HALF-A-GROWN DAMAGES

New Zealand Times, Volume XLVII, Issue 10951, 13 July 1921, Page 6

HALF-A-GROWN DAMAGES

BOTANICAL GARDENS SCENE TIMELY INTERVENTION OF DIRECTOR OF PARKS. “HORSE-BITING” EPISODE. The sequel to an episode in the Botanical Gardens was heard before Mr F. K. Hunt, S.M., yesterday, when Rex Bernard Dunne (Air W. E. Leicester) proceeded against John G. ■Mackenzie, director of reserves (Air J. O’Shea) for tbe sum of £lO damages. Al r Leicester, in outlining the case; said that, on June oth 1 asi., Dunne and four other lads were going down through the Botanical Gardens on their way from the Keilbum kioek. They had been pelted with stones by some other youngsters, and two of Dunne’s party had pursued the boys and captured one of them. They had proceeded to chastise him, when the defendant bad arrived on the scene. He had walked up to Dunne, and, without receiving any provocation, had “punched him in the eye.” There had been nothing tp show ■ that the defendant was in authority, and the plaintiff keenly resented the outrage to his person and the, indignity he had suffered. He chose this means of obtaining reparation, and claimed only small damages. “NO RIGHT OF ACTION.”.,, Rex Dunne, in evidence, said that he was a cadet in the Railway Department. At this stage it transpired that Dunne was only sixteen yeans of age,' and as a minor had no right of action unless costs were guaranteed. This Air Leicester undertook to do, and Mr O’Shea consented to waive the legal objection to Dunne’s right of action, Mr Leicester pointing out that if action had to be taken through a guardian it would mean simply a little delay, and also that the defence would -not be eptitled to costs, as plaintiff was a minor. ■ Dunne then proceeded with his evidence. This was along the lines of Air Leicester's statement. The defendant had struck him without any provocation. The two lads who had thrown stones wore known to . him; they made a practice of that sort of thing. The lad caught had been pinched, and had cried out. Cross-examined, witness admitted that the process of punishment visited upon the , hoy was\known as ( “horsebiting.” (This," said Air was a painful process.) Air Mackenzie, according to the witness, had not been eontentv with hitting him, but had kept on. rushing at him. Four other lads, William Cudby, Leo. , Reid,. Stuart Emerson, and James Stewart, who had been with Dunne, also gave evidence corroborating his tstatements". x FOR THE DEFENCE. EMr O’Shea then addressed the court. The defendant, he .said, had heard a scream and sopn a lad crying. IHe had gone up to Dunne, who had “shaped up” to him* in an aggressive manner. He had asked Dunne, “How would you like me to hit you p’ ’ Dunne had replied that “whatever the boy had got had well served him right.” Dunne had shaped up, and defendant, irritated by* the “ruffianly behaviour of the after warding him off for some time, had hit out. ' John Mackenzie gave evidence t© • this effect. Dunne had “shaped up’’ to him first, and had pulled his tie off. He had been qpgaged in this work for twenty years, and these gangs had always been a nuisance. Cross-examined, witness admitted that he could have reported Dunne to the City Council, and have had him punished. Such ’an act would have .been within the scope of his authority. ’ - Leo. Lewis, one of the stone-throw-ers, gave evidence. Defendant, he said, had struck at Dunne first. This concluded the case. The weight of the evidence, said the magistrate, was clearly in favour •of the plaintiff. Mr Mackenzie, very properly, had’ heen indignant when he had heard of the ill-treatment of young Lewis. Dunne lirui deserved what he got, but the law did not allow defendant to strike him wilfully. Plaintiff was entitled to damages, but there had been no damages proved. Accordingly he gave judgment for plaintiff for half-a-crown and no-costs.