SEVEN DEFENDANTS.

Star (Christchurch), Volume XLIV, Issue 197, 20 August 1931, Page 9

SEVEN DEFENDANTS.

More Prosecutions Arising From Demonstration. SPECTATOR EVICTED. More was heard of the anti-war demonstration that took place on August 1, when seven men were charged in the Magistrate’s Court this morning, six with taking part in an illegal procession and the seventh on five counts. Five of - those charged pleaded not guilty to taking part in the procession. They were: Bert Avery, Herbert Edwin Barnsley, James Edwards, Sydney ITougenot Fournier and John Simpson Hunter. Robert M’Kay pleaded guilty. There were many amusing exchanges during the hearing of the case, and one spectator who showed overmuch sympathy with the defendants was escorted from the courthouse by the orderly. Formal Evidence. Formal evidence was given by the Town Clerk, Mr J. S. Neville, that permission to hold a procession had been refused, and by Detective-Sergeant Young that the procession had actually taken place. The detective-sergeant said he saw all the defendants either in the procession or on the outskirts of it. “ Defendants are all associated with the Communist Party,” he said, “ and some are members of the part}’’.” “ A Denial.” “ I am a Communist,” said Edwards, “ and I would not deny having taken part in the procession had I been there. “ I thought I was being fortunate in being out of the procession.” Barnsley asked for an adjournment of the charge against him. He also asked for “ a change of magisterial jurisdiction.” Senior-Sergeant Fox. who conducted the cases for the police, said that it was most unusual for an adjournment to be granted after the police evidence had been given. Adjournment Granted. Mr E. D. Mosley. S.M.: I don’t quite understand you. Barnsley. On what grounds do you want an adjournment? Barnsley: You saw fit to say that ♦he evidence given on the day of the hearing of the last cases was unreliable, and now these cases are to be taken before you. I want to prove to you that the evidence was reliable. Well, you can do so before me this afternoon. Your case will be adjourned until then. Fournier’s Defence. “ I was in a public house in Manchester Street, having a four-penny pint of beer,” said Fournier. He said that he went down Colombo Street to have a look at the procession after it started. “ I never got near it,” he said. “In any case, I disapproved of the procession because it was not properly organised. I waj conversing with odd characters but was only in the vicinitv for a couple of minutes. Mr Mosley: Evil communications corrupt good manners. 3 r ou know. “ When I join a procession of which I approve I lead it,” said Fournier. "It was a traffic block that brought me into the vicinity of the procession.'' He added that he got on to a tramcar about Cashel Street to get away from the processionists. The Senior-Sergeant: Wh)* did you get off the tram-car at Hereford Street? Fournier: I found I had jumped from the fire into the frying pan. The tram was full of police. When the tram stopped, I had to get back from the frying pan into the fire. “ I do not join furtively processions of which I approve. It is not likely in that event that I would slip in and out again. I am prepared to take the full consequences of any act of mine.” Hunter denied membership of the Communist Party and, explaining tc the Magistrate his presence in the procession, said, “we all do some funny things.” Must Obey Laws. Mr Mosley: And why were you in the procession, M’Kay? M’Kay: Because I belong to the Communist Party. “ I don’t blame you for that. I admire you for being honest and admitting you were in the procession. I have got no objections to your being a Communist. In fact, I know very little about it. However, the laws of the country must be obeyed.” M’Kay: The Mayor of Christchurch—that’s Mr Sullivan—said that he would not oppose any demonstrations. Mr Mosley: The laws of the country are paramount. M’Kay: Oh, I thought the Mayor was the big noise. “ Edwards will get the benefit of the doubt,” said Mr Mosley. “ I have some little doubt in his case which will be dismissed. Fournier will be dismissed also. Avery and Hunter will both be fined £2 and costs and M’Kay 20s and costs.” Five Charges. David George M’Gifford, aged 23, a labourer, of Amberley, appeared to answer five charges. Fie was remanded until Monday next. Senior-Sergeant Fox said that the man was only arrested last night, the charges arising from the demonstration on August 1. In the circumstances he would ask for a short remand. The accused, who pleaded not guilty, said that he objected to a lengthy remand. The accused was allowed bail in self £2OO, with one surety of £2OO. The charges were that he loitered on the footpath causing an obstruction, committed a breach of his release on probation, incited lawlessness, behaved in a disorderly manner and assaulted Sergeant Hyland in the execution of his duty. Case Against Barnsley. Barnsley, giving evidence this afternoon, said that he was not in the procession, but had walked along the footpath for some distance. He waited at the corner of Hereford Street and Colombo Street while he took the number of a constable who, he said, was assaulting a man on the ground. He went to see Riley to give him important papers in connection with a petition concerning the Hospital Board. The defendant called witnesses who detailed his movement on the momnig of the procession. M’Kay, one of the previous defendants, said that Barnsley had been asked to join th eCommunist Party and had refused to do so. “ That’s a new one,” said the senior sergeant. “We havn't been told that before.” The charge was dismissed.