The Kirkhams in an assault case at Trinity Street railway station in 1874
In the following accounts, James Kirkham is our great great grandfather.
Bolton Evening Guardian, 19th January 1874
EXTRAORDINARY FRACAS AT THE TRINITY-STREET RAILWAY STATION.
At the Borough Court, on Saturday, before R. Stockdale and Geo. Fell, Esqrs., a number of summonses and cross-summonses were heard, in which the under-mentioned men were charged with committing assaults. Lawrence Harris, Nicholas Roupell, Queen-street ; and John Bagley, were charged with assaulting one William Kirkham, manager at the Messrs. Haslam's cotton mill, Sharples, on Saturday night, the 3rd instant; James Kirkham, brother of the above prosecutor, charged Moss and Bagley with assaulting him. Moss and Bagley were also charged by John Kirkham with assaulting him. John Kirkham, of 205, Derby street, William Kirkham, and James Kirkham were charged with assaulting John Bagley; Joseph Moss also charged James Kirkham with assaulting him. Cross-summonses had also been taken out against the Kirkham brothers for impeding John Bagley, an officer of the Lancashire and Yorkshire Railway Company, on the morning of the 4th instant.- Mr. Richardson appeared for the Kirkham brothers, and Mr. Hall for the other parties mentioned above.- Mr. Richardson, in opening the case for the three Kirkhams, said his clients had been to Farnworth at New Year's time to visit some relations who resided there, and arrived very late back again in Bolton on the evening of the 3rd inst. They went up the flight of steps on the left hand side of the station, but on arriving at the top they found the door fast, and returned to the platform, where the assaults complained of were committed. He would take the case of the assault on William Kirkham first.
The prosecutor said he tried to get out of the station into Trinity street by the door there, but found the door closed. However, he did get out eventually, and when outside, saw Bagley kicking his brother, James - Kirkham, on the forehead, whilst on the floor. There were a number of other railway servants present at the time. On seeing his brother being kicked on the head by Bagley, he remonstrated with the men who were present. Bagley then struck him (prosecutor) on the forehead with a lamp which he had in his hand, the effect of the blow being such that it knocked him down, and whilst down he was kicked by Bagley on the left shoulder.
John Kirkham, mill manager, 205, Derby-street, said he arrived at Trinity-street Station on the evening of the 3rd inst. and went up the steps to get into Trinity-street, but found the door fast. Not being able to get out he applied to some of the company's servants to let him out. He did get out ultimately. On getting about ten yards or twelve yards into the street from the door, a noise behind him attracted. his attention as of a thump or heavy fall. He turned round on hearing the noise, and saw his brother James on the floor, and Bagley kicking him on the forehead whilst he was down on the floor. His brother William was crying out, "Chaps, that isn't fair." Witness also saw Bagley strike his brother William on the head with a lamp, which cut his head and knocked him down. On seeing his brother knocked down by the lamp, he ran at Bagley and struck him (Bagley) on the forehead. Bagley and Roupell seemed to be acting in concert. He saw Bagley kick his brother James three times. His brother James had a stick in his hand at the time of the occurrence, but Bagley took it from him and then used it on him (witness) and broke it by the force of the blow. After this Bagley and four or five other companions went inside and closed the door on them. Seeing the circumstances of the case, witness knocked at the door for the purpose of getting an explanation, when it was then opened by Roupell. William and he went down stairs and was taken into a room and locked in, and after a time Inspector Rhodes and Sergeant Miller arrived. During all the time they were in the room his brother was bleeding profusely. On getting out again they went to Mr. Kershaw's, surgeon, of Nelson-square, to get the wound dressed. Bagley was drunk at the time of the assault. James Kirkham, manager, of Huddersfield, corroborated last witness's statement as to their not being able to get out at the door.
