Mexborough & Swinton Times – Friday 06 February 1891

A Joke and its Results at Swinton

Charles Cooke, of Swinton, was charged with having stolen a silk handkerchief, value 4s. 6d.. from Albert Hague, ginney man, residing at 109, Wath road, Swinton.

Prosecutor said he was in Bridge-street, Swinton, on Sunday night last, when prisoner came up, struck him in the teeth, and tore his scarf from his neck.

ln answer to Mr. Hickmott, who defended, prosecutor said he had known prisoner all his life, and had lived near him. He admitted that he and companions were going along the road singing, though he could not remember that they were singing “Wait till the clouds roll by.” It was true that prisoner and his companion joked the men on their singing.

Mr Hickmott: And then there was horseplay ?

Prosecutor: If you call knocking teeth down throats horseplay, there was some. (Laughter)

Prosecutor persisted that the prisoner must have meant to steal the handkerchief or he would have returned it when he asked for it.

Mr Hickmott said the whole affair was a mere joke.

The magistrates clerk said en information for assault was laid this morning, and the evidence was taken in connection with the charge of felony.

Butler Sharp, glassblower, of Mexborough, gave evidence behalf the prosecution.

P c. Danby proved apprehending the prisoner in the Robin Hold beerhouse at Swinton. Hs had the handkerchief in his possession. When charged with the theft, he said quote It’s right, I know I have done wrong.”

Cross-examined: he had known prisoner for some time. So far as he knew he was a respectable young man.

Mr. Hickmott, for the defence, said that the parties got from jokes to blows, and there was no intention to commit theft. The handkerchief prisoner intended to return, only as prosecutor lived some distance away, his companion urged him not to trouble about it that night, but return it next day. He asked the bench not to record a conviction for theft against the prisoner, who was a respectable young man. So far as the assault was concerned, it was the result of joking. Prisoner had had some drink, but there was no bad blood between the parties.

The magistrates discharged prisoner on the charge of theft, and fined him 10s, including costs for the assault.