Mexborough & Swinton Times – Friday 05 February 1892

Breaking a Man’s Jaw at Mexborough

Martin Coyne, jun., miner, Denaby, was charged with having assaulted Richard Smeaton, miner, Mexborough.

Mr. Baddiley appeared for the defendant

Levi Mountford said he saw the defendant strike the complainant, it was a blow from the shoulder and appeared to strike the man in the face. The complainant fell and afterwards got up and walked away. The assault was committed near Mr Lowe’s inn.

Cross-examined: I have known Smeaton a good many years. I do not know that he was injured at Swinton statutes two years ago. I have not heard that he fell down some steps and was under the doctor for five weeks. I should have known, I think, if it had been so. I don’t know how the bother commenced. I do not hear the conversation about a young soldier.

James Bourne deposed to seeing the defendant put his fist in the face of the injured man and then strike him and knock him down. When Smeaton got up he walked straight away. The defendant had been doing all he could to get his brother away.

Witness did not hear anything said about “kicking anybody’s liver out.”

Mrs Smeaton, wife of the injured man, deposed that he was suffering from a broken jaw. The doctor was attending to him and he was unable to appear.

Cross-examined: He’s been attended by the club doctor. I have been married to him about three years. He did have a fall at Swinton once, but he was only off duty for one day from it, I was not under the doctor. He never had his jaw bandaged before, he only got a shaking by the fall. It was at the Station Inn where he fell.

Mr. Baddiley said he admitted all the evidence. On the night in question the defendant and a younger brother, who was a soldier, had some words with another man. A blow was struck by the defendant, and it was an unfortunate blow, inasmuch as it broke jaw. But that was quite accidental, and was a result that would not happen perhaps once in a hundred times. His client regretted what had happened, and had been to the complainant and tried to settle matters. He had offered to pay reasonable compensation for the time the man had been laid up, but the party will not accept anything.

The magistrates clerk: thee question will be as to the amount of compensation.

Mr Baddiley: he is getting 21 shillings a week out of his club and has no doctor to pay.

The Chairman said it had no doubt been a serious assault, if a complainant wanted compensation, he should take the matter to another court.

A fine of 40 shillings including costs was inflicted.