TRIED BY JURY

Evening Star, Issue 21639, 7 February 1934, Page 9

TRIED BY JURY

OBSCENE LANGUAGE CHARGE IN SUPREME COURT YOUHG MAN FOUND GUILTY Having elected to be tried by a jury on a charge of using obscene language in a public place instead of being dealt with by the magistrate in the lower court, Leonard Francis Heller this morning appeared in the Supreme Court. Accused, who ' was not represented by counsel, pleaded not guilty. The Crown Prosecutor (Mr F. B. Adams) said that about 7.25 on the evening of December 9 the accused went to the Terminus Hotel and asked for liquor, which was refused. He went out into -Rattray street, adopted a. fighting attitude, and wanted to fight the licensee, who asked him not to create a “ scene.” Accused then called out the indecent language alleged. Three of his friends came across the street and tried to take him away. At the corner of Rattray and Cumberland streets accused made further indecent remarks. _ The daughter of the licensee was within hearing at the time.

Patrick S. Flood, licensee of the Terminus Hotel, gave evidence on the lines of the statement of the Crown Prosecutor. He said he reported the occurrence to the police about twenty minutes after the accused left.

Valmai K. Flood, aged 17, the daughter of the licensee, gave evidence corroborating that given by her father. Constable Kirk said he told Heller that a complaint had been made that the latter had used obscene language outside the Terminus Hotel. Heller said he had not been near the hotel that day. Witness asked him to go to the police station to make an explanation and he agreed. At the request of Heller they called at the hotel and saw Mr Flood, who said Heller was the man. Accused asked Flood for a chance on account of his wife and children. Then they went to the police station. Accused was not drunk, but was under the influence of liquor. In a statement made at the station accused said he heard other men abusing Mr Flood “ something awful.” Evidence was also given by Constable Summers. Accused said he had no witness to call, nor did he desire to give evidence himself. The Crown Prosecutor briefly addressed the jury, pointing out that the case rested on uncontradicted evidence.

Accused, addressing the jury, said that in the Queen’s Gardens he met three or four men who asked him to get a couple of bottles of beer. He said he would try and went to Mr Flood, who told him he could get no beer. When he went outside the hotel the other men came across and started cursing Mr Flood. He told them to “ cut it out ” as Mr Flood’s daughter was about.

His Honour having summed up, the jury retired at 11.50 ami returned u. 12.17 with a verdict of guilty.

Accused '.Tiis remanded tor sentence till 3 o'clock tin’s afternoon.