Mexborough and Swinton Times January 20, 1906
Railway Trespasses at Conisbrough
“The worst station on the G.C.R. System.”
Charles Peters Richards, Station Master at Conisbrough, was summoned for having committed an assault upon Aubrey Eli Kidney, at that place, on the 6th inst.
There was a cross summons.
Arthur Hall, divisional detective of the G.C.R., charged the complainant with having trespass on the G.C.R.at Conisbrough on the same date.
Mr D.M. Gichard of Rotherham, appeared on behalf of Kidney; and Mr F Allen, instructed by Mr Dixon Davies, of the G.C.R. Company Solicitor’s Department, London, represented the stationmaster and detective Hall.
Both cases were heard together.
The complainant, Kidney, deposed that he was employed at the Denaby Colliery, where his father was a chargeman. At 1:20 p.m. on the date in question, he went to his father’s cabin, and about 10 minutes after he, and his father proceeded from there to Conisbrough Station, walking over the level crossing at Denaby, and entering the station premises by passing under the bridge.
When they arrive at the station he and his father, went to the far side from which the trains for Doncaster start. When there he saw his mother and his father joined her. On leaving the platform complainant went down this slope leading to the Doncaster side of the platform, and after having crossed the rails, he was met by the stationmaster, who caught hold of him by the collar and demanded to know where he was going. In reply to that question he say was going home, when the stationmaster said, “You are not. I saw you come across a field on the other side of the line.”
Complainant retorted, “No you did not. I have just left my father and mother at the station.” The stationmaster dragged him across the two main lines of rails and pushed him into a field, after striking him about the face and body. Subsequently he was taken into the porter’s room, where his cries were heard by his father, and when complainant told his father what had taken place the latter went to the defendant and said, “What did you hit my boy for?” To which the stationmaster replied, “That will be fought out afterwards, and you can do what you like.”
Complainant had never been near the field at all and, so far as he knew, he had not trespassed at all.
Confirmatory evidence was given by Isaiah Lawley, George William Blessett, Arthur Kidney, Rosetti kidney (father and mother of complainant.)
Mr Frank Allen addressed the bench on behalf of the stationmaster. He said Mr Richards was exercising his right under the statutory powers. The relevant regulation of 1840 stated that if any person should be guilty of trespassing on any railway works thereon and should refuse to quit when requested by any officer of any rail which do so, he might seized and detained by any of the company’s offices or agents.
Conisbrough station, continued Mr Allen, was one of the roughest on the Great Central Railway system, and Mr Richards had the very greatest difficulty in maintaining anything like order. There was a footpath leading from the station to the Denaby Colliery, which gave colliers access to the station platform, and if that footpath were used by anybody else it would, of course, be a trespass. There had been a great amount of annoyance caused the stationmaster by men and youths who would not confine themselves to the footpath, but would insist upon walking over his gardens.
The stationmaster was keeping special observation on the date in question, and in addition to the boy Kidney, there was a friend with him. He followed the two, and succeeded only in catching Kidney, whom he asked for his name and address, which however, he refused to give.
Thereupon he took hold of him and took into the porter’s room, and it was with considerable difficulty that the information was elicited from him. Before that Kidney declared that, although the stationmaster had brought him back, even after he got the signal box, he would, as soon as he (the stationmaster’s) back was turned, return home on the railway. It was extremely improbable that the stationmaster would have struck the boy in the presence of so many people.
The stationmaster entered the witness box and give evidence in support of Mr Allen’s statement. He denied that he struck Kidney, and contended that in removing the boy from the premises he used no more force than was necessary.
Mr Gichard: Was the boy crying?
The Stationmaster: Yes, but it was in consequence of his temper.
Mr Gichard: Did you say to the father, “I did it, and it will be fought out afterwards?”
The stationmaster: No, there was some conversation but I thought the boy’s parents were going to strike me.
Durrant, signalman, Conisbrough, gave evidence. He denied that the Stationmaster struck the boy and said Kidney was most impudent and defiant
Leonard Walter Jones, engine driver, in the employment of the Midland Railway also gave evidence.
The Bench ordered the boy to pay one shilling and costs on the charge of trespass and on the charge of assault the magistrates expressed the opinion that the Stationmaster had exceeded his duty, being probably very much annoyed at the time.
For the assault he would have to pay 10 shillings and costs.