Mexborough & Swinton Times – Friday 02 February 1883
The Case of Unlawfully Wounding at Denaby.
James Cryan, Bartholomew Toolan, and Patrick Macdonald were charged with assaulting Police-constable Kendall, at Denaby, on the 13th inst. Mr. Hickmott appeared for the defendants Toolan and Cryan.
Dr. Blythman, Swinton, said about two o’clock on the morning of the 14th, Police-constable Kendall was brought to his surgery, suffering from five wounds on the head – four on the scalp and one on the forehead. They were serious lacerated wounds; he could not say how they were caused. Complainant had lost a great deal of blood but was conscious. There was danger of erysipelas setting in. With the exception of one, all the wounds were to the bone.
Police-constable Kendall stated that about twenty minutes past eleven he was on duty near the Denaby level crossing. He there saw three men coming from the direction of Mexboro’, cursing and swearing. He spoke to them about the language they were using, but they did not desist. He stopped a man who was the worst, and told him he should want him. The man then struck witness a blow on the mouth, and made it bleed. Witness told him he should take him to Swinton station, and took hold of him and brought him about twenty yards. Several others then came up and tried to get the man away from him.
He lost his stick in the struggle, and one of the men threatened to strike him with it, saying he would knock his b— head off if he didn’t let go his hold. He could not swear to the man he had hold of. They all ran in the direction of Mexboro’. The man he had in custody struck him with the stick on the right side of his head. When they ran away he told a man named Newton to look after his stick, and follow on. Witness ran after the men, and caught them on the canal bridge. He took hold of the man he had first apprehended. He was thrown down, and the man whom he had had in custody took his stick and struck him on the right side of the head with it. He was sure it was Macdonald and Cryan who got his staff away. Both of them struck him. He could speak with certainty respecting Toolan. He became unconscious, and was afterwards taken to the inquiry office at Denaby Main, and from thence to Dr. Blythman at Swinton. Nobody was with him at the time of the assault, but Newton came up afterwards.
Newton was called, and said that Cryan and Toolan had Kendall against the wall. Macdonald was standing close to them at the crossing. Witness took the stick from Macdonald.
James Newton also gave evidence.
Jos. Lee said on the date named he saw Cryan snatch the stick from the police-constable. He also said to Kendall that if he didn’t leave go he would split the complainant’s b— head open. He next saw Kendall on the River Don bridge; he was bleeding. It was dark at the time.
Humphrey Barker, a miner residing at Denaby, said on the night of the 13th he passed the canal bridge, and saw three or four men pass in the direction of Mexboro’. When the men got opposite him, they started running down the hill. Shortly afterwards he heard a noise. He proceeded to the spot, and found two men running away from a man who lay prostrate on the ground. Kendall’s face was covered with blood and mud. Witness asked the constable whether he knew who had assaulted him, and he replied he had an idea who it was.
Sergeant Blanshard said on the 13th inst. he went to Denaby and found Kendall, who was covered with blood. He took him to Dr. Blythman. They afterwards apprehended the defendant Cryan for assaulting a police-constable in the execution of his duty. He replied, “I think not; I was at a public-house until ten o’clock, and came straight home.” When he first went in the lodging-house all the defendants were in bed. After they had looked at them, they asked them to get up, and they did so. He and Kendall went upstairs. They took no jacket upstairs with them. There was a jacket lying on the chair, and it was put back for the purpose of letting the man identify it. The instant Cryan came downstairs, Kendall said “That’s one of the men.”
Inspector Birkenshaw said he apprehended Macdonald at a place beyond Huddersfield.
Macdonald said on the Saturday night he met four or five men running in the direction of Mexboro’. He stood still and listened, and heard a noise. A man named Teddy Hammond came up, and they both went home. He asked Hammond whether the bobbies were after some “chaps,” and Hammond answered “Yes.” He then went straight home.
Edward Hammond said he was going home on the night in question, and met four men going towards Mexboro’. He turned back again, and heard one of the men shout. When about 100 yards from the pit, Macdonald came up and accompanied him to Denaby. It was then about a quarter to twelve.
Wm. Finerty, Martin Cohen, and Mary Cohen also gave evidence.
The prisoners were each sentenced to six months’ imprisonment.
