STREET PHONOGRAPHS.

Otago Daily Times, Issue 13858, 22 March 1907, Page 7

STREET PHONOGRAPHS.

At the City Police Court yesterday, before Mr C. C. Graham, S.M., Charles Blomfield wao charged under City Bv-law Ko. 2, clause 3, .with causing an obstruction in tho street by inducing a crowd of persons to assemble to hear his phoncgraph. Defendant, who had defective eyesight, pleaded " Not guilty."

Station-Eergcant King said that a very serious obstruction had been caused in Princcs street, near Moray place, and when the police had spoken to defendant, he had been very insolont and refused to move. It was only a short time since that a very nominal fine had been inflicted upon him for a similar offence. The interosts of tho public must be studied, and the man should be given to understand that he eould not do what ho liked, in obstructing the street traffic. Constable Foster stated that on Tuesday, IQth inst., ,at 9.10 p.m., defendant was operating his phonograph at Moray place, and a crowd of about 100 persons gathered; Witness spoke to defendant, and requested him to move back two chains from the main thoroughfare. and pointed out that he was causing a block in the street traffic. Defendant said:

" Suppose I do not move, what then ?" Witness replied in that event the polico authorities would have to fake action. Defendant then refused to move. He had been spoken to by witness on a previous occasion. Mr Connor, proprietor of the Palace Hotel, had complained about the noise caused by the phonograph, and slated that his boarders suffered from the nuisance. After being requested to move the defendant went on playing for about 25 minutes.

Constable Stewart stated that at 8 o'clock on the same ovening lie oallod the attention of defendant to the blockage cf the street traffic'ho was causing, ami defendant \vas then only about 12ft froui' ihe> main afreet. He shifted back about 2(t or 3ft, but rofused to shift back any further. At 9 p.m., whou witness ordered him again to move back, ho refused to do so, and, ins {cad, ho inched a little nearer lo the footpath.

To Defendant: You were told to move bs-ck two chains, and you stated that two chains would tako you in frcsnt of the Choral Hall. Defendant said that he pleaded not guilty, not for the reason that he disputed what had boeu alleged against him. Had lie shifted to where the polico wished iiim to go he might just as well play in a cemetery. He had always endeavoured to obey the police, but some of them, probably because they considered him a street. treated him as if he was a dog; others treated him civilly. He played his phonograph in the street for the purpose of providing for himself and his little daughter. The Palace Hotel was quito 300 ft away from whew he was playing, and he only played in the evening, when there was little business doing. He considered it unfair that he should be charged with such nn offenco when the Salvation Army and other denominations were not disturbed, and lie asked that the court would not fine him. His .Worship said he was certain that defendant had the sympathy of the police and others in l his affliction, and he was sure the police would not raiso frivolous charges against him. At the same time, obstruction to the street traffic could not be allovred. and the city by-laws had to be «nforc«l. If tho phonograph was a great attraction people would' Lot. mind going a little distance to hoar it. Had this been the first offence he would' havo inflicted a nominal fine, but as this wag the second offence he must increase the fine. .Defendant would bo fined' 20s and costs (7s), and if there wis further, obstruction tho full penalty woul'l be enforced. Accused wished to know what would he. tho alternative did he refuse to pay. His Worship said ho had not 'fixed an alternative.