Show from thursdays dally may 20 alie assault case yesterday afternoon the case of J fielding against wm powers for sault came up before commissioner alexander A great many were examined and the was very convicting conSic ting it seems that hero has been a existing for some timo between the two men over some land which powers had improved but which the ether had bought over him of the railroad company this land and another piece still owned by powers rum parallel the complainant ent testified that on the day of the assault he went over to hie land and found fodera horses in hi fieldings lucerne patch he asked fodera to take them off but the latter attacked him and beat him in a terrible manner fieldings little son this states ment fowers testified that fielding attacked him first and that he did not provoke the quarrel mr powers and others gave testimony in the case claiming that they saw fielding start towards fodera with the evident intention of attacking him upon hearing tho evidence the commissioner commisa ioner dismissed tho case stating that it had not been proved that defendant had struck the first blow and therefore the charge had not been sustained in justice to the plaintiffs attorney mr P J barratt it must be stated that ho was not instrumental in having the warrant issued we think that bufore these cases arc brought court tha parties having authority to isac warrants should investigate their merits before instituting proceedings and putting the territory to unnecessary expense |