Alleged Police Brutality – A Denaby Striker’s Broken Arm

Extraordinary Story at Rotherham – Unsuccessful Claim for Damages

Yesterday, at the Rotherham County Court, before his Honour Judge Mansell-Jones, a case of considerable interest to the police and public was heard. Police-sergeant Francis Walter Hyde and Police-constable Charles Lewsley, of the West Riding Constabulary, were sued by Frederick Tingle, miner, of New Street, Mexborough, for £50 damages for assault. Mr. A. Muir Wilson appeared for the plaintiff, and Mr. M. Gichard defended Lewsley, and Mr. J. C. McGrath, from the West Riding Solicitor’s office, represented Hyde. A jury was empanelled.

Mr. Muir Wilson, in opening the case, stated that Sergeant Hyde and Constable Lewsley were alleged to have treated the plaintiff with great brutality. If the plaintiff’s story were true, the jury would see that most unjustifiable violence had been used. When the man’s arm was broken the sergeant had acted with callousness in not providing him with medical attention. It was not until plaintiff reached Rotherham that they found an official with a little humanity in him. Supt. McDonald, who on seeing his condition, at once called in a doctor. Plaintiff had been brought up at the Rotherham Court charged with being drunk, but the case stood adjourned until after the hearing of the action for damages.

The plaintiff, in his evidence, admitted he had been four times convicted of drunkenness and once for gaming. On Wednesday, March 18, he was sober. He was one of the men on strike at Denaby. About 11 p.m. he started to walk home from Swinton to Mexborough. He had been drinking at a Swinton public-house, but he was not drunk. When he had gone about a mile he arrived near the Don Hotel. Defendant Lewsley spoke to him. He (plaintiff) was not swearing, and was not guilty of any disorderly behaviour. Lewsley asked him for his name and address, and he refused to give it to him at first. After they had walked together about 30 yards he complied. Lewsley then said that would not do for him, he (plaintiff) was too drunk to walk home. He replied that if he was too drunk to walk home he was too drunk to walk back to the police station. They were the only two persons on the high road.

Plaintiff started towards his own home, and Lewsley drew his staff, remarking, “I am going to take you,” and the answer was “You must not do anything of the sort.” Lewsley struck at him, plaintiff put up his left arm, and received a slight blow which just touched his head. A second blow with the staff was on the muscle of the left arm. They then got wrestling together, and both of them fell. Plaintiff said, “I am not going to allow you to take me.”

A man whom he afterwards ascertained was Sergeant Yates came up, and plaintiff was handcuffed on both wrists. He still refused to go to the station, and said they would either have to carry or wheel him. They fetched a wheelbarrow, and he was put on it, and three of them in turns wheeled him to the police-station, above a mile. At the police-station he saw the defendant Hyde, who said, “I will show you, you monkey if you won’t walk.” He hit him on the tip of the nose with his fists, knocking him down. He was shoved into the cell. Hyde and Lewsley knocked him about in the cell. Hyde unfastened one of the handcuffs. He was pushed on the plank. Hyde got hold of the handcuff, which was still attached to his right wrist, plaintiff said, “You are breaking my wrist,” and he answered, “You want it.” Hyde twisted the handcuff and plaintiff complained of his arm being broken. He became insensible. He sustained injury to his ribs, and also to his left ankle which was sprained.

All this happened about midnight. He remained in the cell until six o’clock the next morning, when he was brought from the cell by a constable, and put in the office. Hyde asked him for his name, and plaintiff said, “You have got it.” He said, “You have broke my right arm,” the limb at the time hanging down. Hyde said, “It serves you right, you monkey, you would not do otherwise.” One of the constables then opened the handcuff, which had inflicted the injury, and again put it in the cell, still suffering pain. Just before eight o’clock he was again brought into the office by Hyde. Plaintiff was asked for his name, but he still declined the information. A constable said, “His arm is broken, is anything to be done with it?” The sergeant replied, “If he wants anything done, he must get it done when he gets to Rotherham.” He was afterwards taken to Rotherham by Lewsley, arriving at 9 a.m. About an hour later he saw Superintendent McDonald, who sent for Dr. Collinson, who set the arm. He was kept in custody until 10.30 o’clock on the Friday morning. On the afternoon of the same day he was attended by Dr. Twigg, under whose care he still remained.

