The Waihi Riot

Waihi Daily Telegraph, Volume V, Issue 1317, 4 May 1905, Page 2

The Waihi Riot

The Cases Before the Court

The Charge Against Graham

Tub hearing of the ohavgea against several persons who were alleged to have taken part in the rioting on Siturday night, April 29th, resumed this morning before Messrs, 'Thomas Gilroonr, W, H. Moore and R. fl. Holmes, Justioes of the The Court was again crowded to excess, and great interest was taken in the proceedings by all who attended. Inspector Cullen, of Auckland, was present, THE CHARGE AGAINST GRAHAM The first case oalled was that against James Graham, who was charged with having obstructed Sergiant Shoenan while in the execution of his duty on Saturday, 29th April. Mr. .Clendon. said that beforo tho Sergeant proceeded to open his caspjjif \sg»}j} ask that taten together, Hfl JSaT appearing for those who were charged with the samo offence, and seeing' that the alleged offences wero committed j at the same time and place, ic would save tho time of the Court if they took the oifses together. The fnets wore simple and the offonce was simple. If the cases wore heard individually, it would take days to get through with them, In Graham's oase he had six or seven witnesses to call, three or four of whom would be giving evidence in the other cases, Sergeant Sheeban objected to the oasos being taken together. He siid the - oases that would bo presented to the Court would be different, and the evidence would bo different. It would not be right to take them altogether. Mr Clendon suggested that Graham's case might be taken later, Sergeant Sheehan objooted to the ordinary procedure being changed. Theßenoh uphold the Sergeant's objection and decided to take the cases separately.. Mr Clendon asked that all witnesses in Graham's oase be ordered to have the Court. The Sergeant asked Mr 01 endon to give the number and tho names of his witnessess, so that they could be identified when they oaino to give ovidenoo. as from tho dense orowd in the court it was impossible to know whether the witnesses were present or not. Mr, Clendon said ho would certainly not give the information asked, t ' The Bench said that if a witness remained in Court his evidence would naturally be discouutod. The Sergeant asked that witnesses ic all the oases should loavo the Cotut, Mr, Clendon objected, sabmilting that the witnesses in Graham's case only should leave the Court. The Bench thon ordered all witnesses? in Graham's caso to leave.

STATEMENT BY THE SERGEANT,

Sergoant Sheehan said that before he commenced the oase he would ask that Mr. Clendon state the number of witnesses he iutondod calling, and their names, Mr. Olojdon objected to comply with the Sergeant's application. In opening tho case the Sergeant said that while arrosting a drunken man on Saturday night, a crowd followed the

police. At Hnezard-street tho crowd becamo more violent, and the prisoner and police were thrown on tho ground. The police wero shoved and knocked about. There wero three or four bnndrod peoplo presort. While handcuffing too man the police wero kicked and otherwise assaulted. The crowd were wildly excited. Amongst them was tho accused, who took a prominent part in the disturbance. He was shouting excitedly., and one of his friends who tried to keep him quiet was struck by him. The aoouM took, a prominent part in obstructing tl.o police and inciting the orowd. _ During tho whole time the orowd wero in open riot. Mr Olendon said that bofore the Sergoant commenced his sworn statement ho would liln to ask the Bench to ask him to confine himself to the c»so. His client had nothing to do with what ,tho crowd did or with what Mr Newth or Mr So-and-So did.

Sergeant Sheehan, being sworn, deposed that the accused shoved forward and interfered with the police, Witness called him by name, and asked him to go away. He know the accused better by tho name of "Tiger" Graham. He did not know what answor the accused gave, on account of the genoral uproar. Accused frequently caught hold of witness and said: " Whj don't yon loave the man go-he is not 'drunk—and take tbe handcuffs off?" Accused must havo acted in that manner for twenty mmutOß. When the polioe got tho prisoner across on to the opposite footpath, the aocused continued to interfere. Some of his friends triod to' got him away, calling out," Oomo out of that, Tiger, youb fool." In reply the acoused assaulted his friends. Knowing the aecnaor' well, and having bad on previous occasions spoken to him when he was under the influence of drink, witness begged of bim to go away. The accused's friends then went back into tho orowd and called out, "Rooks, boys, rooks I" nnd immediately a lot of stones were thrown,; and the police had to retuv.

