The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle. — 1880-10-16 (Stourbridge, West Midlands, England)

ALLEGED ASSAULT CASE.—WiIIiSM . Whittaker was charged with unlawfully beating and threatenlug Henry Evans vn the 24th ult. Mr. M. Corbett defendedEvans,a bailiff ou b, eshaaidlfheolfiveMdra. at the Collis.Qu a rry Knew Henry • the defendant William Whittaker, saw him at Mr. Swindell's Farm on the 24th September, between seven and eight o'clock in the evening he was at the Quarry. As he was leaving the farm he met the defendant with a dog. A man was with him. . He asked defendant what he was going to do with the dog. Defendant said that was nothing to do with him. He told him it was to do with him, and told him that it was Ur. Bwindell'a dog, and  he should detain it. Defendant turned round and caught him by the throat with hi. hand. A struggle , ensued and he called for Hill, the waggoner, and asked him if he bad a knife in his pocket to cut the string round the dog's neck. Defendant then struck him several times about the head with a walking stick. They struggled and fell, and Hill took possession of the stick. When they got up defendant -till had hold of him by the neck, and defendant struck him twice with his clenched fist and felled him to the ground several times. Asked Hill and Smart who was present to stop defendant, as be said he had had quite enough. Defendant said he would throw him into the pool and drown him, and that if he had a pistol he would shoot him. Defendant said he thought of bringing a good man or two with him, but he would brsng 2 or 3 next time. Hill asked him to loose c ,mplainant's throat. Defendant would not loose nt Hill made h:m. Defendant threatened , murder him. Defendant was then brought to the Police-station. Complainant said the same night as he was going home from Stourbridge, between nine and ten o'clock he past him, and he said " Now Evans, we will give it you." There were three others with him, when Hill, the wagoner, said "you will not" and mtide him loose. Had been under medical treatment ever since and was afraid defendant would do him bodly harm. Henry Hammond Smith, snrgeon, said he examined complainant on the Tuesday after the assault, at his surgery, and found that he was suffering from a contused state 'of the right hip joint. There was no outward mark from bruises, There was a small scratch on the front of his throat. The injury would most likely have been caused by a fall, not by a stick, J, Smart, son-in-law to complainant, gave evidence. George Hill, in the employ of Mr. Swindell, gave corroborative evidence. Arthur Hill proved that he heard the defendant threaten Evans. Samuel Mmcher proved that Evans was sober. This being the case for the pro' ecution Mr. Corbett addressed the Bench for the defence and contended that the defendant was the injured man.—Henry Evans, George Hill, and Arthur Hill were then charged with assaulting William Whittaker, on the same date. Superintendent Wheeler was called and said that both Whittaker and Evans were under the influence of drink when they called at the station. George Waldron said that shortly after nine o'clock he saw Evans at the Heath. He was quite drunk and reeling, A man named Worrel said that Evans was drunk and fell down four times. He also said that Evans was not touched, but that the wagoner struck Whittaker 'several times. Alfred Cartwright, W. Moore and Whittaker also gave evidence. The magistrates retired for a short time and on returning into Court, Col. Fletcher said they did not consider that the injuries Evans ti d received were caused by Whittaker, and dismissed ll the cases.