When to Interfere between a man and his wife?

On Sunday 9 September 1900 around 3 am, Police Constable Barnett was on duty at New Denaby, Rotherham. It was very quiet, as one would expect at that time of a morning, when suddenly he heard the sound of a woman’s screams coming from the house of an elderly couple on Loversall Street. They were called Mr and Mrs William White and the constable knew that at that time they had their daughter and her husband staying with them. The cries of the woman screaming out ‘murder’ at the top of her voice penetrated the quiet streets, so he ran to the house. As he was approaching he could clearly hear the sound of heavy blows.

The officer hammered on the door and shouted out ‘Police’ until he could gradually hear the steps of someone coming down the stairs. A voice he recognised as Mrs White’s shouted out to enquire who was there, so he hammered on the door once more and demanded admittance. When the door opened, Police Constable Barnett identified himself and told the woman that he had heard screams coming from the house, but Mrs White denied there had been any screams or shouts of ‘murder.’ Then the officer heard Mrs White’s son-in-law, a man called William Henry Freestone telling someone upstairs ‘I’ll kill you, you bitch: I’ll murder you.’ However after that it all went quiet, so eventually the officer returned back to his duties.

However he was determined to keep an eye on the house for any more disturbances. Just a few minutes later PC Barnett once more heard screams coming from one of the upstairs rooms at the same house on Loversall Street. Once again he hammered on the door with his fists, but no one came to the door this time. Frustrated, but knowing that there was little he could do, the constable simply reported the incident to his sergeant when he returned back to the station at the end of his shift. He was relieved by Police Constable Kilner, who after his colleague’s report, made a mental note to check on the house at some point that morning to see if there had been any trouble.

Accordingly around 10.30 am he found himself in the area of Loversall Street, so he proceeded to the house. The door was opened by Mrs White and she invited the officer inside. In the main room was Mr White, smoking his pipe and their daughter, Mary Elizabeth Freestone lying on a sofa before the fire. The woman appeared to be badly hurt and she seemed to be having difficulty in speaking. PC Kilner insisted that she see a doctor immediately and he summoned Dr McClure to the house. The surgeon examined the injured woman and told her husband categorically that his wife had received a beating from someone. However William didn’t reply, although he hung his head.

Dr McClure told the constable that he would need another opinion and he called for the services of his assistant. When he too agreed that Mary Elizabeth had been badly injured by someone, William Henry Freestone was arrested and taken into custody. Dr McClure instructed Mrs White to not allow her daughter be moved from the sofa, and said it would be best to leave her there. On the way back to the station, William Henry asked PC Kilner what he was going to be charged with, the officer replied that he would be charged with unlawfully wounding his wife. The prisoner pointed to his heavy black work boots and admitted that he had kicked her with those same boots. Freestone added: ‘if she had given me the bottle of rum I should not have done it.’

On Monday 10 September 1900 William Henry Freestone was brought in front of the Doncaster West Riding magistrates charged with the violent assault on his wife. Mary Elizabeth was not in attendance as she was still under the direction of Dr McClure. However her mother Hannah Maria was the first witness and she told the court that her daughter and son-in-law had been living with them for some time. She described being aroused from her sleep by her daughters screams the night before. Mary Elizabeth was crying out ‘Mother, mother come here, or I shall die: murder, murder.’ Her husband refused to interfere between his daughter and her husband, so the witness said she got up and lit a candle before going into her daughters bedroom.

Hannah said that when she opened the door, she saw her daughter was lying on the bed and William Henry was standing over her and ‘thumping her on the head with his fists.’ The witness told the court that as a result there was blood on the sheets, the blankets and the bedroom floor. An argument followed before Hannah said she left the couple alone, telling them to go to sleep and ‘let the house rest.’ She got back into bed, but it was not long before she and her husband were roused by another disturbance coming from the bedroom again. Once again the poor woman lit the candle and went back into her daughters bedroom.

Once again she saw the prisoner beating his wife and saw that her daughters head and body were black with bruises. After listening to her account, one of the magistrates questioned her as to why she would not let Police Constable Barnett enter the house on the first occasion when her daughter was being attacked. Hannah told him that she hoped by doing so, her son-in-law might become quiet, as he had done on previous occasions. However she claimed that she had not heard the officer knock the second time, but said that if she had heard him knock she would have let him enter. After some discussion, the magistrates ordered the prisoner to be remanded in custody for a week, in the hope that his wife would be well enough to attend the court.

Accordingly William Henry Freestone was brought back into court on Monday 17 September 1900 and thankfully this time Mary Elizabeth was present. She described the attack at her fathers house which had started around 3 am. The poor woman said that she had awoke to find her husband leaning over her to reach a bottle of rum which was on a side table. The witness said that she tried to stop him, but he pushed her roughly away. Mary Elizabeth said that after drinking heavily from the bottle, he commenced to beat her for no reason at all and she screamed out for her mother. Mary Elizabeth then went on to describe in horrific details how the prisoner had thumped her in the face, jumped on her body with his knees before telling her ‘next time I will murder you.’

There was silence in the courtroom as the witness described how her husband had struck her on the face, shoulders and in her sides. She said that at one point she managed to get away from him and run downstairs. However on reaching the living room she fell down and he picked her up and threw her onto the sofa. Mary Elizabeth told the court that at that point she thankfully became unconscious. Finally she admitted that she had been cared for most assiduously by Dr McClure. After hearing all this terrible evidence, the magistrates found William Henry Freestone guilty of the charge of the unlawful wounding of his wife. Accordingly he was sentenced to just three months imprisonment.

Thankfully Mary Elizabeth had the courage to apply to the magistrates for a separation order which was granted. As a final humiliation the prisoner was ordered by the magistrates to pay his wife 7s 6d a week maintenance. However throughout the recording of this account it was clear that at no time did her father interfere. It was a prevalent belief at that time that no one should come between a man and his wife, even when Mr White could see for himself, his own daughter being treated so cruelly.

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