It was stated that the day before the punishment was administered the infant plaintiff found the handle of a motor-car door on a piece of waste land. Another boy tried to take it from him and pushed him over and the infant plaintiff struck him with the handle, first in the stomach and then in the face, injuring his nose. The only real issues were whether or not the punishment inflicted had been excessive, and whether or not Mr. Evans had stuck the boy on the bare buttocks with an unsuitable instrument in such a way as to draw blood.
At the conclusion of the evidence counsel addressed his Lordship.