TIMARU RIOTS.

New Zealand Mail, Issue 421, 6 March 1880, Page 17

TIMARU RIOTS.

(UNITED PRESS ASSOCIATION.) Timaru, March 2,2 p.m

Thomas O’Driscoll, hotel-keeper, and eight others, appeared before Judge Ward this morning charged with rioting on Boxing Day. Mr. Stout appeared for the defence. There ate twelve witnesses for the Crown and eight for the defence. The Court is crowded, and the case is expected to last all day. The Inspector of Police and Resident Magistrate had been examined when the Court adjourned at one. Nothing important has been added to the previous evidence. The Inspector produced a letter addressed by O’Driscoll to one of the Waimate rioters, and stated that before the encounter between the mob and the Orangemen he asked O’Driscoll to use his influence to prevent a disturbance, but O Driscoll refused. The Magistrate said he addressed himself to Moynahan whom he knew, but his words were unheeded. Tne crowd was shrieking and yelling An OraDgeman had his scarf torn off, and two Orangemen had drawn their swords, when he read the Act. He feared there would be bloodshed, and he heard a yell of “ Tear off their sashes ” repeatedly. The Inspector of Police was severely cross-examined as to why he did not interfere with the Orangemen .when he saw them carrying swords ; and it is evident the defence will make a point of the procession being armed as a justification of what subsequently occurred. Judge Ward elicited from the Inspector that a large procession, wearing green sashes, had previously marched through Timaru under Father Henneberry. Mr. Stout urged that this was irrelevant, but his Honor differed. 4 p.m.

Mr. Beetham, R.M., Timaru, give the following important evidence, which, of course, was not given in the R.M. Court :—“ I saw a procession of Orangemen beiDg formed, and at the same time a crowd of men came up from the railway station and placed themselves in

Barnard-street, facing the Fort-steis’ Hall. Mr. Pender, Inpector of Police, was there at that time on horseback. The crowd immediately began to shout to the < irangeinen to take off their colors, and they seemed to become more excited every moment. I Baw one man, Monyahan, whom I knew, and I asked him what they wanted, and what they were going to do. He said they would not allow the Orangemen to march, “Let them take off their colors.” I said, they are not breaking the law by parading them. I pointed out that there were women and children about, and [requested the crowd to go away—at that time the men were very excited ; they were yelling, screech ng, and screaming, and altogether very noisy, I addressed one or two other parties in the crowd, hut I could not succeed in calliug their attention. The excitement then grew worse, and then there was a sudden ru h round in the direction of the new post office, and 1 got out of the crush as well as I could, and went to where Mr. Pender was with the police. Alter this rush round took place, there were several rushes forward, and I saw men being hnst'ed. There was a general mixing up, and I spoke to one or two of the Orangemen, and recommended them to give up their iateritiou to march, but the Orangemen represented to me that they were not breaking the law, and that they ought to be protected. I told one of them I knew that. But the crowd were too many for us, and too excited, and we were unable to deal with them. The police were then endeavoring to keep the crowd back from the Orangemen, but the crowd kept breaking through in small mobs. There were numerous cries of “ Tear off their colors, tear off their colors.” I cannot say who made use of the expression, but I heard it many times. In consequence of what Mr. Pender said to me I read the Riot Act. I thought it was high time for reading the Act, as I was in terror lest blood should be shed. That was my reison. I expected it every minute. I only observed Moynahan and Towers. I heard Towers shrieking, and saw him jumping up, and yelling “Tear their colors off.” I had seen Moynahan before. He was the only oue I knew. Afrer the rush T observed some of the Orangemen hustled. I saw one Orangnm m, and a crowd round him. There were hands on the Orangeman’s shoulder, and shortly afterwards, when I looked again, his sash was off, lying at his feet. This was before I read the Riot Act.

At 5.30 p.m. the Court was adjourned till to-morrow.

March 3.

The trial of the rioters was resumed at 10 o’clock. The jury retired at 12. Mr. Stout delivered an address fo • the defence of an hour’s duration. His chief argument was that although there had been a disturb nee no terror had been excited such as to constitute a riot, and he appealed to the jury a-« Protestants, seeing that the Catholics had been carefully challenged and excluded from the jury, to deal generously, and to acquit the accused, whose conduct, he considered, was excusable, seeing bow their religious feelings were outraged by an offensive demonstration. Judge Ward began his summing up by a melodramatic and affecting allusion to the way in which the bones of Catholics m ngled with those of Protestants, and the desirability of the same harmony prevailing in life. At one o’clock no verdict had been returned.

Henry Chamberlain, charged with stealing a watch, was acquitted, as theie was no direct evidence of theft beyond possession, and the watch had been lost over two years ago. 8.30 p.m.

The jury have returned a verdict of guilty against all the rioters except O’Keefe, Kelly, and Watson, but recommended the rest to mercy. Their counsel, Mr. Stout, has moved for a new trial on the grounds of misdirecting, and the point will be argued to-morrow.