The Waihi Riot

Waihi Daily Telegraph, Volume V, Issue 1318, 5 May 1905, Page 2

The Waihi Riot

Graham Fined £lO

Four of Hie Accused Plead Guilty Fines of £5 Indicted Cham Against Johns Dismissed

An Alibi Proved

We resume our report of tho Police Court proceedings from the point of leav inq[ off yesterday, The chargo before the Court was one against James Agußtus Graham, of obstructing tho police wLile in the execution of their duty on Saturday night last.

The presiding Justices wore Messrs Thomas Gilmour, H. W. Mooro and R. H, Holrnes, Ths witness giving evidence at the time we went to press was tho defendant,

Witness, continuing, said that Mr. Kenrick would have said something which wits untrue it he said that witness oarae out of the crowd with a threatening attitude towards Mr King, EVIDENCE OF ME NEWDIOK

John Newdick, examined, deposed that he knew Graham, tho accused, He remembered the row on Saturday night last, He was thete when the crowd came into Haszard street. It appeared to him, when he saw Graham, that the latter was pushing tho crowd back, and at tho same time saying " Fair play, boys," He really thought, from what he saw, that the accused was trying to obtain fair play for the polico and for the prisoner.. Ho could not soe the prisoner, and did not know him at tho time. Cross-examined: Ho did not think that the aooused was obstructing tho polico. | He did noi think he interfered with them. Ho look it for granted that whon accused called out " Fair pl-iy, boys," he moant it to apply to tho police ft') well as to the prisoner, He siood and looked on, He wms a citizen of «ome slanding in Wailii. but no did not offer to help iba polico, He was glad to'koop out of the row. STATEMENT BY MR GARDINER Daniel James Gardiner, miner, Wailii,

doposod that ho had known Gralmni for about oighteen months. Ho mot tho accused at the corner of Hnszard and Main-streets about half past ton o'clock.

Hosiw the acoused alongside Sergeant Sheehah. Accused was calling out "Stand back, boys; fair play." Prom what ho saw he could not say ho was obstructing the police. It appeared to him to bo the other way. Witness tried to gut through tho orowd in order to get the accused away. Presently ho saw the accused nnd his (aocused'a) brother coming away. Witness joined them, and went down to Lawrence's,for suppor, Thuy had just sat down to supper whon they heard another commotion outside in tho street, They went out, but did not imve away from the footpath. Cross-examined: He was anxious to get Graham out of tho crowd because ho was a friend of bis If ho had beoo called upon by tho police he would have given them all the assistance he could; but ho would not take it on on his own responsibility. It was dangerous to intorferewith the police, as witness might be put in the same place as the aconssod. Tho roason he wanted to take accused aw«y was becaiißo ho was a friend of his. In his opinion tho words" Stand back boys, fair play," were not meant to give tho prisoner a chance tojescapo, EVIDENCE BYjMlt WALKER

John Waltter, fitter, said the n'ght in questioa accusod and two others wore standing opposite Kelly's Hotel, when they heard a commotion up the street. They ran up to the sceno of tho trouble, and mado thoit way through the crowd to the ring, where ho saw tho Sergeant and two constables. The latter waro on the ground. Tho accused bad his arms oxtonded and called out, " Stand back, boys, fair play," Tho Sergeant replied, "That's right, Graham; keep the crowd back," Ho did not think tho accused was obstructing the police. He lost sight of tho accused within four orfive minutes. Cross-examined: He was with Graham in the ring for about four or five minutes Ho w»8 thoii jostled out o( tho crowd, He did not see Graham again. He did not help the police. Ho was only too glad to got out of tlio crowd. He did not wait to see the finish of tho row, but went straight homo.

OTHER EVIDENCE Williom O'Neil deposed to having scon tho acoused in Haszard street, during the commotion, He dd not hoar accused say anything. He saw accused and his brother come out from tho crowd, Cross-examined: Tho accused could not have done anytbing without his seeing him. He could have done a lot of things without his (witnoss) seeing him. Ho was thero about five minutes.

Francis Graham, brother of the aeensod, deposed ho was standing on the footpath opposite Kclly'o Hotel. Ho heard a commotion up (lis street, and, going to the sceno of tho commotion 'saw his bro'her. Whon he got through tho crowd, ho heard his brother say " Stand back; fair ploy." Witness then asked his brother to cotno away, and he came. Ho asked him to coino away because he thought it was not a fit place for him.