Inspector Rhodes said that he was on duty on the 4th of the present month. About one o'clock a.m. the defendant Bagley carne to the office and said there were three men at the station he wanted locking up. Witness went with him to the station, and found the brothers Kirkham in a room there. Moss, Roupell, and several others were there. When in the room Bagley pointed to the Kirkhams, and said, "I want these three men locking up, this man (meaning William) has assaulted me." Witness replied "Do you want all three locking up for one assaulting you?" Bagley made no reply. Witness said he must have a proper charge before he locked any of them up. Moss then said, "I'll charge them, then, with not leaving the platform when requested." At that time Mr. Kirkham was bleeding profusely from wounds on the forehead and the back of the head. There was some blood on the floor, and his coat and shirt were saturated with blood. Witness said, "'These men are badly wounded by someone or something, and ought to go to a doctor at once." Seeing the men in that state, he considered it wrong to take them anywhere but the doctor's, and told Bagley that if they had done anything wrong they could be summoned. Moss then asked the names, and witness afterwards went with the Kirkhams to a doctor's. He could see that they had, had something to drink, but they knew what they were doing. Bagley was very far forward in drink, and Moss was also under the influence of drink. The defendant Bagley was bleeding from a wound on the forehead.
Police constable James Brookes said that on the night in question he was on duty in Bradshawgate. In consequence of some information he received he went to the station. While he was there Bagley came in with the last witness. Bagley was far the worse for drink. Moss was also under the influence of drink, but was not so bad as Bagley.
Mr. Alfred Kershaw, a surgeon, of this town, said the three men were brought to his house about two o'clock on the night of the assault by Inspector Rhodes. On examining William Kirkham, there was a contused wound on the front part of the head, about one and a half inches in length, penetrating to the bone. There was another contused wound at the back of the head about an inch in length, and fracturing the bone. He must have lost a quantity of blood from the latter, as a small artery had been severed. On the following day witness visited him at his house and found two contusions on his arm, such as might be caused by a kick, He had not quite recovered from the injury. On James Kirkham he found a contused wound on the forehead about two inches in length, penetrating to the bone. That wound also might have been caused by a kick. He must have lost a considerable amount of blood. This completed the evidence for the prosecution.
Mr. Rutter then addressed the magistrates for the defence. He said he should show that no such assault had been committed. The Kirkham's finding themselves in a dilemma through trespassing on the Lancashire and Yorkshire Railway Company's land, in order to screen themselves, had trumped up that case. He should show that on the night in question, after all the trains had left and the station was locked up, the defendant was on duty, and soon after putting out the lights heard a noise on the platform. He went up and saw the three Kirkham's apparently drunk, and roaming about. He went and asked them what they wanted. They said they wanted to go out, and the defendant took them up the steps and unlocked the door. While attempting to shut the door they pushed it open, and put an umbrella in the way. Moss came up, and in trying to close the door a scuffle took place, during which the men were injured. The defendant did not, however, assault the complainant in the manner he had stated, nor had he kicked either of them, but was himself severely assaulted. As they would not allow the door to be fastened or go away, they were brought into one of the rooms, and defendant went for a policeman to give them into custody for disorderly conduct in the station and trespass.
Joseph Moss, an inspector at the station, was called, and gave evidence bearing out that statement. He added that when they were trying to shut the door and the Kirkhams were pushing against it, they let go, and the door flew open. Immediately William struck the defendant on the head with a stick, which broke with the force of the blow. They wrestled for the possession of the broken stick, which must have inflicted the injuries on the three men.
William Nightingale, a policeman in the employ of the Railway Company; Lewis Harris, a porter, and Nicholas Roupell, a watchman, gave corroborative evidence.
The magistrates were of opinion that it was a case in which the defendant should be committed to the sessions, and should adjourn the case until Monday for depositions to he taken.
The case against Joseph Moss of assaulting William Kirkham was then taken.
Complainant stated that during the fracas he was thrown to the floor, and the defendant kicked him on the hack of the head, inflicting the wound described by the doctor. John Kirkham gave corroborative evidence.
An application for the case to be remanded was granted. Several other cases arising out of the same occurrence were also remanded.
