9 November 1901
Trial at Chester Assizes - Buildings to be Removed
Four men concerned in a case from Dukinfield
were charged with an offence which he (the Judge)
was glad to say was an unusual offence, but none
the less, if brought home to them, a serious one.
It appeared that having obtained a conveyance
of a piece of land which had been used, and not
very recently disused, for the burial of persons
of the Roman Catholic faith, they proceeded to
build upon the land.
Their intention was, as he understood,
to erect offices, and in the process of digging
for foundations and cutting drains they came across
a great number of coffins and dead bodies, which
they treated in an unseemly manner. The coffins
were broke open with pickaxes or sawn asunder,
and the bones were scattered. Some of the bones
were strewn about the trenches on the ground and
others, it was said, were removed. The gravestones
were also treated in an unseemly manner, but he
did not know that this was an offence.
I was said that the prisoners submitted
their plans to the Local Board, and that the sanitary
inspector had found that no injury to health had
been caused by what they did. Neither of these
facts disposed of the offence, though they might
be urged in mitigation of it. It was a high offence.
It was necessary that the bodies of people who
died should be decently and respectfully interred
and when once they had been interred, it was a
high offence to take them up and break open their
coffins and remove them.
The offence was the greater when,
as was said in this case, the deceased people
had living relatives who were residing in the
vicinity. The sanction which was given by the
Local Board was, he supposed, a sanction merely
to build a place, and no doubt the Building Committee
who granted it believed that in so doing they
had kept within their own functions. This fact
might have misled the defendants to some extent,
and led them to suppose that they were lawfully
doing what they did. That was a matter for consideration
On Wednesday the trial commenced
before Mr Justice PHILLIMORE. The prisoners were
Messrs Edwin KENYON, George Henry KENYON, and
Wm KENYON, ropemakers, and Joseph TAYLOR, builder,
all of Dukinfield, surrendered to their trial
on indictment, charging them with unlawfully and
indecently causing and procuring to be dug open
certain graves at the disused Roman Catholic burial
ground in Astley-street, Dukinfield, and causing
bodies to be taken out of their graves.
They were further indicted for having
unlawfully erected buildings on the disused burial
ground, the said buildings not being for the purpose
of enlarging a church, chapel, meeting-house,
or other place of worship. There was a large attendance
of people from the district to hear the trial,
and great interest was manifested.
Mr SUTTON argued in mitigation that the defendants
had been misled and had committed the offence
in ignorance of the law. When the land was granted
to defendants in 1892 it was believed on all sides
that they would have the right to build upon the
land. His Lordship said in all probability if
defendants had only built on the land that indictment
would not have been brought against defendants.
The really serious matter was the treatment of
Mr SUTTON said the defendants thought
they had a right to build on the burial ground,
and they had been careful to disturb the remains
of the dead as little as possible, TAYLOR and
Edward KENYON having in fact, both given orders
that they were to treat the dead with every respect.
His Lordship said that it looked like a case where
an order was issued and was not intended to be
obeyed, and like a case where orders were given
in order that it might be said that they were
Mr SUTTON explained that, with very
few exceptions, all the bones were reinterred
in the precincts of the burial ground. The only
instance in which bones were found to have been
removed was with regard to two bones found upon
the tip to which the soil from the burial ground
was taken. They were put on one side by the workmen,
but eventually one of them, a jawbone, was sold
or given to a publican and exposed in a public
house. Defendants were not, however, responsible
for that, and were grieved it had been done.
Mr Francis WILLIAMS remarked that
he did not call it reinterring them to chuck them
in with a spade.
Mr SUTTON explained that the KENYONs
desired him to point out that TAYLOR was only
a servant. He submitted that the KENYONs were
not men of large means, and they had already spent
£750 in connection with the building now on the
burial ground, and that this money was lost, as
the building must be pulled down.
His Lordship, in passing sentence, said it
was most desirable that if people in the position
at least of some of them should be so ignorant
of the law and so ignorant of good feeling as
to do such acts as those to which they had pleaded
guilty, the sentence he was about to pass on them
should become as notorious throughout the country
It was now as long ago as 1880 that
the late Chief Justice COCKBURN was shocked, he
said very greatly shocked, by a much smaller offence
committed by a man named JACOBSON. Punishment
was awarded in that case, and the memory of it
had apparently disappeared. Only last Assizes
at Birmingham he had a case before him in which
a woman had violated her duty to the dead by keeping
a number of coffins in an indecent and unworthy
state a nuisance, and an offence to good
feeling as well. He hoped that after this case
they would hear no more of such shocking and revolting
acts done to the dead.