Cross-examined: Whon ho worked his way through the crowd he saw his brother dose to tbo police He did not know "what h.s brother was doing. He thought it a manly act to take his brother away, ovon though ho was assisting tho polieo, Eo-exomined: Ho did not know what had happoned to tho police whon he took his brotltor away. Ho had seen uo Btoms thrown up to the tiino ho took his brother away. This closed the evidence for tho defence, GRAHAM POUND GUILTY After a retirement of twenty minutes tbo Bench returned to the Court and announced tho result of their deliberations. The Bonoh said that ,thoy found tho accused guilty, and would fine him £lO, with costs £2 7s, Tho Bench allowed tho acouseil a wools in which to pay tho fno, provided ho found security. Tho fine was paid at onoe. CHARGE AGAINSr ERNEST ' JENKINS. Ernest Jeukhs was chargod with in citing ono Daniel Collins to resist the polioo while in the oxocution of thoir duty on ilie night of Saturdiy, 29 ii April, Mr Clondon appeared for the acousod. Sergeant Sheohan stated that tho accused committed the offence at tho satno time and placo as tho previous accused, with thß difkenco that he called upon others to holp him take Collins away frddu tbo police. Sotgeani Shoehan, boing duly sworn, deposod thpt accused and a number of others obstructed himsolf and two constables while thoy rae taking a prisoner to the look-up. He was pulling tbo prisoner one way while they were pulling him the other. In addition to that, he called upon tbe orowd not to let the police take the prisoner away, He saidf" Oomo

on, Australians;. don't lef tbefo(&i£bim ' away/''and repeatedly t6ld'vi'lii]|Ba and f J Constable Olarke to, take the bandcuffj off the ptiionor, saying that .he : was, not .' r drdnk. It was only when .the hail of stones came that the accused let the prisoner go. *. Cross-examined, by Mr Clendon:He believed ha noticed Graham. before be saw the accused, At the time that Jenkins caught hold of the prieonof he could not say whether tho prisoner Was on tho ground or not, they were frequently up and down. Ho roared like a bull, both on tho ground and off, After the bandcuffs were taken off the prisoner went ~ quietly as far as the Aoademy af Music, Q , I but from that point on to the station yard ™ gate he struggled and resisted the police, ty. From the time they got to Noakes's'till \ the hail of stones oumo, the accused was in the thick of it. At this stage of the proceedings the Court adjourned tilt 6.30 p,m, THE ACCUSED PLEAD GUILTY On the Court resuming, Mr Clendon oxplained that during tho adjournment he had held a consultation with the accused, and afier bearing jibe exprcssionot opinion of the Benoh in the other oaso he was disposed to advise them to iload guilty, it' being left open to himself to make a 'statement to the Court. He would call each of the accused to answer to the charges, Ernest Jenkins, oo being charged, pleaded guilty. Jamos Payne, John O'Brien, and Edward Woodward were then oharged with obstructing Seigoanl Shoeban while . in the execution of his duty on Saturdaynight, 29th April. Eaoh pleaded guilty. MB CLENDON'S ADDRESS Mr Olendon then proceedod to address tho Court in extenuation of the conduct of the accused, Ho said that in tho of O'Brien and Payne both were married mon, •-■-. ■}. and that as far as they were concerned they j wore both in the company of Collins on the footpath opposite Pilling's hotel on the ovening, in question, Thoy saw the sergeant speaking to Collins, and then take bim off. They followed the police and Collins down to Haszard-straot. They wore nnder the impression that if tho handcuffs were removed Collins / would go along quietly to the lockup. --M Thoy took no action in obstructing tho Jjl polioc, and thoy throw no stones. He would ft3k the Bench to believe that these two men were instrumental in 'bringing Collins back to the police. He would ask the Bonch to beliovo also that these men acted in ovbry way bona fide ; and in thoso eirenmstancos he would a3k the Benoh to impose a fine oonaistent with the ends of of jmtice Both those men were respectable reßidonts of tho town. With regard to Jenkins and Woodward, both wero young men, and liable to be led into any fracas going on, and under excitement would likely lose their heads. He hoped the Benoh would tako as lenient 'Ya viow as possiblo, and impose a fine con- ) sistont with tue cuds of justice. The Bonch said thoy were pleased that the accused had decided to pload guilty. ADDRESS BY SERGEANT BHKEEIU Sergeant Sheohaa said ho would like to make it clear to tho Bench that in bringing these oases before tho Court he had «., done so simply because he wanted to do bis duty as a public servant. Ha wished ' the Bench to understand that, the police wero iu no way vindictive. They wanted tho town to be conducted as a peaceful town, and tho citizens protocted as they ought to be.

