Thoro was quite a orossfiro of interjections at tho time. Ho understood that the gates undor discussion -were in course of erection, bnt not completed and equipped as tollgates. As to going up tho valley, somebody came into the hotel after 11 o'olook and Baid thero was a strange firo emanating from an unknown oauso. Somebody suggested that it might bo some of the matorial for tho erection of the tollgates. There was nothing but this surmise to show that the fire was in any connected with tho tneoting. Mr. Hasolden had told the meeting a story about the removal of a gato whioh had been plaoed aoross a privato road in Wostport. To_ Mr. Hutchison— There was nothing felonious about the tone of the meeting. Did not as chairman fcol called upon to interfere with any of the sentiments oxprossed. As a barrister he aould say that nothing that either of the defendants said left upon his mind any impression that it wbb an incitement or inducement to commit a misdemeanour. The reference by Mr. Haseldon was to an ao< of tho Borough Council of Weetport, wh "o he was Mayor, in removing a gate that h: been erected in the borough by the liailwa Department. He described tho aot of re rr ral as tho lifting of tho gato off its hinges md pntting it carefully on one side. Mr 'hompson had replied jocularly to the jc ig intorjeotions, and witness treated tho v lo matter as a manifestation of good humour. To Mr. Travers — Did not contemplate the burning of tho gate wbon tho meeting was going on. Had ho nono so ho would have viewed the interjections luora seriously. Was not aware till lioxt day th*t the fire he te.w had any connection with the tollgates. Did not now know that the burning of the gatos was done by anyone who was proeont at the meeting. The burning of tho gates came upon him as a surprise. Had taken tho interjections about " tne price of firewood " as a more joke. Henry J. Taperell, reportor for tho New Zoaland Times, was examined at some length as to what occurred at the meeting. After hearing his version, Mr. Travers withdrew tho chaxgo against Mr. Haselden, who then announced that ho would aot with Mr. Hutchison for his partner, Mr. Thompson. J. R. Gibbons, reportor to tho Evening Post, and Henry Tyer, felltnonger, wero tho only other witnesses for the prosecution. After hearing Mr. Hutchison, his Worship dismissed the information.

Tbe tenders roceiveii for tho stock-in-trade of Henry C. Ha<olden, booknollnr and stationer, wero openod by the Official Aosignee and Mr. J. Lachtnan (appointed for the purpose at a former meeting) this afternoon. The Official Assignee stated that there had only boon two tenders received, and under tho circumstances Mr. Lachtnan proposed that the time for receiving tenders should he extended to next Wednesday. Mr. Quick seconded the proposition, which was agreed to, it beng understood that if buod tenders were not satisfactory, the stock should be disposed of by public auction. Mr. Haselden suggested that ho should be employed as auotionocr to soil the stock, that was if tbe creditors would prooure him an auctioneer's license If tho creditors acceded to this proposition he (the debtor) would sell without charging commission. Mr. J. T. Stewart, business manager for Mr. David Christie Murray, arrived from tho South to-day, to make arrangements for that gentleman's lectures.