Resident Magistrate's Court.

Marlborough Express, Volume III, Issue 95, 4 January 1868, Page 6

Resident Magistrate's Court.

BLENHEIM Monday, Dec. 30, 1867 [Before S. L. Muller, Esq., R.M.]

ASSAULT. John M l Allister was charged with assaulting It. MHvor, at Ren wick, on December 23. Defendant pleaded not guilty. Mr. Moffitt, for complainant, stated the case, and urged that although no blows were struck, yet the offence was committed constructively. Robert MTvor, a storekeeper at Renwick, deposed that be saw defendant at Macaulay’s public house on the previous Monday on going into the bar, when defendant attacked him with abusive language, calling him a liar, and but for his old age would have struck him, he over and over again lifted his arm as if to strike, grasping his fist. He was near enough to strike had he wanted to do. Nothing further than words took place at the time. He was in a rage and appeared as if going to strike. Could not say he was sober. J. D. Macaulay deposed: Heard some threatening expressions, calling plaintiff an hypocritical liar. Plaintiff asked if he was going to hit him, and defendant said if he were not an old man he would have done so. He was within reach if he had felt disposed to do so. He closed his fist while his arm was up, and said he would send him to h—. He replied to plaintiff “No, I won’t hit an old man like you.” He was excited at the time, and in a passion. Could not say if there was danger of his striking him. He did not stretch his arm while I was there. They talked pretty loudly, and could have struck if they wanted. Could not swear to the exact distance.

By defendant: Plaintiff came up to you and dared you to hit him and said if you did, it would be the last man you would strike in this world. You replied you would not hit an old man like him.

H. W. Harris entered Macaulay’s Hotel on the occasion referred to. Defendant was laboring under excitement, and both were quarrelling. He accused plaintiff of engaging Mr. Moffitt to oppose him in getting his license. Many angry words ensued accompanied by much gesticulation, plaintiff denying having engaged Mr. Moffitt. Could nor say he meant to strike him. He had his arm uplifted several times. Should have felt afraid of being struck had I been in plaintiff’s position. Thought he would have been struck. Did not hear him say he would strike him.

Defendant said he was much provoked in consequence of a statement made by plaintiff to Mr. Watson, of Renwick, to the effect that he owed considerable sums of money, which was untrue, and he expected it would have done him injury in his business. Told him I would not stand such a thing from a younger man. He dared me strike him. I certainly raised my fist more to defend myself in case he did strike me. R. D. M‘lsaacs was present when defendant said he should like to give M‘lvor a knock more than once, who replied that he had better not. Did not suppose he was going to give him a knock ; had the other struck him there would have been a fight. Don’t think he was going to strike him. He did not hang back as a man would who expected to he struck. By defendant: Did not hear you say you would like to have his liver, although present all the time. By Mr. Moffitt: Was in the next room part of the time. Did not think any blows would he struck unless MTvor struck him. He was excited. Had I been in plaintiff’s place he might have struck me. Cannot exyear he had his arm up. 3)efendant %as disappointed at what took place “that day; and blamed plaintiff for it-- • : Mr. Moffitt objected thatdefendant could hot give evidence in his owh ; behalf in a case: of assault. ‘ ’.’l"’./' ’ i

Defendant stated that he had sufficient provocation to justify the manner in which he had behaved, but in lifting his fist he had no intention of striking plaintiff, but it was more in the way of defence. The Bench considered the position assumed was a threatening one, and that improper language was used, forming an assault constructively in the eye of the law. He would inflict a nominal penalty of Is. and costs.

Mr. Moffitt asked for professional costs under the Justices of the Peace Act, which were granted. Judgment: fine, Is.; costs, 3/. 3s. 2d.