A MERCHANT INk MESS.

NZ Truth, Issue 149, 25 April 1908, Page 5

A MERCHANT IN k MESS.

JOHN BATGER'S BAD BEHAVIOR.

What Happened m the Express.

Intense Respectability Saves a Sexual Sinner.

Somewhat of a sensation was caused m the- South Island by the appearance m the Christchurch Magistrate's Court on Wednesday of' John Batger, frozen meat, and produce merchant, of Invercargill, on a charge of committing a- grossly indecent act m a carriage . on the ' Dunedin and Christchurch express on March 10. Batger is a keen-faced, middle-aged individual, who usually stops at Warner's aristocratic pub. : when m Christchurch. He pleaded. not guilty - through lawyer Donnelly. The prosecution was based mainly on the evidence of guard Frank Vernazoni, who passed through the birdcage occupied by Batger and the young woman when the train was near Glenavy. He discovered the couple m such a position as to leave no doubt m his mind that a grossly indecent act was being committed by both. He remarked to Batger that if he. was going to commit an indecent act he might at least draw the curtains. Batger replied, . "It's all. right, old man," and reaching behind him displayed his tourist ticket. The guard afterwards returned; and ; asked for the ticket to ascertain the name of the traveller, but Batger refused to show it. He also refused to give the name of the lady, and- offered (the guard a whisky. That functionary was not to be bribed, and threatened to report' the libertine, who said, "You will get yourself into trouble as well as me." ,; George Walker, news agent, joined the train at Palmerston South. He was oassing- through the train near Shag Point Junction and looked through the window of the bird-cage, and saw something that .;; • - •: SHOCKED HIM SOMETHING TERRIBLE.

On returning later, he witnessed , more;; and the conduct of Batger and the lady! scandalised f him. Lawyer Donnelly crossquestioned him severely, and witness said he couldn't swear as to what they were actually doing. Counsel for the defence claimed that the evidence of ' Walker related to an act separate and distinct from that testified to by the guard, and couldn't be heard m support of the charge. Sergeant Johnston contended that the offence was a continuous one. Mr Donnelly urged that where alleged offences were committed, within one hundred miles of each other they should he the subject of two different charges, and evidence pertaining to one couldn't- be given' m support of the other. . The point was important as, the guard's evidence' would thus be uncorroborated. Counsel quoted law on the subject, and mentioned the case of Hall, of Timaru,, when the/ prisoner was charged with the murder /of his father-in-law. The Court '(then admitted evidence that Hall had formerly given .poison to his wife, but the Court, of Appeal subsequently held that such testimony was inadmissable and Hall was sentenced to imprisonment for life. Hargreavcs and Peter. Pender, J's.P., decided to hear the whole of the facts hoW^ ever. For the defence, Donnelly represented that Batger was AN EMINENTLY RESPECTABLE ■■■ ... MERCHANT 'I -

from prohibited Invcrcargill, where he had a wife and family. ■-, He called an. ex-bank manager of Invercargill, now m Christchurch, as to his character.' Batger had a son attending Christ's College, A Christchurch grain merchant also testified to- Batger -is intense respectability. John Batger, giving evidence m his own defence, said he had known the young lady ever since she was a small child, and met' her on /the Palmerston platform. .He had been travelling m a first-class smoker, and. joined the girl m the bird-cage. They were talking when the close" atmosphere of the compartment made, her faint. He .called the waiter, who brought some soda; and he put a teaspoonful of whisky m her glass. ,; The girl r then fainted, and, m assisting her,, his actions were open to misinterpretation by -the guard. He swore that he had not been guilty of indecency. The lady would be the first to resent it, and she knew nothing of the> present proceedings.. With regard to the evidence of the news agent, the girl did jump on. Batger 's knee and jump oft • aigain. She was a lively young lady,- and as he had known her since she was, four years old, and was old enough to be' her father, there was no jbhing^suggestive, m the circumstances. Batger didn't look unon tha guard's threat as serious, and didn't think he had reported the matter to, the stationmaster. WMttaker..knew Batger stayed at Warner's when "m. Christchurch and had the guard reported > the occurrence, Batger" thought the stationmaster would have .interviewed, him (Bateer) about it< Accused acknowledged to Sergeant Johnston that he had said to the guard

I : A "WE "ARE ALL HUMAN," * but meant that the guard was human to place such a deplorable construction on Batger's action m the bird cage. Sergt.- Johnston : What is the lady's [name? j Mr Donnelly strenuously objected "to the question. | Hargreaves, J.P. : Jt seems peculiar that' the lady has not been called. - ' . Mr Donnelly : The prosecution doesn't suggest she is a prostitute. k* Sergt. Johnston : Why do you not call the lady ? Batg'er : ' She is a respectable lady and has no knowledge . of this charge. To avoid misconstruction on the motires of accused Mr Donnelly suggested that he would give the name of the woman. Sergt, 'Johnston : .What is the lady's I name ? . ' Accused : Miss Wilson. She lives m Auckland with her family. What is her Christian name'?— -I do riot I know. ■ • Are you separated from your wife ?— I Yes. ' ■„'■'■ ..■■... What was the reason .?— An accident. It was "a domestic arrange&ent. .'; ->~V Guard Vernazoni, recalled, swore positively to what had "taken place.' The Bench retired, and returning m 12 minutes, found ' the case against Batger proved, and fined him £10 and costs. It was subsequently discovered that the Bench had no power to impose a fine and after considerable argument with ' counsel, who claimed that previous good character didn't justify stigma of : imprisonment, the Bench convicted Batger and discharged him. ;