AN EXTRAORDINARY CASE.

Auckland Star, Volume XLII, Issue 148, 23 June 1911, Page 6

AN EXTRAORDINARY CASE.

SERIOUS CHARGE AGAINST YOUNG M4N. - . Extraordinary circumstances occurred in the ease l, leading up to tie arrest of Thomas Kingham (Mr. Allan J. Moody) i who was this morning charged at the Police Court, before Mr. E. C. Cutten, S.M., ■with having used obscene language in Karangatiape-road, Newton. In outlining the case for the prosecu- ; tjon, Sub-InspectoT Hendrey said that on the evening of-June ICth a respectable young lady was standing on the footpath of Karangahape-road, waiting for her escort, who had temporarily ieft her. A young man passed her on two occasions, once saying "Good night," No reply was made to this, and the young man then came up to the lady, and made use of vile threatening language. The young lady was very much upset, Imifc eho struck the man, who was accompanied by : another young man. The lady's escort came up then, and later a police aeTgeant came into sight, and the pair bolted. About a woek later the accused was arrested, and both the lady and the young man escorting her identified him, whale standing with others, at the Newton Police station. Evidence tvas given to this effect by the young lady concerned, who stated that she had never seen accused previous to ' the. occurrence. Evidence was also given by the lady's escort that when he came up, the accused, who was then walking away, said, "I'll knock your head off," and some other words, wiwch jjyitness did not hear. Accused pleaded not guftfcy, and in outlining the defence, Mr. Moody saS. "Ie allegations were very strange. Accused was a young man bearing a good character, and was the Bole eupport of his mother. The only evidence as to the language was that of the young lady, and by her behaviour in the witness-box, where she broke down, it could be seen that she was of a highly strung temperament. , Accused would deny absolutely having used the language alleged. Accused gave evidence that he was apprenticed to the Gan Company. On the ICth instant, in company with a friend, he saw the young lady, the principal witness for the prosecution. He had never seen her before. He was certain he made use of none of the language alleged. When the lady's escort came up there was no complaint ma.de, as, had there been, witness, who was standing quite dose to the lady, would have heard it He admitted saying "Goodnight" to the lady, but ho only spoke under the impression that he had 6rsl) been spoken to. Continuing lus evidence witness said the lady seemed to resent his having spoken, and called him a mongrel, at the same time attempting to strike him. Witness made some reply, in similar terms to those used 'by tlie lady, but no obsceno language was used.

Cross-examined, accused said he had had only three drinks during the evening.

Su-b-Inspector Hendrey: Do yon suggest that the young girl wa» acting , a part just to get you into trouble?— J. suggest that the words alleged -wore concocted. George Campbell, employed with accused by the Gaa Company, said he •was with him on the 16th inst. Passing the young lady, accused turned and said lie thought he knew her. Witness then hoard the young lady call out, "You mongrel,' , and thinking ho tniglrt be alluded to, asked who was a mongrel, lie was told the accused J wasi.'-V Cross-examined, -witness said ho lieard accused say to the lady, "Are "you not speaking to-night?" This preceded the remark made by the lady. You have a clear Temembrance of all I that passed in connection -with the case? —Yes. Do you remember telling SeTgeant McNamara later that you told accused he was a fool for speaking to strange women, and would get into trouble? — I said T told a<!cusfid that it was silly to talk to ariy woman in the street.' You denied at first that you knew accused?— Yes, I did not want to give hla name. After the sergeant told you' the language you gave accused's name, and said you weren't going to get into trouble for another man's wrongs?— Yes. Didn't you say accused was wrong to nse the language?— Yes, if he used it. You didn't say anything about "if Hie used it."