RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2194, 19 May 1870, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before Janies Fulton, Esq., 8.A1.) , ASSAULT, i Kodzlic v. Wallace—This was a charge of r assault and threatening. This case arose out t t.f a neighbor's quarrel, arising out of aright of road across Wallace’s land, and trespass. The evidence as to the right of road was rather foggy, and so entirely local that it is impossible to describe it. Case dismissed, with an intimation that both parties would be bound over to keep the peace should the case be again brought into Court. Adjourned to two o’clock. King, jun., r. White. A charge of assault . and battery. Mr Haggitt for the prosccu- ’ tion ; Mr Hama for the defence. This was ‘ a case arising out of a dispute as to a right ’ of road. From the evidence it appeared that i in consequence of the defendant having by > fences stopped a road across his property, which had been used for several yeaas, the 1 sett'ers made and finally organised an expei dition for their destruction, the women ap- . patently by their presence aiding and abetL ting their sons, brothers, and husbands in their doings. Air White resisted, and after one fence had been demolished he made a stand at a bush fence, and hy means of an axe-handle and clenched nieve he inflicted sundry blows on the complainant, for which he was summoned to answer to the Court. Air Harris contended that as the question involved the right of the defendant to the property, it eould not be determined in that Court, The case must be dismissed, as the defendant had done no wore than he had a right to do in defence of bis own property, and that an action was pending in the Supreme Court in which the title to the use of the road in question was involved ; that the fact of there being an undetermined right involved in the question excluded the case from being summarily dealt with, by express provision in the Justices of the Peace Act. Mr Haggitt contended that the mere question of assault had to he dealt with, as more than necessary violence had been used to put the complainant off the land. 11is Worship agreed with Air views, and dismissed the case.