RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2789, 22 January 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before H. C. Goldsmith and A. J. Allom Bsqs., J's;P.) ... ASSAULT. ■ ' #■'' '

Henry E. Campbell was charged with unlawfully assaulting one Harriette Cor* ston, on the 11th inst.

Defendant pleaded not guilty. Mr Brassey appeared for the plaintiff, and Mr Macdonald for the defendant.

All witnesses in this case were ordered out of Court no the application of Mr Macdonald.

Mr Brassey said that on last Monday defendant went to Mrs Corston's house for the purpose of serving a notice of opposition in bank rapt cj on Mrs Corston. The "parties had not been on good terms, and Mr Campbell might hare Known that such a proceeding would hare caused some unpleasantness. He argued that Campbell had premeditated an assault, as he had taken a young man with him evidently to witness the assault. Campbell went in, and after some angry talking an assault was committed as would be detailed in erideuce.

Harrjette Corston, sworn, deposed—l am a milliner, and reside in Beach road, Grahainstown. I recollect the 14th inst. At about 1 o'clock I was sitting at my dinner when my little boy called out," Mother, you're wanted. Mr Campbell." I said, " Tell him not to come in here." Campbell said, " But I will." Ho then came into the parlor, and I ordered him out, and he turned on his heels and went into the shop. I followed him, and he turned and caught me by the arms, and shook me. I had bruises on my arms for a week. There was a boy standing at the door who came with Mr Campbell. By Mr Brassey—Since Mr Campbell had obtained a judgment against me, I have been filled with fear and trembling, and he has continually persecuted me. I never pulled his whiskers. On my dying oath, I never did it. He sent Mrs Thornally yesterday to pump me. I gave her no information at all. I did not tell her that if I had caught Campbell I would have pulled the coat oft" his back. A boy came with Mr Campbell, and he stood at the door. *'

By Mr Macdonald—l threw out the notice he gave me, and tore it in two. I did not know what it was. Sometime ago I was sued by Campbell for debt. I did use strong language to him then. He got judgment against me, and took proceediugs to oppose my bankruptcy. I hare been in fear of my life of him erer, since he obtained a judgment against me. When be came in I did not hear anything he said, but " I'll oppose." His head looked twice as big as it is now with the passion ho was in. I saw the boy go out when Campbell was shaking me. I don't know I

what the boy came for. I suppose he was brought to see what took place. I did touch Campbell. I recognise that as a plan of the house. Campbell came right, into the middle of the parlor and went out when I ordered him. When he got to the counter in the shop ho turned savagely round upon me and shook me violently as T have described. Ernest Corston, a little boy, deposed— lam 8 years old. I recollect last week seeing Mr Campbell come to ma's house, and ask for ma. He had a boy in. I called out tlmt Mr Campbell wanted ma. Ma said, "Tell him not to cape here." He said, " I will come in." Ma got up, and ordered him out. He went out, and went to the front door. He turned round and shook ma. When he first went in he stood at the parlor door. He shook ma badly, and I saw bruises on her left arm. : ■*

Annie Anstie, sworn, deposed—l am a dressmaker. On the 14th I was at Mm Corston's when Campbell came in. Mrs Corston ordered him out, and ahe aud her mother went into the shop. I did not ■cc a scuffle, but heard one. Harriette Heed, sworn, deposed—l am Mrs Corston's mother. On the 14th inst. Campbell came to the house. (Witness here deposed to the conrersation which took place prior to the alleged assault.) My daughter went into the shop, and Campbell shook her. I was behind the door. It took place in the middle of the shop. There were marks on her arms for four or fire days after. There was a boy at the door when I first'went into the ■hop, but I did not notice if he was there during tho scuffle. This concluded the plaintiff's case. Mr Macdonald addressed the Court, replying to Mr Brassey's opening address to the Bench. With reference to its ha?ing been unnecessary for Campbell to go to Corston's house at all, Mr Macdonald argued that as he was his own client he had occasion to go. There was not the least reason to believe that Mr Campbell would hare committed the assault, and he left it. to the Court on which side the probabilities of the committal of the assault lay. He drew the attention of the Court to the fact that if Mr Otmpbell had intended to commit an assault he would not hate taken a witness with him, as he had done. He cast a doubt on the boy's evidence, which, he said, in some in* stances flatly contradicted his mother's evidence. •

Thomas Wallnutt, sworn, deposed—l am an office boy to Mr D. G. MacDonnell. At Mr Campbell'srequest,on the 14th inst., I accompanied him round to Mrs Cor* ston's. Campbell went in and tapped on the counter. A little boy came out, and Campbell asked him if his mother was in. (Witness corroborated the former eridence). Campbell threw some papers in, and Mrs Corston came out and called him a." dirty old blackguard.'' When he was near the door he turned round and faced her. I don't think he assaulted her. If an assault took place I think I would hare seen it. If he had- put his arms round her neck and kissed her I would hare seen it.

Amelia Thornally, sworn, deposed—l was at Mrs Corston's yesterday, aud in answer to a question she said if she could nnre torn his whiskers or his coat the would not bare summoned him.

Chairman of the Bench: The assault it prored. Fined In, and costs £2 12s 6d. Court adjourned.