“FACING THE MUSIC”

Waipukurau Press, Volume XXVIII, Issue 118, 13 May 1932, Page 5

“FACING THE MUSIC”

In Magistrate’s Court

WELLINGTON LAW-BREAKERS

WINDOW SMASHING CHARGES

(Per Press Association) WELLINGTON, This Day.

Some 3-1 men came before Mr. E. Page, S.M., to-day on charges arising out of the window smashing episode on Tuesday evening, and the Cuba Street affray of Wednesday, which was dispersed after a baton charge by the police. The Court is crowded.

Fred Gordon Thomas Brown (20) elected to be tried by a jury.

Charged with stealing two watches the property of Mary Doubney, he was remanded till Wednesday week. Norman Heidenstrom (36), a drainlayer was remanded for a week on a charge of committting mischief by wilfully damaging a window valued at £2 5, the property of W. H. Lloyd. Theft of Cigarettes John Millan Smyth, aged 21, labourer, admitted the theft of cigarettes in Manners Street. It was stated that he was captured by a detective after a chase. Counsel said accused did not take part in any window smashing. Sentence was deferred. Found With Stones Walter John Willis, aged 18, factory hand, pleaded not guilty to being a rogue and a vagabond in that he was found armed -with an offensive weapon with felonous intent. It was stated that the police sergeant saw accused walking towards Manners Street, swinging a stone in his hand, when caught by the sergeant he dropped the stone. When searched at the police station another stone was found on him. Counsel submitted that the charge was premature, saying, merely making preparations for an offence did not constitute the intention to commit the offence. Accused said he was in employ ment. He went home at five o'clock and returned to town at 6.30, walking down Cuba Street. There were a lot of people about and he became excited and picked up two stones. He denied he knew there had been any disturbance in the city. The mother of accused said her husband was an unemployed bricklayer. The boy was at home when his father arrived back from Parliament House. Counsel objected to the line of questioning, but the magistrate said that the whole case rested on accused’s intent and his knowledge of the state of affairs in the city must come into it. The father said he went home after the deputation had announced the result of the visit as he feared trouble. He went via Lambton. Pie was ahead of the window smashers and knew nothing about that trouble until he went down town late that night. The Magistrate said he would take time to consider the case. Inciting To Lawlessness Oscar Martin Brown (36) labourer, pleaded not guilty to inciting lawlessness and disorderly conduct, and being found armed with an offensive weapon, viz. a stone, with felonious intent. The police stated that accused threw a stone at a window, but it missed. He was seized by a constable, but part of the crowd tried to prevent an arrest. His conduct in w’aving his arms about and throwing a stone was an incitment to lawlessness. Accused denied carrying a stone or any other weapon, and said he was merely a spectator of the meeting at the. gates of Parliament House. Question Of Communism “Have you attended any Communist meetings?” he was asked. Sometimes! the accused replied. “Are you a Communist?” Counsel for the accused objected to the question as being highly improper. Communism he held was every bit as legal in New Zealand as any other form of social organisation. The Magistrate said he thought the question a proper one; it was a fact that accused attended a Communist meeting, • and these meetings were regarded as harmful. They tended to

bring about disturbances. The accused denied that he was a Communist.

Asked if he was annoyed at specials stopping him, accused said he was not annoyed at anything, “only when he got locked up!” Mr. Page said it would take time to consider the case. Assault Of Constable After hearing the police evidence, Archibald Chister (26) reversed his “not guilty” plea on a charge of assaulting a constable during the baton charge at Whitcombe and Tombs. Another constable said he hit accused with a baton. Wilful Obstruction Accused was remanded for . sentence. i Leslie George. Boyd (38), labourer, denied wilfully obstructing a constable. The constable said he asked accused three times to move on. Accused said: “I will go when I am ready!” Accused feaid he took no part whatever in the window-breaking. Mr. Page said he would take time to consider the matter.