RAID ON FEILDING VOLUNTEER WORKERS

Manawatu Times, Volume LVI, Issue 7070, 1 February 1933, Page 8

RAID ON FEILDING VOLUNTEER WORKERS

Charges Against Michael ? Ronghau Dismissed IDENTIFICATION TESTIMONY INSUFFICIENT The public gallery of tho Feilding Magistrate’s Court was crowded yesterday afternoon to follow the charges preferred against Michael Roughan arising out of the night raid on volunteer freezing workers which occurred in the early hours of January 11 on the ■property of Mrs. Wallis, at Stafford street, Feilding. The polico case depended upon the evidence of identification of Roughan tondered by Lancelot A. Cornfoot, who on oath was unable to swear positively that Roughan was one of the men who was concerned in the assault upon Dick and others. The Magistrate (Mr. R. M. Watson, S.M.), decided that thero was insufficient evidence of identification to warrant sending Roughan on trial, and accordingly dismissed the charges. Roughan was charged with doing actual bodily harm to Albert Dick and with being a rogue and a vagabond in that ho was found by night without lawful excuse on the promises of Mrs. Wallis.

Senior-Detective Quirko prosecuted and Mr. A. J. McLcavey represented the accused.

Dr. K. G. Salmond recalled the early morning of January 11 last, when shortly before one o’clock ho visited the residence of Mrs. Mary Wallis, 27 Stafford street, to attend to Albert Dick. Ho found him lying in bed in a shock-dazed condition suffering from a deep extensive cut on the head. The wound required stitching, and witness sent Dick to hospital. Tho injury could have been caused by either a blunt or a sharp instrument, and the cut was so deep as to expose the skull. * The wound could have been caused by a piece of manuka (produced) about 14 inches long. To Counsel: Witness was called to the scene at about 12.50 a.m., and visited- the shed in which Dick was found in bed. The examination of Dick was made by an electric torch. To Mr. Quirko: He did not examine the room to see whether it had electric light. He was ushered into tho room and there was a light there, but whether it was from a torch, electric, or other light, ho did not remember. Dr. J. Miller, Palmerston North, said he knew Albert Dick, who was admitted to the Palmerston North Hospital on January 11 suffering from head wounds and slight concussion. The piece of wood, produced could have caused the injury and the blow must have been a severe one.

Mary Wallis, widow, residing at 27 Stafford street, Feilding, recalled the morning of January 11. She had a number of freezing workers residing on her premises, some in the house and some in outbuildings. Some time between 12.30 and 12.45 a.m. she heard a disturbance —a scream first and then a groan. Witness got up, looked out of the window and saw a man pass near the window, going towards the gate. The man was proceeding from the motor shed. It was a moonlight night and witness noticed the motor shed light on. This shed was fitted with electric light and occupied by Dick and a man named Cornfoot. She turned her bedroom light on and noticed the time was 12.40 a.m. She went to the motor shed and saw Dick and Cornfoot. The accused wa's a stranger to her and had no authority to be on her property. To Counsel: Witness would not say that her clock was correct, but it was nearly so. All she saw of the man passing her window was his legs, and he was wearing light-coloured trousers. To Mr. Quirlce: Five other men occupied an adjacent room to that occupied by Dick and Cornfoot.' These men included Doherty and Willis and there was an electric light in that room as well.

Albert Victor Samuel Dick, butcherlabourer, employed at the Feilding Freezing Works, said he occupied a Toom with Cornfoot at Mrs. Wallis’s place. The room was lit by electric light and he slept nearest the door. Early in the morning on January 11 he received a blow on the head and did not remember anything until ho saw the doctor attending him. He was removed to the Palmerston North Hospital, where he remained for nine days, and was still under its charge. He did not know the accused. He had been working at the freezing works for six and a-half days prior to the assault and had not been in any argument with the unionists. Witness w r as married with three children. To Counsel; Witness had no idea who lit him.

Lancelot Ambroso Cornfoot, labourer, employed at the Feilding Freezing Works, said he resided at Mrs. Wallis’s place. On the night of January 10 he occupied the same room with Dick, and arrived heme at midnight to find Dick in bed asleep. Witness went to bed but did not go to sleep immediately, as he was finishing a cigarette. After putting out the light witness heard a noise at the shed door, and listening heard some men at the door. Next he heard a thud near Dick’s bed, and before he could call out witness received a blow on his right leg and instantly put his arm up to protect his head. He then received a blow on his arm. Witness then called for help and five or six men ran to the door as witness switched on the electric light. One man turned and witness picked him to be “Mike” Eoughan, whom, ho had known for six years. He had a sideon view of the man, who was dressed in grey tweed trousers, a dark coat and a grey cap. Witness had known Eoughan at Pahiatua. He heard one of tho men say as they were going out of the door, “Sun, Pm spotted.” Eoughan was the only one of tue unionist men witness knew. He attended to Dick and then the doctor arrived, followed by the police. Witness found the pieces of wood produced, one a short piece of manuka and tho other a cut-down wheel spoke. To Counsel: Witness appreciated the fact that there was a very grave rCisponsibility on him and knew ne was

the only man claiming to have identified accused as one of those who had taken part in the assault. Ho -was not prepared to swear definitely that the man he saw in the shod v.-as Eoughan. When interviewed by the police shortly before 1 a.m. on January 11, he told them that he recognised Eoughan among the men leaving the shed. Ever since he had known Eoughan he had worn grey tweed trousers, black coat and a grey cap. Ho had never seen him in any other clothes. He picked Eoughan by tho glance ho had of his face and by his clothes. To Mr. Quirke: Witnes's admitted that he had given a statement to the police positively identifying Eoughan, and attributing to Eoughan the remark: “Eun, I’m spotted.”

Mr. Quirke then said that rvas the only evidence of identification and it would appear Useless to go on in view of the altered statement of the witness Cornfoot.

Tho Magistrate said that witness had given a statement to the police positively identifying Eoughan, and in his evidence was not prepared to swear to the identity of Eoughan. The Court could not say whether the police should continue.

Mr. Quirke decided to continue,

Corroborative evidence as to the disturbance was given by James L. Doherty, who received a blow on the head but -was unable to say who did it.

Constable Johnston said he interviewed Cornfoot and obtained the statement identifying Eoughan. He could not say why Eoughan was not immediately interviewed. That was a matter for his superior officer. Mr. Quirke said he questioned accused as to his movements on the night of January 10 and tho morning of January 11. Accused said he went to bed on the night of January 10 at 9.15 o’clock, and remained in his room until about 5 a.m. on January 11, when he was interviewed by Sergeant Cahill. Later accused was arrested, and when charged answered: “Not guilty.” Mr. McLeavey submitted that there was insufficient evidence to justify sending Eoughan up for trial. The Magistrate said that the evidence of identification against the accused was too weak to warrant sending Eoughan on for trial. For that reason the information would bo dismissed.

Counsel said ho felt obliged, as an officer of tho Court, to say that he was satisfied that Eoughan played no part in the disturbance.

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