EXTRACTS FROM THE SURVIVING FELONY PRISON REGISTER OF MANCHESTER AND SALFORD

PART FOUR

FIRST EXECUTION AT STRANGEWAYS

5936 Michael JOHNSON. When Received:  Offence and When Committed: On the 26^th Dec 1868 feloniously, wilfully and of his own malice aforethought did kill + murder one Pat Nurney. Sentence: DEATH. Age: 20 9/12. Ht: 5ft 2 ½ ins. Complexion, Hair, Eyes: Fresh, Brown, Grey. Trade or Profession: Dyer. Where Born: Bolton. Last or Usual Address: Wood St, Ordsall Lane, Salford. Religion: RC.  Education: N. Single. English Wt In: 8 st 8 lbs. Wt Out: Dead. Mark Etc: Cut corner of left eye, scar back of right hand, two cuts 2^nd finger of right hand. When Discharged or Otherwise Disposed: Executed March 29/6

At 8 o'clock yesterday morning [29th March 1869] Michael James Johnson was executed at Strangeways Prison for the murder of Patrick Nurney in Regent Road, Salford. The execution was conducted in private and according to the form prescribe in the recent statute. Johnson was  only 20 years old, but his character was bad, and the murder fir which he was executed was of an atrocious nature. He became involved in a dispute in a Public House and was ejected. The bar keeper threw him out again and again, and the unfortunate Nurney, who was in the bar, went to the door in order to close it after Johnson had left. This act annoyed Johnson so much, and without provocation drew a knife and Nurney in the groin, severing an artery and causing death in a few minutes. Johnson was arrested the following day.

At the trial many attempts were made to reduce the charge to manslaughter, but the Jury were compelled by the evidence to return a verdict of wilful murder. As is customary, an attempt was made to have the sentence reduce to penal servitude for life, but as there were no reasonable grounds to ask the Crown for clemency, no reprieve was forthcoming. The execution took place at the end of the B wing of the prison. A shed had been erected at the rounded end of the building to house the scaffold and all the other necessary appliances for carrying out the extreme sentence of the law. The shed faced directly towards the lofty boundary wall of the prison. The scaffold was erected at a height of seven feet above the ground and a curtain of black cloth was placed around it to conceal the lower part on the convict's body after the drop.

Johnson passed the night fairly well and received Calcroft [the executioner] at ten minutes to eight without losing his firmness. The short walk from the Condemned Cell to the scaffold did not take long. The Chaplain repeated during the interval the "Litany of Jesus", to which Johnson replied to in a moderately firm voice. At two minutes to eight Johnson appeared on the drop, the only spectators to the execution being six journalists, whose unpleasant duty it was to represent the public. Johnson stood quite still as the hood and rope were adjusted. He prayed with great fervour whilst the Chaplain who was pleading for divine mercy upon him.

Calcroft was unusually expeditious in completing the preliminaries and at exactly eight o'clock the drop fell. Johnson was a very slight figure and had lost much weight whilst in prison. The fall did not kill him immediately and he struggled for a short time. Eventually he hung motionless and life was apparently extinct a minute after the bolt had been withdrawn. The body was left to hang for the customary time and was then cut down, and later in the day an inquest was held upon it, with the formal verdict being returned in accordance with the law. The body was then buried within the walls of the prison, along side the Fenian murderers of Sergeant Brett, whose bodies had been removed from the New Bailey Prison.

FATAL STABBING IN SHUDEHILL

6716. John BERNADOTTI. When Received:  March 3^rd 1869. Offence and Where Committed: Having on the 1^st Feb 1869 wilfully + feloniously + of malice aforethought killed + murdered on John Oldham at Manchester Sentence: 20 Years Penal Servitude. Age: About 24. Ht: 5ft 8 ½ ins. Complexion, Hair, Eyes: Fresh, Brown, Hazel. Trade or Profession: Modeller. Where Born: Italy. Last or Usual Address: 8 Little Stable St, Cope St, Manchester. Religion: RC. Education: R. Single. Foreign. Wt in: 10 st 11 lbs. Wt out: 10 st 4 lbs. Marks etc: Cut fight of forehead, cut on left thumb. When Discharged or Otherwise Disposed: July 13/69 Removed to Millbank.

