RESIDENT MAGISTRATE'S COURT.

Wellington Independent, Volume XXVIII, Issue 3974, 10 December 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, December 9. (Before J. 0. Crawford, Esq., R.M.)

SUSPECTED LUNACY.

Ann Baker, brought up by Mr Inspector Atcheson on suspicion of lunaoy, was remanded for a week.

ASSAULT BY A SOHOOLMABTEB,

Stephen Carrick, schoolmaster at Porirua, wub charged by Dennis Ryan, police constable at Porirua, with having on the 3rd Deoember unlawfully assaulted and beat a little girl named Mary Ann Hall, one of the children attending the Gf-oyernmant school at Tawa Flat.

Mr Ollivier appeared for defendant. Police constable Ryan, of Porirus, deposed to having been called in by the father of the child on the daj in question to examine the child. The mother of the child stripped it, and showed two black marks, one on each shoulder. The marks had apparently been inflicted with a small stick.

Cross-examined by Mr Ollmer i The mark* appeared to have been recently inflicted. There was a red mark on the ohild's haok, in addition to the black marks. The black marks wore evidently made by more severe blow?. ,

George Hall, one of the parents, corroborated the evidence of the constable regarding the marks on the back of the child. The child did not cry, but suffered more inwardly, cross-examined by Mr Ollivier: He did not make any complaint to the defendant. Had never beaten the ohild himself.

Susannah Hall, the mother, deposed that the bruises of the child were severe. Tim child's shoulders were oorered by the dress, and by the stays and flannel, Cross-examined by Mr Ollivier : The ohild

told her she had been beaten because she came ■ home on the Tuesday. The master also called her bad names. Sometimes beat the child heraelf mildly with a small strap. There were five marks altogether on the child's back. (The stick, a piece of supplejack about a ... quarter of an inch in diameter, was produced.) She believed the bruites might bare been inflicted with that stick. The bruises had now ' - disappeared.

The ohild, Mary Ann Hall, who was accom* modated with a chair to stand in front of the . Benoh, suid that the soboolmaster had charged , her with telling her sister not to go to school* . She denied haying dote so. Defendant then struok her sererely five or six times with the Btick.

Cross-examined : On the previous day sho ' left school before the usual hour without per* missionP She did. not feel the marks much ! after the beating. She soon gat over ifc, * Arthur Dowdawell, a pupil at the school, ; deposed that the little girl had prevented her younger sister attending to the master's orders. On the day in question the schoolmaster re-

primanded the girl for leaving without permission on the previous day, and then caned her. The child went on with her lessons as

ÜBUftl.

Sergeant Mona^han applied to recall Mr Hall, as he had attempted to compromise the case at a certain stage. The Bench thought the matter should have been brought out before, and refused the application. Mr Ollivier addressed the Bench, contendinS that the amount of punishment inflicted did not exceed the requirements of the case. His Worship compared the French and the English methods of school correction. In England it was customary to use corporeal punishment. In the present case the question rested upon the comparative severity of the case. He did not think a girl of that piz» and weak constitution should have been punished by striking. The master had clearly exceeded his duty. He would inflict a fine of 40a and costs, or in default 48 hours' imprisonment. CIVIL CASES.— UNDEFENDET). J. F. E. Wright v A. Easton.— Claim £27 9s Yd. Judgment for plaintiff for £25 9s 7d, and costs. J. Cornwall v Charles Papal. — A fraud Bumnions for £12 10a. Ordered to pay 2s 6d per week j in default, to be imprisoned for one calendar month. Sonierviville v J. Stewart. — In this judgment had been reserved from a former sitting. His Worship was of opinion that the accident had occurred from (he absence of lights, but it did not relieve the defendant from responsibility in the matter. He knew where be was going, and if he chose to drive out at that hour, he must shure a portion of the responsibility. Ho thought, however, that justice would be met by giving a value of £30 for the horse. Judgment would therefore be for that amount.

B. Porter v J. Orr.— Claim £50. Mr Ollivier appeared for plaintiff. The evidence of defendant, which he proposed to give at Q-reymouth, Lad not been received. Tfc ap-

peared that the defendant had instructed the

plaintiff to purchase 30 kegs of butter of prime quality at a certain price, to be supplied at Greymouth ; that he carried out the consignment, but that the draft upon defendant bad been dishonored. The plaintiff thereupon caused the consignment to be sold at defendant's risk, and he now sued for loss sustained. He had subsequently drawn for this amount, and the draft was refused. Plaintiff had reduced his claim to £50 to bring it within the jurisdiction of the Resident Magistrate^ Court. His Worship gave judgment for tho amount, vritL costs. J. Evans v P. Cockery. — Claim £4-, for a set of harnese. Plaintiff deposed that a Airs Sykes bad taken away from his shop a portion of a new set of harness he was making for her, and also other harness to make up the complete set. He subsequently sent the remainder of the new set of harness. He ap-

plied frequently for the portion lent to be

returned. Defendant denied any knowledge *of tl.e matter. Mrs Sykes had delivered the harr.ees to Corkery to be returned ; but defendant eaid that a man named Spackman had received the hurness, and handed it to a tall man in the shop with ginger whiakere. It was quite impoasible for the goods to have been delivered without hie (plaintiff's) knowledge. Cookery, the defendent, said he saw a man named Stackman deliver the harness to one of plaintiff's workmen, Mr Ball. .Albert Spackman deposed that he handed the harness to one of defendant's workmen. The witness gave a good deal of contradictory evidence, and was frequently prompted by Cockery.

James Eraser Bell said the parcel was not delivered to him by either Cockery or Spackxnan. The parcel could not have been returned without the knowledge of everyone in the shop. His Worship entered a nonsuit. 10CKYEE T BRENKAN.

This was a suit brought to obtain possession of a tenement, and arrears of rent. Plaintiff aaid that no rent had been paid eince October 31. Judgment for amount olaimed, possession of tenement to be given up in a week. AN abab.

Joeeph Hollis, a respectable looking man,

came into Court in company with his son

Thomas Hollie, a youth of fourteen years of Bge, the latter being in the custody of Sergeant Monaghan,

The father deposed that the boy constantly absented himself from his home, slept under the wharf, ai d lived precariously on board the ebips in harber. The boy had been frequently sent to situations, but had run away. On the last occasion he was found blacking pota and kettles on board one of the vessels.

Ultimately, at the request of the father, an information was laid against the boy for vagrancy, the case being remanded for a week to admit of the boy being sent to sea if poseible in the meantime.

This concluded the business.