Thomas Biggers stood charged on Oath by Thomas Green, a Constable for the District of Hawkesbury, with violently assaulting him on the night of Saturday the 6th instant. On his examination the deponent stated, that on the aforesaid evening he found John Holbert, one of Mr Palmer's labourers, in a state of intoxication off his master's premises; and that considering it his duty to conduct him home, he accordingly did so; that Mr Biggers saw and accepted him on the farm, desiring to know what business the deponent had there, and received for answer that he only came to see a servant on the farm safely home, whom he had picked up in a state of inebriety; that Mr Biggers then approached the deponent, to whom he applied many opprobious epithets, and afterwards repeatedly kicked him. Nicholas Crosby deposed, that Green had come upon the farm in the manner above stated; that he heard B. demand of him what business he had there; and that after receiving Green's answer he kicked him once in his presence. Thomas McCaver corroborated the foregoing evidence, adding also, that he saw the complainant receive several kicks, and much abusive language from Thomas Biggers. Here the Judge Advocate observed, that as the charge was already sufficiently substantiated by the oaths of three Witnesses, he did not conceive it necessary that any others should be called for the Prosecution; and therefore Prisoner was at liberty to adduce any evidence that might assist him in his defence.
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