MOST COWARDLY ANNOYING AN OLD CRIPPLE

Evening Post, Volume LXXXIV, Issue 70, 19 September 1912, Page 7

MOST COWARDLY mANNOYING AN OLD CRIPPLE

ONE OF THE WAIHI FOLLOWINQ-UP CASES SEVEN MEN BOUND OVER. PREFER LIBERTY. [BY TBtEGnAfH— 9P«CtAt TO TBB POST.} WAIHI, This Day. When the Court resumed thiß morning to continue the hearing of the charges against eight strikers for offensively following the lame old enginedriver, Francis Haydon, it waß announced by Chas. Smith, the striker conducting tho case on behalf of defendants, that only Midwinter would ' call evidence. Midwinter would endeavour to prove an alibi. Midwinter's landlady, Mrs. Daly, de« posed that he was in the house till twenty past two on the day Haydon was tollowed, and it would take him twenty minutes to go up town. , The police evidence had been that the proceßSioix lasted only from 2.20 till 8,35. Mrs. Carroll, daughter of the previou* witness, stated that she had seen Mid- , winter at home talking to her mother when witness left her mother's home between, a quarter and half-past two. She saw the crowd when she reached town, and she would stake her life that Midwinter could not have been anywhere near the crowd, as it took twenty minutes to walk from her mother's house to town, and he would have had to pass . her to join the demonstration. Frederick Evans, an engine-driver, but a member of the Miners' Union, . gave evidence that he was in Midwinter's company from the time the latter left his lodgings till a quarter to three, when Midwinter went to the Union Hall. The Magistrate said that the alibi threw a certain amount of doubt on the positive evidence of Constable George. Midwinter, defendant, stated on oath that he had not seen the procession at all on the day mentioned in the information. He had not passed the police station at all that day. (It was as the procession passed the police gate that the constable had taken the names of the followers), The Magistrate said where the evidence was such as to leave a reasonable doubt an accused person was entitled to • the benefit. He did not say he disbelieved anybody's evidence, but theremight be a mistake somewhere. The case against Midwinter therefore would be dismissed. Smith intimated that none of the others would call witnesses, Hughes did not intend to make a statement. Ho declared he was at his home all the afternoon, but had no witnesses. Marks admitted being in the crowd from idle curiosity. O'Toole denied following, but had no Btatement to make, Hislop denied fhe whole thing. Putan was hazy as to the circumstances. Cogl&n denied following. None of the defendants had any ill will towards Haydon ; none of them went into the box to make a statement. t The Magistrate said that Mr. Smith, like tho others, had absolutely misconceived tho law. It was hot suggested that the men had any ill will towards Haydon, though anyone knowing anything of crowds knew the danger if they got out of hand, The bald facts werethis t An old cripple^ proceeding peacefully about his business, waa followed by forty or fifty who trod on his heels, irritated arid terrified him, and he appealed to the police fbr protection. There had been no attempt to disprove the clear evidence of two constables and Haydon. This was the most cowardly 1 of all the followingg. These tactics still seemed to be going on, and there had been minor disturbances. The men would be treated the same as the others and bound over to keep the peace for twelve months, the bond and surety beina fixed at £10 each. Smith, after consulting his "clients" said that they were mostly young fellows and would endeavour to get sureties if> given till the morning. Time was readily given, the Magistrate remarking that he was glad the defendants had taken that stand, and realised the strike principle was not involved in being asked not to follow a little old cripple about. The men bouhd over are Francis' Putan, Albert Hughes. Charles O'Toole, Alex Hislop, Phil Markß, Ernest Worth, fthd Charles Coglan. The two last-named are married men.