Unlawful Wounding Case from Denaby

Joseph Henry Bell, a pony driver, of Denaby, was charged in custody, on remand, with unlawfully wounding Walter Stuart, at Denaby, on the 12th August. Mr. F. Allen defended. The charge had been reduced to one of common assault.

The complainant said he was a pony driver, and lived at 18 Harman Street, Denaby, and on Tuesday, the 11th of this month, he was standing in an entry in Annerley Street, Denaby, in conversation with a young woman named Florence Martha Cramp. Two boys were stood against Cramp’s shop window; two more lads, in shirt sleeves, joined them.

He saw the prisoner, and could swear to him on account of his eye. They began throwing stones, and one hit Florence Cramp on the ear. He told her to mind her eye, and as soon as he said that one hit him in the left eye, causing it to bleed, and he was taken to the doctor’s. He could not swear who threw the stone. He had been under the care of Dr. Twigg ever since.

Cross-examined by Mr. Allen, complainant said it took place in Annerley Street, about ten o’clock, and it was perfectly dark at the time. He saw James Southern and Walter Cramp stood near Cramp’s window. He could not swear that Southern threw a stone at him. He did not hear Southern say when he was hit, “that’s hit the ——.” He did not say when he was hit, “Jimmy, that’s hit me.” He said that he would go home and wash it, and come back and see who had done it. He only knew Bell by sight. He charged Bell because he was throwing. He could not swear which stone hit him.

James Southern, a pony driver, living at 11 Annerley Street, Denaby, said about ten minutes to ten o’clock on Tuesday night he was with a number of other lads near Cramp’s shop window, and he saw the complainant in an entry talking to Mrs. Cramp. He saw the prisoner there, and he saw him throw stones towards the entry, where Stuart was.

He said, “I will knock his —— eye out.” He did not know who he meant, but he was looking towards Stuart. He threw three stones. He did not see anyone else throw stones. Cross-examined by Mr. Allen, the witness denied throwing stones. He saw Bell pick up a stone to throw, and denied that he and his brother threw stones.

William Southern (12), schoolboy, brother of the last witness, gave corroborative evidence. He saw the prisoner throw six or seven stones in the entry, and heard him say, “I’ll knock his eye out.”

Dr. F. Graham Twigg said he was a surgeon practising at Denaby, and at about 10.15 on Tuesday night the complainant was brought to his surgery, suffering from a wound on the left eye-ball, in fact, the eye-ball was burst. He attended to him, and he was still under his care. In answer to Inspector Watson, the doctor said the complainant had completely lost the sight of his eye, and would probably have to have it taken out. In answer to the Chairman (Mr. Chadwick), the doctor said such an injury could be caused by a stone or by any direct violence.

P.C. Richardson said that at 3.15 a.m. on the 12th instant, from information he received, he apprehended the prisoner, and charged him with having unlawfully wounded Walter Stuart by cutting his eye with a stone at 9.30 p.m. the previous night. In reply to the charge he said, “I threw three stones at him, but I don’t know if I hit him.” Witness then locked him up.

In answer to Inspector Watson, the witness said there was a moon that night, and there was a shop window just opposite.

Mr. Allen, for the defence, submitted that the prosecution had failed to make out their case. He suggested that it was James Southern who hit the complainant, and that he and his brother had committed deliberate perjury in order to save their own skins.

Florence Martha Cramp, residing at 10 Annerley Street, said she remembered last Tuesday evening. They were on good terms together. James Southern threw a stone and hit Stuart, and his brother also threw stones. When he was hit, Stuart said that Jimmy Southern had hit him, and Jimmy Southern said, “That’s hit the ——,” then ran away.

Inspector Watson: What relation is the prisoner to you?
Witness: His brother is my mother’s husband (laughter).
Inspector Watson: Then you are cousins (renewed laughter).
Inspector Watson: I suggest that Bell is jealous of Stuart because he is keeping company with you.
Witness: I don’t know anything about that.
Inspector Watson: Bell is living at your house.
Witness: Yes.

Further questioned, witness stated that she did not see Bell throw a stone. There was a moon that night. Inspector: You know they don’t all go to bed at ten o’clock in Annerley Street? Witness: I know they don’t (laughter).

The Chairman said the Bench did not feel justified in convicting the prisoner. There was no doubt that one of the four boys threw a stone which caused very serious injury to Stuart, but the evidence did not justify them in convicting the prisoner. Mr. Allen applied for the usual certificate of dismissal, which the Bench granted.