RELIEF STRIKE

Evening Post, Volume CXVI, Issue 19, 22 July 1933, Page 15

RELIEF STRIKE

ALLEGED BESETTING

DECISION RESERVED

NEWTOWN PROCESSION

After a hearing that lasted practically all day, Mr. E. Page, S.M:, at tho Magistrate's Court yesterday dismissed charges against fivo men who were alleged to have taken part in an ■unauthorised procession on July 10, when a number of relief workers who wore refused permission to meet at Ncwtown Park, moved to the Trades Hall. Tho Magistrate also dismissed charges against two men who were alleged to have incited lawlessness by endeavouring to form a procession. Decision was reserved by the Magistrate in cases of alleged besetting brought in consequence of a visit paid to relief jobs on July 13, by a number of strikers.

Charles Morris Brooks, aged 37, Charles Frederick Barker, alias Burrows, aged 49, John Harvoy Blair, aged 37, Richard Henry Webb, aged 28, Erie George Pocock, aged 25, Thomas Ridout, aged.Sl, and William Benjamin Arthur Wilkinson, aged 37, were each charged with unlawfully besetting; a ' place where relief workers were engaged with a viow to compelling them to abstain from doing acts which they had a legal right1 to do. Blair, Webb,' Pocock, Barker, and Brooks were each charged with taking part in a procession in Mansfield Street, Kiddiford Street, and Adelaide Road. The accused, Blair and Barker, were further charged with inciting lawlessness. All the accused, with the exception of Webb and Blair, were represented by Mr. P. B. Fitzherbert. Webb and Blair conducted their own cases. Pleas of not guilty were entered. When, the Court resumed in the afternoon, evidence similar to that givon by Detective-Sergeant Hall in connection with the cases of alleged besetting was given by other members of the Police Force. . . Detective-Sergeant Eevell said that he- searched the premises of tho defendant, Webb, on. June 5, and found documents showing that the strike was organised by Communists.

THE DEFENCE.

Addressing the Court at the conclusion Of the evidence for the prosecution, Mr. Fitzherbert said that the defendants were deliberately going on a "Cook's tour" for the purpose of getting an expression of opinion by vote as to whether or not tlio relief workers were prepared to go out on strike. There was nothing illegal about' a strike, and there was nothing more illegal in the defendants going from post to post m an endeavour to get ineu to conform with, their views than in a deputation of respectable citizens going to the Prime Minister to get him to attend to their business. The accused Blair and Webb, who were unrepresented by counsel, then addressed the Court. Their contention, in the main, was that relief workers were not liable under v.charge of bonetting. In striking, _ relief workers wero not holding up industry. Webb admitted that-members of the Communist. Pm,,/ had taken a leading part in the strike, but denied that the strike had been organised by them. The documents produced by Dctectivc-Ser-Kenut Eeycll, lie said, would not show That the strike was organised b>j Commnnists."' ■•■■■■-' •--■.■■■. . Both the- accused alleged that the charge was a "frame up" to get them out of the way and prevent them assisting the working class. _ _ The Magistrate reserved his decision.

PBOCESSION IN NEWTOWN.

Referring to tho charges - against Barker, Blair, Brooks, Pocock, and Webb of taking part, in an; unlawful procession, Chief-Detective Carroll said that the procession took place on July 10 when a body of relief workers who were refused admission to Newtown Park commenced to walk to the Trades Hall. A procession was formed, but was broken up by the police. The charge of inciting lawlessness against Blair and Barker arose from their alleged action of inciting men to join in an unlawful procession. Evidence, said Mr.. Carroll, would show; that Barker and Blair had been busy marshalling tho men and moro or less superintending tho march. '[.'.'".

CHAKGES DISMISSED,

It was admitted by Mr. Ftizhorbert that all the accused, with the exception of Brooks, were members of the organised group of men that moved off from Newtown Park towards the Trades Hall. The police, ho said, must have been desperatoly hard put to it to bring a charge of inciting lawlessness against Barker and Blair simply because they had asked men to form into fours.

The Magistrate said that he did not think the action of Barker and Blah' amounted to an incitement to lawlessness, and the charges laid against them in that respect would have, to be dismissed.

Referring to the charges of taking part in- an unlawful procession, Mr. Fitzherbert submitted that tho bylaw ■which required a permit ' from tho Mayor before a procession could take place was ultra vires, because it_ was an attempt to v sweep away tho rights of the people to occupy the highway. In actual fact the bylaw meant that military forces, a body of police, or any other orderly gathering of men could not march through tho streets without tho permission of tho Mayor. Mr. Fitzherbert said he was prepared to submit legal authority in support of his contention that the bylaw was ultra Tires. t

The Magistrate intimated to counsel that ho need not proceed any further. The "bylaw, said Mr. Page, was in a form which he thought was in common use in most cities, and it seemed to him that it tamo, within the provisions of the section of tho Municipal Corporations Act relating to the order and good government of the city. The facts in tho present case were somewhat unusual. A body of men had apparently been granted permission to hold a meeting at Nowtown Park. On arrival there, however, they learnt for tho first time that the permit had been withdrawn, and that they could not hold the meeting. They were then told by their leaders to proceed in an orderly way to tho Trades Hall, where they had been given permission to meet. Two members suggested that they should go there in a procession. Although he considered that those who had taken part in the procession had committed a broach of tho bylaw, ho did not think that the case was ono that required a conviction. He would accordingly dismiss the remaining charges.