Mexborough and Swinton Times December 20, 1919
The Mexborough “Shooting ” Case.
Accused Sent to Assizes on Reduced Charge.
Solicitor and Bench.
The Non-Committal Attitude of the Police.
George Robert Smith, a railway platelayer, of Swinton road, Mexborough, was charged on remand before the Doncaster (West Riding) Magistrates, on Friday, with attempting to murder his daughter, Estella Georgina Smith, aged 7, by shooting at her, on Dec. 3.
Mr. W. E. Carlile prosecuted, and Mr. W. Lindsay Crawford defended.
Prisoner pleaded “not guilty.”
Mr Carlile said the prisoner was married 15 years ago and there had been three children, the only one surviving being the little girl mentioned in the charge. It was alleged that the prisoner had never taken to her since the two boys bad died.
It seemed to have hurt him that the two boys had been taken and the one girl left. At the time they were married the wife kept a small shop in Swinton road. The prisoner had never in any way helped to furnish the home and latterly had hardly contributed anything towards the upkeep of the home.
About nine years ago, he attempted to shoot his wife.
Mr. Crawford objected to this statement.
Mr. Carlile said on November 29th he went out and did not return until December 3rd. He came in at 6.45 in the morning. He went to bed and stayed there until afternoon, going out again and not return until 10:15 pm. The child was then asleep in a chair. He made use of bad language and said “Yes, you are opening your bonny eyes but it will be the last. You will never open them again.”
He then went towards the stairs and the child said to him “I am coming daddy.” The prisoner made use of filthy language towards his wife, and threatened to kill both of them. He threatened to strangle the child at first, and when he got to the doorway leading to the stairs he turned round and fired at her with a six chambered revolver. The wife took the child away, and rushed to the door. As she ran away the wife heard two more shots fired. She went next door to neighbours and asked if she might leave the child there while she went for the police. She met two policemen on the way to the police station, and asked them to come back with her, telling them that her husband had attempted to murder the child. She asked them to arrest him. They went back to the house with her, and the man was then upstairs. The woman and child remained in the house all night, and during the night the prisoner came downstairs several times. On each occasion the woman took the child into the cellar.
The wife, Mrs, Smith, gave evidence bearing out this statement. They lived at 22 Swinton Road, Mexboro, but had never lived happily together. When he came home on the 3rd December she said he might have had some drink, but he was not drunk. He was going upstairs, and the child was about to follow him when he turned round and fired at her. She heard the bullet strike the ash pan.
The wife, continuing her statement, said that when the police came back with her the prisoner was lying upstairs on the top of the stairs. They could see his feet on the top of the stairs.
Mr. Carlile: did the police search the room ?—No.
Was anything done at all?—No. There was a remark made on the staircase. One policeman looked up the staircase and made a remark. She saw her husband’s feet. The police promised to call again and they did so at about 12 and about 2.
She and the child spent part of the night in the chair in the kitchen and when they heard prisoner come down, he came down two or three times.—they hid behind some flour bags. He did not come down until after the police had been the second time. The door at the bottom of the stairs was open. They hid behind the bags and drew the curtain in front of them. She heard him talking to himself when he came downstairs. At half-past five she and the child went into the cellar and did not come up until after eight o’clock. She made the fire and looked round and found four cartridges, three alive on the mat at the bottom of the staircase, one bullet in the fireplace, and another one upstairs. She knew prisoner possessed a revolver, but the one produced was not the one she saw ten years ago. She had not seen this one before.
Mr. Carlile: Did he attempt to shoot you ten years ago?—Well, the revolver went off.
Proceeding, she said the revolver she thought he had she saw three years ago. On December 3rd he came straight into the house and did not go upstairs before she heard the shots. Her husband came down the stairs about tea-time, had his tea in the kitchen and went back again. , He never spoke. He went to work on the Friday and Saturday. He slept at home on the Friday, but was away on the Saturday, returning on Sunday.
