MAGISTRATES' COURT. BRIGHTWATER.

Nelson Evening Mail, Volume XV, Issue 108, 6 May 1880, Page 4

MAGISTRATES' COURT. BRIGHTWATER.

YESTERDAY. [Before J. W. Barnicoat and Gk W. LiohtBAND, Esqs., JJ.P.] Assault Case — Roughton v. M'CoaiBES. This was an information for an assault, alleged to have been committed on 16th April last. Mr Bunny nppearod for complainant, and Mr P. B. Adams for defendant. Mr Btxnny having opened the case, called, 1 Jervis Eoughton, the complainant, who deposed that he was burning gorse on his wa9t9 la^d, -when the defendant came up and toVd him to leave off, as Mrs Newman, who bad sent him, stated that she would not allow it. He refused, and while in the act of lighting a goreebush defendant knocked him down, and while he was in c kneeling posture, defendant dealt him two or three blows. He was nearly stunned. Cross-examined by Mr Adams : He was sure he was not on Mrs Newmans land. He was positive defendant knocked him down. He did not fall himself in the gorse, He had no ill-feeling against the defendant. Charles Knapp, constable, stated that he saw complainant directly after, and he was bleeding from the eye, which was much swollen. Complainant told him that M'Cornbes had assaulted him. This olosed (he case for complainant, when Mr Adams having opened his case, callel Eoberfc Henry M'Combes, the defendant, who stated that he saw Roughton burning gorse, and called out to him. He (defendant.) was never closer' than fifteen to twenty yards to complainant, and he swore that he never struck him, caught hold of him, or hit him in any way. Complainant seemed to fall. ! This closed the case, and the Bench retired, and on returning The Chaieman, said they felt bound to belisvo the evidence of (he complainant. It was a very Bad case, and there had been perjury committed on one side or the other, but they thought the evidence of the complainant was more worthy of belief. It had been a most cowardly assault, and the B«noh fined defendant £5 and cO3ts, or in default one month's imprisonment, with hai'd labor. At the request of Mr Adams, defendant was allowed one week to pay the fine. Xhera was one civil cas •, the Court then adjourned.