HIS LOST CHANCE

New Zealand Times, Volume LII, Issue 12181, 4 July 1925, Page 4

HIS LOST CHANCE

NOEL LYONS SENTENCED TO NINE MONTHS’ IMPRISONMENT

REFUSES TO LEAVE DOMINION TERMS HIMSELF A “MARTYR” FOR HIS “CAUSE” Noel Lyons was yesterday s entenced to nine months' imprisonment with hard labour b y Mr C. R. Orr-Walker, S.M., for failing to obey the writ issued b y the Attorney-General requiring him to leave the country wi thin 28 days after May 26th, the date on which the order was is sued. In the Court the Magistrate gave him another chance to reconsider his decision but he preferred to term himself as a martyr for his “Cause."

The Court was densely crowded when the case was called, and after the charge was read, Lyons pleaded guilty to not complying with the order. “I trust,” he said, “that the prosecution will allow me to say why I have not complied with the order.” The Crown Prosecutor, Mr P. S. K. Maeassey, said that under the Act the defendant was liable to a sentence of twelve months’ imprisonment or a fine of £IOO. The accused was a native of Melbourne, and in April last signed on the Manuka there as a trimmer. The ship proceeded from Melbourne to the Bluff, and at the latter port a large quantity of I.W.W. literature was found in his possession. The town of Bluff had been placarded with this literature. When the ship had been two days out from Melbourne, representations w%re made to the captain to have the menu altered, and when the request for such things as ham and eggs was refused, the go-slow policy of the crew reduced the speed of the ship from thirteen knots to six. In order that the ship might keep its schedule, the request had to be complied with. When the boat reached Wellington on May 19th, the crew Were signed off, and when they were re-engaged Lyons was excluded. Then it was alleged Lyons endeavoured to persuade the men of the Moeraki to hold that vessel up Until they also obtained the menu that had been in vogue during the voyage of the Manuka. Lyons promised to leave by the Moeraki, and he went on hoard and harangued the men, in the presence of two detectives, to take the same action as was carried out on the Manuka. The men said that they preferred to accept the advice of Mr Young, and Lyons replied that Mr Young was all right—he earned £8 a week, and did not have to go into the stokehold.

ATTORNEY-GENERAL STEPS IN. The matter was then put in the hands of the Attorney-General, and on May 26th r. i order was signed directing Lyins to leave the country. He had the right of a free passage from the Union Company, and in addition the Government had offered a secondclass passage to Sydney and a secondclass train ticket from there to Melbourne. The war regulations were read to him, but he said that lie was not inclined to do anything as the Labour Party and the waterside workers had taken up his case. “This man,” concluded Mr Macassey, “is not a New Zealander. He is an agitator of the worst type, who has openly flouted the law. A fine is out of the question, and I have no hesitation in asking for the full term of imprisonment.” The defendant: I thought that when I pleaded the case had nothing to do with the Manuka. When I went with Mr Fraser. Mr Monteith, and others to see Sir Francis Bell he did not say he was going to do anything with re gard to the Manuka trouble. I plead

guilty to the one charge of not leaving the country. Mr Maeassey: That is what we are asking the sentence to be imposed for. It is because you have flouted the law. The magistrate: I am not concerned why this order was issued as that is not within my jurisdiction. I take it that there was good cause for it, and it is now my duty to hear the charge laid against you. Are you prepared to comply with the order ? REFUSES AN OFFER The defendant: No, I am not prepared to comply with the order. The magistrate: After mature consideration ? Lyons: Yes. I have three reasons. One is that I have got a job in Wellington, and I am satisfied to work here. The second is that I am a British subject, and fought for democracy, and I do not see why I should be bundled out of the country. (Applause from the crowd at the back of the court.) Mr Orr-Walker, S.M.: If the police can pick out any man doing that I will deal with him promptly. This is not a show, it is a court of law. „ A couple of xioliceanen went to the back of the court, but after that there was silence. Lyons: The third reason is most important. I am a member of the working class, and I do not think it is right that the law of the country should he applied to any member of the working class who happens to he unfortunate to have to come into this country with his hat on, so to speak. For that reason I am not going to deport myself from the country. “A BIT OF A MARTYR.” I may he a bit of a martyr, but I am going to show the working men what this law means in the hope that it might be wiped off the statute book. His Worship: lam carrying out the law, and I oan’t consider these three reasons as an excuse for refusing to comply with the order which is legally and lawfully made. I thought that when I gave you the opportunity you would have gone, but you have evidently made up your mind to flout the law. You have one appeal, and that is to the Legislature; The only person who can revoke the order is the At-torney-General. I must assume that the order is a proper one—and I do not doubt for one moment that it is not—and I have to stand by it. I regret that you have not accepted the opportunity given you, but I am still prepared' to give you another chance? Do you want to consider it?Lyons: I have considered it for some time. I think it would only be drawing the matter over. Mr Orr-Walker, S.M.: I understand facilities have been given you to leave? Mr Maeassey: That is so. The magistrate: Very good; you will be convicted, and sentenced to nine months’ imprisonment with hard labour.