Ear-Boxing Case.

Daily Telegraph (Napier), Issue 5322, 12 September 1888, Page 2

Ear-Boxing Case.

MAYO V. STURROCK,

After we went to press yesterday afternoon further evidence was taken in the above case. Ada Wo, .kins, a little girl who sat next to plaintiff's child on the day in question, gave evidence, and bore out Gertrude Mayo's statement as to how she came to be hit by Mr Sturrock. Marianne Woodcock gave corroborativo evidence Sho deposed that some timo pievious to the day on which Gertrude Mayo was hit she (witness) had been told by Gertrude Mayo that she had a cold, and had been deaf ever sinco ; that was since the Christmas holidays. Sylvester Woodcock deposed ho remembered being at, school on tho day Gertrude Mayo was struck. Mr Sturrock hit her on tho ear. Saw Mr Sturrook hit her with his open hand. Thought sho tumbled down ; did not see her face after she was hit. It was not a very hard blow. Sho knocked the form over by going back; thought she went back because she expected another blow.

This closed plaintiff's case. Mr Dick, opening the caso for the defence, said His Worship must have seen tho pitiful appeal made by Mr Lascelles. Tho ovidenco they would bring would bo clear and distinct on tho point as to the injury that was done. They would prove that there was was no deafness caused by this blow ; the real deafness was oaused by the throat disease. They would also show —in fact, it had already been proved—that the blow was not a hard one, and that no injury whatever was done by this blow. He would call the medical evidence first. Dr. Spencer deposed ho examined the girl Mayo, also her throat, together with Dr. Preston, on Friday last. The tympanum of the left oar was ruptured. Tho throat was discasod. They could not ascertain tho extent of it, the child objectuajf to their producing an instrument. The child's power of hearing was tested with a watch, and thoy found she could hear its ticking eighteen inches from tho right ear, and twelve inches from the left. The child was slightly deaf in the left ear, and this might havo been caused by the condition of tho throat or the tympanum, or by both combined. There was quite sufUeient to aooouut for the deafness by tho state of the throat. The ruptmo of tho tympanum, might cause partial deafness, hut he did not think that it wa> likely to cause total deafness. It would bo impossible to say whethei tho rupture produced the donfneM. until the throat was better. There might ho sudden sounds in tho ears with that deafness, which might account for the child thinking that some* thing had given way in tho ear. Dr. Preston gave similar evidence. Three school children—Ellen M'Vay, Emma Otton, and Kate Crouoher—gave evidence to the effect that Mr Sturrock

merely slapped the girl Mayo on the left aide of tho face, and they stated that before

tho child was hit sho had complained of being deaf.

Christina King, M:iria Harrot, and E. T. Woodcock deposed that they had known tho girl Mayo to be deaf many months before tho day on which she was hit by Mr Sturrock. Archibald B. Thomson deposed that he was headmaster of the Napier District School. On the 29th of July ho had occasion to go into the sewing-room, and at his request the mistress called Gertrude Mayo, who at first did not seem to hear the call. Told the girl that he had heard she hud been deaf, and asked her whether she was still deaf. The girl then replied that sho was deaf, but not so bad as she had been at first. She told him that she was not suffering any pain. Had a conversation with Mr Mayo regarding tho alleged assault. Mr Mayo told him tlmt I he had a doctor's certificate, and ho showed

it to him. Ho (witness) replied that on the face of it it seemed a serious matter, but they had so many complaints which really had nothing iv them. Told him to leave

he matter stand over until he made en-

quiries. Saw Mr Sturrock about it, ni\d a few days after that again saw Mv Mayo, whom Mr Sturrock had seen h l »he mean-

time. Mr Mayo told him (witness) that he had decided no* to take any proceedings. Mr Mayo, said that ho intended to see the School Committee about it; told hwa he

thought that would be the best Mr Mayo also told him that he was glad that tho injury hud JWt proivod so.severo as he at first had feared, and Mr Sturrock having apol/.gised to him, ho (Mayo) thought it would bo sufficient punishuWnt if Mr Sturrock wero repimtviuled by the. committee.

It was now six o'clock, and the R.M. _ug£f„.o<i an adjournment. Somo discussion ensued, the R.M. stating that ho had to go into the country on tho following day. It was decided further hearing of the case be ta,kvn on Thursday morning at hsU'past ten o'clock.