STRUCK WITH A BATON.

Star (Christchurch), Issue 16819, 23 August 1922, Page 8

STRUCK WITH A BATON.

CLAIM AGAINST A FOL ICEMAN, The hearing of a claim for £5Ol damages by Walter Thomas Duckmaxiton, labourer. ltakaia, against George Phillips, constable, Christchurch, was continued in the Supreme Owirfc to-day before liis Honor Mr Justice Adams and a common jury of twelve. The case arose out of a souffle <mi the beach at the Rakaia Mouth midnight on Boxing Day last, the constable Struck Duckmanton, who wks a member of a fishing party, on the lie ad with his baton. The defence was that the blow was given in self-defence. Mr O. I’. J. Alpers, wi n him All* C. S. Thomas, appeared for plaintiff, and Mr F. D. Sargent an 1 with him Air AN'. Cracroft-Wilson, for defendant. was reserved to Air Sargent i-o more later for judgment for defendant on the ground that action was not taken by plaintiff until more than three months after the alleged assault r:as committed, and that the case, therefore, ooukl not come under the Fisheries Act-. Air Sargent, addressing the jury, said that the blow could not have been a serious one, as Duckmanton did not fall, but only reeled. Mr Alpers said the case involved not only a crack on the head for plaintiff, bujb plaintiff’s character as a decent citizen. It was an insult for the conviable to strike a law-abiding citizen, and on that ground alone plaintiff was entitled to damages. His Honor summing up said that a blow was not an actionable assault unless the blow was unjustified. If a per. son assaulted or threatened to assault another person, the other person was justified in protecting himself ns long aus he did no more than was reasonably necessary. That principle applied to rangers and constables, as well a.s to ordinary persons. A person in defending himaelf had not to wait until he wa» knocked down, or for the physical not that would cause him to fall. Ita question whether, if plaintafF? story was true, he could have escaped with such a small wound as the doctor bad described. A constable was trained for conflicts, and his right arm, if u»ed purposely, would he apt to give a very strong blow.