A DUNEDIN DISTURBANCE

NZ Truth, Issue 754, 29 November 1919, Page 8

A DUNEDIN DISTURBANCE

"DIGGERS" TO THE RESCUE

four Men Gaoled Without the Option ef a fine

Magistrate Bartholomew on Mob Methods

(From "Truth's" Dunedin Rep.)

Five men and one woman were brought before Mr. J. R. Bartholomew, S.M., at the Dunedin S.M'a Court on Friday of last week, m connection with the serious riot that took place recently In the city's most important thoroughfares.

The accused and the charges laid against them were as follows; James Main, obstructing Constable Porter: Robert Edward Wilkinson, assaulting Sub-Inspector Mathieson, and using obscene language; William Kelly, drunk and disorderly, resisting the constable, and using threatening behavior; Arthur Stanley Evans, assaulting the sub -inspector, damaging bis suit of clothes (valued at £12 12s), fthd one umbrella (valued at 30s), and obstructing the constable; Mark Herbert Davis, wilfully damaging a motor car (damage £9 12s 6 d), obstructing and using indecent language; Agnes Brbugh, inciting William Kelly to resist/. .

Main and Kelly were represented by Lawyer Irwin; Evans by Lawyer Hanlon; Davis by Lawyers HanJon and Neill; Wilkinson by La/wyer Moore, and Mrs. Brough by Lawyer Cooke. ALL PLEADED GUILTY on the advice of their lawyers. SubInspector Mathleson withdrew the charge of threatening behavior against Kelly, and th« charge fit obstructing -against Davis. The facts of the cases are, as outlined by the sub-Inspector: ,

Sub-Inspector Mathieson, m the course Of bis statement, remarked that about C p.m. oo Saturday, November 15, he was In Maoclagan-street, and observed a. crowd. He noticed Kelly being ejected from the Gladstone Hotel by an employee of the hotel. Kelly had his coat off and was striking the employee. Some companions took Kelly away; his nose was bleeding, and toe : was drunk. The sub- inspector moved quickly into Princes-street, and met Constable Porter, whom he took back to Macclagran-Btreet, where they met ■KsUy and his friends. The constable was then directed to arrest Kelly for disorderly conduct while drunk. Kelly was, reluctant to go, and the crowd J dosed In, Kelly thereupon resisting violently. One handcuff was placefl on his wrist, but the crowd prevented them securing the other wrist. A man struck the constable. With difficulty Kelly was moved to the taxi stand, he continued shouting out; "I am a four mid a-half years' service man; is this ■'. what you let them do to me?" With difficulty they got the man into, the taxi, and when the driver appeared ,he was threatened by the crowd. Evans jumped on the step of the car, and used his fist on the sub- inspector's body, and struck him once on the lip. He then caught him by the collar of ,the coat and tore the garment, also emashir.g his umbrella. .Evans next moved to the back of tho car and hit Constable Porter a blow on x the top of his head- gear, completely envelop- ; f/ig the constable's "dial" well up m • his hat. Evans was apparently sober. Davis addressed bad language to the sub -inspector,, and endeavored to

,. -puncture the tyre, or remove some portion of the back wheel of the car. The driver was unable to start the car, and considered it as much as hiß life was worth 1 to try to proceed. Davis Was also wearing a returned soldiers' badge. The police got no assistance v\ Whatever from the crowd, although there were some : . CIVILIANS HOLDING HIGH POSITIONS

m the town standing by. They saw 'overything that .went on. They valued their skins more than assisting the police. There were fully 50 or 100 busily engaged assaulting, impeding, or molesting the police out of. a crowd of 2000. people.

