Mexborough and Swinton Times January 28, 1905
A Lively Time at the Denaby Main Hotel
A case was heard at Doncaster Magistrates Court on Saturday in which Mr William Isaac Gibbs, landlord of the Denaby Main hotel, was summoned by Richard McNulty for assaulting him at Conisbrough on 17th January; whilst Mr Gibbs had issued summonses charging Richard McNulty, a filler of Conisbrough, and Martin Lee, a miner from Conisbrough, for being disorderly and refusing to quit the hotel on 17 January. He also summoned McNulty for assault at the same time and place
Mr G.W.Andrews appeared for McNulty and Lee and Mr W Baddiley was on behalf of Mr Gibbs
McNulty said he had been for a walk on the 17th inst and on returning from Mexborough called at the Denaby Main Company’s Hotel about 2.30 in the afternoon. He remained about an hour; and at the request of a companion began to sing. The barman objected to the noise, and told complainant to leave. He refused to go, and said he might if the landlord, Gibbs, told him to.
Gibbs came, and complainant was leaving when defendant pushed him on the steps. Complainant told him he was too fat to fight, and defendant replied “Am I?” struck complainant, who was standing on the footpath, in the eye.
It was a severe blow, and complainant was unable to work the next day. Complainant said he did not resist defendant, and was merely joking when he said Gibbs could not fight. He did not think that a man of Gibbs size would strike him. On the same day he went to Doncaster and took out a summons and on Friday he was served with a summons for being disorderly and refusing to quit, but he had not created any disorder.
Mr Baddiley “did you think you were right” Complainant “I don’t think I deserved what I got was. In further cross-examination, witness said he had told the billiard marker, named Scholey at the hotel he had ‘slept on it’ and that being in the wrong he would withdraw the summons. He had also told the clerk to the magistrates complainant that he was not drunk and do not use any bad language
Martin Lee in corroborating McNulty’s statement, said after complainant had told Mr Gibbs he was too fat to fight, Mr Gibbs said “I will show you whether he is too big to fight”, and he did so. As they were on the steps he saw Mr Gibbs strike McNulty with his fist, although McNulty did not offer to strike the landlord. He never tried to throw Gibbs and he did not see McNulty do anything to justify Mr Gibbs in striking him.
Mr Gibbs was sworn, and stated that on Tuesday afternoon he was upstairs in the commercial room with some gentlemen, when a billiard marker, named Scholey, fetched him and made a statement to him. When he got into the dram-shop he saw both Lee and McNulty. Mr. Owen, the under manager, informed him that both were being disorderly. Lee had been egging McNulty on. He had requested both of them to leave the premises, but they refused to do so. Lee was sober. He asked McNulty to leave, and he said “He should –– well go when he was ready “He also ordered Lee to go. As they made no move, he got hold of McNulty by the arm near the shoulder, and took him to the door. He assisted in down the steps, which were then slippery. When they got near the bottom McNulty tried to throw him, when Cooper, a waiter, got hold of him, and Lee was getting ready to hit him.
James Owen, assistant manager of the hotel, said on Tuesday, he was in charge of the Dram-shop. McNulty commenced singing. He had had sufficient drink, and he told him several times to leave the premises, as he would not supply in with any more. Lee said, “He is not drunk; what will he have to go out for?” Witness then said “you will have to go out with him too”
He (McNulty) then said he should not go out for him, as it was only the under manager, but he would go for Mr Gibbs. Witness then asked him to go half a dozen times. He refused to go. Witness told it would be better for him to go quietly, without having to send for Mr Gibbs. Lee also refused to go he was not drunk and he did not see why he should have to go. If he had been quiet he would not have ordered him out.
Mr Gibbs came and put McNulty out. McNulty tried to throw him, and then Mr Gibbs struck him. Lee did not say anything, but started to button his jacket up as if you were getting ready to have a hand in it. Cooper then told him to go outside. Whilst they were on the steps Lee said “Hit him hard Dick!” McNulty tried both to kick and hit Mr Gibbs.
Samuel Charles Cooper, a barman, give similar evidence.
The case against Gibbs was dismissed, and also the summons against Lee. McNulty was ordered to pay 10 shillings (50p) and the cost 24 shillings, (£1.20) for refusing to quit.