Mexborough & Swinton Times – Friday 26 September 1902

Brutal Assault on a Mexborough builder

Lenient Penalty

The attack that was made by a labourer on Mr James Holly Smith, son of Mr G.a stop Smith, builder and contractor, Mexborough, a few weeks ago, was investigated, at the Rotherham West, Riding Police Court on Monday. The accused was James Tate, described as of Rawmarsh. He pleaded not guilty to the charge of common assault.

Mr W.M.Gichard, who appeared for the prosecution, said the complainant was the son of a builder, who at the time of the assault was building some additions to the Queens Hotel, Ryecroft, Rawmarsh.

The defendant had for some time been engaged upon the work. On August 25th he was dismissed on account of his intemperate habits, by the complainant, who had charge of the operations on behalf his father. On the following day the defendant went up to the complainant as he was stood in the street near the Queen Hotel, talking to Mr. I’Anson, the landlord. The defendant asked the complainant if be going to stand him a drink. The complainant said he was not. The defendant then said he would stand him one but the complainant said he did not want one. The defendant then said “I will be locked up for you.” He had a hammer in his hand, with a head about a pound and a half in weight. He struck the complainant a violent blow on the lower part of the cheat, the result of which was the complainant became visit. He put up his left hand to his head, and then the defendant struck at complainant’s head with a piece of iron, such as was used to fasten underneath a boot when digging. The iron was attached a string, and the defendant had the end of the string in his hand. The iron cut the knuckle of the complainant’s hand, and also cut his cap.

Had the injuries resulted differently a more serious charge would have been brought against tie defendant. The case was one where severe punishment should be meted out. The defendant was a man of very intemperate habits, and he had to be dismissed from his work. Not content with having made a beast of himself, be afterwards acted as a savage towards a man who had been only doing his duty in having discharged him. The complainant was unable to attend to his work for a week, and it was a matter of three or four hours before he could be removed.

James Horace Smith gave evidence bearing out the opening statement, and produced the cap which was cut by the piece of iron. He said that after the blow with the iron he had to be assisted into the house. A doctor was sent for, and attended to him. He remained there until three or four o’clock in the afternoon. He was taken home to Mexborough in a trap. At times be could still feel the effects of the blows.

The defendant, when asked if he had any questions to ask, said: “It was done in a hasty, drunken temper and I am sorry it was so.”

No further evidence was called, and the defendant was fined 40s. and the costs, or in default ordered to undergo one month’s imprisonment.