RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2598, 5 May 1877, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fraser, Esq., R.M.) ASSAULT.

Mary Ann McGregor, alias Higgins, was charged with unlawfully assaulting Frances Gardner by striking her on the head with a piece of wood, thereby occasioning her actual bodily harm, on the 27th ultimo.

Defendant pleaded guilty. The Magistrate said he would hear the evidence.

Mr Bullen asked to have the charge laid under the 39th instead of the 40th section of the Act, as it was believed there had been provocation. This was granted. .Prances Gardner, sworn, deposed—l reside in Grahamstown. I know the defendant. In consequence of something told me I went up to Mrs Higgins. I said to her : " Mrs Higgins, I would be very much obliged if you would let my children pass without injuring them." When I went I had a small piece of wood in my hand that I got from my child. Mrs Higgins then began to talk to me " like a lion." She abused me very much. She struck me over the head with a piece of wood with a nail in it. She was inside a low fence; I was outside. I hardly know what I did after the assault: I lost a great deal of blood. I have been laid up ever since in consequence of the injury done me by. defendant. By defendant—l did not abuse you. Francis O'Flaherty, sworn, deposed— I am a duly qualified medical practitioner. I was called in on Friday week to see Mrs Gardner. I found her in a very weak state from severe wounds on the head, and loss of blood. The wounds were such as could be caused by a stick; a heavier one than that (referring to the stick produced as the one which Mrs Gardner had with her at time of the assault). Secondary effects might have been caused by the injury done to Mrs Gardner's head.

Benjamin Berryman, sworn deposed— I know bpth complainant and defendant. I reside about 20 yards from defendant. I heard a great row and I then went to see what was the matter. The parties were abusing one another for about ten minutes. Mrs Gardner was making faces .at Mrs Higgins. She had a small piece of wood in her hand. They were throwing stones at each other. Mrs lliggins struck Mrs Gardner with a stick about 2 feet in length. .

By defendant—You threw the first stone.

Mrs Higgins in a very hurried manner here proceeded to give her version of the affair, and endeavored to show that she had met with great provocation from Mrs Gardner, whom she alleged had repeatedly annoyed her and her children, and had thrown .aspersions on her relative to her marriage or non-marriage with Higgins. In answer to the Bench Mrs Higgins said she had six children. (There were three or four of them in Court, and they had a clean and decent appearance.)

His Worship said it was no good listening to her—she would say, anything, andhad contradicted her own statements and made her case appear worse than if she had said nothing. His Worship further said he would take the most lenient view of the case he possibly could do. Had it not been that the complainant herself was not beyond reproach he might have dealt more severely with her, as it was he would have to send defendant to prison for two months.

v Court adjourned.