INDECENT LANGUAGE.

Taranaki Daily News, 9 January 1920, Page 2

INDECENT LANGUAGE.

ACCUSED GETS ONE MONTH'S IMPRISONMENT. A case was heard in the New Plymouth Magistrate's Court yesterday, before Mr. T. A. B. Bailey, S.M., which, although it had some amusing aspects, was withal of a somewhat sordid character. A man named Jack Ness, a joiner in the employ of the' Borough Council, and a resident of Glen Road, was proceeded against by the police, on two charges of using indecent language within hearing of a public place, to wit, Glen Road. Accused was represented by Mr. T. P. Anderson, and pleaded not guilty. Sub-Inspector Hutton, who prosecuted, said accused was in the habit of returning home in an intoxicated btate and using language which the neighbors took exception to, and in consequence of complaints received the police had taken action against him. Several residents whose places abutted on to that of defendant's gave evidence as to the alleged offences on Sunday! November 23, and the following Wednesday. One neighbour was agrieved because of the terms used by Ness towards his children while they, were playing; about some timlber which was stacked up in the front of hia house, at an early hour on Sunday morning. The language used was of a most indecent character, and was "bawled" out by accused in a loud tone of voice, and could have been heard for a long distance. On the following Wednesday, accused had used particularly offensive language to some children who he thought had frightened some horses that were in his place. Another witness was very averse to repeating the words he had heard Ness use on one of the occasions, referring to the language as "unbearable," and the Magistrate permitted him to write down he offensive epithets. He said Ness had continued to use the language for 20 minutes or half-an-hour.

Under cross-examination by Mr. Anderson, the first complainant denied I that he had ever quarrelled with Ness, or thrown stones on the roof of his house. He said he had "no use" for a man who called his (witness') children the names used by Ness towards them, j and admitted there was no love lost I between them as neighbours. In reply to the Sub-Inspector, the witness said Ness was always drunk when he used such language. He was drunk on the Sunday morning. The hour of the day didn't make any difference as defendant always had the brewery cart up to his house two or three times a week. The defence was a denial of the occurrence allefred on the Sunday morning, and in regard to that of the Wednesday, it was stated that defendant was in (bed the whole of that day twid could nob have been guilty of the offence alleged. Mr. Anderson submitted, however, that no offence had been disclosed, as it had not been shown that there was anyone on the road at the time within the hearing of defendant's voice. . The' Magistrate said it was not nece»sary to prove that the words were actually heard by someone on the road, so long as it was shown that they could have been heard.

Defendant and his wife then gave evidence in which they declared that after having ibeen for a walk on the Sunday momms with her two pet do«s, Ness was sitting on the verandah amusing himself with the canines, to which ho referred as "Daddy's Boys," and talked of the "Ta-ta" they had been. While doing this, someone called out to him to "Shut his month," and Ness repeated these words to his wife, who nine to the window to ask what was the niatter. They saw. no one about, and 'here were none of the neighbor's ■hildren near at hand, and their words •M\ld not have been heard many yards way. Both witnesses stoutly main"'ned that defendant was in bed the ■■hole day on the Wednesday following. v oss declared that Doran (one of the complainants) was always disagreeing with everybody. He fell out with accused because he would not give him beer and whiskey in order to "give his children a treat."

Mr Bailey: You don't seriously suggest that?— Witness: Yes, last Christmas twelve months he wanted some whiskey to give his children a treat. The Magistrate: Oh, I see. I suppose it would be to put on the Christmas pudding.

In reply to Sub-Inspector Hutton, Ness said he might have had a little beer on the Tuesday night, but he was not drunk. He got a hit mixed when in drink, but was not irritable. He admitted having been convicted and imprisoned in Hawera and Wanganui for similar offences. The last occasion was four years ago.

111 reply to the Magistrate, Ness denied using bad language to his dogs, and said he was not in the habit of doing so. Mr. .Bailey remarked that it was a pity he had not the same amount of respect for other people's children. It was bad enough when such language was used in the presence of adults, but mucli worse when directed towards children. He did not believe accused was in bed on the Wednesday in question. He might have been on another Wednesday. Accused was sentenced to 14 days' imprisonment on each charge, the sentence to he cumulative. The Magistrate said also he would issue a prohibition ordel against accused.