Mexborough and Swinton Times April 30, 1897

A Warm Afternoon at Conisborough

A case that may prove interesting or otherwise to those who are in the habit of taking walks across the fields in the night in broad daylight, as the case with which we have to deal with was tried in a West Riding courthouse at Doncaster on Saturday.

Alfred Appleyard and William Appleyard, farmer sons, of Conisborough were charged by Abraham Hart, collier of Kilnhurst, for an assault being committed on him at Conisborough on April 10, Good Friday.

On the other side, Abraham Hart, collier of Kilnhurst was summoned by Francis Appleyard for assault on his son, William Appleyard on the same date, and Abraham Hart, Sam Walker, Tom Parry, colliers of Kilnhurst and Matthew Roebuck of Parkgate were charged with trespassing in search of conies at Conisborough on 10 April.

Mr Hall appeared for Hart, and Mr Baddeley was present on behalf of the Appleyards.

Mr Hall stated that these men as friends all went for a walk in the country on Good Friday. They set off to go to Micklebring. In doing so they had to go through a plantation, and when going through this two of the Appleyard sons rushed up and charged them with trespassing in search of game, and demanded their names.

The men naturally objected, and some more of the Appleyard having in the meantime rushed up, they set onto this man, Hart and beat him most unmercifully. They beating with whips and six, and his head was cut open, his eyes were damage, he received two black eyes, and blood was running all over him. He went home and went to the doctor, who had given him a certificate producing court. The Manor is close all cut, and they were all over blood. The magistrate could see them if they wish. The way the man had been treated was abdominable and when Hart had issue the summons, the Appleyard took those out against the men. Even if they were trespassing in search of game the men and no right to treat them in the way they had done.

Abraham Hart said he was a collier, and lived in Charles Street, conus. On Good Friday, E, along with the other men, set off to go for a walk in the country to Micklebring. They had set off about 2:45. They had a couple of dogs with them, a large one and a small one. They had to pass through a plantation to get took Micklebring. He was a little behind the other men. While in their tour the Appleyard’s, not William and Alfred, rushed up and charge them with poaching. He (witness) answered them, and said they were not poaching. He began to walk on, and the two sons walked at the side of them. The father and two more sons then came up on horseback, and wanted the men all to go back to the farm. He (witness) refuse to go, and tried to reason with the father, but it was no good. He asked them to search them if they thought they had got anything, but they would not do is it. He also offered to give his name, but the men would not let him, and the father then said:

“If they will not go, drive them to the farm.”

The men, Alfred and William, then set on him, and beat him unmercifully with thick steaks and whips, and he was not down on the floor and assaulted there. It was all covered with blood, and he had his closing court to show if needed. He did not do anything to them, nor did he give them any provocation whatever.

At last they had to go back to the farm. A policeman had been sent for, and there they were they gave their names and addresses. He had go to Dr CA Adams with his injuries, and he had given him the certificate produce. They have received some very hard wounds, both his eyes being black, the top of his head split open, both ears badly cut.

Mr Baddeley: You say they asked for your names; why did you not give them?

Witness: they do not give it a chance.

Mr Baddeley: what did they say to you when you first saw them?

Witness: they said we were after rabbits, and I said we were not.

Mr Baddeley: Do you know that William Appleyard had been sent for by his brothers?

Witness: I know the two that first game went for their father and brothers.

Mr Baddeley: Did you have a hedge stake with you? – No.

Mr Baddeley: Did you strike William with a hedge stake? – No.

Mr Baddeley: You did not strike him? – No.

Mr Baddeley: Oh, we shall come to that later on. You had not a stick of any sort? – No.

The Chairman: When you wanted to give your name they would not believe you? – Yes.

The Chairman: there were three men besides you? – Yes.

The Chairman: They were not injured?

Mr Hall: They were struck with the whips and states, but they were not injured so much as this man.

