"TOMFOOLERY ON A TRAIN"
DUNEDIN DUO'S DELECTABLE DOINGS
THEIR LITTLE LARKS WITH THE LADY PASSENGERS
Fairbairn Takes the Cake and is "Courted"
Brinsley Bawls of "Blood and Murder" — And is Advised to Get Back to His Wife and Bairns — The Magistrate Holds that their Behavior was Insulting,
(From "Truth's" Dunedin Rep.)
August Fairbairn and Richard Brinsley, two important citizens of Dunedin, wanted fun, and were funny in a railway carriage, but two circumspect ladles who were also there, Daisy Dyer and Elizabeth Keenen,
WOULDN'T BE WHEEDLED. They declined Messrs. Fairbairn and Brinsley's overtures for frivolity, and the oratorical Dick got so disquieted that he blew in "the guard," but, all the same, Dick and August fell badly in. It was a nasty aftermath when Dick and August bobbed up in Court before Mr. J. R. Bartholomew, S.M., last Frlday, and located the two ladies who wouldn't be funny, enjoying the comforts, and consolations of the witness box with evident composure The case was unusual and for that very reason distinctly interesting. The stampeding of Dick Brinsley's amiable temper had the theatrical effect of ringing down the curtain to the hum of increased merriment.
The charge against Fairbairn and Brinsley was that of behaving in an offensive mariner on the 11.15 p.m. train from Port Chalmers, on August 11 last, to the annoyance of two young ladies, Miss Daisy Dyer, Ravensbourne and Miss Elisabeth Keenan, Port Chalmers. The "humorists" pleaded not guilty, and were represented by Lawyer Hanlon.
Daisy Dyer said that, on August 11 she travelled first-class from Port Chalmers to Ravensbburne. Miss Keenan was with her. As the train started Brinsley and Fairbairn came in, and two others. When they came in Miss Keenan came up to where she was, and Fairbairn came with her. She and her mate had a box of cakes with them, and Fairbairn took some of the cakes and handed some to Brinsley. When witness remonstrated with them, they broke up the cakes and threw them at witness and her friend. Brinsley and Fairbairn continued joking and teasing them, but neither she nor her companion took it in good part. A lady and gent got in at Sawyer Bay, and the male party in the carriage behaved fairly well then. When the lady and gent. got out at St. Leonard's, Fairbairn jumped up and, waving a stick over his head, said. "There will be blood and murder here to-night." Brinsley started a religious speech and commenced
''BOWING AND SCRAPING." Fairbuirn tipped the girls continually on the nose with his walking stick, and Miss Keenan took hold of the stick and threw it at him. Brinsley got up and bowed and said they were not ladies, and should apologise for poking their way in among gentlemen.
When witness attempted to go for the guard, a Mr. Bennett prevented her. Miss Keenan said to Brinsley that he ought to be at home with his wife. Brinsley went out and called the guard. The four men were smoking, although it was a non-smoking compartment. She thought Fairbairn had a bottle in his pocket. She did not think the men were fully sober. The guard came in and told the men they could not smoke in that carriage. Witness and her friend then complained of accused's conduct.
Mr Hanlon: Before the train left the Port who were you speaking to through the window? — Miss Keenen's brother.
And you paid more attention to him than to your mate? — Yes.
How many times did you speak to Brinsley and Fairbairn? — We spoke to them only to tell them to keep quiet. We had no conversation with them at any time, but we requested them to behave properly.
Didn't your friend tell Mr. Brinsley to go back to his wife, and he got angry and spoke crossly to her? — Something of the kind, for he was a nuisance. He was speeching and talking nonsense, and bowing and scraping to us with his hat off.
That was nice and courteous, was it? — Was it! Well, we didn't like it, and didn't want it. "
If you did not want it, or were not a party to all the frivolity going, on, why didn't you quietly get into another carriage? — Why should we? We were m a non-smoking compartment, and no gentlemen had a right to molest us.
WE GAVE THEM NO CAUSE. Miss Elizabeth Keenan, a pretty girl of the dark, elusive type, corroborated in the main. She said that Fairbairn came to the window and said, "Is there any room in that carriage?" She replied, "You had better get away," and she shut the window down. The four men then came in, but matters were not so bad till after St. Leonard's was reached. Brinsley was reciting and doing silly things, and he spoke of "blood and murder here to-night." When that was said she cried, as she got much afraid. She told Brinsley that he should be at home with his wife and children, and he said, "I know what you are out for, you're out for husbands." When Brinsley brought in the guard, she complained of the men annoying her, and Brinsley said the girls had insulted him. The men had taken drink, but they knew what they were doing. She did not know any of them previously.
