CASE DISMISSED
WAIMANA FARMER CLEARED
ALLEGED INDECENT LANGUAGE
Court proceedings which were a direct sequel to the long standing dispute regarding the fencing of Kirkbride's road Waimana, resulted 1 in a well known farmer of that district, Harry Alexander Wardlaw, being charged last Tuesday on two counts concerning the alleged use of indecent language. The defendant who was represented by Mr G. Otley pleaded not guilty.
The complainant of the ca.se, Wilfred Leslie James Kelson, a Waiinana sharemilkcr, described how he had assisted Mr G. Kirkbride whose access road traversed Wardlaw's paddocks, to lift a gate off its hinges when lie was endeavouring to drive some heilcrs through. At Mr Kirkbride's request, he had himself lifted a second gate off its hinges. On returning home his, wife informed him that the defendant had rung up in a very irate manner and had used indecent language; to her regarding his (witness's') action. Some time alter he had rung again and 'upon witness answering the phone had asked him if he was working for Kirkbride, and on receiving a reply in the negative had called him a German —, and told liim he ought to be away at the front. Witness
added that he had fulfilled: all his military obligations and had been appealed lor. To Mr Otley, Kelson admitted that there had been a lot ol' trouble over the. road and realised that the removal of the gates would make, it possible for Wardlaw's stock to wander away. He was. absolutely sure of the terms used by the defendant and had rung up the police at once. Mr Otley: Do you think it was a fair tiling for you to remove those gates ? Witness: I don't know. The wife of the previous witness Eileen Kelson, described how she had received the tir.st phone, cull. She repeated the language which she alleged had been used on that occasion. No Supporting 1 Evidence For the defence. Mr Otley immediately submitted that there was no evidence to support the charge, of using indecent language over the telephone.. The Magistrate: I agree to that, the charge is dismissed. Mr Otley then asked for a dismissal of the second charge of having used obscene, language indicating that the alleged terms were not in any case, to be classed as obscene. They might be provocative but were definitely not of the. more .serious category. The Magistrate: If they were said f would say they were highly offensive—especially these days. Mr Otley: 1 submit that to be obscene, there lias to be a hint of an immoral nature. The Magistrate: We. have two [joints to consider —-whether the words were obscene, and secondly if the defendant said them. I suggest you put him in the. box and let him answer for himself! From the box defendant said he had not used the term complained of. lie had called the complainant a "coward.' Sergeant Farrcll: Didn't you get heated and use the words in the charge ? Defendant: No, 11 did not! The Magistrate: This charge is also going to be dismissed.
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https://paperspast.natlib.govt.nz/newspapers/BPB19440121.2.25
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Bay of Plenty Beacon, Volume 7, Issue 42, 21 January 1944, Page 5
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511CASE DISMISSED Bay of Plenty Beacon, Volume 7, Issue 42, 21 January 1944, Page 5
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