RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2512, 24 January 1877, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fraser, Esq., R.M.) ASSAULT. Catherine Scudder was charged with unlawfully assaulting one Mary Anne Payne on the 18th inst. Defendant pleaded not guilty. Mr Brassey appeared for the complainant, and Mr Miller for the defendant.

All witnesses were ordered, to .leave the Court.

Mr G. 3S\ Brassey stated the case. Mary Anne Payne, sworn, deposed—l reside in Mackay street, and resided, on the beach on the 16th of this month. I know the defendant. She lived next door to me on the beach. I went to borrow an axe from a Mrs Carroll, and saw Mrs Scudder pelting at one of my chickens. I remonstrated, and she spat in my face, and seized the axe from me and held it over my head, and then struck me on the leg. I ran away for a policeman, but could not find one. Mrs Carroll saw the assault.

By Mr Miller —My chickens went into defendant's garden. She complained about the fowls trespassing before; I did not threaten her with the axe. I did nothing till she struck me, but then told her that she had done enough. She made a bruise on my arm. The blow on my leg was not much. . Eliza Carroll, sworn, deposed—l am the wife of William Carroll, and reside on the beach at Shortland. She then corroborated the previous witness's testimony. By Mr Miller—l have seen Mrs Payne's fowls in Mrs Scudder's ground. Mrs Payne never struck Mrs Scudder at all. Mr Miller said that their defence waa

justification. They admitted that defendant struck complainant.

Elizabeth Morgan, sworn, deposed—l saw the assault. Mrs Payne went to borrow an axe from Mrs Carroll, and when she was coming back Mrs Scudder was throwing something at Mrs Payne's chicken. Mrs Payne ran up to her and said she would kill her if she killed the chicken. Mrs Scudder took the axe away and the other picked up a piece of board and struck Mrs Scudder, and Mrs Scudder hit her back.

By Mr Brass ey—Mrs Payne's garden is fenced off.

Catherine Scudder, sworn, deposed— My husband's name is William Scudder, arid I reside on the beach. Mrs Payne went to Mrs Carroll's for an axe, and I was driving out some fowls at the same time. (Witness here detailed the circumstances as related by the previous witness, acknowledging that she had spat towards Mrs Payne). This concluded the evidence.

His Worship said he thought very little of the assault, but the spitting showed that was spiteful. Her husband would have to enter into recognisances for her keeping the peace three months, in one surety of £10, without costs. ■ Court adjourned.