The Archive · 1878

Before K. Mowat, Esq

R. (Suxo-pr G. Lewis

Complainant, a mafoo, summoned his late master for assaulting him on the night of the 4th instant.

Defendant admitted having beaten com: plainant on the night in question with a emall riding whip about the body, but not to do him damage. There had been a disturbance auiong the mafoos on the morning of the same day, and, aa there were several valuable racing jonies to be looked after, he (defendant)

fore leaving homo for business, evutioned the mafoos that if there was more quarrelling they would all be sent away. On his return in almost immediately heard the complainant the evening, he went to prepare for dinner, and

quarrelling with the head-boy. He took a sual riding whip, went down stare, aul saw complainant and the head-hoy fighting. He took hold of complainant by the queue, and gave him several blows with the whip across the back part of his body. He did not touch his head or face at all. (There were scars on complainant's nose and forehead.) Th was dark and rainy, and complainant himself on the ground, which would account for the state his clothes were in.

Complainant, through Yang Hi-hung, the interpreter, depored—I quarrelled head-boy because the food he with was bad. When we wer my master came and beat me. fighting with the head-boy, only quarrelling. My master beat mo because 1 was shouting out. He caught me by the queue, and me once on the head with a walkiu leaving the mark now seen, Defendant—It was not a walking. was a small light riding whip, anc ly used the lash end, not the stuck. I did not hit his head or face at all could not, from the way in which I was holding Complainant went on to say—My because my master forced me to the ground, "My master then ordered me to get up and go away. I was not drunk, but was making a noise. Blood came from the wound. on my forehead. My master kept on hitting me with the whip a long time, His Worsute asked complainant how the marks on his nose were caused Complainant now said his master hit him on the face as well as on the head, and so made the marke,—Io answer to further queaions, as to what he was beaten with, complainant now nid he had made a mistake—it was with a riding whip and not with a walk. ing-stick that he bad been beaten, and he farther corrected his former statement by saying he was hit once on the head and once on the nose.

Mafoo, in the service of another gentleman, called as a witness, deposed—Complainant and another boy made a noise. Defendant came out, caught hold of. com plainant's queue, and' beat him with a whip about the body.' The mark on complainant's forehead was nade with the wi Mefendant—Did you cee mo hit him on the forehead with the whip?

Witness hesitated, and then eaid—Ho (complainant) lay down, By his Worsm—I do not know how the shoulders. (Question repeated,) It was 90 dark that L could not seo wh he hit hi After the beating, saw lood on com: Visinant's forehead, Ho got up and ran away. Dofendan "to boat him for than a quarter of J.) Ho struck aut had taken a little wine, but he was drunk, Another Mafoo deposed—I saw defendant complainant, but it was dark and I could not ace much," As soon as I aaw "the L went away. I did not see com-(ter the fighting." I have not 1c0 till not said there had been yhting in the morning broke 4 lot of plainant was drunk and hot know whether complainant was. one of quarrelsome on the Thureday night. I do those fighting in the moming. Isaw him during that day, and there were no marks on his head or face then.

Complainant, questioned, said—I was not fighting in the morning, Some others were.

The head Mafoo next deposed—Complainant, who had been drinking samshoo, came and made a noise to me about his food. My master came down and beat him. Complainant lay down in the mud, The night was rainy On the morning of the someday, the complain ant was fighting with another man, When ho amed about his food the same night, marke on his head or face. Complainant was so drunk that my master and [had to carry him out at the gate. While fy manter was beating him, T could not ave if hia face was cut; it was very dark, Complainant, on being asked if he was hurt anywhere else, showed a bandage on his right side; but the place was not examined, Witness resumed—Complainant had made a noise a long time before my master came down, I was standing by all the time complainant was being flogged; it was a long. time.

Defendant repeated it was not more than two or three minut His Wonsmry said in that time a great deal of barm might be done. What xbould have clone, wa to have put complain-and not to beat him, His Worship had no doubt complainant was struck: once onthe face, whether def fendant could not where he struck, com-plai on the grot rolling and rambling abo Defendant id have simply taken complainant by the shoulders, and pushed him off the brewises; there was no occasion at all to uso the whip. His Worship felt quite sure the mark on complain. t's forehead was the result of a blow inflicted by defendant, and on the whole case, his Worship would impose a fine on defendant of $10 and costs,

Text read from the printed page and cleaned; old type leaves the occasional error.

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