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CHARGES AGAINST MARIST; BROTHERS. HEARING AT THE MAGISTRATE'S * , ■ , ;;/■■ COURT. [bv telegraph.—-press ASSOCIATION.] '.•<'".'■-.' Nelson, Thursday. The hearing of the charges against Brothers Wybertus and Kilian in connection with the Stoke Industrial School began to-day before Mr. H. W. Robinson, S.M. Mr. Myers appears for the Crown, and Mr. C. Y. Fell for the defence. Mr. Tunbridge, Commissioner of Police, and Brother John, Provincial of the Marist Order, were' present. There are 16 informations, and a- very large number of witnesses, over 30, from all parts of the colony. Of 16 informations laid, 10 are against Brother Wybertus, five for common assault and five for indecent assault, and f-ix against Brother Kilian for common assault. The charges against Brothers Wybertus and Elian are as follows: —Common assault against Edouard Forrier, known in religion as Brother Wybertus, on John Lane, or Malloy, on June 1, 1897; on Bertie Harkiii3, March 1, 1895; on William Ross, May 1, 1896; on Frank McCormick, ; June 1, 1895; on Albert Hands, August 18, 1894; indecent assault against Wybertus on James Louis Richardson, March 3, 1898; on W. J. G-uck-ert, March 1, 1898; ; on Edward Mathews, September 5, 1893; on Thomas Owens, February 17, 1896; on William dwick, May 22, 1897. Six charges of common ; assault against James Solan, known in religion as Brother Kilian, on Albert James, April 15, 1900 ; on John Davis, August 20,1900 ; on James Owens, May 30, 1900; on John Moap, August 1, 1898 on Thomas Lane, August 18, 1899; and on William Moore, June 20, 1900. Mr. Myers said the more serious charges were laid only this morning, and would notbe taken till to-morrow, as the defence had not received sufficient notice. In opening, he said the. informations were laid under the Criminal Code Act, because the time limit of three months imposed by the Indictable Offences Summary Jurisdiction' Act of 1894 nad expired, and it was necessary the cases should go to a jury. : [ Reviewing the charges, Mr. Myers said among the boys alleged to have been assaulted by Brother Wybertus one was silly, and another was a consumptive. As to the charges of indecent assault, the details were revolting, and he would not go into them at the'present stage of the proceedings. He proceeded to call evidence in the case against Wybertus of common assault on John Lane. ' * " " , " H -■ John Lane, aged 15, at present at Burnham, said he was going to breakfast with some boys before and some behind him, when Wybertus kicked him and smashed his hand. Witness fell and hit his head against , the edge of a, door. He was greatly hurt, and bled much. , He was taken to Dr. Duff, and his head was bandaged for a week. : He was kicked because he had not his braces on, and was holding- up his trousers. Witness exhibited a mark on his forehead, which he said was caused by a wound received at the time of the assault. ■ George Standridge, ex-inmate, aged 18, gave corroborative evidence. Dr. Duff deposed that a boy had been brought to him with a slight scalp wound above the temple, and on examining the sct on Lane's forehead said it might be the mark of such slight wound. William Joseph Green, ox-inmate, deposed that he was present when Lane had his head out open. : Wybertus kicked Lane' and knocked him against the corner of a dooi. .Thomas Walsh, a former inmate, said Lane was kicked against the \ door by Wybertus. He thought it \was because Lane's boots were unlaced. Thos._ Lynch, recently removed to Burnham, said Lane was going to breakfast without his braces, when Wybertus knocked him against a door. Witness was not sure whether it was a kick. William Ross, a former inmate, said Wybertus kicked Lane against the door. John Lynch and Jas. McMenamin corroborated. Accused reserved his defence, and was committed for- trial at the Supreme Court. • Bail was allowed, accused £50, and two sureties of £25, which were forthcoming. Brother Kilian was then charged with assaulting John Davis in August last. Davis, a Maori boy, now working at Hope, deposed that Kilian punched him in the eye, knocking him down.v It was not a blow with the open Witness never - complained till recently. In consequence of receiving a message, he vent to the orphanage a day oi two ftgo, i wnen ho saw Brother Damien, Augustine, and Cuthbert. Brother Augustine asked mc "To keep my advice thai I was trying to avoid the blow that Brother Kilian gave me." Brother Augustine first spoke about trying to avoid the blow. Witness said he did not fall in dodging the blow. Emanuel Baker said Davis was knocked backwards off his seat by Kilian, whe punched him in the eye._'.-... James McMenamin said he saw the blow struck. He believed it was because Davis was laughing in prayers. Henry, Clements said he saw the blow struck. , William Moore said Davis was smiling, when Kilian struck him with his closed fist. Albert James said he saw Davis struck. . This closed the case for the prosecution, and the Court adjourned till to-morrow. Mr. Myers stated that he intended vo go on with the charges of indecency to-morrow. Mr. Fell said ho could not make himself acquainted with the defence in so short a time, as he waSpcompletely in the dark. Mr. Myers said he must hold to his course. Some reason may have disclosed itself during the progress of the case that day. He submitted that the evidence should be taken as early as possible. The Magistrate said the accused had come to answer certain charges, and after his arrival, more serious charges were laid. Ho did not see how ho could refuse time if the defence wished it. , , Mr. Myers said he appreciated the difficulty, and suggested that .the evidence for the prosecution should be taken in one or two of these prosecutions, Mr. Fell having leave to defer his examination on the evidence till later. This course was agreed to. It is stated that the hearing of the charges may last a fortnight.

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THE STOKE SCHOOL SCANDAL, New Zealand Herald, Volume XXXVII, Issue 11483, 21 September 1900

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THE STOKE SCHOOL SCANDAL New Zealand Herald, Volume XXXVII, Issue 11483, 21 September 1900