A STRIKE INCIDENT

Evening Star, Issue 18173, 13 January 1923, Page 15

A STRIKE INCIDENT

WHARF LABORER CHARGED. USING INSULTING WORDS. Tho case against Walter Kennedy of using insulting words at the cross wharf cm December 15 in tho hearing of passersby was again called yesterday afternoon. Senior-sergeant Mathieson; informed the magistrate (Mr H. W. Bundle, S.M.) that the police would bo able to proceed with the charge, as tho witnesses wore present; they were unavoidably absent on Thursday morning owing to tho nature of their employments. Accused entered a plea of "not guilty.” He was represented by Air B. S. Irwin. Senior-sergeant Mathieson said that the strike had all to do with the matter, as v.-aa stated in the ease of obscene language in connection with the same vessel (hat morning. Constable Enwright, who wars on duty at the cross wharf on that lie hoard many of the watersidcre call out as the Oorinna drew in. He did not hear the accused use any bad language at any time. Later on a man named Pistor came to him and made a He also took other statements in connection with the affair.

To the senior-sergeant: When the complaint wag made to him accused was on the wharf. Witness cautioned the crowd, who were addressing tho crew of the Oorinna. Frederick Victor Pistor said ho way a free laborer on tho s.s. Oorinna. While they were tying np tho ship some of the watersidtera present called out. Kennedy stepped out and made use of the bad language (stated). To Mr Irwin: Accused asked him for no money, as ho (witness) owed no money to anyone. There was no trouble between them except that witness was a free laborer and the seamen were on strike. It was only recently that feeling developed, as tho bad language showed. There were three other men beside him at the time the language was used. Mr Irwin; What time that day did tho vessel come in? —I think in the morning. You eay others of the watereidora were "chipping” at you?—Yes, at me in particular, as I had worked on the wharf, and they knew me.

How did you single out. Kennedy in par-ticular?-—Ho stepped out from tho crowd and spoke, and I know him. Harry Riddel, also a free laborer on tho vessel, said ho believed tho vescal was berthed in the morning. Ho was not too sure. Ho heard! some of the language, but did not see the accused. Ho could not identify him.

Senior-sergeant! He made a statement to Constable Enwright that he identified accused as tho man who used l the language. After the senior-sergeant read the statement to witness tho latter admitted that tho statement was correct—that ho heard Kennedy use tho language alleged. Tho magistrate allowed the sen lor-ser-geant to treat witness as hostile.

Tho Magistral©: Can you identify the accused? —Only by his moustache. To Mr Irwin: He did not know Kennedy, and never saw him before. Pistor told him. hia name. Tho language came from a man with a moustache, who was standing “on his own.” Thera were others of the watersidera "slinging off” — calling them scabs and' . To the senior-sergeant: The man who used the language was moving from tho crowd.

John Martin, another mom her of tho crow of tho Oorinna., said the vessel came in somo time in tho afternoon. Tho language used waa not addressed to anyone in particular. Ho could not say who used it. This witness was also treated as hostile, and had hia statement read, to him, which he said had not been read over to him after ho had signed it.

Mr Irwin submitted that tho information should bo dismissed, ns Piston’s statements were uncorroborated.

The accused, Walter Kennedy, said ho was no\v a watersider. 110 knew Pistor for two years. When Pistor was working on tho wharf ho was not popular. Pistor owed him ss, and that was all he had against him. They were pled’ged to let the free laborers alone. As tho vessel came to tho wharf ho assisted in getting the gangway ashore. He did! not use any bad language to Pistor or„ anyone else. Ho did address Pistor, asking him to give him that 5s he owed him. Pistor replied that he could get "no five bob” off him.

To the senior-sergeant: Constable Enwright did speak to tho crowd on the wharf, but did not address him in particular.

Constable Enwright, recalled, said that he heard the bad language used by the crowd, but could not identify anyone of them. Ho did hear Kennedy call out Pistor’s name before the vesesl was tied up.

The Magistrate said the evidence was extremely contradictory. Kennedy was identified by Pistor, but Riddel and Marlin did not identify him. However, they heard the bad language used at tho time. He was quite satisfied that when Kennedy got excited he was apt to use expressions he would! not -use in bis more sober senses. Ho must bold that Kennedy used! portion of the language, but, iu view of bis good character, ho would dismiss tho case subject to the payment of costs, £2