Heaney, Rosexpeac and Gattaguen, three seamen belonging to the U.S.S. Alert, were charged on remand with assaulting the Police and rescuing prisoners from their custody at the "Prince of Waloe" tavern on the evening of the 23rd in Mrs, Rosenpava, landlady, of the "Prince of Wales" tavern, who said she could not speak English well, and who eared very reluctant to give said there wore " lot of sailor house on the ey ion, and she not know what happened, There was no furniture broken, and she caw no fighting. She saw the Police come in and she saw then take s man from the Alert instead of aman from the Enterprise. She recugnised Rosenberg as the man whom they took.
Mr. Rosensava was then called and gave similar evidence, swearing that he saw no fighting, and that the Police took Rosenberg into custody in mistake for one of the des the Enterprise.
Soryeant Laxton said ho went into the public-house a little after the other men and heard Heeney saying, with an oath, you shan't take them." berg th tonk up a chaie and throw it; but witness did not ace whom it struck. Gallagher took up a table, and the ley wi the window; afterwards he Tittle Tater, he saw 1 Heeney's hand and heard him say to Se geant Storey'! will——well knife you All three men were very active in resisting the Police; they ad all been drinking.
Gattaciten said he had no knife, The Witness said Gallagher had some-hing la hie hand, whic looked Tike nife.
Rosensexa said he could swear that he never took up a chair, and Gullagher clared that he was not present at all during the first fracas, when he was said to have put the leg of the table through the window.
'The Wrrsess, in answer to Ohief-Inspector Cameron, said the three deserters esonped in' consequence of the prisoners' interference, Sergeant Storey he went into the Prine tavern, into which Sergert Maced C. Lawn had gone to three d-serta saw them on the floor, and he and Sergeant Taylor went to their agsistange. He saw Rosenberg strike atSergoaut McDunald, with a chair; several chairs were throw and the window was broken. They then went out for assistance and returned with two other constables, Sergeant McDonald had his truncheon in his haud and Keeuey snatched it from him and struck him on the head with it; Gallagher then took the staff from Keeney. and struck P.C. Plummer with it. Witness did not seo where the staff struck Plummer. The police were obliged to go out, and as Jeaving' Gallagher, cause to the out to wine: will fix you yet before we have five days' leave coming to us, and I am a pretty good shot." Gallagher had a knife in his hand at the time. Sergeant McDonald went to the hospital and the other Police cleared out, The mon arrested for desertion got away.
Cross-examined, the witness said he was quite sure it was a knife, and not a ston that Gallagher had in his hand, " He also sure that Rosenberg took up' ach because he got a blow in the hoid from it.
P, C, Saver Lawaence said he wont into the Prince of Wales" tavern, in plain clothes, and called for a drink, He then looked round and saw two of the absentees from the Enterpriselyiug asleep in acorner of the room. He said to the lan lord, You hay toes from ti Enterprise here, Iandlord "Yes." Witness said They are adi the corner," and the landlord said " Yes, Ho then went out and returned with Sergt. McDonald and a French policeman, They were met at the door by Sergts. Taylor and Storey, who went in with them. Witness pointed to the sleeping men, and Hero are the men from the Lnterprise." They were going to tuke them into custody, when Heeney came up, seized witness by the collar of his coat, asked him "What are you going to do?" and struck him with his fist. Witness tried to apprehend Heaney for the assault, and then therowstarted, Heaney was the woratof the lot—the firat to begin, and the most violent, Witness saw Rosenberg strike Sergt. Me-Donald with chair, and Heouey strike him with a truncheon, Honey afterwards dropped the truncheon, and Gallagher took d swung it about the room like madman, He did not see Gallagher actually strike anyone; but he believed Gallagher had a wife im his hand, because he heard him holloaing out '1 will put it through you."
Gross-examined, the witness said he did not strike Heeney with his staff; it was under his clothes, and he could not get al because ho was afraid that if he unbuttoned his coat it would be torn off A sailor named Symond: the Alert, was ti tried to berg, mistaking him for a man named Thompson, belonging to the Enterprise, who was absent without lo 1d Heaney, interfer: any of the prisoners strike the Police; but he saw Sergt. MoDonald strike Lvoney over the eye with his staff, hero were 10 men from the Eiiterprise in the room.
Cross-examined, the witness admitted there was one man from the Enterprise asleep in the room, Wurm Krroen said the boys were enjoying themselves playing and dancing, the Police came in and ai
P. O. Lawrence was asked to show berg, (allow i omphis warrant; but he said warrant or no warrant he would arrest the man if the Then Tom Been any man out ing your warrant," and one of the constable struck Tom on the back of the neck. Witness saw McDonald strike Heeney over the eye with his staff. Heeney squared up and resented the blow, but did not assault McDonald,. Witness carried out all the chairs and tables aug pub them into the dining-room to prevent thei being used in the disturbance. He did, not see any of the prisoners strike the Police.
Cross-examined, the witness, when asi how he came to be so thoughtful aa remove the chairs and tables, said.it was because he was suber. He admitted that he was drank when he went to, the inu; but he fell asleep and woke up sober at about three o'clock. He denied having gone on board and told the men that they had dropped tables and chairs on, th policemen's heads and them to the hospital. The mou who, said that were not present at the disturbance at all His Honour asked whether the p were sober or tight" at the time.
The Witness said they wore half tight.
His Hoxour (to Sergt. McDonald)—Did on strike Heeney or not?
Sergt. McDoxarp—When the. chai ivas thrown at me, I used. my truncheon.. There were three mon attacking me, and Lused my truncheon, I can't say whom I, struck, Tuomas Mantix, a marine, was, the called, and corroborated. the evidence as to the Police having mistaken Rosenberg jompson. When cross-examined, how ever, the witness said in reply to most ques+ tions that ho did not recollect, and his Honour remarked that the witness. ai peared to of what took pi fioting, he was satisfied that the brit were all more or less under the influ liquor. The Police were acting under orders from this Consulate in arresting three deserters from the Enterprise, and he was sti flyd that these men, crat least two of them, in the tavern at the ti Whether or not it was the fact that the Police had sitemptod to arrest Rosenberg it mas not the appeared to ha ave taken a promi ing the police, It was a ady, and in Amer the offenders would be dealt with very But considering that cal fine of $16 each, Lo hoped this would be the last time they would have a cuse of this sort at the American Court. They had not had such a case before, and he believed this was principally owing to the tact wi the police performed their duties. He inflicted a tine of $15 in each easy, and ordered the payment of the c to be divided amongst the three prisone:
Text read from the printed page and cleaned; old type leaves the occasional error.