“HORSE-BITING”

Dominion, Volume 14, Issue 247, 13 July 1921, Page 5

“HORSE-BITING”

BOTANICAL GARDENS INCIDENT BOY CLAIMS DAMAGES FROM RESERVES DIRECTOR In the Magistrate's Court yesterday, Rex B. Dunne, a cadet in the Railway Department (Mr. W. E. Leicester), proceeded against John G. M'Kenzie, director of city reserves (Mr. J. O’Shea), to recover .£lO as damages for an assault alleged to have been committed by defendant on plaintiff in the Botanical Gardens on Sunday, June 5. The case was heard by Mr. F. K. Hunt, S.M. The plaintiff in evidence said that on Juno 5 ho was in company with four others, and after having tea at the Kel-bu-.’ii kiosk they walked through the gardens towards the entrance, and sat down on one of the seats. There were several boys about who began throwing stones at them. His party then broke up, three going one way, and plaintiff' and another going in a different direction, to see if they could catch the boys. Plaintiff soon after saw two of his companions with a boy—one of those who had been throwing stones. They were pinching him, and he was squealing. Witness went away with his hands in his pockets, and wns walking up a track when ho heard someone call out "Did you hit that hoy?” Witness told the defendant, who had called out, what had happened, and was looking at the boy when tho defendant struck him in the eye and knocked him off his balance. Ono of Ivs companions called out: "Strike somebody of your own size.” The defendant then asked them for their names, which they gave him, witness lending him a lead pencil to write down the names. Offley asked tho defendant for his name, but lie would not give it to them. To Mr. O’Shoa: They had never previously struck or pinched the boy. The pinching did not make the boy cry, but it made him squeal. Before he was etruek ho did not shape up to the defendant and grab his tie. What they 'Were doing to the boy was what was call-d "horse-biting.” It was not true that they had ill-treated the boy on a previous Sunday. Corroborative evidence was given by William Cndley (aged 1G), Leo Read (16), S. Emerson (16), and James Stewart (16), members of plaintiff’s party. John G. M'Kenzie, the defendant, said th it he was walking round the gardens, nnd he heard some boys calling out "Catch him,” “Hold him.” Witness Went to see what was happening. Me row a little fellow crying, and asked him what was the matter, and the lad pointed to ono of a group and said "He hurt jn->.” Witness snid to the group of boys, "Come down here.” Stewart and Dunne came forward: the latter assumed an aggressive attitude, said that the boy b well deserved all ho got, nnd shaped up to witness, pulled his tie off, and struck nt him. When witness said to him "How would you like me to hit you?” Dunne struck out at him. Witness warded off tho blow, and when Dunne continued witness struck him. Evidence was also given by the little bov who wns the victim of the "horsebiting,” nnd tho lad's father. The Magistrate said that Dunne deserved nil ho got. but whether the law allowed a man to take th low into his own hands was quite another matter. M'Kenzie was wrong in taking the law into , his own hands, and the boy was wrong in adopting an aggressive attitude and using insulting language to him. "The plaintiff claims ,<£lo, but Im won’t get that.” said tho Magistrate. "He will be awarded 2s. 6d. damages.”