MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 864, 9 July 1910, Page 18

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) • CORPORAL PUNISHMENT. A TEACHER PROSECUTED. Edward Howe, master of tho woodwork class at the Rintoul Street School, was defendant in a case of alleged assault preferred by, Esther Harvey, on behalf of. her son,_ I'ercy Harvey, u pupil or the class

Mr. A.: L. Herdinan appeared for complainant, and Mr. M. Myers for de-r fondant... .

Mr. Herdmali stated that during school hours one of the boys in defendant's, class took a piece of chalk and wrote tho word "Rot" on defendant's desk. In order tu find out who had committed the' offence Mr. Howo made all tho boys in the class (about twenty-six. in number) write the word "Rot" inchalh on Uadcbuanl. Mo also made them' write the 'same word on a piece of paper, and made a comparison of the halndvVritings. He then concluded that Harvey's writing pointed to him as the rifeuuer, and took tho boy out into a corridor and gave llirn an unmerciful thrashing. This not, in counsel's opinion, was altogether unjustifiable,' whether the boy had committed the offence, or not.

Percy Earvoy, a lady of fourteen summers, in the course or evidence, denied the offence attributed to him by tbu master, and tho testimony of the .other boys would .-bear him out. Defendant took him''.into'the porch, shut the door, and punifelied. ; :jiim with a cane abo A three-quarters: of an inch in diameter. Witness thought that he received fifteen or sixteen "cuts" on the hands and four on the legs. While, tho thrashing was going on defendant tried to. force .witness to confess) [his guilt, 'I cMd. not' say so," said witness.

To Mr. Myers: it was true that do--fendant had !md trouble with the class, some of the'pupils being, very troublesomo. Witness had once hooted thb master after, a piecc of wood had been flung at tho; ilour, and the boys-.did not "let on" who-the culprit was. Dr. H. J. M'Lean gave medical evidence to the effect that on examining Percy Marvey after the assault he had found the boy's hands very much swollen, and there- were, also marks on his left tliigh. • The ... boy seemed in '-much pain, and'.there -was; : a;blood blister',,onone of his' hands. ; ■ '

. Police-Sergeant Dart, who also saiv the hoy alter, the. occurrence,'gave similar evidence to that of the previous witness.

Cyril _Dentico, a pupil of the class, gave evidence corroborating the'story'of the lad Harvey as to' the writing 'of - the word "Kot," and also as to : the fact that the thrashing was administered. Mr. Myers, for the defence, said that tho class at this school had always, given defendant trouble. On June 15, a piece of wood was hurled at tlie dooi, and, although a searching investigation was made, the culprit was not found out. Tlie pupils handled tools, including hammers and chisels, ana, under the circumstances, it was absolutely essential that discipline should be maintained. On Juno 22, while defendant's back wua turisd, tho word "Rot" was written on' tho desk. This was an intolerable act. Defendant, after carefully comparing , the handwriting of all tho boys,., wan perfectly satisfied that Harvey did commit the offence, and thrashed him accordingly with tlie cane produced—a cane about' half an inch in circumference and about a little over three feet in length. The reason why Harvey was,struck on tho legs was becausu ho would not hold out his hand. In conclusion, Mr. Myors asserted that defendant was quite right in thrashing the boy, as such acts-as that committed- would disorganise the class. . Kdwin Howo, teacher of woodworn under the Wellington Education Board, said that ho had had considerable trouble with tho class, Once before lio had caned Harvey for subordination, and because lie (Harvey) stood tho test, well tho class looked upon him "as » little hero." This was why he tools Harvey into the porch. ' Defendant admitted taking out two canes, a thick and a thin one, hut the thick one was only taken in case tho othor broke. Witness gavo tlie boy about eight strokes on the hands, and only hit him on the legs three times - because he refused to hold out his hands.

Mr. iferdman: Did you tell the clasfi what you were punishing Harvey for? — "No."

Mr. Herdman: What justification had you for thrashing the boy in tlw maimer you did?—"l wont on too comparison of tho handwriting." _ - A sheet of paper bearing tho writings, of Hie pupils was produced, and 3lr. Herdman said that it seemed monstrou i that defendant could riot 'discriminate accuratc-H.

Mr. Herdman: Are yon an expert in handwriting?—" No."

Mr. Herdman: Well, then, how can you say accurately that the boy. committed the offence? And is it riot a fact you wero proceeded against in the Court before for severely thrashing n pupil of the Terraco School? —"Yes, tind the case was dismissed." This concluded the case for tho Ji'tence. His Worship remarked that there was no doubt that' tho punishment was ar.vere, but thero_ was equally no doubt that school discipline must be maintained. There appeared to be some boys

who were not amenable to discipline, and who ignored the authority of tho master. From the evidence, it appeared that the boy had given trouble. If tho master was satisfied in his own mind that Harvey had written tho word, ho

v.r-.;i justified in inflicting tlie "punishmcnt. The information would therefore be dismissed.

ALTERCATION ON A STEAMER. As tlio result of ail altercation on the steamer Kennedy at Grcymouth, oil the evening of June 19, Gee. Howard, fireman, proceeded against Edward Fenton Gibson, chief officer, ; on a charge of assault. Sir. p. J. O'Regan appeared (V complainant, and Mr. L. Herdman for defendant. From the evidence it appeared that on .the evening in question the complainant did not obey the commands of his officer, and after an altercation between the two, complainant ' was struck in the eye. His Worship considered that complainant had brought the trouble on himself, and dismissed the information.