PAGET-BASKIN CASE.

Taranaki Daily News, Volume XLVIII, Issue 81918, 22 February 1907, Page 2

PAGET-BASKIN CASE.

VEREICT FOE DEFENDANT

On resuming at 7.30 p.m., defendant w ,s further cross-examined by Mr| IS .rton. He thought ho was a quiet s i/t of :t man, and had never been in a quarrel in his life until this. He to-jk up the axe-handle becausn T)r i'aget still had liis whip up showim: light. Dr Paget was about eleven feet away from him. Witness followed phinti'T three |or four paces as he walked away, because he thought he

shli wanted light. He threw the stick down because lie thought he had giv<n him enough. It was pure invention about his throwing firewood at l).' Paget. Jane Hamilton, mother ot Mrs Bis kin, was at defendant's house on tin 28th December. Saw Dr Paget .lit went into the bedroom. He was no l calm. Saw Dr Paget later in Hi.

kitchen. I said lie might be civil wlin. lie went into the room. He sa : d " Shut your moutli." Jie was ii.u pleasant. Mr Baskin asked what watiie matter with the doctor. J sun! "could lie not bo civil." The doctor said '' shut your mouth I did not ask lor your opinion." 1 said "J am no.

going to give my opinion, hut you uiv no gentleman." Tfios. Old, employed by Mr Baskin. said that oil the I'itli January, hi'wn l going into the garden when he taw Dr Paget. Heard a terrible row on the

verandah. There was scullling. Alsr. saw Mr Baskin later on punching Dr Paget. Dr Paget was trying to hit Baskin with tlie whip. I saw both off (the verandah. Dr Paget walked towards the washhouse and held up his whip. Defendant went of! the verandah and p : cked up a small piece of an axe-handle and said, " Co ue on if you want n. jr.'." Plaintiff walked around the coui of tl'c house. Defendant walked a step or two and threw down the axe-handle Plaintiff returned to the yerandah, picked up his hat, and said: " I'll have you up for an assault." Defendant said: "Assault bo hanged, you struck the first blow."

Tliis closed the evidence, after which h Mr Sperce addressed the jury on h defendant's behalf, Baud Mr Barton for ti the plaintiff. t His Honor, in summing up, said that 1 regarding damages it was quite true v that if they believed the plaintiff's case, p in toto this was certainly a case in j which they could award exemplary I damages such as would he a deterrent to any other person. If they believed the main facts of plaintiff's ease and also believed defendant's case and tliey believed plaintiff was provoked then the} could give him moderate or only no minal damages, but if the defendant were io blarre tlicy must find for a

substantial sum. If they believed defendant's story, they must be justified in finding for him. A man who acted as plaintiff is alleged to have acted would not bo allowed to receive damages. Mr Myers had said that if the defendant had been charged criminaliv he would haye escaped, and he there-

fore ought to escape now; but that was not quite accurate His Honor then went on to explain to the jury the law as regards evidence m criminal cases the guilt must be proved beyond all doubt, in civil casos it was the weight of evidence which decided. Nowadays an accused person was in a much better position than formerly. He could now give evidence on his own behalf. The plaintiff had always to prove his case, and there must bo a

preponderating weight of evidence 111 favor. As to what force was allowable | in repelling force, it was in tins ease for the jury to say. Supposing they wore satisfied that the defendant struck the back of plaintiff's head, was it unreasonable for the plaintiff to retaliate with the hunting crop't If they were satisfied that plaintiff did use the hunting crop it waß for them to say whether it. were reasonable for the defendant to use the billet of wood. A cSIRy^ o force to regel force when in no other way can ho prevent iujury being done to himself If, however, the assailant is retiring after having commenced tho attack then the right of the other party to use force is gone. It amounted to this then, the jury had to ask themselves whom they believed. His Honor concluded by saying that if the jury could not come to a conclusion as to which story was true then they must iind for defendant. Tho jury retired at 0.40 p.m., and at 11.20 roturned a verdict for defendant. His Honor allowed costs as per scale to be assessed by the Clerk,—Abridged from Post.