The Birkenhead News and Wirral General Advertiser. — 1885-04-29 (Birkenhead, Merseyside, England)

SEACOMBE ASSAULT CASE.  James Taylor, provision dealer, Wheatlandlane, Seacombe, sued Henry Atkinson, cowkeeper, of Wheatland-lane, Seacombe, for £5O, damages for an assault on the Bth March last. The defendant brought a counter-claim against the plaintiff for a similar sum, for having wrongfully entered his premises and assaulted him on the 6th March. To this counter claim the plaintiff pleaded, as to the assault, that he had obtained from the justices who heard and adjudicaied on the assault on the 18th March, at Liscard, a certificate of dismissal by them on the charge preferred against the plaintiff by the defendant. Mr. Taylor, instructed by Mr. Deakin, appeared for the plaintiff, and Mr. Shand, instructed by Mr. Wilson, represented the defendant. Mr. Taylor, in opening the case, said the plaintiff placed his case in the hands of the jury, whom he asked to assess what sum he was entitled to for the damages he had susstained by being struck on the arm by the defendant. It appeared, by the instructions he had received, that the plaintiff and defendant were joint occupiers of a stall in Wheatland-lane, Seacombe, and, as it very often happened in such cases, a dispute had taken place. On the 4th March it appeared that the plaintiff asked the defendant not to remove a quantity of manure which was lying about in the yard occupied by thei parties, which, however, the defendant did during the plaintiff's absence. On learning this the plaintiff went to see the defendant for the purpose of ascertaining his reason for having removed the manure, whereupon—and this appeared to be very strange indeed according to the evidence he would call—the defendant raised a spade and aimed a blow at the plaintiff's head, but the latter raised his arm to ward off the blow, and received the blow on the tip of his elbow. In consequence of that injury he was unable to carry on his business as a provision dealer, and it was for the loss he had sustained that he now sought to recover damages. James Taylor, the defendant, stated that he was a provision dealer, carrying on business in Wheatland-lane, Seacombe. On Tuesday, the 4th March, he was talking with a Joseph Bates, about fifty yards from a stable he and defendant jointly occupied. The defendant came up to him and said he wanted him (the plaintiff) to sweep out the stable. The defendant also said that he was going to take away some manure from the stable, but he (the plaintiff) told him to leave it where it was, but the defendant said he would not and he then left them. On the 6th March, he went to see the defendant, in consequence of what he had heard respecting the manure which had been removed during his absence. He (the plaintiff) saw the defendant at a small wicket gate, the defendant at the time having a grafting tool in his hand. He said to the defendant, " I, have come to see you about that manure." HA replied, "What about it, Will." He (the plaintiff) replied, "You will have to replace it or pay me the value of it." The defendant then took the grafting tool in both hands and aimed a murderous blow at the side of his head, at the time saying, "That's the way I will pay you." He (the plaintiff) raised his left hand to protect his head, and he received the blow on the elbow. The defendant then went away, and he (the plaintiff) went to seize hold of a piece of wood which was standing against the wall to throw at the defendant, but the wood dropped out of his hand, and which made him think that his arm was broken. He then left the place and at once communicated with the police. His arm pained him very much, and after leaving the policecourt he went to see Mr. J. H. Walker, chemist, of Seacombe, and on his advice be went to see Dr. Napier, of Church-street, Egremont, who had sent in a bill amounting to £4 for treatment. A man named Roberts came to his shop on the Tuesday preceding the 18th March, when the summons taken out by Mr. Atkinson against him (the plaintiff) for assault was down for hearing, and said—