WALTER'S WOOING.

NZ Truth, Issue 81, 5 January 1907, Page 3

WALTER'S WOOING.

WHAT THE GUNNER SAW.

Officious Artilleryman and Late

Open-air Sleepers.

Young Girl and Alan Doss Out

Together.

One Walter Anderson, a stylishlyattired young fellow, who has been m Christchurch only a lew months, and who is believed to have come from Dunedin, has got himself into a nice pickle. He stands charged with obstructing Gunner Taylor while m the execution of his duty at the Exhibition, and also with being an idle and disorderly person having no lawful visible means of support. This means that, he, is. a vagrant. The facts of the case are very much out of the common- Gunner Taylor is one of the Permanent Artillerymen who are doing police duty o>i the grounds, and he is pretty well known m the fighting ring ; m fact he was champion of Maoriland- However, at a quarter past nine o'clock t'other morning he was on duty m the Zibishun gardens when he noticed a couple lying m the long grass a-, sleep. One ,waS'-Andersdn, and'- the other was, a' shortefrocked kiddy of tender years. It was very evident that they had slept there 'all night ; still they -were sleeping very' late, 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 inquired her moniker, the man answered for her saying that it was "Johnston," that she was his sister, and that they came from Timaru. The bit 6' skirt confirmed. this, but the 4 gunner was sceptical, and went and told Sub-Inspector Dwyer. This genius told Taylor to take her to the station for purpbses of identification, and when doing so, Anderson, who had given his name as "John-, ston," objected, and obstructed the gunner, so' later arrested him too.. As soon as Dwyer heard of Anderson's real identity 1 he ordered a charge of vagrancy to- be preferred against him m addition to the other charge. It turned out later that the girl suspected of being McSweeney wasn't the escapee at all, nor . was she a ,Miss Johnston, nor Anderson's sister; her name , was Smith, A WAYWARD' GIRL, who had been ; reported missing from home by her mother a couple of days previously. . In giving: his evidence at the Magistrate's Court Gunner Taylor narrated the above facts'; the couple were lying m the lbr» rass m the gardens just off the track. I . 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 pranga. ''Then that .gen^tlem^i ly.'^here ..interfered, ' ' said witness.- > t D<3n''t call him gentleman," interpolated Dwyer, "call him the 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 on me. There weren't many people about, but when we got to the foot-bridge near the acclimatisation 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, 1 ! but with; obstructing him. Besides laying hands on him he PUSHED AND 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 offer to go to : the 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 statemerit.

And the man ?— When he obstructed me. ,

What did you take her; dn charge ■for ?— Because she answered the description of the girl McSweeney.

Now, the *irl was questioned at the police station about her relations with accused, was she not •?— I don't know. . ,

Wasn't 1 she asked if she hadn't had immoral relations with' him ?— I did not hear it.t

Wasn't she told that if she would only say "Yes" thdLt 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 missing 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 BED TOGETHER. Her daughter wasn't under the • age 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 + iry to get an .admission of immoral relationships between them ?— No. ■

Didn't you threaten to bring m a medical man, and didn't she retort, "You can bring m two medical men if you like ?"— No. Her mother was at 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 icoiuluct of this man. ■ .

For the defence Mr Donnelly intimated that he would call the girl and would call her mother, but he wanted to discuss the . law on the

subject first. The question was : Sad Gunner TaylorANY RIGHT TO ARREST a -girl who was admittedly over the age of sixteen on the mere suspicion of being some other n-irl ? Had he any statutory right to do so? He submitted npt. The girl had committed no felony. No policeman had such a right, and here they had an artilleryman, let loose m the park who seemed to have a right to arrest any girl he suspected of something or other, and who didn't answer his questions m the way he would like. There were not m the Court that day- to deal with public morals but to discuss pure law. The girl m qmestion had. correctly stated her age and Taylor should not have forcibly removed her from the gardens and placed her under arrest. It would be a nice thing if he had the power to remove any other girl seen with a man m the place. As Taylor was not executing his" duty m removing THE WRONG GIRL the accused couldn't be charged with obstructing him. while m the execution of his duty. The right to arrest was laid down m the criminal code. The fact that the gunner was told by the Sub-Inspector to take the girl into custody didn't give him any legal rifht: 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 calling, 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-Inspector 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 the police make out a 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, •