RESIDENT MAGISTRATE'S COURT.

Wanganui Herald, Volume V, Issue 1423, 19 March 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

T crbsdaV, March 19,1872. (Before Major Edwards, R. M., and Major ■Nixon, Esq., J. P.) ASSAULT.

Win, Wall v. Joseph Townsend. Claim —£30 dftmages

Mr Hodge for plaintiff and Mr Roberts for defendant.

W. Wall, on being sworn, deposed—l am a firewood carter ; 1 remember the 25th of February, when one of my cows wandered out of my place into Mr Honeyfield's ; I got a man to get it out ; when we were coming up the road the cow jumped Townsend's fence ; I j-imped the fence after it, and Towusehd came hootinoand bawling at me : he ordered me off the premises ; I said I w;>uld pay all damages next day ; I was going off the premises when he went to a shed, took ; spade, and commenced hitting my horse a 1 asked him whether 1 would run off ; then he hit me twice on the shoulder ; { struck him back in self-defence with' a whip (whip produced)} when I got outside the gate I tumbled off the horse with pain ; 1 was getting a pound ; I was attended by Dr Earle.

oy Mr Roberts—l have always been no friendly terms with the defendant. J did ask permission to go and takethe cow off; the man I had with me got permission! The defendant complained to me of the fence ; J did not abuse the defendant. E. Wail deposed—l live on the Brunswick Line ■; I am cousin to the last witness ; A cow of my cousin's jumped the fence of Mr Townsend's ; I went through the gate ; my cousin went over the fence ; I saw defendant pick up a spade and go after him, and he said he would knock him off the horse ; then he turned round and gave him three severe blows on the shoulder.

•Dr Earle, deposed—The plaintiff came to me the latter end of last month and had a contusion across the right shoulder ; it was rather a severe bruise ; the pain would not have allowed him to work ; I

saw him ten dajs afterwards, and then he was not in a fit state to work.

By Mr Roberts—l charged one guinea for attendance. '

This closed the case for the plaintiff. Joseph Townsend, deposed—l am a farmer ; I have known the plaintiff for two years ; I have always been on good terms with him ; his cattle have been on my land continually ; I did not like him coming over my fence because I have had abuse and impertinence from him before ; I told him to go off n>y premises ; he said he would go when he liked ; I saw an old spade without any handle lying on the ground ; ] took the spade and struok the horse on the rump ; he tried to ride over me ; then he went down the paddocks ; I j followed him sixty yards and struck the 'horse again ; I did not strike the plaintiff; 1 1 did not throw the spade at him. Verdict for plaintiff £3 Is with costs, including professional fee of £1 Is.