Alleged Furious Driving

John Charlesworth, licensed victualler, Mexborough, was charged with furiously driving two horses and a waggonette at Conisborough on May 31st. Mr. J. W. Battenley, solicitor, Mexborough, appeared for the defendant.

Police-constable Jarvis stated that on the first night of Doncaster race the defendant was driving a waggonette from Doncaster to Mexborough. There were several persons in the conveyance. Witness first heard the horses coming along at a great pace, and when they got nearer he saw the defendant striking the horses with the whip. He was driving at a furious rate. He shouted to the defendant, telling him to stop, but he only struck witness with his whip. In order to stop him witness jumped upon the conveyance and went up to him in front. Witness touched the defendant on the shoulder and told him to pull up. He would not do so at first, but finally he stopped. He then waited for Police-constable Moore to come up. Defendant said, “It’s all right,” and witness asked, “What did you strike me for?” Defendant again said, “Oh! it’s all right,” and again started his horses. Witness then said: “I know you, Charlesworth, and shall report you.”

The Chairman: How fast was he travelling? Witness: About 18 miles an hour.

Cross-examined by Mr. Battenley: He was coming from the direction of Doncaster towards Denaby, wasn’t he? Yes. And he got past you before he stopped, eh? Yes. Then if he was going at 18 miles an hour, how did you catch him and climb into the waggonette? I caught hold of the back of the waggonette as he passed me. Did a young man in the waggonette say, “What are you stopping him for?” No. Did he use the whip deliberately when he struck you? I think so. Did he know it was you who shouted to him? I think he did. When you jumped into the waggonette did he say if you wanted a ride why did you not ask so that I would know who it was? No. He stopped as soon as he saw who you were, didn’t he? Well, he drove about 100 yards while I was in the waggonette. Have you been to a man called Ogden about this case? No. You didn’t ask him to swear that he was in the waggonette? No. You didn’t insist that he was in the waggonette that night, although he told you he was not? No. Now be careful, please. You say you have said nothing to Ogden about being in the waggonette. Will you swear that? Yes. Did you speak to him at all about it? I did, on the road. Then what did you say to him? I asked him if he was with Charlesworth. That is what I wanted to know. What is the use of quibbling about it? You see you did ask him about it. Now, do you know that one of the horses Charlesworth drives is an American horse? No, I know nothing about it. Do you know that one of the horses is given to bucking? No.

Superintendent Blake: Why was it that Police-constable Moore did not get into the waggonette with you? Because he is not quite so quick on the leg. (Laughter.) Police-constable Moore said that at 10.15 on the night stated he was in company with Police-constable Jarvis on the road between Conisborough and Denaby. He heard horses coming at a great pace, and he said to Jarvis, “Look out, there is a horse run away.” Shortly afterwards he saw a conveyance go by with Charlesworth in charge of it.

For the defence, Mr. Battenley said that the defendant was coming from Doncaster, which place he left at 9 o’clock. It was a quarter-past 10 when he met the policemen, and he could not, therefore, have been driving very furiously. Charlesworth had an American horse, a difficult one to break in, and it was given to bucking. Doubtless this led the constable to believe it was being galloped furiously. When the constable shouted to Charlesworth it was dark and he could not see who it was, but he felt someone jump on the back step, and he swung his whip round to make him get off. He found afterwards that it was a policeman, and he said to him, “If you wanted a ride, why did you not tell me?” It was partly on account of being struck with the whip that the officer had taken out a summons.

James Severn, miner, Denaby, who was in the waggonette on the occasion in question, denied that they were going at the pace described. They would not be going more than six miles an hour. Samuel Wheelcar, miner, New Conisborough, spoke to a like effect, as did also Rachel Severn, wife of the former witness.

The bench dismissed the summons.