"MOTHERS' THANKS EARNED BY BUCK WITNESS THINKS," Toronto Star. July 4, 1933. Page 1 & 2.
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Many Should Be Grateful to Communist Leader for Acts in Riot, Court Told
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ADVISED CONVICTS
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Accused Man Accepts Deputy Warden's Explanation of "Ruse"
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Special to The Star
Kingston, July 4. - Leg-shackled, in pairs, fourteen convicts came to the court house here this morning to bear witness in the defence of Tim Buck and Adrian Vandergayt, convicts accused of rioting last October at Kingston penitentiary.
Buck, who is being tried by Judge G. E. Deroche, is defending himself. He called Anthony Becker as his second witness.
Becker was employed at the blacksmith shop on the day of the riot. He said that on seeing a gang of men descend to the ground from the tailor shop, via a scaffold, he had pulled the switch controlling the power in the shop.
"What made you pull the switch?" asked Buck. "I pulled it impulsively," explained Becker.
Buck had come to the guards and told them in a respectful manner to go to the mail bag rooms, witness said.
In the mail-bag room Becker said he had seen Garceau and Behan make speeches.
Buck Didn't Speak
"If I had made a speech you wouldh ave heard it?" "Yes."
T. J. Rigney, K.C., for the crown asked Becker how far Buck had been from the switch when it was pulled. "About 30 feet," witness said.
"What was the reason you pulled the switch?" "I saw men coming.from the tailor shop so I walked over and pulled the switch."
"What has the men coming down the scaffold to do with the pulling of the switch?" "I had heard rumors."
Mr. Rigney pressed for an answer as to the connection. Buck objected, saying that in his estimation the question had been answered.
Mr. Rigney wanted to know what witness would do if he saw a horse coming down the street.
"Well," drawled the witness, "it all depends on the horse - " he broke off laughing. The court also laughed, and Mr. Rigney changed his line of questioning.
Becker said that Buck had come into the blacksmith shop and he had asked where he was going. Buck said he was going to tell the officers to go to the mail-bag room where they would be safer.
"Was there anyone else there when Buck spoke to you?" "No, just the two of us," replied Becker.
Spoke to Officers
Buck had then gone to the officers and communicated his wish for their safety. The officers had spoken regarding changing their clothes, and Buck had told them they could do as they liked, witness stated.
One of the officers had changed his clothes, and the three had left to go upstairs to the mail-bag room.
After the departure of the officers Buck and witness had walked slowly along the hallway and eventually they came to the mail-bag shop, he recalled.
Becker said that Buck did not make a speech in the mail-bag shop.
"You're positive of that?" "Buck did not make a speech in the mail-bag room," said Becker in a firm voice.
Buck complained to the court that he had been taken to the north gate at 7.30 this morning to see Mr. Nickle, who is assisting him with his defence.
"They told me Mr. Nickle had telephoned that he wanted to see me there. I was kept there without breakfast until I was brought here. Mr. Nickle now tells me that he did not telephone.
"I have had no chance to see my witnesses because of this ruse and I would like an adjournment for a few minutes in order to do so. And also to get some breakfast."
An adjournment for 15 minutes was ordered by the court and arrangements were made by Sheriff R. F. Vair to have some breakfast brought to Buck.
A Misunderstanding
On the resumption of court, Judge Deroche told Buck that Deputy Warden George Sullivan had explained the circumstances of the ruse.
"It was clearly a misunderstanding." stated he.
"I think it was your honor," commented Buck.
One of the men who some years ago escaped with "Red" Ryan and others, Thomas "Shorty" Bryans, was the next witness called by Buck. Bryans hobbled to the stand with the aid of crutches. Buck asked that the witness be allowed to sit down and permission was given.
Bryans said that he had heard rumors of an impending demonstration and that when the motor stopped he thought it was a signal. He had gone to the dome where Buck, Garceau and others had talked.
Buck had stated that Deputy Warden Walsh had asked him to speak to the men. Garceau, he said, had spoken to the men, telling them that he understood the boys were out for reform and better conditions.
Sam Behan, who was acquitted on Saturday, had spoken about "unity and one for all, all for one," said witness.
"Who said that?" asked Buck. "Sam Behan did."
He recalled that Buck had stooda round during the demonstration but had not spoken until after the warden had made a speech. Buck then told the men that the soldiers would not harm them as long as they kept calm and did no violence.
"You then advised them to collect water because you said the place was a fire trap." asserted Bryans.
Unsolicited, Bryans sald: "There are women and children in Kingston, in fact, in Canada, who should he grateful for what Tim Buck did that day."
"What do you mean?" inquired Buck. "Well, what you did to keep the thing quiet and peaceful," eplained Bryans.
Can't Tell of Bloodshed
Mr. Rigney asked witness what he meant by the statement regarding the gratitude of the mothers and children of Canada.
"Well, for the speeches they made - and the way they put things over."
Buck wanted Bryans to elaborate on this but when witness started to tell about prison riots he had been in and the amount of bloodshed there had been the court objected.
Three speeches had been made in the dome, said Wm. McKenzie, another convict, by Garceau, Behan and Warden Smith. After the warden's speech Buck had spoken but witness was unable to say what time had elapsed. Buck, in his speech, had told the men that the warden had telephoned for troops but that they should feel no alarm as long as they behaved themselves, said McKenzie.
Went for His Cake
The next witness, Clifford Hines, stood in the box and answered the questions with contrasting flashes of white teeth against the dark background of his face.
Buck asked who had pulled the motor switch.
"Is it necessary that I say who it was?" asked Hines.
"The man in question is quite wiling that you should," advised Buck.
"It was Becker," answered witness.
Hines said he was positive it was Sam Behan who had made the statement "One for all. All for one."
Buck had warned the men not to act violently and therefore they would come to no harm. This speech had a quietening effect on the men, Hines claimed.
Hines said he had returned to the blacksmith shop to retrieve a piece of cake which he had left there, in case of a siege.
"Are you suggesting there are thieves in the penitentiary?" asked Buck. "Yes, I knew there were some."
"Did you get your cake?" "Oh yes. It was there all right," answered witness, with a broad white smile. The court smiled with him.