Sam Walker was called up for the prosecution and stated that he was in company with the previous witness and the other men. They were in the plantation and the two sons rushed up and charge them with poaching. This they denied and the son sent a boy on horseback for the father. They were still walking on when the others rushed up. They got about 1 mile past the plantation when the others came up. They thrashed Hart most unmercifully. William got off his horse, and rushed at Hart with his whip, and he was knocked down and beaten while on the floor. Hart had not touched them. He tried to reason with Mr Appleyard, but he would not listen, and said they would have to go. He said, “If they will not go, drive them. They then had to go to the house, where a policeman was waiting, and they gave their names and addresses. He knew the sons had sent for a policeman.

Matthew Roebuck said he was with the men on the day name. They all set off on Good Friday to walk to Micklebring and when in the plantation two of the Appleyards rushed up and charged them with trespassing in search of game, and the men all walked on together. He wished to give his name and address, but they would not have them. They said they would take the men with them. The father and son then rushed up on horseback. The men wanted to let the Appleyard search them, but they would not, said they would have to go back with them to the farm. Heartening commenced to walk away, and William and Alfred both got off their arses and went for Hart, and beating cruelly. They knocked him down with the whip, and beat him on the floor. Witness and the other men were hit with the whips. Witness had a large black mark on his back. They had to go to the farm and give their names and addresses.

Mr Baddeley: Then why haven’t you taken out a summons?

Witness: because I was not injured as much as Hart.

Mr Baddeley: Why did you not give your names and addresses.

Witness: We wanted to, but they would not allow it. They made us go back to the farm.

Mr Baddeley: You had a ferret on you I believe.

Witness: No, we hadn’t.

Thomas Parish was then called, and gave evidence similar to that given by the witnesses. They had not a ferret with them.

Mr Baddeley: You had not a ferret with you? – No.

Mr Baddeley: Do you know anything of one been found where you had been?

Witness: When we were in the yard at the far Mr RP Octavia said a friend of his and just brought a ferret, and said he had found it where the men had been.

Charles Appleyard was then called and said he went down in the plantation with his brother Alfred, and saw the men there. When he got near them he heard one of them say: Is the ferret in the hole?” When the men so him they went behind some bushes, and he went after them. He asked them for their names but they refused to give them. He knew Walker, and he told him he could go. Roebuck said he had come to Kilnhurst to spend Good Friday with Hart, and they had come out for a walk. They would not give their names, so he sent for his father and brothers and the police officer. His father and brothers then came up and Hart had an hedge stake in his hand. His father told them to take them to the farm, and Hart struck at his brother Alfred’s horse. William said “Come father, and hold my horse, and I will take it off him.” As he was getting off, Hart rushed up and struck the has, and hit William a severe blow over the arm. William then went for Hart and gave him what the witnesses called a good hiding.

Mr Hall: did your father tell you to drive them? – Yes.

Mr Hall: did you asked for their names?

Witness: yes, and we took them to the farm because they would not give them.

Mr Hall: You know you have been a before for ill treating some colliers.

Frank Appleyard was called and supported with the statement.

Mr Hall: did your father tell you to drive these men to the farm?

Witness: Yes

Mr Hall: Yes and I think you did (laughter)

Mr Hall: Had you a whip? – No

Mr Hall: Had you a stick? – Yes

Francis Appleyard was called, and he corroborated the statement of the previous witnesses.

Mr Orr: Why did you tell your sons to drive them?

Witness: because they would not go without.

William Appleyard stated he was struck a severe blow over the arm by Hart, who hit him with an hedge stick as he was getting off his horse. He got off and give him a good hiding.

Alfred Appleyard gave evidence as to the assault on William Appleyard.

Mr all stated that now the Bench had all the facts of the case before them he hoped they would inflict a very substantial penalty on them. The all things are most disgraceful affair, and he hoped they would make an example of them.

The Chairman, after the Bench had retired to consider the case, said they had decided to dismiss the case against Alfred Appleyard.

William Appleyard would be fined 20 shillings and costs for the assault on Hart, the Chairman remarking that although he might have received a little provocation he was not justified in the assault, as they ought to have followed the men, and not attacked them in the manner they did. The charge against Hart for the assault on William Appleyard would hello there yes you only be about 1050 years be dismissed, and the men Hart, Walker, Parish and Robert would be fined five shillings and costs each for game trespass.