THE JUDQMENr Tho Bench then retired to consider their .judgment, After a few minnies they returned to the Court and satf that in consideration of the plea of guilty they had / taken a more loniont view of the cases 1 than Ihcy would etherwbo have done. T Each of the accMcd would bo fined £a, with costs 7s onoli, or in default 14 days' imprisonment. The Bench said that ail those charges woro of a serious nature ■-..- and they were of opinion that it should „!• made known to the publio generally thiJX the conduct on the part of thoso ohargedv, could not under any ciroumstances be tolorated. It was a vory serious mtfctor indeod to intorforo with the police, either whilst in the act of maltin» an arrest or , " N after an arre3t had been tffeated, and they 1 expressed the hopo that the incident in. question would somas a caution to thoso ■ who were incliued to tako any part in proceedings of a similar nature. They trusted that this would be the last time that ouoh a charge would bo made irj Waihi.

THE CHARGE AGAINST JOHNS ■William Johns was charged with that on ><■ 25th April he did wilfully obstruot Serjeant Sheohan while in tho execution of " his duty. '•■*•' : Mr Mueller appeared for defendant, who pleaded not guilty, i Sergeant Sheohan staled that the offence occurred at the same time and place as tho others, and that accused interfered with the police in the execution of their duty. Mr. Mueller applied for all witnesses to i be ordered oot of Court. ' ■< The request was granted, '-" Constable Clarke said: On tbe night, ' lof the 29th, when arresting Collins we had' ' got Collins to near Noakes's when ao, oused oaino up. Wo wore trying to get prisoner to the lockup, when accused' '■• planted himself in the way. I told "him, .. to go awaj. He said we had no right to ■ arrest prisoner, as ho was not drunk, He was mishing against .us"'as wo attempted to got prisoner away, do remained for ono or one and a half minutes, but on my speaking to him '! •.- again he went away. I saw no more of him that evening. When he was arrested- ' on Monday morning on warrant, his father said ho was not out of tho shop on Siturday ovening. On going down the street tho accused admitted to bo being at the comer of Boßementßoad, but not in Hazard-street. Y ■ To tho Sergeant: Wo sfortod to arre?t Collins about 1080 It was about 11 o'clock whon I saw accused. I have np doubt ho was tho man. I know him well. To Mr Mueller: We got Collins to the lookup at about 11.30 I went to help the Sergeant to ro-arrost Collins. We re. arrested him at Wilcox's shop. That was where tho handcuffs wore takon off Collins.Prisonov was taken along Eosomont Eoad S and along Kenny-streofc to thß lookup. The-talk about taking off handcuffs might have;occupied 15 minutes. JnHaszsrdstreet we probably spent three-quarters of an hour with tho prisoner. When we left Haszard-stroet I went into the Polieo Court yard and was away for about'' 10 minutes bofore I went bnck to re-arrest Collins. After arresting Collins the first time the first stoppago took plaoo at tbe corner of Raszard-street; this was when I first saw tbe presont acoused. J said this morning in Graham's case that we were about 20 minutos from tho .time .we - handcuffed Collinß till we got to the Borough Council Chambers. I saw Johns for the first time noar Noakes's building's, become between O'Brien and Payne, and ' we could not shift him. He was not 8 feet from me; it was not before Adam's <. lights wont out Tho lightn did not go Y. out bofore wo handcuffed tbe prisonor. ' Y Constablo Woodley bad hold of the prijpn«r, ond so did I. I don't think the ao* '; cuscd touched either of lis constables or i the prisonor, He pushed ogainat us, M He was between Collins and Payne, and pf helped to push. This would bo about 11 o'clock at nigbt. Prom the time we got the prisoner handonfH till we reached the Council Chambers would occupy abotn half an hour. It took us about 15 minute .' ; to get prisoner Collins from Rosemori! Eoad to the look-up I believe a bottl or s'one or two had been thrown whiL Johns was thire, I did not see him afte that; •we did not take as long to get th r