Replying to Mr. Yarborough, she said she never showed the bullets to anybody until she went to see Mr. Carlile on the Monday.
By Mr. Carlile: When he came back on the Sunday night he told her that when he got in again they would get worse, than they did on the Wednesday night. She waited up until 4 o’clock on the Sunday morning, and she did not hear him trying to get in.
Replying to Mr. W. Lindsay Crawford, she said he was not drunk on this night, and knew perfectly well what he was doing. He did not go straight upstairs when he came in. She afterwards heard two lamps which were on the dressing table fall on to the floor but she was not going upstairs with the child at the time. After the shooting she went into the street and asked a policeman to her come down to the shop. She told him her husband had tried to shoot the child. She also told him that several shots had been fired.
Mr. Crawford: I put it to you that what you told the police was that your husband had threatened you and your child.—I told them he had shot.
The police, when they went into the house, and finding everything was quiet, said they would come in again, and did so. They did not trouble to see your husband?—No.
Proceeding, she said she fetched her child back before 12 o’clock, though she was afraid of her husband. On the Thursday night she and her little girl slept in the sitting-room. On the Friday night the little girl slept with him, while she, witness, slept in the kitchen.
Mr. Crawford: Can you give me any reason why he should want to shoot your little girl? —Well, he probably thought he would get her out of the way and then me.
Is it not a fact that he is very fond of this little girl, and she of him ?—No.
I put it to you that if any shots were fired that night they were blanks.—No.
Replying to Mr. Yarborough, she said the police told her to calm herself as it would be a toy pistol. She wanted them to arrest him, but they said they could not do it unless they heard the pistol-shot or heard something.
The little girl was called but not sworn. She said she attended the Mexborough secondary school
Nothing could be made of the evidence further she commenced to cry and said she did not remember what happened.
Mrs. Sarah Ann Parish, a neighbour, said she heard a bang and just afterwards Mrs Smith pushed the child into her house and went off to seek the police.
Evidence was also given by Mrs. Emma Turner and Mrs. Elizabeth Kennedy.
Police-constable Paxton spoke to meeting Mrs. Smith in the street, who complained that her husband had threatened to shoot the lot of them. He went to the house. The prisoner was asleep and everything was quiet, He did not think there was anything in the story. He had no curiosity to go upstairs.
When later the prisoner was charged, he replied, ”How could I shoot at the child when I have no instrument to shoot with? When I went upstairs I bumped into the dresser and knocked two lamps on the floor. I believe they both broke.”
P.c. Isnard who was with the last witness, said the woman told them that the prisoner had threatened to shoot them both before morning. She said she had taken the little girl next door. She also said her husband was upstairs. She said she was frightened to leave the little girl in the house while she went to fetch the police. Mrs. Smith was in a terrified condition. Witness heard a noise upstairs as of a man snoring.
Mr. Carlile: In spite of her condition, her terrified condition, and hearing groans upstairs, and the fact that she had told you that the prisoner had threatened them, you did not think it necessary to go upstairs.
No; Mrs. Smith had been upstairs while I was in the house, with a flashlight, and said he was asleep.
Mr. Yarborough: Why didn’t you go up with her, either of you?—Well, the man appeared quiet.
But you had been told that the man had threatened to shoot them and you say she was in a terrified condition?
She said she had been accustomed to this kind of business, and I did not think it necessary. I looked up the stairs.
Mr. Carlile: But that was not much use, was it?
The witness said Mrs. Smith picked up the flashlight off the table and she would be gone about five minutes. She walked up on her tiptoes.
Mr. Yarborough: Have you ever said this before?
No, sir. I did not know I was in the case until to-day.
Mr. Yarborough; Do you mean to say that you two policemen were in the house at the request of the woman who complained that her husband had threatened to shoot them, and that neither of you went upstairs to see ?
I asked her if she had seen any instrument with which he would be likely to shoot her, and she said she had not.
