ASSAULT AND PROVOCATION,
James Francis Tooley, miller, of Whitwell, was charged with assaulting Samuel Izzard, o[ Luton, and the latter was summoned by Mr. Tooley, for using obscene and profane language.
This case, arose in Hitchin market. The version of the complainant and his witnesses was that he (complainant). was calling out "muffins and crumpets" in Hitchiu market, and on passing Mr. Tooley, complainant called out "I sell crumpets four a penny, and if Mr.Tooley will pay use the sixpence he owes me I will sell five a penny," upon which Mr. 'l'ooley, with an ash stick, gave him (Izzard) a most unmerciful thrashing, causing the market people to cry shame of him, and the complainant was obliged to go to Dr. Foster, at Hitchin, and to a doctor when he got to Luton.
The defendant's (Mr. Tooley's) version was, that he had found it necessary to put Izzard in the County Court for a sack of flour sometime ago, and to commit him to prison in default of paying the installments ordered by the Court, and ever since then Izzard had taken every opportunity of insulting him in public places, and on this afternoon he was haranguing the crowd and swearing about him in front of the Hitchin Corn Exchange. He put up with this until he repeated it before two hundred people when he could stand it no longer and did thrash Izzard.
Witnesses were called as to Izzard's profane language.
The Bench inflicted a fine of .£2 and costs upon the defendant for the assault uponIzzard, and ordered Izzard to pay 20s . including costs for profane language.
Herts & Cambs Reporter & Royston Crow, 28 March, 1884