The defendant pleaded not guilty. William tioaliufr, carter, deposed : On Saturday week about 9 p.m., I waa going home when the defendant called me across. He asked me if I had carted Gibbs' goods, as they were his, and had been removed from the house Gibbs rented from him. Ho also said I was offering them for sale. I said my man carted them away, and that he was a liar when he said I was offering them for sale. I then said something more, and be up with his fiat and knocked me down.
By the Court : Before the defendant struck me I told him he was a swindler.
John Armstrong, carter, deposed : I was with the informant on Saturday the 30 inst. at about 9 o'clock. By the the Bank of N.Z. wo met the defeniant, who said that he had heard that Gosling had taken Gibbs' goods to bis house. Then some argument followed. Gosling said that defendant had taken some gooda from a man who had owed him money and had swindled him (Gosling), defendant said that if he said that again he would knock him down. Gosling repeated his Btatemeat and Lipscombe knocked him down. He did not strike him again. The _ defendant stated : I called the plaintiff on one side m a friendly manner, and asked him if he had a certain person's goods for sale. Some talk ensued and he accused me of having robbed him and his family of their bread. He then used some very abnsive language and I warned him to desist. As he did not I raised my hand and struck at him and he fell down, but I do not think I hit him.
