Untitled

Manawatu Times, Volume IV, Issue 70, 11 September 1880, Page 2

ibraham^PirilKpi^TirOalTiii Chester--=.olaii4T£2o.' This was a ease brought f or damajje^ done~to-a-ehili- J»y defendant* by. beating ,it abqnfc the head. Mr. Hawkinf appea¥ea?fbr the plairiliflj Sir. Maclean^ for the defendant. Mr, Hawkins stateJ tEe'fac&,p£"!Eheca»e at ioine length!, attd'c^a; % . ; Gepilia PhUHp'swh'o deppsed; 1 am ten yeaifi qldL I-liv* 1 v\ Taonuvvstreiit.;: Mr^Bhe;sjsr and hw family 'lire ne^ : . v ! . X^remember Thursdaj the^na'dflSiipfember. I wai -at Kome.makjng th"e be3ij and tras in* liide the house'r'' My little brother- waa p^kd; p)a3fingxi»i|hnß3f|tiro little §i« rtori.' Chester's giris wews also playing, jbuti savr nothing happ^i. It" was about talf-pastlten: Father ai«l nibther were ; aifay. ; Mrs.'Cliep^'aattw into th« house and attid me wh'^l did not look after Tommy andfieeiihiiitt^woni throw* ing stones. I said' [ tniit 12 had some thing elielto do! Sfto t^lclTm^that Tommy had strack her ;<Jhttd ; i with, a^ stone, kbout Kaltpasi^Wel^^. Chester eaW m and; asked^ir ,^m'my wai : .|ii;. Wten Ww_ai : going aw^« J sW Tommy .caught him,,an,d. j »ajd i ;h;« fas going to :Wt:■]^l|l:V^,|E•^^brpck--llm'- with his *clenche.di fisfci and-^oxed.Ks ears, vl saie.him4itvJ4m f j«fli a %; i^^V i, slapped him m the facie, too, and then weiitawayv^l^ayafolib^e aU mght. My mother came home atufifeo clock, My,broth«r ; ..wa», lying on the bed, as ,he; Kid W^eadache. v - To' Sfr r Maelean •, Father was away in.the bush. _ I£e;has_bee* away more than a month. He comes back once a W*k AS« came-v back on iaturdaf and this{lfook pUc^o^jiThursday. He wntaway on Mbnda^. JJrs Chester- ' 'Jrashe^thPblobi 6# Her child after she wa* hjt. i) ;i,aid not see Tommy: throw Aha, stone.:. 'Tammj^ifjl -not sior at all, 'Ife^i^tmyln^siniS, Mnot every tdaSp since. He has -hadjthe bandage round his head sinc^the,: doctor Dlis, tared his)ear. He has,tt*ken his food regularly. Ido not know; whether he j<;a good, shot «r no>> iT-hfre is a fence^ between^ Mr Chasie^ajd our PJacj^ :but the'jpalingaii' aye- .broken down. PL am qu\^ s.ure that J^ttlf Chester waa on ouii jpound«i[;Tflmtty7BufEered very much. .v-jMt.' Chester, ..;aiked me formotherland finaingi that she was notat home;^he said he wQ«!dßchastise him. himself. I am quite sure that Mx. Che»ter-Kt,. Tommy on t^e side # of th« head with- his shnt a»t. He hit him, qnpe/a>q <m *^eh}nd> The bj>w on th; iead wasihe^Mt^oa^e Tommy c sk painwO When Mr, Cheßter^bea^'T^Hmy, ha went home. Xcmdi^Uay_whetfeerLhe wat dwap, pointed at not finding mother^ at home. waX^iot an&iy^whei ht ftr^ck ff^^lW Bawkmi^^He hit Tommy three tiines^ -i-k -.;-'i _ _ „ . Sarsh-Phillips deposed v I recollect f thai'2nd>of Septettib'eiv.n lJL leift ; home at morning, Jrsltirning about. i fireinth'e : af{*rnoon.>'l saw my daughteß who told™me that Mr. Chester had beaten Tommy: • I saw the chilc^ tie looked pale. £ liaskAi him what wat the maftS> with him and he said Mr. Ohesteriiaa: b^e'atfn him about the head. ;At tea MMe^OC asktfefcf dia tW child* an* I found' that he had gone to lie on th« bed in-his~clothes. TOen 1 saw hin> •next'm6fiiing.%found his two eyes were; . itilackehed an ; d%uit» 3 swiollen. I then hrpughb him to Dr. Maclaobjan aftd ht gaye a prei.cript^« |«r h^a, g«