6717. Joseph RESTRON. When Received:  March 3^rd 1869. Offence and Where Committed: Having on the 1^st Feb 1869 wilfully + feloniously + of malice aforethought killed + murdered on John Oldham at Manchester Sentence: 20 Years Penal Servitude. Age: last April 27 11/12. Ht: 5ft 3 ½. Complexion, Hair, Eyes: Sallow, Dk Brown, Hazel. Trade or Profession: Slater. Where Born: Italy. Last or Usual Address: Carpenter Lane, Oak St, Manchester. Religion: RC. Education: N. Married + 1 child. 3Wt in: 9 st 3 lbs. Wt out: 9 st 0 lbs. Marks etc: 3 cuts right of forehead, 2 cuts on 2^nd finger left hand. When Discharged or Otherwise Disposed: July 13/69 Removed to Millbank.

6718. Bartholomew GALGANI. March 3^rd 1869. Offence and Where Committed: Having on the 1^st Feb 1869 wilfully + feloniously + of malice aforethought killed + murdered on John Oldham at Manchester Sentence: 20 Years Penal Servitude. Age: Last Aug 37 7/12. Ht: 5ft 6 ½ ins. Complexion, Hair, Eyes: Sallow, Dk Brown, Grey. Trade or Profession: Modeller. Where Born: Italy. Last or Usual Address: 8 Little Stable St, Cope St, Manchester. Religion: RC. Education: N. Married + 2 children. Foreign. Wt in: 11 st 0 lbs. Wt out: 10 st 10lbs. Marks etc: Cut left of forehead, several cuts on 2^nd finger right hand, cut on left thumb. When Discharged or Otherwise Disposed: July 13/69 Removed to Millbank.

Three Italian men, John Bernadotti, Joseph Reston and Bartholomew Galgani were accused of the murder of John Oldham. The men were all involved in a fight which took place on the night of 31^st January. John Oldham later died of wounds in the Royal Infirmary. James McIntyre was also stabbed in the same incident. The morning after the incident, John Oldham was able to make a statement to the police.

“I live at Copperas Street, in the city, and being now in Manchester Royal Infirmary, and, as I believe, about to die, I make this as my dying declaration. At about 12 o’clock last night, I was on the corner of Copperas Street, going home, and saw three men coming towards me. I called ‘mother’. The three men were talking to each other and jostling each other. I saw a tall man with a black moustache, and he appeared to take out of his right hand trousers pocket something shinning like a knife. I believe it was a knife. I was passing him on his right hand side, and when I was passing he struck me with the instrument he had in his hand, and I turned round, and when I had done so I was struck by a little man with white trousers on. The little man struck me on the left shoulder, at the back. When the man with the black moustache struck me I felt myself stabbed in the neck. I called out when I felt myself struck, and my brother came out, and I pointed out to him the man with the moustache who had first struck me. I know the man with the moustache well. He lives in Stable Street and makes plaster of Paris figures. I do not know the name of the man with the moustache, but know he is a foreigner. After the man with the moustache struck me he ran towards where he lives, and I lost sight of him because I fell; but directly afterwards when I had been lifted up, I saw the man with the moustache in the custody of a police constable, and I am quite sure he is the man who struck me in the throat. The little man ran away and I did not see him again. When the three men came towards me at first they were on the footpath, and I stepped off to make way for them. I had had three glasses of beer, but was quite sober. I had been talking to James Burns and John McIntyre, and they both stood at the other side of the street as I was struck. When I called out, Burns and McIntyre came across, but I did not see them do anything. I am a confectioner, and I occupy a passage next door to where the man with the moustache lives; and the tenant of the house where he lives has frequently wanted the passage from me. The three men now being before me, I can positively say that the man calls himself John Bernadotti is the man who struck me in the neck as before stated, and the man who now calls himself Joseph Reston is the man who struck me on the shoulders; and the man who calls himself Bartholomew Galgani keeps the house where the prisoner Bernadotti lives; but I did not see him do anything. He did not strike me, and I cannot say he was one of the three men I have spoken as of coming towards me on the footway. I did not see him after I was picked up.”

As they was a most unusual case, as newspapers report: "A Jury of one half foreigners was empanelled to try the prisoners".  At the opening of the Court case there were long legal discussions as to whether this statement was admissible as evidence, as John Oldham made this deathbed statement on the 1^st February but did not actually die until 18th February. Eventually after consultations with a brother Judge, the Judge declared that the statement was admissible as evidence.

