Mary and James Ashworth were both in their early thirties when they lived on Cresswell Road, Mexborough. On Saturday 1 August of 1906 around 10.10 pm an argument broke out just as the couple had been enjoying a late supper in the kitchen. Also there was a friend, Henry Johnson who, saw James reached over the table and smack his wife in the mouth. As Mary (who was known locally as Polly) put out her hands to save herself, she accidentally knocked over a parrafin lamp which had been standing in the middle of the table. It broke against the surface and within an instant, parrafin was spreading everywhere. To their horror the paraffin blazed up spread across the remains of the meal and poured into James lap.
Suddenly it ignited and set James’s clothes alight as Mary screamed at the top of her voice. James got up from the table, still ablaze and ran out of the house also screaming. A neighbour called Emma Smith saw the man ablaze, but all he said was ‘Polly’s thrown a lamp at me!’ Neighbours quickly came rushing to his rescue and managed to put out James clothes using a hearthrug to extinguish the flames. He was immediately removed to the Mexborough Montague Hospital where medical staff treated his terrible burns. The Rotherham Police were informed and the next day he was visited by Inspector Watson and Sergeant Matthews.
He told them that the matter had been ‘a pure accident’ however, six weeks later on Thursday 13 September James Ashworth succumbed to his injuries and died. The Deputy Coroner, Mr J Kenyon Parker arranged for an inquest to be held on Tuesday 18 September at the Primitive Methodist Institute, Mexborough. Also in attendance was Superintendent Hicks of the West Riding Constabulary. The witness Henry Johnson was the first witness, and he stated that Mary Ashworth had deliberately picked up the lamp and thrown it across the table at her husband. In view of this grave allegation, Mr Kenyon Parker had no option but to adjourn the inquest to Friday 21 September 1906 so that the man’s story could be looked into. As a result Mary Ashworth was taken into custody.
At the adjourned inquest, the prisoner questioned Johnson, but he managed to stick to his story. However he admitted that he had left the house for around five minutes, so had no idea how the argument had started. He had only just entered the house as James attacked his wife. One of the surgeons at the Montague Hospital, Frank Harvey gave evidence that he had seen the deceased man shortly after he had been admitted. However he claimed that James’s burns were extensive, but all were superficial. His burns were mostly from the middle of his waist to his toes. For the first few days there were hopes that he might survive, but nevertheless James Ashworth died.
Frank Harvey stated that the cause of his death had been from exhaustion, as James had been unable to sleep due to the great pain he was constantly in. A sister at the hospital called Clara Wesley confirmed the surgeon’s account and said that the patient had always maintained that the matter was an accident. However in reply to Sergeant Hicks, Clara said that she was present on the morning that her patient died. She also stated that James had made a statement to the sergeant ‘but that it was different to the one he had made to her.’ Another witness was a woman called Eliza Winter who lived at the South Yorkshire Hotel, Mexborough.
It seems that around a quarter to midnight, having heard about the incident, she went to the house on Cresswell Road and saw the prisoner. She said that her husband James had already been removed to the hospital, but she was standing outside the house with her little boy. Eliza asked her ‘Polly what have you done?’ to which she replied ‘I have thrown a lamp at him. Well he shouldn’t be jealous of me!’ The witness claimed that on this occasion that the prisoner was talking wildly and not like her normal, quiet self. The coroner asked her if she was quite sure those were the words used by the prisoner, to which she replied that she said it in such a loud voice, so other people must have heard it too.
Another woman called Mary Ann Lockwood, who had accompanied the previous witness corroborated her evidence. Then Mr Kenyon Parker addressed the prisoner and told her that she could make a statement if she wished, but as she was not represented by a defence counsel he advised her to say nothing, to which she agreed. The coroner summed up for the jury and reminded them that they had a two fold issue to decide. They had first to find the cause of death of the deceased man and secondly to decide who was responsible for it. He said that the fact that the lamp had struck the table, did not alter the legal consequences of the prisoners actions in the slightest degree.
He reminded the jury that several witnesses had heard the deceased man say that his wife had thrown the lamp at him as well as that it had fallen over. They had also heard Mary Ashworth had said much the same thing. The jury retired to consider their verdict and brought back a charge of manslaughter against Mary Ashworth. The prisoner was sentenced to take her trial on the Coroners warrant and was immediately removed from the inquest. Thankfully by the time that Mary was brought before Mr Justice Bigham at the West Riding Assizes in Leeds on Friday 14 December 1906 she was represented by counsel, Mr Yarborough.
Mr Fleming, the prosecution opened the case and related the events of the night of 1 August for the jury. He stated that at the time the deceased man was sober, but the prisoner was drunk as he described the events. The same inquest witnesses gave their evidence as Police Sergeant Matthews related how he had been called to the house with Inspector Watson. He opened his notebook and related how the prisoner had indeed been drinking, but nevertheless he said that she seemed to know what she was doing. She had told him:
‘Jim and me have been having words. He struck at me across the table. I put my hands out and knocked the lamp over. It fell over onto the table and broke and burned him. Some of them say I threw the lamp at him, but that is not true.’
Inspector Watson said that from what Mary Ashworth had said to him, he thought that the incident had been a complete accident. Mr Justice Bigham pointed out to the jury that although the witnesses evidence differed, the last two witnesses were men specially trained to listen to evidence. He also reminded them that Ashworth himself, before he had died had stated that the incident had been an accident. The judge added that in her distress, the prisoner herself might easily have thrown the lamp at her husband. Nevertheless in his opinion the lamp had simply been knocked over. He therefore directed the jury to find the prisoner ‘not guilty’ and Mary Ashworth was thankfully discharged.