By Mr. Gichard: He had lived at his present address about three months. He got to the public-house at 6.30 or 9 p.m. In his walk he had two companions with him. Between four and seven o’clock they had some drink at Kilnhurst. He worked at Denaby until the strike. He admitted he had lost time in order to visit various sporting grounds. He did not tell Lewsley he lived in William Street, and he was not attempting to walk out of the township. After being on the ground he (plaintiff) did not draw a knife and threaten him. He did not strike the constable, and his hand was not cut. He did not hold the knife and say “I’ll soon touch me I’ll do for you.” He never had the knife from his pocket. The knife was taken from him in the police office. The truncheon was not used because of the knife. There was not making use of bad language and threats. He did not rush at Sergeant Yates and Lewsley. The officers asked him to walk but he refused. He did not throw himself on the ground. When the handcuffs had been put on he lay quietly on the ground until the barrow was fetched. They tied his legs when they put him on the barrow, but there was no reason for doing it. He did not at any occasion throw himself from the barrow, and pull Lewsley over on top of him. He had no witnesses of the occurrence.

In his further cross-examination, plaintiff said Lewsley assaulted him in the cell at Swinton.

Answering Mr. McGrath: He was handcuffed when Sergeant Hyde came into the office. He was certainly not knocking about on the floor. It was the sergeant who knocked him to the ground.

Dr. F. W. Twigg, of Denaby Main, who first saw plaintiff on the 20th March, described the injuries from which he was suffering. There was a slight cut on the head, and a bruise on the left arm. He suffered from pain of the ribs. The back ankle joint was swollen, puffy, and red. His right arm was in splints. Three or four days afterwards he took off the splints. On the small bone of the forearm there was a swelling indicating a fracture. That injury would be caused by direct violence. A twist of a handcuff on the bone would cause it.

By Mr. Gichard: The pressure would have to be very great. If a man fell whilst handcuffed he might sustain the injury.

This was the case for the plaintiff.

The defendant Lewsley stated that on the 18th March he saw the plaintiff in Bridge Street, Swinton, in a drunken condition. He turned down the canal tow-path. He went to him, and got the reply that he was going to William Street, Swinton. He also refused his name and address, and used bad language. He (Lewsley) then intimated he would have to see him home. He answered, “I am not going to have a —— like you taking me home,” and took hold of him by the neck. Plaintiff took a knife from his pocket and struck at him. He (Lewsley) put up his hand to ward off the blow, and received a cut two inches long on the wrist. He drew his staff, whereupon plaintiff said, “Put that away, and I won’t use my knife.” They afterwards struggled, and he (Lewsley) got the knife from his pocket. The plaintiff tried to throw him down.

When they had gone about 180 yards Sergeant Yates came up. Before then plaintiff had made three attacks on him. He (Lewsley) told Yates that plaintiff had been using his knife, and plaintiff said “Yes, he wants knifing.” Plaintiff kicked, shouted, and tried to bite, and said he would rather die than let them take him. They put the handcuffs on him, but he refused to walk, and threw himself down. Another officer (Police-constable Sharpe) was fetched, and as he still refused to walk a wheelbarrow was obtained from the railway station, and he was put on it. He threw himself off twice. After that they tied his legs with rope, and the officers did their best to hold him on. Before the police station was reached, he threw himself half-a-dozen times, twice pulling him (Lewsley) on the top of him. His conduct was like that of a madman. At the police station he (Lewsley) unfastened the handcuffs, and another officer took off the rope. Plaintiff, who was on the floor, refused to get up. Sergeant Hyde cut his boot-laces, and took off his boots. He resisted searching, and he was then put in the cells. All this time the knife was in his (Lewsley’s) pocket. Hyde did not assist in putting plaintiff in the cell, and did not commit any assault upon him.

Dr. F. O. Collinson, of Rotherham, said when he was called to see the plaintiff, he was suffering from a fracture of the inner forearm. He thought the injury was unlikely to have been caused in the way suggested, because of the absence of marks on the arm.

The other evidence included that of Sergeant Yates, Police-constable E. W. Sharpe, William Wilkinson, glass bottle blower, and the defendant, Sergeant Hyde. The latter denied having assaulted the plaintiff. He was aroused in the early morning of March 19 by a noise in the station. Plaintiff was lying on the floor on his back, and two constables were holding his legs and one his forehead. He kicked freely, and refused to get up. He (Hyde) did not threaten or strike plaintiff, and plaintiff was not abused by any of the officers.

Police-constable Woodall, the day orderly at the Rotherham West Riding Police Office, deposed that while in his custody plaintiff made no complaint of injuries to his side or ankle.

Supt. McDonald stated that plaintiff never mentioned Hyde’s, or any other, name to him. He did, however, say that the injuries had been done by “some of your fellows last night.” There was no accusation that Hyde had broken his wrist with the handcuff.

Mr. Gichard and Mr. McGrath addressed the Court, the latter characterising the claim as an impudent one, and as an attempt on the part of the plaintiff to make money out of his own wrongdoing.

His Honour put it to the jury that the case rested on the question as to whether plaintiff was or was not drunk. The jury answered in the affirmative, and found a verdict for the defendants.