Conisborough Miners Sent to Prison.

Jas. Bembridge, Hugh Flanney, Geo. Taylor, Chas. Pearce, Jahaz Word, Geo. Woolner, and Bertie Beever were all summoned for assaulting Alfred Appleyard, son of Francis Appleyard, farmer, Conisborough, and also for trespassing in pursuit of game on Mr. Appleyard’s land on the 6th inst. Mr. Hall appeared for the complainant, and Mr. Baddiley for the defendants. Mr. Hall said he would like both cases together in order to save time, as the evidence was exactly the same in both. His case, he said, was a most serious one, and the facts were briefly as follows.

It appears that on Sunday last all the defendants went to Mr. Appleyard’s to gather mushrooms and trespass in pursuit of conies. When Mr. Appleyard, jun., heard of it he at once made way to the defendants, but before he could get anywhere near he was assaulted in the most violent manner with stones. His brother and cousin came to the field, and they were also assaulted. Mr. Appleyard, jun., then went for the gun, and when the defendants saw it they rushed at him. The horse reared up, and the gun went off accidentally in the air, and his father, frightened by the incident, at once took the gun away from his son. Mr. Hall hoped the magistrates would take a good account of the case, for continually Mr. Appleyard had been buttered by men trespassing, and he had suffered a great loss on that account. They even got into his orchard in broad daylight and took away as much as it was possible for them to carry.

Alfred Appleyard said he lived with his father at Lodge Farm, Conisborough, and on the 6th inst., about three o’clock, in consequence of some information he received, he went to the field which adjoins the house on horseback. He saw the defendants round the hedges with sticks in their hands running the rabbits into the fence. Before he could get anywhere near the defendants a shower of stones was thrown at him. He was about twenty yards away. Flanney hit him with a stone just below the knee, and Taylor hit him in the middle of the back. They all threw, but those were the ones that hit him. The horse was also hit. When he was assaulted in that way he left. His brother was just behind him, and he was also stoned. His father then came. He told them he should want their names. He did not want to fight. Witness then arrived with the gun, and he was again attacked, and in the midst of it the horse reared up, and the gun went off in the air. He fetched the gun with the intention to frighten them, but it went off accidentally, and his father, frightened, asked him for the gun and he gave it to him. His brother then went for the police, and on P.C. Parker’s arrival the defendants ran away in the direction of Hooton Roberts. They were followed and kept in sight all the way. When between Hooton Roberts and Denaby Wood they were caught, and the policeman obtained their names and then took them to Hill Top.

Cross-examined by Mr. Baddiley, he was not the first to strike a blow, nor was he in the habit of striking. He did not know whether any of the family had struck any of them. He never saw anyone near kill one of the defendants some two or three weeks ago.

Mr. Hall at this point objected to Mr. Baddiley bringing in questions of incidents which happened three weeks ago, and which had nothing whatever to do with the case. Mr. Baddiley pointed out that he wanted to show that the complainant had some prejudice against some of the defendants.

Continued cross-examined by Mr. Baddiley: There were some mushrooms in the field. He asked them for the mushrooms they had, but they declined to give them up. Witness did not strike Taylor. He had a cane, but he could not swear whether all of them had canes. He did not know any other men were in another field. No one took his stick from him, he took care of that.

Charles Appleyard said he saw the last witness enter the field, and he observed defendants running the rabbits into the fence with sticks, and then he saw them throw at the defendant. He was 50 yards away. He was threatened with most dreadful language. He then went for the policeman, and on their entering the field the defendants made off and they were captured between Hooton Roberts and Denaby Wood.

Cross-examined by Mr. Baddiley: He could recognise the whole of them.

Joseph Appleyard, cousin to the last two witnesses, said he went into the field and was about 30 yards away from the affray. He took a cane with him. He never saw either of the last two witnesses strike Taylor.

William Appleyard corroborated the evidence of the last witness.

