MAGISTRATE'S COURT

Nelson Evening Mail, Volume XLVII, Issue XLVII, 26 April 1912, Page 6

MAGISTRATE'S COURT

.FRIDAY—APRIL 26,1.912. (Before Mr J. S. livans/S.M.) i DRUNKENNESS^ •For being found drunk oil Wakefield Quay the Port, on 20th ins., Thomas' Goldsmith, H. G. Stevens, Da\id Patterson, and Fred Gale, nrerreri ion the steamer Alexander, were eaehjeonvicted and fined ss. Chas. Carrigan, a fireman on the steamer Corinna, for being foiad drunk in Bridge-street yesterday, wastonvicted and fined a similar amount. f CHARGES OF OBSCENE LANGUAGE Chas. Carrigan was also charred, on the information of the Police, w/th using obscene language in St. John's-sjreet yesterday. Accused elected to be ciealt with summarily, and when asked V) plead said he did not remember usiag the language complained of. % Sergeant Mullany conducted the case for the prosecution. \ Const- 1 ' > Tmvnsend gave evidence that while arresting a companion, of accused's for drunkenness, Carrigan followed him striking at him and using the language complained of. There were many people within hearing when the language was used. The man was drunk at the time. Sergeant Mullany gave corroborative evidence. Mr Evans said that this was a class of offence that always merited punishment. The fact that a man was drunk was no excuse for such an offence. If a man could not control his tongue he should not e-et drunk. Accuseo. wou-d tie convicted and fined £3, in default three days in Nelson gaol with hard labour. Sydney Lamb, tailor, wa-s charged on the"information of the police with, on the 13th inst., (1) using obscene language in the bar of the Masonic Hotel, and (2) using indecent language .in the same place. Accused elected to be dealt with summarily, and pleaded not guilty. He was defended by Mr Hayes. Sergeant Mullany who conducted the case for the prosecution, called A. Van der Burgh, insurance inspector, who gave evidence as to the languageused by defendant, who had been refused liquor in the hotel. Accused was under the influence of liquor at the time. Witness stated that the language was used in the presence of the barmaid who was j very upset, and he deemed it his duty to [ make Lamb apologise to her, which acI cused agreed to do, saying he was very sorry for what he had done. I Ethel Mary Noble, employed in the j bar of the Masonic Hotel, stated that she I had not been upset over tne language I used, but was very annoyed. At Mr I Evans' suggestion witness wrote down her version of the language complained jof and on perusing it, his Worship said that it hardly called for an apology). ■Continuing her evidence, witness said she was not shielding the witness in any way. On being shown the sumomns by I Lamb she was very much surprised <o I see what was'on it. She had not heard ! the language used as stated by the last I witnes?..

To the Police : She was very much upset, but was hot crying. She did not remember having any conversation over the telephone with anyone in regard to the present case. She had had conversations with others besides accused in regard to the charge, but they had not asked her to suppress any evidence. She did not henT the language stated to have been used bv Lamb. When accused aspect for drinks, she told him to clear out, and she walked to the other end of the bar. When accused came back to her. to apologise he said that he was very sorry for what he had said. She remembered an interview with Constable Drummond but did not remember telling him that Lamb's language was extremely filthy. By Mr Hayes: She was angry w-.th acused when she told him to get out. This was the case for the police. The accused, on being sworn, stated that he was in the Masonic Hotel on the date in question. He denied the language stated by Van der Burgh. He told Van der Burgh that he had nothins to apologise for; but did so simply for the sake of getting rid of Van der Burgh, who was trying to make a show of him. He had used no objectionable language. . By the Police: He was quite clear as to what took plaee in the bar. He had had a few drinks "on" ; but he was not drunk. The barmaid might 'have thought he hsd had enough, as she refused to serve him. Just previous to this he had been served by the licensee. When he | went out of the bar Van der Burgh loi- , lowed him. He had apologised simply i to get rid of Van der Burgh, whom he had told he had nothing to apologise for. Witness was not in the habit of vising bad language. He had been convicted for using bad language about four or five vears ago. He had not been spoken to by the police for using bad language or as to his general behaviour. He had been locked up twice. He declined to answer whether he had ever been before the Court in Sydney ; but his Worship said he must answer, when he admitted that such had been the case on two occasions —once for lying in the Park and the the other for beine drunk. He had never been charged in Sydney with using bad language. . To Mr Hayes : He would have apologised to anybody to prevent an excitable man making a scene He had no cause whatever for using the language complained of bv Van der Burgh. The case at this stage was adjom-nnd till this afternoon, to procure a, witness for the defence, after hearing who the Magistrate dismissed the information. Sidney Lamb was further charged on the information of the police with using :ndeccnt language in Hardv-street on 13th inst. Accused, who elected to be dealt with summarily, pieced not guiltv. and was defended by Mr Hayes " The charge arose out of the previous ! Ca A 6 'Van der Burgh, called by the PoI lice,'stated the language complained of was wed by the accused m Hardj-streot, ' immediately after the previous troab.e. ■ Accnwd also wante to fight witness. Herbert Macdonald employed at the Post Office, said he heard Lamb, who he would say was sober, cnallengmg Me previous witness to fight. ' Bv Mr Haves : Van der Burgh was m I a very excitable state He did not hear S Lamb use any worse language than Van ! d Van der Burgh did not ; mention at the time that Lamb had use-, l3UEuage. . . . , , The accused, :n giving evidence, de- ! nind using the language. The Magistrate reserved his decision -n I order to look up a point raised bv Mr i Hayes as to what constituted ».«,W.„t ; language.