BOROUGH POLICE COURT.
FRIDAY.
Before H. Dolton, Esq. (mayor), J. H. Mason, and H. FIint, Esqrs.
UNSUSTAINED CHARGE OF ASSAULT.
Mr. William Duck, horse dealer. of Shaw-crescent, was summoned by Mr. Septimus W.Ryott, auctioneer, for an assault. Mr. King, who appeared for the defendant, said that at this stage he would ask Mr. Ryott whether it would not be more prudent for him if he withdrew from the case. The inquiry would probably disclose matters which would be detrimental to himself. At the same time he might say that Mr. Duck had a sufficient answer to give to the charge, and for his own sake was not anxious for the case to be withdrawn.
Mr. Ryott—l am willing if Mr. Duck will apologise.
Mr. Duck—l have nothing to apologise for. It is Mr. Ryott who should make the apology to me, he being the offender.
The Bench—We must here the case then.
Mr. Ryott complained that a witness of his was absent.
Mr. King—lf you refer to Mrs. Etwell I may say I saw her this morning, and she promised to come if needed. Do you want her as a witness ?
Mr. Ryott said he did.
Mr. King—Then I'll send a note to her.
Mr. Ryyott went on to say that recently he purchased a horse for Mrs. Etwell, according to her instructions. Mr. Duck, thinking that probably a job had been taken out of his hands, made it his business to tell Mrs. Etwell the horse was not suitable for her. Meeting him in the street one Mr. Duck, without anything previously being said remarked that he would take good care witness did not rob Mrs. Etwell, and said he would go to Mr. Compton and get a horse license put on him.
Mr. King complained that all this was irrelevant. but the magistrates ruled that it was leading up to the event.
Mr. Ryott—On the following night (Friday) I called at the White Hart to see Mrs. Etwell about the horse.
Mr. King— Tell us what occurred between the defendant and yourself and not Mrs. Etwell.
Mr. Ryott—l know what I am about. You don't suppose I am a fool (laughter).
Mr. King— Perhaps you'll allow me to have my opinion without expressing it (renewed laughter).
Mr. Ryott—After talking about ten minutes Mr. Duck came in, and holding up his stick, said, " 1 have brought this stick on purpose to give it you. and I'll dash your brains out." He told Mr. Corderoy previously that it would have served Duck right if he had kicked him in the street. Believe defendant's intention was to excite him to commit a breach of the peace, and if Duck had been a younger man should have done it.
Mrs. Etwell deposed that when Mr. Duck entered he said to Mr. Ryyott, "I understand you have been telling people that you intended kicking me; if you mean anything of the kind you had better do it." Mr. Ryott replied, " What should you do to me if I did. Mr. Duck, holding up a stick, said, " I would give you this !" Something was also said about Mr. Ryott being a bigger man, but Mr. Duck said he had a smaller heart. Did not hear Mr. Duck say he would dash Mr. Ryott's brains out, or that he had brought the stick on purpose.
Mr. King said the origin of the affair was in the horse transaction, which he was anxious not to introduce. Mr. Ryott knowing that it would be a case for litigation appeared desirous to have what called the “ first pull." But what were the facts? Mr. Ryott appeared before them as the agressor, for he had published about the town that he meant to inflict an indignity which Mr. Duck nor any other Englishman would not stand quietly under; but instead of Mr. Duck doing anything, he merely stared, when invited to do so, what would happen in the event of Mr. Ryott carrying out his idle threat.
Mr. Joseph Corderoy, called for the defendant, said—On Thursday week I went into Mr. Ryott’s shop and said, " Holloa, old fellow, how about this hosa' case" (laughter). Complainant said, "What, has Duck been telling you anything about it? He has had a great deal to say , and if he does not mind I shall kick him," and if he was a little younger man I should punch his head" (laughter).
Mr. Mason—And as a friend of defendant's you communicated to him what had taken place ?.
Mr. Corderoy—Yes, I told him to be careful as Mr. Ryott meant to kick him. Mr. Duck said Ryott would not have to lift his leg far to kick a duck (laughter).
Complainant—l should like defendant to be sworn to see if he will deny having threatened to dash out my brains.
Defendant—l couldn't have said that because he hasn’t any brains to dash out (laughter).
The Mayor said the magistrates had decided to dismiss the case, believing that whatever occurred was in consequence of something being said prior; otherwise there would have been an assault. Both parties must pay their own costs.
Mr. Ryott—l would ask him not to do it again for old as he is he'll get it.
Mr. King—That's the quiet gentleman you are asked to believe.
Mr. Mason—lt is language that has caused this unpleasantness ; and if you are wise you will say nothing more.
The costs were then paid - 3s. by Mr. Ryott, and 1s. by Mr. Duck.
Newbury Weekly News 28 Oct. 1869 |
