A SATURDAY NIGHT DISTURBANCE.

Otago Daily Times, Issue 15822, 22 July 1913, Page 7

A SATURDAY NIGHT DISTURBANCE.

4» CHARGE OF OBSCENE LANGUAGE. INFORMATION DISMISSED. The usual display of amateur oratory which takes place from the steps of tho fountain on Saturday nights was responsible for a. prosecution—abortive though it proved—in tho City Police Court yesterday morning. James M'Donald Dales* a well-dressed young man, was. charged with using obscene language in Customhouse square on July 19. Mr Irwin, who appeared for tho accusod, entered a plea of not guilty, and asked that tho case be proceeded with summarily.

ConstaMo Bandy 6tated that at 11 o'clock .on Saturday night two half-drunken men ascended the steps of the fountain to make some usual Saturday night speeches. There was a lot of shouting and bantering, and a number of hoodlums collected with the idea of indulging in some horse-play. This went on for some 10 minutes, aid then matters began to get very rough. A sergeant and a constable proceeded to disperse the speakers, and when the latter were being removed there wns the usual shouting and hooting, and ho heard the accused use tho language complained of. He did not know for whose benefit it was used, but it appeared to havo ii serious effect on the crowd. , Sergeant Hodgson gave evidence as to having heard tho language complained of, but stated that ho could not swear as to tho person who used it. Mr Irwin stated that the position was that the accused had como along tho street and, noticing a crowd at the fountain, went over to see what was happening. He was in the employ of the Government as a gunner in the permanent artillery, and ho bore- an irreproachable character. Ho did not use any indecent expression at all, and there wa6 no suggestion that he was intoxicated. In a crowd it was quite possible that the constable had made a mistake. "It is extremely unlikely," concluded Mr Irwin, " that this young man was carried away by somo Socialist on the fountain stops and made uso of this language." The accused stated that about 11 o'clock on Saturday night.he saw a crowd "bawling and shouting " round the fountain, and managed to get to tho front of it. He was in tho permanent artillery, and it was his duty in the event of a disturbanre to tako the part of the police. Swearing was going on all round him, and ho listened to the most abominablo lajiguage. When the police mado a rush a constable caught hold of him and said, "I havo got you for one and will come back for tho others." He was placed in custody and was not told of his offence until the next morning. 110 had had no liquor at all on Saturday.

Richard Russell Donaldson (inspector of nuisances) stated that the character of the accused had always been pretty fair, and had been good ever since ho was married.

Cross-examined by Sub-inspector Fouhy, witness stated that somo two years ago tho accused had appeared before tho court on a charge of throwing a stone at a tram car. Ho had never heard tho man uso language such as that complained of.' Mr Irwin: "I think ho would hardly bo ablo to swear as well as I could nivself." ' _ J The Magistrate said there was just tho possibility of a mistake having been made, and a jury would probably givo the accused the benefit of the doubt, Although the accusod was a colonial he was of a somewhat different typo from the ordinary individual who appeared on similar charges. The man denied having used the language, and his explanation of his presenco in the crowd was satisfactory. Tho case would be dismissed.