When you are talking to Mrs Smith was Paxton near enough to have heard what was said? – No, sir, she was sobbing and crying; she was inclined to faint.
Paxton said, he had seen the man was fast asleep, it was no use making any trouble. It would be all right. Proceeding, witness said he called twice during the night each time saw the prosecutor sitting in front of the fire in the kitchen, with a child on her knee dosing. Everything was quiet.
PC Paxton recalled was closely questioned by Mr Yarborough as to what happened in the house. He admitted that after he had looked up the stairs the other officer also looked up but neither of them went up to see the prisoner. Mrs Smith picked up a flashlight and went in the direction of the stairs.
Mr Yarborough – You must be careful what you are saying. Do you say you do not know whether she went upstairs or not? – I don’t, no sir.
But you must know, you were there – I don’t sir. I saw her take up the flashlight from the table and go towards the door but I don’t know where she went. I was standing near the fireplace. She might have gone upstairs or have gone to the bottom of the stairs or have stood on the stairs. If she had gone up I might not have heard her.
Mr Yarborough – I hope you are careful in what you are saying.—I am sir.
Sergt. William Dobson said about 6.30 p.m. on the previous Monday night Mrs. Smith brought the warrant to him and he took her statement and received the cartridges produced, four live and one bullet, from her. He went to the house at 8-30 and searched the premises. He did not find any marks. In the bedroom he found a lamp on the floor. At 12 midnight he cautioned and charged prisoner at the police station, and he replied, “How could I shoot at the child when I had no instrument to shoot her. When I got upstairs I bumped the dresser and knocked off two lamps on to the floor. I believe they both broke.” Later he made a further search at the house in the front bedroom, where he found the box of cartridges (produced) and a six-chambered revolver, which contained six discharged cartridges.
The hearing was adjourned until Monday, prisoner being refused bail.
The Child’s Story.
The first witness on Monday, when the hearing was resumed, was the little girl, who said that on December 3rd she went to sleep in the kitchen. Her father was not there at the time, but when she woke up he was there. He went towards the stairs and made no noise. As she went towards the stairs she heard a bang. She could not see him. He was up the stairs. Her mother picked her up and took her out.
Police Evidence Contradicted.
Replying to Mr. Yarborough, Mrs. Smith said the police were in the house about twenty minutes.
While they were there did you go upstairs? —No, sir.
Had you a flash-lamp on the table?–I have not one at all.
And is it quite untrue that you picked up a flash-lamp and went towards the staircase with it?—I have no flash-lamp, and I did not go upstairs. There was no flash-lamp on the table. I did not go upstairs that night to see my husband.
P.c. Paxton, recalled, replying to Mr. Yarborough, said he looked up the stairs after the woman had done so. Everything was quiet. He and the other constable stayed a quarter of an hour to see if anything happened. It was raining outside but that was not the reason why they stayed. During the time they were in the house the woman told them she wanted her husband locking up, but at first she did not say what for. Afterwards she told him he had threatened to shoot the lot of them. He had seen the flash lamp on the table, and he saw the woman pick it up and go upstairs. He could not say where she went, but she was turning it on and off.
On Friday you told me that you did not see her turn it on. What have you to say about that?
PC Paxton: Nothing, sir.
Mr. Crawford submitted that there was no evidence on which to commit the prisoner for trial.
Charge Reduced.
The Bench reduced the charge to one of attempting to inflict grievous bodily harm.
The defendant pleaded not guilty and elected to give evidence.
Mr. Crawford said the only evidence was that of the wife, who did not see him fire the revolver and see the effect of it.
As to the motive, there was no evidence about that as stated by the solicitor for the prosecution, the prisoner had “taken against” the little girl. As a matter of fact, it was admitted that two nights afterwards the girl slept with him, while soon after she sat on his knee making paper flowers. He did not believe, any mother, ‘having the slightest regard for her child, would leave it in the house with a man who had threatened to shoot her. An attempt had been made by the Bench to discredit the evidence of the police.