The three KENYONs would be very
largely punished by having all their labour in
vain, and by being obliged to take down the building
and to restore the ground to a smooth and level
state. As regards the brothers George henry and
William KENYON, he thought it would be enough
if they entered into recognisances, each in the
sum of £500, to see that that was done in the
space of six months. Edwin KENYON would have would
have to enter into the same recognisances, but
he could not in his case pass the matter over
in that way. He sentenced him to two months' imprisonment
as a first class misdemeanant. With regard to
Joseph TAYLOR, he must believe that the grosser
indignities were all done with his knowledge.
He sentenced him to one months' imprisonment as
a first class misdemeanant.
After the result of the trial became
known, a hastily called meeting of leading gentlemen
of the borough was held in the evening in the
boardroom of the Co-operative Hall to consider
the desirability of petitioning the Home Secretary
with a view to the mitigation of the sentence
upon Edwin KENYON and Joseph TAYLOR. The meeting
was unanimous in the expression of sympathy and
support to the proposal and eventually it was
decided to form an influential committee to carry
out the object.
STEALING COAL FROM ASHTON
A married woman named Mary Ellen TURNER was
before the Ashton County Justices on Wednesday,
on a charge of larceny. Constable SHOESMITH
stated that on Thursday last, at 4.15 pm, he saw
the prisoner taking coal from the tip belonging
to the Ashton Moss Colliery in Slade-lane, Audenshaw.
On seeing witness, she ran away, and dropped the
coal. Witness overtook her and brought her back
to the coal, which he weighed, and found it to be
28lbs weight, and was valued at 3d. Defendant
admitted the offence._ The Magistrates' Clerk (Mr
C H BOOTH) pointed out that there had been several
prosecutions for this practice, and warning notices
had been put up. Defendant was fined 10s,
or seven days' imprisonment.
SAND SLIP AT DUKINFIELD
Narrow Escape of Two Men
On Thursday afternoon considerable excitement
was created in the east end of the borough by a
report that two men had been suffocated at Mr HARGREAVES's
sand pit in Sandy Vale. There was an accident there,
but fortunately it did not turn out as bad as was
reported, although one man had a narrow escape of
death. Upon enquiry, we have ascertained that two
men named Harry LORD, married, residing in Ogden's
Square, and Albert TAYLOR, single, of 11 Nineteen
Row, Dukinfield, in the employ of Mr HARGREAVES,
sand merchant, were engaged in digging sand about
three o'clock, when suddenly there was a large and
heavy fall of sand from above, and they were overwhelmed.
TAYLOR was entirely buried in the
avalanche, only the fingers of one hand being
visible. LORD was able to extricate himself in
about a minute, and with commendable promptitude
he at once commenced to liberate his comrade.
In a short time he succeeded in getting TAYLOR's
head and shoulders bare, and he was able to breathe.
Assistance arrived, and willing hands set to work
to release TAYLOR from his perilous position.
This was not done without difficulty and anxiety.
His legs were fastened by a plank that had fallen
with the sand across his legs, and it was not
until seven o'clock that he was entirely freed.
After LORD had worked at rescuing
TAYLOR about a quarter of an hour he tumbled over
in a faint and complained of his back. He was
removed to Grove House, the residence of Mr HARGREAVES,
and a doctor called in. The St John Association
ambulance from Tame Valley was procured, and upon
it TAYLOR was conveyed home in an exhausted condition.
The police were early upon the scene, and rendered
valuable assistance in first aid, amongst them
being Sergeant KIRKHAM, Acting sergeant MOTTERSHEAD,
and Constables RUTTER and KENNY.
ASHTON BOROUGH POLICE COURT
OBSTRUCTING THE FOOTPATH. Edwin MARSHALL
and Sons, builders and contractors, were summoned
for obstructing the footpath in Old-street.
A representative of the firm appeared and pleaded
guilty. As soon as the officer called attention
to the obstruction it was removed. Constable
GODDARD said this was so. Fined 5s 6d for
THE GAMING NUISANCE.
A youth named Samuel KENWORTHY was summoned for
gaming in City-street on 27th October. Defendant
pleaded guilty. The Chief Constable said
he had received a great many complaints about
people gaming, especially on Sundays. Mr
A PARK said it was a deplorable condition of things,
and the Bench agreed with him that it should be
put down. Fined 5s 6d and costs.
DRUNK AND DISORDERLY.
Alfred MURPHY was fined 15s costs for being drunk
and disorderly in Old-street on the 25th ult.
He had been up six times. Thomas HATTON
was very drunk and jostling people off the footpath
in Old-street on the 26th ult, and was fined 7s
6d and costs. John and Sarah Ann BUNTING
were summoned for being drunk and disorderly in
Church-street on the 26th. The woman did not appear,
the husband stating that he had not seen her since
the summons was served. Constable GODDARD
stated the case, and defendants were fined 5s
6d each for costs. John CASSIDY and Joseph
YOUNG were each fined 7s 6d and costs for being
drunk and disorderly in St Michael's-square on
the 26th ultimo. CASSIDY had been up ten times.