Was there a great deal wrong in Fairbairn asking you if there was room in the carriage? — He had no right to speak to me when he did not know me.
But you say you were eating cakes at the window and you gave him one? — I never gave him one. When he came in he took it from my bag without permission.
And yet that was the time you should have complained but you didn't do it? — I did not want to get them into trouble, and I could see they had liquor on them.
But can you explain why you did not go into anothcr carriage even then? — I paid my fare and was in the proper carriage. No one had a right to molest us.
Is not this the fact: You wore out to have a bit of fun, and so long as they did not go too far you would not mind? — No! Certainly not.
But why did you tickle Fairbairn on the shins with the stick? — Tickle him on the shins!
Tip him on the shins, you know, playfully? — I did nothing of the kind. |
You said Brinsley was waving the stick over his head? — Yes, and he was .
CALLING OUT BLOOD AND MURDER. Will you swear it was Brinsley who was waving the stick and calling out blood and murder? — Yes.
But your friend swore it was Fairbairn? — There is some mistake, as I believe it was Brinsley.
You told Brinsley to go back to his wife? — I told him to go "home" to his wife and children.
You cried when the guard came in — that was the time you cried? — Yes.
But why didn't you make up your mind to cry previously? — I cried because I was frightened.
Frightened of the guard, eh; or just crying to make an impression? — I was frightened.
Women's tears, you know, are impressive things? — I was considerably afraid of the men, and much upset.
So much so that at one part of the fun you threw cakes? — I did not.
Now? — Not one!
Then you see, Miss Keenan, what you allege is this: Two men entered your carriage, stole your cakes, and started to molest you? — Yes!
You ask the magistrate to believe that? — I do. It's true.
The witness here became agitated and wept.
The guard, John Brown, said he received a complaint from Brinsley at Burkes, who said, "Will you come through and check two young ladies in the carriage? They are causing a disturbance." When he went in Miss Keenan was crying, and both were much agitated. They charged the men with stealing, their cakes and molesting them. Witness considered the girls had been grossly insulted in some way. The men seemed rational, and he could not say if they had. taken drink. Brinsley asked witness to tell the stationmaster to ring him up, and he would give him full particulars of the case, or he would go and see him.
Lawyer Hanlon, in the course of his remarks, said that men should not be allowed to misbehave in any way towards women. In this case, however, if all the girls said was true, they, like other prudent women, should havegone into another carriage or called for assistance. The whole thing was
TOMFOOLERY ON A TRAIN, which often occurs.
August Fairbairn, indent agent, Dunedin, said that before the train. left Port Chalmers he spoke to Miss Keenan. She made some reply, and asked him to have a cake, which, he gave to Brinsley. When he boarded the train he walked to where the ladies were. He said to the girls, "I have given my cake to my friend, may I take one?" He took up the ladies' box of cakes and took one of the cakes, and handed it to one of the girls, who knocked it out of his hand. Miss Keenan was very friendly, but the other girl not quite so. In the fun that followed he gave his stick to Miss Keenan, and she playfully tapped him on the shins with it. Brinsley made a bit of an oration — (laughter) — when the ladles' told him to go home to his wife and children.
S.M.: Can you remember any portion of the oration? (Laughter.)
Witness: Well — er — yes; but you see there was nothing in it. Just a few words.
Sub-Inspector Broberg: So it's incorrect to say that Miss Keenan did not give you a cake? — Yes. Probably if she had not handed me the cake I would not have gone into the carriage.
Four smoking friends get into a non-smoking carriage where two lonely girls were? — Yes.
Just because one of the girls offers you a cake? — Yes; it was a certain amount of encouragement, and besides the train was leaving.
Oh, you were looking for encouragement! Would that be the reason you forced your walking stick on the ladies? — I did not force it on them.
You know as a business man m this town, as a man of the world, with another business man with you as a friend, that it's a very serious thing to interfere with young women? — Well, yes; but we did not molest them m any way.
IT WAS ALL MERE NONSENSE.
As you realise it is a serious matter, have you brought the other two men here who were with you in the train? — No.
