DISMISSED

Gisborne Times, Volume LXVII, Issue 10476, 5 January 1928, Page 2

DISMISSED

ALLEGATIONS PHOTO . ENLARGEMENT CANVASSER.

The story of the “push” of a photographic- enlargement canvasser, Harold'Hector Roy ..Babb, who is an empJbyeegoL a picture ■ sales ~ firmto obtain orders'" and how it landed him"' in dock, of the Police Court on two charges of common and one of aggravated assault on children of a Gisborne home which lie visited,: was related ,to Mr E. Q. Lcvvey, S.M., yesterday. Babb,, who; was represented by Mr. L. T. Barnard, pleaded not guilty. The incidents occurred on December 28, when Babb, a photographic enlargement canvasser called at a house in Gisborne. I According to Senior-Sergeant McLean, Babb pushed his way into the- house and into the drawing room against the wishes of the woman of the house Ho proceeded to the wall, removing a photograph, which ho said he was taking away to have classed. Later in tlie afternoon he called, the door being opened by a. visitor to the house.. His conduct was very cheeky. After entering the room lie made himself out to be orio of the family, started to play with the children, kissed one, got another between his legs and tickled her. ; . - ' . v. BEEN “HAD” BEFORE.

On being called jo the front door on the morning of December 28, the lady of the house stated/ that Babb confronted her with- a case ‘displaying his photographic enlargement wares stating that he represented a firm outside Gisborne. “I've had the same thing before and I was ‘had,’ ” she told Babb, who, however, insisted this was a. different class of work altogether and once she had viewed it she would change her mind. Ho persisted in his arguments and as he iiad edged his way into the hall, she finally, not wishing to be nasty, invited him to show the enlargements in the sitting room, giving him to understand sne did not intend ordering anything as not only had she not the means, but her husband was opposed to the idea. Once inside, Babb took a photograph of her husband out of a frame on the mantelpiece, declaring his intention of taking it away for classing, despite her protestations that she u:d not want an enlargement. Noticing her oldest daughter, aged 14, Babb then asked “Have you got a photograph of cheeky face?” and attempted to catch hold of the girl, who eluded him. The gill returned with a photo, of herself when a buliy in arms.

“A HUMBUG.” “I’m sure you’re a humbug of a man,” declared witness to Bnbb, who gave hqr a receipt for the photograph he was taking away, but which did not indicate the firm he was representing, with an assurance that he was not.

Mr Burnard: He’s a pushing sort of man?—Yes; he pushed his way into the house and thus compelled me to invite him to enter.

Didn’t he call your daughter “cheeky face” because she gave him cheek?—No, my children are not cheeky to strangers. Didn’t- she “cheek” him in a pleasant way?—No. Did she smile at him?—She mar have.

Answering a suggestion that she would have been pleased if Babb had returned with a good enlargement of her husband’s photograph, witness protested she would not have been, declaring she bad been “had” before and her husband did not approve oi it.

“I have never shaken hands with Bribb nor wished him the compliments of the season,” she asserted. “He was a nuisance and I wanted to hustle him out of the house to attend to the baby.”

“KISSED HER.” A little girl of six years, a daughter of the previous witness, cleclared that Babin had taken her on his knee and kissed her, ail action- which she disliked,. Her mother was in the room at the time.

The eldest girl, aged 14, stated that- the first- tjjne Babb called, whilst her mother was out of the room, Biibb put his arm round her waist and asked her name. She 'moved away round the table and Babb followed her, edging closer a.s she retired, being afraid of him. “The next day Babb visited the house” continued the witness, “he came into the kitchen where I was fixing the fire and started call•jng me ‘Baby-face,’ which I didn’t like. I picked up a piece of wood arid the poker and pretended to hit him, but I didn’t.”

“It’s a pitv von didn’t,” remarked the. .fi.M;. “•Babb wouldn’t go away, and kept saving ‘Good-bye, Baby-face,’ and wouldn’t leave until I said ‘Goodbye.’ ” Mr Rhirnard suggested that the defendant was only fooling. “Possibly' lie- was just inside the law,’’ remarked the S.M. “I’m not sure yet, but on the evidence so far it looks like that.”.

“KICKED HIM HARD.” Another girl declared that Babb bad caught her round the waist and held her betw r een his knees. “I kicked him on the leg so he let me go,” added the girl, amidst laughter. In reply to Air Blurnard, the ( girl said that this occurred on the occasion of the following day’s visit by Babb. On counsel’s application this evidence was not admitted, the charges relating to incidents, on December 28.

CASE FOR DEFENCE, For tho defence, Mr Burnard said it'.‘was a case of an unfortunate canvasser who, as every oho well .knew in these,hard times, had to press his wares fto- obtain .’orders... . Naturally, on gaining; admission to the house, he tried to make himself au fait with the. mother by paying attention to tlie children and .it was a. perfectly natural act for him to .kiss the child and thus, endeavour .to please the mother. Of course, people had different ideas about, being kissed by strangers; particularly on aecouht of the communicability of bacterial diseases by kissing, but in this instance the mother was present and took no objection to the act. He submitted also that it was not an unnatural thing.for a man to put his arm round a child’s waist; particularly when looking at anything together and' die urged’ that the Magistrate should dismiss the ; case as trivial. Counsel contended that there had been too much made of the' case. When the man was first charged the police objected to bail and the press reports implied that, serious - charges were , pending, whereas the charges were only of common assault. ' . The Senior-Sergeant contended that surely .the action of a. perfect stranger, and a cheeky blackguard at that, in going into a. house and kissing one child and nutting his arm round another was sufficient cause for a conviction for assault...* ■

The Magistrate remarked ■ that, .if tho evidence, substantiated the statements that • the girl was kissed against her wish it would-be sufficient, but the action was done in the presence of the mother, who apparently did not object to it. It was therefore not an assault of*the character which the police, officer alleged; He was not prepared to dismiss the case as trivial, however, suggesting to counsel that defendant should be put in. the witness b!ox.

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Counsel demurred, suggesting that there was nothing in the case to warrant this action, pointing out that the law of common assault provided that, there had to be an objection to the action before an assault took place. . 1 * V.. ' - • MAGISTRATE’S STRICTURES.

. "• “It may■’be necessary for you to be pushing and importuning your way into houses in this way;” remarked the Magistrate, ‘‘arid in this case 1 would give a lot to know what sort ol game you were up to. If I could have made up my mind on the matter'as to what your intentions were in .handling the children like this I would have given you a sentence which would have surprised you and might •have done you a world of good, both you and others like you.” There was, however, ho added, the slightest doubt in his mind which had saved him by the narrowest • margin, but there was also a nasty inference at the back of tho whole affair. “If it is 'necessary for you and others .to •ilhportune yourself into houses like this, the sooner you get out of the town the better.” Defendant would be given the benefit of the doubt and the information would be dismissed.