Sheffield Independent – Wednesday 21 November 1923
Alleged Murder at Kilnhurst
Assize Trial for Three Members of Family.
A Saturday Night Row.
On a charge of having murdered Patrick Gillespie, miner. Kilnhurst, Rotherham West Hiding magistrates yesterday committed for trial a father, son, and widowed daughter—James Muscroft (56), Edwin Muscroft (19), miners, and Ellen Gilliver, North terrace, Kilnhurst.
The circumstances of the alleged crime, as disclosed evidence given previously, have been given in “The Sheffield Independent.” Mr. R. P. Pashley again represented the Public Prosecutor, and Mr, A. S. appeared for the prisoners.
William Flannery, miner. South terrace, Kilnhurst, son-in-law of the dead man. now said that there had been trouble between the younger members the family of Gillespie and the Muscrofts, but not with Patrick Gillespie.
“Kicked on the Eye.”
On the night of 27 October witness heard shouting in the street and went out. When he got close the Nag’s Head he saw Patrick Gillespie and Edwin Muscroft. The former was lying in the road, and witness went to raise him. As he stooped. Edwin Muscroft kicked him the left eye. Mary Gillespie, widow of Patrick Gillespie, South terrace. Kilnhurst, said that her husband went out about 10.30 on the Saturday night to look for his son Alexander, and the next she saw him was when he was carried home unconscious after having been out five ten minutes.
She sat with him all night, and lie died about 8.45 a.m. the next day without recovering consciousness.
Constable Frank Walker said he received information that Patrick Gillespie was dead at 9.45 a.m. on 28 October, and later asked James and Edwin Muscroft to accompany him to the Police Station. James Muscroft said; “l only pushed him.” Witness advised them not to say anything, as the charge was very serious one.
Railway Station Arrest
He saw Gilliver at 7.45 a.m. 29 October, the London and North Eastern Railway Station at Kilnhurst, and spoke to her. She asked him, “What you want me for, Mr. Walker?” and replied that it was respecting the death of Patrick Gillespie.
He took her Swinton lock-up, and there charged all three together. They made no reply. Witness added that he told the sergeant at ten minutes to twelve Saturday night that Patrick Gillespie had been kicked and was unconscious.
The prisoners, when formally cautioned prior to being sent for trial, pleaded “Not guilty.”