Savage Assault at Conisborough

John O’Brien, miner, Conisborough, was summoned for having assaulted John Hartley, miner, Conisborough, on June 10th. Mr. Hall appeared for the prosecution, and Mr. Baddiley defended.

John Hartley said he did not know the defendant, and had not seen him but once in his life. He was walking home alone from the “Three Horse Shoes” on the Sunday night. He came across the defendant and other people who were all standing in a line across the road. They first prohibited him from passing, and when trying to get past defendant struck him in the mouth. Complainant saw the sergeant and made a complaint to him. Prisoner came up and said: “That’s the man; it isn’t me; he has been insulting my wife.” Both started quarrelling. Defendant went away and complainant remained with the sergeant some few minutes. He then proceeded to go home, when he again met the defendant against Mr. Clarkson’s shop. He had evidently been waiting for him. He then knocked him down and kicked him, and he then found himself in the house. The doctor had been attending him ever since.

Cross-examined by Mr. Baddiley: He had never spoken a word to defendant in his life. He had been seven weeks in Denaby. He was quite sober. He knew the other men with defendant. Complainant never said anything to O’Brien’s wife. He did not tell the sergeant he had not assaulted O’Brien’s wife until defendant had gone away. He never tripped O’Brien by the heels against Mr. Clarkson’s shop. He did not fall against Mrs. Clarkson’s shutter.

Mrs. Hallam, the landlady of the house where Hartley lodges, said that complainant came home on the date in question unconscious, and bleeding profusely at the mouth and forehead. Witness sent for the doctor and he had attended complainant ever since.

Sergeant Ambler said he saw defendant about 10.30. He made a complaint to him. Complainant was not drunk, but very excited. Prisoner came past and said: “That’s the man; he has been assaulting my wife.” Both commenced arguing. Complainant stopped with him two or three minutes. He then went down the road and he heard someone shouting for help. When he arrived at the spot he saw Hartley on the ground unconscious, with blood running out of his mouth and forehead. He sent him home.

Cross-examined by Mr. Baddiley: Complainant was not drunk, but very excited. Complainant said he had never spoken to defendant’s wife after O’Brien had come away.

Mr. Thomas Nicholson, surgeon, Conisborough, said he was called for on Sunday night to attend Hartley. When he arrived at the house he found Hartley in a very bad condition. He had a very large wound on the forehead one-and-a-half inches long, which he had to stitch, and a swollen face and lip, and he could not see out of his eyes. The wound on the forehead must have been caused by something hard. It might possibly have been caused by the shutter, but after he had examined the shutter he found that where the blood had run on the shutter it was fully half-a-yard from the projecting shutter which the defence said caused the wound.

Mr. Baddiley said that the case was entirely different to what had been stated, and if the instructions which had been given to him were correct, the complainant received the punishment which he richly deserved. It appeared that complainant was coming home from the “Three Horse Shoes,” when he met defendant with his wife and three other men. O’Brien was a little ahead of his wife when Hartley at once started insulting and abusing O’Brien’s wife.

Mrs. O’Brien called out for her husband, but he did not hear the first time, but eventually came back and hit Hartley for insulting his wife. They then were both together with the policeman. Hartley did not say anything to the sergeant about abusing O’Brien’s wife. After they had left the sergeant, Hartley next saw O’Brien against Mr. Clarkson’s shop, when Hartley tried to trip O’Brien up by the heels and O’Brien then pushed him off. Hartley fell against the projecting iron shutter of Mr. Clarkson’s shop, which caused the wound on the forehead.

Arthur Speight said that on the Sunday night between 10 and 11 o’clock they were returning home. They were with O’Brien’s wife, and O’Brien was about six yards in front. Hartley came up and started insulting O’Brien’s wife and offered her a shilling. He told Hartley to go away or else he would get into a row. O’Brien’s wife called her husband and then O’Brien struck Hartley for insulting his wife. He then saw the defendant and complainant with the sergeant. He heard O’Brien tell the policeman that Hartley had insulted his wife. He then next saw Hartley try to trip O’Brien against Mr. Clarkson’s shop, and then O’Brien struck at Hartley and knocked him against the shutters. They then walked home.

Cross-examined by Mr. Hall: They were behind O’Brien and his wife when Hartley tried to trip O’Brien. Tripping O’Brien was the provocation which led O’Brien to strike Hartley and knock him against the shutters. After he saw O’Brien on the floor he went home quickly, thinking he should be best out of it all. He did not stop to pick him up.

Zachariah Lainder said he was with Speight on the date in question and saw all the affair. He saw Hartley assault O’Brien’s wife and then O’Brien struck Hartley. He saw Hartley trip O’Brien and then O’Brien knocked Hartley against the shutters. He was in front of O’Brien when Hartley tried to trip him. Witness then said he did not see Hartley trip O’Brien, but he saw O’Brien stumble. He also hurried home after O’Brien knocked Hartley against the shutters.

The Bench said they considered the case a very hard one, and the defendant was sentenced to one month’s imprisonment.