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ROWDYISM ON THE FLAT., Issue 8052, 31 October 1889
ROWDYISM ON THE FLAT.
At the Police Court this morning seven lads, named Robert Botting (19 years), Charles Penson (14), Michael Sullivan (16), George Rosenbrock (15), William Mullins (10), Thomas Dawson (15), and Alexander Lothian (1C) were charged that, on the evening of the 14th inst., in the main street, Kensington and South Dunedin, they 11 unlawfully usedthreatenlngbehaviour, whereby a breach of the pence was occasioned,” contrary to section 3, subsection 29, of the Police Offences Act, 1884. Sergeant Macdonnell conducted the case for thb police, and explained that other boys implicated in the disturbance had not been served.
Mr Sim appeared for Rotting, Mr Calvert for Penson and Lothian, Mr Gallaway for Sullivan and Rosenbrock, All defendants pleaded nbt guilty. John Poulter, a bootmaker residing at South Dunedin, said that on the night of the 14th he was walking along the main road, when ho aa\V A man tVith his cart holding a sale on a vacant section near the Arcade, A number of boys were round the cart, and witness could not get near it. He returned a quarter of an hour later, and saw that , the boys wore singing and howling out, and ( preventing the man from going on with his sale. M’Beath, M'Lennan, Lawless, Rosenbrock, Mullins, Lothian, and Dawson were among the lads who were making the disturbance. Betting was on the footpath, and not In the row. The man asked if thelfe were Any who vVoilld help him tb get bleAr of the boys. When Constable Worthington appeared on tho scene he was hailed with abuse, and there was such a disturbance that the traffic was stopped. The boys shoved the constable about, and “ dumbed ” him so that witness thought he did not know what he was doing, and the constable was so beset by numbers that he had to run into the Salvation Army’s place for protection. In a moment or two he came out, and, exclaiming that he would have one of them, made a rush at the crowd and caught Dawson. Some of the boys then sang out to Dawson to kick the constable. Lawless was one who said this. The affair became So serious that witness and a young man named Harry Wilson agreed to follow the crowd and “ go for ” the first one they saw attack the constable. Wilson at length went for Sergeant Macdonnell and Constable Lynch to assist the policeman. Cross • examined : Betting was simply among tho crowd; witness did not see him doing anything. M’Beath, M’Lennan, and Lawless were the ringleaders. Harry Wilson, carver, also gave evidence, and added that the crowd following the con - stable numbered about .100. Mullins was one of those who were calling out to kick the policeman. Poulter started off for assistance, and a crowd of about fifty followed him to prevent him, seeing which witness went to help him, and found that tho crowd had hustled Poulter past the station. Dotting and Lothian were with the boys, but witness did not see them actually doing anything wrong. William Wardiop, chemist, gave evidence to the effect that a crowd of between 100 to 150 boys were making a tremendous row. When the constable tried to arrest ono_ of the boys, the crowd shouted out “ kick him,” “ stone him,” and so forth, referring to the constable. Stones were also thrown. Witness did not identify any particular one as taking part in the disturbance. The whole lot seemed to be making the noise ; there were not many lookers on. Constable Worthington said that when he tried to move the boys they hooted him and called him names. There were so many in the crowd that ho saw he could do nothing with them, so he went towards the station for assistance, and about 150 followed him and began to pelt him with stones. He stepped into the porch of the Salvation Army’s place, and on going out caught Dawson. While conveying him to tho station the crowd threw stones and witness let the boy go. Dotting was one of those who followed Poulter when he went for assistance. Charles Rainsford, a boy, said that Lothian was one of those who called the policeman names; and Charles ilson, another boy, also recognised Lothian as having been among the crowd. Witness Poulter, recalled, said that when giving his evidence he had omitted to mention that he also recognised Penson among those who were making the uproar. Mr Sim said that the only evidence against Dotting was that of the constable, who must have been mistaken in saying that Dotting was one of those who followed Poulter.
Dotting gave evidence to the effect that he and a boy named Montague were merely lookers-on, and took no part in the disturbance. They did not go away from Jester’s yard while the row was going on at the sale. Thomas Montague and Walter Foster gave corroborative evidence. Sergeant Macdonnell wished to gpll John MTntyro to give rebutting evidence, but Mr Sim objected and Hia Worship upheld the objection, Mr Gallaway said that Sullivan admitted being on the section, but denied that he did any of the shouting or took part in the disturbance. He called
John M’lntyre, who said that Rosenbrock, Penson, Sullivan, and Dotting were on the vacant section while the Cheap Jack was there. The Cheap Jack was, in witness’s opinion, encouraging the boys to yell at him. Sullivan was one of those who were shouting, but witness could not say whether it was at the policeman or the auctioneer. Robert Oreatrex said that he was with Foster, Dotting, and Montague in Foster’s yard when the sale was going on. They could see Sullivan, who was standing quietly looking on until Dawson was arrested, after which witness lost sight of him. Defendant Sullivan denied positively that he took part in the noise. Mr Gallaway said that Mullins's defence
iVduld be that He wis with his father that evening. ....... . , , Wm'. Mullins fiV/ofb that be fetched His b'dy homo from the Sale at half-past seven, and the youngster was in bed by eight o’clock, . Defendant Mullins eaVp fevtdenee ttt the same effect, find added that he stopped in feed. Defendant Rosenbrock denied that he had been in the row, and said that he did hot know one of the boys in the Crowd. John Rosenbrock sfild that bis soli was hoftie by 9.415 tho same evening. Mr Calvert said that the defence in regard to Penson and Lothian would bo that they were at the sale, but took no part in the row,
Defendant Penson, his mother, James Don, Henry Lamb, Harey Wilson (recalled). and defendant Lpthlatt W6rfe examined,artd gave evidence in sltpport of Mr Calvert’s statement.
Defendant Dawson gave evidence to the effect that he was looking at Cheap Jack, and when the crowd ran he ran with it’, knowing that if he stood he would be hit. His Worship ; File evidence shows that a (host disgraceful disturbance took place, and it also shows that many others who are not brought here took part in it. Perhaps some of those who are not here Were the Worst of them, but all who take any part, small or great, ill such proceedings, are equally liable for the Consequences where the acts complained Of are all; as it Were) one offends. I am satisfied froth the evidence that Pensop, Sullivan, Rosenbrock, Mullins, Dawson, and Lothian are guilty of the offence charged. With regard to Botting the evidence is not sufficient. The first six I have mentioned are convicted and fined LI each, and each will have to pay 10s costs—the total costs being 60s, to be divided equally among the six dottvibtba—in default six days’imprisonment. Botting is discharged.
ROWDYISM ON THE FLAT., Issue 8052, 31 October 1889
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