By Mr. Olendon: Ho arrostod G-raham ; on Monday ovoning. Ho did Hot arrest, him before because ho cou'.U not find bim. After arresting him he cast him ■ into prison. Ho bad arrnsted'Collins for being; drunk.

' The Bench hero asked Mr. Olendon to keep to the ease. , ■ ■''. Mr. Clendon said that the question was whether Collins was Ivyfulty atrostod or not. It was en important point, as the Chief Justice ha-i decided that tho police! could be interfered with if an unlawful arrest was being made. The Benoh thought that no one could interfere wiih tho polioe while making an arrest. The Chief Justice was not always correct in his decision, Cross-examination resumed: Witness did not hear Graham say "For God's aak3 give them a chauce" (alluding to tho police), Witness did not say to, Graham, " That's right, Graham; Keep the crowd back." Ho would swoar he did not say that, Witnoss was cool, and ho needed to be 0001, as he know .the danger, He would swear that Graham did not put a hand on Collins's shoulder, and ask him to go away. While tho prisoner and tho two conßtablos were struggling on tho ground, Graham came forward and asked him to lot Collins go, as he was not drunk, Graham wan waving a handkerchief, and inciting the orowd. Men named Payno, O'Brien, Jonkins and Woodward were near Graham, and t|iey were all pushing and shoving, That was the first act. It w«s a threatening and fighting attitude. The accused slruok some poople, but ho could not say who. He did not strike tho polioe or tbe prisoner. The .large hail of stones oauie from the back of the orowd. The ahousod kopt continually intorforring by shoving the polico and asking them to lft tkdprisonor go. After tho stones be k to fly it was a fact that -'witness"' and /'tho' two constables left the prisoner, '-Tho prisoner had the handcuffs on at the tune. Ho would swear that ho did not comuiince to put the handcuffs on Collins; in Main-street. ■

1 The Bench at this piont asked Mr dendon to confine himself to the case,, \ Cros߻examination continued; ; fitness did not see Graham's brother-thet'e. fla would not have known him if he had";

n ' 3o bad a slight reoullcotioa of seeing iW. *,\ jfirdiaor. He* did n6t know Sharkey, % Milliter, or " Nailer." He did not hear, ' •jharkoy or Frank Graham till the; told ' jccnsed to come away, but ho heard some )ne say " Come away, jou b Fhe*ae were the aots for which he arresied the accused, STATEMENT BY CONSTABLE OLABKE. ' CoDßtable Clarke, examined by Sergeant Bheehan, deposed that he did not soe the aooused when he was tiying to pot the handouffa on the prisoner, He heard his voice, The'tone was very furious. Liter the accused came up and took hold of witaeis, and tried to 'take him 1 away. He rocoived several kicks about the body .* while struggling on the ground with the J" prisoner, He was satisfied that he wos obstructed and interfered with' that night by Graham, The nocusod was acting very wildly and in a riotous roannor, The prisoatr was rescuod after a considerable amoimt'of tronblp. He could r,ot say that he saw tho aooustd in any other place than Haszard streit. Mr Olondon here objected to the Sergeant asking questions which did not coV oem the iSth.; ~,„ ~....., The BenoJj.Hiiha'.'?-' ; i*a»' : rjbjeotionr \. ' Oroa.? 6\i»m"ined: Ho did not try to put ■{Jjfl'biaoddaßs on till they got to the cornet of Haszard street, Ho could not say that ')'' Graham kicked him, He could not say that he beard Graham say, " For God'a'' sake Keep back and.give them fair play," • Witness did not ask the accused to get the prisoner to go quietly. The prisoner did not <'' eay he would go quietly if they took the handcuffs off,. The prisoner said he would die before he would go to the lock-up. Witness was quits cool, but tho crowd , was: excited. He was cool at tho present moment. It was not a taot that when tbo police left the prisoner he was lying on the ground with. his fane "covered with blood. Tho prisoner was standing up j when) they left, O'Brien and Payne "\ rescued the prisoner. Tbey had just left them, He had no baton or revolver with him that night. • The'fc'ergeant.hada revolver with him Inter on in'the evening. The accused behaved like a furious maJman. He could not say whether O'Neil, ' Sharky, Frank Grahimi or Walker was ' < near the accused. An odd stone or two ,A thrown before the big hail oatne struok the prisoner on the face and caused tho blood to appear. The first missile thrown was a bottle, which struok Bergeant Sheehan, EVIDENCE BY CONSTABLE WOODLEY

