RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 571, 23 October 1869, Page 2

RESIDENT MAGISTRATE COURT.

Fkidat, Oct. 21. (Before J. Giles Esq., R. M.) ASSAULTS. Ellen West was charged with assaulting Thomas Cato, and Thomas Cato was charged with assaulting Felix West. The second charge was heard first. Mr Pitt appeared for Mr and Mrs West, as complainant and defendant. Felix West: On Monday I was speaking to Smith, the butcher. I had been taking meat off him, and I said to him if "that party "was "in" with him in the shop, I would not any longer take any meat of him. Next morning, when I was delivering bread to Jules Simons, Cato came up and struck me in the side of the face. He said no more than asked me what I had to say about him. I received the blow before the words, and I bled from it. By Cato: I was talking to Smith about you. I never said anything about your wife to Smith. You' never asked me any questions before you struck me. I never used any language about your wife being so-and-so. I did pick up a stone, and told you if you did strike me any more, I would strike you. had an armful of bread at the time. I threw none of the stone*. I picked them up to defend myself. You wanted me to stand out and fight. I never fell down over the well in front of Jules Simons's. I never called you anything. I never said to Smith you were a rogue, and was not to be trusted to. By the Bench : Ho struck me with his fist, and the ring on his finger cut a piece out of my cheek. I will swear he had a ring on his finger. Mark Simon gave evidence as to the complainant's face bleeding. Smith, called to give evidence in mitigation, said West asked'him if Cato was in his employ. He said he was. West said if he were in liia (Smith's) place he would keep a respect- ,

able man 'in the place, not a pimp like him. He (Smith) told Cato that, if he heard anything more of the sort, he might leave. The charge against Ellen West was then heard. Cato said that, on Monday last, Mrs West came to Smith's shop, and called Smith outside. She said she would show up the fellow inside for striking her husband. She said she never talked about other people. As soon as he heard that he went outside, and told her she had beei talking about him and his wife. She used some abusive language an J said " if she were a man, she would knock his head off." With that she struck him in the face with her fist. He told her to go home, or he would send for a policeman. She used some more abusive language, and said she would " bring her husband to knock it well out of him. Two witnesses, Mrs Clarke and Smith, hoard words pass, and saw the defendant's hand go up, and the complainant's head go back. The Magistrate considered there had been an assault in each case—the one more severe than the other. He fined Cato 40s, and Mrs West 20s, both with costs.