has seen him twice since, as he ■ till ~ r «6mplain«d of hit «ars. TKe doptiot . ordtnd th« back of hii ears to bt blistered.; Hit appetite hM not been affected. ■... : ;/, To Mr. Macleatf: I" have been twelve r month! m Palmers ton. I- gave Mr. 1 Chester a piece of my ntind. When I ■aid I.had. good, backers 1 referred to my relations irh.6 would' notaee m« iia,pbtfe°d t; uponv : *^X';'diQ''nbt''&ke.time to consider the judiciousness of going to Mr. Cheiiter before 1 teeing the child. ! I saw the child before tea. I do not think , the, child. snff or s froni worms. 1 ' undressed'^he.child myself, but he must" b-arer/gAt, up: earjy .and dressed. ' I »lW4y« arenandj undrtss ' him every, morning anxl evening. t ..I^e.ard; him" talkin^during * the ' night,,- .but did not. : take him. into my bed. I liaV« not been", „ a.yr,&j kinc^ ', the child wiui \ iiU; he' has; tidt petenottfc playitig since that day. 'X. do not thint he ate anything that disagreed With him. i \' ::'■;;'■ " iO ' L I ;;; : 'To thfe' Bench Vl haye been m |Ke "iiabit, of going out to Trork, aadif pse I , boy, had not boeh injured, I should have: ' beett at work three days. ; Dr. Maclachlan examined : Mr. Phillips came to me -with a| little boy, and ' 'described' the' nature^ of the injuries, , .which,, she imagined, ttye cjjild had re-. = e#ired. Both' eyes 'were tinga'd wjthi blac^, vbut tbfl ;lef t • especially. I pre,-i gcribed ",for the child, as it complained of pain- in thV'back-of^-the head, and when I pressed a swelling on that part i kftifelfctpafti;; . < on. ithe lef fc, ear^v nThefcbild' complained r~of ". internali pain; This -child sirai^ of ar - delicate, organisation, and consequently ■. violence, would have aigreater; effect on , j « hinii than. upon others. The 1 symptoms; ; described by the mbther wiere irthosehof- concussion of the brainy and , might have been caused by a beating. To Mr._Hawkms: The pain m the "~Faclf"or the Head could not be produced . by a disordered stomach; The blackness m the-eyes,- m a nervous child, night arise, from a f^ght v %. ,think the '^nost' of., tlie ihjuriei . ■ we're •aus>ai by ::u #ktenial jiolpnce..- : • ::•■■■■ _.>_ .; _ ' ; 5 Mr- JW^Baii^liaTing: addressed the-'''"Courtfat'-ibiHe length and fir defence palled" '■:. :- ' _ ->--«;^-i-:^ ; -": & •,.• '■■■ (Balrin. CheittrKwho. deposed : lam a carpenter, i On the /2nd I was informed, about ten o'clock by Mrs, Chester that ,v ;one o£ the : children had been hurt; I did [not go home, as being m; a' temper I might ha.^cdpne ipmething rash. tChe, '■■ cut oh the child's forehead was nigh to "'_ I went home to d^i^ner jlcaiight 'Tommy and brought ,hin> to. '';]]^^hilli^/jjopr, b\it aY shjewati not 1< (n I fcirjß .lum. two *}*V* Qw-Vij\ n biand and another on Vein back, but with odnipri a than I iwbuldi pun :sji- j one of my own children. TopMr.'xTawidni i The child yrw. .brought,^) me a fc half past ten. ,1 caught; hold of the child dfliljejpately atfd ■ walked Jbapi c 4o;wni; R« »*id, "I jtld npfc.meanifc.."^ | My attention ,wasj - attraoted-to-the-child by-Mrs-M-oar£hy and I saw him dodging round j the <i9P$'(X/i gfi { X ii-i/ :, .{ ■■- William Robertson depoved ; 4. *• laborei', an d lodge afcMcfl.Phillips. Ifwas not a6 home' when the stome was thrbwn ; .jXwm^ not ; pifsent, and. kapw, nothing '"'s^ulriheJMi^er.^ "' "•/<■■* :"-i '•- ; Greorge/Keys deposed : lam a ]tinimilhS^.Eittlej Toiiny. Phillips was m my shop about half-past eleven; on the 2udr; -^Whilel Iwas /m the kitchen fte put some spirits of salts m his r anoV I gay« hltn some milk aiv3fipwnli- 1 '■ To: Mr^Hawkins i : i Although ;he p.' mj^trhav^4akenpoison^L did t^iofcj tell )jis mother. sk a-.l^L-iuu^l ,:-, ;; ;;.H l To Mr. Maclean : The same syonptpms mightrhave been-caused by a disordered : \ itoma:c.h.f ;fiad the \child ibeen bi-oiighfc to me williio i|.t_. a should, have = treated jt for a disordered stomuch or 1 -. w<#tts£ A : a;^ :^'^ v ' i -.. :;;»-' This closedvthe evidence, and counsel on both' side's" having addressed \ they ;a J. /.. '£ -«• :>i- "A JIJO v. . I . ' •* Tl}B Magistrate said he had lis',enotl4 •■.T?^"**'*W-y/*'°'^*r*M^* n °® fdd'ic 3^ J Jj oa(botu lidei^sina Jie wks quite^aHsfied^ m hjstpwn'mmd that-not. only had the i assault bieen committed, but that; the k : pbild had -bee^ Injured \ y tV^st effects. exceptingthe parents, ©r those, duly aiitihdrised 'by them, bad |any. zdght to -take the law into their ;oWn hands. In the present* case, nad< the inflicted~the r chastisfe«ient at tbe time^of^^e commission of! the offeno^but af Lerja'ring <vaited fopj two hp^f^h'e,^ia_col3"blooa^^nflicte4 such panii^ment/is Was u^n'neoessar^y; s«- ; No doubt it was ▼ei^exasperato 'ne'er fits, own child in^cTred, but then .he had his\etnedy it lawman Am order to show that no xine could iak'e, into their own hands with imppnit^>judgmept ifoold .be giveii for .' : ' \ : '"' : '