On Friday 29 November 1907 around 10 pm, twenty one year old Bill Durose and his step-sister Susannah Davies were on their way to visit their parents at Cross Street, Whinney Hill, Thrybergh. Bill had been drinking heavily and therefore Susannah wanted to make sure that her step-brother reached home safely. Reaching the house, the pair let themselves in, going through the front door, along the passage into the kitchen. It was a short distance, nevertheless Susannah was forced to help Bill, who was so drunk that he could scarcely walk along unaided. Once inside they found Bill’s father, Charles Durose and Susannah’s mother sat in front of the fire.
The elder Durose was a fifty six year old collier who was employed along with his son at Silverwood Colliery. He was described as being a powerfully built man and Susannah’s mother lived with him at the house, although she and Charles were not married. Between them they had five children. There was Charles junior, William or Bill as he was called, as well as two daughters, Lizzie aged 15 and Lydia, aged 13 years. Finally there was another unnamed son who was aged just nine years. On that particular day, it seems that Charles and Susannah had been into Rotherham to spend £3 compensation money that he had received. This was following an accident at work which had kept him at home, unable to work for three weeks.
However once some clothes were bought, the couple who were both heavy drinkers, spent the rest of the day in the several pubs of the town, returning home just before 10 pm. Entering the house, Susannah noted immediately that neither Charles or her mother looked particularly sober. Once inside the kitchen, Bill sat down on the hearth as it was a cold night and his father sat in an armchair close by. Almost immediately his father started to kick out at Bill telling him to move, as he was blocking the warmth from the fire. However when Bill laid down on the hearthrug and closed his eyes, Charles became even more annoyed.
When Bill still refused to move, his father kicked him again until his son finally stood up and rubbed his hands complaining at the same time that he too was cold. Then matters took a turn for the worst. At that point Charles stood up to get another beer from the sideboard, but somehow instead he fell back into the armchair. This went over backwards leaving him and the chair sprawled on its back on the kitchen floor. Bill immediately started to laugh, but by now furious, the elderly man jumped to his feet and lashed out at his son with his fists. In his own mind he was convinced that Bill had tipped the chair backwards somehow.
The blow landed on Bill’s cheek and his son quickly moved to retaliate. An argument quickly ensued as father and son struggled together. Susannah, trying to prevent the fight getting out of hand, stood between Charles and her brother and for her pains received a blow on her right temple. One of the younger girls, Lizzie then got upset and she ran out of the house screaming, as Charles continued to curse and swear at his son. She was quickly joined by her sister Lydia, who were both afraid that the row had got so quickly out of hand that they both began to cry. When a neighbour came out to find out what was the matter, Lizzie told him ‘our Bill has kicked my father under his jaw.’
Susannah came out to comfort her younger step siblings and the three girls, stood outside in the cold for about five minutes, as the sounds of the argument continued inside the house. When they finally went back inside, it was to find Charles unconscious on the floor and Bill standing over him, breathing heavily. As a result, the two young girls were dispatched to fetch Police Sergeant Rowe and Police Constable Stones who were on duty not far away. After hearing the girl’s tale, the two officers immediately went to the house where they saw Charles lying on the floor. Sergeant Roe went over to the body and found the man was dead.
A doctor was immediately called and Dr John Ewing Adams attended the house around 11.35 pm. However by the time he arrived all he could do was to confirm that Charles Durose was indeed dead. The two officers noted that throughout their visit and that of Dr Adams, that Susannah’s mother stayed sitting at the kitchen table almost stupefied with drink. The sergeant could not help but notice that the poor woman had a black eye from an argument which had taken place a few days previously. The surgeon examined the deceased man and noted a slight wound over his left eye and a more serious bruise behind the man’s ears.
Needless to say Bill Durose was taken into custody charged with causing the death of his father, and the next day, Saturday 30 November he was brought before the West Riding Court at Rotherham. Superintendent McDonald of the Rotherham police gave the court a description of finding the deceased man lying on his back in the kitchen, as well as describing the state of the room with the broken chair and a damaged fender. The superintendent then asked for a remand for the prisoner until after the inquest and a post mortem had be held, which was granted. Consequently, the Sheffield Deputy Coroner, Mr Kenyon Parker arranged for an inquest to be held at the Grapes Hotel at Dalton on Tuesday 3 December.