risbder Rom Noakea' to near the Oounoil '.Chambers as we did from the corner to ' Noake'st' Constable Molndes; and larresttd accused on Tuesday morning on a vwarrant. ,: f Re-examined by Sergeant Sheehan: I ' can,give approximate, times; it would .be about 80 or 85 minutes from arresting ' Collins before I saw Johns. :"„•■■.' Constable Woodley, examined, hid: I remember Saturday: ..nigbt last. .■. I know the aocused, Saw him on one por :. casion just in front of Noakea'; he was ob-: ",: structing us. Constible Clark told him to: ' : Btand bficU. In reply h 6 told us to toko tho. handeufli o£f, as. .the prisoner whs; not i. drunk, I knew the .Moused Johns in' I Mastorton by sight, I have no doubt of his. | being there on Sa.urday' night■;•'■■■ I' only saw him for about: a oonple of minutes previous to the bigshower ofstones, ■.■'■';■. Oross-ejaruined. by Mr Mueller':'. I saw Johns last about a quarter of an hour before, the shower of stones. It took us about 20 minut.'S to got the handcuffs on Collins. Wo would be in Hazard street about one hour: Rltbgetber. From the ■' time we left Haezard street till we got Collins; to:the look-up would be about 20, . minutes. : ■ Accused did not push me,; He pushed Payne, and thus pushed the lot of . ns. He did not. personally push Collins. I did not know, Collins, and had plenty *' to do looking after the prisoner.- If evi- ■■\ donoe is produced to show that accused ('v was not in this part of the. town .during f.'. ■' the row I will still swear ho was. ..• Re-exainincd by the Sergeant:■ I was ~ ■ hurt in Haazard-street and ntn still suffert ■ ; . ing from that blow. .. I male no mistake j' nto prisoner's identity. i. Constable Molnnes, examined by ■ : ; geant Sheehan, deposed:. I know the r; Moused. I arrested him onTuesday last I at his father's shop. His father said that' IKaccused was in the shop at 10 p,ra., and Kacoused said he was at'. Lawrence's at ■plO.Bo p.m. . ■ F ..THEDEFENCE.: ; ' [,' Mr Mueller, in opening tho case for tho h. defence, said lie intended to prove ahilibi. I'' He would prove that Johns: was working ! on Saturday with his fatheruntil noariy 10pin. Hewasthon with.Bpme..young, ladies for over half an hour previous to the row reaching Rosemont Road; Acoused, on oath, stated that on Siturday last he was working, in his father's shop till about; 9-30 p.m., and went into the Strand Dining Booms,, was there about 10 or 15 minutes, talking lotbehdies. I had| to go back to the shop, and was there for about a quarter of an hour, I shaved ono mail. After that "'. I put on my coat and went to the .dining room* by the buck door. Up to this tiroe, I did not know anything about any row. I was in tho restaurant till the orowd '-'. ar-: rived in Rosemont-street. This was the first I saw of the row. Previous to,,this ; ono of tho young ladies had drawn my. attention to a noise up the street, whioh I tookto bo the footballers from Waikino. ■ 1 had supper in the restauraut. As 1 was leaving the restaurant Mr J. Wilcox camo in for snpper. I was not in Haszard-streei that overling, I was not out of Bosemoht, Boat! that before, tho row oamo into Bosemont Road. I then went out and saw tho row. .'-, ■"■;■.''; Orossjßxammed bv Sergeant •Sheehan; I know Constable Clark. 1 cannot account ; for him saying he saw me in Ha&zardi street. I cannot remember who the man ' was I shaved last on Saturday night. Constables Clark and ; Woodley are mistaken in saying they saw me in Easzardstreet, I did not go lo Hazard-street before I want to the restaurant, ' - : , 7 '-[ Ra-axatnined by Mi Mueller: I would . shave about twelve or fourteen men every .Saturday night.'; if l.he constables say I was in the nw in Hißzard-stroot it is incorrect. ''.■ ;■■■■.■-' SI!ATEIIENT;BY;T. JOHNS.SENIOR. Thomas. John",. father; of accused, doposed : My son was working with me in + ; the shop last Siturday evening. .He left. the shop for about ten or fifteen minutes during the evening,; When he came b ick I he gave me his takings,, arid went away after shaving one man. He would, be in on the sacond occasion; for ton or fifteen minutes. When ho left tho first time he had no coat on.; I-remember the row -• reaching Eosemont Bond. My son was not in the shop then. When my son left tbe first time he'left by theback way. Cross-examined by Sergeant,Sheehan:. Barney Donovan, is not a regular cus- . tomer of miner He has been in the shop off andon. .My son might know him or might not. Ido not know-where my son went In when, he first left the shop. He •• was away ten or fifteen .minutes.! When he returned be remained 10 or 15 minutes. :• Whennextl saw him.was after the row- ' ' was past. He was then standing at the : door of the boarding-house. EVIDENCE BY .MISS AIKENHEAD Christina Aikenhead, keeperof a restaurant in Bosemont Boad, said: I know the accused. I saw him in the kitchen of my restaurant about 9.30 on Saturday . nigbt. He was there first for a quarter of anhonr. He then. went, away for 10 ,or 15 minutes, and then camo beok and stay ~.;', od till, the'row , came-along Bosemont Boad.. He came: to give lis a; hand to ■:'■ dry the dishes. I hoard a noise up tho ■.'• street; and came back and told Johns, who . Baid it must bo the : footballers. This was the first I had heard of the row, Johns badbeentherethen over half an hour from tho second time he came back. If it ■.-■.' has been stated that Johns w seen in ,y,- Hasznrd street 20 or 80. rnihutos before the row camo into Bosemoht Boad it was a mistake. ~r:r'? Cross-examined: When Isaw the crowd ; ,,; in Bosemont; Road was between 10.80 and II o'clock, It might haveib'een a; little beforo or after, I looked at the clock at ,10.30, If 'witnesses, siy the row occurred , alter 11 o'clock they might be right. Ido not know where Johns went when he left the.firsttirao, he niis only about 10 minutes . . away.';'.'"'. -!!:'' v THE WAITRESS Annie Brfiyri?.|f,aitres3 at Aikonhead's .-" ■' restaurant, deposed.; I was there last Saturday. I know tho accused, Ho was . ' in tho kitchen on Saturday nigbt. I re.member the. crowd coming into. Bosemont Boad. Johns had thon been in from a : half to throe-quarters of an hour. : Cross-oxamined: ; ldo not know what time tho crowd nrrivod in Bosemont Road. ■ ■'.- It .would be a little before 11 p.m, Johns .„'.'■,. wasinour place about, three-quarters of V, an hour. It would bo about 10 o'clock ■';.;" : when Johns came in tho.seconti time. I . canswonr it was about 10 o'clock when ho ■ came in tliesecond titno. If it has boen '■... stated that, Johns was in Haszard street 20 orSOmiou'cs before the crowd camo . to Bosemont Boad, that would bo wrong. ; ; : To the Bench;! The accused was only '.'.. out of tho kitchen for the 10 minutes mentioned by me, 'ANNIE AIKENHEAD'B VEBSION ■■j- An!iieAikenh6ad,keeppr Of a restaurant :>£ in Bosemonwoad, saidl: I know lho ao. {■■■'■:. oused.. I saw him: last Saturday night in /! the dioing rooms. I remember a crowd ;1 coming along Rosemont-road. John? was ';'. then in the kitchen, and had beenthere for about an hour. He came in before be had finished work that night. He went back to the shop for. ebour/10 or 15 minutes, - . and then c«me back by tho back way. Ho ( , had a cup of coffee Bud n cliat. I remmnA/.ber the crowd in Bbsemont-rpad Hit. /.■v- has been slated that from'QO.to.Bominutos i--.\ before the crowd came along Johnß was in * Eiiszord-strcetitis'wrorig.. ■"'■.■. ~t ; Cross-examined; I saw the crowd In Bosemont Boad between-10!30 mid 11 . The first time Johns came in would be: after 9.80. 1 don't know for certain wbere ,; Johns went when he went out for the first time. I only know.that ho saiil he.was going back '.o the shop to pay bis lather some money, andthat he had !iO ( coaf. or hat on, but when he camei.baik'behad / (hem on. Johns did not leave from the

