THE TOKO CASE.

Stratford Evening Post, Volume XXX, Issue 3, 6 April 1916, Page 6

THE TOKO CASE.

DISMISSED WITHOUT PREJUDICE The further hearing of the case preferred against David Maxwell, of Toko, took place at Stratford to-day, before Messrs C. D. Sole and S, B. Hunter, J.P.’s. Mr Cecil Wright appeared for the accused. Sergeant Dale prosecuted, A little girl of seven years was the principal witness called. Discussion took place as to whcthei or’not the alleged offence was committed in view of a public place with-, ing the meaning of the Act. Accused totally denied the charge, and in reply to Counsel, stated that he had on occasions partially undressed himself in his billiard saloon for the purpose of applying a liniment for backache, and he had. on one such occasion, noticed a child standing on the fence looking over the frosted glass into his saloon. After that he had been very careful what he did in his saloon. Accused said he was 67 years of age, and had been in New Zealand lor 51 years. He thought be had been treated in a shameful manner, and lie considered lie bore a good character. Two girls, aged 14 and lU years, respectively, gave evidence that accused was knowhms a Tutle man, and he had been rude to them. The Bench, on giving their decision, said they were of the opinion that the case had been laid under the wrong section of the Act; that no evidence had been produced that the alleged offence took place in view of a public place, to wit, Ohura Road, and they were, bound to give accused the benefit of this, and dismiss the case without prejudice in regard to any future action that might be taken.