MAGISTRATES' COURTS.

Globe, Volume XXII, Issue 1924, 24 April 1880, Page 2

MAGISTRATES ' COURTS.

LYTTELTOS". Saturday, Apbii, 24. [Before Joseph Beswict, Esq., B.M.] Assault.—Hildyard v Amnion for assault *aa called, the case having been adjourned from the previous day to admi: of the defendant employing counsel. Mr H. N. Nalder appeared for the plaintiff, Mr O'Neil for the defendant, Mr O'Neill at the outset took obj'ttion to the icf :rmalion contending that the information was defective in that it merely set forth that the defendant did "assault and beat the complainant contrary to the statute, &e.," that assaulting and beating per se was not a statutory offence, but that " unlawfully " assaulting and beating is a statute offence. Hi? further contended that the defect in the information was one of which it was not in the pawiT of the Court to amend, inasmuch aa it would be tantamount to making an innocent offence a crime. Were the omission one of time or place it would be competent to amend. Mr Nalder contended that, the defendant

"being before the Court to answer the charge, it was competent for the charge to be proceeded with without the information. In any caße the Bench had power to amend by inserting the word " unlawful" if it thought it necessary. The Bench concurred in this view, and amended the information. William Hildyard, the complainant, then repeated his evidence as upon the day previouß. In hii cross-examination he said he said he did not use any opprobious language to the defendant. The most he said was that the acts of the defendant were neither more nor less than a darn'd swindle. F. Help?, bailiff, saw the complainant struck by defendant. Constable Kenny testified that he heard Mr Hildyard call the defendant a dang schemer. Charles Lovell, sworn, said he was with the defendant on the 21st of April, when the complainant came up and asked for payment of his account, after which ho used very provoking language to the defendant. In his cross-examination this witness swore that the defendant did not strike the complainant. Witness was examined at some length as to a written statement he produced giving an account of the language used. Mrs Baring, sworn, said that on Thursday last ■he saw Mr Hilyard running out of dofendefendant's house. She didn't know what caused him to run, Mr Ammon was not after him. Mr Nalder closely examined the witness as to whether a man had not gone out of Court and conversed with her about the evidence. The witness admitted a person came out of the Court, but she had no conversation with him. [Left sitting.]