Penistone, Stocksbridge and Hoyland Express — Friday 01 May 1903

Alleged Police Brutality. A Denaby Striker’s Broken Arm.

Extraordinary Story at Rotherham 

Unsuccessful Claim for Damages.

Before His Honour Judge Mansel-Jones, and a jury, on Friday, Police-sergt. Francis Walter Hyde and P.C. Charles Laverley, of the West Riding Constabulary, stationed at Swinton, were sued by Fred Tingle, miner, of New-street, Mexboro’, for £20 damages for assault. Mr. A. Muir Wilson appeared for the plaintiff, and Mr. W. Gichard for the defendant Laverley, and Mr. J. C. McGrath, from Hyde’s Brigade Solicitors’ Office, represented Hyde.

Mr. Muir Wilson, in opening the case, stated that Sergeant Hyde and Constable Laverley 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 that he had been four times convicted of drunkenness, and once for gaming. On Wednesday, the 18th March, he was at Swinton. He was one of the men on strike at Denaby. About 11 p.m. he started to walk home from Swinton to Mexboro’. 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 Doe Hotel. Defendant Laverley spoke to him. Plaintiff was not wearing a coat and was not guilty of any disorderly conduct. Laverley asked him his name and address, and he refused to give it to him at first. After they had walked together about 30 yards he complied. Laverley then said they could go for him.

He (plaintiff) was too drunk to walk home. He replied 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 road. Plaintiff started towards his home, and Laverley threw his staff, remarking “I am going to take you,” and plaintiff answered, “You must not do anything of the sort.” Laverley struck him. Plaintiff put up his left hand, and received a slight blow, which just touched his head. A second blow with the staff hit him on the muscle of the left arm. They then closed together, and both of them fell. Plaintiff said, “I am not going to allow you to take me.” A man who he afterwards identified to be Sergeant Yates came up, and plaintiff was handcuffed on both wrists. He still tried to go to the police-station, and said they could 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, about a mile away. At the police-station he was detained by A. Hyde. He said, “I will show you, you — monkey if you won’t walk.” He hit him in the top of the nose with his fist, knocking him down. He was put into the cell. Hyde and Laverley knocked him about in the cell, and Hyde unfastened one of the handcuffs. He was pushed on the plank style and told to hold his handcuffs, which was still attached to his right hand. Plaintiff said, “You are breaking my wrist,” and be answered, “You deserve it.”

Mr. Wilson: Did you fall in the cell and become insensible?—Witness: I was knocked insensible.

And were your ribs injured?—Yes, they had to be strapped up, and my left ankle was also sprained.

What time would this be?—It would be about midnight.

Did you remain in that cell until 6 o’clock next morning?—Yes.

Without any medical assistance?—Yes.

And then you were brought out?—Yes, by one of the constables.

Was Sergeant Hyde there?—Yes.

He asked you for your name?—Yes; and I said he had got it. I also said he had broken my arm. I was hanging down.

And anybody could see you were not shamming?—Yes.

But did he say?—He said, “You — monkey it serves you right; you want your other arm broken.” One of the constables said, “You have been using a knife.” I said, “I have not done anything of the sort.”

Had you your knife upon you?—No, they had taken it from me.

At eight o’clock you were brought out again, and asked a second time for your name by the sergeant?—Yes, and he said, “You — monkey you know.”

Did any of the policemen then say anything?—Yes, one of them said that my arm was broken.

And asked the sergeant if anything was going to be done?—Yes.

What did the sergeant say to you?—He said, “If he wants anything done he must get it done himself.” I was taken to Rotherham. I was taken to Rotherham the next day.

Mr. Wilson: He was brought up before the magistrates at Rotherham and the case was adjourned.

Cross-examined by Mr. Gichard, witness said he was three miles from home on the night in question. He was in a public-house at Swinton that evening, the name of which he could not remember. He denied being drunk. He said he was going to his home at William Street. He denied rushing at the constable or struggling violently.

Evidence was also given by Dr. Collinson, who said he examined the plaintiff on the morning of the 19th March at the Rotherham Police Office. He found him suffering from a fractured arm and two sprained ribs.

The defendants denied using unnecessary violence. Constable Laverley stated that the plaintiff was drunk and abusive, and refused to give his name. When asked to go to the police station he resisted and struck at the officer. In the struggle both fell to the ground. The plaintiff attempted to use a knife, and the officer used his staff to protect himself. The injury to the arm occurred when the plaintiff fell. Sergeant Hyde denied striking the plaintiff in the police cell.

After hearing the evidence the jury returned a verdict for the defendants, and judgment was entered accordingly, the plaintiff’s claim for damages being dismissed.