Several witnesses, who were in company with the deceased John Oldham, at the time of the attack, or the immediate area when is took place stated the following  facts. Before the attack upon the dead man, Galgani and Bernadotti and another man whose identity was unclear, came along the street. The dead man and a man name Matthews, two of whose friends were on the opposite side of the street, met them on the footpath, and were the first to be assaulted. A fight  ensued between Oldham and the accused and Matthews crossed the street to get out of the way. The scuffle lasted between five and ten minutes. Matthews, who was attacked by Galgani, knocked him to the ground, and went away not knowing that Oldham had been stabbed. One of Oldham's friends, John McIntyre was stabbed in the course of the fight, but by whom he was unable to say. Oldham was taken to by a Police Officer to the Royal Infirmary. The accused man Restron was identified by Elizabeth Hall of Tib St, as one of the people who commenced the attack on the deceased. Bernadotti was ceased by James Oldham a bother of the deceased, and given up to the Police. galgani was arested shortly afterwards. He was very drunk.

PC James Mullins said that he had received Bernadotti into custody from James Oldham, who charge him with the stabbing of John Oldham, upon going further up the street found the deceased lying in the arms of a man called Burns, bleeding from a wound in the neck. Later PC Mullins arrested Bernadotti, who was also in drink and was in possession of a knife. Both prisoner were covered in blood. A third knife was found where the fight took place by a youth called Fishwick.  Mr Pinder, a Surgeon, stated to the Court, that of the tree knives referred to, only the one belonging to Galgani had any blood on it. In his opinion that knife was the most likely to have caused the wound inflicted on the deceased.

At the close of the case for the Prosecution, the Judge asked Mr Hopwood (one of the Prosecutors), if he thought any case for Murder had been made out, as the evidence  clearly showed that there had been a general fight. He also stated that it was impossible to say which party had begun the fight. During the fight a man had been stabbed and killed. Supposing that any one of the accused, had during the fight, drawn a knife, and stabbed the deceased, would that be enough to go to the Jury as evidence of murder?

Mr Hopwood could not say it was. Therefore the Judge said he was inclined to advise the Jury to ignore the charge of Murder against the men in the dock. Then upon the question of Manslaughter, he asked was there any of concert amongst the accused to attack the deceased feloniously with a knife. The Prosecution stated that no other evidence was needed beyond the fact of the affray. There were also aiders and abettors. The Judge replied by stating: "If, before the affray (which commenced with a fight with fists) there was a concert to fight with knives, the case would be one of Murder. But you have just said there is no case of Murder. That assumes there was no previous concert. Is there, then, any evidence of concert during the affray, to fight with knives?"

Mr Hopwood replied: "If two men are engaged in a fight, and other choose to join in it, I submit that they are equally liable for the consequences, when the evidence shows that, in addition to fighting with fists, there was a use of knives." After a lot more legal argument about the  evidence, the Judge gave his summing up to the Jury. The questions they had to consider were : "First, did the prisoners , or any of them, during the scuffle, and in the heat of it, agree to fight as a party; and that a knife or knives, should be used as weapons of fight? If that received an affirmative answer, in point of law each of them was answerable for the act of the others. Secondly, If the Jury were not satisfied that there was no concert between the prisoners in that sense, could they say whether any of them struck the blow which caused the deceased's death? If they came to that question, and thought that  there was  no concert, it would not be sufficient for them to find that it must have been one of the prisoners who struck the blow. They must acquit them all, unless they could which of them it was. To establish common intention all that was required was that any two of the prisoners, seeing the fight and knowing that their companion was using a knife, should have gone to his assistance. Assuming, however, that there was no evidence of concert - could they say which of the prisoners struck the fatal blow? If they found proof of concert, and that one of the three struck, all were guilty; without concert, unless they could say by whom the blow was struck, all must be acquitted; but, if they were able to say which one it was, it was their duty to find him, and him alone guilty."

The Jury deliberated for an hour and a half, and found the prisoners guilty.

The Judge, in passing sentence, said the prisoners had been found guilty, by a careful and impartial Jury, of an atrocious crime. In his opinion each of them drew and used a knife. Had there been no provocation, the verdict would had to have been one of murder, and they would have sentenced to death and executed. Although there was sufficient provocation to reduce the crime, according to English law, below that of murder, yet everyone who had heard the case would believe that he provocation was of the smallest kind. In the fight no serious blow was struck, but they drew their knives and stabbed. Each stab was, as nearly as possible, the cause of death, and it was only a mere accident that McIntyre did not loose his life. This was a frequent crime in the northern counties and it must be extirpated. The case of the prisoners, although one of Manslaughter, was next to Murder.  The Judge stated that he did not care whether stabbing was un-English or un-Italian (he believed it was both); none but the most cowardly miscreants would use a knife when they knew that their adversaries had no such weapons. The sentence upon the prisoners was that they should be kept in penal servitude for twenty years.

