Assault at Sprotboro’

Samuel Stacey, collier, Conisboro’, was summoned by John Roland Adams for assaulting him at Sprotboro’, on the 13th inst.

Mr. W. Baddiley appeared to prosecute, and Mr. F. Allen represented the defendant.

In opening the case Mr. Baddiley said this assault took place in the vicinity of the Cadeby Main Pit. Up to Tuesday, the 13th inst., complainant was a workman employed at the pit, and ceased work on the date in question. When employees ceased work they had to get an order from some of the officials to fetch their tools out of the pit. That order complainant got from Mr. Beardsley, and he went down the pit at ten o’clock to fetch his tools.

When he had got to the bottom of the pit he had his lamp examined in the usual way by the deputies, and asked if he could leave his coat there while he went into the workings to fetch out his tools. When he returned from the pit and got back to the “box-hole,” where the deputies and others meet, he went into the place to get his coat.

On going into the “box-hole” defendant commenced to say nasty things, and among other statements said “He has come in his best clothes.” Complainant retorted that there was no need for him to come in any other clothes, and certainly not in his best ones, whereupon the defendant called him “a little pig.”

A good deal of language was used, but just as complainant was leaving the defendant ran at him, got hold of him by the neck, knocked him down, and then kicked him while he lay upon the ground. Complainant had to go to the doctor.

There was no necessity whatever for the commission of this assault, and when they looked at the difference in the size of the two men the Bench would see that it was a cowardly assault, the defendant being twice the size of the complainant. The latter was alone at the time the assault was committed upon him. There were with the defendant a number of other men, some of them being deputies and defendant himself being an assistant deputy.

Complainant bore out the statements of his advocate.

In addressing the Bench for the defence, Mr. Allen said the complainant used bad language, and defendant, as an under-deputy, whose duty it was to keep order in the mine, requested him to leave the pit, as he had then no business there except to fetch his tools.

Subsequently, defendant rushed out to push complainant down towards the bottom. Complainant attempted to strike defendant, whereupon the latter dealt him a blow on the jaw, and knocked him down. He did not kick complainant at all. On regaining his feet complainant removed one of the blades from his pick, and then raising it, he said he would “put it through defendant’s head.” Parfitt (the deputy), however, prevented the blow being struck, and persuaded complainant to go quietly away.

Defendant gave evidence, bearing out Mr. Allen’s statement.

In cross-examination by Mr. Baddiley, defendant said: Complainant is two men in his own opinion (laughter).

Parfitt, the deputy, and an under-deputy named Powell gave corroborative evidence.

The Chairman said in this case there was no doubt that an assault was committed, but the Bench took into consideration the fact that there was some provocation, and, therefore, the defendant would have to pay 36s. inclusive of the costs.