MAGISTRATES' COURT, BRIGHTWATER.

Colonist, Volume XXIII, Issue 2700, 6 May 1880, Page 3

MAGISTRATES' COURT, BRIGHTWATER.

YESTERDAY. [Before J. W. Babniooat and G. W. Lightband, Esqs., JJ.P.] Assault OaSe—Roughton v. M'Combes. This was an information for an assault, alleged to have been committed on 16th April last. Mr Bunny appeared for complainant, and Mr P. B. Adams for "defendant. , Mr Bunny haying opened tbe case, called ' Jervis Roughton, the complainant, who deposed that he was burning gorse on his waste land, when the defendant came up and told him to,-leave off, as Mrs Newman, who had _s.9.nl.him,, stated.that she would not allow it "He" refused;""and while in the act of lighting a gorsebush .defendant knocked him down, and while he was in a kneeling posture, defendant dealt him two or three blows. He was nearly (alunried.- L ;';:■'. .:=(;-;■< ' ; ;CrosH-examined-.by Mr, Adams: He was sure; he was not on Mrs Newman's land. He was positive defendant knocked him down. He did 'not' fall 'himself in the gorse. He had no ill-feeling againafc the defendant. ' Knapp, constable, stated that he saw complainant directly after, arid he was bleeding from" the' eyej which was muoh swollen. Complainant told, him that M'Oombes had .assaulted him.' l'Thiß_closed the case for oomplainant, when Mr ADAMS.jhaving opened his case, called 'Robert "Henry M'Combes, the defendant, who stated that he 'saw Roughton burning gorse, and called out to him. He (defendant) "Was' n'evfer'Closer than'fifteen to twenty yards to complainant, andi he swore that he never ..struck him,- caught, hold of him, or hit him in any way.. Complainant seemed to fall. Thin closed the oase, and the Bench retired, andipn returningi J / . _ The, Chairman, said they felt bound to believe the evidence of the complainant. It was a very sad case, and there had been perjury committed pri one side or the other, but they "thought the evidence of the complainant was ntofe "\?orthy" of belief. It had been a most cowardly assault', and the'Benoh fined defendant £5 and costs r 6r in.defaulfc one month's imprisonment, with hard labor. At^the^requesfc' ;of;Mr Adams, defendant was allowed one week to pay the fine. There was one civil case, the Court then adjourned.