ELDERLY MAN IN COURT

Southland Times, Issue 24153, 15 June 1940, Page 9

ELDERLY MAN IN COURT

ALLEGED SUBVERSIVE STATEMENTS

CHARGE DISMISSED BY MAGISTRATE (United Press Association) WELLINGTON, June 14. A public meeting held in the Trades Hall, Wellington, on the night of Sunday, May 19, to protest against the imprisonment of Ormond Edward Burton and Halford Graham Lyttle led to the appearance before Mr J. Goulding, S.M., in the Magistrate’s Court at Wellington today of Walker George Bishop, charged undex - the Public Safety Emergency Regulations 1940 with making a subversive statement, namely, a speech in the Trades Hall. Bishop pleaded not guilty and after'hearing the evidence the Magistrate reserved his decision.

Petex- Wilfred George McAi’a and Douglas Murdoch Martin, similarly charged, also pleaded not guilty and elected to be tried by a jury. They were remanded to appear again on June 19.

The Magistrate delivered his reserved judgment later in the day and dismissed the charge against Bishop. Evidence was given by Detectives L. A. Smith and G. C. Urquhart, who attended the meeting accompanied by a qualified shorthand writer. A verbatim report of the speeches made was produced. Both Burton and Lyttle had been imprisoned fox - obstructing the police and on an appeal to the Supreme Court the convictions were upheld, said the Magistrate in a written judgment. The question now before the Court was whether Bishop made a speech which came within the term “subversive statement” as defined by the regulations. The chairman of the meeting, said the Magistrate, said: “The purpose of this meeting is two-fold tonight. Mainly our purpose in calling the meeting was to protest against the imprisonment of the Rev. Burton and Hal Lyttle for the expression of their opinions and their convictions on a framed-up charge. The second thing we intend to do—this was not advertised because the situation has changed actually since the advertisement and the circulars were framed—is to draw attention to the increasing danger of the introduction of conscription into this country, and the need for organizing against it.”

SERVICE IN GREAT WAR So it became apparent at the outset that the meeting was to discuss questions of organizing against conscription, said the Magistrate. The defendant was the second speaker. In the last wax' he served as an officer in the New Zealand Rifle Brigade and attained a field rank. He held responsible posts and was finally officer commanding a troopship on his return to New Zealand after the war. He had since held public positions in New Zealand and though 67 years of age he had offered himself for home service soon after tlxe outbreak of the present war. “I am satisfied from his evidence and his record that he is neither a pacifist (except insofar as all ordinary, intelligent persons desire peace) nor disloyal. While I think that considering the chairman’s remarks which preceded it, the defendant’s speech was injudicious and unfortunate in some respects, I do not think it contains matter which fairly comes within the definition of a subversive statement in the regulations.

It was suggested by the Crown, the Magistrate said, tlxat some of Bishop’s statements would be intended or likely to interfere with recruiting, but considering his past war record and his present offer of service the Magistrate though Bishop had no intention whatever in any statement he made to interfere wtih recruiting. “The witnesses, including the detectives, agree that Bishop’s utterances were not inflammatory and were mild in comparison with those of other speakers at the meeting.

I do not think the regulations are aimed at this type of statement, although the circumstances in which it was made, as I have indicated, made some of the expressions unfortunate. The Court is glad to have the defendant’s assurance that he will refrain from anything that can be regarded as subversive. That assurance is in accord with his previous military and civil record and no doubt the present proceedings have brought home to him the need for proper caution in speech and action in the trying and difficult days through which the nation is passing. The information is dismissed.”