ALLEGED ASSAULT

Marlborough Express, Volume LIII, Issue 271, 18 November 1919, Page 4

ALLEGED ASSAULT

CASE IN MAGISTRATE'S COURT*

A charge' of having assaulted him by striking him in the face with his hand was, brought against Walter Smith by Herbert Downes in the Magistrate's Court to-day. Mr C H. Mills appeared for the defence. The alleged assault arose out of aa incident that occurred in Market. Street South on the Jlth instant. The .complainant •with." a letter for his wife, came up to MrsDownes and Mrs. Climo, who" were going through town together, and, according to> Mrs, Climo's evidence, he: followed them? up and down for a long time,, abusing them. Mrs Climo resentedL insulting words used by the 'complainant,; and warned him that she would go to the police for protection. The scene actually did sliifb-to the-' front of the police station, and it was there the defendant figured in it, hehaving been met and appealed to in. the meantime by Mrs Climo, who ishis daughter. Downes asserted that Smith leaned ,out of his trap and; unjustifiably struck him in the face. The defence was that Smith asked Downes why he had insulted hisdaughter, and Downes excitedly rushed at Smith, who pushed him off to avoid trouble with the horse.. Constable Byrne, who , was present, said that he saw nothing in the nature of an assault.

Mr Mills proceeded to call Mrs Downes, but the. complainant objected, and the Magistrate said that the complainant was entitled ■ to> object to the calling of his wife to* give adverse evidence. The Magistrate said that this wa» one of those very unsatisfactory cases in which there was a lot, of" contradiction. From the only disinterested witness, Constable Byrne, he gathered that there was no 1 assault. He did not suppose theconstable would have stood by if anything like that had occurred. The ease was dismissed and defendant was allowed £1 Is; solicitor'sfee, and 3s witnesses' expenses.