RESIDENT MAGISTRATE COURT.

Westport Times, Volume IV, Issue 643, 9 April 1870, Page 2

RESIDENT MAGISTRATE COURT.

Friday, April 8. (Before J. Giles, Esq., E.M.) ASSAULT. Ellen Clohussey v. Charles Webb. —Mr W. Pitt appeared for the informant. The information set forth that the defendant did unlawfully assault and beat complainant on the 30th ult at her house situate at Hatter's Terrace, and sought that the defendant be bound over to keep the peace. A second information was laid charging the defendant with using obscene and abusive language in a public place. Mr Pitt suggested that both informations should be taken together. He did not think the second information could be sustained as the language alleged had not been used in a public place; _ evidence as to the language complained of might, however, influence his Worship in binding defendant over.

The Bench acquiesced inthesugges tion.

Ellen Clohussey, sworn, stated that she resided at Hatter's Terrace, and had been about eleven months in defendant's employ as barmaid. He had paid her no wages, but she had received money as she required it, and for the balance of what was due defendant had assigned over the premises to her. He left the house and returned on the 30th March, shortly bofore 8 a.m, when he wanted to take stock of everything. She did not oppose him. 'He subsequently tried to enter her bedroom, saying he wanted to have a sleep, but she resisted; and he then tried to get her out of the house, desiring her to fetch something from the store for breakfast. During the whole of the interview defendant used very violent and offensive language and lifted his hand to strike her in the face, but gave no blow. He repeated the language in presence of Mrs Cox, a neighbor. The witness under crossexamination denied having received a settlement of wages to January, 1870, and that since the 2nd of February she had been in partnership with the defendant. The property was assigned to her for wages ; she knew of no other understanding. Mr Turner was privy to any understanding. They had a drink together at the bar, but she took water. She believed the defendant was the first to use indecent language. She made use of no offensive language in the presence of Mrs Cox. Mrs Cox, who was called on behalf of defendant, failed to put in an appearance.

The defendant made a statement to the effect that the premises on Hatter's terrace were his property. A slight scuffle ensued with respect to a keg containing port wine, from which informant had extracted the cork and

then turned bung down. Ho had never offered to strike her, and, with regard to the language Complained of, he should have been sorry to make use of the language uttered by the informant. His "Worship considered there had been no proof of assault, and dismissed the case. On the civil side of the court there were two cases disposed of, in which the plaintiffs obtained judgment by default in the amounts claimed and costs. Bull and Bond v. Lucas, claim 15s. Smyth and Co. v. Jeremiah Butler, claim £l3 4s.