RESIDENT MAGISTRATES' COURTS.

Timaru Herald, Volume XXXIX, Issue 2818, 4 October 1883, Page 7

RESIDENT MAGISTRATES' COURTS.

TlMABU— Fbiuay, Sets. 21st. (Before J. BeewicV, Esq., 8.M., BWooltcombe, T. "W. Holi, E. (J. Stericker, and W. 0. Beswiok, Esqs J.P.s) THE SALVATION ARHT. Eeubon Smith waa charged under subsection 26 of clause 4 of the Canterbury Police Ordinance 1858, with obstructing tho Main North Road, on the 15lh instant, by causing a crowd to collect. Clause 4 sets forth that anyone committing any of the offeneos named m the sub-sections, shall forfeit and pay a sum not loss than 10s, nor exceeding JES, and eub-seotioH 26 ruus : — 11 Every person who Bhall commit any breach of the peace, or behavo bimtelf so us to provoko a breach of the peace, or whereby the passage along a street may be obstructed by causing a crowd to collect, &c." A second information was luid against the defendant, under clauso 4 of the Vagrant Act 1869, ohsrging him with that ho oh tbo same date, " did unlawfully behavo himself m the public street, whereby a breach of tho peaci» might have been occasioned." Inspector Broham conducted the prosecution and Mr White appeared for the defendant, who pleaded not guilty. Inspector Brohara entered the witness-box and gave the following evidence : — I was m tho main streot last Saturday ovening a little before seven o'clock, and saw a procossion of Salvationists leave thoir barracks and proceed m the direction of the Ship Hotel. They had a band with them, and they were singing at the top of their voices and wavitjg handkerchiefs. A few minutes afterwards I saw them return and go up the street m the direction of Shepherd's corner, the band atill playing j they were etill singing very loudly and waving their handkerchiefs, and making considerably more noise than before. They then came back to tho barracks m the same style, cheering and shouting m a very disorderly way. There were between 60 and 70 of them m the procession, and between the procession and Ihe crowd accompanying them the thoroughfare was completely obstructed. It would have been quite unsafe to drive a vehicle of any kind down the street at the time. Defendant is leader of tho Salvationists m Timaru, and I saw him at the head of the procession. That sort of thing goes on m the street every evening, and three times every Sunday. Mr White objeoted that statements about what took place at other times than that mentioned m the information should not be made.

Witness (to the Bench): There was a good deal of disorderly noise on the part of the Salvationists, and on the part of those m tbe street as well, but there was no pushing about or anything of that sort. Crois-examiaed by Mr White : I could not say positively whether the Salvationists were marching only tbrea p.oreast or not. I did not notice that, nor that they were marching with linked arms. They seemed to march by far too looeely to be only three abreast or with linked arms. The street was quite obstructed. They were marohing m the centre of it. I saw the " Progressive " Army. If only the Salvation Army had been m tbo street, leaving the crowd out of account, there would have been room for traffio, but vehicles would have had to go into tbe channels.

Thos. McOoll, coachman to Mr Moody, said be was driving a pair of horses m Timaru on the evening of tho 15th, and seeing the Salvationists coming towards him he drove into one of the side streets until the procession passed. He was afraid of their frightening one of bis hortos, with the band playing and BUoh a crowd of people round them.

To Mr White : The horse he spoke of was naturally shy of trains and so on. It was the music rather than the crowd that be was afraid of.

Sergeant Cullen stated : I was m the main street on Saturday evening, a few minuto» past seven. I was following the " Progressive " army, and we met tho Salvation Army opposite Wilkin and Co.'b. Directly the Progressive Army got abreast of them, the Salvationists started groaning and hooting j they set up a great groaning, cheering and shouting, and behaved m a disorderly manner, and their conduct was taken up by the opposition sido. I followed the Progressive Array to the Clarendon, and returned with them. At the Union Bank we met the Salvation Army returning from Bhepberd'» corner, and just going into their barracks. They started hooting and groaning again, waving their handkerobiefs and/ crying "Hallelujah!" There was great disorder on both sides just then. No one could have passed safely through with horses. The footpath was also blocked with people following the two parties. This sort of thing goes on nearly every night, and thrne times on s> Sunday. Mr White : What takes place on Sundays or on other nights has nothing to do with this charge. Witness, to Mr White : I was not marching with the " Skeletons " ; I was only following them. My sympathies are not rather with them than with the Salvationists. There was no accident that evening, but there was ono the day before. Ido not think I have seen a bigger crowd m the streets of Timaru. lam sure I never saw such a disorderly crowd before. I cannot say how many abreast the Salvationists were marching. I was more intent on watching the other party, as I expected any disorder that might arise would come from them. The Salvationists were more than three abreast. They had what I may call a " supernumerary" rank, men who marched loosely on each Bide, non-commissioned officers I presume these were. This is a general feature of their processions. I did not count the processionists. I took more notice of their manner of marching than of their number. I took notice of their noises, because I thought it would set off the others. I did not expect the others to keep quiet simply because I was following them, but kept my eye on them so that I could prosecute any of them that did make a row. It was light enough at the time, all the shops were lit up, and the two parties met between Wilkin and Oo.'s and Mr Ormsby'*, opposite a row of shops. I should lay there was nearly 100 m the body of the Army, with nearly 200 following them ; there were 7 of the Progressive Army, and about 100 following them s altogether, big and little, there would be about 400. Notwithstanding there was such a crowd, he was sure the cheering and groaning was started by the Salvationist*. Constable Sheehan saw the procession, and defendant at the head of it. To tho Bench : They wore making a noise, singing and crying out and waving their hands and handkerchiefs. I heard groaning and hooting, but could not say who did it j I was not near them. Inspector Broham said he might call other witnesses, but they oould only swear to tho same facts. His Worship eaid he supposed Mr White did not deny the niarohing and tho hooting, and any further evidence might be confined to showing who started tho booting. Mr White said he did not admit all the facts sworn to, but as to hooting, that was not the oharge at all ; the oharge was obitruoting the street. Inspector Broham called ConstableThoresu, who stated : I saw the Salvation Army return to the barracks. The band was playing, Bnd they were waving their handkerchiefs and shouting at the top of their voices, and as they went into the hall half the procession at least gave a tremendous howl or shout. The Btreot was obstructed for some time, and be saw Mr Moody's man have to turn back. To Mr White : The noise of the band and the shouting and the waving of handkerchiefs frightened the horses. 1 caw the horses become restive, and to save himself the man turned back. The Salvation Army and the crowd following them were the only occupants of the street just then. There was a large crowd independent of the Army.

