The trial of two men accused of threatening to kill a baby was unable to start in Angus due to the “general disinclination” of Traveller community witnesses to give evidence.
Father and son William McPhee Sr and Jr are also accused of attacking a man with a sword, and destroying two vehicles during an incident in Montrose last year.
Forfar Sheriff Court heard the members of two families named as alleged victims had sent letters indicating they would not testify in the sheriff and jury trial.
However a sheriff rejected a Crown motion to pursue the witnesses with warrants, as police were unable to serve their summonses in person.
The McPhees are accused of a number of offences in Brent Avenue on June 22.
They are alleged to have both assaulted Donald Stewart by brandishing a sword at him, chasing after him, striking him on the body and arm with a shovel and striking him on the harm with a hammer.
McPhee Sr is alleged to have assaulted James MacDonald by aiming blows at him with a sword through the window of an Audi A4 and striking him on the face and leg with the sword to his injury.
McPhee Jr is accused of assaulting Shannon Stewart by striking her on the body with a hammer causing her to fall to her injury.
The older man is then accused of culpably and recklessly swinging a hammer in the direction of the Stewart and MacDonald families, to the danger of injury.
Prosecutors say both men behaved in a threatening or abusive manner towards Shannon Stewart and threatened to kill her, her baby and members of her family.
Both men are then said to have wilfully or recklessly destroyed the Audi with a sword by repeatedly striking and damaging bodywork, lights and windows of the motor.
McPhee Jr is also said to have destroyed a Ford Transit van with a hammer during the incident.
The court previously heard the accused and witnesses in the trial are members of the Traveller community.
Fiscal depute Jill Drummond asked for the MacDonald and Stewart families to appear on warrant.
She said: “There is currently a Crown witness difficulty…
“I accept that normally we don’t obtain warrants when citations are left with another (person).
“However we have received a letter that simply indicates that I, James McDonald, on behalf of (my family), will not be attending the court case against William McPhee.”
The court heard the Stewarts had also sent in a letter indicating they would not take part.
However Sheriff Pino di Emidio said: “It doesn’t seem to me in these circumstances you’re in a position to indicate that effective citation has been made on any of these people…
“It is necessary for the Crown, and those acting on its behalf, to demonstrate greater adherence to the normal processes before this matter comes back to the court.”
Ms Drummond made another motion, opposed by the accused’s defence agent, to postpone the trial due to lack of witnesses, and the case was continued until the assize beginning August 18.
McPhee Sr, 46, of Fairlie Street, Camelon and McPhee Jr, 23, of Ure Street, Bonnybridge, both deny all charges.
