Mexborough & Swinton Times – Friday 07 January 1881

Alleged Highway Obstruction by a Mexborough Tradesman

Thomas Chambers, greengrocer, of Mexboro’, was charged with committing an offence under the Highway Act.

Mr. Hall appeared for the defendant.

P.c. Marshall deposed that on Friday, the 24th ult., at about 3.30 p.m., he was on duty in High-street, Mexboro’, and there saw a horse and dray going along the street with no one in charge of it. He saw the animal run into another man’s horse, and the driver of it was compelled to pull the reins.

The defendant was at this time running down the street, about 50 yards away. He saw the animal go about 30 yards. The defendant then took it away.

It being market day there were many people about, and there were several horses and carts in the street, which made it dangerous. He spoke to Mr. Benjamin Chambers about it, and he insulted him.

By Mr. Hall: I have been to a man named Murfin. I thought his was the horse which was run into. I would not swear positively that that was the man. I went to see if he had got his summons. I was seventy or eighty yards away when I saw the horse start off. It went about fifty yards from the shop.

Mr. Hall said he would call witnesses who would swear that the whole of the statement made by the officer was untrue.

The facts were these: The cart had been standing in front of the shop for some time, but no longer than was necessary, and when it was laden the young man took off the rug and, turning round to his mother, said he had better take some change with him. The next moment the horse, thinking when the rug was taken off that it was time to be going, turned round and began to walk down the street.

But before it had got five yards, or at the outside seven yards, the young man was at the horse’s head.

Jas. Murfin, carter, of Swinton, said on the day named he was passing through Mexboro’ with his horse and cart. Just before he got to Mr. Chambers’s shop the horse standing there turned round in the direction of his horse. It did not go more than seven yards from the shop door.

Mr. H. Tyas, auctioneer, of Mexboro’, said he was talking to Mr. Benj. Chambers on his doorstep, on the day named. He corroborated the statement made by Mr. Hall.

Lord Auckland said the bench were unanimously of opinion that this case never ought to have been brought before them. It would be dismissed.

There could be no doubt, after what the witnesses had stated, that there was no foundation for the charge, and if every man was liable to criminal prosecution, life would be intolerable. The horse must have moved by mere accident, and there could have been no danger or annoyance to anyone.

The case would therefore be dismissed, and the policeman would have to pay 10s., the costs of the two witnesses.