DRUNKEN QUARRELL CAUSES WIFE'S DEATH

7416. Benjamin CRONSHAW. When Received:  April 19^th 1869. Offence and Where Committed: Having on the 11^th April 1869 feloniously + of his malice aforethought killed + murdered one Susannah Cronshaw at Manchester. (Convicted of Manslaughter). Sentence: 5 Years Penal Servitude. Age: Last March 39 11/12. Ht: 5ft 9 ¾ ins. Complexion, Hair, Eyes: Fresh, Brown, Grey. Trade or Profession: Tailor. Where Born: Accrington, Lancashire. Last or Usual Address: Miller Lane, Manchester. Religion: Ch. Education: R + W Imp. Widower + children. English. Wt in: 9 st 10 lbs. Wt out: 9 st 3 lbs. Marks etc: Scar on left eyebrow, cut each side of forehead, cut over fight eyebrow. When Discharged or Otherwise Disposed: March 14/70 Removed to Pentonville.

Cronshaw and his wife Susannah lived in a lodging house in Oswald St, Manchester. On the night of 11th May (the entry above clearly state the event took place on 11th April) then went ant drinking and returned about 11.30 pm, both were drunk. About five minutes after they returned home Cronshaw told his wife to give him some money so that he could buy more drink. She refused and Cronshaw punched in in the head. he asked her again, and again was refused. He then kicked here several times in the side. A fellow lodger in the house tried to intervene. Cronshaw told him to mind his own business, and if he did not, he would do him an injury. Cronshaw went out of the house, but returned about ten minutes later and again demanded money from his wife. She refused, but said that she would let him have money for beer in the morning.

For some reason Cronshaw started singing, Susannah joined in. This angered him and with considerable force kicked her three times in the left side. The force of the blows had propelled her into a passage. Cronshaw followed her into the passage, taking a loaf of bread from the table and  hitting her across the head with it. The force of which broke the loaf. The landlord had now put Cronshaw out into the street and Susannah stated that she follow her husband wherever he went. After a few minutes out in the street she collapsed and was taken to the Infirmary where she died about an hour after admission, from rupture of the spleen. The Assistant Surgeon at the Infirmary attributed the rupture of the spleen to the kicks which had been inflicted on Susannah.

The Judge stated that the fact no dangerous instrument had not been used, and the whole complexion of the case, showed that it was not premeditated murder. It was evidently a drunken quarrel, in which considerable violence had been used by the prisoner. The Jury immediately returned a verdict of Manslaughter. The Judge stated that the circumstances of the case were extremely bad. The prisoner's conduct was most brutal, and he should be neglecting his duty if he did not pass upon him a severe sentence. He ordered him to be kept in penal servitude for five years.

ATTEMPTED MURDER AT BLATCHINHWORTH

115. Lewis KERSHAW. When Received:  Oct 18^th 1869. Offence and Where Committed: On Oct 18^th 1869 did unlawfully + feloniously attempt to drown one Sarah Baker by pushing her into the Rochdale canal with intent feloniously + unlawfully + of malice aforethought to kill + murder her at [Blatchinworth]. Sentence: 20 Years Penal Servitude. Age: Last July 25 4/12. Ht: 5ft 6 ins. Complexion, Hair, Eyes: Sallow, Brown, Hazel. Trade or Profession: Factory Operative. Where Born: New Inn, Littleboro, Lancashire. Last or Usual Address: Featherstone, Littleboro. Religion: D. Education: R + W Imp. Married + 0 children. English. Wt in: 10 st 4 lbs. Wt out: 9 st 11 lbs. Marks etc: Lost a upper front tooth, cut 3^rd + 4^th finger left hand crooked (sic), cut inside left elbow. When Discharged or Otherwise Disposed: April 19/70 removed to Pentonville.

The Prosecutrix [Sarah Baker], was a weaver living in Rochdale. On 6th November she was with Kershaw's wife. They were walking to Todmorden in order to seek out work. The accused came upon the two women and asked where they were going. Mrs Kershaw told him where she was going and also asked him for some money. He replied that he had none to give, he had been out of work for six months himself. He offered to go with them to Todmorden, however he was ashamed to been seen with the women and asked them to walk along the canal tow path, while he stayed on the road. The women agreed to this. By the time they arrived at Benthouse Bridge in Blatchinworth Kershaw had become quite aggressive. He was now walking behind Sarah Baker, his wife being a yard or two behind when he grabbed Baker, shouted "Go in there your [ba*tard]," and pushed her into the water. Kershaw then turned towards his wife, who fearing the same fate screamed for her life. An old man named Whiswell was passing by and came to her rescue. Kershaw then ran off in the direction of Todmorden. Sarah Baker was in the water for some nine or ten minutes, clothes had kept her afloat. Mr Whiswell eventually managed to drag her to the bank using part of a nearby fence. She was almost dead.

