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Bruce Herald, Volume X, Issue 958, 16 November 1877, Page 5

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TtTRRDAY, N.OV. 13. (Before' Mr E. H. Carew, R.M.) TUB GLENORE CASE. Itis Worship gave judgment as follows in. the charge agatost A.' M'ijarcn: --^T-ue eridence in this case may show very lawless conduct on the part of the defendant, but the information is confined. \q Que act-s f assault by presenting a pistol at the informant." It has been proved that the pistol was unloaded, and, on reftjrrinjr to .-mr.hqritieß I i\t\'i that in the late decisions. Rlcfye v. Burnett, Regtna v James, and also in Regina v. Beber, the learned judges decided that in presenting an unloaded pistol at a person it is no assault, [v a much older case, a very learned, judge decided that to present a pistol purporting to be a loaded pistol, so near as to produce iijury if the pistol hud gone off, was an assault in point of law, altUoujjU in, fa^cO the Rlatol v(sq unlqad.ed., and that tb,e putting the party, at-whom it was presented into, fear and" alarm was in itself an a,ssau.U- which it: was the object of \he law to prevent' The < latter cases appear to interpret an assault tq j be an attampt, not to frighten, b^t to bi^rt or ! stride, even wltho«t succednjg, under circunv \ stances which render it physically possible for the assailant to touch or hurt the other. , gtaodipg by itself, the case coiflplajiied, of a»*

pears to be no assault in law, but no doubt it justified the rather severe handling which defendant met with. Judgment for defendant, without costs. 1 ' .