SAW MOTHER HIT BOY

Chronicle (Levin), 15 July 1949, Page 7

SAW MOTHER HIT BOY

Press Association)

lanslaughter Case Takes Dramatic Turn

(Per

ROTORUA, July 14. The cliarge of manslaugliter against . a liine-year-old boy who allegedly in flicted fataJ injuries on his 11-year-old brother vvith a broom handle was dis missed by Mr. W. H. Freeman, S.ML, m the Rotorua Magistrate 's Court yesterdav afternoon. The verdict was given after a llve and a lialf hour hearing during which L1 witnesses were called. The case tuok a remarkable tura late in tlie day wlien a 10-year-old fellow pupil ot accused and deceased gave what the Magistrate tenned "impressive evi dence" that he had se'en deceased 's mother striking him with a pieee of vvood on ,the day on whicli he died of injuries and that some minutes latei he saw and spoke to aecnsed a considerable distance from his home. Ten-year-old Selwyn Joliu Wright stated that he knew both boys st school. He knew where their liome was. Witness was cyeling by a shorl eut to school wheu he said, he heard screams coming from accused 's house. "Wlien the screams stopped I got off opposite the house and from behim some scrub walched the house. I sav a jNTaori lady ehasing a Maori boy round the back yard and hitting him with a stick. The Maori boy wa«uaked and was I'unning. In her hand she hafl a tliing like „a copper stick. Sho' was hitting the boy 011 the lower portion of his body, whicli he was eovoring with his hands. He was' making only a little noise. The woman said nothing. I watclied the ehasing for onlv a couple of seconds and then he rau over to the side of the batik facin'g me and I saw it was deceased. The Maori woman then tlirew a buclcet of water on him. I then went away to schol I saw accused at about the corner of Malfroy Road on his wav to school. I got off my bike and walked with him. Wlien I left him lie was still walkmg to school." The last witness 's mother, Mrs. Nola Lilian Wright, said that wlien she read the Press report about the manslaugliter cliarge she coupled it with something else her son had told her and tliought the incident might be con- ' nected. .Tolin Cliarles Mather, railway fireman, said that he had not heard anv screams that morning. Wlien he was working in the shed he had seen ac•'used's iiiotlfer, punisliing the boys. Once she used part of a limb of a bluegum tiee, on another occasion he saw her use a broomstick. Medical Evidence - Medical evidence was given bv Wil iiam James Watt, acting superrtnend ent of the Rotorua Hospital. He re latcd the extensive nature of deceased 's injuries. The Magistrate: Were the injuries lilcelv to have been caused by an adult or a boy?— I could not sav. " Dr. Walter Gilmour, .yathologist,. of Auckland, said that he liad examined Ihe broom handle two branches, a single liair from oue of the branches. i a coal shovel and a sample of liair ■ from deceased 's liead. Tliere was 110 i hlood on the broom handle or the; branches. Tliere was some Mood'onj tlie shovel but npt enough for tests t '! establish whetlier or not it was humair blood. , . Detective-Sergeant J", H. McLeaii said that on the night of June 22 he interviewed accused in the presence of his pareiits, but it was ditricult to ootain from them anv detailed ac eount of what had occuried. Regard ing tlie evidence of Wright, witness said that the distance from where \wiglit stood to the nearest part (f accused 's backyard was about 45 ieet. Throughout t.lie liearing accused, dressed in his scliool uniform, sai quietly in a corner. He became at tentive as his eounsel (Mr. E. Roe; submitted: "Tliere is not suffieient evidence to justify sending tliis case to the Suprenie Court. Tlie case is vorv slender mdeed. " If it were to go forward theu section 42 of the C'riiues Act would be operative and tliis stated that no person between ihe age of seven and 14 could be eon " victed of au ofl'ence unless tlie jury was of tlie opinion that :accused knew that the act or omission- was wrong. From tlie evidence, said couusel, oue would almost tlflnk that it was some- • one else who sliould have been cliarged. I11 summing np, the Magistrate said tlie evidence disclosed that deceased sufl'ered extensive injuries. "I am asked to believe that in tlie short 1 space of 10 minutes these were caused by accused. ' ' Referring to the testl mony of Joliu Wright, tlie Magistrate said: "No one can doubt that he must have impressed everyone in Court by his evidence. The boy's mother savs that deceased was dirty in 'his liabits and subnormal. iShe admits having used a whip and a strap 011 deceased. Witnesses had testilied that tliey ha.i heard certain expressions uiade by tlu mother and I am asked to believe tliai the injuries were caused by tliis little boy. Is it-not. more likely tliey were committed by an adult? It would ap pear to me that the mother ;s evidence has not been vei'y franlc. She did nol tell tlie Court the whole story. If. ii were sent 011 the case would not even pass the Graixl Jury," he added in dismissing tlie charge.