A MADMAN'S FURY.

New Zealand Herald, Volume LXVI, Issue 20363, 18 September 1929, Page 14

A MADMAN'S FURY.

ELDERLY SETTLER ATTACKED

STRUCK IN FACE WITH SPURS

COURT AWARDS DAMAGES

While walking through tho Paoroa Domain on November 26 last, Joseph Bnenan, an elderly man, was violently assaulted by Ivan Sokolic, a labourer, of Nctherton. Criminal proceedings were taken against Sokolic, and ho was adjudged to be insane, and ordered lo be confined in a mental hospital. Yesterday a claim for damages on Brenan's behalf was mado beforo Mr. Justico Herdman in the. Supremo Court. Mr. Fitilay appeared for Iho plaintiff, who asked for £IO6B damages, made up of £54 for loss of salary, £l4 medical expenses and £IOOO general damages. Mr. Blomfield represented the Public Trustee, guardian ad litem for the defendant, Sokolic. Tho claim set out that Sokolic assaulted Brenan until ho became insensible. Ho suffered injuries to his chest and ribs, and his health was so impaired that ho was incapacitated for a considerable time from following his occupation. Estate Valued at £4BO. Mr. Finlay said the. defendant, bad been certified as insane. Tho only sum available for damages was 1480, which was estimated to be the value of tho defendant's estate. Under flic Mental Defectives Act the primary claim was that of the mental defectives' department for .Sokolic's maintenance. Brenan could only claim such equity as remained over. A vivid description of the assault made upon him by this insane man was given by Brenan, who gave his age as 68. Ho said he had often seen Sokolic about, but had never spoken to him. As he was walking across the Pacroa Domain about 5.50 p.m. on November 26 he saw Sokolic about two chains away, with spurs in his band.

As they passed each other Sokolic struck him in the facts with the spurs, then knocked him down and kicked him. Witness managed to crawl through a fence, but Sokolic came after him and kicked him again. Witness called out, "Pull yourself together! You're murdering me," and then became unconscious. Apart from lacerations of tho face four ribs were broken. Three of tho ribs had healed since, but 'one had not. Ho had not been able to do any heavy work since, and he could not bend. He was gradually getting better. Public Trustee's Rights.

Mr. Blomfield said the Public Trustee had the right to dispose of tho whole of the properly in such a case and ho had also the right to come to the Court Indirection. The Public Trustee wished the Court to deal with the whole matter. Sokolic was a young man physically fit, but the superintendent of the mental hospital said there was very little chance of his recovery from tho mental state from which he was now suffering. Counsel suggested that if the Court awarded the plaintiff £2OO out of the £4BO estimated to be available that would leave what the Public Trustee considered reasonably sufficient to maintain the man.

"There is no doubt that Mr. Brennn has suffered a serious injury at the hands of this lunatic, and it is doubtful whether a man of his age will ever properly recover from the effects of this assault." said His Honor. He ordered £2OO to be paid out of the estate for damages and costs of the action, the balance to remain in the hands of the Public Trustee to be applied to the defendant's maintenance so long as he remained an inmate of a mental hospital.