On 9 March 1889, two officers, Police Constables Gurney and Southern had been on duty in Westgate, Rotherham. It was around ten minutes before midnight and they had been standing on Oil Mill Fold opposite a lodging house which was run by a woman called Mrs Curtis. Southern poked his colleague in the ribs before pointing out a drunken man, who was so inebriated that he could barely stand. The two officers knew he was a lodger of Mrs Curtis, a man called John Evans, who had lived in Derby although he since had come to Rotherham when he got a job working as a puddler.
On the day in question he had been drinking since around 4 pm, so by the time the two officers saw him, he was visibly not sober. Southern challenged his colleague to ‘lift him’ in other words to arrest the drunken man. However what happened afterwards was a matter of great dispute, although the outcome was that Evans received injuries which, for some time afterwards, resulted in his life being despaired of. As a result, his dying deposition was taken by a Justice of the Peace. It was widely believed that no person in a dying condition would lie, shortly before meeting his Maker. So such depositions were taken very seriously by the legal authorities.
John Evans had not been in Rotherham long and had lived at Mrs Curtis’s lodging house for just a week before the incident had happened. It was later established that his drunken condition had resulted in him not seeing his attacker, although he remembered being thrown to the ground and being kicked savagely on the lower part of his body. All he could remember afterwards was that the man concerned had a dark beard. Consequently, he knew nothing until the next day when he woke up and found his bed full of blood. Only much later did a passing tramp tell him that ‘he had been kicked by a bobby’.
However, it was some days later before the matter was brought to the attention of the Chief Constable of Rotherham himself, Captain Burnett. He immediately went to the workhouse hospital and spoke to Evans. As a result of their conversation, the Police Surgeon, Alfred Robinson was called to examine the injured man. Consequently, Police Constable James Gurney was charged with ‘occasioning actual bodily harm on 9 March to John Evans.’ It seems that the enquiry had caused the officer to be dismissed as he was now being described as ‘an ex-police officer.’ Nevertheless the incident had caused such a stir in the town, that the courtroom was packed with people anxious to see the result.
Accordingly, when Gurney appeared before the magistrates, he was described as being smart and disciplined officer, sporting a dark beard. The case was prosecuted by Mr Hickmott on behalf of the Rotherham Watch Committee. He told the court that the deceased, Evans had been leading and somewhat roving life and that on the night in question he was indeed considerably the worse for liquor. The next witness was police surgeon, Alfred Robinson who told the court that he had first seen John Evans on Wednesday 20 March at the workhouse hospital. He said the man had some serious bruising and was suffering from a haemorrhage in the stomach where had been kicked.
The surgeon said that the bruise was a large one and was approximately the size of a man’s hand. His injuries were so severe that it was assumed that he would die and accordingly his deposition had been taken. When asked why he hadn’t sought medical attention earlier, Evans had no answer to give. The prosecution admitted that there had been no witnesses as to what had actually happened and then told the court that Constable Southern was unable to attend that day as he had gone down with a case of measles. When it was time for John Evans to give his testimony, he said that after the attack he was in the workhouse hospital on Wednesday 24 April when he was approached by a man he did not know.
The man asked him if, during the attack he had recognised his attacker and Evans stated that he did not know him. The man who, he said was sporting a dark beard, told him that he had seen the incident and that his attacker had a much darker beard than he had himself and had a much rougher voice. Then to Evans surprise the man told him that if he would say as much to the legal authorities when questioned that he would ‘make him a present when the trial was over.’ Another police officer, Police Constable Boler was the next to give evidence. He stated that around 3.30 am on 9 March he had met Constable Gurney at the police station who told him that ‘he had kicked a man.’
However that officer told him that he could not lock him up, as he had been on private property at the time. Also later they had discussed the condition of the man in the workhouse hospital, although Gurney again denied that it was the man that he had kicked. Nevertheless he also told his colleague ‘for Gods sake don’t say anything about it.’ Captain Burnett was the next witness and he stated that after hearing what had happened on 9 March, he had sent for the two officers concerned, who again denied any knowledge of the man who was at that time lying injured in the workhouse hospital.
Three days later Gurney stated that he did remember seeing the drunken man on that night, but knew nothing of him being kicked. After hearing this evidence, the case was adjourned until 13 May in order that principal witnesses could give their evidence. Captain Burnett stated that on March 22 he and a Justice of the Peace, Alderman Wragg had taken John Evan’s deposition. There he stated that ‘he was unable to describe his attacker and could not describe whether he had a beard or not.’ After hearing all the evidence James Gurney was committed for trial at the Yorkshire Spring Assizes where he appeared on Tuesday 21 May 1889.
However the Grand Jury returned a no bill against the former police officer and he was discharged. However if he hoped that the whole sorry affair was over James Gurney was soon to be disabused of this notion. This time it was the victim John Evans who had brought him into court, claiming £50 damages for his injuries. When Gurney was giving evidence, he stated he would not be able to find the costs in the case. He admitted that since losing his job, he could not find money for food, let alone this action.’ After a short consultation the jury found took pity on the ex-officer and he was discharged.