first vim at a'l excopt for the ten minutes wheu.hVwe f '!tbaoktotliesliop • . EVIPNOE

.William Qorrond,miner, Waihi, said: l know Willkin Johns. I remember hat Sanrday. I was .in Johns' shop in and out Troon 9 till 10.20. I saw tlie accused , there. I was in, Wilcox's anbp about 10. 15,1 then went tb the baok ofAikenhuads' restaurant to get my horse. I rode ou through the alley, and saw accused through the window sitting in .the kitchen of the rpstaurant. Ai I crossed, the Mainstreet, I heard a disturba'noo.up the road, I did no- gi) up. to sen whiit it was : Cross-exninsiieil: I oould not be mis' taken as to its being Johns I saw in the restaurant.

John Wilc»x, storekeeper, deposed: I know' the accused, aho thoStrand Dining Rooms. I wns there last Saturday evening, about 10.20, after closing my shop. Gerrand. callbd at my shop before I went to the Strand. I went through the diningroom and pulldd tho slide into the kitchen. I there saw Johns and throe ladies. I got my supper, and when half way through I heard a row, whioh Johns said was the footballers. I then heard that a row had occurred down the street, aud the Sergeant had his bead cat. Johns was in the restinraut all the time 1 was there, I sup. pose I was there dose on 30 minutes, Cross-examined: I suppose it would be obout 11 o'elook when I saw the row in Bosemont Boad, I would not be more than 30 minutes late in leaving my shop. CASE DISMISSED

Tbe Bench, after a brief consultation, decided to dismiss the case.