Sheffield Daily Telegraph – Wednesday 21 November 1928

An Appeal Upheld.

Staincross Justices to Reopen Wombwell Bus Case.

A King’s Bench Divisional Court, consisting of the Lord Chief Justice (Lord Hewart) and Justices Avory and Acton, yesterday heard an appeal in the form of a case under the Town Police Clauses Act (1847) from the Staincross Petty Sessional Court, near Barnsley.

Mr. S. H. B. Strcatfeild, for the appellant, said the appeal raised two points:

(a) whether the magistrates could allow the prosecution to reopen the case after it had been closed, and

(b) whether the onus was on the prosecution prove that the proprietor of an omnibus had no licence, or whether it was upon the defendant to produce his licence to show that he was qualified.

The case was that Walker v. Burrows, and was an appeal by an inspector against the refusal of the Staincross magistrates to convict the part-proprietor of an omnibus for an alleged offence of plying for hire within the prescribed area of Wombwell without having a licence.

It appeared that the omnibus was going towards Wombwell on May 19th last when a woman boarded it and was handed a ticket marked ‘‘free.” Directly it passed over the boundary into Barnsley, the conductor handed her a ticket and charged 4d. fare.

Mr. Burrows, it was contended, had therefore, plied for hire in Wombwell, but the Bench decided that there was not sufficient evidence, and dismissed the case. Then the appellant asked that the case should be reopened, went so that further evidence could given, but this request was refused, the Bench holding that they were not bound by statute to do so.

The Court now decided that the case should back to the Staincross justices, with instructions to hear all further evidence and determine the case accordingly