Sheffield Daily Telegraph – Tuesday 30 January 1883
Brutal Attack On A Denaby Police Officer
Yesterday, at the West Riding Police Court, Rotherham, James Cryan Bartholomew Toolan and Patrick McDonald, all colliers living at Denaby were charged with unlawfully wounding Police constable Kendall at that village on the 13th inst. Cryan was also charged with rescuing a prisoner and with damaging police clothing.
Police constable Kendal said that about 20 minutes past 11 o’clock on the night in question he was on duty ne near the Denaby level crossing when he saw three men coming from the direction of Mexborough, cursing and swearing. He spoke to them about the language they were using but they still persisted in it. He spoke to the man who was worst, and who was under the influence of drink. He said that he should want his name and the man then struck him a blow on the mouth, making it bleed. He said that he should take the man to the police-station at Swinton, and got hold of him for that purpose. They struggled together for about 20 yards when Cryan and another man came up and struggled with him.
Cryan took his stick away and rescued the prisoner from his custody. He did not know who the man was by whom he was struck on the mouth. All the men then ran away in the direction of Mexborough and he followed them and overtook them on the canal bridge, when Toolan and hold of him, and he was struck on the right side of the head They then got him down, took his staff from him, and beat him about the head with it. He saw McDonald and Cryan strike him but he could not say who struck him with the staff. He was battered about the head with it until he became unconscious. He had no whatever about Cryan and McDonald. but he could not swear as to Toolan, Cryan threatened to split his —— head open, and in the struggle his (witness’s) coat was damaged.
After the assault he was taken to Swinton, and his injuries were attended to by Dr Blythman. That gentleman said that he examined the constable about two o’clock on the morning of Sunday, the 14th inst. and found him suffering from five severe lacerated wounds on the head, four being on the scalp, and one on the forehead. Four of the wounds had penetrated to the bone, and for a time the constable was in considerable danger
John Newton, miner, Denaby, identified all the three prisoners as having been at the crossing at Denaby. The officer had apprehended Toolan, where upon he was rescued by Cryan and McDonald.
Evidence corroborating portions of the officer’s statement was given by James Newton, collier; Joseph Lee, jinny boy; Humphrey Barker, collier; all of Denaby.
Police-sergeant Blanshard said that, in with a number of constables, he visited a lodging-house kept by a man named Cohen, at Denaby on Sunday morning, the 14th inst. and apprehended Cryan there. At 10.45 p.m. on the 20th inst. he received the prisoner Toolan into his custody at Mexborough. Both men denied the charge.
Inspector Burkinahaw said that be apprhended McDonald on warrant at Slaithwaite, near Huiddersfield and in reply to the charge he said that he was foolish for coming away.
McDonald called a witness named Edward Hammond to prove an alibi, but more than otherwise he strengthened the case for the prosecution.
Hickmott then addressed the Court on behalf of his clients, and said that the case for the prosecution was a very weak one, in so far as Toolan was concerned.
He called a number of witnesses to prove an alibi, but the Bench considered the charges proved, and sentenced each of the men to six months’ hard labour,