United States v. Allison Richardson

United States v. Allison Richardson. If a man raise a club-oyer tlie bead of a 'woman witbin striking distance, and threaten to strike her if she opened her mouth; this is an assault in law. He bad no right to impose sneb a condition. Indictment for an assault upon one Susan Shelton. The evidence was that the" defendant came into the house where Mrs. Shelton was sitting at a window. He was armed with a musket, and a club ; and raising the club over her head, in an attitude for striking, and within striking distance, said to her that if she said a word (or if she opened her mouth) he would strike her ; and this without any provocation on her part. Mr. Bradley and Mr. Mohan, for the defendant, contended that this was not, in law, an assault; that there can be no assault without a present intent to strike ; and his saying, “ if she opened her mouth,” showed that he had not such a present intent; and they cited the old case, “ if it were not the assizes I wrould stab you.” [MAJORITY — (Thruston, J.,] But the Court (Thruston, J., absent,) said that he had no right to restrain her from speaking; and his language showed an intent to strike upon her violation of a condition which he had no right to impose. Suppose a stranger comes to my house armed, and raises his club over my head, within striking distance, and threatens to beat me unless I will go out of, and abandon my house; surely that would be an assault. So if a highwayman puts a pistol to my breast, and threatens to shoot me unless I give him my money ; this would be evidence of an assault, and would be charged as such in the indictment. Verdict, guilty; fined ten dollars.