JUSTICE OF PEACE COURT.

Colonist, Volume XII, Issue 1244, 27 August 1869, Page 2

JUSTICE OF PEACE COURT.

THUKSDAY, August 26.

(Before C. Hunted Bkown, G-eobge, Bennett Henbt Whmams, and H. C. Daniell, Esquires' JJ.P. Mr. Beown" Chairman.) •

ASSAULT CASE. Charles F. Watts, of Nelson, gentleman, charged with heing guilty of assaulting William Tomlinson, of Nelson, gentleman, by striking him in the street. • ■ • . Dr. Combe appeared for the complainant, and Mr, ExsrGDON.for defendant, who admitted the char«e. Dr. Combe then said it would devolve upon him to mention the circumstances under which the assault was committed, and to ask the Bench to exercise its discretion as to the proceedings it would adopt There were three courses which- the court mia\\l pursue. Under the offences against the person act seotion 39, it lay in the discretion of the Justices to inflict a 'punishment of two months' imprisonment with or without hard labor; or to impose a fine not exceeding £10, with or without costs ; or they might by section 47, commit the defendant for trial before a Judge of the Supreme Court. The circumstances attending this assault were certainly of an aggravated character. Mr. Tomlinson was assailed in the day. time, in the public street, and in a most unwarrantable manner was beaten by defendant with a stick or cane. No apology had been offered, and no justifiestion had been attempted; and he was not aware whether or not his friend, Mr. Kingdon, intended to offer anything in the way of justification. Mr. Kjngdon : Certainly. Dr. Combe : In that case, then, I shall reserve any further remarks until I hear what the justification is, i Mr. Kingdon said he was quite sure that in ap. peaving before the Court none was more sorry f ot what had taken place than his client, Mr. Watts ; but while he regretted the occurrence, ho (Mr! Kingdon,) would like to explain the circumstances. While Mr. Watts was dressing to go down to town his attention was arrested by hearing one of his boys sobbing; and on enquiry the lad said he had been disgraced for life, for it appeared that for some trivial fault at Bchool, that of whistling, or something of the kind, the complainant had taken down his breeches and flogged him. This proceeding he would show was against the rules of the College, which did not permit of such a mode of punishment; and while Mr. Watts was still incensed because of the treatment of his boy, he went down the street, and the first person he met only a -very short time after he had been told of the circumstance was Mr^Tomlin. son, and he assaulted him on tie impulse of the moment. No one is more sorry for the occurrence than Mr. Watts, who is quite willing to admit that he did wrong.

The Chairman : Do I understand that the prosecutor complains of having sustained serious bodily injury ?

Dr. Combe said that he was cut about the head, and had he not had a strong constitution, lio would have suffered very severely, and he still bore the marks on his head and face". Mr. Watts was a man of much stronger build, and altogether a stouter man than the complainant. The facts as stated disclosed no justification of the assault. It would be necessary that the facts should be stated.

The Chairman: The court does not understand that the complainant received Berious bodily injury, That is not alleged by the prosecution.

Dr. Combe said that might be true, but still tho assault was a grave one ; and it had to be borne in mind that it would be quite impossible to maintain discipline in schools unless masters had power to punish pupils for insubordination, without incurrinn the risk of being assaulted by their parents. ]\ Tp master would be safe to walk along the street if this kind of thing were to be tolerated. All that appears is the fact ofthe assault, and it was committed by defendant, who is one of the Justices of the Peace for the Colony. The infliction of a mere money fine on a man in his circumstances would not meet the case; it was rather a case "where there should lie imprisonment for not less than two months.

The Chairman : Ai-a you prepared to bring forward evidence to prove that the punishment of the boy was a customary one ?

Dr. Combe would be prepared to prjve that complainant believed he had the power of punishing in the manner which he did.

The Chairman : If you have any evidence to shoir that caning, as described, is a distinctly recognised punishment at school, the Bench will be glad to heat it.

Dr. Combe -would be prepared to show that caning or punishment was allowed, but not in what particular manner it was to be administered. But even although complainant had exceeded his proper power in the administration of punishment, that was no justification whatever of the assault. The defendant had had no opportunity of knowing the facts of the case, or of enquiring as to the extent of the punishment, or of the offence which led to it jhe accopted the statement of his son, and without any enquiry he chose to take on himself to commit a breach of the peace, and to do that which it wa9 ha special duty, as a Justice of the Peace, to prevent being done.

Mr. Ejngdon reminded the court that Mr. WatU •was not complained against as a Justice of the Peace for the Culony of New Zealand. He is accused as Charles Watts, of Nelson, gentleman, and not brought into play as a J.P. He felt aggrieved, as fch? father of the boy who was so disgraced. Ho should not have minded, had the caning been in the ordinary way, for it might then have clone good. But tlie punishment given was not allowed by , the rules and practice of the College; the Head-master of the College did not allow it, aud no man would fail to feel angry if his son were stripped, and punishment inflicted on his bare flesh. The assault, too, happened within little more than ten minutes after the circumstance came to the knowledge of Mr. Watts ; and as to the fact of his being a Justice of the Peace, he was not complained against in that capacity, and he hoped their honors would make tte fine as light as possible.

Dr. Combe : It is usual that the position of tk defendant is taken into account in these matters, ft is-well known that Mr. Watts is a Justice of tk Peace, and we. shall prove it if necessary. The Chaibman : The Bench has arrived at tk conclusion that the defendant had committed an unjustifiable assault on the complainant, who, in addition to the assault itself, would suffer more keenly from such an occurrence, considering tlw position he occupied as an educated man and a teacher. The Bench accordingly fines the defendant £10i including costs.