WHAT IS A BROTHEL?
Points That Bothered the Beaks. In one of Christchjurch's recent brothel cases Lawyer Leathern raised a point which ought to legitiraatise houses of illfame on a limited scale right throughout New ZeaTana. A man and a woman were charged with keeping a "house," and it was sought to show that another, lady ill the place was no better than she oughV'to be, but proof was not forthcoming. It is true that the woman keeper of the house had teen, convicted of prostitution m other .parts of New Zealand, but Mr Leathern submitted that it was no offence if she brought thousands of men into the house for purposes, of prostitution, so lonig as men and women, didn't, consort upon the premises with -the same object. This bold and startling statement seemed to shock and astonish the intensely respectable J.P. Bench, but counsel quoted a recent decision ' of Magistrate' Riddell m Wellington., where that austeve .arbiter had upheld this reading of the law. Mr Lealherri read the section of the Act of 18»<1 wherein a brothel; was -denned as aplace where people of opposite • sexes met : together for purposes of illicit intercourse,/ and unless persons of both sexes consorted there, the tenants of a house were immune. The owner of the ' property might be charged with keeping a house of sin, but m that event it would have to be proved that he had knowledge of the character of the abode. Learned counsel quoted a decision of the Chief Justice, who had held that a house was not a brothel if one woman only received men for the purposes of prostitution. Where the wo,raan was the only female m the house and had no lady partner m the biz., she COULD RECEIVE TEMPORARY HUSBANDS by the score and. for any period that she pleased. The prosecution under review was instituted by the ■• police m consequence of the admission of a yofcmg woman charged with being a rogue and a vagabond, who stated that she had, brought men on to the premises for immoral purposes. Magistrate Bishop was dealing leniently with the young woman at the time, and obtained the admission (tearfully) by speaking to her m a kindly and fatherly way. Her's was the only evidence against the house as a brothel, and was uncorroborated, although it was sought to be shown that a young lady lodger was an improper person. The defence call<sd the young woman, who appeared to be lame from an injury to her foot, and ill, and obviously incapable of immorality. Moreover, an account book was produced showing that she had paid 15s per week board diurinff the term of her sojourn m the alleged house of ill-
fame. These arguments would probably have prevailed Avith the intelligent J. P. s but Mr Leathern adduced a further one m the fact that the information charged the accused persons with keeping a brothel "within, the past month." The only evidence of outside persons of the opposite sex consorting for the purposes of immorality m the house was given by the sobbing female already mentioned, and when placed m the box she stated that sho hadn't been to the place for at least two months. Obviously the information was faulty, and the J.P. Bench, which, generally speaking, hates to give a decision ON AN INTRICATE POINT OF LAW, rushed the opportunity of dismissing the information on the ground that immoraSity within one month hadn't been proved. The decision, endorsed as it is by the Chief Justice and a metropolitan magistrate, may lead to the establishment, m moll-persecuted Christchurch; of innumerably one-woman shows, superintended toy the customary Mudger, a circumstance that will shock, inexpressibly, the pious section of the community, which is responsible for the chivvying of the common courtesan. Tins paper, being- highly respectable, and with a large family to keep, doesn't care to express an opinion upon the question of establishing brothels occupied by one woman, but it does desire to see the women and extremely young girls of the community protected, and would hail with pleasure any cause that would effect a decrease m the appalling number of sexual offences that occur periodically m the religious city, under the very shadow of the cathedral spire.
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https://paperspast.natlib.govt.nz/newspapers/NZTR19081219.2.39.5
Bibliographic details
NZ Truth, Issue 183, 19 December 1908, Page 6
Word Count
712WHAT IS A BROTHEL? NZ Truth, Issue 183, 19 December 1908, Page 6
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