A BRUTAL ASSAULT.

Otago Witness, Issue 3912, 5 March 1929, Page 15

A BRUTAL ASSAULT.

BROTHER THRASHES BROTHER.

AUCKLAND, February 27. That he had thrashed his brother with a doubled stockwhip until he brought blood, so severely in fact that the latter was in bed for a week and the marks were visible for a month later, was admitted in the Kaitaia Police Court today by Edward Howell, of Takahuc. Howell was fined £lO.

“ The evidence discloses a very brutal assault,” said Air J. H. Luxford, S.AI., to Howell, who was charged with assaulting his brother Luke by strikin" him on the back with a stockwhip and kick--I?g k l ra on ke l iead - The police stated that Luke was not quite right mentally and had been thrashed to such an extent that he had been in bed for a week, but was unable to lie on his back. His back had been shown to the police a month after the thrashing, and the welts were still visible. A doctor had examined Luke’s back and had expressed the opinion that a severe thrashing had been administered. °

For the defence it was stated that the father was dead, and the accused had been bringing up the family. Another brother was mental, and the accused considered he had to keep a sharp eve on Luke. The thrashing, however, had been administered because of repeated thefts from a neighbour’s garden. lhe accused said that he doubled the ash and handle together and thrashed his brothers bare back. "I brought some blood, he admitted, “ but not much.”

William C. Kirtlan, farmer, a nemhhour of the Howell family, testified°to the excellent name held by the accused. Luke had stolen things from witness’s’ gaiden, but the latter had never complained as he knew that the accused was sensitive about the family name (( If I may suggest so,” said the witness, “it would be a measure of safetv for the pubhc if Luke went to a mental home like Ins other brother.” The magistrate expressed amazement that any one could so far forget the code o orchnary kindness. Even supposing that he did stand in loco parentis, there was nttle mitigation except the accused s previous good character and the fact that he was trying to briirn up Ins brothers and sisters. He had seriously considered gaol, he said, but in view of the good report by the police »«;;"Tno. ch " Mler he ™““