ALLEGED INDECENCY.

Taranaki Daily News, Volume XLVIII, Issue 81918, 16 February 1907, Page 2

ALLEGED INDECENCY.

YOUNG MAN' COMAIITTKD FOR TRIAL.

At the Police Court on I'riday morning, before Mr 'J'. Hutchison, S.M., a young married man named Walters was charged with having committed an indecent act .Sergeant lladdrell conducted 'the prosecution. Mr Fit/, lu-rbert appeared for the defence. Kvidenee was given that on several ucKisious a man had been seen standing absolutely nude in tno back doorway «f a house oil the licit-road. Jle was standing in full view of the neighbours, facing them. He may not have seen the witnesses). On onoj occasion (his nude man was standing there for some time, although the witness, a, woman, was making noise enough in calling ducks to attract attention. Another female witness said that if the mail laid eyes lie must have seen her.

Constable Whitehonse gave evidence as to distance from house lo house, and slated the configuration of the sections which had full view of accused's house, lie had visited accused's housa on Sunday last ami asked li-iin, "What do you mean by going about nude ill front of people';" lie made no reply, but simply drummed on the fable with his lingftis. The constable said, "You'll have to stop that game, or we'll have to see what a magistrate thinks of your conduct." Accused said, "I won't do it any more, and 1 was not aware that anyone, saw me." The constable replied. "Hint's all rot.'' Acuiw«l told him he was in the habit of taking a bath, and stood in the doorway to dry himself. lie indicated a blue pinafore of his wife's which he said he usually put on e and pointed at a zinc liath or wash-tub in which he took his bath. It was full of waste papefand stud'. 'The constable said, "It's a jolly funny thing when women are about, you lake no notice at all. lint as soon as a man appears on tiie scene you disappear." Accused didn't reply to that. It was further stated that the accused was a new comer to the district, and his wife was ill in Wellington. Mr Filzherbei'i, in addressing tj l; . Court said t'iie Act provided that, in order to secure a conviction it must be proved that the oll'ender committed an act of indecency with the intention of insulting somebody, but he submitted lhare was no evidence, before the Court that the act as alleged by the prosecution (was done (ieSibeh-iitelv -No complaint was ever made to the accused of his conduct or of his being seen by anyone. He considered thai, it was the duty of those who resented t r ne act to have warned the accused that he was being seen. The witnesses for the prosecution had admitted that they had not so warned the accused, and there was no evidence before the Court that the accused knew he had Ih'a-u observed by the witjuvsos for ltic

prosecution. The Magistrate interjected: What evidence would Eatisly y,..; ] ; 11-ot intend to insult? You know we I mil prove that by the surrounding circumstances. If there had be,ol 011lv one occasion it nrglit have been prol'Ci- to urgte that he had couimitteil J'"' °"enei. inadverleihly, but when it was done on several dillVrenl occasions it showed the offence had been premeditated, for it was safe to as sume that if the man bad eyesight an.l his face was turned In a particular direction he must look in that direction. Mr l.'ilzherbert repealed that Hhe man should have been warned. The liencli : Oil, yes, of course, you may warn a th'of that lie must 'not steal from you again, but you are not bound to do it, you know. Mr ITit/.lierberf : But a thief is different;, your Worship. The 1 tench : Yes. A thief steals ones property. Ti„' s sort of oll'ender only steals jmes sense of 'decency. If you 'think yon can couyiucea jury that this man had 110 intent to insult, you may succeed. Hut I think there is strong presumptive evidence that he did mean to insult. Mr Fitzherhort. slated the aecir-ed would reserve his defence, and licensed was committed to lake his trial at I he ensuing session of the supreme Court at, New Plymouth. Accused pleaded ""Not (iuilty." Bail was allowed, in one ,surely of r £2o. ' .