John Harvey – Servant and Master 1861

7th December 1861 – Servant and Master

John Harvey, farmer, charged with assaulting Joseph Howells, farm servant at Goytrey on November 28th.

Mr Greenway appeared for defendant. Complainant said he was at plough on Thursday when the horses turned stubborn, and he gave one of them a stroke with the plough line. His master said that if he struck the ‘harses’ again he would strike him. He did not strike them again, but told his master he should do no more with them, and he then struck him on the face.

By Mr Greenway, the horses ran away a day or two before, he could not keep the plough in the right place with them, so he threw it down and let them go. Did not kick them. His master scolded him for beating the horses with the plough line. Did not challenge him to fight. Had a fight with a fellow servant a short time since, and ‘got a bit of a scrat on my nose’. Never was threatened to be turned away for ill-treating the horses before this time. Did not call his master a dead fool, but said he was as big a fool as he was.

Thomas Jones, farm servant said he saw defendant strike complainant.

Mr Greenway then addressed the bench on behalf of his client, when he considered he had received sufficient provocation to chastise complainant, who had ill-used his horses, challenged him to fight, and threatened him with his fist…..the magistrates did not consider the defendant was justified in the course he had taken and fined him 20s for the assault or 14 days.

Mr Greenway then complained that p.c. Lewis had exceeded his duty in that he had given the parties advice when he served the summons, for which he was censured by the magistrates.

 

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