RIOTERS PUNISHED

New Zealand Herald, Volume LXIX, Issue 21254, 6 August 1932, Page 10

RIOTERS PUNISHED

SENTENCE ON EDWARDS TWO YEARS' IMPRISONMENT . ' " PRINCIPALLY RESPONSIBLE " LAST CASES DEALT WITH I 1 Tho final act of tho law in meting out punishment to those concerned in tho rioting in tho city on April 14 last took 1 plaeo in tho Supreme Court yesterday j afternoon, when sentence was pronounced on five men who had been found guilty of having been implicated in the disturbance. About four of theso a jury disagreed when they were tried last May, I and the other, James Henry Edwards, , was not arrested until after that session had concluded. Yesterday, Mr. Justice Herdman sen- . tenccd Edwards to two years' imprisonment with hard labour; Oswald Botir- ' beau, William John Budd (known as George Budd) and John William McCorkindale, each to one year and nine months' imprisonment with hard labour; and Albert William Searles, to 12 months' imprisonment. also with hard labour. As a direct outcomo of the riot, in 1 addition to a large number who received I sontenco in the Police Court for minor I offences, 15 men have stood their trial in tho Supremo Court. Of these six roceived the maximum sentence of two r years' imprisonment for taking part in a riot, three one year and nine months, thrco ono year, one two months, and two were acquitted. The Maximum Penalty l)n behalf of James Henry Edwards, aged 40, canvasser, found guilty of taking part in a riot, his counsel said it ' might bo taken into consideration that Edwards had been severely injured on tho night ot tho riot. He had lodged an appeal against Edwards' conviction in the 1 lower Court on a charge of inciting to lawlessness. Ho now proposed to withdraw that appeal and let the sentence of three months' imprisonment stand, but ho would ask His Honor to make anv sentence he now thought fit to impose concurrent with this prior sentence. "In my opinion tho verdict of the jury was perfectly right," said His Honor, addressing prisoner. "Possessing a high sense of public duty they could not do otherwise than they did. I regard you as being principally responsible for the lamentable display of tumult and lawlessness which startled tho citizens of Auckland on the night of April 14, so for your misconduct you will have to suffer the maximum punishment which the law permits. Your record shows that you have been systematically activo in the spread of disaffection, and I have no doubt at all that tho determination to invade the Town Hall and attack the police, if not designed by you, had your cordial approval and encouragement. Sheeting Home Responsibility "It is fortunate for you that no lives were lost. Had that happened you would have been standing trial for something more serious ih.'ni riot. As it is, you and those associated with you must accept responsibility for inflicting injuries upon polico officers from which they may never wholly recover, for the destruction of thousands of pounds' worth of property and for bringing the name of a conn try of which wo are proud into disrepute. "I shall say no more except this, that I hope that tho punishment that I am inflicting upon you and other law breakers will make men like you understand how disastrous and futile conduct such as yours is, and that when it is indulged in, tho law, moving swiftly and inexorj ably, punishes the law breakers with a heavy hand!" His Honor referred to previous convictions of Edwards for breach of bail, for theft, for encouraging disorder and for some minor offences. Ho would accede to counsel's request and would make tho Bentenco concurrent with any Edwards might bo now serving. Edwards would be sentenced to imprisonment with hard labour for two years, that being tho limit authorised by the statute. FOUR OTHER RIOTERS COMMENTS BY HIS HONOR THEIR PREVIOUS RECORDS Having been found guilty of taking part in the riot of April 14, William John Budd, aged 35, England, seaman, Oswald Bourbeau, aged 51, Canada, waterside worker, William McCorkindale, aged 37, New Zealand, miner, and Albert William Searles, aged 26, England, seaman, appeared together for sentence. Counsel for Bourbeau, Budd and McCorkindalo said that on April 22 Bourbeau was convicted and sentenced to three months' imprisonment for assaulting Constable Johnston. Bourbeau had served this sentence and a charge of inciting to lawlessness at tho same time had' been dismissed. The facts on which he had now been convicted for taking part in a riot were exactly tho same. McCorkindale was in tho samo position, as far as previous offences were concerned. Budd's part in tho riot seemed to liavo been a very minor one. Counsel for Searles said ho was well known to Father Martindale, the author, who had sont two cablegrams from London expressing regard for him as a man of tho highest character. Dr. Buxton also considered him a man of excellent character. His Honor said that in assessing punishment ho proposed to take into consideration the fact that three of tho prisoners had been convicted in tho Police Court of other offences arising out of tho riot. Budd would bo sentenced to ono year and nino months' imprisonment, to commence at the end of the term of six months which His Honor had just imposed on him for defamatory libel. McCorkindale appeared to bo n confirmed criminal, said His Honor. In 1909 he started his criminal career when ho was convicted of wilful damage. There ! were other convictions for escaping from Btinihnm, theft, breaking and entering, assault, obscene language, mischief, wilful damage, theft, assaulting and obstructing tho police. He would be sentenced to one year and nino months' imprisonment with hard labour. Bourbeau had been convicted of selling a book encouraging violence and lawlessness. This year he had been convicted of assault. Tho polico stated ho was perpetually agitating and had said at a Quay Street meeting, "Don't starve. There is plenty in the shops and warehouses. Organise and go and take it." The police said ho had been a Communist for the last ten years and was ono of tho worst agitators in Auckland at the present time. He would bo sentenced to one year and nino months' imprisonment with hard labour. Searles had been ably defended and it seemed there was nothing on record against him. "You are sentenced to 12 months' hard labour, and 1 am giving you that light sentence solely because there is nothing previously against you," said His Honor.