Mexborough and Swinton Times November 28, 1902
A Member of the Denaby Strike Committee Charged with Theft
Wh. Fallas, a member of the Denaby Strike committee, was charged at the Doncaster West Riding Court on Friday, with having stolen a shoulder of mutton, the property of Joseph Cramp, of Denaby on the 19th inst.
Mr W Baddiley appeared on behalf of prisoner.
Joseph cramp deposed that he was a butcher, carrying on business at a lock-up shop in Doncaster Road, Denaby, and said that on the date mentioned he locked up his shop, pulling down the window, but not fastening it. He left the shoulder of mutton (produced) on the window board.
About 6:30 p.m he returned to the shop, and discovered that the mutton was missing. Subsequently PC Richardson showed him the mutton (produced) which he valued at 6/6. He added that he did not wish to press the case.
Superintendent Blake: I know all about that. We are prosecuting, not you.
Mr Baddiley: How long have you known this man?
Witness: I have known him all my life, sir, and I have never known him to do anything wrong before now.
Mr Baddiley: And he has lived at Denaby all the time you were a boy?
Witness: Yes.
Mr Baddiley: And so far as you know he is a most respectable man?
Witness: Yes so far as I know he is.
Mr Baddiley: he has traded with you at your shop?
Witness: Yes, on one or two occasions he has.
Mr Baddiley: And I take it that you were astonished when you discovered what had happened?
Witness: Yes.
PC Richardson deposed that at six – 10 PM on the date in question he was near the shop of the last witness when he saw the prisoner about the place. He watched him, and so in this the bottom sash of the window of Mr Cramp’s shop, and take up a piece of meat and put it under his jacket. Witness went to him and enquired what she had under his coat, to which he replied “Nothing.” Witness said: “Well, I shall look,” and in doing so discovered the shoulder of mutton now produced. He then charging with having stolen the shoulder of mutton from butcher shop in Doncaster Road, Denaby Main at 6:10 p.m on the 19th inst. Prisoner made no reply and it once apprehended him.
Mr Baddiley: This was in the main Street, and in what you call the Denaby road, was it not?
Witness: Yes.
Mr Baddiley: The man was close to the shop when you have rendered it? – Witness: he was
Mr Baddiley: And he never attempted to get away?
Witness: No.
Mr Baddiley: You were close to him when he took the mutton?
Witness: Yes.
Mr Baddiley: And there were people passing along the street at the time?
Witness: Yes, several.
Mr Baddiley: What condition was he in?
Witness: He had had some drink.
Mr Baddiley: How long have you known him?
Witness: For four or five years.
Mr Baddiley: And you know nothing against him?
Witness: No.
Upon being formally called upon to play, prisoner declared that he was not guilty of the charge.
Mr Baddiley then addressed the bench on behalf of the prisoner. He stated that what he had to say in regard to the prisoner was, as the magistrates had heard from the witness Cramp and from PC Richardson, that he had hitherto borne an excellent character, and if that was so it could scarcely be supposed that a man with an unblemished character, like that of the prisoner, would have gone on to public road – a road much frequented – between Conisborough and Denaby, and deliberately taken away a shoulder of mutton with the intention of stealing it. It can also be stated in evidence that several people were passing along the road at the time, and despite that circumstance prisoner never made the slightest attempt to get away from the place. There was no doubt that this had not this man been in drink at the time he would never have committed such a foolish act. The question the magistrates had to consider was whether the prisoner took the shoulder of mutton with the felonious intent – that was with the avowed intention of stealing eight – and he ventured to think that when the bench and heard the evidence was about to call as to the character of the prisoner, they would find that although he might have acted very foolishly – and there was no doubt he did acting that way – yet he had no felonious intent. If you had run away from the police officer that in itself with a light colour to the charge, but they had it in evidence that he never made the slightest attempt to avoid the officer. Of course if a man wearing drink yet to take responsibility for anything he might do, the question in this case is whether the act he committed was attributable to a drunken freak or whether he really intended to purloin the shoulder of mutton appropriated to his own use. In this case he thought the prisoner never intended to do anything of the kind.
John Nolan was then called to testify at the prisoner’s character. He stated that he had known the prisoner for the past 26 years. Fallas was a man with a wife and family, and he had always born an irreproachable character. For 26 years witness and business had both resided in Denaby. No one was more surprised than witness when he was informed that this had been charged with the theft of a shoulder of mutton.
Superintendent Blake: The fact that he might have been under the influence of drink at the time was no excuse whatever. With regard to the argument advanced by Mr Baddiley, who lay stress on the fact that there was no felonious intent, he failed to see the cogency of that statement, because the evidence was that when he was asked by the police officer he denied having anything.
It appeared there was nothing known against the prisoner, and that being so the magistrates had decided to impose a penalty of 40s and costs, with the alternative of 14 day’s imprisonment