Francis Appleyard, owner of the land, said he went into the field about three o’clock and saw about fifteen men and five dogs. Eight men went away and left the defendants in the field. They were running the rabbits into the fence and shouting. Witness saw them stone his son and they also stoned and struck one of his labourers in such a way that he had not been able to work since, and was not fit to come to court that day. All men were armed with hedge stakes, and when he asked them for their names he was threatened with all sorts of things, but they never touched him, and they remarked, “You have stopped us before, but we will take good care you don’t stop us again, for when we have got all the mushrooms and rabbits we shall take your sheep.” He saw his son Alfred with the gun, and the defendants all got round him and the horse reared up and the gun went off in the air, and witness was so frightened at that that he asked his son to give it to him, which he did.

P.C. Parker said that on receiving certain information he followed the defendants on a horse lent by Mr. Appleyard, and captured them between Hooton Roberts and Denaby Wood. Flanney, Taylor, Pearce, and Beever gave wrong names, and the other three right ones. He then took them to Hill Top.

Mr. Norwood, veterinary surgeon, Conisborough, said Mr. Appleyard brought his horse to his house for him to examine it, and on doing so he found a large bruise just behind the saddle, which was likely to have been caused by a stick. He also found a cut over one eye, which was no doubt caused by a stone having hit the animal.

Mr. Baddiley said he must admit that his clients knew they were trespassing in the field, but they did not go there with the intention of doing any damage whatever, and did not go in pursuit of conies, but just to seek a few mushrooms.

Mr. A. Appleyard went up to the defendants and asked them to give up the mushrooms, but they declined, and on receiving their answer he at once went to Taylor and struck him with a knotted cane, and he remarked that this he was going to prove by a witness. They came to blows, and complainant threatened to shoot Taylor, and he fired the gun at the defendants, which was a most serious offence, even if the gun contained an empty cartridge, and the father then took the gun away from his son. His contention was that the defendants were not guilty of trespassing in pursuit of conies, nor of the assault, for Mr. Appleyard started the fighting.

Joseph Orgill said that on Sunday last he was with the next witness on the way from Mr. Whitfield’s farm to Mr. Appleyard’s to see some friends working there. He was on a footpath at the hedge-side of the next field about forty yards away when he saw Alfred Appleyard go up to the defendants and strike one of them, but he could not say who. He saw him deliberately fire the gun at them, and he also saw one of them strike at Beevers.

Cross-examined by Mr. Hall: He lived at New Conisborough and did not know all the defendants, but he knew some of them. He was on the footpath and saw all the disturbance.

Mr. Hall: Would it not be 150 yards away? Witness: I don’t think it would be more than 100. Forty yards was as near as he could guess. He never saw any stones.

Luke Eltery said he was with last witness. He had been to Whitfield’s farm to see some friends who were working there, and then they were crossing to Mr. Appleyard’s to see some there. He saw when he was better than 40 yards away Alfred Appleyard go and strike Taylor with a cane, and one of them struck Woolner. There had not been a blow struck before complainant struck Taylor. Complainant then pointed the gun at the defendants and said he would shoot them all.

Cross-examined by Mr. Hall: He did not trespass. He went into the field and was not on the footpath. Last witness was with him in the field, and not on the footpath.

The Bench said that two of them had been there before, and the offence was such a serious one that they thought a fine would not suffice, and they would all have a month’s imprisonment each, and the game trespass would be dismissed.

Transfer of License.
Mr. Pawson applied for a transfer of the licence of the Fox Inn, Conisborough, from the late John Birtles Gibson to his widow, Mary Elizabeth Gibson. The application was granted.

Miners’ Row at Bolton-on-Dearne.
Thomas Metcalfe, miner, was charged with damaging pots and chairs belonging to Thomas Cook, miner, of Bolton-on-Dearne. Elizabeth Metcalfe was accused of assaulting Mr. Cook, and both Cook and his wife had been summoned for assaulting Elizabeth Metcalfe. The defendant Metcalfe lodged with Cook, and because Metcalfe went home drunk and caused a disturbance Cook ordered them away. Metcalfe threw his box downstairs and damaged the pots and chairs. Subsequently the women got to fighting. The whole of the summonses were dismissed