WALTER'S WOOING.

NZ Truth, Issue 80, 29 December 1906, Page 4

WALTER'S WOOING.

WHAT THE GUNNER SAW.

Officious Artilleryman and Late Open-air Sleepers.

Young Girl aud Mau Doss Out

Together.

One Walter Anderson, a sty liwhlyattired young fellow, who hag. ' been m. Christchurch • only a -few months, and who is believed to have' come from Dunedin, has got himself into& nice pickle. He stands charged with obs tr ucbih-K v Gunner Taylor- -while m the execution of. his duty at the Exhibi tion, ? and ajso with being an idle and disorderly person having no lawful visible means of support. This means that he is a vagrant. The facts of tlie. case are very much out of the common. Gunner Taylor is'" one of the Permanent Artillerymen who are doing police duty ou the grounds, and he is pretty well known m the. fighting ring ; m fact he was champion of Maoriland. However, at a quarter past nir;e o'clock t'other morning he was on duty m the Zibishun gardc-ns when he noticed a couple lying m the long grass asleep. One was Anderson, and the other was a short-f rocked kiddy of tender years. It was very evident that they had slept there all night ; stiH they were sleeping very hate, and the unusual sight perturbed Taylor, who" woke 'em up. He had a squint at. the girl and asked her name. His -reason was that a girl named McSweeney had escaped "from Te Oranga Home, where "hard cases" are confined, and he was told to keep a look out for her- He thought THE GIRL LYING IN THE GRASS with Anderson (whom. he didn't then know) resembled the description of the missing damsel, so when he inqiuired her moniker the man answered for her saying that it was "Johnston," that she was his sister, and ibat^lliey? came from Timaru. The iiffctle bit o-' skirt confirmed this, but the gunner was sceptical, and went and told Sub-Inspector Dwyer. This genius told Taylor to take her to the station for purposes oi identification, and when' doing so, Anderson, who had given his name as "Johnston," objected, and obstructed the gunner, so later arretted him too. As soon as Dwyer heard oi. Anderson's / red! identity he ordered a charge of vagrancy to be preferred against him m addition to the other charge. It turned out later, that the giri suspected of befog McSweeney wasn't the escapee at, all, nor was she a Miss Johnston, nor Anderson's sister ; her 'name was Smith, '

A WAYWARD GIRLy who had been reported missing from home' by her mother a couple of days previously.

In giving his evidence at thc Magistrate's Court Gunner Taylor narrated the above facts ; the couple were lying m the ior' rass m the gardens just off the track when he aroused them. He wasn't satisfied with the girl's statement and took her along, being convinced that she was the escapee from Te Orangd. "Then that gentleman, there interfered," said witness. "Don't call him gentleman," interpolated Dwyer, "call him tlie accused." "Very well, . the accused,, then ; he. obstructed me repeatedly, saving that he wouldn't allow me' to take her away. Several times he laid hands oh hie. There weren't many people about, but when we got to the foot-bridge near the acelima_tisa/t'ian grounds I called a civilian to witness that the 'accused was obstructing me, and latter then desisted and behaved himself. Eventually I got the two of them, to the station."

In reply to Lawyer Donnelly who appeared for the prisoner, Taylor said he didn't charge Anderson with assaulting him, but with obstructing him. Besides laying hands on him he PUSHED AJSTD FORCED HIMSELF between witness and the girl m a very rough manner. Also, he attempted to take the girl away from witness altogether. Didn't this girl and the man tell you that she wasn't the girl you were ' looking for, and didn't they ofter to go to tlie house of her mother to prove what they said ?— Yes ; after I took them m charge. When did you take the girl m charge ?— After I doubted 'her statement.

And the man ?— When he obstructed me.

What did you take her m charge for ?— Because she answered the description of the girl McSweenev. Now, the "irl was questioned at the police station about her relations with accused, was she not ?— I don't know.

Wasn't she asked if she hadn't had immoral relations with him ?— I did not hear it.

Wasn't she told that if she would only say "Yes" that Anderson would get five years, and she would get off scot free ?— No.

Did you hear someone threaten to bring round a ..-doctor to examine her ?— No.

Station Sergeant Norwood entered the box, and said that the girl m question had been reported as Miss-

ing from her home by her mother a couple of days prior to her being brought to the station from the Exhibition "-round by Gunner Taylor. When reporting her disappearance the mother said she was afraid that the accused Anderson * had taken her away. He had influence over her, and on one occasion she had actually found the two IN BBD TOGETHER. Her daughter wasn't under the ag6 of consent as was supposed, being just over sixteen. Did you ask the girl how long she had been intimate with this man ? queried counsel ?— No. . ' Didn't you try to get an .admission of im_mora,l relationship! between them ?— No. Didn't you threaten to bring m a medical man, and didn't ahe retort "You oan bring m two medical men if you like ?"—No. Her mother was a,t the station at the time. Who is her mother ?— I don't know, but I believe she is a respectable woman. At all events she is breaking her heart over the conduct of this man. ' For the defence Mr Donnelly intimated that he would call %he girl and would call her mother, but he wanted to discuss the. law on the subject .first. The 'question was : Had Gunner Taylor ANY RIGHT TO ARREST a a girl who was admittedly over the-*m age of sixteen on th^ mere suspiefcrn of being some other v\x\ ? Had <iic any statutory right to do so>? /He submitted not. , The -gfet-liail- -- coin.-*" mitted no felony.- No pdlieeihan Itftd such a right, and here thay, had "an artilleryman let loose -ig^the park who seemed to have a rip-fit to arrest any girl he suspected of something or other, a-gjtAyho didn't answer his questions in^he way he wouli like. There •w^ie' not m the Court thit day^to deal with public morals but j*Tdiscuss Pure law. The . girl m question had correctly stated her age and Taylor should not have forcibjy removed her from .the .gavdens and placed her under arrest. . It .would he a nice thing if he had the power to remove any other £irl seen with a .man m the place. As Taylor was not executing his duty ih removing THE WRONG GIRL the accused couldn't 1)2 charged with obstructing him while m tha, execution of his duty. The right to arrest was laid down m the criminal code. The fact £hat the gunner _ was told by the Sub-Inspector ..tc. jtake the girl into.' custody didn't give him any legal riffht. Counsel quoted authorities regarding legality of arrest, and Bishop, S.M., said he would reserve his decision on the matter, which wasn't one to' be decided "off hand. Mr Donnelly bad talked Of callijifg the mother and the girl, but decided to await the decision of the bench on the point he had raised. •"_' :•' Anderson was then CHARGED WITH VAGRANCY, and counsel was for going on, but the Sub-Xnspector said "a . material witness Was absent. He asked that the case, be taken when the other was decided. After some discussion the Sub-Inspector, as an afterthought, said there would be no need to -* go on with the . vagrancy charge as it had been ruled that if a man had money on him he couldn't be charged with having no lawful visible means of support. "Who ruled that?" asked the S.M. "I believe your brother Magistrate, Mr - Day, did. ""Well, I > hold that if I bhe police make out __ -prima facie case m cases of vagrancy I will call upon the accused m every instance for a defence." In the result the vagrancy charge was put forward a fortnight, Anderson being granted bail. •