In Court Sarah Baker and Mr Whiswell were questioned about the above facts. Kershaw in his defence stated that he had no intention of drowning Sarah Baker, they had a squabble and she accidentally fell into the water. The Jury disagreed and found him guilty of attempted murder. The Judge stated that Kershaw was morally guilty of the capital offence, and  it was only through the exertions  of Mr Whiswell that Sarah Baker survived. He was sentenced to twenty years penal servitude.

NOTHING REPORTED

1070. James RILEY. When Received:  Jan 6^th 1870. Offence and Where Committed: Having on the 5^th Jan 1870 feloniously + violently assaulted one Elizabeth Hall + then violently + against her will feloniously did ravish + casually know her. Sentence: 10 Years Penal Servitude. Age: About 40. Ht: 5ft 7 ins. Complexion, Hair, Eyes: Sallow, Dk Brown, Grey. Trade or Profession: Shoemaker. Where Born: Cavan. Last or Usual Address: Tipping St, Ardwick. Religion: RC. Education: N. Married + 4 children. Irish. Wt in: 9 st 8 lbs. Wt out: 9 st 11 lbs. Marks etc: Cut left of upper lip, small scar over left eyebrow. When Discharged or Otherwise Disposed: June 24/70 Removed to Millbank.

The  above crime did not get event warrant a mention in the press.

MANCHESTER COINING CASE

1739. James BURKE (alias Benjamin Rushbrook. Enquiry from Birmingham Gaol Nov2/87). When Received:  Jan 17^th 1870. Offence and Where Committed: Having on the 15^th Jan 1870 falsely made and counterfeited diverse pieces of coin apparently intended to resemble and pass for certain of the Queen’s current silver coins called half crowns at Manchester. Sentence: 14 Years Penal Servitude. Age: Last May 50 10/12. Ht: 5ft 7 ins. Complexion, Hair, Eyes: Sallow, Grey, Blue. Trade or Profession: Tailor. Where Born: Manchester, Lancashire. Last or Usual Address: 12 Spinning Field, Deansgate, Manchester. Religion: RC. Education: R + W Imp. Widower + 0 children. English. Wt in: 11 st 2 lbs. Wt out: 10 st 8 lbs. Marks etc: Nose cut + crooked, large scar on left eyebrow, cut left of forehead in hair. Previous Committals: 11, Cambridge Gaol (3), Warwick Gaol (3), City Gaol, Manchester (8). Enquiry from Wakefield in Apr 1869. Register in Last Case: 4608. When Discharged or Otherwise Disposed: June 24/70 Removed to Millbank.

1740. James LEDWARD (alias David Nicholson). When Received:  Jan 17^th 1870. Offence and Where Committed: Having on the 15^th Jan 1870 falsely made and counterfeited diverse pieces of coin apparently intended to resemble and pass for certain of the Queen’s current silver coins called half crowns at Manchester. Sentence: 14 Years Penal Servitude. Age: This march 44. Ht: 5ft 7 ¾ ins. Complexion, Hair, Eyes: Sallow, Grey, Brown. Trade or Profession: Tailor. Where Born: On the Sea. Last or Usual Address: 22 Holland Sq, Oldham Rd, Manchester. Religion: Ch. Education: R + W Imp. Widower + 2 children. English. Wt in: 11 st 1 lbs. Wt out: 10 st 7 lbs. Marks etc: Cut on left cheekbone, cut left of forehead, mole inside left arm, pockpitted. Previous Committals: 3 City Gaol. When Discharged or Otherwise Disposed: June 8/70 Removed to Pentonville.

1741 James WILKINSON. When Received:  When Received:  Jan 17^th 1870. Offence and Where Committed: Having on the 15^th Jan 1870 falsely made and counterfeited diverse pieces of coin apparently intended to resemble and pass for certain of the Queen’s current silver coins called half crowns at Manchester. Sentence: 7 Years Penal Servitude. Age: last Oct 27 5/12. Ht: 5ft 7 ins. Complexion, Hair, Eyes: Pale, Brown, Bluish. Trade or Profession: Packing Case Maker. Where Born: Manchester, Lancashire. Last or Usual Address: 21 Hardman St, Manchester. