MANCHESTER COURT RECORDS - Plus brief details of other local courts.

DO YOU have any black sheep in the family or any other skeletons in the cupboard? Well this may be the place to look to see if it is possible for me to access to any records that might reveal your relatives life of crime. As the great George Bernard Shaw said; "If you cannot get rid of the family skeleton, you may as well make it dance." If you have landed on this page via search engine and you have not found what you were looking for, just take a few minutes to look around the site. There is a vast amount of information here about Manchester and the surrounding districts. If you follow this link you may find a few facts about Manchester that you did not know.

A senior member of the Legal Profession has asked permission to use some extracts from this page as a source for a training lecture for criminal lawyers.

I now have access to the vast majority of England & Wales Criminal Registers from 1791-1892. I also have access to many of the various other Lancashire Hundred Quarter Sessions (including the Salford Hundred) which are held at Lancashire Record Office. The majority of records described here are available at Manchester Archives and will be available to be viewed at the new temporary home (from June 28, 2010)in Marshall Street, the current location of GMCRO.

ASSIZE COURTS

Serious offences were dealt with by the Assize Courts. Manchester came under the jurisdiction of the Lancaster Assize Court until 1864. On July 26th of that year the first separate Assizes for the Salford Hundred were held at Manchester. The correct name for them was the Salford Hundred Assizes, but papers of the time referred to them variously as The Manchester Assizes, The South Lancashire Assizes or even as the Crown Court. It was replaced by the Northern Circuit. Assize court records are held at the National Archive, however it is possible to consult list of persons accused between 1882 and 1964. There are some gaps. These are held at the Greater Manchester Police Museum. I now have access to the vast majority of England & Wales, Criminal Registers, from 1791-1892. The following is an extract from the Manchester Courier from 1825.

John Cronshaw, John Garin, Henry Parkins and Joseph Diggins were charged with having assaulted Mathew Sykes, at the corner of Lever St, Manchester, on the night of the 30th January, and robbing him of his watch.

The prosecutor and a Mr John Campbell, coachmaker, who accompanied him, proved the facts ( which are fully reported in The Courier of the 5th February). A woman named Sarah Bothery, who happened to be standing close by when the transaction took place, proved that it was another man, who is not in custody, that took the watch, but that the prisoners were all of his party, as she believes. Upon further examination, she said, she could not undertake to swear positively that the prisoner Parkins was one of the number. Richard Howcroft, a watchman, and Benjamin Battye, one of the police, proved having taken all the prisoners into custody together. the prisoner Gavin, said in his defence that the man, Thomas Matthews, [who had been sentenced here earlier] was the person who took the watch. The prisoners called some witnesses to character.

Mr Norris recapitulated the evidence, and explained the law on the subject, by which, persons aiding and abetting in the committing of a felony were equally culpable with the person who actually did it, and the question the jury would be to consider, if from the evidence they were satisfied that the prisoners were so aiding and abetting. The jury found all the prisoners guilty.

The learned Chairman in passing sentence on the prisoners, remarked that the crime for which they had been guilty, had increased to am alarming extent, not withstanding the vigilance of the police, and the number of convictions for similar offences. The prisoner, Cronshaw, having been three time before convicted, gave no hope of ever becoming an orderly or a useful member of society. The sentence of the court upon him, therefore, would be, that he be transported for the term of his natural life: and upon the other prisoners, that they be imprisoned and kept to hard labour for the space of twelve calendar months.

MANCHESTER QUARTER SESSIONS

The name of the court implies that the court met four times a year. In Manchester's case it usually met at least six times per year. These extra court sessions were called the Intermediate Sessions. Sad to say, the larger the population, the more crimes that were committed. The City of Manchester was first granted its own Quarter Sessions in April 1839. Prior to that cases were tried at the Lancashire Quarter Sessions. Most the records of which are held at Lancashire Record Office, although some of the order books are on microfilm at Manchester Central Library. Other limited records for this court are also at Manchester Central Library. Records for the Manchester Quarter Sessions are available from 1839 until 1951.These courts and the Petty Sessions (see below) were under the control of the Borough, and later, the City of Manchester.

