ALLEGED INDECENT LANGUAGE

Otago Witness, Issue 3823, 21 June 1927, Page 7

ALLEGED INDECENT LANGUAGE

ACCUSED PLEADS NOT GUILTY.

COMMITTED FUR TRIAL.

The two hours and a-half during which the City Police Court sat on Wednesday were occupied in hearing a charge against John Frederick Haminerley of having, on June 3, used indecent language in High street. The presiding magistrate was Mr J. R. Bartholomew.

Accused having pleaded not guilty, and having expressed a desire to be tried by a jury, dub-inspector Fahey stated that at 6.45 p.ni. on June 3, in consequence of a complaint made, Constable Round went to the front of Todd’s garage and saw accused and spoke to him. Constable Round heard accused using bad language in a very loud tone of voice. The language was repeated in front of the constable for some considerable time, and according to one witness it was going on for half an hour. Leo Gray, in the employ of Todd Bros., stated that on June 3. about 6 p.m. he saw accused talking to a man inside the garage. Witness asked him if lie wanted petrol, and would not like to repeat what he had replied. Accused was repairing his car which was out of order, and was there for half an hour. The language was not used the whole time, just- occasionally. People within a fewfeet might have heard what was said, bub it could not be heard far up the street. It was said in an ordinary tone of voice!' William Herbert Gibson, of Mosgiel, said that he was in front of Todd’s garage on the evening of Juno 3, looking at the motor cars in the window. His wife was with him. There was a man sitting in a motor car, -and another man was saying, “Keep your — gate shut.” . He was speaking in a loud tone of voice, and the words were repeated several times. Anybody passing could hear the language, and several people stopped, and then went on. Tho man using the language was excited, and appeared to be the worse of liquor.

Constable Round said that about 6.45 on June 3 he was outside Todd’s garage in High street, and saw a man (defendant) standing near his car. Witness took a statement from someone there and went towards the Exchange, and met Constable Hastie. They went back together, and accused was asked about the language he had used. Ho replied with a string of oaths. There wcro a few people standing round. Accused had had drink.

Constable Hastie gave evidence that ho had seen accused at his car which he was trying to fill with water. He was asked to keep cool and not to uso such language in a public place. He turned round and cursed witness again. He was asked to keep quiet, but would not take any notice, and used more bad language. About a dozen people passed while witness was standing there. Accused could be heard well up the street. He had been drinking. Sub-inspector. Fahey, the first witness called by accused, said he remembered Hammerly calling at the Police Station on June 3. He was accompanied by a constable, and asked witness if he considered that he was drunk., Witness replied that, in his opinion, he was not. Ho told him that lie had better leave the car where it was for an hour at least. It was by accused's manner and speech that witness thought accused was under tho influence of drink.

Thomas Farrell said ho was a labourer in the employ of accused at WingSlui. Ou June 3 he met accused in Wright, Stephenson’s sale yards. Witness left the sale yards in company with accused, and they proceeded to Todd’s garage. Accused’s car would not start. Witness remained on the footpath, but was called by accused to give assistance with the car. Accused was sober. Two constables came in, and charged accused with being the worse for drink and abusive. Witness did not hear accused-use any abusive language to either of them. Accused said ho would go down and see the Sub-inspector, and witness walked away. There was no cursing in his presence.

Accused said that On June 3 he left his car at Todd’s garage, and went to a horse sale. Ho there met the last witness about 5 p.m. They left the sale yards in company with a man named Joseph Pauley, and went to Todd’s garage, where he endeavoured t o start the car, but failed to get the engine to go. He was just about ready to start when two constables came to him and said, “Are you quite sober?” Witness replied, “Und~xbtedly. If you are. in doubt about it tte down to your Sub-inspector.” He did not uso any indecent, insulting, or abusive language or behaviour to anybody. Accused pleaded not guilty, and was then committed for trial, bail being allowed •Aimsclf in £2O and one surety of £2O,