HE WOULD A-WOOING GO.

Evening Star, Issue 3787, 14 April 1875, Page 2

HE WOULD A-WOOING GO.

On Monday last at Oamaru judgment was delivered in the case of Allport v. Walter Hossack, who was charged with a breach of section 4of the Vagrancy Act. It will be recollected that at the hearing of the case the defendant’s counsel argued that the section of the Act did" not apply to this case, because, however improper Uossaok’s conduct might have been, he had an excuse for going to the complainant’s house. Mr Parker, R.M., delivered the decision of the Bench 88 follows:— u We consider thst inch ■ persons are included; but, on consideration of the Act generally, we come to the conclusion that it is intended to protect the well-being of society, by ensuring to the community the maintenance of peace and order. In some oases no justification whatever could be allowed, whilst in others a mere shadow might prevail. No excuse of this latter kind could be accepted for the commission of the act with which you stand charged; and although it has been attempted to be shown that, you were paying your addresses to a lady who resides with prosecutrix, it is shown beyond a doubt that you have never been allowed by her to do so; and if it had been otherwise, that would not, as an excuse, have been an equivalent for the breach of the peace committed. But, in fact, no excuse is ottered by you, and the chaise being so clearly set before us and substantiated, thereateno alternative for us, according to our vievToi the statute, which we conceive to be the only one imposing a punishment for an offence just; falling 1 short of burglary. We therefore convict you of being, by night, without lawful excuse, in the dwellings house ef the prosecutrix. The punishment for the various offences mentioned in the several sub-sections of section 4 is imprisonment for a term not exceeding one year, and considering the term in relation to some ®f the offences mentioned, wo feel that we cannot sentence you to leas than six months* imprisonment, to be undergone in Dunedin Gaol with hard labor. Notice of appeal was at once given, and pending a decision Hoteaok h«£s , ! been admitted to bail, himself in LIOO, and two sureties of LIOO each.