This is an example of a Bill of Indictment against a prisoner from the Quarter Sessions Court records held at Manchester Archives from the Sessions dated 14th February1851.

In the margin, the Foreman of the Grand Jury had signed to acknowledge that this was a True Bill of Indictment.

Borough of Manchester

THE JURORS for our Lady the Queen upon their Oath present, That Thomas Williams of the borough of Manchester in the County of Lancaster, Labourer on the 26th day of January in the fourteenth year of the Reign of our Sovereign Lady Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, with Force and Arms, at the Borough aforesaid in the County aforesaid and within the jurisdiction of this Court did tender one piece of false and counterfeit Coin, resembling and apparently intended to resemble and pass for a Piece of the Queen's current Silver Coin called a shilling unlawfully, unjustly, and deceitfully did utter and put off to one Ellen Drake knowing the same to be False and Counterfeit: in contempt of said Lady the Queen and her laws: to the Evil Example of all others in the like case against the Form of the Statute in such Case made and provided, and against the Peace of our said Lady the Queen, her Crown and her Dignity.

MISDEMEANOR No 9

Tried Guilty six calendar months with hard Labour

WS Rutter

Attorney

On the rear side of the bill was a list of witnesses who appeared in this case: Ellen Drake; Ellen Fielden, Thomas Wilson P C; Jane Smith; John Beresford P C and Richard Beswick, Superintendent of Police. I have made a note of his entry in the New Bailey Prison Register on the appropriate page.

ANOTHER good source of information about the courts are the local news papers. Sometimes their reports were not about the actual court cases themselves but rather reports of what some of the Court officials had to say. Here is an example of such a court report from the Manchester Guardian of 17th May 1866. I'll let you make your own mind as to the validity of the Recorder's comments.

MANCHESTER INTERMEDIATE SESSIONS

The sessions commenced yesterday before the Recorder H. W. West Esq. There were also present Alderman Wallert and Messrs W.R. Callender and F. Morley. The calendar contained the names of 27 prisoners, of whom 24 are charges of felony and the other three for misdemeanours. Of these 15 can read and write, six can read only, and six have no education. In charging the Grand Jury the RECORDER said he was happy to congratulate them on the state of the calendar. There was only a small number of cases to be brought before them, and those cases seemed to him to be of a very ordinary character. He trusted that that condition of things might not be accidental, but that it might really indicate an improvement in the conduct and morals of the inhabitants of this city. But having congratulated them on the state of the calendar, he regretted to be obliged to make one general observation. He could not at all congratulate them of the state of health in this city. Many persons thought that all sanitary care of the people at large could only be taken by the Legislature. He was not of that opinion. Though the Legislature might do much, yet it was quite clear that gentlemen in their position might also to much to ameliorate the condition of the people in all ways. He thought it the more necessary to call their attention to this subject, although he would do very briefly, reserving to himself, the right to go into the matter more at length on any future occasion; because there was no reason to suppose that during this year we might be invaded by cholera. They prayed against it every day, and in the churches on Sunday, and a special prayer had been ordered to be made in the consequences of the fears which were entertained by those who understood the subject, that the cholera might be about to invade this country. He did not think it was necessary for him to point out any special provisions which ought to made with regard to the care of this city and its health, but he could not help mentioning that persons who were by education, wealth and their position in society, raised above the lower orders, were able to do much. He would forbear suggesting the method which each of them might adopt; but he was quite sure that they and all persons in their position in life would do their utmost, both in enforcing amongst their own men, in their factories and the dwellings of those people who lived round about them and near them, the common rules of prudence. Drunkenness was a great cause of ill health, and he might without flattery say that generally speaking the educated classes of this country set a good example to the lower orders. Sobriety was a matter of great importance, but they must also bear in mind that the lodgings of the working classes and the poor, and all matters affecting their morals, health and cleanliness were also matters about which considerable care should be taken. If any took such steps as might appear to them to be desirable in their own spheres to improve the condition of the lower orders, because they could not conceal themselves from the fact that disease did chiefly arise amongst the lower orders, and propagated itself with much greater rapidity amongst them , than amongst the upper classes, he thought that much good would be done, and that they would assist in improving the condition of Manchester. From the returns which had recently been published, and which had been commented upon in the newspapers, this city appeared to be in a condition very inferior to London, which was not supposed to be in a very healthy state. It was unnecessary for him on that occasion to go into this question at any greater length, because probably they were practical men, and would be able to deal with the matter by inspecting their own premises and the dwellings of the persons who were employed by them, and to do this with very great effect. -The Grand Jury dismissed to the performances of their duties. During the day a second court was held before Mr W. H. Higgin, the deputy recorder.

