DISCUSSION IN PARLIAMENT.

Evening Post, Volume LX, Issue 72, 22 September 1900, Page 7

DISCUSSION IN PARLIAMENT.

EVIDENCE OF BROTHER KILLIAN. [BY TELEGRAPH —WHJS9 ASSOCIATION.] NELSON, 21st September. The prosecutions in connection with tho Stoke Orphanage were continued today. Mr. Fell, who appeared for Brother lOUian, said he proposed to call witnesses. Me contradicted the alleged assaults. The charges were the re&Uit of popular clamour, but there was no reason why the accused should be treated as a scapegoal. Even if he had exceeded his-autho-rity as schoolmaster, the case would be met by a small fine. Mo could not see why the whole machinery of tho Supreme Court should be set in motion and the accuicd subjected to the iudignity ol' b:-mg placed on his trial on such a- trivial cluige. Although there hud been a public fccandul in cuuueciion with the inhtilution, the Bench should disabuse its mind entirely of that, and deal with the charges on their merits. As lo the ■witnesses, the boy Moore was one of the moat virulent before the Commission. If struck in the manner described, he deserved it, but the striking was denied by tho accused. Counsel admitted that accused had punished the boy Davis, and explained that when the .charge was first laid the Brothers took steps to find out from Davis and the other boys present what had really happened. It was with this object that Davis was invited to call at the school, as commented on by Mr. Myers j-esterday; bub no attempt had been made to suborn the boy's evidence as* implied. Mr. Fell closed by describing .the charges as trumpery. James Solon, known in religion >as Brother Killian, said he had been Prefect at the Stoke School. He punished Davis at evening prayers about August, 1899. Abouit 110 boys were in the room at the time. During prayers Davis was laughing and talking. Witness cautioned him By motion of the hand, but was noC obeyed. After prayers witness spoke quietly to Davis. Davis, who was still kneeling, seemed angry, and said defiantly —"What do you mean?" Witness, then gave him one slap with his open hand on the side of the head —an ordinary box on the ears, such as parents often give their children. Davis recoiled two or three steps, but did not fall. As witness gave the stroke with his hand he said, "Stand out." Davis stood out, and went to the dormitory. Davis may have gone to Brother Loetus afterwards. Witness did not think the blpw could possibly have discoloured Davis's eye, as he had . not noticed any mark on the boy's face afterwards. He had never punished Davis before or since. Cross-examined by Mr. Myers —Had never struck a boy with his clenched fist. Had on occasion caaied a boy with a supplejack on the back and logs when his clothes "were on, but had never kicked a boy. Was somewhat hasty, but never really angry- with the boys. He was not an impulsive man. Wouild not say Brother Loet.us wa.s untruthful in saying to the Commission that witness was an impulsive man. As Prefect he had frequently to administer punishment as part of his duties. As to the Moore episode, witness had known Moore said before the Commission that he had struck Davis in the eye, but had not appeared to give a denial as ho was not called. Did not volunteer, as he could not leave his duty. Had not explained to the Commission other serious allegations against him because he had not been asked. Donald Mac Donald, known in religion as Bi-Ovlier Augustine, gave corroborative evidence. Witness admitted conversing with a boy regarding his evidence, but denied attempting to influence his evidence, merely advisimg the boy that at Court he would have to stick to what he believed to be time. In the course of examination, witness said he had been asked by Mr. Fell and Brother John to hunt up evidence for the defence. He had suspected Davis would be called on the other side as to the assault by Brother Killian. He had spoken to all the Crown witnesses (boys), as they had come to him to shake hands, but had not alluded to the case. He thought Davis was absolutely the only Crown witness he had spoken to about the case, but was not positive. Witness admitted speaking to Baker, but to no others. Witness was cross-examined at length as to his interview with Davis, and a conversation as to the case; Mr. Fell protesting at questions by Mr. Myers as being not fair. Brother Killian was ultimately committed for trial for assaulting the boy Davis by striking him in the eye. He was admitted to bail, himself in £50 and two sureties of £25, which were forthcoming. Brother Wybertus was then charged with committing indecency in respect to a boy. The charge was laid under the Criminal Code. The Court was cleared. The evidence was unfit for publication. Two lads corroborated the evidence lo the extent that there was opportunity for the offence. Evidence will be continued to-morrow. Accused was admitted to bail, himself in £lt)0, and one surety of £50. During the proceedings Brother Wybertus received information of the death of his father in Belgium.

When the Industrial Schools Bill -was called on for second reading in the House of xvepresentatives last night the Minister for Public Works said that in view of what had transpired in the Nelson Court wilh reference to the Stoke Orphanage matter, he would have to move for the postponement of the discussion of the Bill until another day. Mr. Pirani said he noticed thai I here had been a committal for trial, in view of which circumstance it-was possible the Bill could not be dealt with at all this session. Was it intended, he asked, to postpone it indefinitely, simply because of the Court cases? The Minister replied that all he desired at present was to postpone the Bill until another sitting. Mr. W. Fraser enquired whether it was -intended to adhere to the promise that the Education Vote in the Estimates would not be discussed until the. Stoke Commission Report had been dealt wilhV Mr. Hall-Jones preferred that the Premier should answer that question, and Mr. Seddon, coming into the House at that moment, said that all that was desired was to postpone the Industrial Schools Bill for that night. He wouid proceed with the Estimates on Tuesday. Mr. Fraser—What becomes of the promise regarding the Education Vote? The Pramier did not see why this matter should block the Estimates, which meant the postponement of the Public Works Statement and Estimates. Mr. Atkinson asked if it would not be belter to postpone the Industrial Schools Bill for six months. ' With these charges against the Orphanage officials hanging over for Supreme Court trial, the matter would be sub judice for some time to come At the same time, he would point out that the graver charges were not raised in the report of the Commission, on which a debate had been promised. Tne Premier said the postponement of the Industrial Schools Bill that night did not mean staving it off altogether. He was going on with the Bill no matter what happened in the Court—that was straight —and probably next Wednesday. He wanted the case in the Magistrate's Court finished first. Mr. Atkinson remarked that the case, so far as the Supreme Court trial was- concerned, would still be sub judice next week. The Premier admitted that, but said they would

have tho Speaker in the chair, and he would no doubt restrain members from going beyond proper limit?. He would say, however, as regards the Court cases, that committal or no committal, he "was going on with the Bill. It did not affect only the Stoke School, but also many others. The motion for the postponement was agreed to..

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