Mr Parker opened the inquest and informed the jury that it was their duty to identify any person or persons who were responsible for the death of the deceased man, Charles Durose. When Susannah stood to give her evidence, the mark of the blow she had received in trying to separate the two men was still visible on her temple. The witness told the jury that her mother and Charles Durose had been living together for twenty-seven years as man and wife. She described the events of the evening in question and was asked by a juror if the father and son had argued before. Susannah told him that there had been frequent quarrels over the previous year, which were usually exacerbated when both the men had been drinking.
She was followed by the surgeon who attended to the deceased, Dr Adams. He stated how the man was clearly dead by the time he arrived at the house. He informed the inquest that he had undertaken the post mortem and described the wounds he had found. Dr Adams said that internally Charles Durose’s organs were quite healthy and there was no fracture of the skull. However, he concluded that the most serious injury was the large swelling below and behind the deceased man’s left ear. He concluded that death was a result of shock from the injury, which had caused bleeding at the bottom of the brain.
The next witness was Police Sergeant Rowe of Wickersley who related how, when he found the elderly man was dead, the prisoner immediately said ‘If he is dead then I have not killed him, he fell off the chair. There has been a right row here tonight.’ The coroner then summed up for the jury and stated that it was very clear that all the parties involved had been drunk at the time. The jury retired in private for just ten minutes before returning a verdict of manslaughter against Bill Durose. On hearing this, the prisoner burst into tears and had to be helped out of the room, before being removed to the cells at Rotherham.
When he was next appeared before the magistrates again on Wednesday 11 December, thankfully he was now defended by solicitor, Mr W J Bradford. His defence stated that when the prisoner was in the fight with his father, he denied having his boots on his feet at the time. Therefore the statement by Lizzie that he had kicked his father under the jaw could not be true. Instead he suggested that the injury behind the deceased man’s ear must have been caused by his fall. Dr Adams pointed out that there had been a stone sink in the corner of the room and said that might well have caused such an injury.
Despite his defence able attempts, Bill Durose was found guilty of manslaughter and ordered to take his trial at the next West Riding Assizes. These were to be held at Leeds Town Hall on Wednesday 25 March 1908. The prisoner was charged with the manslaughter of his father and he was defended by Mr Bramley. The prosecution Mr Leader addressed the jury and told them it would be for them to decide whether the prisoner had just been defending himself, or whether he was angry and had attacked his father in his turn. He pointed out that if he struck a blow in self-defence then the jury must find him not guilty.
Mr Bramley reminded the jury that the prisoner had taken his boots off before lying down on the hearthrug to sleep. Police Sergeant Rowe confirmed the fact that when he had gone to the house and found the deceased man, that the prisoner had no boots on. They were found by the sink, close to where the prisoner was standing. When asked what he had to say in his own defence, Bill simply stated that even he could not say how his father had got the wound behind his ear. He said that they had been rolling about on the floor and struggling together for a quarter of an hour or so and that at one point his father had got hold of him by the throat.
In retaliation he agreed that he had given him a shove, and that was when his fathers chair went over and Charles lay there and did not get up again. Mr Justice Sutton summed up for the jury and said that if the prisoner had indeed just been defending himself that would not be manslaughter and it would be a verdict of accidental death. He said that the evidence had shown that the deceased was a quarrelsome, violent man and that he was strong, powerful and muscular in build.
His Lordship said that to find the prisoner guilty the jury would have to prove that he had caused his fathers death by some direct act, not in self defence. Nevertheless they would have to say what had caused his death. No instrument had been found or anything to account for the swelling at the back of the deceased man’s ear mentioned by the medical evidence. The grand jury retired to consider their verdict at 3.15 pm and after just thirty minutes absence, they returned with a verdict of not guilty. Bill Durose was therefore discharged, to his own and his families great relief.