WARDER AND PATIENT.
j ASSAULT CHARGE DISMISSED. In the Police Court yesterday afternoon before Mr C. C. Kettle, SJVL, the hearing was concluded in the case in which Cleveland E. C. Rolfe was charged that on March 6 he assaulted a patient so as to cause him actual bodily harm. Mr S. Mays appeared for the prosecution and Mr Prendergast for the defence. Some additional evidence was called for the defence, after which his Worship gave his decision. Mr Kettle said he had given the case very careful consideration and was of opinion that no jury could, or ought to convict the defendant on the evidence. The defendant swore that he did not deliberately or wilfully strike the lunatic. fThe- (patient <was lattempting to escape from the asylum and the defendant had to use some force in preventing him from going. The evidence showed that there was a certain amount of force which had to be used but no jury would be justified, in his Worship's opinion, in- coming -to the -conclusion that the defendant, in performing his duty, did anything more than was necessary. On the other hand, the complainant's evidence was that of a man who "was not in possession of his faculties, and it was an extraordinary thing that he did not remember any trouble with another patient shortly before this occurrence. That a struggle did take place between these two lunatics had been sworn to by several witnesses whose credibility was beyond dispute. Dr Beatty, who had given his evidence with great fairness, said - that during this struggle one lunatic might have dealt a blow which had broken-the other's jaw. His Worship _ admitted that in a case such as this, involving the conduct of a great public ;institu-' tion it wa3 desirable that the matter should be thoroughly investigated, as this had been, in Court. The authorities had therefore done quite right in bringing the case. The information was dismissed.
Fairfax Media is the copyright owner for the Auckland Star. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons New Zealand BY-NC-SA licence . This newspaper is not available for commercial use without the consent of Fairfax Media. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
This newspaper was digitised in partnership with Auckland Libraries.
Papers Past now contains more than just newspapers. Use these links to navigate to other kinds of materials.
These links will always show you how deep you are in the collection. Click them to get a broader view of the items you're currently viewing.
Enter names, places, or other keywords that you're curious about here. We'll look for them in the fulltext of millions of articles.
Browsed to an interesting page? Click here to search within the item you're currently viewing, or start a new search.
Use these buttons to limit your searches to particular dates, titles, and more.
Switch between images of the original document and text transcriptions and outlines you can cut and paste.
Print, save, zoom in and more.
If you'd rather just browse through documents, click here to find titles and issues from particular dates and geographic regions.
The "Help" link will show you different tips for each page on the site, so click here often as you explore the site.