STRIKERS IN COURT.

New Zealand Herald, Volume XLIX, Issue 15096, 12 September 1912, Page 8

STRIKERS IN COURT.

THE WAIHI PROSECUTIONS.

CONFLICTING EVIDENCE,

MEN" DENY PARTICIPATION.

FURTHER HEARING TO-DAY

[ill" TKLEOn A PH. —OWN COUKF.?I'ONDENT.]

Waihi, Wednesday. To-day the strikers have had no time to wastu in quoit-playing or hatching plans. Their attention has been confined entirely to defending themselves against charges preferred by the police, and they are likely to bo kept busy for a day or two in showing cause why they should not be punished for their past doings, or bound over to keep tho peace. In all some S3 informations applying to 44 persons have been laid, covering charges of obscene and insulting language, assault, and the adoption of such methods towards the engine-drivers as may provoko a breach of the peace.

When the Court was opened this morn-, ing (Mr. F. V, Frazer, S.M., presiding), soma 500 to 400 strikers wero in attendance,- but there was not space for all in the Court-room, and many had to spends tho day in the Court-house grounds. Air. Sehvyn Mays (representing tho Crown Prosecutor) appeared for the police, and Mr. E. C. 'Clendon for the defendants. Others present included Air. J. Cullen, Commissioner of Police, and Air. Wright, inspector of police for the Thames district. The First Case. . After a brief discussion between counsel it was agreed that the proceedings should bo opened with tho charges against 18 persons alleged to. have been concerned in a demonstration directed against Benjamin Sheard, president of tho Waihi Enginedrivers' Union, on the afternoon of September 4, at Waihi. Tho police asked that the men should find surety to- keep the peace.

Tho strikers charged with following and other actions necessitating the application by the prosecution were: C. liar man, AT. F. Zenovitch, AI. Piacun)' E. Dye, B. Campbell, E. J. Dwyer, Albert Lindwal), Harty Parry, 1). Kemp, H. J. Power, H. Sorenson, W. Lennon. Adrian Greig, P. Collins, J. Gaynor, F. W. Sykes, K. Almond, and T. Williams.

In opening briefly, Mr. Mays pointed out that tho attitude adopted by the strikers towards Sheard 1 was such as was likely to provoko a breach of the peace. Evidence of the Police. Constable Williamson (Waihi) was the first witness called.. In. the course of his evidence ho said that pn the afternoon of September 4, about 2.40 o'clock, he saw Driver Sheard in Seddon-strcet, and immediately after heard a whistle sounded. Quite a number of men came out of the Miners' Union Hall, evidently in response to the whistle, and they with others followed heard down Rosemont Road into -street, where the crowd increased to something like 200 men. When spoken to, the men said that they were ?iot following ; the engine-driver. Witness then ■ told heard to go down towards a given point and back. He was still followed by the. crowd, who - jostled him about. The instructions to Sheard were repeated, and the crowd, now numbering, something liko 300, still kept at tho heels of the driver, who went as far as Dr. Gallaghan's surgery.

The Crowd Warned. Both- witness and Constable Skinner again warned tho crowd against following, and ono of them replied : " You can't stop us." : Skinner said,. "Perhaps not, , but we will try." A striker named Collins then said,. "I suppose you are going to shoot. ' .The reply given by Skinner was that such was not tho case, and that the police had no intention of using violence unless forced ;. to such a course. Sheard was now trembling with fear, and he and another driver, who had just arrived, were escorted to the police station, the crowd again following..... .. , ,

- About an hour later Sheard, who was in a state of fear, was, escorted to his home by the mounted police. A Serious Position. Cross-examined by MivClendon, witness would not-say that any of the particular persons charged had jostled Sheard,' but they had been with the crowd, some of whom had encircled and jostled the man. There had been nothing further in the nature of violence. He would swear that all the men enumerated in the charge were those following Sheard.

Re-examined by Mr. Mays, the constable said that lie had regarded the position 011 the afternoon ■of September 4 as serious, so serious indeed that the police had decided to' resort to violence if no other course was open. ■ Constable Jackson (Waihi) then gave evidence 'corroborating in most essential details the statement of the previous witness relative to the demonstration of September 4.

To Mr. Maya: The position certainly looked serious when the crowd gathered round Sheard at. Dr. Gallaglian's surgery.

Hostility of the Crowd. Constable A. Skinner (Tauranga) followed, and stated that the attitude of the strikers towards Sheard on September 4 became so serious that lie considered that the time had arrived for the police to take more definite action. Witness requested : Constable Williamson to go to tho Btation for additional police. Addressing the crowd, witness naid the police were not there to take sides, but to do their duty, and that they intended to do so. lie warned the men against following Sheard, and made it clear that it was to bo stopped, even if the police had to resort to violence, though this would not be done unless they were forced to it by the strikers.

