RESIDENT MAGISTRATE’S COURT, CLYDE.

Dunstan Times, Issue 855, 6 September 1878, Page 3

RESIDENT MAGISTRATE’S COURT, CLYDE.

Thurroay, Supiembeh, 5, IS7S. (Before W. L. Simpson, Esq., R.M.) Mrs Ann Noble was charged with unlawfully assaulting and heating with intent to do gnevous bodily harm, Mrs Mary Roberts on the evening of Monday, August 2l>.

Mr F. .T, Wilson appeared for accused. Mary Roberts, being sworn, said—l am the wife of Joseph Roberts, and live at Como Villa, west bank of the Molynenx, about two miles from Alexandra. On Monday afternoon, the 2Cth lilt., accompanied by a little girl named Agnes Wells, I was returning homo from Alexandra, and just after crossing Dry Gully accused met me, who, with hut little warning, caught me by the throat, saying at the time that she had been looking for revenge all day and could not get any, and that shewouldhave it out of me. I asked her what! had done toher to be avenged for, and if she was not frightened for treating me so. She replied that she was neither afraid of God nor man, and referred to a something I had said respecting her about two years ago. She then took me to the side of the road and attempted to throw me down into the gully, saying she only wished it was the Molynenx and then eho would see the last of me. 1 was then screaming. Mrs Fisher, at whose house we were at the rear of, came and prevented a farther assault. From that [ remember nothing further. By Police.—The little girl. Agues Wells, was with me when the assault commenced. Accused took hold of me by the throat and the hair ; she also took me by the two arms, and dragging me to the side of the road attempted to throw mo down a precipice. When I recovered consciousness I was in Mr Fisher’s house. I was confined in bed from the Monday evening till the Saturday following, when my husband took ran homo. Dr Feltham attended me. I still feel the effects of the assault, mv body and arm being sotc ; the accused kicked me in the shoulder when I was on the ground.

By Mr Wilson—l have been a neighbor of .•accused 3 for the past five or six years. Accused has never assaulted me before. I have not spoken to her for tho past two years. I know nothing of the remarks about accused that are abroad. Bom-' two years ago 1 spoke of accused to a Mrs Paget' and before accused assaulted me she referred to ~ what I had then said. I have never been assaulted before by anyone.

John Pallet said he heard screams, and went to within sight of the two women, who were standing in front of each other.

Accused kicked Mrs Roberts on the hip, but did not knock her down. Mrs Fisher then went in between them and they separated. Margaret Fisher, sworn, said—She was the wife of.George Fisher.'On Monday, the 20th ult,, at nearly six o'clock, I saw Mrs Roberts and accused a short distance from my house, and judging'i’they were quarrelling I went in between them. Mrs Roberts looked as if she had been beaten, her hat waa off and hair down, and her clothes were, disordered. I saw no blows struck. She went away with} me for about 50 yards, when she sunk on the ground. She did not faint, it appeared to he weakness. She complained of being injured. “ 1 sat on the ground supporting her. She got quite exhausted, and said she thought she was dying. My husband then came’and carried her into our bouse,where she remained till the Saturday following. She was’ill all the time, I had to lift her in and out of bed. On the Tuesday I noticed bruises, apparently fresh ones, on herjthigh, her side, and hack of the neck. Mrs Roberts is exccedingly cervoua. Both Mrs Roberts and. accused were sober.

Charles Feltham, duly qualified medical practitioner, deposed to being called to see Mrs Roberts on the night of Monday, the 2Gth of August, at the house of Mr Fisher I found her in a state of intense excitement, almost approaching delirium j she, complained of pains in the back, lower part of stomach, and right hip and thigh ; there were no external marks. On the following morning I again saw her, when bruises appeared on the thigh, under the left shoulder blade, and under the arm. She was unable to he removed till the Saturday morning. I prescribed for her. She appeared to have received a severe shock to the system. She is not a strong woman, and is of a nervous temperament.

George Fisher deposed to carrying Mrs Roberts into his house, and said he really thought she was suffering severely: Joseph Roberts, husband of Mrs Roberts, pave evidence of a conversation he had with accused on the following day, when she said that she had given my wife a d good thrashing, and that she would have given h°r more hut that she could not stand it, or was not worth it, I forget which. My wife has been ill ever since, scarcely able to go about. Constable M‘Leod deposed to hearing of the assault and visiting Mrs Roberts on the Monday evening, also, on the Tuesday morning, and on the Tuesday seeing accused in Alexandra. I spoke to her about the assault, ami sho replied she would bo satisfied if she could get her revenge on Mrs Dawson, but was sorrysho had given Mrs Roberts so much. Mrs Roberts ami Mrs Dawson arc sisters. I arrested accused on the Wednesday evening, because she was keeping in a very excitable state, and in , consequence of Dr Feltham having a poor , opinion of Mrs Roberts. i

By Mr Wilson :—The accused wnen speaking to mo about the assault said, she was annoyed at being accused of’some petty thefts that had been committed in the neighborhood. I had heard of these petty thefts, but had no occasion to believe the accused as guilty of'them, d, Tl] e accused appeared to feel’the charges very keenly. His Worship reserved Ids dec : sion until after lunch. Upon resuming, his Worship said ho considered the charge proved, and committed the accused for trial, at the next session of the District Court, Clyde, hail being allowed in'the accused’s husband in the sum of, LIOO, and two sureties of LSO each. '

WARDEN’S,! COURT. Wm. TTowjohns and anr. applied for an extended claim on the, West bauk of the. Molyneux. Objected to by a party r of Chinese, who, also, made application for the same. The Warden agreed to visit the claim before giving) his decision. John Cane.—Extended claim, Blackman’s Gully. Granted. Do.—Tail race. Granted. J. P. Alloway.—Application for Agricultural Lease. *£ Adjourned report. Do.—Residence area. Adjourned.