HYDE.—Nov. 25

Mount Ida Chronicle, Volume V, Issue 301, 4 December 1874, Page 3

HYDE.—Nov. 25

Resident Magistrate's Court. (Before H. W. Bobinson, Esq., R M.)

John Laverty v. James Frasor. —Debt, £25 Is. Id. Summons not served. New' summons to issue. ' -■ James Eraser v. John Laverty.—Damages, £SO, for assault and battery.,! Mr/ Rowlatt for plaintiff. Jessie.Eraser (wife of the plaintiff), gave evidence to the effect that, on the evening of the 26th October, her husband, who was habitually a very sober man, was overtaken with liquor; that he went into: the defendant's house (the Commercial Hotel), and had some altercation with defendant. He was not in a state to know what he was doing, and she tried to get -him .away. She did get, him away, but he returned. She followed ' him in. He provoked Laverty with . lan-. • guage, and Laverty knocked him down, • :Kicke,d and jumped upon him.; Shq got : • him' homo withaifficulty, aijd had,to send toNasebyfor a doctor. The evidence of > plaintiff himself was. also taken, but'he, had no recollection of what had occurred ' on the evening of the assault. For "the 1 . defence evidence was brought to prove that "Laverty, for a long time, bore patiently with the insults of plaintiff, and' that he did not strike the first blow. Road

Inspector Draper, who was staying at'the ■ hotel, was positive that Laverty aid not; strike the'plaintiff after he fell. Dr. T. B. "Whitton, deposed that, he'had been called to see the plaintiff, and that, in his opinion, there were no contusions but such as might have been caused by blows with . the fists. The Court was of opinion that plaintiff had brought the punishment upon himself; and that the jumping and jkicking were disproved. Case dismissed, with £6 lis. costs. Jessie Frasor v. Owen Laverty.—Assault. No service. Struck out.

. "Warden's Court. (Before H. W. Robinson, Esq., Warden.) Grants. —Hugh M'Aulay and another, extended claim; John Sing, dam.