CRIME IN OLD ROTHERHAM: Violent Assault at the Cross Keys

James White of the Cross Keys on the Crofts stated that about noon on September 10 1844 the three men went into his house and ordered some ale. He served them all and went about his work in the bar. Shortly afterwards his housekeeper, Hannah Willey, came to him and told him that the men were using very obscene and insulting language at her. White went into the room where the men were and remonstrated with them, but they took no notice. When one of them called a female who was in the room a very rude name, the landlord ordered the men to leave. One of them threw a pint pot at him and Swan took the poker from the fireplace and struck him on the arm with it. At that point they knocked him to the floor, and they violently kicked him about the head and body. They continued to beat him so badly that he was soon lying senseless on the floor.

The housekeeper, seeing what was happening to her master, ran out of the pub shouting ‘murder’. However the man called Jennings followed her as far as the Shambles, where he threatened to kill her if she told anyone who had committed the attack. Bravely she returned back to her master’s house and a surgeon was called. The magistrate Mr Walker was also in Rotherham on the day the offence was committed, when he was informed of the attack at the Cross Keys. He was asked to take White’s deposition as it was thought that the man was going to die. After hearing his statement, the magistrate issued warrants for the arrest of all three prisoners.

Two constables named Lindley and Marshall were sent to arrest the men the following day. Receiving information that they had been seen drinking in another public house in Rotherham, they both went to apprehend them. As soon as PC Lindley informed the men that he was about to arrest them for the attack on James White the previous day, they attacked him and Marshall. All three prisoners were very violent, and Swan struck Lindley several times and knocked his hat off. The prisoners fought so hard that the two constables were obliged to ask other people in the pub for help, in order to put the cuffs on them.

Swan, Twiby and Jennings were brought in front of the magistrates on Friday September 27 1844 and Mr White gave evidence of the attack on him at the Cross Keys. He said that it was completely unprovoked and that none of the prisoners were drunk at the time. He also confirmed that they had all taken part in the attack.

A solicitor, Mr Pashley, defended the prisoners, and stated to the court that the men all regretted their actions and if the bench would allow the case to be dismissed, his clients would pay Mr White ‘something handsome’ as compensation. The bench told him it was too late for that.

He fined all the men £5 each and ordered that they were to find securities for their good behaviour of £20 each, or stand committed to the House of Correction for two months with hard labour. John Twiby was then dismissed, before the magistrates heard of the assault on the two constables by Robert Swan and Christopher Jennings. Mr Pashley stated that he felt that the ends of justice would be served, by the previous conviction which had just taken place. He asked the bench not to proceed with two separate charges arising from the same assault.

One of the magistrates, Mr Bosville pointed out that they were two distinct cases of assault and asked him: “Did you mean to say that if one of the constables had died from the assault which had been made upon him, that they aught not to prosecute them, because they had been punished for the offence for which the constable went to apprehend them.”

Mr Pashley denied that this was what he meant. PC John Lindley described the attack saying that all three prisoners were very violent and they tried to make their escape, but he had ordered the landlord to lock the pub doors.

Marshall confirmed his colleague’s evidence, and stated that Jennings in particular had used great violence against him. The two prisoners were found guilty and ordered to pay £2 each or stand committed to the House of Correction for another two months, the two terms of imprisonment to run one after the other.