RESIDENT MAGISTRATE'S COURT.
Before G-. Gh Fitzgerald, Esq., E. M BTOT William Joseph Larkin, John Manning, James Clarke, "WilKan Melody, and John Barrett, all of Hokitika, were placed in the dock, charged, on remand, with riot on Sunday, the Bth of March last,
Mr Harvey with Mr Button, appeared to prosecute oe behalf of the Crown. The prisoners were defended by Mr Ghiiness. Mr Harvey stated that he desired to have the other two prisoners Harron and Hauuan, who had been remanded On Monday last, called up with the view of withdrawing both the informations and commencing clenovo with another information, which should include all the prisoners, this would save much trouble and inconvenience.
The prisoners were then removed pending the preparation of the information, meanwhile the Court proceeded with other business.
In about half an hour the prisoners were again placed in the dock, when Thomas Harron ond Denis Hannan were placed on the floor of the Court beside the dock (so as uot to crowd tee dock), and were informed that the previous informations sworn against them were withdrawn, but that they were now charged on a fresh information with riot. The information was read; it was sworn by Charles Towuley Brown, and was to the same effect as those previously sworn. Mr Harvey before calling evidence would wish to draw the attention of the Court to the authorities on the subject. He would read from Hawkins. A riot was the tumultuous assemblage of more than three persons congregating together in such a manner as to create terror and alarm to reasonably firm minds—gathered together with intent mutually to assist each other in some design, whether such design was lawful or uot lawful. In some cases however where the Sheriff for iustance assembled together a posse for a lawful purpose, or for the suppression of a riot such assemblage was lawful. This, Mr Harvey said, was a private quarrel a forcible entry into a piece of ground which had been set apart for the purpose of interment. He would prove the request to the Corporation for permission, the refusal, and the threat used by prisoner Larkin, who had said " G-o and tell the Corporation that I, the priest from Stafford Town will be there, and in despite of the Corporation will break open the gates, enter the Cemetry and plaut the cross." He should also prove the nature of the procession marching in military order, with a band playing martial music, striking terror into the minds of mauy persons.
Ms Harvey then called. Richard Dyer, who deposed—l am a detective constable, stationed in Hokitika- I remember Saturday, the 7th of March. I saw on that day, in the evening, the prisoners Manning, Barret, Larkin, and Melody at the Munster Hotel, where a meeting was being held. It was proposed that prisoner Manning should take the chair and he was unanimously elected. He explainid to them the object of the meeting, that there was to be a demonstration on the following day in memory of the Manchester martyrs and Irish patriots Allen, Larkin, and O'Brien. He told the meeting to proceed to business at once, to take measures how to conduct the proceusion on the fo l)w----ing day, and also the nature of the which were to be carried in the procession. He said it was for them to appoint a person to marshall them. Richard Beeves was unanimously appointed marshall, but he was not there at the time. Prisoner Melody informed the meeting that Mr Beeves had consented to take any position which might be allotted to him. Manning put to the meeting all the resolutions which were proposed. Prisoner Larkin having received a piece of paper, which he said was the refusal of the Town Council, said—" Go back and tell them that the priest from the Waimea district would open the gates and allow the procession to enter." He also entreated the persons who were to form part of the procession to be quiet and peaceable. He said a great deal more that I cannot remember.
At this stage, Mr Rees stated that he appeared with Mr Guinness for the prisoners. Examination. Continued—There were over a hundred persons present at the meeting. I remember Sunday* the Bth of March. I was on duty on that day near the Celt office at the time the procession left there. They formed four deep, and carried a great number of banners. At this time there were from 300 to 400 persons. I remember the inscription On some of. the banners. One one there was a small cross, with the names oj Larkin. Allen, and O'Brien, and underneath there was the inscription " God Save Ireland; it is treason to love her, and death to defend." On another large banner there were the names Emtnett, Larkin, Allen, and O'Brien. There was also a figure of a lady with her hands in
Chains. There was also a representation of a round tower, with a small flag flying from it bearing 'the letters I. R. Tbere was also the figure of a dog. There was a harp and shamrock underneath the figure of the lady. There were several small flags. The Union Jack was notamongsr. the flags. Tho persons in the procession wore green scarfs and green rosettes, with crape around. I did not follow the procession, t was on duty in the Cemetery in the afternoon when the procession arrived there. It arrived there about 2 p.m. A horseman came up and examined the gates He was a man of the name of Foley > a storekeeper on Piper's Plat. In about a quarter of an hour after this prisoners Melody and Clarke came up to the gates. I saw the procession come up to the Cemetery ; the whole of the prisoners were in it. Before the procession arrived, prisoner Melody dismounted, took a small hammer from his pocket, and bent back a nail that past over the hinge of one gate, and then handed the hammer to Clarke, who had already dismounted, and he acted iu a similar manner to the other gate; both of them then lifted up the gate and placed it at the side of the fence. Before the gates were fastened. Before that the after this the procession arrived. Prisoner Larkin was at the head. He was dressed as a priest performing the duties of his office in the church ; he also wore a green sash. I did not take any further notice of what took place, but went up to the place where the cross was to be erected, I did not observe Patrick Morrissy. I saw a hearse at the gates of the Cemetery, and the procession entered the Cemetery. I saw a great number of banners, There was a trestle carried by two men. The cross was about four or five feet high. I know a great deal of what was inscribed on the cross. It stated that it was erected by the inhabitants of the Waimea and Hokitika, in loving memory of the three Irish patiots—Allen, Larkin, and O'Brien, who were executed at Manchester on the 23rd of November, 1867. Underneath was written—G-od save Ireland, and ßequie- ■ scant in pace. I did not perceive ■ Manning in the Cemetery, but I saw him in the procession when it started i from Hokitika. The prisoners Harron and Hannan were with the procession in the Cemetery ; they were arranging the flags round the place where the cross was to be erected. I saw prisoner Melody digging a hole in the Cemetery with a longhandled shovel. I heard prisoner Larkin address those present. He said " they had now arrived there; wha 1 " harm had they done ? That they had been belied and blackballed by the ' Mayor of Hokitika, and that they would make him bow to the majesty of the people." He also told the people to return peaceably to their homes, and that he would return with the Waimea portion. The cross was erected but I cannot tell who put it down. I saw prisoner Melody in the hole. I was afraid on that day that if there had been opposition to the demonstration or the opening of the gates there would have been violence. In consequence of the procession the authorities ordered that all the hotels should be closed during the day of the procession. The police were ordered, with the exception of one or two, to remain in barracks, and those from out stations were called in There was a proclamation posted up in various parts of the town by the police. (Copy of the proclamation was here sent for). When th procession left the town there was a band of music. I saw prisoner Barrett in the Cemetery. He was along with the others, and seemed to be taking an active part in the erection of the cross. (To be continued in our next).
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Bibliographic details
Westport Times, Volume II, Issue 214, 7 April 1868, Page 3
Word Count
1,490RESIDENT MAGISTRATE'S COURT. Westport Times, Volume II, Issue 214, 7 April 1868, Page 3
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