WHANGAREI POLICE COURT.

Auckland Star, Volume XLIX, Issue 11, 12 January 1918, Page 6

WHANGAREI POLICE COURT.

WHANGAREI, Friday. At the Whaugarei Magistrate's Court this morning, Thomas Donovan, fisherman, of Whangarel, was charged with using indecent language on 10th January within hearing of persons In a ptrbllc place, Bank Street. Mr. W A. Carruth appeared for accused, who elected to be dealt with summarily. Prisoner pleaded "not guilty." Constable Michael Power stated at 9.40 o'clock last night a complaint was made to him by Mr Patersen, who occupied shops next to Donovan's in Bank Street, that Donovan was ill-using his wire and using bad language. Witness went up, listened, and heard the language specified in the charge. At that stage the little girl came out and asked him to come, as Donovan was murdering her mother. He went ln and saw Donovan holding the woman down by the throat on the bed. When witness came into the bedroom Donovan went into tne corner, and took up a nee. Witness frustrated any attempt to use it.

To Mr Carruth: He was quite sure and positive of the language used. Donovan ami the -woman were quarrelling over cigarette. The indecent language could be distinctly heard by anyone passing. Accused was shouting. Martin iPatersen said he kept a small goodß shop In Bank Street, next to Donovan's. About 9.30 pjn. last night he quite plainly heard Donovan calling Ills wife various lilthy epithets. This bad occurred on previous occasions, and he had complained to the police to get it stopped. Mr. Carruth objected, to this corroborative evidence.

Continuing, witness said he was ln his shop when he overheard the language. He went to his shop door and again overheard some more filthy remarks made by Donovan to the woman. Witness could not say If Donovan was drunk or sober, but his wife was accusing him of drinking.

Mr Carruth withdrew the plea of "not guilty" entered before' the charge was' altered from "obscene" to "indecent" language. The only evidence of language being heard by passers-by in a public place was that of the constable, and It was just a question whether passers-by could have heard unless their attention had been specially drawn. No doubt Donovan was under the influence of liquor and excited, using words that be did not realise the meaning of. Drawing the distinction between "obscene" and "indecent" language, he asked the Bench to Impose a light penalty. Donovan's falling was that only a slight quantity of liquor upset him.

Taking into consideration accused's occupation, and plea made by counsel, the Bench was Inclined to take a lenient view, but drew the attention of accused that if he came up again on a similar charge, he would set the full penalty under the Act. He would be fined £5, in default fourteen days' Imprisonment. 'He would be allowed (on counsel's application) one month ln which to pay.