Mexborough and Swinton Times March 8, 1929

Lorry Accident.
Driver’s Violent Behaviour after Wombwell Mishap.
Benefit of Doubt.

“This was the most violent prisoner I ever had to deal with,” said a police sergeant at Barnsley on Wednesday giving evidence against Ernest McHugh, a motor driver, of Leeds.

The case was a sequel to a road accident at Wombwell on February 26th. A lorry driven by McHugh in the direction of Barnsley struck a tramcar standing at the top of Mitchell Terrace. The lorry then turned at right angles, knocked down a stone wall and crashed into a row of cottages. The driver and his two mates were hurt. McHugh appeared in court looking pale and ill and his head was heavily bandaged.

McHugh was charged with having been drunk in charge of the lorry, with driving to the public danger and with doing damage to a cell at Wombwell police station. He was defended by Mr. W. H. Hargrave of Leeds who pleaded not guilty on all counts. The case turned almost entirely on whether McHugh’s condition after the accident was due to drunkenness or to shock.

The Accident.

Superintendent Blacker said that defendant, who was in the employ of a Leeds brewery company, was driving a motor lorry towards Barnsley at, 2-35 p.m. on February 26th. When he reached the Halfway House Hotel at Wombwell a tramcar approached from the opposite direction. There was no other traffic on the road, and there was 13 feet between the side of the car and the footpath.

Defendant’s lorry, however, collided with the tram, brushed along the length of it, and did considerable damage. After the lorry had travelled about 15 yards it went completely across the road and through a small wall into some gardens, ending up at right angles to the roadway, with the front of the vehicle in the doorway of two cottages. Considerable damage was done to the stonework.

When defendant alighted from the vehicle, said the superintendent, the driver and conductor of the tram observed that he was drunk. Police-sergeant Dales and Police-constable Hanna took defendant to Dr. Barrett, who would also say that defendant was drunk. McHugh was taken to the Wombwell police station and put in a cell.

Violent Behaviour.

“From that time he seems to have become a complete madman,” added the superintendent. “He broke twelve panes of glass in the cell, tore off the lavatory seat and broke it in two. He had to be handcuffed to prevent his doing damage to himself. After about two hours he calmed down.”

Ernest Hinchcliffe, the driver of the tram, said that there was plenty of room for the lorry to pass. The lorry approached at about 15 miles per hour and did not seem to slow up. Considerable damage was done along the side of the car, whilst the platform fender and vestibule were also damaged.

Cross-examined by Mr. W. R. Hargrave witness said the road was not in a “skiddy” condition, but it might have been a little hazardous. Defendant was bleeding from the right temple and right hand. Witness said that he came to the conclusion that McHugh was drunk from his speech and the way he staggered about the road.

“We could get nothing out of him,” added witness.

“Fresh.”

Edna Beardshaw, tram conductress, also said that defendant was drunk.

Tom Flint, a miner, of 9, Pearson’s Field, Wombwell, said that the lorry was travelling very fast.

Superintendent Blacker: What condition was the driver in?

Witness: He was very fresh. (Laughter.) What do you mean by that?—Well, drunk. Witness added that McHugh would not allow an ambulance man to attend to his injured hand.

Cross-exainined, witness said that it appeared to be a case of the lorry having skidded across the road as soon as it struck the tram. Dr. Barrett said that defendant was drunk.

Witness put three stitches into his hand, In answer to Mr. Hargrave, witness did not agree that concussion would cause a man to become responsible.

Police Sergeant Dales said that after having been taken the cell, defendant was alternately crying and screaming. ” I had great difficulty in restraining him.’ said witness, “I had to handcuff him and tie him prevent his doing damage to himself. He threatened hang himself and to do all manner of things. He was the most violent prisoner I have ever had to deal with.”

Doctor’s Theory of Shock.

Mr. Hargreaves, for the defendant, contended that the accident was caused by skid. It was not uncommon for a man to become violent after suffering severe shock. Defendant had been receiving medical treatment, and the day of the accident was beginning to feel ill with influenza.

Defendant said that when the lorry went through the garden wall the stones flew into his face, and he was “covered with blood.”  He had no recollection doing any damage in the police cell.

Two men who were with defendant said that McHugh was sober.

Dr. Mary Donald described McHugh man temperate habits. She thought the defendant’s behaviour the cell was more likely to due to shock than alcohol. He had, she said, been treated for malaria and bronchitis.

On the first charge McHugh was given the benefit the doubt, the Chairman (Mr, J. M. Spencer Stanhope) observing that the Bench had taken into consideration the fact that defendant had driven 19 years without complaint.

On the second charge he was fined 40s. and was ordered to pay damages and costs on the third charge.