This morning the charges preferred against the Kirkhams by the servants of the Railway Company came on for hearing at the Borough Court, before W. W. Cannon, and R. Stockdale, Esqrs. Mr. Hall, solicitor, who appeared on behalf of the railway Company's servants on Saturday, said that he felt it impossible for him to act in the case any further, from the unexpected turn which events took on Saturday, when the magistrates decided to commit two of the servants of the Company on the charge of having assaulted the Kirkhams. Feeling, therefore, in consequence of his position, that he could not proceed with the case, he had written to Messrs. Grundy, the solicitors to the company, telling them how he stood in the matter. Up to that time he had received no communication from them. Of course the company would not decide until that morning, and they might decide, and most probably would, to support the charges preferred by their servants.
Considerable discussion then took place as to the course the Bench should pursue, whether the whole of the cases should be remanded, awaiting an intimation from the railway company as to the course they should pursue, or the summonses dismissed, necessitating the taking out of fresh ones by the company, if they decided to proceed with the charges against the Kirkhams. Ultimately the latter course was adopted, and the case of the two railway servants, who were tried on Saturday, will come up on Thursday, when depositions will be taken in the case prior to their formal committal. Original image
Bolton Evening Guardian, 22nd January 1874
THE RECENT FRACAS AT THE TRINITY STREET RAILWAY STATION.
At the Borough Court, this morning, before W. Makant and R. Stockdale, Esqrs., John Bagley and George Moss were brought up on remand charged with assaulting Win. Kirkham, mill manager, Sharples, on the evening of the 3rd Inst. Mr. Wright, solicitor, of Manchester, and Mr. Hall, of Bolton, appeared to defend. The depositions given on Saturday last for the prosecution having been read.
Sergeant Miller said: About one o'clock on, the morning of the 3rd inst. I went to the railway station along with Inspector Rhodes, and what he has said is quite correct. Cross-examined by Mr. Wright: When the prisoner went to the police station be said he wanted three men locking up. Prisoner was not able to express himself clearly, as he was under the influence of liquor, but he walked to the railway station himself. The depositions for the defence having been read, Bagley was asked if he had anything to say, but replied: "No."
Mr. Wright said he understood the magistrates had had the case before them at some length, and therefore he would not detain them with any long statements.
Prisoner was then committed to the sessions for trial.
Mr. Wright applied for bail, which was granted, Bagley himself in £50, and two sureties in £25 each.
The case of Joseph Moss was then taken, and after the depositions had been read, the magistrates decided to send Moss also to the sessions, bail being allowed, himself in £50 and two sureties of £25 each. Original image
Manchester Guardian, 19th January 1874
The borough magistrates of Bolton were engaged for several hours on Saturday in the investigation of a series of charges of assault against four of the servants of the Lancashire and Yorkshire Railway Company. Three of them, named Lawrence Harris, porter, Nicholas Roupell night watchman, and John Bagley, were charged with assaulting William Kirkham, mill manager, Astley Bridge. Bagley and Joseph Moss, inspector, were also charged with assaulting James Kirkham, manager for Messrs. Shaw, Gaunt, and Co. Huddersfield. There were cross summonses in which the two Kirkhams together with John Kirkham, mill manager, Derby street, Bolton, were charged with assaulting and impeding Bagley in the execution of his duty; and James Kirkham was further charged with assaulting Moss. Mr Richardson appeared for the Kirkhams, and Mr. Hall for the railway servants. The case of William Kirkham against Bagley was first taken.
From the evidence of the Kirkhams, who are brothers, it appeared that on Saturday the 3rd inst. they arrived at the Trinity‑street station, Bolton, from Farnworth, shortly before twelve o'clock at night. They went into the refreshment‑room where James and 'William had something to drink. Whilst they were there Bagley entered and asked for some beer, but the waitress refused to supply him with any. The Kirkhams then left the room, but on getting to the top of the staircase they found the door fastened. James called out to some one to open it, upon which Bagley, Roupell and Moss appeared and let them out. They had not proceeded many yards when they were overtaken by Moss and Bagley, the former of whom knocked James Kirkham down, and Bagley commenced kicking him on the forehead. William called out, "Chaps, you don't call that fair; what's it for" upon which Bagley turned upon him, knocking him down by a blow on the head with his lamp. As he lay on the ground he was kicked by Moss on the back of the head, and on the body and legs. John Kirkham struck Bagley on the head, upon which the latter picked up William's walking stick and broke it over the head of John. The railway officials then re‑entered the station and fastened the door. John Kirkham knocked to ask for an explanation, when all three brothers were taken to the refreshment-room, and looked in whilst Bagley went for the police.
