Sheffield Daily Telegraph – Thursday 06 December 1923
“The Usual Row.”
Kilnhurst Case—Father and Daughter Dismissed.
Hard Labour for Son.
The trial of the three prisoners in what has become known as the Kilnhurst manslaughter case was heard before Mr. Justice Talbot at the West Riding Assizes at Leeds yesterday. James Muscroft (56), miner, Edwin Muscroft (19), a miner, and Ellen Gilliver (26), all of North Terrace, Kilnhurst, near Rotherham, were charged with the manslaughter of Patrick Gillespie (55), miner, South Terrace, Kilnhurst, on the night of Saturday, October 27th. There was a further charge of aggravated assault on Patrick Gillespie. In the original indictment the charge was one of wilful murder, but this was thrown out by the Grand Jury, who returned a true bill on the charge of manslaughter on the Coroner’s inquisition.
Mr. G. F. L. Mortimer, K.C., and Mr. Macdonald appeared for the Crown, and Mr. W. P. Donald was for the defence.
Mr. Mortimer said that James Muscroft was the father of the other two prisoners, the woman Gilliver being his married daughter. It would be shown that there had been some ill-feeling between them and the Gillespie family for some tune.
Previous Fight.
A fortnight before the date of the tragedy, which had resulted in the present charge, there had been a fight between Anthony Gillespie, a son of the dead man, and Edmund Muscroft, brother of the prisoner, James Muscroft.
On the night October 27th Patrick Gillespie went out apparently to look for his son Anthony. He was brought back soon afterwards with an injury the head. Medical aid was called, but he died the following morning. A post-mortem revealed that death was due fractured skull. Evidence would be called to show that the two Muscrofts were outside the Nag’s Head when Gillespie came along. They spoke to him, and the woman prisoner then struck him, knocking him down. He got up, and was knocked down again by James Muscroft. When he was on the ground Edwin Muscroft kicked him either once or twice on the head.
A Mr. and Mrs. William Flannery, relatives of the dead man intervened. They were kicked and beaten by the prisoners, said counsel, and as William Flannery was picking up Gillespie, Edwin Muscroft knocked him down again.
Quiet When Sober.
Mary Gillespie, the widow of the dead man, said that between the younger members of the two families there had been some ill-feeling for some time. James Muscroft and the witness’s husband, however, had been on the best of terms.
Cross-examined by Mr. Donald, the witness said that when sober her husband was a quiet peaceful man. Though she did not know what he was like outside the house, he was queer inside when he had had a little drink.
David Squires, a miner, of Victoria Street, Kilnhurst said that heard Gilliver say something to Gillespie and saw her strike him. James then knocked him down and Edwin kicked him the head. Witness said he saw the Flannerys coming to help Gillespie, and saw Edwin Muscroft kick William Flannery and also knock Gillespie down again.
Evidence in corroboration was given by Mr. and Mrs. Flannery and by Elizabeth Taylor.
For the defence, Mr. Donald said that the affair was a Saturday night row of a kind usual in the district. At Kilnhurst there were two rows of houses, one in the occupation of English people and the other in the occupation of an Irish colony. Fighting between the two parties was common. The death of Gillespie, continued counsel, was an accident, there had been no intention of killing him and certainly the elder male prisoner had nothing to do with the man’s death.
“No Kicking By Anybody.’*
James Muscroft, in the witness box admitted pushing Gillespie. Gillespie, he said, came up to him and the other two prisoners, and addressing said “You’re the man I want —and at the same time putting himself in a fighting attitude. Edwin struck Gillespie, but did not kick him at any time. Flannerys came and separated us.’” Witness said that neither nor anyone else in the affray kicked Gillespie. There was no kicking by anybody on either side.
Gilliver also gave evidence, confirming her brother’s testimony. Witness’s only part in the fight was striking Mrs. Flannery for calling her English dog.”
Mr. Donald: In these frequent international quarrels, which side does Mrs. Flannery take?
Witness: The Irish side.
His Lordship: But are the English and Irish always fighting there on Saturday nights?
Witness: No. I think it’s mostly among themselves.
His Lordship: You mean the Irish fight among themselves? Yes.
After retiring the jury found James Muscroft and Ellen Gilliver not guilty and they were discharged. Edwin Muscroft was found guilty and was sentenced to 13 months’ hard labour.