Mexborough & Swinton Times – Friday 21 November 1890

Serious Assault on Witness at Newhill

Prisoner Sent to Gaol

A miner named Arthur Carr, of Newhill, was charged with having assaulted Attila Oxley, wife of Alfred Hobson, also of Newhill on November 3.

Mr Hickmott prosecuted, Mr WM Gichard defended.

Mr Hickmott said he appeared to prosecute. The case was a bad one. His instructions were that the prisoner committed a most brutal assault on the complainant, she having given evidence against his brother in a case heard a fortnight ago.

Prisoner’s brother was charged with having obscene language and the bench inflicted a substantial penalty, viz., 40s. and costs, that being the fourth time he had been before the court on that charge this year. As the prisoner’s brother was unable to pay–or refused to pay—he was sent to gaol for a month.

When Mrs. Oxley returned Newhill she had occasion to go to the house of Mrs. Pilley, about half-past seven o’clock in the evening. She saw the prisoner, his father and some other persons. Prisoner, seeing her said, ” Fetch your husband,’ at the same time making use of a threat towards him.

She took no notice of the prisoner, and she was afraid to go back knowing that these men were about. She was afterwards met by the prisoner, who struck her with his fist, knocked her down, and kicked her a good many times. He also used language of a most fearful description, which was not to be repeated. The complainant herself was ashamed to repeat the language to him (Mr. Hickinott). Prisoner threatened the complainant, and she cried for assistance, whereupon her husband came running up. He was seized by some of the prisoner’s companions, one of whom called out ” let him hare it” (meaning the husband). Prisoner replied, “Leave him alone now. When we give it him somebody shall find him and nobody shall know who did it.” Complainant was unable to leave her burl fur several days. She vomitted blood for some time after the assault. If the bench came to the conclusion that the evidence of the witnesses was true he (Mr. Hickmott) should ask them to make an example of the prisoner. The case was not one in which a fine should he indicted, but one which called for imprisonment. Evidence was then called.

Atilla Oxley gave evidence in corroboration of Mr. Hickinott’s opening statement. Prisoner struck her and used threats to her, and on her husband coining up in response to her cries for help, prisoner only threatened him. She had been attended by Dr. Burman, of Wath, and had been in bed four days.

Kezia linmsion and Kate Pilley also gave evidence.

Mr. W. M. Gichard pleaded guilty to the assault on behalf of his client, but contended that the case for the prosecution had not been corroborated in any particular by the vision. Two witnesses whom he (Mr. Gichard) would call would swear that when Mrs. Oxley passed the prisoner she made use of expression, “I have got your brother right and I will send thee.” A further witness would state that Mrs. Oxlev was never kicked. Regarding the language which was alleged to have been said. Mr. Diehard said the complainant did not seem to be a woman who would be ashamed to repeat any language. He thought there had been an attempt to make out a case far more serious than what actually did happen.

He (Mr. Gichard) asked the bench not to regard the assault as one on a witness.

Evidence on behalf of the prisoner was given by Alf Uttley, John Henry Meakin, and Truelove Uttley.

The bench looked upon the assault as a serious one on a witness, and prisoner would he sent to gaol for a month with hard labour