Mexborough and Swinton Times October 15, 1897
Alleged Fatal Result of a Lark
William Gough, innkeeper son, Sheffield and Thomas Gough, collier, Denaby, were charged at the instance of Stephen Baines with having committed an assault upon Charles Baines at Mexborough on August 27 which terminated fatally.
Mr Tony appeared for the complainant and Mr Gichard of Rotherham for the defendants.
It was stated by Mr Tovey that the boy, Charles Baines, was taking a horse to Mexborough when the defendants attempted to strike and kick the horse, which became restive, and threw the boy, who alighted on his head, and was also injured on the back. The lad died, and a post-mortem examination was made, and an inquest held, but the verdict returned was to the effect that the jury could not say that there was any external and internal injuries likely to connect the accident with the cause of death. The defendants were only charged with assault.
The Chairman said that as the boy had not laid any information and instructed anyone else to do so before his death, he thought it was now not confident for anyone to proceed with the charges.
Mr Tovey said it was impossible to foretell that the affair would terminate fatally, and consequently no information was laid. If the lad had lived proceedings would have been commenced.
Mr Gichard: to make good the case Mr Tovey would have to prove that an information was laid by the lad or someone instructed by him.
The Chairman said the magistrates thought that they had no jurisdiction to convict. If the prosecution applied for a case they would grant one.
Mr Tovey said he would have to consider that.