Eileen KENNY was sent to prison for one month
for disorderly conduct. Mr PARK said they would
clear the streets from people like her.
Albert ARTINGSTALL made his first appearance on
a charge of being drunk and disorderly in Stamford-street
on the 3rd inst., and was discharged with a caution.
HAVING CELERY WITHOUT A LICENCE.
James NIELD was summoned for hawking celery without
a licence on the 27th ult. Defendant said
he was supplying customers with orders.
The Clerk: What do you do in the week days?
Defendant: I hawk celery. Have you a licence?
Well, it ran out. They all do it and you don't
make an example of them. You are the example
now they have got you. (Laughter.)
Constable TUMELTY spoke to seeing the defendant
in Mill-lane hawking celery from door to door.
He asked defendant if he had a licence. He said
he had, but it was at home. Witness went to his
residence, and his wife showed him licences for
1894 and 1895. The Clerk: You are setting
yourself up as the awful example. You had better
have said nothing. Witness said he told
defendant he had better stop selling and take
his basket home, but he said he should sell up
first. The Chief Constable said he had a
great many complaints about Sunday celery selling.
He had instructed the police to pay full attention
to these hawkers. The Chairman said defendant
had asked them to make an example of someone,
and they were going to make one now, but they
did not want to be hard upon him. Would he promise
to take out a licence? defendant said he
would. Chief Constable said that if he took
out a licence, he should not go out on Sundays..
The Chairman: We are beginning with you, and you
will be fined 1s costs on condition that you take
out a licence at once. Defendant: Make them
all pay. The Clerk: We shall if we can get
A respectable looking youth named James PICKUP
was charged with aiding and abetting ???? KEMMY
in disorderly conduct on Saturday, the 3rd inst.
Prisoner's mother said that he was no trouble
to her, and had been drawn into it by the woman.
Mr PARK, in fining him 5s 6d for costs, advised
him to be more careful in the future, and join
a Sunday school.
DRUNK. Henry BURGESS
was charged with being drunk in Katherine-street
on Tuesday. He pleaded guilty. Mr POWNALL,
who appeared on his behalf, said that BURGESS
had been to Southport, and on account of the fog
had delayed a long time in getting home. He had
nothing to eat all day, with the result that two
or three glasses of whisky had took affect on
him. Prisoner was discharged.
ASSAULTING A CONSTABLE.
Samuel CLEMENTS was charged with being drunk and
disorderly in Lower Wharf-street on Wednesday,
and also with assaulting a constable, who gave
evidence to the effect that prisoner, at ten minutes
to twelve on the date mentioned, was very drunk
and using bad language. When witness went to him,
he set two dogs on him, and also kicked him. With
the assistance of another constable, he got him
to the station. Prisoner said that the constable
kicked him, and that he was thrown into the cell
bleeding, and no relief was given him. Prisoner
was fined 5s 6d for costs in each case.
STEALING WHISKY. William
Henry FLOOD was charged with stealing three bottles
of whisky from the Theatre and Concert Tavern,
on Tuesday. SOOWCROFT said she was the wife
of Alfred SOOWCROFT, landlord of the Theatre and
Concert Tavern, Oldham-road,. At four o'clock
on Tuesday afternoon she was in the kitchen, and
she heard the bel of the bar till ring. She ran
in and saw prisoner in the snug. He was putting
on his shoes. She said, "What have you been doing,
you have been in the drawer." He replies "No,
I have not." He stayed a few minutes longer and
then went out. Soon after she missed the three
bottles produced. The one that had been nearly
empty had been half-full. She went and acquainted
the police of the affair. Detective TOLSON
said he arrested the prisoner in Oldham-road at
4.30 on Tuesday afternoon, and found the three
bottles of whisky in his coat-pocket. He took
him to the police office and charged him with
having stolen them. He replied: "It's an
infernal lie," Prisoner reads a statement
in which, after throwing himself of the Court,
he stated that he had been serving several sentences
lately. The list was quite a long one and drew
from Mr PARK the remark that it was "a pleasant
biography!". The Chief Constable said prisoner
had been up before 13 time five times this
year - and had been committed for trial twice,
He was then committed a third time. To the
PRESENTATION TO MR ELI COPE
On Thursday evening, at the Enville Drum and
Plate Band Club, Percy-street, Ashton, a smoking
concert took place in celebration of the Enville
Band's victory in the recent contest at Dukinfield,
by which was won outright (thrice) the "Shawcross"
Silver Cup. Occasion was also taken to present Mr
Eli COPE, conductor of the Enville Band, the silver-mounted
baton given spontaneously by Mr HA:LSTEAD, of Preston,
and the handsome gold medal which went to the band
achieving the distinction of winning honours. Mr
Jeffrey GRIME occupied the chair, and apologised
for the absence of Colonel EATON, VD, through a
family bereavement. In making the presentation to
Mr COPE the Chairman remarked that the Enville Drum
and Flute Band had won a name which stood highest
amongst famous bands of the same stamp throughout
EDISON'S ANIMATED PICTURES
AT THE RINK, ASHTON
Edison's electric animated photo company from
the St James's Hall, Manchester, commenced a series
of exhibitions at the Rink on Monday evening. This
form of entertainment continues to be popular, and
affords a pleasant variation on the stock indoor
attractions of the town. The pictures are of a varied
character. They are largely of a processional order.