Why? — Because the whole affair was a frivolous thing.
Mr. Brinsley was angry when the girls told him to go home to his wife and children? — He was angry.
Why should Mr. Brinsley be angry? —You better ask him; I am not Mr. Brinsley.
Who threw the cakes about? — I saw no cakes thrown.
You gave a cake to Brinsley on the platform? — I did.
And if Brinsley has made a signed statement which says, "The only cake I saw was one lying on the seat in the carriage which I took up and ate," what have you to say? — He is incorrect.
Did you see anything on the part of the girls that justified Brinsley's act of bringing in the guard? — No; the guard should never have been brought in.
Brinsley made a big mistake then? — He made a mistake.
Sub-Inspector Broberg: I should think so.
Little dapper Dick Brinsley next came forward. He was austere in manner and tongue. He said he was an iron-founder. On the day in question he saw Miss Keenan looking out of the window of the carriage; she was chatting with Fairbairn in a joking mood. When they went in to the carriage Miss Keenan walked down to the other end, and Fairbairn with her. Witness went, too. They were all joking and laughing, and good humor generally prevailed. He did not recollect Fairbairn giving him any cake, but he took up a cake that was on the seat, and ate it. As far as he was concerned, everything was going on all right. (Laughter.)
THE GIRLS WERK QUITE FRIENDLY, and indeed he was much surprised when he discovered that Fairburn and Miss Keenan were not acquainted. As matters progressed, however, he was getting a little bit anxious about the fun getting too brisk, and remarked that it ought to be made a bit milder. Just then Miss Keenan turned and said, "You ought to be back with your wife." He felt much insulted.
"I may say, your Worship," said Dick Indignantly, "that my wife, lives in a separate house, and I have always been particularly generous to her. Miss Keenan's remark was grossly improper."
Sub-Inspector Broberg: Why should "go back" or "go home" to your wife offend you?
Dick greeted this query with
AN INDIGNANT OUTUURST that was not particularly comprehensive.
You were having a night out?
Dick once more grew indignant. He would not let the Sub-Inspector put words in his mouth, besides he did not know what a "night out" meant!
And you poked your way into a railway carriage where two young girls were, and "wired into" the first cake you saw? (Loud laughter.) — I went in with my friends and took up a cake that was in the seat and ate it.
You did! Is that your usual practice, Mr Brinsley, to tackle stray cakes on the saets of railway carriages? — Dick merely glared.)
Was your appetite increased by the... -NZ Truth, 9/10/1915.
Here, sadly, the otherwise fulsome scan from the indispensable "Papers Past" runs out. The case can be followed further in the reportage of the "Evening Star," of October 1st, which sadly omits the back-and-forth between the Sub-inspector and Brinsley, but includes the summing-up and verdict of the Magistrate.
Mr Bartholomew said that the explanation put forward by the defendants of their conduct was that they apparently forced themselves upon the girls just in the manner in which youths in their early teens would do. Defendants did not bring their friends, who were in the carriage, and could give evidence as to the general conduct to support their statements. Even defendants’ own account showed their conduct was such that it was to be strongly deprecated. It was certainly most discreditable. Brinsley had made a complaint to the guard, which neither he nor Fairbairn could justify. They had seriously annoyed the girls, and the annoyance must have been of an insulting nature to reduce the girls to the condition they were in when the guard came in. Defendants were liable to two months’ imprisonment without the option, or a fine not exceeding £10. It was clear that they did not mean any harm, but they were both guilty of insulting behaviour, and as far as the evidence showed there was nothing on the part of the girls to provoke or call for such treatment. Defendants must be convicted, and the fine would be one which would mark the impropriety of the offence. Each would be fined £5 and £1 0s 2d costs.
"just in the manner in which youths in their early teens would do" this remark from the Magistrate is informative, especially when contrasted with an answer from Brinsley a little earlier in the case to a question from the Sub-inspector: The girl said "Get home to your wife," not "get back." Leaving the word "back" out, it was a perfectly harmless remark, wasn't it? — It is not a very usual remark for girls to make to an elderly gentleman.
The Magistrate: The conduct in the train was not very usual; there was a lot of nonsense going on.
If Richard Brinsley who appeared in court on that day is the same man of that name who is buried in the Portobello Cemetery - and this is not certain - he would have been 54 years of age. Certainly not one to be acting in a manner of a youth in his early teens.
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