Mr. Yarborough: Certainly not. I have no desire to discredit it. My sole object was to get to the bottom of the case. The evidence of the police conflicted with that given by the woman. I should never attempt to discredit the evidence of the police in any case.
Mr. Crawford said the defence would be a simple denial of any shooting, and an expert gunsmith would be called. When the revolver was secured by the police it was marked to show exactly the position in which the cylinder was found. The expert would tell them that in his opinion it had been fired recently, and that the last cartridges fired were blanks. This
The accused, on oath said that when he went in his wife was standing ‘in front of the fire and the child was asleep in a chair. He did not speak, but, went straight upstairs. When he got to the top he caught his foot on the top step, bumped up against the dresser, and falling on the floor, knocking over the two lamps which were on the dresser. He had some drink, he was “half and half,” but he was not drunk. He fell asleep where he fell. He believed his wife came upstairs once with a candle. He could not say whether she came up again or not. The revolver produced belonged to him, and he had had it seven or eight years. He did not fire it on the night of December 3rd, the last time it was fired was on September 8, when a man took it out of his pocket at football practice.
Continuing, he said, when he woke up he got into bed, and when he came downstairs the next afternoon, his wife and child and her aunt were there. Nothing was said about the night before. The child came and sat on his knee, and said she would make some paper flowers. The child slept with him that night. On Friday morning he went to work, and his wife never mentioned anything about the alleged shooting. He came home at Saturday afternoon and went in the cellar with the child and emptied a barrel of grapes, the child helping to carry them upstairs.
He went out in the evening, and returned shortly after eleven, but I did not get in, the door being locked. He could make no one hear. He returned on Sunday evening and asked his wife about the door having been locked, hut she asked him what that had to do with him. He did not go to work on the Monday. Until the nature of the warrant was made plain to him he had no idea that there any allegation of shooting. In addition to ammunition produced he kept some on a plate on the dressing table, where he also kept his ties and collars. He had an electric flash lamp, a little bright one, the one produced belonged to him. He did not make use of the remark that the child would never open her eyes again. It was soon after the child said, “I am coming, daddy,’ he knocked over the lamps. It was not true that he came downstairs during the early morning after the alleged shooting. His wife did not state that he had been locked out because the child had let the latch down.
Replying to Mr. Carlile he said he had been to the club on this night. He denied threatening his wife.
By Mr Yarborough: The ammunition on the plate consisted of two or three discharge cartridges and some bullets that had been pulled out. Last time he fired a revolver in the second Monday in September. He did not know whether they were blank or live.
When Mr Yarborough was closely questioning the prisoner regarding the date previous to September, when the revolver was fired, Mr Crawford objected that what happened five years ago and nothing whatever to do with this case, and it was simply an attempt to upset the witness.
Mr Yarborough: it is his own answer, and you are going to call an expert gunsmith.
Ernest Wilfred Preston, Lowther Road Doncaster, gunsmith, said that on Wednesday, December 10, he examined the revolver produced and found six empty cartridge shells, four ball and two blank. As near as he could tell the two fired last were blank cartridges. The blanks had been fired on one date and the ball cartridges earlier. The former appeared to have been fired during the last fortnight or three weeks. The noise of the revolver shop would not be similar to the banging of a door.
Sent to Assizes
The Bench said they considered, in view of the contradictory evidence, the case was one that must go to the Assizes
Mr Crawford appealed for bail, said his client was prepared to be bound over.
Bail was granted prisoner, himself in £50 and two sureties of £25 or one of £50.
Mr Crawford said he wished to protest now that the case was at end against a remark from one of the magistrates on Friday when a note was handed to him. It was asking, “Is that another communication from the police?” As a matter of fact it was a note, handed to him from a clerk in his own office, asking to see a client at a certain time. He made this statement publicly because they seem to be to have been an impression that he was conducting his defence in collusion with the police, which was a serious thing to suggest. There was no collaboration.