There was no other news of these Intermediate Sessions published in this edition, or in the following day's edition. As a former print worker, I also find this article interesting from a typographical point of view. Unless some of the names are spelt incorrectly, there are no spelling mistakes in the body of the text. That was certainly unusual for The Guardian of the 1970s and 1980s. Another point mildly worth making is that there are no paragraph breaks, probably in an attempt to cram as much text as possible into the small number of pages that made up the newspapers at this time.

A report from the Manchester Courier in 1934 reveals an early example of the cosmopolitan nature of Manchester. I think it also makes an interesting comments on the times.

ITINERANT MUSICIANS - The itinerant musicians who annoy the ears of the king's lieges in Manchester by tormenting catgut, and murdering the "Huntsman's Chorus" on the grinding organ , are at last fallen under the official lash of Mr Thomas, our excellent deputy constable. that gentleman has ordered the whole of the police corps to chase the unlucky harmonists from the streets, and consequently since that order was promulgated our ears have been spared the castigations of hearing their execrable music. Three unhappy Italians, however, named Lewis Verdon, Lewis Gasparino and Joseph Jespie, on Wednesday fell into the hands of Sawley, the Beadle, and the following day were placed at the dock of the New Bailey, and sent to recreate themselves seven days each on the treadmill. (We think that the Magistrates and Deputy-Constable ought to find more profitable employment than that of sending poor itinerant musicians to gaol. Editor).

MANCHESTER CROWN COURT

The Assize Court and the Manchester Quarter Sessions were replaced by the Crown Court. Manchester and Liverpool were the first two locations to adopt the Crown Court system. The rest of the country fallowed some years later. Calendars of prisoners are available from 1956 until 1960 and contain some very useful information.

MANCHESTER PETTY SESSIONS

Also known as Magistrates or Police courts. These courts met on a daily basis dealing with civil matters such as adoption, child maintenance and illegitimacy or bastardy as it was more commonly known. The jurisdiction of this court was within the boundaries of the Borough/City of Manchester. They also dealt with misdemeanours and felonies. In more serious cases, people were committed to higher courts. Some records from 1839 until 1970 are available (M117), but a great source of information are the local papers. Here are some extracts, again from the Manchester Courier of 1825.

Ann Battye, charged with stealing a ham from a shop, into which she went, on pretence of buying something, was committed.

Matthew Shaw, the brewer at the Bull's Head Inn, in Manchester, in Market St, was charged with having taken some articles of wearing apparel, and money to the amount of 5s. 3d. out of the hostler's box at that inn. A person named Goodall proved that the prisoner left a bundle with him, and the prosecutor identified the contents of the bundle as the articles he had lost. The Prisoner was committed.

A man who stated himself to be an inhabitant of Withington, was charged with having been found in the most stupid state of intoxication, lying in the streets on Saturday night. He had on his person a letter, which explained the nature of his errand. When asked what he had to say for himself, the poor man was very much abashed, and acknowledged his "misconduct", as he termed it: alleging, as his excuse, that he, some years ago, had the misfortune to have his skull fractured, and that since then, very little drink was sufficient to render him totally insensible. The worthy magistrate told him, that was a strong reason why he should abstain from dinking at all, and after some further admonition, ordered him to be discharged: recommending to him at the same time to make all possible haste home, as his friends and neighbours would be dragging the rivers for him, under the supposition that he was lost. Our readers will be surprised to learn that this most expeditious messenger was dispatched to fetch a midwife to a woman in labour.

The applications for warrants and summonses were this day as numerous as usual: but there was no other case of the least interest before the Bench.