Bagley was declared to be drunk at the time. Inspector Rhodes stated that on being sent for Bagley said to him, "I want these three men locking up; this man (pointing to William) has assaulted me!." Witness asked if they wanted him to lock three men up when only one had committed the assault, adding that he must have a proper charge. Moss then stepped forward and said, 'I will charge them with not leaving the platform when requested. Witness observed that the clothes of William Kirkham were saturated with blood, and that he was bleeding profusely from the head and back. The others were also bleeding, and witness remarked that they had been badly wounded by somebody or other, and that they ought. to go to a doctor at once. He did not think it right to take them anywhere else, for fear that serious consequences might follow. Both Moss and Bagley were the worse for drink.
Mr Kershaw, surgeon, stated that the Kirkhams were brought to his place between two and three o'clock in the morning. William was suffering from a contused wound on this front part of his bead about 11/2in. in length, which penetrated to the bone. There was another contused wound at the back of his hand about an inch in length, which also penetrated to the bone. From the latter wound complainant had lost a considerable quantity of blood, because a small artery had been severed. There were also bruises on his left shoulder and arm. James had a contused wound on the forehead about two inches in length, which penetrated to the bone.
For the defence, it was contended that as the Kirkhams passed out of the station one of them (James) struck Bagley on the breast, after which all three prevented the shutting of the door by placing their feet against it. The door ultimately flew open, upon which William Kirkham struck Bagley on the head with a stick. John had an umbrella. which he tried to bob into the eyes of Bagley and Moss. William seized Moss by the legs, and, saying he "would give him a "Lancashire and Yorkshire," threw him down. It was denied that Bagley had a lamp, and Moss stated that William Kirkham received his wounds whilst struggling for his stick. All three Kirkhams were declared to be drunk, and, though it was admitted that Bagley had had drink, it was asserted that be was able to perform his duty. The Kirkhams denied that they gave any provocation.
The summonses against Roupell and Harris were withdrawn. The Bench intimated their intention to commit Bagley and Moss to the sessions for trial, and remanded them until Thursday in order that the depositions might be taken. The hearing of the summonses against the Kirkhams was postponed. Original image
Manchester Guardian, 11th April 1874
RAILWAY SERVANTS CONVICTED OF ASSAULT.
At the Bolton Quarter Sessions yesterday, John Bagguley railway constable, and Joseph Moss, railway inspector, both employed at the Bolton Station of the Lancashire and Yorkshire Railway Company, were charged with having violently assaulted William Kirkham, manager at Messrs. Haslam and Co.'s mill. On the 3rd of January the prosecutor and his two brothers went to Farnworth. They returned to Bolton shortly before midnight, and went into the refreshment-rooms. The prisoner Bagguley also went in, and wished to be served with some drink, but the waitress refused him. When the prosecutor and his brothers reached the entrance to the station they found the doors fastened, and were obliged to call for assistance. Moss and Bagguley came up and opened the doors, and as the prosecutor and his brothers went out, the former alleged that Moss pushed James Kirkham down, and Bagguley kicked him on the forehead. On prosecutor asking what it was for, Bagguley struck him on the forehead with a lamp, and knocked him down, and whilst he was on the ground Moss kicked him on the back of the head. John Kirkham went to the rescue. and struck Bagguley; and the prisoners then locked all three Kirkhams up, sent for a policemen, and gave them into custody.
For the defence it was stated that as the Kirkhams were shown out of the station they placed their feet against the door, and would not allow it to be shut. The jury found the prisoners guilty, but recommended them to mercy. The Recorder (Mr. S. Pope Q.C.) said that both railway officers and police ought to learn to treat the public with calmness and propriety and not with ruffianism and brutality. Each of the prisoners was sentenced to three months' hard labour. Original image
