MEANING OF FORCE

Evening Post, Volume CIV, Issue 9, 11 July 1922, Page 7

MEANING OF FORCE

EXTRACTS FROM A LECTURE

CHARGES AGAINST GALBRAITH

"THE LABOUR PARTY IS

USELESS."-

The hearing of the charge against Alexander Galbraifch of having incited violence in an address on "The Downfall of Capitalism," at the Communist Hail, Manners-street, on 4th June, was continued at the Magistrate's Court yesterday afternoon.

Mr. F. K. Hunt, S.M., was on the Bench, Mir. P.. S. K. Macassey appeared on behalf, of' the Crown, and the defendant was represented by Mr. J. F.. B. Stevenson.

Continuing his evidence regarding the interruption by a blind man at the meeting, Detective-Sergeant Lewis stated that Galbraith said that he thought that the workers had sympathy tor the blind men. As to going out into the street, he said that was not always practicable. The blind man said that surely, if a Labour Party, were returned to •power, the people would get all they wanted by constitutional means. The speaker replied that he thought the return of a Labour Party was absolutely; useless, and if the workers wished to get anything they would have to get it by force. There were a lot of other matters spoken of in regard to the Maoriland Worker and the Transport Worker. ; , ' Mr. Macassey : "Did he say anything about a revolution m England?" Witness : "Yes." He said the only,tiling that waa stopping a revolution in England was the unemployment dole." Mr. Stevenson: "You didn't take a shorthand, note?" —"No, I took a mental note." "Did anyone show any desire to go away and smash windows, or anything like that?"—" No." . "Did he say that before any change took place here, the change would have to take place in America and England?" —"I won't deny that he did. That is a Communist idea, and he may, have quoted it." "There was no advocacy of immediate violence?"—"l won't say that." "AN EXCESSIVE COMMUNIST." "He was dealing wiihsworid politics?" —"His address, was in excess of the usua| Communist address. He is the first Communist I have heard advocate violence." "What was your impression of the defendant?I '—"Well, in times of peace, he would be all. right, but, at the least sign of any industrial upheaval, he,would b» a dangerous man." , "When he said that, he did' not want them to go down the street looking for Bill Massey, do you think he meant the whole capital claes ?"—"Probably; he did." ' . . ■ . To Mr. Macassey: Force waa the main weapon advocated .by the de-' fendant. Galbraith was the most extreme of the extremists, and he did not think that any of the local Labour men would speak in the same strain. "AWAY WITH THE CHURCHES T Constable Watts, who was present; at the same meeting, stated that Galbraith said that the most important, capitalists to be done away with were the churches, and to do this force would be necessary: The Communists he said could only go a certain distance> in. speaking in , the streets as the capitalists would not let them overstep the. barrier; It was the Communists' place to obstruct and impede the army, Galbraith bad said:' The whole substance of the address was the overthrow of the capitalist class bj; means of force; THE CHARGE AMENDED: Mr. Stevenson said that he considered the charge was .not. sufficient;. , there should be some definite words, stated. . -Mr. "Macassey : "Very well. I will aak that the. information should be amended, by inserting ihe first statement of defendant's speech given, by Detective-. Sergeant Lewis;" This amendment \ras made. FOE THE DEFENCE., Mr. Stevenson said he wanted to mafic it quite clearthat the defendant was not a paid, agitator, but was quite sincere. He had been in constant employment for the past twenty years, and made similar speeches when opposing Mr: Nash at the; Paknerston North. by-election; The section under which Galbraith was charged was an inroad on freedom of speech. Unless the-prosecution proves that the defendant intended to incite violence, it must fail as mens.rea was an essential factor. The Chief Justice had ruled that the surrounding, circum-: stances must be taken into consideration-, as had been'done at the .time of the 1913 strikes; It seemed to him, said counsel, that in this case the Crown had gone out of its way to bring a charge of inciting! violence •when there was not, a s.uggestion of violence in the air. In this case they had not a full shorthand report of the speech> and it had been held by an English Judge that they should not look to a strong word or phrase, but should refer to the whole speech ot article; AN EXPLANATION OF FORCE" Alexander' Galbraith, after, making an animation that he would speak the truth; said he was a motor-lorry driver at Napier. During 1918 he contested the by-election at Palmenston North; and j was just beaten "by Mr! Nash by a little over 200 votes. He had been selected to stand for the Napier seat at the General Election in the interests of the Communist Group.. Eight through the course of his lecture, he was referring to force as one of the elements of the nature of human beings. He meant to convey that by force man was superior to the animals. He explained the three stages of savagery and the three . stages of barbarism. The detective had missed the first part of the address, and had come to the wrong conclusion as to what the witness meant. ..Witness had never used the word violence. The reference to .Mr. Massey was made in order that no ignoramus in the crowd would run away with the idea that he was advocating them to use force. He had urged that the working class should : use every avenue open to them in order to gain their ends. He had stated that the changes would, first, take place in America and Europe, and any change here would follow as a natural course. Witness alleged that the police witnesses had been "slightly mixed " in regard to some of his statements. A REVOLUTION RECOMMENDED, Mr. Macassey: " You have read cer-. tain pamphlets stating the Communist policy?"—" I have read extracts." "Don't, you know that these pamphlets recommend a revolution or force?" —"What do you mean by a revolution?" " A revolution of the people. What means do you suggest thb capitalists could be overthrown except by revolution and force?"—" The system is going to rise to sucli a state that it will topple over itself." " Well, you should have told them thai if they waited patiently capitalism would fall over under its own weight. Don't, you think the collapse ■ would* be1 fought jtf^ti j^_§aa^taygaal,. mstfc,-

ode.?"—'-' Tha overthrow is a prediction passed on of what has happened in the past."

"Did you say that but for tho unemployment dole there would have been a revolution in England?"—"l intimated that there'might be trouble." He admitted having said that Christianity had been preaching peace for'2ooo years, and they had had nothing but bloodshed, much of which had been brought about by Christianity. Mr. Stevenson: ". Is the report a true report of your speech?"—"Oh, no; it's ridiculous."

At this stage, the hearing was adjourned until 2.15 this afternoon.,