CHARGE OF OBSCENE LANGUAGE.

Manawatu Herald, Volume XXX, Issue 424, 15 August 1908, Page 3

CHARGE OF OBSCENE LANGUAGE.

Against a Constable.

Case Dismissed.

At the local S.M. Court yesterday, before Mr A. D. Thomson, S.M., Constable Sweeney was charged on the information of ' Walter H. Anderson, that on the 3rd day of July, 1908, at Foxton, he did use obscene, profane or indecent language within the hearing of persons, Mr Barnard appeared tor the prosecution, and Mr Reade for the defendant. SubInspector O’Donovan watched the case on behalf of the police. Mr Reade raised a technical objection, and the charge was amended to one of using obscene language. Mr Barnard said the charge was the outcome of a previous case when Anderson was arrested for drunkenness and resisting the police. During Anderson’s arrest the language complained of was used by the constable. He called : Walter Herbert Anderson, who stated that when being arrested on the evening ot July 3rd, he resisted the constable near the fire bell, and during the struggle the constable used the language complained of several times. By Mr Reade : Was not drunk when he was arrested on that occasion. Was fined 20s and costs. There were a number of people witnessing the arrest. Did not see Mr Moore or George Dee when his arrest was being effected.

Would not swear that they were not

present. Did not give Sweeney notice that he intended to bring an action against him. The S.M. interjected that such notice was not necessary. Witness, continuing, said that when he threw Sweeney, the latter said, “Let me up you Sweeney took off his overcoat. Sweeney said “now, you dirty it you think you can wrestle get your; hold.” They closed and witness threw Sweeney. He repeated the language more than once. He was advised to go quietly by spectators, and did so. Witness and Sweeney were on the ground several times. Had never been convicted previously for using obscene language. Mr Barnard pointed out that the W, Anderson previously convicted for using obscene language was another Anderson, which fact was borne out by others. Witness had been before the Court on previous charges. Charles Thomas Easton was called, but failed to appear. Mr Barnard asked the Magistrate

whether this witness could not be

compelled to attend and give evidence. He had refused to come unless his expenses were tendered. The Magistrate said the missing witnesss was entitled to demand his expenses. Frederick Charles, fiaxmill hand, deposed that he witnessed the arrest of Anderson. Heard the constable say, “ come on you dirty if you think you can wrestle. ’ ’ Was standing three yards away. A number of people were present. Was certain the constable used the words. Did not see Lee there, but would not swear that he was not present. By Mr Reade: Only heard the constable use the expression once. Heard the constable say, “ let me up.” The constable then had his coat on, but his hat off. Fred Robinson, on oath deposed,

to having witnessed the arrest of Anderson. Was two or three yards away. Heard the constable challenge Anderson to wrestle. Heard the constable say: ‘ ‘ get

your holt you .” The constable was then standing up, and had his overcoat on. Sweeney had the lower holt, and Anderson

the upper. They fell, and Anderson was on top, and was dumping Sweeney, and he said : “ For two pins I’d choke you.” Anderson was sitting on Sweeney’s stomach. Sweeney asked to be let up and get his coat off. When Sweeney got up, he took off his coat and again challenged Anderson, and the latter threw him again. By Mr Reader Saw Charles

there. Heard the language com-

plained of used by the constable several times. Didn’t remember seeing Lee there. Saw Mr Moore and Mr Easton there. Heard the latter say he was going to give Sweeney in charge for using obscene language. By Mr. Barnard: The words were used by Sweeney before Mr

Moore arrived. Mr Moore might have been present before the words were used. To the S.M; Heard Sweeney make use of the words before he was thrown, and when on the ground, and after he took his coat off.

Hugh Walls deposed to having heard the words used. Did not know it was Constable Sweeney at first. Heard Sweeney say:

“ Come on you chaps, and give me a hand; and some one answered : “ You started your dirtywork and you can finish it.” Saw Charles there, also Mr Moore. James Webb corroborated the previous witnesses’ remarks. Mr Moore came after the words were used.

By Mr Reade: Saw Robinson, Charles, Easton, and others there. Couldn’t say whether the constable asked for assistance. Dyson Webb gave evidence. Heard the constable use obscene language. He then had his coat on. Mr Moore did not arrive till after the language had been used. By Mr Reade: Did not see Walls or Easton there. Never heard the constable appeal for assistance. Did not know it was the constable till after, : By Mr Barnard: Heard Mr . Moore advise Anderson to go t quietly.

Mr Reade, in opening for the defendant, said the evidence of the witnesses for the prosecution was not consistent. Charles had said he only heard the language complained of once. He asked the Magistrate to take the evidence of the witnesses with a grain of distrust. They wanted to see a little trouble. There was a hostile spirit against the constable, as was evidenced in the remark made by one of the bystanders when the constable asked for assistance. They secretly rejoiced to see the Constable dealt with. Constable Sweeney had not been long in the force, but bore an exemplary character. He had subsequently been subjected to insulting language aud provoked by certain Icol young fellows, but had kept himself under proper restraint. He expressed surprise at the delay in not laying an information at last Court sitting. It was strange that these young fellows had rolled up to give evidence. He called: —

Maurice Sweeney, police constable, defendant, who detailed the arrest of Walter Anderson. Anderson resisted violently. He threw Anderson twice, and Anderson threw him once. Did not see Charles, Robinson, or ’•Vails present. He appealed for assistance, aud in reply some one said : “ You started the trouble aud you can get out of it.” He positively denied having used the words alleged, and said it was nothing more than a conspiracy against him. Had been fourteen months in the force, and there had not been any complaint against him. Had often been resisted violently when making arrests, but had never used bad language, Lee was present when witness took his coat off.

By Mr Barnard: Was not excited when arresting Anderson. Never used the language, nor challenged Anderson to wrestle. Someone obstructed witness when arresting Anderson, by taking him by the back of the neck. Mr Moore said he would take witness’ coat. Witness never fell to the ground after his coat was off, but had a struggle. The overcoat tripped witness. To the S.M. : The three times he was on the ground he had his overcoat on.

R. Moore, in evidence, deposed to having witnessed a struggle. Anderson was protesting and was struggling. Sweeney had his overcoat on. Heard Sweeney say “wait till I get my coat off, and then I’ll be able to manage you.” There was a desperate tussle and Anderson was thrown against the fire alarm. Sweeney was up first and then took off his coat. Sweeney threw his coat on the ground and tackled Anderson again. No bad language was used after I came up. Sweeney threw Anderson. Heard Sweeney call for assistance, and the reply was similar to what had been previously stated. Witness advised Anderson to go quietly, and he went, but was still protesting. By Mr Barnard : When he first noticed the disturbance was about two chains away, and after about six feet. Heard no obscene language used at any tim^'during the struggle.

To the S.M. : Saw the men on the ground twice. George Lee deposed to having seen the scuffling. Anderson threw' the constable twice. Did not hear any bad language used. Was about 10 or 15 yards away. Was present for about five minutes. Sub-Inspector O’Donovan gave evidence as to Constable Sweeney’s good character. He was sober and industrious. While in Wellington his duties were in the roughest parts of the city—the slums. Constable Sweeney w T as quiet and good tempered. In fact, his only fault was that he was too quiet.

Mr Barnard said he desired to object to the statement made by Constable Sweeney in reference to a conspiracy.

The Magistrate said he had no hesitation in dismissing the case. Possibly the witnesses may have been mistaken. Mr Moore had witnessed the most of the struggle, and absolutely denied that any obsene language had been used. Costs, £1 9s.