Constable Woodley, examined, deposed that he knew "Tigot" Graham. He only saw him onoe on the night of the disturbance, when he was standing on tho. sido of the footpath. He was standing quietly, That was the only time be saw the aooused that night. He did not remember seeing the accused interfering with the police. STATEMENT BY MR KING ' Mai D. King, examined, deposed that he was district coroner andaJusiioe of the Peace. He remembered Saturday night lest. His attontion was attracted by a large number of people outside his shop, and tho arrest of a man. He noticed that tho man under arroit was struggling with the police, He loft the ihop because he anticipated there would be a disturbance, As a Justice of the Peace he had not only the right, but it was his duty, to try and quolla disturbance. He saw the polioeon coming to H&szutd-street, Ho saw the prisoner and two oonßtables on the ground. Toe Sergeant was trying to keep the irowd back and trying to pacify them, He advised one or too there to go away quietly, as there" mm likely to be trouble. Ho saw " Tiqor"'Graham tbore. Ho was not aware that Graham interfered with him, When ho saw the accused first he was standing behind the Sergeant. Ho appeared to be under tho influence of liquor, and was waving his arms about, Ho did not seo Graham hit anyone. Ho remomberod seoing Graham coming towards him in a threatening attitude, hut he did not know who struck him, The young man who was using threatening advised him to go away. He was struck by someone on the side of the head, and jos'kl and hustled by the orowd, ... , ,','-. ALFKED CALEI GIVES EVIDENCE

Alfred Ciley, examined, said he remom berod Saturday evening last. He heard a great- noisa, and proceeded to the scene at the corner of Hasisard street, ■> There was a large crowd nnd a great lot of hooic ing against tho police. The accused atiraoted his attention the most owing to his running round and throwing his arms about. Ho saw him rushing at Mr King, and he appeared to be very savage, He was positive that Graham was threatening Mr King whon his friends pulled him away.;: He heard Mr King say "I did not interfere with you." Witness next saw Graham'rush back to '.he constables. He WBB th'os£ pving a' handkerchief or hat to those on the footpath. He did not see him agiiriV' it that time he heard Graham spoakiDfd'biit could not distinguish what was said, The accused was very excited whon he rushed np to Mr KingBy the Bench: Ho heard the Sergeant ask for assistance, but no one responded, STATEMENT BY MR'pNBICK Arthur Thomas Kenriok, manager o' the Waibi branch of the Bank of also Major of tho'Dts riot Volunteers, examined, deposed that his attention was atiraoted by a large crowd of people at the coiner of Main and Haszard-strcets. When ho arrived first he did not know in the least what was wroug, The orowd ;were hooting and shouting, He saw the accused, and the first thing he saw the accused do was making for Mr King. He bore a menacing attitude towards Mr i King. After that Mr King was lost in the Orowd. He saw Graham standing In front of the polioe, and was shouting something,, but he could no: hear what he said, Tbe aocused was throwing Mb arms about. In his own mind the acoused appeared to be obstructing, not assisting. Tho polioo woro on tho opposite side of '• the street, nenr Noakes'. 'He heard shouts of. "Rocks." Tbo rooks came alright. The orowd then rushed in every direotion, and after thoy had dispersed the prisoner was gone,

