Mexborough and Swinton Times June 8, 1888
What He Got For “Peaching.”
The Accident in a Conisborough’ Quarry.
Bartholomew Prendergast and Thomas Tyrrell; pony drivers, Joseph Flannery and Michael Lang, jinneyers, working at the Denaby Main Colliery, who pleaded not guilty, and Joseph Shaw, who pleaded guilty, were charged with doing wilful damage to tram waggons, the property of Messrs. Crawshaw and Blagden, of North Cliffe Quarry, Conisborough on the 29th Apr11
Mr. J. H: Pawson appeared for the prosecution, and Mr. C. W. Hall defended all the defendants except Shaw.
Mr. Pawson said at Messrs Crawshaw and Blagden’s quarry at Northcliffe, Conisbro’, there was a tram line 600 feet long, and there was a gradient of one in six, which is very steep. On the 29th April the defendants were there. At the top of the line was an empty corf fastened with a chain; at the bottom of the line there was a loaded corf, weighing 5 cwts. Shaw and another boy were seen by other witnesses to be, engaged in unloosing the corves, and now the other defendants had been implicated. There was no intention on the part of-the prosecution to press the case, but the ” freak ” of defendants had been attended with great risk, and the Bench were asked to put a stop to it.
Mr. C. W. Blagden said some years ago when the chain broke, a corf had got on the highway. On this occasion damage had been done to the extent of £8.
Charles Streets said on Sunday, the 29th, at 2.30, the corf at the top was alright, with one end lifted off the rails, and fastened with a chain, Later in the day he found that the corf had been set loose, and had dashed the other to pieces. There were a lot of, Children and cattle m the field crossing and re-crossing the line.
Joseph Shaw, one of the defendants, then went into the box, and said he was a jennier “at Denaby -Main. He was with the other four defendants, and they all set to work, pulled the chain out, and set the corf down the incline. It broke through the gate and dashed the ‘ other corf to pieces. There was no one else there besides the five defendants.
Mr. Baines : There were two lads convicted a fortnight ago?—Mr. Fawson : Yes.
Mr. Baines (to witness) : Was Kelly there? — Witness: No.
Mr. Hall: And there were three witnesses.
Mr. Hall said he again submitted that there was no case. The Act specified that there must be malicious injury, whereas the boys appeared to have done only what was certainly a mischievous trick. Then again the only evidence, against the defendants was the evidence of an accomplice. The Act said the evidence of an accomplice must be confirmed in some particular, whereas there was not the slightest corroboration of the last witness’s statement. That the Bench should be very careful what they believed of such evidence he need only remind them of the case two weeks ago, when Kelly was convicted-on similar evidence; but it now appeared he was not there.
The Bench overruled Mr. Hall’s first objection.—With regard to the second Mr. Pawson said it was a question whether the Bench believed the evidence of the witness or not.
Mr. Baines : We believed the evidence against Kelly.
Mr Pawson submitted that the case against Kelly had been disposed of.-
Mr. Baines: But we must take it into our consideration to-day. I don’t think we can convict.
The cases against _Prendergast, Tyrrell, Flannery, Lang were dismissed, and Shaw was fined 40s. including costs.
Mr. Baines: The same as the other boy.