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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.

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Bibliographic details

WARDER AND PATIENT., Auckland Star, Volume XL, Issue 93, 20 April 1909

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WARDER AND PATIENT. Auckland Star, Volume XL, Issue 93, 20 April 1909