OBSCENE LANGUAGE

Taranaki Daily News, 20 November 1930, Page 2

OBSCENE LANGUAGE

DISTURBANCE AT MOTUROA CHARGE OF ASSAULT DISMISSED. SCENE AT PUBLIC DANCE HALL. | Two charges, one of using obscene I language in a public place, a room in a ■ hull at Moturoa where a dance was being held, and of assaulting Edmond O’Dea cn October 25, the same date, were preferred against Roy Edward Hayes in the New Plymouth Police Court yesterday before Messrs. P. E. Stainton and I. R. Hill,. J.’sP. The assault charge was dismissed and for using obscene language Hayes was fined £5 and ordered to pay £1 9s Cd costs. i Mr. C. H. Croker, for Hayes, pleaded not guilty. “I would like to draw Your Worship s notice to the definition of a public place,” said Senior-Sergeant McCrorie. One of the alleged offences took place in the passage of the hall at Moturoa aud it was considered part of the hall. Edmond O’Dea, labourer and secretary to the Moturoa school committee, which was holding the dance, stated that he was the doorkeeper. Between 11.20 and 11. he left the euchre room when he saw Hayes aud it was then he heard him use the obscene language and he assumed he was not ul a fit condition to attend the dance. Witness asked Hayes to go home. Witen witness made the request Hayes said, "You want me to go y OU —. I’ve been waiting for this for six months.” Accused continued to annoy O Dea, who alleged that h.e used obscene language and referred scathingly to O’Dea’s previous connection with the police force. He wanted to fight O Dea. As he refused to go O’Dea struck Hayes two punches to quieten him. The H>f’ fair dropped until the dance was dver. On the way out Hayes approached O’Dea and struck him. “I don’t mind, telling you that my nose was broken,” said O’Dea. “I was dazed by the blow and the next thing I knew I saw accused on the ground, his legs going like a windmill. I don’t know what happened at the time but next thing I knew my friends took me to the bus.’* Tn answer to the senior-sergeant witness said that Hayes was speaking in a loud voice in the passage and he could have been heard in the dance room.

Cross-examined by Mr. Croker witness admitted that the words mentioned by him in his evidence were those which “would clip off his lips at times.” Alfred Edward Wood, labourer, and member of the school committee, gave evidence that he had assisted O’Dea on the door and at the time the dispute commenced was assisting in the supper room. He had gone into the passago and • noticed.. that Hayes was not sober and that he appeared to be having an argument with O’Dea. About five minutes after he first saw the two men O’Dea called him. O’Dea was then preventing Hayes from entering the hall. He heard accused use obscene language. Anyone in Close proximity could hear the language. In answer to Mr. Croker witness admitted that the privilege of entering dance halls to ascertain if friends were preent Was usually extended to prospective patrons. He Saia he had seen O’Dea hit Hayes. O’Dea had struck first. He was aware that Hayes had been a cot case in the New Plymouth hospital for over six months. For this reason he Was Surprised to see accused in the condition he Was on the night. Mr. Croker: You know that a man like that may be worked up to a pitch of excitement by a spot?—Yes. Mr. Croker: Such people almost froth at the mouth With very little provocation ?—Yes. Witness knew that when Hayes had not had a spot he did not act in such & manner. Edward Connett said he sav; Hayes in the passage and at the time accused Seemed under the influence of liquor. He heard no argument in the hall but after midnight he saw Hayes hit O’Dea, who Was walking before him. When O’Dea was close to the gate Hayes Came up behind him ahd hit him. Witness then walked away. On behalf of Hayes Mr. Croker expressed ail apology to O’Dea. Hayes was a reputable citizen of the town and he had been in the hospital tor some time to undergo a number of major operations. Ten days previously he had left hospital. The custom Was for dancers to go to such functions where they would dance with one or two partners only during the evening. The trouble had arisen when O’Dea had not permitted Hayes to look into the hall. Referring to the charge of obscene language he said that he intended to call evidence to show that O’Dea used the Same language. as Hayes and did not have the same provocation. It Was significant, he submitted, that O’Dea had struck the first blow. In addition, in his evidence O’Dea had recited the obscene language very glibly. The affair was a storm in a teacup. Ho had intended to call evidence, Said Mr. Croker, but there seemed nothing left to contradict. The justices decided there had been a certain amount of provocation in the assault and this charge was dismissed. On the charge of using obscene language it seemed that O’Dea was acting within his rights in refusing admission. Oh this charge Hayes was fined £5 with £1 9s 8d costs. He was permitted 21 days in Which to pay.