Magisterial.

Star (Christchurch), Issue 452, 27 October 1869, Page 3

Magisterial.

«. CHRISTCHURCH. This Day. (Before C. C. Bowen, Esq., 8.M.) Assault. — Robert Stewart wa9 summoned by Mrs Sharpe for having violently assaulted her on Friday last. Mr Wyrm Williams appeared for the accused, who admitted having taken complainant by the Bhoulder to move her off his ground, but in extenuation alleged \ that, two days previous, she ha 1 gone to his house and greatly annoyed his wife, who had only been confined the day before. Com- i plainant, in evidence, stated that she went to 1 speak to accused respecting the house he re- i sided in, which was her property, and that, ; without previous notice, he seized her by the shoulder, pushed her back, tearing her dress, 3 and causing her to fall. She denied having in ■ any way annoyed accused's wife, but admitted having been to the house. A male witness, : named Petrie," who saw the alleged assault, was called, but lie considered the push, which ] only made complainant stagger a little, of no serious nature, were it not for her delicate \ condition. It would not otherwise have been , worthy of notice. Accused had previously asked complainant to leave the ground, and ■ the dress appeared to be torn by getting entangled with accused's foot. A female < witness, named Sharpe, proved to beingcalled 1 in to see complainant, who was in a very excited state — dangerous to one in her con- , dition— and to seeing bruises on the upper part of her arm. Dr Patrick gave similar evidence, averring that the excitement com- , plainant waa labouring under might have been fraught with dangerous coneequences. He also added, in cross-examination, that , although a female might work herself into an excited state under ordinary circumstances without being assaulted, he did not think that one in complainant's position would be likely to do so. For the defence, a Mrs Petrie wss called, who said that complainant had called upon accused's wife the day after her confinement, and annoyed her very , much, both of them getting very excited. . Mr Williams commented strongly upon this, I and urged that, according even to one of com- , plainant's witnesses (Petrie;, the assault had ' been more imaginary than real, and, under complainant's persistent annoyances, a justi- , fiable ejection from the ground. His Worship said bad accused really assaulted complainant in her present delicate condition, he would have been severely punished; but he was inclined to think that it was a trifling one, whilst there were evidently faults on both sides. There had certainly been a little rough conduct, as evinced by the marks on complainant's arm, but undor the circumstances the case would be dismissed, on payment of costs and expenses.