John Brewer – Assault and Trespass 1876

Charge of Assault and Trespass

26th August 1876

John Brewer farmer was charged with assaulting Elizabeth Howard at Nantyderry on the 14th inst.

Defendant pleaded not guilty. Mr Gardner appeared for complainant.

Complainant deposed that she lived at Nantyderry; on the 14th she was leasing (gleaning) a field of Mr Heath’s; Mr Brewer was the succeeding tenant to Mr Heath, who had given her permission to lease the field; Brewer came to her in the field; she had some leasing in a bag and some out of the bag; he took the leasing that was outside, put it under his arm saying it was his; she claimed it and took hold of it; he pulled it away, then knocked her down; she got up again and tried to get the corn; he asked them who gave them permission to gather the leasings; he called them scamps and other filthy names; he called his men into the field, and told them to shake the corn out of their bags; one of the men did so.

Defendant said that Mrs Howard and others were trespassing; when they saw him they ran out of the field.

Elizabeth Bowen, a little girl deposed that she was leasing in Mr Heath’s field with his permission; saw Mrs Howard and Brewer in the field; Brewer knocked her with his fist and called her filthy names; Brewer took witness’s leasings off her; came with his man and told him to fling Mrs Howards wheat about, he did so.

Enoch Heath, Raglan, said he was the brother of the late tenant; purchased the crop off him and left four stooks in the field to keep possession; the tenancy was a February taking when his brother came there; gave the farm up on 25th Dec, and claimed part of the crop; he gave these people leave to lease; Brewer was entitled to every five stooks; and witness took the sixth; he left Mr Brewer’s stooks and his own on the ground.

In answer to the Bench; the only corn on the ground was his, which he left there in order to claim the leasings.

By Mr Gardner: as far as he had the power, he had given the parties leave to lease, and they were there with his permission.

George Howard and Elizabeth Howard were now placed in the dock, charged with trespass on the property of John Brewer on the 14th inst; Defendant pleaded not guilty.

Brewer deposed that on Friday night Heath went into the field and took what he liked, leaving nothing but his, (witness’s) corn on the field; defendants were in his field on the following Monday.

Both cases were dismissed on the ground there being no justification and the parties summoned to pay costs.


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