“HORSE-BITING”

Dominion, Volume 14, Issue 248, 14 July 1921, Page 5

“HORSE-BITING”

BOTANICAL GARDENS INCIDENT BOY CLAIMS DAMAGES FROM RESERVES DIRECTOR In the Magistrate’s Court yesterday, Bex B. Dunne, a cadet in tho Kailway 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 heal'd by Mr. F. K. Hunt, S.M. The plaintiff in evidence said that on Juno 5 he was in company with four others, and after having tea at the Kelburn kiosk they walked through the gardens towards the entrance, and sat dgwn 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 v 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 bauds in his pockets, and was walking up a track when he heard someone call- out "Did you hit that boy?" Witness told the defendant, who had called out, what had happened, and was looking at the boy ■when the defendant struck him in the eye and knocked him off his balance. One of Irs companions called out: “Strike somebody of your own size." The defendant then asked them for their names, wbi<-h they gave him, witness lending him a lead "pencil to write down the names. They asked the defendant for his name, but he would not give it to them. To Mr. O’Shea: They had never previously struck or pinched the. boy. Tho pinching did not make the boy cry, but It made him squeal. Before ho was struck he did not shapi- up to the defendant and grab his tie. What they were doing to the boy was wliat was called "horse-biting.” It was not true that they had ill-treated tho boy on a / previous Sunday. Corroborative- evidence was givt-n by William Cudl?y (aged 16), Leo Read (1G), S. Emerson (16), and James Stewart (16), members of plaintiff’s party. John G. M'Kenzie, tho defendant, said th it he was walking round th;- gardens, and he heard some boys calling out "Catch him,” “Hold him.” Witness went to see what was happening. He 6'iw a little fellow crying, and asked him what was the matter, and the lad pointed to one of a group and said "Ho hurt m-.” Witness said to the. group of boys, "Come down "here.” Stewart and Dunne came forward; the. latter assumed an aggressive attitude, said that tho boy b—- well deserved all he got, and shaped up to witness, pulled his tie off, and struck at him. When witness said to him* "How would you like me to hit you?” Dunne struck out at him. Witf-- ness warded off the blow, nnd when Dunne continued witness struck him. Evidence was also given by the little boy who was the victim of the "horsebiting,” and the lad’s father. Tho Magistrate said that Dunne deserved all he got, but whether the law allowed a man to take th. law 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, blit he won't get that," said the Magistrate. "He will 1 ha awarded 2s. Gd. damages.”