CONDUCTOR & A GIRL.

Dominion, Volume 6, Issue 1840, 28 August 1913, Page 8

CONDUCTOR & A GIRL.

HIS SILLY ACT. ON ONE OF THE CITY TRAMCARS. For the alleged offence of tickling a girl passenger under tho chin, tramway conductor, Robert Stuart, was suspended for two days. Yesterday morning his appeal against his suspension came before tho Tramway Appeal Board. The board comprised Dr.' M'Arthur, S.M., Messrs. J. It. Palmer (Tramway Board representative), and — Ward (representative of tho union). Mr, T. Neave appeared for tho appellant, and Mr. J. O'Shea, City Solicitor, for the Tramway Board.

The Mother's Evidence. Josephine Young, who was called by Mr. O'Siiea, said that on July 1, about 7.30 p.m;, sho was on a car with her daughters. As they passed StewartDawson's, the conductor (whom she identified) took the tickets, and as ho did so tickled the elder girl undor the chin. Witness did not say anything at the time,- but when she got off at the Theatre Royal sho said: "It is a pity that ho does not do tho same to you now." Tho conductor laughed, and snapped his fmgers. Witness wrote to tho tramway authorities tho next day, and subsequently appeared in person beforo the board on two occasions. Tho conductor was present on tho second occasion. To Mr. Neave: There were a number of people in tho car—mostly women. Mr. Neave: Then is it not strange that you should lot your daughter bo tickled in this way in tho presence of a number of people, and not mako any complaint? Do you ask tho Court to believe that? —"They can please themselves." Mr. Neave proceeded to examine witness as to her reason for not making a complaint at the time. Dr. M'Art-hur said he thought counsel was too hard on the witness. If he himself bad been in witness's position ho would have done tho samo as she did —lodged her complaint the next day. Daisy Young, daughter of the previous witness, corroborated her mother's statement. To Mr. Neave: Witness never said anything to her mother about the occurrence because her mother saw it herself. Her Letter of Complaint. Matthew Cable put in the letter of complaint received by tho Tramway Board. The board considered tho case, and suspended tho conductor for two days. Before doing so the board gave the conductor the opportunity of apologising to the woman. Had he done so it was probable no further action would have been taken. The conductor refused to do so, and placed the matter in the hands of the union. To Mr. Neavo: Witness considered that the conductor was foolish, and was guilty of an indiscreet act. Mr. Morton advised tho conductor to try and patch the matter up with Mrs. Young. W. H. Morton, chairman of tho Tramway Board, gave a similar account of. tho board's proceedings.

Conductor Galled. Mr. Neave submitted that the strongest evidence in support of the conductor's innocence was that ho declined to Avail himself of the opportunity of escape by apology afforded him 'by tho City Engineer. Further, lie had como to the Appeal Board, .though tho punishment imposed was only slight. Would ho have done so if ho had been guilty There was no motive for tho act. Would a conductor, in a crowded caT, with no reason, act in such a way as to lay himself open to a serious charge of assault. Counsel said ho would further call evidence to show that tho woman was not one who was worthy of credence.

The conductor then wont into tho witness-bos. He said that he liad been thirteen months in tho servico. He first hoard of this-charge on July 7. Witness-described the occurrences on tho car, denying absolutely that ho touched tho girl. His Veraolty. Dr. M'Arthur: Has there been a complaint against you before P —No. ' Now think?— Witness said there was a complaint for some trivial offence. What happened then? —I think' they took my view of the case. , Oh, no, they didn't. You didn't stop the car for me. You were No. 227 then?—"lt wasn't my business to stop the car." But that was a compulsory stoppingplace?—"Yes, always." : - Dr. M'Arthur: You didn't tell the truth that time.

Gladys Young, tho younger daughter, was called at'the request of the Bench.' She corroborated her mother's ovidenco as to what occurred as they left th'o car, but did not see what actually occurrod in the car. ■ Detective Cassells ; . called by appellant, said he liad known Mrs. Young for some ten or twelve years. Mr. O'Sliea objected to this evidence, but tho Court agreed to admit it so far. as it related to tho credibility of tho witness. Detective Cassells said that 110 would take Mrs. Young's ovidenco with an extra largo grain of salt as against the testimony of a respectablo man. Board Finds Against Him. After consideration the board, by a majority of two to one, decided that tho appeal ,must be dismissed., Tho president of tho board said that Mr. Ward had a doubt abotit tho matter; but Mr. Palmer and he himself were perfectly satisfied that, tho conductor did this silly act. Ho had been leniently dealt with by tho board in Tieing suspended for only two days. The appeal was dismissed.