BRUTAL ASSAULT

Hokitika Guardian, 1 March 1929, Page 8

BRUTAL ASSAULT

MAN THRASES BROTHER. AUCKLAND. Feb. 27. That lie had thrashed his brother with a doubled stockwhip until he brought blood—so severely in fact that the latter was in bed for a week and the marks wore visible a month later—was admitted in the Kaitaia Police Court to-day''bv Edward Howell, ol Takaliue. Howell was fined £lO. “The evidence discloses a very brutal assault,” said Mr J. H. l axford, S.M., to Howell, who was charged with assaulting his brother, Luke, by striking him on the back with a stockwhip and kicking him on the head.

The police stated that Luke was not quite right mentally, and had been thrashed to such an extent that he had boon in bed for a week, but lie was unable to lie on bis back. His back bad been shown to the police <° month after the thrashing and welts were still visible. A doctor bad examineel Luke’s back and bad expressed the opinion that a severe thrashing had been administered.

For the defence it was stated that the father was dead and accused had been bringing up the family. Another brother was mental and accused considered that lie had to keep a sharp eye on Luke. The thrashing, however, had been administered because of repeated thefts from a neighbour’s garden.

In evidence, accused said that he doubled the lash and handle together and thrashed his brother’s bare hack. “I brought some blood,” he admitted, ‘‘but not much.” William C. Kirtlan. farmer a neighbour of the Howell family, testified to the excellent name held by accused. Luke had stolen things from "it--1 loss’s garden, but witness had never complained, as lie knew that accused was sensitive about the family name. “If I may suggest so,” said witness, ‘‘it would he a measure of safety foi the public if Luke went to a mental home like his other brother.”

The Magistrate expressed amazement that anyone could so iar forget , the code of ordinary kindness, even supposing that he did stand in loco parentis. There was little mitigation, lie thought, except accused’s good character, and the fact that he "as trying to bring up his brothers and sisters. He had seriously considered gaol, he said, but in view of the good police report of accused’s character lu would inflict a line of £l ( k