This concluded the case for the protect!' tion.

Mr White submitted that no offence had been proved by the evidence. The intention of the law, he conceived, was to punish those who obstructed the street by behaving m on unlawful manner. Any person or number of porcons had a perfect right to walk or inarch along a street, with a band if they chose, and do anything that was not m itself unlawful. The evidence showed that the Salvation Army simply roarobed •long the street m procession, with a band

playing. That I hoy had a perfect right to do, as much right as any other body of people of any kind or denomination, — teetotallers tradesmen going to a picnic, Freemason?, Ribbonmen, Oraßgemon, or any other people who were ncouatotned to march m procession. If the marching of anyone of these lswful processions caused a crowd to collect, thai did not make the marohing unlawful. If anyone was to blame ib was those composing the crowd, who were really the obstrnotors of the street. The evidenoe of Inspector Broham nnd of Sergeant Cullen was simply that the Salvation Army were walking m proce6sion,and the Salvation Army had as much right to do that as any other body of people. A high Court of Justice at Home had decided that they had ft perfect right to march with bands playing and colors flying, and that anyone interfering with them ia liable to bo punished for doing so. Mr White then read a case reported m the Laio Reports for August, 1882. This was a case on appeal from the decision of the Justices at Wcaton-super-Mare, Somersetshire, and the report showed that the processions of the Salvation Army thero had been attended with a considerable amount of disturbance and fighting, an opposition army being orgnnised, and stone-throwing and free-fights being common, mobs of 2000 being sometimes oollected and taking part m the disturbances. An information was laid beforo certain Justices, and on order was issued forbidding tbo Salvation Army to assemble or march m streeta. No notice was taken of the order, and consoquently the lender of the next procession was arrosted, and also two or three others who successively assumed command of the pro-

His Worship interrupted to ask what bearing that case could have upon the protent one, this being under a special Statute, while the English case wai under common law. Here the charge was bohaving m such a way as to obßtruct the street by causing a crowd to collect ; m tho other case the people were charged with disturbing the publio peace. A few minutes were spent m discussing the applicability of the cneo, during which His Worship said he thought tho olause, if striclly applied, would stop all bands or processions if they caused crowds to collect, m the streets. Mr White added that it would also make a man liable to punishment if ho caused a crowd to collect by falling down m a fit m the street. That was carrying the argument to absurdity, and showed the absurdity of the interpretation that was tried to be placed on the clause. The Police Ordinance wat not the law of the land, it was ouly a rmmioipal law, and if it conflicted with the law of the land it must giro way.

Mr White read the decisions of the Judges t9 whom the appeal m the Weston-super-Mare case was made. Both decided that marching m procession is lawful, and that was all the Salvation Army did, and as to tho consequences, one of them' said, "The finding of the Justices comes to this : That a man may be indioted for a lawful act, if ho knows that his doing it will caußO another to do an unlawful act. There is no authority for suoh a decision." The appeal was allowed against the Justices. Mr White contended that the clause under which this information was laid was intended to apply to cases only m which a person or persons caused obitruction by acts unlawful m themselves. Their marching was not unlawful, and they did not causo the crowd to collect. The crowd collected of their own accord, and if the crowd caused an obstruction, it was these who formed it that should be proceeded against rather than the Army peaceably walking along the street. The following witnesses were called for the defence : —

