BEFORE THE COURT

Northern Advocate, 16 April 1932, Page 8

BEFORE THE COURT

TWENTY MEN ARRAIGNED PENALTIES MORE SEVERE.' REPLACE FOR LAST night ’s havoc/ (Special to "Northern Advocate.") AUCKLAND, This Day. Again this morning, when over 20 men who were arrested last night and yesterday afternoon appeared, there was a strong naval guard on duty outside the Police Court. A very small crowd turned up, probably because they did not see anything to interest them yesterday morning. More severe punishment was meted out by Mr F, K. Hunt, S.M., this morning. The magistrate said that yesterday he imposed fines of £5 or one month’s imprisonment in the majority of cases. "That had little effect, so I am going to increase the punishment," he said this morning. "After this, those members of the public who mix up in the disturbance know what is coming to them if they get caught., Unfortunately, under the sections of the Act under which some of the charges are laid, I can only give a three months’ sentence. In times like these it is not enough. The Act should be amended."

The first to appear was John Leonard Whitten, of Otahuhu, who denied that lie iiehaved in a disorderly manner in Ivarangahape Eoad last night. Detective Sergeant • Doyle said he saw accused with several other men. Whitten was shouting, hooting and abusing special constables as they went by, and also gave the- police what is commonly known as the £< raspberry.”"Things were very bad at the time and Whitten’s conduct was also bad,” added Mr Doyle. Corroborative evidence was given by Detective Sergeant O’Sullivan. Whitten told the magistrate that v he was certainly with the crowd, but denied doing anything wrong. Whitten was fmdd £5, or one month’s imprisonment, ,

A plea of not guilty was made by Vincent Henry John Brown, aged 24, of Grey Lynn, charged with assaulting a special constable by throwing a stone at him.

Detective Sergeants Doyle and O’Sullivan said they were watching accused and actually saw him throw a stone which struck a mounted constable. Accused resisted violently when arrested, Detective Sergeant O’Sullivan stating that he was knocked down amongst the crowd. Story Disbelieved. Brown’s explanation was that he was with his brother-in-law and when he was separated from him he merely' raised his hand and called to him. He denied throwing the stone. "Two of our most experienced detectives actually saw • the stone leave your hand, and I believe thenij” said Mr Hunt, in sending Brown to gaol for three months. “1 gave everybody an opportunity yesterday when I imposed lines of £5 or one month’s imprisonment in some cases.”

Arrested in company with another youth, who was remanded to appear at the Children’s Court, Harry John Miller, of Ponsonby, pleaded not guilty to a charge of behaving in a disorderly manner in Myers Park last night. Evidence was given by Detective Brady that he saw Miller and the other youth rush through St. Kevin’s Arcade into Myers Park and pick up stones, which they placed in their pockets. When arrested, Miller had stones in his pocket. t “It was Myers Park where the riot- , crs got their supply of stones,” said Sub-Inspector Gibson. Counsel for accused said that Miller had never been in trouble before. All his papers were ready for him to join the Navy shortly. He was not an active rioter, and only went out last night when persuaded by his stepfather. Mr Hunt remarked that the detective got Miller in time. .Miller was fined £5 or one month’s imprisonment. Hurled an Iron Bar. A seaman, John Eitton, aged 25, who admitted that he threw an iron bar to

the danger of the public, but denied that he behaved- in a disorderly manner, was next placed in the dock.

Detective Nalder said that at the height of the trouble last night in Karangahape Road he saw Fitton hurl an iron bar about IS inches long at a bluejacket. Just before this occurred, a well-known criminal approached Fitton and told him ho was wanted “over there" pointing to where trouble was occurring. After his arrest Fitton denied throwing the iron bar, but he later admitted it, stating that he had lost his head. "Fitton was active, along with a man who has been convicted on a charge of demanding money by menaces," added Mr Nalder. Sub-Inspector Gibson said: "Fitton is one of the class of men who havecaused all this trouble."

Mr Hunt: "jWhat were you doing, there last night?"—"l only went up to Newton to post a letter." "Where did you get the iron bar from?" —"Oh, I picked that up in the street."

On each charge, Fitton was fined £5, or one month’s imprisonment, the terms to 'be cumulative.

The following men, who pleaded not guilty to charges of taking part in an unlawful assembly which had begun to disturb the peace tumultuously were remanded until April 22; Harry Pascla, Patrick Gallagher, Michael O’Hara, Win. Thomas Payne, Win. James French, Arthur, Francis Sturt (also charged with throwing a beer bottle to the danger of the public), Charles Treanor, and John Francis McGrath. Bail of £SOO. Said to be leaders of the unemployment movement, John Sharp, aged 36, miner, born in -Scotland, and Frank Edwin .Lark, who were arrested yesterday, were each charged with inciting lawlessness. Edmund Henry Eayers, aged 30, Sydney Cole and Robert Black were similarly charged. AH' were remanded until April 22. Sharp and Lark asked for bail. "All right, you can have bail," said Mr Hunt. "It will be £SOO in each case." Arrested yesterday on a charge of stealing a shirt and a necktie, valued at 12/(5, belonging to Horace Bull, Ltd., and a - cigarette case, valued at 15/-, belonging to\Skeates Bros., John Lewis Hurrell, England, aged 20, was remanded till April 22, Alfred Luke Donnelly, who pleaded guilty to a charge of mischief by damaging a plate-glass window; valued at £4O at George Court’s last night, was sentenced to thrpe months’ imprisonment. Rock In His Pocket. . An Australian, Victor Hugh King, aged 44, denied a charge of breaking a window valued at £25 at Ashley’s, Ltd.

Evidence was given by two special constables , that they saw King deliberatety smash the window. They kept him under observation for ten minutes, and were never more than three yards away from him, until Chief Detective Hammond arrived, when they pointed out accused to him.

Chief Detective Hammond said he found a rock in King’s pocket. ‘ ‘ King is a well-known criminal, as you will see by his ~list of previous convictions, and I ask for the full sentence,” said Sub-Inspector Gibson, King was also given a three months’ term.

James Francis Loftus pleaded guilty to smashing another of Ashley’s windows and had nothing to say. He was sentenced to three months’ imprisonment. Several .Remands. “I threw a bigger stone, but not at this window,” said Francis Henry Hawkin, when charged with damaging a window in .the Pitt Street Methodist Church last night. “I don’t know whether to be' dealt with here or by the Supreme Court,” he added. : - ■ .Mr. Hunt; “Well, you admit smashing a window anyway. I will give you time to make up your mind what you will do. Remanded until April 22.” '

A remand until Monday was granted in the case of Robert Hall, aged 49, who denied that he broke a window in the shop of George T. Pearce. Bail was fixed at £250.

Nigel James Cato, aged 24, was also remanded. He pleaded not guilty to charges of damaging a window and stealing a cigarette case worth os.

“It is alleged that this man struck a sergeant, who is very ill, and there may bo another and more serious charge to follow,” said Mr. Gibson in getting Martin H. Cairns, alias Kairns, remanded until April 22 on a charge of using insulting language.