MISTAKEN IDENTITY

Dominion, Volume 21, Issue 189, 12 May 1928, Page 13

MISTAKEN IDENTITY

SEAMEN AND OBSCENE LANGUAGE

When the s.s. Kai Ora was leaving her moorings at I’ipitca Wharf on April 13, two members of the crew abused a police constable from the deck, using obscene language in such loud tones as to be heard all over the wharf. As the vessel was moving out-at the time the policeman did not take any action, but when the ship returned to Wellington on Thursday he went on board and arrested Sydney James, a greaser, aged 37, and Abraham Read, n fireman, aged 25, on warrant, and charged them with using the obscene language iu question. The two men. who were represented by Mr. F. I). O’llailoran, appeared before Mr. E. Page. SAL, in the Magistrate’s Court yesterday, and pleaded not guilty to the offence. The constable said that prior to the Kia Ora sailing he took a seaman who had been locked up for being drunk down to the boat, and placed him on board. I When witness left tlie ship the two accused commenced to use filthy language, screaming at him as loud as they could. The whole wharf hoard them swearing. The Ngain, which was alongside the Kin Ora, had women and children on the decks, but this made no difference to James anil Read, who kept-on cursing loudly until their voices could be no longer heard as the ship swung out to sea. Mr. O’llailoran: Will you swear, constable, that these arc the two men?—“l certainly .will,” As it was about 5.30 p.m. when this language was used it would be dusk nt the time.. would it not?—‘‘lt was quite light. I could see plainly.” Were the men standing by themselves sweating at. you or with, a crowd of others?—“They were with a crowd. They are the two men all right—of that I'm positive.” An employee of the Harbour Board gave corroborative evidence. Mr. O’Halloran submitted that there was no case, to answer. The constable was determined to get his men, but it seemed as If htf had arrested the wrong persons. The two accused would swear that they were on watch at the time the Kin Ora was going out. and knew nothing at all about the language. The engineer of the ship had been asked about one of the men, and he had stated he should have been on watch at the time. ■ Then there was the matter of, identification, which seemed out of order. The Harbour Board official should have been asked to pick out the two accused, who should have been in a crowd of others. Instead of that, he was qsked whether they were the two men who stood in the dock before him. “I really think,” said Mr. O'Halloran, ‘‘that the evidence is too weak to convict these men. and I respectfully suggest that the charge be dismissed. The Magistrate, without hearing any evidence for the defence, said that lie thought the charge must fail. A month had elapsed since the language had been used, and as counsel suggested, the constable may have made a mistake. As there was a doubt, the charge would be dismissed.