THE ALLEGED INDECENCY CASE.

Otago Daily Times, Issue 8415, 12 February 1889, Page 4

THE ALLEGED INDECENCY CASE.

TO THE EDITOR. Sin,—lv reading your police report in yesterday's paper of "Alleged indecency at St Clair baths' I was struck very unfavourably with the conclusions come to by the bench in dismissing the case. I certainly would have expected that it would in most unmistakable terms have censured the police for bringing the case before it. It appears most unjustifiable on the part of the police to bring a charge of indecent exposure against a bather for drying and dressing himself in the neighbourhood of public baths, and ordinary common sense should have dictated to the police and to the bench that the 3rd subsection of section 24 of the Police Offences' Act wilfully and obscenely exposing his person," could never have been intended to apply to a bather dress.ng himself after bathing. It seems ■???.. , mo°strous (even to contemplate the possibility) that the act should be so strained as it appears to have been done in this instance, and I am truly glad that both you and Mr Scobie Mackenzie have spoken out so decidedly on the subject.—l am, &c,

m <■ -ii '-c , William H. Reynolds, Montecillo, February 9.

TO THE EDITOE.

•^ .T -T uld PerhaPs be more in consonance with the wishes of the family more immediately concerned were this unfortunate case allowed to sink into oblivion. I should like, notwithstanding, to be allowed to express what is, I feel convinced, the widespread feeling of the community on the subject. A strong feeling of sympathy been aroused with a well-known and respected citizen whose family has suffered the indignity of such a prosecution on quite insuffiCl f e M s£ ounds- On fading the opening address ot Mr l< raser I expected to see evidence adduced s? me heinous offence against morals, and nothing less would justify the terms used by -nat gentleman in bringing the case before the bench I confess to a strong feeling of indienation when it appeared that the head and front or the oiience was nothing more than the somewhat careless dressing of a boy after a bath, and the conclusion forced on the minds of most people who read the case is that the prosecution was the result not of a desire to conserve the public morals, but to avenge some slight offered to the dignity of a policeman. The act under which the complaint was laid was never meant to apply to cases like this, as a moment's reflection will show. The heavy penalty attached to a conviction is convincing proof of this. As Mr Hazletts case might be yours or mine tomorrow, I maintain the case is of interest to all the public, and policemen must be made to understand, with the whole force of public opinion, that the liberty and privacy of cifiizens are not to be slightly interfered with. Probably enough has been said and written to prevent the recurrence of such a mistake. It has' been suggested that the case is one which might with propriety be brought under the notice of the Minister of Justice, but on this point I do not otter an opinion.—l am, &c, February 9

G. L. D,

TO THE EDITOR,

Sik,—l am not one of the magnates of the ilu T you trouble to inquire you will find out that lam a plain ratepayer, lacking position and influence; but I hold that fair play is bonny play, and as you do not probably want to see a man ruined without anything being said on the other side, please publish this. I do not go on the published evidence of this case—much of it was not fit to be published— but I challenge Mr Haggitt, Mr Fraser, or any ot the reporters to deny this: that the evidence of Sergeant Macdonnell and Constable 1 arker disclosed a very gross case of want of decency; that Mr Donaldsou, called by the . police, gave evidence in favour of the accuseddenied having seen anything offensive—but admitted that a member of the latter's family called on him the night before ; that none of thn witnesses for the defence, with the exception if the brother, gave evidence of any real value, and that the accused's brother contradicted Mr Donaldson on one very important nratter. Mr Carew, one of the most careful and fairest men we ever had on the bench, said there was a case to answer. Mr Fish, who seldom takes his seat on the bench save in important pelice cases, did not say anything, and the case was finally dismissed. Now Sir, you know Mr Corew and Mr Fish, and do you not think that if they had been of opinion the police had done wrong they would have said so ? One thing struck me very much. The defendant was sworn to as being a peculiarly modest lad. He probably is so; but it was strange that when the sergeant warned him that he had done wrong in this nasty direction that, instead of being horrified, he simply said, "All right." With the shocked feelings of the women who go staring on the bathers I have no sympathy; no respectable woman or girl would do it. I think the sergeant in his own interest was a fool to lay the information against a lad in young Hazlett's position, the twisting of the evidence could have been foreseen. He was opposed by the Grown prosecutor who explained the doubtful value of police evidence and the danger of convicting on it, and who ought to know. The sergeant has been solemnly cursed by the papers and Mr Scobie Mackenzie, and his blood is now being demanded by at least one J.P. He is to be run out of Dunedin forthwith. Influence is to be brought to bear, and he is to be offered up as a victim upon the altar of respectability. Poor Sergeant Macdonnell! What I want to say is this: That the most that can be fairly said in this matter is that it might have been better if the charge had not been laid, but the sergeant can with perfect right say I believed that an offence had been committed from the evidence of my own eyesight, and that of another officer. At the hearing the bench were of opinion that there was a case to answer, and finally the charge was dismissed, but without reflection on the police. Now, I think that the ladies and gentlemen who were eye-witnesses of the matter referred to should now come forward and relieve the minds of this small section of the people who appear to be in doubt about the case, and independently explain their true and honest opinion on what they had seen.—l am, &c, February 11

Pbo Boko Publico

TO THE EDITOK,

Sib,—l read with much satisfaction the vigorous protest of Mr Scobie Mackenzie published in your issue of Saturday, backed up by your own editorial remarks, against the proceedings at our City Police Court, of which youDg Hazlett was the victim. I am astonished that our magistrates should have permitted the court to be so made use of to wound the self-respect and place a stifjma on the character of a wellconducted and in every way respectable boy. In this way only has public decency been outraged. What, Sir, is it to come to this that any of our boys indulging themselves in the luxury of a swim in the sea, or in lake, or river, must do so at the risk of being run iv by any policeman who can find nothing better to do, unless they take the precaution of carrying about " trunks " in their pockets wherever they go? I suppose the OaversnamCouncil may makea bye-lawrequiriue persons using their bath at St. Clair to wear trunks; but surely it is no breach of law to bathe without them. I have myself bathed in many places, both in the Home country and elsewhere, and I never wore them or saw them till they were introduced here; and I learn from a recent arrival from Home that they are not worn there now, even at Brighton. But be that as it may, and grauting that it may be right to require their use at a place so public as St. Olair, any breach of such a regulation is a small matter, and has nothing whatever to do with the very depraved form of offence described as indecent exposure—a filthy, lascivious act, which is pioperly visited with severe punishment. The attempt to magnify any even culpable act of carelessness into that filthy offence should be reprobated and resisted, and I trust this case will evoke such a strong public feeling as will render it impossible in future. There is such a thing as prurient prudery, of which we do well to beware.—l am, &c, February 11

B, B. Cabgiix

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