RESIDENT MAGISTRATE'S COURT, WAIPAWA.

Hawke's Bay Herald, Volume XXI, Issue 5353, 10 April 1879, Page 3

RESIDENT MAGISTRATE'S COURT, WAIPAWA.

Tuesday, April 8. ("afore R. Stuart, Esq., R.M.) M f DONALD V. STEWART. This was an action for damages, brought on behalf of a girl named Margaret M'Donald — who lately was a pupil at the Tamamu school — against J. Stewart, teacher of that school. Mr M'Donald conducted the case for the plaintiff, and Mr Lascelles was for the defendant. Mary M'Donald, aged 14, deposed : I live at Patangata. The asssult took place on the 15th of February. I was then attending Mr Stewart's school. The alleged cause was that I failed to spell a word in the class. He smacked me on the ears two or three times. Then he struck me on the hand with a stick. After the beating I was sick in the head, and was in bed all day on Saturday. My hands were bruised, | and my hearing affected. I feel the effect of the beating yet, and I cannot use my hand. My mother saw me immediately. I have been with her ever since. By Mr Lascelles : All the rest spelled the word but me, Mr Stewart asked me to spell the word two or three times. He hit me two or three times. He said hold out your hand. I held out my hand. I showed, my ;ear to Pr Todd. I never I

suffered from my head before. I was sometimes a little giddy. I told my mother that my head was a little giddy. She spoke to Mrs Tyler about this. I showed her the mark on my hand. I know Miss Burgess.- 1 saw her at Hampden. I told her about this beating on the head. I did not go about with a •bandage on my head. I generally have cotton in my ears. My hand is injured in the muscle. I did not tell Miss Burgess that I was giddy. By Mr M'Donald : When I was asked to spell the word I tried. Margaret M'Donald, mother of complainant, stated : When my girl came home she complained of her chest, ear, and hand. Her hands were black like a piece of iron. She was giddy for three or four months before. By Mr Lascelles : I saw no other mark but what was on her hand. She said she was. hit with the end of a stick on the chest and knocked against a desk. This happened on Friday. I took her to the doctor on Sunday. I showed him nothing but the hand. I said nothing about the chest. She suffered from giddiness a few months before I told Mrs Tyler she was giddy. I wanted to go to a doctor before this happened on account of her giddiness. Mrs Tyler looked at her hand with me, but did not examine her. Ido not remember examining and undressing her. John M'Rae, aged 13, was called, and deposed : I was in the spelling class when the assault occurred. The word she could not spell was " insensible." The defendant knocked her against the desk and struck her on the hand. He hit her on the breast with the end of the stick. I was never touched with the stick ; children are not very often beaten. He told her to spell the word about a dozen times. Donald M'Donald, brother of the complainant, gave evidence of a similar nature to that .of M'Kae. Mr Stewart, in course of examination, stated that, the girl was step by 1 step brought to the bottom of the class for not spelling the word. The word was repeated to her and spelled for her over and over again. She at last refused to try it. He then ordered her to hold out her hand. She refused to obey. She held out her, hand at last, and he gave her three or four taps. He never boxed her ears, nor struck the girl's head against the -desk. This happened about eleven o'clock, and she continued in the class until dinner time. Some time before he was asked to go to Napier with her to see the doctor on account of her head. He considered that he did not exceed his duty any more than his Worship does now by sitting on the Bench. He did not strike her hard. George Logan, a scholar, stated that he saw all which took place on the day of the alleged assault. The schoolmaster did not strike the girl on the head, nor ■did he 'bang her head against the wall. He did not box her ears. Witness never saw any children ill-treated in the school, William M'Kenze gave evidence similar to that given by the previous witness. Mrs Tyler stated she helped to undress the girl shortly after the affair took place. There were no marks of violence on her body. Mrs M'Donald told me some time before this that she intended going to the doctor, as the girl had been ailing for two years. Miss Burgess stated that Mary M'Donald, the complainant, stopped at witness's place at Hampden for a week, shortly after the affair took place. The girl complained of nothing but her hand. Counsel having addressed the Bench, his Worship held that the assault was unjustifiable, and gave judgment for the amount claimed and costs —in all £27 7s. — Waipawa . Mail.