David Fyfe, farmer, Wai-iti, stated : I was m Timaru on Saturday night. I do not belong to the Salvation Army, and did not march with them, but I followed them from the barracks to near Mr Hamersloj's office. I stopped there, and the Army went on to the Ship, and returned. The " Skeleton" Army then came up the other way and met them. The Salvation Army marched on the left hand side of the street, ns close to the channel as possible, both going from and returning to the barracks. They walked four abreast, and never stopped at all j and as they did not go far, they were not long m the street, altogether, about ten minuteß or co. I was about between the two parties when they met. There was a good deal of shouting and hooting. That came from the " Skeletons." They began it as soon as they came m Bight of the Salvation Army, or as coon as they got abreast. The Salvation Army had the band playing, they went on and took no notice of the others. I saw them go into the barracks. I was close to the entrance and I heard no shouting, except one man shouted " Hallelujah." I saw no waving of handkerchiefs either. David Bonnet, carpenter, stated : I was m the procession of the Salvation Army. We went from the barracks to the Ship Hotel, and then up to Bhepherd'e corner, round by the QueenV, baok to the barracks. We kept the left-hand side of the streets all the way and kept moving all the time. I heard some howling and shouting, but it did not come from the Salvation Army. We were singiog a hymn at the time. Cross-examined by Inspector Broham : There was no flag out that night.

To the Bench : When we were going down the hill to enter the barracks a few of us waved our handkerchiefs while singing a hymn. There was no shouting from our leaving the barraoks to going back again. J. T. Schofield, quarryman, who was m the procession, gave similar evidence. There wai some hooting and shouting while they were out, but it oame from the " Skeleton Army." W. Foster,! laborer, who was also m the procession, stated the procession kept the left-hand side of the street. He did not hear any shouting or hooting at all. They were singing a hymn when they met the Progressives, and he was too much interested m the hymn to notice, anything else. To the Bench t Did not remember wbat hymn it was, they sang so many. They were not particular to a hymn. Did not see any handkerohiefs waved.

Reuben Smith, the defendant, stated : On Saturday evening I was leading or m charge of the Salvation party. We left the barracks and marohed on the left-hand side of the road as far as the Ship Hotel and turned round then. We marohed on the left-hand side of the street a little way past the barracks, and then turned and went into the barracks. There was noUhe slightest hooting or howling from our party. It is against our orders. We had no flag i it is against our orders to carry a flag at night. We are striotly charged to keep within the limits of tho law, and if we are allowed to speak anywhere m the open air we are striotly charged not to speak against any other denomination or publicans, or to say anything likely to cause any disturbance whatever. We walk three abreast m the street, but I have three sergeants that walk on each side of the procession to keep order, and if anything goos wrong it is their place to come and tell me and I have to put it right. We marohed three abreast, with arms linked.

By Inspector Broham : There were no handkerohiefs waved j we do not wave them at night. It would bo no use, as they could not be seen. There were none waved that I saw. We do not cheer ;we are not allowed to do it.

This concluded the defence, and tho Bench retired for a few minutes to consult.

On returning, Mr Beswick said the Bench had considered all the points of tho case, and had come to the conclusion from the ovidence that the defendant had caused the street to be obstructed by a crowd, by not going as an ordinary procession, by waving handkerchiefs and hooting, and otherwise conducting his party m such a manner as to amount to an illegal act. The Benoh had determined to inflict a penalty of 10a. They would inorease the amount if Mr White wished it, m order that he might appeal on the point of law. Personally be would like to see an appeal made, to teßt the meaning of the Ordinance. Mr White said the amount did not signify, an appeal could be made to the Supreme Court on a shilling. His Worship, addressing the defendant, said : Tou are fined 10s and costs. Mr White gave formal notice of appeal. His Worship, addressing tho defendant, said : We do not wish that tho ordinary proceedings of your prooessions should be interfered with, but there must be some limit to the conduct of these processions. You have a right to pass along the streets with band and banners, but it will be well to bear m

mind that wbilo jou may consider you nre doing everything that is correct and proper, jou may bo causing annoyance to n great number of persons m the town. I think I ■night OBk you to exercise some discretion, nnd endeavor not to raise a feeling of opposition against you. The Bonch m this caso inflict a penalty becnuso they have to administer the law as they find it. In»peelor Broham : Does your Worehip particularly refer to tho playing of the band and singing m the streets? His Worship : Ido not think there is anything to prevent their band playing, and their tinging m tho streets within reasonable bounds. Inspector Broham then withdrew tho second information. THS " SKELETON " ASHY. Albert Mazengnrb, Henry Jones, James Darey, Daniol Davey, Bernard Shakey, Benjamin Goodman (who failed to appear), and Hobert G. Warns, were charged with obstructing a street, the information being m the same terms as the one heard against Smith. Inspector Broham said the evidenco would be just tho samo as m the previous case, nnd Mr Ilomereloy, who appeared for all tho defendants, said the evidence for thn defenuo would be much I he iwino as m the other case, but reversed, — that, it waa the Salvation Army that made all the noise, and as the samo point of law would he raised, the Bench m deciding tho last case practically decided this. A conviction was thorcforo entered by consent, ono of tho aocusod being fined 10s, and ccsts ID*. His Worship nuked who would accept the position of loader and bo finod, when a member of the audience jumped up and said " I wns not summoned, but I will take the position and bo responsible if you like." This very generous offer was token no notice of, and the yoluntoor martyr retirod discomfited.