THE CONSTABLE AND THE CARRIER
Joseph Miller, Carrier of Burton Latimer, was charged with assaulting Thomas Ambler, Shoemaker, of the same place, on 30 May. The Complainant said he was walking up the main street of the village named on the evening of 30 May, when he saw Joseph Miller coming along in his cart. Miller after making some use of some abusive language towards Complainant jumped off his cart and struck him a violent blow with the butt of his whip, which was formed with horn. Complainant then took the whip away from assailant, but the latter, although he only has one arm, collared Complainant by the throat and kicked him in a violent way. Complainant was unable to shake Miller off without “pitching into him” and was ultimately obliged to “lay him down” and send for handcuffs, which as parish constable he kept at his house.
Mr James J Felce, Shoemaker, of Burton Latimer, spoke of seeing Miller get down from his cart and strike Ambler on the head with his whip, and he also during the scuffle which followed, saw the latter kicked several times on the legs. The Defendant said that on the morning of 30 May he had been used “rascally bad” by the Complainant, Ambler, whilst he was tending his horse on a portion of the highway where he had leave to graze it. The Complainant at that stage breaking a stick which he carried and beating him (Miller) and his horse. In the evening when he met Mr Ambler in the street he felt somewhat “naturally wild” and he offered, although he only had one arm, to have “an up and down” with him. Ambler at once said “At it you go” and they thereupon “went for each other" but not only having to contend with Ambler but his mother and brother also. He (Miller) was badly handled.
The Magistrates having decided, before giving judgement in regard to the foregoing charge, to hear a counter charge brought by Miller against Ambler, the parties changed places and the former stood up to answer the charge of assaulting Joseph Miller on 30 ult. The present complainant’s statement was to the effect that on the morning of the day named he was grazing his horse on the highway just outside Burton Latimer when Ambler came up and caught hold of the animal, which he tried to lead away. Complainant demurred to this course whereupon Ambler struck him with a stick which he carried, and also beat the horse severely. He (the Complainant) had been unable, under the consequences of the treatment he had received, to do any work that morning, and his horse had drooped and died, so he was without the means of earning any money.
Two individuals, who were called forward, spoke on seeing the parties on the road outside Burton Latimer on the morning but neither of them appeared to have seen anything of the assault which was said to have been committed.
The defendant (Ambler) stated that he had purchased the right to graze his horses on the side of the highway spoken of in evidence, and on the morning of 30 May he expostulated with Miller for trespassing on his rights, but he did not strike or use any violence towards him.
The Bench after hearing the various statements dismissed the counter charge brought by Miller, who was fined 5s and 18s 6d costs for the assault on Ambler, in default of payment 14 days hard labour.
Daily Reporter Thursday June 21 1883
|