R.M. COURT.

Wanganui Herald, Volume XII, Issue 7255, 19 October 1878, Page 2

R.M. COURT.

(Before E. Hardcastte, ££isq:| : '&.Mit GL King and W. P. Eussell^iEa^, Jf^.sty Satuedat, 19th OciOßtiß.^-K V John Sheehey pleaded 'guilty, to. a charge of drunkenness, and was fined the usual alternative. OBSTRUCTION OF. THE. PATHWAY..-.™.- «»' Mr. P. Bell, charged at a former sitting ' ot the Court with having allowed certain articles to remain on the pathway to the obstruction of the passers byj-and;liaving'-at this previous hearing obtained- an" 'adjourn nienfr to enable him to bring forward in defence proof that his building was not built to- the' limit oHh'e'site, and' thai the articles ' exposed were not ah, obstruction on the, pathway, appeared 1 to adduce |his defencejbut stated that he had ascertained^ that all the proof he could bring would beinsufficient, and that therefore he offer no defence. , , A fine of 6s with ,6s 6d costs was inflicted.- ,< > ■ •■„ , Mr T. iiush, against, whom a similar charge had been adjourned on the', same grounds,- being in the same position, also withdrew ' his defence, and was fined in the same amount: ■ • EiP'OStiftE Ofr THE PERSON.

' -David McArtney, charged bn'tkeinfor- j matiori of the, sub inspectoral* police with having indecently exposed his person bn the '21st September in Wicksteed street, pleaded' not guilty; „ . ■' .> - I ' , , Mrs Ruth Phillips, deposed that on' the 21alj, September, in /the evening, she hkd [ aeenithe defendant, or a- person whpttt sne ; had'takeri to be the l - defendant,' in Wicksteed street, exposing himself indeceatjly. She could moi not l ßwea"r'fo the identity of t^he person'she' had's'eeil, but she 1 had told Mrs Qlark, in whose company she had been at "the toe", ttiafitf .was McA-'riney" the 1 ' pcstiuan. ' - ' ' ,', ' „,'/,; . , i ' By Ih'e' Court — Iformed'an' opinion jafc the -time I saw ,the exposure, that it; was McArtney, and.no/other. J Mrs Major Clark, deposed, that on the ■ night of the 21 st September, sue" had b<^en in the' company of Mrs Philips, and fyad directedher attention "to a man, who was indebently exposing himself in Wickstead street ; she had • taken this person to! be McArtney the postman ; ' she had recognis^'his' features, but could not swear positively, to' his' identity. , ; " - , Elizabeth; S.tewart gave evidenceto jthe effect that ,slie haci , seen the.-defendan^ at 8.30 o'clock. on the night of the 21st September; he had followed her from the corner of the Quay at Eiler's public-honse 'to Hinde's store in Campbell Place/ j .'The defendant stated in his defence that he had 1 been on night duty at the j time- of the' 1 alleged oflehce." He found , that it .Was only among the lower orders, \ the , uncultivated 1 , ignorant people that | any complaint had been, made against.hi^n ; i no lady or gentleman of. his acquaintance i could be found to- lodge any charge against I him ; he was not very, condescending} to the lower classes, wkereas to the upper j classes he was very obliging, and he be- ! lieved that the common folk, to revenge j themselves bad entered into acohspiracy j against him, and had agreed to swear to i the charge they had' brought ; there wjere 1 a number of highly respectable people j whom he could .bring to give favordble evidence as to liis character, and as one of j these he would call Mr W. Kelts, a mem,j ber of the Municipal Council, and per- ' manent citizen of tlie Borough. . . j The defendant called Mr McGregor $n^ j Mr Kells, who gave evidence to' 1 (the j effect that during the time they ' hao known him they had believed hi'mi t( possess a good character. ' " \ The Court decided to reserve judgment • until the las!; case Had bean heard. ' ' I David McArtney, charged on, the information of Sub-luspector Gqcdall, wjitl having indecently exposed his, person; on the Ist July, pleaded not guilty. Mrs Busli cave evidence. to. the' eflecl that on the Ist July, at. about seven 'o'clock,' ' She had seen the defendant t'vf cc f € expose his person — once at'tlie bdttom oi the Avenue' and once in Campbell Place. She could swear to the' identity of Jthe prisoner ; she had , been at the r tjimej in company with jane FlemiHg: '' . (t j Jane Fleming deposed thi\t oil the'^rst July she hs^l been in the company, oi, Mrs Bush, aud ,had twice seen the' prisoner iudeceivtly exposing - himself ; . she, had • recognised the prisoner, and was' sure! oi his identity; ' • '' ■ • Henry -Bush deposed that' his wife had complained tti him- of ' the defendant,' and that, he hii<l seen* the defendant who was poiute'cT'out to him by his Wifefj-he^cbuld swear to the prisoner's identity. , This concluded the case for'tftejplainiiff, and the defendant, in lua , dofelico stated his positive denial °.£ th©,phauge, .and said that all the witnesses had-perju-red themselves, though they might. Jifive don.o it unintentionally '; > they • would afterwards find out their mistake and be sorry for it ; tho 1 whole- of 'the" statements wei'o falsehoods. ' " ' ' * /, The Bench then* retired to corisidei their decision. " „, ( , , .• : After /a 'brief. ..deliberation, they' iretur.ned, and the j R.M. stated that on the charge of, .indecent- exposure on the sth October the prisoner was convicted and sentenced to three months. imprisonment with hard labor ; on the charge of 21s t September he 'was convicted and sentenced' to" three months imprisonment with hard labor. The sentences oh these convictions had been made Jiglit in 'consequence of their being the first against the prisoner. With regard to the first charge heard to-day, that of the second offence ou the 21st September, the major.-* ity of the Be.nch, being inclined to give; the prisoner the benefit of the doubt as to 1 whether it had been proved that he had been recognised, the charge would be dismissed, but on the last charge, 'that of Ist July, the prisoner was convicted and sentenced to' six months imprisonment with liard labor. The sentence being heavier on account of the prisoner haying been twice previously convicted ,on a _ similar char Je." Tho sentences are, to km concurrently, and not to be cumulative/" Having passed sentence^ the .R.M. stated that in tl.e opinion, of the Bench the thanks, of siciety were due to the ladies ■ who had come forward ■to give evidence in a J case which to 'be properly dealt with had required their testimony, and which was necessary for the putting clown of ah offence against the public morality. • :. x The Court was then adjourned. ,'