A DUCKED REPORTER.

Star (Christchurch), Issue 10769, 15 May 1913, Page 1

A DUCKED REPORTER.

TERRITORIALS BEFORE THE COURT. GRAVE ALLEGATIONS BY COUNSEL. OFFICERS ACCUSED OF COMPLICITY. [Fhom Our Correspondent.] DUNEDIN, May 14. A sequel to the ducking of a reporter at the Sutton Territorial Camp was the appearance in the Police Court this morning of James Can- Rigby, Thomas Atkinson Bunbury, Cecil James S. Nicholson, Herbert Thompson and Robert Kirkness, all of whom were charged with on April 19 unlawfully assaulting Charles Macan, a reporter on the staff of the "Otago Daily Times." Mr W. C. Macgregor appeared to prosecute and Mr A. C. Hanlon represented the defendants, who pleaded guilty. , , Mr Macgregor said that, as he was instructed, this was a case m which a brutal and cowardly assault was committed bv these young men, who w"cre Territorials, on a newspaper reporter, at the Sutton Camp. The facts were stated in a newspaper report ot the ; occurrence, which counsel read. J lie report, which appeared in the Utago Daily Times." stated in effect that the reporter was hustled into a creek, and that the cause of the brutal assault was the publication of a disturbance that took place in consequence of the quality of the tea served out to the men. These, said Mr Macgregor, were trie facts surrounding the actual assault, , but. according to his instructions, there was a great deal more behind it. the fact was that this was not a mere act of horseplay on the part of some young I men; it was an assault that was pian--1 ned and instigated by the commissioned officers of the Fourth Regiment. Mr Hanlon submitted that his friend I had no right to go into that. . Mr Macgregor said it was for his 'Worship to sav what punishment should be inflicted. He proposed to show that the defendants were merely the tools of the officers of the Fourth Regiment, and it might be a question of mitigating circumstances or otherwise. Mr Widdowson, S.M.: It might be ■mitigating circumstances. Mr Macgregor: Or aggravating circumstances. That is for your Worship to say. J . . Mr Hanlon said that if what his friend said was true, there were other people who ought to be charged, and (his statement would be relevant as against them. He had no right to say 'what other people did when they were not before the Court. The statement was being made, not for the purpose of mitigating circumstances, but for the purpose of showing that some officers took some part in. the _ matter. It was making a parade of it. '.'.., Mr MacgregorVsaid that his object was to out the full facts before the Court so* thai) his Worship would know what punishraont to inflict. If he satisfied his Worship that these men were simply tools in the hands of Colonel M'Ara, Lieutenant Nisbet, and other officers, who planned it, and. that Rigby, a ringleader, had since received a commission for his part in carrying it out, then the Court would see that there was more in it than an ordinary assault , ,•,,,, Mr. Hanlon: Then they should be hefore the Court." . Mr Macgregor: And, probably, they will be. Mr Hanlon: Then you have taken your proceedings against the wrong people. His Worship said that he could not go into the question of other matters. Mr Macgregor said it was his duty to put all the facts before the Court, so that his Worship could inflict appropriate punishment. If it could be suggested that it was simply a mere freak on the part of the young men, then a small punishment might suffice, but if, as he said it was, a deliberate assault planned by some of the officers, who failed to give protection and who were out of bounds, then he said it was a. serious-offence. Mr Hanlon: Then _ someone else should be punished for it. 'Mr Macgregor said that if these young men were so foolish as to allow themselves to be the tools of some officers, and if the facts showed that the staff of officers, who were out of bounds, allowed it to be done, then it was a' serious matter. His Worship said that, if it was proposed to have other men before the Court, he thought it would be a proper thing to have all the cases heard together. It was suggested that it was instigated by others. Mr Macgregor: Yes, that is a fact. These men have pleaded guilty to screen some officers and stop further inquiry. Mr Hanlon said that was not so, because he had advised them to plead guiltv. Mr Macgregor: The effect of pleading guilty is that they screen those behind them and stifle further inquiry. His Worship: If it is wished, the evid ence can be called.

Mr Macgregor repeated that the effect of their pleading guilty was to stifle further inquiry. They could hardly expect these young men to give away'their officers, but they were brave enough to duck a reporter standing sft high. There was absolutely no justification or provocation or excuse for the offence. It was a brutal, cowardly and unsoldierly act, committed by five young men. "The commissioned officers had five days in which to plan this gallant military operation, for which some of them will probably get a_decoration in due course." If the defendants were good enough to screen their superior officers, then they must bear the penalty. His Worship said he would like to hear the complainant. Charles Graham Macan told the Court that he was pushed down a bank into a creek. There were 3ft or 4ft of water in the creek. To Mr Hanlon : They dragged him to the water to give him a ducking. They did not use any unnecessary violence. _ Mr Macgregor: They didn't use their bavonets or anything of that sort? Witness: I don't think five men would need to use a great deal of violence. Mr Hanlon : But only two did it.

Witness: Yes. Mr Hanlon first of all read the report from the "Times" regarding the disturbance over the tea incident. He said that was what this young and inexperienced reporter wrote to his paper, and naturally it was intended to provide "copy" for the paper; bit* /re had made a mountain out of a molehill. There was really nothing in the disturbance at all. The statements were exaggerated for the purpose of making good reading for the public. Tlia regiment felt as a whole that it was a slur on them that it should have been stated that the whole of the regiment were completely out of hand and that they made a noise at the guard tent and vociferously demanded the release of a man. They determined that a reporter who would write such 1 trash should not be in the camp at all. and they wanted to get rS«f of him. They thought if they ir.av* Km a ducking it would teach him a lesson. The defendants went to his tent and he thereupon offered to apologise, but they did not want an a»ok>£y, they wanted to

chirk him in the crock. Two of them took* him cmo in each hand, gave him a run and ducked him in the creek. They thought by that means they would get rid of this reporter, and for the honour of their regiment they were simply giving expression to the wish of the great body of the regiment. Counsel had to admit that they had no light to do if, hence his reason for advising them to plead guilty. They had committed an offence, and must bo punished, but his Worship would punish them for the offence they had actually committed and not for something that his friend said seemed to underlie the whole thing. They committed no serious injury, so there was nothing brutal about it. It was said that it was cowardly, but it wa.s not cowardly, because they inflicted no injury or pain, it was a mistake, and therefore the defendants ought to be punished for the mistake they had made, but they should be punished for that and that onK His Worship: You say that the complainant offered to apologise. He says lie told them that it was not in his hands, that it was a matter for his editor. Mr Hanlon: He offered to apologise, but they said they did not want an apology. Mr Macgregor: That is quite untrue. No apology was offered or suggested at that time. With regard to the report respecting the tea disturbance, the extraordinary thing was that the report in the "Star" of the same occurrence was still more sensational, but nothing was done to the " Star " reporter. He was not ducked. Mr Hanlon : Was there a " Star " reporter there? Mr Macgregor: There was a "Star" reporter there. Ho was a Territorial and in the ranks. Mr Widdowson said he did not propose to deal with the case then. The men would come up for sentence on Tuesday morning.