25 June 1904
DEATH OF A WAR VETERAN
An Inkermann and Indian Mutiny Hero
Thomas SMITH, an old pensioner, late of the 8th King’s
Foot Regt., died in Duke-street, last week, after two
years’ illness, during which he had been confined
to bed. SMITH had had a chequered career. Joining the
army whilst a comparatively young man, he went through
the Crimean campaign and Indian Mutiny of terrible memory,
besides having served on many military stations abroad.
He was 67 years of age, and for many years
had drawn his pension, but of late years had been confined
to his bed through chronic rheumatism, which had not precluded
him, however, from “fighting his battles over again,”
and numerous were the thrilling tales, and amusing were
the many anecdotes of his career.
The funeral, which was attended with military
honours, took place on Friday afternoon. The body was
placed in a polished oak coffin with a Union Jack. The
mournful procession was headed by twelve sergeants walking
slowly with arms reversed. The sight was impressive. Arrived
at the cemetery, the coffin was lowered into the grave,
and the firing party fired volleys and the bugle sounded
the “last post.” Mr Andrew WILD was the undertaker.
SLANDERING A NEIGHBOUR
At the Salford Court of Record, on Thursday, a case arose
out of a women’s squabble at Ashton, Mrs DAVIES,
of Smallshaw View, having, it is alleged, reflected on
the character of her next door neighbour, accusing her
of living with a man who was not her husband, when, as
a matter of fact, she was present at the wedding. Evidence
of other woman was to the effect that there had been a
good deal of “nagging” between the parties.
The jury awarded ¼d. damages, and each side will
have to pay its own costs.
A HURST WOMAN’S
FALL OVER A BOX
Sequel in the Ashton County Court
At the Ashton County Court, on Thursday, before his Honour
Judge Reginald BROWN, Jane KIPPAX, a spinster, of 97,
Queen-street, Hurst, sued Betty CLAYTON and Seth FIRTH,
executors under the will of the late Alfred CLAYTON, for
personal damages caused through alleged negligence by
leaving empty boxes on the footpath.
Mr J.B. POWNALL, who appeared on behalf
of Miss KIPPAX at the court, explained that the defendants’
shop was at the corner of Whiteacre-road and Princess-street,
Hurst, and by the negligence of the defendants the plaintiff
had suffered severe injury through catching her leg against
the boxes lying across the footpath. His client claimed
£6 damages for nourishment, nurse, doctor, etc.
Miss KIPPAX gave evidence, and said that
on 17th March last she was turning the corner of Princess-street
and Whiteacre-road, going to CLAYTON’s for some
sundries, where she was a regular customer, when she collided
with some empty boxes lying on the footpath. Her legs
were very seriously bruised, and for several weeks she
suffered from the injuries sustained, which had necessitated
the attendance of a doctor and nurse.
Questioned by his Honour witness said she
was a confectioner at Hurst. — Mr CLAYTON suggested
that when she fell over the boxes she immediately sprang
to her feet and reproached herself for being careless.
— Witness, however, denied this. — Mr CLAYTON
said even if his clients had shown negligence in leaving
the boxes on the footpath, the accident was the result
of plaintiff’s own carelessness.
Wm. CLAYTON, son of the late Alfred CLAYTON,
Whiteacre-road, deposed to placing the boxes in the channel.
He saw the complainant fall over the box. She was not
down more than a second or two. He followed her into the
shop, and remarked that she had some sense falling into
a box. She replied that she was looking at the shop lights.
She joked about the occurrence several days afterwards.
— Mrs ROBINSON gave evidence bearing out the statements
of the latter, and Chas. JENKINSON and Frances LONGLEY
also gave somewhat similar evidence.
His Honour said strictly speaking a tradesman
had no right to leave boxes in a public street in front
of his shop. She was not guilty of contributory negligence,
and therefore would be entitled to maintain the action
in the ordinary course for the damages which she claimed.
On the other hand, he held that the action did not lie
against the executors of the late Mr CLAYTON. He gave
judgment for the defendant, without costs.
