GAOL SENTENCE

Evening Post, Volume CXXIX, Issue 77, 1 April 1940, Page 9

GAOL SENTENCE

PACIFIST SPEAKER

REV. O. E. BURTON

OBSTRUCTION CHARGE

'Appearing in the Magistrate's Court today on a charge of wilfully obstructing a police officer at a pacifist meeting' on Friday evening, Ormond Edward Burton, a minister of religion, aged 41, was convicted by Mr. J. L. Stout, S.M., and sentenced to three months' imprisonment with hard labour. After sentence had been imposed the defendant -expressed his desire to appeal, anC security was fixed accordingly.

"It is very hard to know what to say to a "man who should know better," said the Magistrate to the defendant, after the evidence had been heard. "You know the troublous times in •which we are living, and you know that the more soldiers that go away from these shores the more hostility there will be towards the meetings you hold. That does not seem to affect you. It seems to me that if hostilities start in earnest and we get casualty lists through, there is more likelihood of trouble starting. ■;'■'.•

"You would be well advised to stop this propaganda, at any rate, until hostilities cease. In peacetime it might not do any harm, but at the present time if your propaganda is likely to cause serious disorder, it is your duty to cease it." . ■ TROUBLE FEARED; Sub-Inspector L. W. Capp said that on Friday evening, at about 7.55 o'clock, in company with other police officers, he went to.the reserve at the corner of Manners and Dixon Streets. There were very few people about just then. At about. 8 p.m. the defendant arrived, and stepped to the' base of the water fountain: Witness warned him that he would not be able to speak that night. He asked why, and witness said: "Following previous conduct of the meetIngs held here on this reserve, we apprehend that there might be disorder end a breach of the peace." After appealing to the crowd, Burton took off his overcoat and handed it to someone standing behind him, looked at some notes he had, and attempted to step on to a box. Senior-Sergeant Power told Burton he could not use the box, as it was dangerous, and the box was taken away. The' defendant then looked at his notes, stepped to one side and faced the crowd, and said: "Now, Jesus Christ. .. ." He" wa,s not "allowed to complete the sentence, but was arrested and charged with obstructing the police. "I have* attended quite a numbei; of , these meetings,".. said .Sub-Inspector . Capp, "and they have "II been more or less disorderly; a large majority of them being hostile to the speakers." Witness described other meetings he had attended. Questioned by Burton,, witness said that he did not notice any soldiers or any formed bodjr of returned soldiers present. He did not hear any threatening remarks addressed to anybody during the proceedings. Senior-Sergeant J..J. Power said ..that earlier in the "evening he had received informatiori'that if there were "any speaking by, pacifists, 7 there would be organised demonstrations by naval • and military men. As officer in charge of Taranaki Street" police district he was responsible for maintaining} law and order in that area. For over a period of probably two months it had been necessary, every night the pacifists spoke, to prepare* a special . roster,. and sometimes he had had as • many as 30 constables and sergeants "• present for the purpose of maintaining law and order. 'It was quite apparent that if they were to speak, disorder would result,' Questioned by Burton, witness said that he did not communicate with the naval and military authorities after receiving the information about the organised demonstration. He had a reserve of police present, for the" express purpose of maintaining law and order. ' A number of other witnesses also gave evidence for the prosecution. BURTON'S VERSION. On' his own behalf, Burton said that he arrived at the reserve at about 3 minutes to 8. At that time there were very few people about. He reached the stand, and the inspector came and asked, and then ordered, him to stop the meeting. He asked for the proper legal instructions in regard to that, and was simply told "previous proceedings." He proceeded to mount the box to speak and said, "The Lord Jesus Christ calls us to peace ~; ." and was then arrested. • Questioned by the sub-inspector, he said that he quite understood that.the police did not want him to carry on. Giving evidence on Burton's, behalf, Robert lan Burnett, a clerk, said that he had not previously spoken to Burton, and was not a member of the Christian Pacifist Society. When he - arrived there were about ten people in the reserve, and when Burton commenced to speak there were, ho outbursts of a hostile nature, and no dis- • order. Other witnesses gave similar ■ evidence, one saying that the crowd was "as orderly as a Salvation Army prayer meeting." The . defendant submitted that al- • though a speaker might be likely to incite a breach of the peace, he could not be stopped on.the mere presumption that he was going to do so, even though in previous speeches he had incited violence. Although a meeting might be a breach of good taste, or under the circumstances unwise, that was no reason why it should be stopped. From what had been said by witnesses it was seen that there was no indication of the remotest possibilities of a breach of the,peace. There were no formed bodies of soldiers or

returned soldiers present. Even if the police had some grounds to suppose that there might be trouble, they

should not have taken action until they had some obvious evidence that trouble was likely to occur.

The Magistrate then made the comments reported above and imposed sentence.