Local solicitor, Mr A Neal was prosecuting the case on behalf of the Society for the Prevention of Cruelty to Children. He began by outlining the case for the bench and described how the two prisoners would regularly send out their two sons at all hours and in all kinds of weather to sell newspapers. In fact, the children were often sent out barely clothed in the worst weather in order for people passing by to buy the newspapers out of sympathy for them. Many times the parents had been warned about sending their children out with insufficient clothing. Mr Neal also described the conditions of the house in which the family lived in a squalid court off Pond Street, Sheffield.

He said that there was only one bedroom in which the two adults and two children shared, although there was no bedding or furniture in the room, just a heap of dirty straw for them all to lie on. The prosecutor accused Swinscoe and his wife of going out drinking and letting the children wander the streets of Sheffield whilst they did so. Mr Neal reminded the bench that this was one of the first such cases to be brought before them and he asked the magistrates to make an example of the couple. Therefore as a deterrent to others, the prosecutor asked finally that the couple be substantially punished.

The first witness was Police Constable Roberts and he told the Mayor that he had been on duty on 23 November 1889 in Arundel Street, Sheffield around 8 pm. He was therefore very surprised to see the two children were still out at that late hour selling their newspapers. Roberts described the seven year old boy as ‘running about nearly naked, despite it being a very wet and rainy night.’ He had no shoes on just a ‘bad’ pair of boots, no cap and very little clothing altogether. The younger son was similarly attired, but in an equally destitute state. Constable Roberts stated that he had visited the parental home, but found no one there and calling again later around 9.30 pm, he found the same empty house.

The officer told the court how he had on previous occasions found the two boys wandering the streets and had taken them back to their home on Pond Street. In fact he complained that he had been doing this constantly for the last twelve months. However each and every time he went to the house, the constable had never seen a scrap of food in any of the cupboards. PC Roberts described the conditions in the house as being ‘not fit for a pig to live in.’ Another witness also in the Sheffield police force, Police Constable Green, confirmed his colleague’s account. He stated that he too had warned the prisoners several times about sending their children out to sell newspapers whilst they went out drinking.

Both officers accounts were also confirmed by Sergeant Stone who also gave similar evidence. He said that the prisoners spent every penny they earned on drink. In fact he claimed that if it was not what the children were given by benevolent neighbours, they would probably have starved to death. Another officer, Police constable Vause echoed both his colleague’s accounts and said that he had been so disturbed that he had reported the matter to his superior, the Chief Constable himself. He had also cautioned the parents, to no effect whatsoever. These witnesses accounts were backed up by the next witness, Police Surgeon William Skinner.

He told the court that he had attended the parental home on 11 December and had been appalled at the conditions he found. He repeated the scarcity of any furniture in the bedroom and condemned the actions of the parents. When Swinscoe was asked if he had anything to say in his own defence, Henry claimed that the couple did the best they could with the small amount of money coming into the house. When the Mayor asked Henry what he had done for a living, the male prisoner told him that he had started work as a spoon and fork filer, but in 1872 he had become a hawker.

The magistrates retired to consider the case and after a long consultation between themselves agreed to commit both parents to prison for one calendar month with hard labour. The two boys were to be removed to the workhouse and to remain there during their parents confinement. I would suggest that life in the Sheffield workhouse was a rare treat for those poor neglected little boys!