SOLDIERS AT LAW.

Press, Volume LIV, Issue 16208, 10 May 1918, Page 4

SOLDIERS AT LAW.

C.'L.A IM FOH DAMAGES FAILS

oriro hotworn a sergeantmajor and a clerk, both employed in connexion with a Medical Board, resulted in a lawsuit in tho Magistrate's Court, before Mr T. A. B. j B'lili.v, S.M., yesterday morning, when i Roycc Meers Wilson (Mr Johnston) proceeded against Archibald Richard Clark (Mr Alpers) for £200 damages for personal injury. Mr Johnston said that Wi! s on hud volunteered for active service, but had been discharged from camp owing to physical disability. He then obtained an appointment on one of the Medical Boards as a clerk. Clark was a ser-ge.int-major 011 that Board, and adopted towards the plaintiff an attitude of animosity, attempting to treat nini as an orderly rather than as a clerk. On the occasion of a "sing-song"' when the Board was at Kaikoura, Wilson, having drunk a few glasses of wine, became a little "delirious'' by tho time he went to bed at the hotel wh<'re the Board's olfkors were staving. Defendant, on meeting Wilson at the entrance to a bath-room in the morning, grabbed him by the shirt, shook liini. and told him that he would have to behave himself. Plaintiff told Clark to take the proper steps in regiirci to ihe matter. - and pushed forward into the bathroom. Clark followed hiui into the room, and struck him violently on the eye. intiicting severe cuts and felling plaintiff, who remained for some little time in a semi-conscious condition, after which he got back into bed. By the way in which Wilson was subsequently treated, it appeared that the Board looked upon the matter very lightly. They seemed to have a dislike for Wilson. Drs. Sandston and Scott gave, evidence regarding Wilson's injuries. Mr Alpers alleged that Wilson rushed at Clark in a fury, and Clark, being thrown off his balance by reason

of having- an artificial ley, struck out at Wilson. Mr Alpers also alleged that the injuries to the spine of which Wilson complained wore probably caused by plaintiff falling from a window while drunk on the night previous to the bathroom episode, and not by the fall from Clark's blow. To Mr Alpers plaintiff said that he had been in the CI camp, and was of a delicate constitution. It was untrue that he and a man named Johnson were so obstreperous and noisy that they had to he locked up in a room by themselves on the night in question, and that plaintiff fell from the window in getting out. The statement made by defendant to his counsel was not correct, and the affair did not take place outside the bathroom door, but inside. He reiterated that Clark had a "down" on him. Mr Alpers, in defence, said that it was regrettable that the plaintiff had received the injuries he had, but he

submitted that they were not sufficient

to entitle him to the - damages he claimed. It was Sergeant-Major Clark's duty to supervise the conduct of the privates on the staff, and so far as file actual fracas was concerned the

story of neither Wilson nor Clark was corroborated. The defence ' alleged provocation and justification for the assault.

Mr AlpcTs put in tho evidence of Surgeon-General Skerman, Captain and Sergeant Hendry, and called the defendant, Archibald R. Clark, who said he was sergeantmajor with No. 2 Canterbury Medical Board. He was in charge of Privates Wilson, Johnson, and Eraser, who were attached to the Board. Wilson had been on the board about three months, and had "kicked over the traces" several times. He had spoken to Wilson, but never reported him. Witness described the scene which had taken place the night before, when he believed Wilson and Johnson had been locked in a room and had got out of the window. He hoard them allege that someone had "heaten them for some change." Both Wilson and Johnson were exceedingly noisy and used bad language and kept up the row until a late hour. Next morning witness went to - the bathroom, and when he came out he met Wilson, to wliom he remarked, "Well, Wilson, you succeeded in making a perfect ass of yourself last night.'' Wilson pushed him and said, "You go to and get to out of this." Witness immediately struck out and hit Wilson. It was a severe blow, but Wilson did not fall. This took place just at the bathroom door. Witness then went to dress, and after breakfast, when he heard that Wilson had liis eye cut, \ went up and saw him, and after expressing regret at injuring him, said that they had better get his (Wilson's) injuries fixed up. He believed that Captain Mcllroy took Wilson to the local doctor. ' An enquiry was held " subsequently. Witness had never offered to pay for Wilson's injuries. To Mr Johnston: The Crown would have, to supply medical attention to a home service man. He did not admit that ho had committed any unlawful act; he believed he had a right to defend himself. Wilson had not struck witness; he had pushed him.. Witness had been injured whilst marking at the butts. He had had to have his leg* amputated and had had an artificial leg for about twelve months. John Eraser, ex-clerk on the Medical Board in question, gave evidence as to the drunken row which had taken place, the evening before the assault.

To Mr Johnston: Ho was under the impression that Wilson, at the enquiry, acknowledged pushing Clark. Ris Worship said that, to him, the plaintiff's story was most improbable, whereas the defendant's was at least reasonable. Defendant no doubt struck too hard a blow, but under the circumstances it was hardly likely that he would hare time to consider his actions. Judgment would bo for the defendant.