For instance, we have amongst what may be termed
cinematographic films: moving pictures of the Whit
Monday scholars' processions in the city of Manchester;
also an excursion on the Manchester Ship Canal,
presumably taken form the deck of a canal pleasure
steamer. We Have views of shipping craft, the immense
swing bridges which span the canal, and other sights
on the journey.
Amongst pictures shown of a distinctly
playful or humourous character was a reproduction
of the antics and dancing of the celebrated comedian
Little Tich, also an extraordinary wrestling match,
tea table scandal, and a miscellaneous number
of cinematographic photos, which afforded immense
amusement to the audience. Football and cricket
had a place. Moving pictures were shown of the
contest for the English Cup tie, the players and
the ball in motion; also of the bowling of MOLD
to the batting of Mr A N HORNBY.
In a collection of views was seen
the beginnings of a career of fast life by a young
man in Paris, and his final ending in prison and
the guillotine. Another set of miscellaneous pictures
included express trains in motion; feeding the
lions, and Herr SAWADE's performance with forest-bred
lions in their den, and other photos, too detailed
for numerous mention.
Amongst war picture, we had the
animated picture of a battlefield in the Transvaal,
showing the way to obtain the Victoria Cross for
valour in the field; our brave Indian troops on
the march in China to the rescue of the British;
the destruction of the Taku Forts by the allied
fleets; attack on a mission station by Boxers,
and a company of armed bluejackets to the rescue.
Amongst fairy spectacular tableaux
shown were the Fairy of the Black Rocks; Santa
Claus, of the Christmas dream: and a midnight
church musical service on Christmas Eve. Edison's
latest marvel, the singing picture, "Ora Pro Nobia."
Harmony in photography and music. Amongst amusing
pictures shown was the effect produced by the
reading of a letter, and the washing of a Boer
by Tommy Atkins, concluding with a grand allegorical
tableau: "Britannia's welcome to her valiant sons,"
and portraits of the King and Queen.
During the evening songs were given
by a lady with a good contralto voice, and a coloured
gentleman, who also played a selection on the
banjo. Selections of music were also given by
the band of 3rd V B Manchester Regiment, by kind
permission of Colonel EATON, VD, under the direction
of bandmaster TOMLINSON
DEATH FROM BLOOD POISONING
An inquest was held on Monday on the body of
William KENYON, of 13 Howard-street, who died on
Friday, the 13th inst, presumably from the effects
of blood poisoning caused by getting a small piece
of iron in his right elbow. Mr BROOKS was present
on behalf of the employers, the Park Bridge Iron
Alice JONES said she was the housekeeper
of deceased, who was an iron roller at Park Bridge
Ironworks. He was 65, and, for his age, a healthy
man. He first complained to her on September 25th.
He came home about 6 o'clock and complained of
his elbow hurting him. She looked at it several
times, but could see nothing. He said that when
he put his elbow down, he felt something prick.
On the 29th October, however, it
appeared very bad, being sore and inflamed, and
he had to take to his bed. She then sent for Dr
BOWMAN, who came and attended him up to his death.
On Friday, the 1st inst, deceased had told her
how he had got his arm hurt. He said that as he
was taking some iron to the furnace he slipped
and caught his elbow against the iron, and got
a little piece in it. In reply to the Coroner,
witness said they had done nothing for it prior
to calling in the doctor. One night last week,
she had gone out, and he got out of bed and came
downstairs, falling down two steps. He was got
back to bed by some of the neighbours.
John DAVIS said he was a roller-coverer
at the Park Bridge Ironworks, and lived at 43
Elizabeth-street. He had known deceased for 18
years, and had always found him to be a healthy
man. Deceased first mentioned his elbow to the
witness. He came into the roll-turning shop and
asked him to look at it as it pained him a bit.
Witness looked at it and it appeared to be very
much inflamed. He noticed that there was a small
speck of iron in the elbow, about the size of
a pin-head. He got a needle and extracted it.
By the Coroner: DAVIS did a very
unwise thing in taking the iron out with a needle
when the wound was inflamed. I should think it's
an unwise thing to do under any circumstances.
After some discussion a verdict of "Accidental
Death, due to blood poisoning," was returned.