MANCHESTER COUNTY PETTY SESSIONAL DIVISION

An increase in the population in both Manchester and Salford necessitated the creation of the above division in 1868. The courts were held at the then newly built Strangeways Court. Greater Manchester County Records Office holds some of these records, but the bulk of them are held at Lancashire Record Office (ref; PSMA). The jurisdiction of the court was outside the boundaries of Manchester and Salford and the areas covered in 1885 were: Barton-on-Irwell, Blackley, Burnage, Chorlton-cum-Hardy, Clifton, Crumpsall, Didsbury, Failsworth Flixton, Gorton, Great Heaton, Heaton Norris (that part outside The Borough of Stockport ), Levenshulme, Little Heaton, Moss Side, Moston, Newton Heath, Openshaw, Pendlebury, Prestwich, Reddish, Stretford, Urmston, Withington and Worsley. (See here for a map of the changing boundaries of Manchester from 1838 to 1931.) In 1908 the division consisted of Barton, Clifton, Davyhulme, Failsworth, Flixton, Gorton, Heaton Norris, Irlam, Levenshulme, Pendlebury, Prestwich, Stretford, Swinton, Urmston and Worsley.

OTHER LOCAL MAGISTRATES' COURTS

Altrincham: records held at GMCRO (ref: A/TRAFF).

Bolton Borough: records held at Bolton Archives (ref: JBO).

Bolton County: records split between Lancashire Record Office (ref PSBO) and Bolton Archives (ref: JLA).

Bury Borough: records held by GMCRO (ref: A17).

Bury County: records held by GMCRO (ref: A17).

Dukinfield: records held by Cheshire Record Office (ref: QPDu).

Heywood Borough: records held at GMCRO (ref: A17).

Hyde: Records held at Cheshire Record Office (ref: QPH).

Middleton Division: records held at Lancashire Record Office (ref: PS sub refs PSMD and PSMI).

Middleton and Heywood: records held at GMCRO (ref: A17).

Oldham: records held at GMCRO (ref: A/OLD).

Rochdale Borough: records split between GMCRO (ref: A/ROC) and Lancashire Record Office (ref: PS sub ref PSRO).

Salford City: records held by Salford Magistrates' Court.

Stalybridge and Tameside area: records held at Tameside Local Studies and Archives. These records are yet to be catalogued having only been recently released by the Courts. Areas included are Hyde, Ahton and parts of Dukinfield. For further details contact the Archivist.

Stockport: records held at Stockport Heritage Library (ref: MC). These records of the Stockport Division of the Cheshire County Court, the Stockport Borough Court and the combined court post April 1974. The Borough records cover Stockport, Brinnington, Cheadle, Edgeley and Heaton Norris. Other parts of the Metropolitan Borough of Stockport are included in the County Court records. After the creation of the Metropolitan Borough of Stockport in April 1974 all parts of the borough are included in combined Court Registers. Records over 100 years old are not open unless permission has been given in writing by the Magistrates Court. Requests for access/information should be made to, Clerk of the Justices, Stockport Magistrates Court, Court House, Warren Street, Stockport, SK1 1UE. I think it would be advisable to contact them before travelling to Stockport.

MANCHESTER COURT LEET

This was only abolished in 1846. Until this date Manchester was under the control of the Lord of the Manor. It was the ancient Court for the Manor of Manchester. The records from 1552 until 1846 have been published and copies are held at Manchester Archive and Local Studies.

BOLTON AND SALFORD SESSIONS

Male Felony Registers are available for the above courts from Jan 1863 to Dec 1872. They contain similar information as that included in the Strangeways registers but are for those who committed serious offences. Through exhaustive research of this register, I have discovered that it was in fact the Felony Register for the New Bailey Prison and Strangeways Prison. In it were found the records of the men who were charged with the murder of Charles Brett. Three of these men were executed and were later to be known by some as The Manchester Martyrs.

MANCHESTER CORONERS INQUEST INDEX

This is a fabulous resource, a real hidden gem. I just cannot understand why researchers have not publicised this material. Although no early Inquest Reports survive, Greater Manchester County Record Office have an index of Inquest from as early as 1918. The later records are closed, it is not possible to view this records, but most of the information should be available on request. These records are name indexed.

