AN ELASTIC ACT.

Auckland Star, Volume XX, Issue 179, 30 July 1889, Page 5

AN ELASTIC ACT.

IT CANNOT COVER EVERYTHING.

Last Sunday afternoon a disturbance occurred in Lower Hobson-streefc, afc the house of a woman named Maria Wilson, and the result was that some girla smashed the windows. The occupier of the heuse did nofc take proceedings against the offenders, bub the police subsequently arresbed Agnes Austin, Amelia Barrett, and Lily Barrett, on the charge of having no visible lawful means of support, and being idle and disorderly persons. The caso was heard at the Police Courb this morning beforo the R.M., Dr. Giles.

Agnes Austin was firsb placed in the dock. She pleaded guilby fco the charge. Detective Hughes gave evidence as to the character of the girl. He also stated that there had been a row in Hobson-street last Sunday, in which the accused was concerned.

Inspector Broham was proceeding to call Mrs Silva to give evidence as to the disturbance. Dr. Giles, however, ruled that it would not bear upon the present case.

Mr Broham argued that it would tend fco show fche character of the prisoner. Dr. Giles said that the mere fact of the accused being onco concerned in such a disturbance was not evidence that she was an idle and disorderly person.

Mr Broham said it was a serious matter. The police were continually receiving .complaints about the conduct of these prostitutes, and then when they found them concerned in a disturbance, that evidence was shufc oufc.

Dr. Giles said that although the prisoner had pleaded guilty, it was necessary for the Court to use discretion as to whether she knew what she was pleading guilty to. He had already said several times in such cases that the mere fact of prostitution did not bring persons within these clauses of the Act. If it were shown that she was a public nuisance it would be another matter. In the present case the defendant was stated to have broken windows, but thafc could not be brought forward in the present case. He therefore discharged the accused.

Amelia Barrett wa3 next placed in the dock and pleaded not guilty to being an idle and disorderly person.

Inspector Broham said that he was in an unpleasant position. Complaints were received, persons arrested and broughb bo Court, and wibh the result thab they were discharged. He had no other evidence to call than what had been forthcoming in the previous case ; and he supposed that would be shut out.

Dr. Giles remarked fchafc he could not say whether or nob such would be bhe case until he heard the evidence.

Detective Hughes was called, and deposed that he had known the woman for five years as a woman of the town, who haa no lawful visible means ot support. Witness was present at the residence of Maria Wilson when a disturbance occurred.

Mr Broham said that now he had arrived at the point where the evidence had been refused in the previous case.

Dr. Giles said he had not said that, in fact he had taken down evidence as regards the disturbance. But he had said that unless she was first convicted of breaking windows he could not admit ifc as evidence in this case.

Mrs Elizabeth Silva deposed that she was a married woman, living in Lower Hobsonstreefc. On Sunday, the __lst of the month, a disturbance occurred at about 4.30 o'clock at the house of a woman named Maria Wilson. She did not know how it arosa. A young woman was breaking windows, butnofc the one in the dock. They were all using bad language. She did not know the name of the woman.

Maria Wilson deposed fchafc she resided in Lower Hobson-sfcreefc, two doors below the last witness. She was out when the woman came and broke the windows.

Mary Dean deposed to being present at the disturbance. The defendant; andjtwo other girls were at the house. Some young fellows brought some beer, and soon after a row occurred. It started through Agnes Austin striking Annie Costello.

Miss Eliza Stevens, a resident of Lower Hobson-street, deposed to having witnessed the disturbance. She saw girls drunk, and breaking windows. A man camo and chased them away. The children were at the time coming home from Sunday-school. Witness heard bud language. Could not recognise the girls. Dr. Giles said that ifc was desirable thafc fche police should attend to complaints in such cases, and it was also desirable that the police should, as far as possible, be upheld by the Bench, but it was also equally necessary that they should administer the law. He would therefore dismiss the case.

Lily Barrett was then put in the dock and charged with a like offence. She pleaded not guilty. Mr Broham said that this was a similar case to the last, as the girl was one of the same crowd, but if his evidence was shut out ib would be useless proceeding furbher. He was very glad bhat His Worship had laid ib down clearly, as fche police would now know what to answer to any complaint which might be received. Dr. Giles said : I think Clause 23 of the Police Offences Act will deal with the matter.

Mr Broham: Thab is only in cases where they are importuning people. It is no use to bring them up under that clause, as people will not come here to give evidence. He did not propose to call any evidence in the present case. Dr. Giles accordingly discharged the accused.