KEEPING THE PARK CLEAN

Hawera & Normanby Star, Volume XLVI, Issue XLVI, 28 April 1914, Page 3

KEEPING THE PARK CLEAN

YOUNG MAN SENTENCED

In the Magistrate's Court'on Monday, before Mr Kenrick, S.M., a young man named Percy Faulkner, for whom Mr ODea appeared, was charged on the information of the police with having assaulted a girl, 15 years of age. The complainant stated that on the afternoon of April 22 she and another girl, aged 13, were in the King Edward Park together, near the entrance to the lakes. The defendant, who was near by, came over and asked witness if she was going out, and she replied, Yes. He also asked witness her. name, and said he wanted to speak with her for a minute. Defendant called witness a little further away from her companion, and said his name was Boddam, a son of Detective-Sergeant Boddam. Witness then described threats which the defendant made to her in order to induce her to come out with him that night. Witness went to step back with the object of joining her companion and two other girls who had passed by, when the defendant placed his hand upon her coat to stop her from going. Sergeant McGrath: Were you frightened of the man? —Yes.

Witness added that the defendant again placed his hand upon her arm, and when she did go away she was ci-ying. Witness did not know the man, and did not see why he should have spoken to her. Witness said she subsequently identified the man among others in the police yard as the person who had spoken to her. Cross-examined by Mr ODea, witness did not consider the matter of the assault serious.

Three other girls, aged 13, 15 and 16 respectively, gave evidence in support of the prosecution. Mr ODea submitted that there was no case to answer.

The Magistrate: Do you suggest that putting his hand upon her arm is not an assault?

Mr ODea: Yes, if it is not intentional to apply force, or if there is not actual violence. Mr ODea quoted authorities to show that before an assault could be committed there must be some threatening act. The Magistrate considered there was a case to answer. Although the defendant had not used force, he had been in a position to do so. Mr ODea then put the defendant in the witness box. Defendant described himself as a. laborer. He said that on the afternoon •in question he was in the Park with a friend named Ross. He denied that he had represented himself as a son of Detective-Sergeant Boddam, and said that he had spoken to the complainant about a matter connected with his brother-in-law. Defendant alleged that the complainant had used bad language to him. Subsequently the defendant admitted that something was said in reference to De-tective-Sergeant Boddam. Defendant was cross-examined closely by Sergeant McGrath, who elicited the information that defendant and his friend had a demijohn of beer, although at first the defendant denied knowledge as to the jar and its contents^a fact commented upon by the Magistrate.

The defendant replied that he had made a mistake, and misunderstood the sergeant's questions.' This was the evidence for the defence.

Sergeant McGrath asked leave to call Mr L. O. Hooker, who was in the Park on the afternoon in question. The witness gave evidence as to seeing the defendant and another man in the Park ' with a demijohn of liquor, and as to their persuading a woman to go into a hedge, where they left her. Witness informed the caretaker, and the police. were communicated with. The uri-1 fortunate woman was asleep when taken' away by the police. The Magistrate said he must say from the outset that the case was not | one which could be met by a fine. The assault itself was nothing, but it was, the circumstances surrounding it. ln: this case the parties did not know each i other, and the defendant had no right; to speak to the complainant. They | had to keep the Park clean. It was an ideal place for women and children to spend an afternoon, and they had to see that people could go there with safety, without being in danger of being molested by any person. The defendant^ although not under the influence of liquor, may have been slightly affected by what he had taken from the demijohn, but there was not the slightest reason for his interfering with the complainant. Defendant alleged that the complainant used bad language to him, but one could hardly think that a young girl Avould use such language^ and it was also questionable whether she would do so to a perfect stranger and in a public place. Interference of this sort must be stopped, and he 1 intended punishing very severely ofj fenders for interfering with people in the Park. His Worship said he must accept the evidence of the complainant and the witnesses for the prosecution. He characterised the conduct of the ■defendant and the other man with the woman as disgraceful, and went on to refer to the action of the defendant in endeavoring to get the complainant1 out at night on the, plea that he had some supposed correspondence to give to her, which, he (the Magistrate) characterised a-s a serious offence in itself. Defendant had made the threats with

the view of getting the complainant to meet him at night, but she appa- ■ rently took no notice of him. "Is there anything known against this man?" his Worship asked. . Constable Kyne produced the Police Gazette showing that there was a conviction in 1909 against a Percy Faulkner at Wellington for attempted carnal knowledge. Mr ODea: You cannot swear that it is the sa.me Faulkner?

Witness: No. The Magistrate repeated that the Park had to be kept a safe place for respectable people to enter. Mr ODea remarked that the defendant's wife was about to be confined-. The Magistrate: I think that in this case a fine would not be the proper thing. He did not think there was anything much worse than interfering with people in public parks. He did not propose to fine in this case —it was too serious. _ Apaprently there had been nothing against the defendant for some time, otherwise he. would have imposed a pretty stiff sentence. He would sentence the defendant to 14 days' imprisonment, and he was letting the defendant down very lightly under the circumstances.