The Alleged Brutal Assault at Barnburgh

December 1885

Mexborough and Swinton Times December 11, 1885

The Alleged Brutal Assault at Barnburgh

Thomas Williams and John Burks, colliers, old hands, working at Denaby Main and living at Mexborough, were brought up on remand on a charge of maliciously inflicting bodily harm on Martin Flaherty, who is also a collier at Denaby, and is one of the Staffordshire men.

Mr Hall appeared for the defence.

Complainant said that on the 22nd ult he was at the Crown Inn at Barnburgh. The two prisoners were there. There was a fight between some colliers, and witness said it was a shame the way they were using one of the men, and he had scarcely got the words out of his mouth when Williams struck him across the head with a piece of wood, and knocked him onto the ground senseless.
The assault took place about 3 o’clock in the afternoon, and he lay unconscious on the ground until 6:30, when he was taken home.

In cross examination, witness said he did not have a fight, but he might have had a “clout” or two. He did strip to his shirt, and he told a man named Finney that he wanted a —- kick in the mouth.

William Bailey said he and Flaherty stood together after a fight in the field, when Williams struck him a blow on the head, and as he was reeling, threw a brick at him, and then Clarke struck him with a thick hedge stake, which knocked him senseless. Birks kicked Flaherty when he was on the ground.

A man named Finney called out that Flaherty was dying, and he was to come and see to him, but he refused, as he was afraid they might serve him the same.

Thomas Graney gave corroborative evidence, and said that after Williams knocked Flaherty to the ground, he kicked witness in the mouth, and cut his head up with a stick.

In cross examination, witness said that Flaherty had been in the field stripped, having a regular fight with several men.

Dr Sykes said he was called in between seven and 8 o’clock at night, and found Flaherty suffering from confused walls was above and below the eye. He seemed a good deal knocked about altogether. Witness attended Flaherty up to the present time. He was a week in bed, during which time there was some danger of erysipelas. He could imagine the wounds were done with a cake or a stick.

In cross examination, witness said he thought it just possible that the cut above the eye might be caused by a regular “bruiser.”

In defence Mr Hall at once submitted that there was no evidence against Birks. Flaherty had got thoroughly well thrashed, which from his previous conduct he thoroughly deserved.

John Thickett, farmer, Barnburgh, said on the 22nd ult he was in the lane in question, and saw a number of men fighting “like Bulldogs.” Williams was standing near with a dog, but he never struck Flaherty. Witness Flaherty felled, but it was not by Williams.

Edward Finney, glassblower, said this Sunday afternoon he was sat on a gate to where the row took place, and Flaherty went to him and threatened to “giving one the chops.” Witness refused to fight, and Flaherty and Birks had a fight. At this time Flaherty had his coat and shirt off.

The bench dismissed both charges on account of the unreliability of the evidence for the prosecution.