Crqss-oxami»ed: He did not see the accused throw any stone. He did not ste him put his bands on tho prisoner, The nearest he was to the prisoner would be about ten yards away. He did not see accused strike Mr. King. [

EVIDENCE BY MR. MASON. I William Mason, assistant clerk of (he j Court, exsraiued, deposed that '.'be. was coming down the streot a little after 10 o'clock on Saturday night last, Tiore< was ft great deal of hooting going on, He saw the Sergoa'nt and the two constables, , He made "his way through the orowd up to the police, He heard some of the people asking the police to lot tho prisoner go, and to take the hnndouffe off. He told some of them round about that the Sergeant having once arrosted a "man they . could not lot him go, and advised them to get away, Ho would say the crowd were interfering with the police. He was com. • * parntivelya stranger here. He did not know tho accused and did not recognise him in the crowd. This finished the evidenco for the proseoution, ~, ' THE DEFENOE. T""... SP'r Clendon, for the defence, 'submitted there was no. charge tu ans-' wer. He contended that obstruction / meant physical obstruction. An obstruc; ■ tion was a physical act whioh'prevented a: constable carrying but his The I ,' ohargewas wilful obstruction, and. that' was the point which the l Oonrt had to de.v '' bide. He would submit that wjtnesses for the prosecution disagreed on a :'i vital question the caso should be dismissed s : i

,\ ' Tho only tangible 'evirlenpo was from' 1 (J n ConstableaCla.rkeandVitaodhy.whocoiitri- ( ' dieted each other in'thoir ovid.'noo in tho i\ pari of the alloyrtion thattho accused Md j t bandson iho prisoner. Constable Clrke r r „ that (be acoueed put his hands on .* the prisoner. Constable Clarke stated that tho Rconsed put his hands on the prisoner to pull him away, while Constable Woodier etatod he did not seo the Bccueed pui his hands on the prisoner, Coining to the evidence, of Mr King and Mr Caley,'he submitted that both wore o f : n negative nature. Mr Kenriok's evidence did not go any further. . Sergeant t Bheehau's evidence dfat in generalities. 1 ifty only act; the Sergeant .could ;<give ciefinito information about was ttiafc the mar. was throwing his arms about. He submittod that the whole evidence was contradictory, unreliable, and not tangible He contended that the offence was trivial/ and that ibere was no evidence.of the. charge of obstruction, ;. ■ STATEMENT BY THE ACCUSED ■ James Agustus Graham deposed that he was a miner, and wav living in Waihi. He had lived in .Waihi for four years. The first he heard of the disturbance. was when he was standing with a friend near. ' the Rob Boy; Hold. ;They went to the scene of the trouble, and thinking a friend pf his might be in some fight he made: his way through the orowd. '. . He saw the two h constables on'lhe, ground..: Sergean '' Bheehnn was standing by thera : The (crowd pushed him on. to ■ the'. Sergeant. The Servant then.'. 'told him to keep bach, which ho did, Tho .crowd pushed ajain, anil, fearing they, would knock the. Sergeaut,, ho said to .the crowd, V For God's sake keep book." 'The Sergeant said, " ThatV right, Graham; keep the 1 '"" orowd bock," Ho was asked by Constable Clarke to coax the prisoner along,, He did, but the prisoner took no nonce. He . saw Mr King, but did not threaten him; ' His brother Frank at that stage asked him to come away, He,went away, and later on he and his friends having supper in Lawrence's rsstaurrnt, when they heard another commotion. They went out onto the footpath, and watched the. trouble ' from the footpath, but did not interfere in; ,' ■ anyway. ,;■.. ■ , ' «' Cross examined: Ho was sober. He had throe or four drinks in Waihi. Ptior to that ho bad been in Wejkino, and attended a football match tilting place there. He novor looked for trouble, but he looked: after himself when trouble was .on, Ho i' was standing there doing, nothing. He did not see the police Itickod while they I were on the ground. He tried to Keep the \ i orowd back. ".; '.. (Left Sitting,) . i '