Examined by Mr. .Mays, witness said Sheard had the appearance of a hunted animal, and his faco bore every appearance of fear. The crowd was not hostile towards the police, but certainly appeared to show decided hostility towards the engine-driver. Cross-examined by Mr. Clendon. Constable Skinner said he certainly regarded the attitude of the men towards Sheard as intimidating and as cowardly. Dr. Gallaghan, placed in the box, said that Sheard was in his surgery about four o'clock on the afternoon of September 4. The man was somewhat excited and nervous. and was trembling. Constable Blalteley (Waihi) deposed to a number of the men charged being among the crowd which followed Sheard on September 4, and enumerated them. Evidence by Engine-drivers. Henry Langdon, one of the enginedrivers, stated that ho accompanied Sheard from Dr. Gallaghan's to the police, station. The crowd followed, but the police kept, order. Subsequently the crowd followed witness and Sheard to the latter' home and back again. The crowd rnado various objectionable comments relative to the drivers. One of the strikers, Kempt, challenged the drivers to fight, saying, "We are good enough for you." James Thompson, William Samson, Alexander Hall, Charles Dunsftan, John tarless, and Joseph Morgan (all enginedrivers) .corroborated Langdon's statement.

Certain of them stated that a. striker named O'Toolo shouldered one of their number (Dunstan), and another named Zenovitch, addressing the drivers, said, "We'll smash you when wo get you by yourselves.'' An Intimated Driver. Benjamin Sheard, president of the En-ginc-drivcrs' Union, detailed the following of the crowd, members of which used both filthy and threatening language, the latter including, "We can do for you," and " We will do for you." They were also treading on his heels and surrounded him so closely that it would have been impossible for him to spread his arms out. He was in a state bordering 011 nervous collapse. One of the accused, Kemp by name, had talked fight, and said he would be glad to " have a. go" at witness. Some General Evidence. This concluded the direct evidence, after which Mr. Mays called witnesses who had been followed and interfered with on other occasions by strikers, the object being to show that the demonstrations wero part of a system, and to show the effect of the strikers' action upon those to whom they have been paying attentions. .Mr. Clendon contended that such evidence was not admissible in that it had no direct bearing 011 the charge against the 18 defendants in Court. His Worship ruled that if the evidence offered was sufficient to show that' apparently unconnected acts wero part of -a system adopted by the strikers it should bo admitted. 1 Albert Inglis and Bernard Stone then gavo evidence of demonstrations and interference with individuals by the strikers!. This closed the evidence, for the prosecution. Case for the Defence. Counsel for the defence (Mr. Clendon), in opening, submitted that nothing in the evidence justified His Worship ,in binding defendants over to keep the peace. _ Before men could be so bound over, it had to bo shown to the satisfaction of the Court that they had committed an offensive act for the purpose of annoyance and provocation, and that the act was likely to bo repeated. There had been 110 attempt at violence on the part of the strikers. They had done nothing beyond the- following about of the man Sheard. » .. Wonderful Self-Control. His Worship remarked that if such following up of men was to bo allowed to go on indefinitely, it was bound to lead to trouble. To his way of thinking it was marvellous that the peace had been, preserved so long, It was a pieco of good luck that there had been no trouble so far, and that there had not was apparently duo to the wonderful self-control shown by the persons, followed. " Why." asked His Worship, " had the strikers" followed the men?" Mr. Clendon suggested that the object of the strikers was simply to mark tho men they followed. His Worship said it appeared to him that such tact,ics wero calculated to lead to a breach of the peace. • Two Defsndants in the Box. The first witness for the defence , was John Gaynor, one of tho defendants, who said ho did not take part in the demonstration against. Sheard on September 4. Cross-examined by Mr. Mays, witness said lie saw .no reason why the three constables should have committed perjury by . saying that he was. among those who had followed Sheard on that occasion. He was at Waikino during the afternoon seeing a friend. It was only natural that if anti-federation. workers were coming into the district the. strikers should try and persuade them not to do so, and to go over on to tho side of the strikers. lie had.llo intention of using violence towards the drivers or others.

William Lenncn (miner) came next and denied having taken part in or even having seen the demonstration. He was in Waikino on tho afternoon of September 4. Cross-examined by Mr. Mays, witness said lie went down to Waikino to Bee tho free labourers, and if possible to have a word with them quietly, in the hope of converting them to the organisation to which ho belonged. Both Constables Williamson and Jackson had made a mistake in stating that lie was in Waihi that afternoon. Witness was among the strikers who had followed a man named Stone at WaikuiC' on August 30. Ho 'wanted to have a word with one or two of the young fellows who were free labourers there. .

• W. McLennan, 'rice-preaidenb of the Miners' Union and chairman of the Strike Committee, said that both Gaynor and Lennon were at Wuikino on. the afternoon of the day of tho Sheard incident. Cross-examined by Mr. Mays, witness said ho saw nothing' wrong in following up and had not endeavoured to prevent it. The Court then adjourned until nine o'clock on Thursday morning.