Mexborough and Swinton Times October 26, 1912
Cowardly Attack on a Constable
Scene at Bolton-on-Dearne
Prison for Assailant
The story of a cowardly attack on a police constable was unfolded in the case in which Arthur James, of Bolton on Dearne, was charged with doing grievous bodily harm to PC Lundy at Bolton on Dearne on October 19th.
Giving evidence of the assault PC Lundy said that at 11:05 p.m. on Saturday last he was in Furlong Road at Bolton on Dearne. When near to Newell’s shop he saw the prisoner making use of abusive language towards a dog. Witness spoke to him and told him to go home quietly. He replied: “Is there anything wrong, Mr Lundy? After he had gone about 40 or 50 yards the witness received a severe blow at the back of the head with a bottle which knocked him down. The injuries he received were a cut on the back of the right ear and a bruise on the forehead. Whilst he was on the ground the prisoner got on top of him.
Mr Andrews (for the defence) here interposed, and said that it was his intention to ask for a remand. He had only just heard about the bottle being concerned in the matter, and he could bring witnesses to prove otherwise. He mentioned this in fairness to Superintendent Hickes.
Superintendent Hickes said that he should let his case be heard then as some of the witnesses had taken a great deal of inducing to come.
Whilst they were on the ground together, continue the winners, the prisoner struck him a severe blow with his face. He eventually managed to get on top of him, but another man name Stokes came to his help, and the prisoner was able to get away. Soon after this, the witness went to the prisoner’s house and stayed there until two the next morning. The prisoner did not return, however. Witness afterwards paid a visit to the doctor. On Monday the prisoner was apprehended at the Collingwood Hotel, and when charged with the assault he replied, “No, I think not.” He could not say whether the bottle contained any liquid.
Mr Andrews: Some time ago you brought the prisoner here on a charge of being drunk?
No, I was a witness against him.
The principal witness? – The only witness.
Didn’t you attempt to trip the man and he in falling had to push you over? – No, I never tried to trip him.
All he did was to push, wasn’t it? – He did not push me.
Sarah Stanton, 102, Furlong Lane, Bolton on Dearne, said that at 11.0 5 p.m. on Saturday she saw the prisoner going towards Goldthorpe. He was talking to himself and appeared to be in drink. She saw him go behind Lundy and hold the bottle in his hand. She afterwards heard the bottle break. She did not see any struggle. She was talking business with someone.
Mr Andrews: Who was a man you were talking to? – Witness: I don’t know him.
What, talking business with a man you didn’t know? – Yes, there are lots of people I don’t know.
Mr Andrews asked the magistrates to make a note of that.
The Chairman demurred. He did not think it sufficiently important.
Mr Andrews explained that it was a test as to the veracity of the witness.
Continuing, she said she did not see what the man did when he passed the constable. They passed about five or 6 yards from where she was. At the time prisoner was carrying a bottle in his right hand. She did not see Lundy fall, neither did she see the struggle. She then walked away towards Goldthorpe, but did not see any scuffle. She had been talking to the stranger two or three minutes before the occurrence.
May Fennell (13), said that she was in service with Mr. Newhill greengrocer, at Furlong Lane. She saw the prisoner, whom she knew, about 11-05 going towards Goldthorpe. She heard the prisoner ask the police officer if he had done anything wrong. She saw the prisoner take out of his pocket a bottle and walk up towards the police officer on his tiptoes. Against Dawson’s shop he got up to him with the bottle. He hit him once with the bottle which broke. The two struggled for two or three minutes on the floor. A man name Stokes came and helped the prisoner, who got away and went towards Bolton.
Mr Andrews asked for the case to be adjourned for bail to be granted. There was no suggestion that the man wanted to abscond. The evidence in the case of the most extraordinary character.
The Chairman: He will be remanded in custody until tomorrow.
Wednesday’s Proceedings
The first witness called on Wednesday morning was Thomas George Dawson, a cycle agent who keeps a lock-up shop in Furlong Lane and lives at 15, Angel Street. He was in his shop at 11:05 o’clock when he heard the sound of breaking glass outside the door on the footpath. When he went out he saw the policeman and the prisoner struggling on the ground. The prisoner was having the best of it. The policeman’s helmet was off and his cape was on the ground. Blood was running down the right-hand side of his head. The prisoner eventually got away and ran in the direction of the Collingwood Hotel. The constable appeared to be in a dazed condition.
Cross-examined by Mr Andrews, he said the constable was struck several times while on the ground. He admitted he did not go to the assistance of the constable, largely because public opinion was against the constable. It was so in the village. No one went to help the policeman although everyone ought to have gone if they had done their duty. He did not volunteer to give evidence largely because of public opinion.
Mr Andrews, for the defence, commented upon the action of the prosecution in not calling the man Stokes. He would have imagined in a case of that kind, where bail was not given to the prisoner to help him in his defence at any rate the onus would have been on the prosecution to call that man who was more than an eyewitness, a participator in the affair. The witness, Dawson, told them the men ought to have gone to the assistance of the policeman, but he refused to give the name of the persons who were there. He asked the Bench not to believe such a story, it was most absurd and improbable, apart altogether from being an impossibility. That a man who was under the influence of drink could stalk a man for 40 yards and hit him on the head with a bottle was one of the most amazing stories of fact ever presented to that or any other court.
The prisoner was sworn, and he denied striking the policeman with a bottle. He lives at 294, Furlong Lane and he told the magistrates he had been in the Collingwood Hotel from six o’clock to 11 o’clock.
Miss Andrews: In fact you had had a hard day?
The prisoner: Yes, I had had middling of beer. Proceeding, he said as he was walking in the direction of his home the policeman bumped into him and upset him. He also tried to trip him up. They both fell to the ground, and he recovered as well as he could and ran away. He had nothing with him when he left the Collingwood, no stick, bottle or money. He denied ever striking the constable.
Cross-examined by Superintendent Hickes, he said he could not say how much beer he had during the evening. “When you are supping with four or five out of long pints you cannot tell,” he added, “Perhaps I had four or 5 pints.” He shook hands with the landlord’s son when he left.
Superintendent Hickes: Why did you do that?
Prisoner: Well, it is a rule when you’re a bit fresh. I do it. (Laughter). Proceeding, he said after the runaway you went into another house, and some more beer. He did not get home until 4 o’clock in the morning.
Henry E Cunningham, a miner, of 30 Lady Croft, said he was employed on Saturdays as a waiter at the Collingwood Hotel. When James left shortly before 11 o’clock he had no bottle in his possession. He was not quarrelsome or excited, “he was the same as usual, he had had a drop of booze like all colliers do in South Yorkshire on Saturday.” (Laughter).
Reply to Superintendent Hickes, he denied that the man was turned out of the public house.
The Chairman said there was no doubt an assault had been committed, and they could not go beyond the evidence of the independent witnesses who had given evidence. The only question was the punishment for the offence. To strike a policeman with a bottle on the head from behind was a serious offence and one which could not be met by a fine. The prisoner would have to go to prison for a month.
The prisoner, as he was leaving the dock, explained, “If it had been a fine I should not have paid it,” and as he was being conducted to the cells he made a cheery “so long” to his wife. “I shall not be long” he added.