The sub-inspector then entered into details concerning each of the accused: ff Wilkinson acted m a very cowardly and contemptible way. Before assaulting me he pushed someone forward with a view of getting hi a blow jwithout being observed. But 1 threw the person who was pushed back intc the crowd, and Wilkinson then rushed forward and 'struck me a deliberate blow on the point of the jaw. He then moved off and was heard to say m a loud tone by a young woman: "The ___ has got what he was looking for." Now, this man had a motive for his violence; he was., before this court on a charge of maintenance

some months back, and probably thought Ji, In the course of my duty as prosecutor, gave him a rough spin. He was living with a woman who was also before the court, for receiving stolon property, and she had received a rather rough handling m court; his conduct during the riot had apparently malice behind it. Evans's conduct waa more like a maniac than a sane person, he climbed on the step of the car and struck me about the body, pulled the flowers from my coat, flung them back m my face, and then went round the back of the car and violently struck the constable on the top of the hat, knocking it down over his face. The constable has suffered from headache since and sleeplessness. In tearing my coat he

USED CONSIDERABLE VIOLENCE. Constable Brown first saw Davis at the front of the car, the tyres of which had been cut. When I got out of the car I saw Davis with both hands on the back tyre, and I caught hold of him. Davis has stated that I struck him, and that is probably true. Agnes Brough joined the affair near Wood's Hotel, malting her way into the crowd, calling out, "Don't let them take him; they didn't give my boy a fair chance; my boy waa badly treated by them." She kept up this wail, pressing toward £ne motor car. She was a respectable woman, married, and lived on Signal Hill. I may say this woman should have no grievance against either the court or the police. Her boy wa3 brought up here for accosting females m the North East Valley, and instead of Imprisonment, he was merely fined. That is the unfair treatment she was wailing about.

The S.M.: Yes. 1 recollect the case; it is apparently a thankless task for either the* 'court or the police to be considerate m certain cases.

Lawyer Cook: In the heat of th« moment she completely lost her head. She feels her position very keenly. The S.M.: I dare say It would be unwise to press the equality of the sexes, despite the claims on the question !

Sub-Inspector Mathleson: Apart from the general necessity of preserving order we have an election close at hand, and if conduct of this kind ia to bo permitted we must reinforce the police m the city. I have a personal interest m the case, but I leave it to your Worship to punish accused according to your own dictates. I do not wish to have them punished In any vindictive sense. : The S.M.. Was Davis sobeT? — I was told he was m a condition of drink at 2 p.m., but .he had no sign of liquor at the time of the offence, though, no doubt ha was Buffering from the effects or liquor. Ho 1« & respectable man, and a chemist In the city here. Kelly has had a bad career, lie got a sentence when a lad, but escaped to Sydney from the Burnham Industrial School. He enlisted m Australia and served for over four years at the front. ' Main is a respectable man, and with Davis, has also seen •military service at the front. Main's action was more foolish than malicious.

. The various lawyers spoke at some length on behalf of their clients. It would seem that there had been some drink m question, and the excitement caused by the repeated cries of "Diggers, to the rescue," occasioned most of the circumstarfces.

The S.M. said: I haVe given these cases considerable thought. The offences constituted a grave infraction of the law. The functions and duties of the police were well -known, and on the occasion m question there was no suggestion that they were acting otherwise than properly. Such episodes as this constituted a menace to public welfare, and an attack on the police was an offence against the community itself. A serious duty devolved on the court of adequately protecting the police m the discharge of their duties. But the principles of criminal justice were not vindictive. The prior consideration, however, was public interest, and so far as consistent, the positions of accused would be considered. Punishments were • imposed as a deterrent In the public interest. A good deal of reference has been made to the position of soldiers. The court always , made careful inquiries about them, and considered their condition with tenderness and sympathy, but m the pre-

sent case I fail to see that' their service as soldiers had any bearing whatever on what had happened.

A WANTON AND COWARDLY ATTACK had been made, and the punishment inflicted must have regard to the seriousness of the offence and be ;mch as to act as a deterrent. The majority of the men before t!he court had good characters, but theiT good characters aggravated the offences. Main was fined £5 and expenses £li his case beijig considerably diffierent Srom the others. Wilkinson's case being also different, m that the assault and language showed malice; he was sentenced to three months imprisonment for the assault, and one month for the obscene language, the sentences to be concurrent Evans and Davis got a month each. In addition, Evans has to pay £14 2s for damage, I and Davis £9 12s 6d also foT damage. Kelly, who occasioned the whole disturbance, was fined 40S for drunkenness and disorderly behavior; and for resisting the constable he was sentenced to one month's gaol.

The lady m the case, Mrs. Agnes Brough, who had merely lost her head through the excitement, was fined 40s, with costs 17s, the S.M. considering it would be Just as well not to press the equality of the sex9a, despite the claima on the question.