RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume X, Issue 828, 23 March 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, Maech 22. ; (Before- W. H. Revell, Esq., R.M.jSS!* A HORSEWHIPPING CASE. A series of charges were brought, resulting out of recent proceedings in connection with the collection of tolls on the Marsden and Cock-a-Bulla Track, in the Eight-mile district. Mary Ann Percival was charged, on thejnformationjjf jJamejL .., Austin Green, Collector of Tolls on the Marsden track, with assaulting him on tho 16th inst. The complainant's case was that, as he was working on Jihe.iragkj .„ the defendant, in company with two men named John Millar and : Siewart Beattie, rode past. A few, minutes afterwards the woman returned, got off her horse,' asked complainant's name, and then struck him several timeakaver the head and arms with her riding switch. In self-defence he took a bit ' of a stidk^ pushed her into a gravel-pit, and struck her Beveral blows with the stick on the back and shoulders. The stick broke after the second or third blow; and lie \ threatened to break another over her |if she was not quiet. Millar and . Beattie then returned and puff a stop to the fight, Miller wanting to fight, which the latter declined. For the. defence, Mary Ann Percival said that as she was riding along the road her handker- ■; chief blew awj.y from the belt of her ridinghabit. She rode back, and as she was picking it up she, for the first time, saw Green on the side of the track. She did not know him, never having seen him before. She said carelessly — "If its a fair question, what's your name ?" Without replying,. Green caught her by the throat, - threw her into a gravel pit, and beat her severely with a stick. Her shoulders were still discolored from the blows, she ; received. She screamed, and the two men came back and drew her out of the pit. Miller and Beattie gave corroborative evidence. — Judgment reserved. Another case arising out; of the same affair was that Stewart Beattie was charged, with assaulting James Austin Green, on | the Marsden and Cockabulla, track on tW 16th inst. The plaintiff's case was that after the last assault he ran on ahead as far as the tollgate, with a Btick in his - hand. Beattie paid the toll for Percival. The woman then said "They would .put him through" when he (Green) ran- ahead of them. Millar was riding first, and Beattie called to him to "ride the b down." Millar said he would not, when Beattie got past, struck his horse violently',, and its knees struck Green in the back and knocked him down on the side of the track. Defendant came back to him and offered£s tojsettlethe affair. In cross examination Green admitted that after the toll^ was paid he. ran ahead of the horses in the middle of the track, as he was determined to be first at the court to get a .summons for their. He struck MxQaif* horse on the nose with a stick, but he did not strike Beattie's. horse. After, the assault he got up on Beattie's horca behind^ him, and in Waraden they had a brink to-* gether. John Millar was called, and he > said that when the toll was paid, Green ran ahead of their horses, and abused them about their heads with, a stick. Beattie said he had to get some loading back that night, an<p he must get past. . He pushed his horse ahead, and shoved Green aside. The horse may have struck Green on the shoulderj but he only stumbled ; he did not fall. He heard Beattie ask Green several times 0 to stand aside, before : he pushed him aside. Green then asked Beattie for a ride, and he got on behind KimT They* afterwards had two dfinkß:together, but he never heard an offer of L 5 made by; Beattie. Green did offer Percival thatjie would do nothing further in it if she paid? Lsto a charitable institution, which she. -., refused to <?o. ' ' • "^ Miss Percival gave similar evidence. The Magistrate withheld his decision till the other cases were heard. John Millar was then.' charged -with making use of abusive and threatening l language to James Green r on, the 16%' instant. The case was that when i the* t^ro; men rode back to the pit, -Millar usea some abusive language, wanted to fight him, andpalled off his coat. . Some; mencame up, and Millar put on his coat again The defence was a simple denial of the language used. Beattie was called, and said that when Miss Percival rode back, and they had gone on about 2( 0 yards they, heard a scream, and rode back. TKeys then saw the woman down in the pit, arid?' Green hitting her with; a stick. Millar got off his horse, and called to Green that he thought he was a gentleman, but now he found he was a scoundrel to hit a woman ;- that he had a wife .andjnotheroi his own, and he ought to know how to treat a Woman. If he wanted to^ght, he should fight a man ; and if he went pn> ill-using the woman, he would give it > bibf Green was using very foul language to; the woman, but Millar used no threatening or abusive language to Green.— Mary Ann - Percival corroborated this evidence.—Another similar charge against the same defendant, on the 17th, was adjourned until Friday morning, for the attendance" of two witnesses. f /, The Magistrate then gave his decision in all the cases :— Mary Ann Percival was fined LI and costs for the assault ; and the charges against Beattie and MUlar were dismissed on the payment of the costs, as the complainant had no right ia act in the manner he had done by stopping' travellers on the track. If they dl&npt pay toll, he had his legal remedy.