AFFAIRS OF A WATERLOO
At the Ashton Bankruptcy Court, on Thursday, before the
Registrar (Mr H. HALL), the examination in bankruptcy
took place of Charles Henry HIBBERT, lately residing and
carrying on business as a grocer, at 102, Oldham-road,
Waterloo, Ashton; and formerly residing and carrying on
a like business at 17, Oldham-road, a bankrupt.
The summary of bankrupt’s statement
of affairs showed gross liabilities £362 8s. 5d.;
expected to rank £361 10s. 5d.; assets, £72
6s. 3d.; deficiency, £289 5s. 6d. The causes of
failure as alleged by bankrupt were: Bad trade, ill-health
of the debtor and family, small profits, and household
and personal expenditure in excess of profits.
He stated that he commenced business in
March, 1900, with £20 free and about £80 borrowed
capital; not having kept proper books of account, particularly
no cash book or creditors’ ledger, nor, while in
business, ascertained his financial position, he could
not file prescribed deficiency account, but estimated
that his deficiency was principally accounted for by loss
on trading and withdrawals for maintenance and private
He first became aware of his insolvency
about five years ago, and had since contracted all his
existing liabilities. His former taking of about £27
a week dropped to £14. He had suffered from the
high price of provisions, and had been troubled with nervous
affliction. — The examination was closed.
ON AN ASHTON TAILOR
Police Court Proceedings
At the Ashton Borough Court, on Monday, Michael CLEMENTS
was charged on two preferments with assaulting Joshua
Percy MALLINSON and Martha Alice MALLINSON. Mr F. W. WATSON,
who appeared to defend, pleaded not guilty to both charges.
Mr Arthur LEES, who appeared on behalf of
Mr and Mrs MALLINSON, said his client carried on business
as a tailor in Market-street, Ashton, and the defendant
was a journeyman tailor, and, he believed, resided at
present in Oldham, but had lived in Ashton. It appeared
that CLEMENTS had been in the employ of Mr MALLINSON,
who had occasion to discharge him, and on Friday, 10th
June, about seven o’clock in the evening, CLEMENTS
went into the yard behind the shop, and proceeded to the
workroom the worse for drink
A communication was made to Mr MALLINSON
that he was going to the workshop, and Mr MALLINSON followed
him. When he got to the top of the steps leading to the
workshop, CLEMENTS turned round and asked him what he
wanted, saying that he had as much right there as he had.
Mr MALLINSON told him to leave the premises. CLEMENTS
refused, and catching hold of Mr MALLINSON — who
was much the smaller of the two — banged him several
times against the wall
They went into one of the rooms, and there
CLEMENTS got him on the ground and endeavoured to kick
him and violently abused him. Mrs MALLINSON, of course,
followed her husband, and interfered, with the result
that CLEMENTS turned round and struck her several times
on the eye, shoulder, and arm.
Joshua Percy MALLINSON corroborated, and,
cross-examined by Mr WATSON, said his wife never attempted
to push CLEMENTS downstairs. He himself got a rap or two
at him with a sweeping brush. — Mrs MALLINSON also
gave evidence, and said CLEMEBTS hit her several times
in the face with his fist, and she was covered with blood.
Cross-examined by Mr WATSON: Her husband did not follow
him with a brush. She never put her hands on defendant,
and would swear that she never pushed CLEMENTS downstairs.
Laura JACKSON, of Dukinfield, deposed to
being in the workshop at the time of the alleged assault,
and bore out the statements of the previous witnesses.
— Mrs BATES, a workwoman in the employ of Mr MALLINSON,
also gave evidence. — Dr COOKE deposed to examining
Mrs MALLINSON, and said she had a black eye and a mark
in front of the right jaw, and the right wrist was also
injured. She must have suffered considerable pain.
Mr WATSON, for the defence, said he had
been instructed that CLEMENTS was in Ashton on the night
in question, and wanted to see a friend who worked for
Mr MALLINSON. He, therefore, went to the workroom at the
rear of the shop and, as there was no notice forbidding
such a thing, went inside, and was followed by Mr MALLINSON,
who was very angry, and endeavoured to put him down, and,
with the help of his wife, got him from the top step to
three lower down. CLEMENTS tried to push them away, and
MALLINSON struck him violently with a broom, and pushed
him down the step. In self defence he pushed them away.
