MASTERTON POLICE COURT.

Wairarapa Age, Volume XXXI, Issue 9052, 11 February 1908, Page 7

MASTERTON POLICE COURT.

CHARGE OP OBSCENE : LANGUAGE.

CASE DISMISSED

At the Magistrate's Court at Masterton, yesterday morning, Vincent O'Neil, horsebreaker, was charged with using obscene language within hearing of passers-by, in Dixon and Queen Streets, on Saturday last. There were two charges, the first being on the information of Timothy Clancy and Frederick Secomb.e, and the second on the information of the latter alone. Both charges were heard together. Timothy Clancy, livery-stable /ifceper, gave evidence to the effect tnat he was driving a pair of young and unbroken horses along Dixon Street in a brake on Saturday last, a man named Secombe being also in the vehicle. Defendant rode up on a hbrse, with only a halter on, and witness requested defendant to go ahead, when the latter replied with abusive and obscene language. Secombe was also abused, defendant threatening to pull his nose. Later defendant jumped on to the vehicle and took charge of the reins, which witness forced back from him. Wo provocation was afforded to defendant to act as he did. Cross-examined by Mr Pownall, witness snid he had never known defendant to drink intoxicating liquor during the three years he had known him. Defendant was on his right siuV.of the road when he came up. Isi;derick Secombe gave evidence on this charge, and in reference to the charge on which he was informant said O'Neil came up to him in Queen Street, when witness was in the company of two others, and abused him roundly, using very bad expressions, and calling witness a loafer. Witness retaliated by striking defendant, the latter returning the blow. Several more blows were exchanged, and witness then went away. ' By Mr Pownall: Witness was not the worse of drink, and it was only when the obscene language was repeated that witness, struck the first blow. Defendant did not merely attempt to prevent further blows being John Cameron, jockey, deposed that he was in Secombe's company on Saturday evening. O'Neil came up, and witness heard, something about someone "getting a crack," and witness moved away. , O'Neil was, to witness' knowledge, 'a very quiet and inoffensive man as a rule. Believed Secombu was inclined to be quarrelsome on occasions. Walter Thompson and Sergeant Miller also gave evid2nce. Mr Pownall said ind3pendent volurtary witnesses, who had been greatly surprised to learn that O'Neil had been arrested, would be.called to dis-

prove the witness Secombe's stateis ments. What had actually taken place in reference to the second charge was that Secombe had, on Saturday evening, re-opened a quarrel which had ;occurred earlier between defendant and Clancy, and in which O'Neil would be shown to be quite free from blame, as Clancy bad prodo as he had done. O'Neil, defendant, gave evidence to the effect that Clancy took offence at witness riding up alongside Clancy's vehicle. Witness threatened to pull Clancy's nose, and wasvciared to do i*-. Not wishing to be accused of cowardice, witness jumped on the trap, but did not touch Clancy. No bad language was used, and no one was about. Regarding the information by Secombe, witness said that Secombe struck him in spite of witness refusing to fight, because he considered Secombe was too drunk. Witness denied absolutely that he used any of, the obscene expressions complained of. Charles James Taylor, contractor, saiJ he did not know O'Neil to speak to, and from what hts saw of the , quarrel with Secombe, O'Neil was not in the least to blame. Secombe was somewhat intoxicated, and persisted in O'Neil figFiting, defendant replying that it was no credit to him to hit a drunken man. Secombe hit defendant a blow in the face. Witness tyid not hear any bad language used. ** Jeremiah Savage, farmer, of Lansdowne, who said defendant was a 1 perfect stranger to him, gave corroborative evidence. He stated that Secombe used a bad expression when he struck O'Neil. Jeremiah O'Neil said that defendant had lodged at the Occidental Hotel for a year past, during which he had behaved as a gentleman, and witness had never heard him use a bad expression. The Magistrate said he would have to dismiss both informations. He

was inclined to believe Clancy, but no great harm had been done if that f offence was proved, although His Worship was not satisfied to accept Secombt's corroborative evidence in face of defendant's absolute denial. Regarding the Queen Street affair, Secombe's own evidence was the only testimony in support of the charge, and a conviction on thif information would not be justified.