Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-07-04

The essential idea of an assault
lies in the attempt. real or apparent,
to do harm. The attempt need not
be real; it is sufficient it is apparent
and appears to be real. The intent
TO produce an assault is not neces-
sary if the action of the attacker was
hostile and produced genuine fear.
The words or circumstances ac-
companying a threatening gesture
may be such as to show to a reason
able person that no harm is immi-
nent. The man who says"If were
not IN my Sunday suit | would lick
you" and shakes his fist. is not
guilty of an assault. His words denv
the implication of an immediate
threat Neither do preparations to
commit an assault amount to an as
sault. To amount to assault there
must be some physical effort to car
I'y the attack into effect. In a case
where one was held liable for shoot
ing a gun in the direction of Others.
as a joke as'he explained it. the
judge said: Those who shoot at
their friends for amusement ought
to warn them first that it is mere
sport"
Battery is 2ddei to assault whea
the assailant so far accomplishes his
purpose rs to reach the person Of
the viotim, TO touch another in
anger, though in the slightest degree
or to use violence against another to
rudely force a passage is, in
laws battery. If one strikes another
with hostile attitude, though it be
but the weight of his little finger, it
is as truly battery as though he
struck him a dozen blows with great
force. In the latter case, of course,
greater damages would be awarded
to the injured party. Battery has
been defined as the unpermitted APP
plication of force by one to the per-
son of another.
Many are the instances of assault
and battery. If one strikes another
in anger the case il clear. One who
rudely and unnecessarily jostles
another is guilty of assault and bat
terry. The party jostled. may, if he
desires, sue in civil action for as
sault and battery, and recover dam
ages. Of course it is not every bit
of jostling and pushing that occurs
in a crowd that amounts to an as
sault and battery, but only that
which is ineXcusable and unneces-
sary. An overseer of poor who cut
the hair Of an inmate of the poor
farm, contrary to his will, and with
out authority of law, was held liable
as for assault and battery.
The body of the person assaulted
need not be touched in order to con-
stltute a battery. 1t is enough that
the clothing be touched. If YOU
knock mans hat off you have com
mitted a battery, That it was in.
tended as a joke is no defense if the
person injured did not willingly sub
NIT to the joke and does not choose
to treat the matter as joke. Al
assault is none the less such because
it was committed to have fun during
the merry season of Christmas or a
any other time of gaiety and carni
val.
An assault and battery may be
committed by touching that which
supports a person, as we'll as hi
body or clothing. If you pull tn,
! chair from beneath a man, it is al
assault and battery. If you drive
wagon against the buggy in whicl
he is riding, hostilely and unneces
sarily, that is an assault and battery
A consideration of the cases il
!, which the paason attacked has con
> sented, or where the attack is JUST
fed by authority, or as a defense o
self, family or property must b.
9 postponed until the next article o.
y this series.
(Copyrtght, 1918, By Water K. Toners