JURY ACQUITS PRISONER
Sequel to the visit of a policeman to a house at One Tree Hill on April 16, Lily Lamb, 51, a married woman (Mr. Quartley), stood trial by her own election to-day before Mr. Justice Cornish and a jury on a charge of using indecent language within the hearing of persons in a public place.
Called by Mr. G. S. R. Meredith for the Crown, Constable L. S. Chisholm testified that when on business in Waiohua Road, One Tree Hill, in the evening, he heard accused, in her own kitchen, "vituperating a neighbour at the top of her voice," using the indecent language alleged. When spoken to she said, "111 do as I b well please in my own home."
To Mr. Quartley the witness admitted that earlier that evening, when he served a summons on Mrs. Lamb about trouble with a neighbour, she gave him a tongue thrashing, called him a strife hunter and accused him of favouring her neighbour and seeking promotion at her expense.
For the defence, John Lamb, a son of accused, said he was in the house at the time and heard his mother talking in a loud voice about a neighbour. She did not, he said, use most of the indecent words stated by the constable, but she did use the word "bloody."
Mr. Quartley submitted that after having been "dressed down" by accused the constable was prejudiced. Counsel further pointed out that the house in which the alleged language was used was a brick State house situated. 34ft from the road, so there was grave doubt about the words being heard in the street As to the word "bloody," that had been ruled indr ;ent in a Supreme Court decision 30 years ago, but since then the , world had progressed, and the word had been used in plays by G. B. Shaw and others without public offence.
His Honor: I will allow that word is not serious.
Mr. Meredith reminded his Honor that the Supreme Court had ruled the word to be indecent.
His Honor: That was 30 years ago. While it is vulgar I am not prepared to saw it is indecent. The type of thing that is indecent is the other words that raise disgusting thoughts in the minds of people, particularly young people.
After a retirement of ten minutes the jury brought in a verdict of not guilty.
In discharging accused his Honor advised her to restrain her temper lest she get into further trouble.
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NOT "INDECENT", Auckland Star, Volume LXXVI, Issue 182, 3 August 1945
NOT "INDECENT" Auckland Star, Volume LXXVI, Issue 182, 3 August 1945
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