Michael CLEMENTS, the defendant, corroborated,
and said MALLINSON told him to go out before he got in
the shop. Mr MALLINSON came and commenced shouting at
him, and Mrs MALLINSON pushed him downstairs, and MALLINSON
struck him with the brush. It was custom in the trade
that if there was no prohibitive notice the workmen could
be visited. — John FENNAY also gave evidence, and
said he thought the affair was an accident on CLEMENTS’
CLEMENTS, again examined by Mr LEES as to
why he didn’t go down when requested to, admitted
that there might have been some nastiness in that, and
complained that it was a bye-word in Ashton that if he
came before the Ashton bench he would be committed, which
drew from Mr LEES the remark: “You have been here
before though.” “Yes,” was the reply,
“so have you.” — (Laughter.) —
Mr LEES: But on different errands.
The Chairman said the Bench considered that
CLEMENTS had committed a very unprovoked assault, and
therefore he would be fined 40s. and costs, or a month
in each case. All the fees were allowed.
FOUND DROWNED AT ASHTON
On Tuesday the body of a respectably dressed man was observed
floating in the canal at Whitelands. It was taken out
of the water as soon as possible, and identified as that
of a man named KENWORTHY, a foreman nightsoilman in the
employ of the sanitary department of the Ashton Corporation.
He had been sitting on the edge of the dock about ten
minutes before. The inquest was held on Thursday forenoon
in the Victoria Mission Room, North-street, by Mr J. F.
PRICE, County Coroner for the district, and a jury.
The first witness was Joseph Edward KENWORTHY,
son of deceased, a cabinet maker, who lived with his father,
Joseph Harrop KENWORTHY, at 316, Katherine-terrace, Katherine-street,
who gave evidence of identification. His father, he said,
was a foreman Corporation labourer, and was 51 last birthday.
He had always enjoyed good health, but of late had been
attended by Dr MANN for pains in the stomach, but didn’t
appear to improve.
He had no trouble at home, and had never
threatened to commit suicide. Witness last saw him alive
on Monday night at home, when he was in ordinary health
and spirits and made no complaint. He went to his work
next morning in good spirits. He heard of his death about
half-past twelve on Tuesday. In answer to the foreman
of the jury witness said he had complained of dizzy bouts,
and had pains in his stomach.
John HIDLEY, of 286, Whitelands-road, of
Dean and Wood’s, off Whitelands-road, said that
on Tuesday morning he was going into the yard when he
saw KENWORTHY in the road, and walked through the yard.
He told witness that he was going to the tip near there,
as he had some complaints of its condition. Afterwards
he went to the closets of the Thread Mill. He complained
at the time of cramp in the stomach, but was otherwise
all right and in good spirits, and said he was afterwards
going to Cockbrook.
Soon after leaving him he saw a knot of
people standing near the canal off Whitelands-road. He
went to the spot and saw KENWORTHY in the water, and attempts
were being made to take him out. He helped, but before
he was pulled out it would perhaps be ten minutes. Artificial
respiration was resorted to. He seemed quite rational,
and only complained of the cramp in his stomach.
Sarah Jane WOOD, of Town-lane, Dukinfield,
said that on Tuesday morning about a quarter to twelve
she was walking along the towing path of the canal near
Whitelands when she saw the deceased sat smoking on the
edge of the Ashton middle lock with his back to the water.
He bid her good morning and smiled at her baby.
She noticed nothing unusual in his demeanour.
She had only got about 120 yards away when she heard that
a man had been drowned. She ran back and saw him in the
water. She saw him sink twice. She thought he might easily
have fallen in the water if he had staggered backwards.
— A verdict of “Accidental death” was
returned. Later the foreman (Mr Luke PLATT) expressed
the jury’s sympathy with the family of the deceased.