Listed below are the various column headings in the index. The book has the very snappy title of Manchester Constabulary Detective Department Daily Records of Inquests

Hour and date of receiving information of death.

Deceased name, or description if name unknown.

Residence.

Age.

Place where deceased found, or when the occurrence took place which was the cause of Death.

Officer attending Inquest

Hour and Place where the bodied was viewed.

Name and Residence of Jurors [minimum 7, maximum 11]

Place where the inquest was held.

Cause of death.

Verdict.

Remarks.

A VIEW FROM INSIDE THE JURY BOX AT THE NEW BAILEY COURT - 1868

The following is a personal account of what it was like to be a member of a jury at this court in 1868. It contains several interesting facts that about service on a jury and the thinking, or lack of it, behind some of the decisions reached by juries. When I have been researching the prison registers, I have often scratched my head about some of the sentences metered out by the courts, the author seems to concur, partly at least, with some of my thoughts. It is also an interesting insight into the "privileges" of being a juror at this time. The account is taken from Odds And Ends Volume XV 1869 which was the magazine of the St Paul's Literary and Educational Society (M38/4/2/15). The majority of this piece has little punctuation, for ease of reading I have added some.

In the Jury Box 1868 by Thomas Sands

In the month of May in the present year a Session of the Peace was holden at the New Bailey, Salford, it was remarkable as being the lightest and the last ever held in those old walls. At the Session the writer sat as foreman of the jury.

It is intended in this article to give the reader a general idea of the impressions received in our moral occupation. One or two words on the New Bailey itself, it is no doubt familiar to most readers of this Magazine, not that any of them have been incarcerated therein, but its sombre appearance, its lofty walls and threatening bastions are things to be had in remembrance.

The Irwell flows by its front, a turgid stream, the very impersonation of crime, as black as night, pursuing its tortuous course like a detected robber when the Law is on his back. Over the front entrance there is a felon's manacle in the form of the letter "M" to denote the misery in chains and about the whole place there seems to hang an atmosphere of gloom and ponderosity (sic) akin to what one feels when afflicted with [a] nightmare.

But our business is not with the outside but within, let us enter the room used for the trial of prisoners. It is a dingy uncongenial place and smells of damp and policemen, there is a great uncomfortable gallery for the audience and a very comfortable bench, well upholstered and in [the] form of a semicircle for the presiding and committing magistrates, on the left is the witness box and directly opposite to this, the Jury Box, narrow seated and high backs like some very old fashioned church pews. Opposite the eyes of witnesses are the word " Thou shalt not bear false witness against thy neighbour" painted in conspicuous letters. In the centre are the lawyers, wigged and gowned, and right in front of the Judge is a square box- like concern covered with wire gauge and resembling an outside meat safe. This is the Dock, and standing beside it is a red-whiskered clean shaved warder, with a head the roundness and consistency of a bullet, who nevertheless handles those in his charge kindly considering their antecedence.

The administration of the law to the punishment of evil doers is the only object aimed at in the arrangement of the court and we believe it is attained with full effect.

The first thing that strikes a jury man is the wearisome monotony of the customary oath with its endless " Well and truly try and true deliverance make between our Sovereign Lady the Queen and the prisoner at the bar whom we have in charge, so help you God" (sic), repeated twelve times over at the commencement of every trial, however trivial.

The cases tried were mostly for petty felonies such as robbing a hen roast, stealing a bag of cotton waste, stealing lodgers' apparel, defrauding employers by robbing tills and such like, yet to defend such cases as these the brightest legal talent that Manchester can provide, a hard hearted mechanical fellow read the indictments to the prisoners and demanded whether they were guilty or not guilty. No antecedent circumstance was allowed to weigh with the jury in their decisions, each case was of course tried upon its own grounds of evidence and considering some of the sentences, they seemed out of all proportion to the crime committed. For instance one young woman aged 28 was sentenced to seven years penal servitude for stealing a string of coral beads from a child's neck and throwing a half brick at another woman that detected her, but on conclusion of the trial it was announced in court that ten other previous crimes had been proved against her; but in no case was the previous character of any prisoner communicated until the jury had pronounced their verdict, and thus their minds were kept free from prejudice.

