DISMISSED

Gisborne Times, Volume LXXI, Issue 11325, 1 October 1930, Page 7

DISMISSED

TWO SERIOUS CHARG-ER . AGAINST YOUNG MAN-EAlt*

MAG-IST.RAT£?S EEFEiIB^CES

' ‘HOIARKB MOST - FOR AND MISPLACED

After a very lengthy Hearing: the Magistrate's Court on Monday of two “charges of alleged gdgnt exposure hy a tho Magistrate, Air P.-H. Harpsr, S M -avo his decision yesterday,, after’ m company with Sergeant Ch&y and a It- B. Mill, hang inspected tlio? house -where the 4 W cc l olfenco occurred. After review ing the case tho • Magistral said there waR an-element of doub>, and the charges would bo dismissed.. Mr Harper also rnado an. order for th suppression of the’mans name,; : On the previous day tho principal evidence was given by threO< ffchooß girls,' who despite a examination bv Mr It. R*, ; TLill, appeared ‘ for' tho accused, were unshaken in their evidence. Iri opening £enso on Monday, Mr ifjllasserted thut tho two girls who said seen accused indecently exposed were of tho neurotic type ed the Alagistrate to . “look a-t- these women and girls- sitting' there and enjoying - it.” The same subject propped up again yesterday and tho Alagistrate stated that Mr Hill s remarks “were most uncalled for ana misplaced.”- . , , . , ’ The Alagistrate. m giving ins decision, said ho had given serious; consideration to tho case and-had 'Viewed the house and tho locality; .Tiler - was no reason to doubt-tho evidence given by the girls'. - They were certain in their own minds they saw the accused in the position described, and despite tho laet that they were submitted to a very severe crossexamination hy counsel they .were still unshaken. The; evidence.of-the -o-irls -was * very strongly corroborated by one girl’s mother, and. lie .(the Magistrate) was also "quite - satisfied that this mother saw the accused as she had described. The accused, on the other baud; admitted that probably on the day in question he was in the position seen by witnesses. But'the essence of the-pcilice charge was nob exposure, bub thab such exposure was wilful. Accused explained that he had becii in the habit ot changing his clothes ' in a . particular place, and on each of tho occasions named he was to visit, a - doctor, and that in changing his clotnes fie might possibly be partly - seen from tho street. It seemed inconceivable that the accused could have been seen by passers-by as described - unless he got into that position by‘the window to expose himself deliberately. The accused said the cord to t'h’o window blind was broken, and that be was ifi the habit of having his window half up and the’; blind partly pulled down. He -said he mio-bt have been seen-by people in the street when his own view was obscured bv the blind. “Now a charge of such great consequence as this should bodproved to tho hilt”, continued the Magistrate. “I must say- I have very - grave doubt of defendant s story,.but it has just the-shadow of a doubt in it, and a’ccasc-d ■must receive the benefit of the doubt-.' ’ The evidence of the girls and the woman, he continued, cast a. grave suspicion on accused but nevertheless there . was that element- of doubt and the charges would be dismissed. ' Air Hill applied, in view or. the fact that his-client- bad been .acquitted. for’ the suppression of Ins name, as its publication would be harmful.<T U w -fiat wav would it .lie harmful? 1 ” asked the Alagistrate , Air Hill: “Where; there s.smoke there’s ■ fire. People would- point to accused and say lie was lucky to be acquitted.” Counsel contended m would affect liis employment. Tho Alagistrate said his "employers . were in tho. Court yesterday, and lie asked if the man would ho likely to lose his employment. Air Hill went to the man’s employers at tlio back of tho .Court and consulted with them. . v . Sergeant Gulloty said. ho thought) that in tho interests of the public the man's nauio should bo published. Air Hill, after consulting- with tho mail’s employers, said the charge would not affect his employment, but it would bo a. serious inconvcnienCo if the-man’s name went lmtlio ncwpapcrs. His employers miglii} have to shift him to another distriThe Alagistrate said each application for ■ tho suppression of names must bo judged oil its merits. In this case tho charge was of a particularly revolting nature. The Court had a. duty to protect women. arid. children from exhibitions suck as this: . One point in favor of accused was his excellent character; his employers spoke very highly, of him. Therefore lie came within tho provisions of the Act which allows the Court-deci-sion on such matters. In view of the circumstances that might follow t-iie publication of tho name I will grant tho request”, said tho Magistrate. Sergeant Gulloty asked if in view of tho indignity to whieli' the witnesses were put,' would ’ the Alagistratd commend these girls for -tlio manner in which they gave their evidence. ' ■(- Air Hill: IF the sergeant is casting a reflection on my comments, I-. want to object. I was perfectly entitled to ask tho questions I did. T.y»* • ’ The Alagistrate s'aid Air Hill was quite entitled to cross-examine > tho witnesses the way ho did. "His remarks in opening on- behalf of the accused, however,” continued Air Harper, "wero most uncalled.' for and misplaced.” • : - Air Hill said ho was putting "before the Court the fact that iii-tbcso days of sex plays, sexi. talk,' sex books,‘and sex pictures, .a; form of sex complex was created, and that young people were; imbued with a morbid curiosity.' “1 didn't attack the girls, as one newspaper stated”, ho said. *TV hen each -one -had given her evidence she sat down -and as tho last, tho mother, had given- evidence sho sat down .with-them. The Court wa s' ' cleared • because '-tho J case was so revolting. I-,said those people sat there because - they Ywquted fiijo hear tho case for.tho defences "They wanted to hear’what was‘being;said. T say that a mother; who' wanted to preserve tlio purity- of-, her child should have taken' her ■ immediately out of tho Court. A-s/au ‘.exaffiplfe," J said the' children liad a ; morbid iosity; that • thoy -wero. an ' example . 'of.' what I \rits "saying.; If-1. ;ahi) riot entitled to” say 1 that?Triot: entitled -"to say * anythirigr : Sergeant Culloty;ihp? ; : witneages ' wore there because, they-wore ;toldyto remain: in ilia ’Court-: 1 It; li&si hrivays . been thiV-custom-; id’, tell ; witnesses rip , remain in Court--when tliey " Faya given .their-evidence! -■ • v-svR-i . -yy-f; 'Tlio Alagistrate: (They - ■ to>j©main until they arp given to gC. e' * , s§. - : Air .Hill: :-The case-.for >.th9)pr<i§p-, eution had closed, and'thdreixtastria reason) for them tor remain'. Sergeant! Cullbty": " )T"h"ere • )wa3 a likelihood of'"tho witnesses: being..re'called. • ri-W . • Air Hill: They shoqld’ havo Lgphd to- tho ladies’sw'aitirig riooihA> i Tho Alagistrate You forgot Mhafc.. tho wfikiossosiwero'prpbgblyjrihSiVafiO that - thev -could deaveh y•; Afr Hill: I say • tho mother (should not have allowed Ythem -' to remaig* She should have-inouirriL • • Tho Alagistrato£glfe..had nb;chanoft to do so. I must *ay'thatlthetgifls [and *--&»•: otherk i -evideiiiiSß (Very ’respectably-'Slidtariff; modestly' aritßl ■am sur&qth|f© .no morbid curiciitj.” '-.X-