Of course we went to work with very high notions of the importance of these duties we had to discharge as one of the "Honest British Twelve" supposed to be endowed with a large share of human penetration and determined to serve their country to the best of their ability.

The Judge, Mr Alfred Milne, has a genial and good natured face, he had a word for every prisoner, of reproof, of encouragement, or of kindness as the case might require. He is a good lawyer and we believe his judicial awards are well appointed to the offences.

At the Bar were the late Ernest Jones, Mr J B Torr "the High Tor" as we must announce him, Mr Corbett, Mr Collingham, Mr Leresche and others of similar standing, and it did to us appear to be a waste of forensic power for these gentlemen to be wrangling over a disputed cab fare, the stealing of a watch, theft from a drawer and such like offences. Dull dreary work all this and it was not perhaps unnatural that the sorriest pun perpetrated by Counsel should convulse the court with laughter and give relief to us all.

Juries are composed of queer materials, men of all qualifications, addled headed crotchety fellows who can see no farther than their own nose end are jostled together with sharp eyed, quick witted, intelligent men. They are selected indiscriminately from those who have accumulated a little property, or obtained a position a trifle above their fellows, they may happen to be solons or they may (which is more likely) be fools, and as may be expected queer verdicts are arrived at sometimes. One Jury returned a verdict of " not guilty" and appended to it "they hoped the prisoner would not do it again", another "If the prisoner committed the crime he was guilty but if he didn't, why then he wasn't", and a third "Guilty and serve him right for being catched" and a fourth " Guilty but recommended to mercy on account of his previous long imprisonments".

Jurymen ought to be selected from the middle class of society, men of leisure and a moderate amount of intelligence. This is indefensible (sic) as they often have intricate dealings to unravel, a couple of lawyers to confuse them and a number of witnesses giving conflicting evidence which they must sift and winnow, they have to weigh probabilities, assess motives, and give a conscientious verdict according to the evidence before them. A man must have his head put on the right way and keep his wits about him to discharge this duty well, if not he may send an innocent man to prison and perhaps ruin him for life.

At the close of the Session the Jury were thanked for their services and of course complimented on their intelligence and discharged. We had given our time and talents, we had served our Queen and Country and we paid a shilling for a certificate exempting us from a similar service for the next two years, which we did not think was quite fair considering your services are gratuitous and you are fined five pounds a day for refusing to serve and in [the] case of a long trial you are locked up and fed only bread and cheese, never mind, let us hope British justice was duly administered and we had the satisfaction of contributing thereto.

Jurymen have the privilege of looking through the prison and we availed ourselves of it, tasted the "skill and wack", saw the "crank" and the prisoners in solitary confinement at their dreary and melancholy work weaving cocoa-nut mats, gloom and misery everywhere, some prisoners were carrying cans of water in the yard for the cooking department, but on our approach they put down their cans and stood still with their faces thrust to the wall, such is the rigour of the discipline enforced.

It was saddening to read such an announcement as the following written on a card:

John Smith

Felon

February 8th 1868

February 8th 1869

These are nailed on each cell door and indicate the name of the occupant with his time of servitude.

Scarcely do the prisoners notice your presence, they seem settled down in a moody speechless hypocondria (sic), it is a sight to make one sorrowful.

The other places of interest are the graves of the murderers* and the whipping post, which latter has been freely used of late in cases of garotting (sic) or personal violence and we believe with the most satisfying results, it is only right that these criminals should feel some of the pain they inflict on their victims, since the lash has been used garotters (sic) are seldom heard of.

We have finished, and hope to be delivered from all further contact with trials and prisons, it may seem a little presumptuous but we venture to say it, that the only berth we would care to have about the whole concern is that of the Judge.

*These would have been the graves of James Burrows, William Gould (aka Michael O'Brien), William Omeara Allen (aka William Philip Allen), Michael Larkin, Miles Weatherill and Timothy Faherty. Gould, Allen and Larkin were collectively known as the Manchester Martyrs for details see here. For details about the other three men see here.

SOURCES; MANCHESTER ARCHIVES AND LOCAL STUDIES and GMCRO and other local repositories.

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Last update: 8th July 2010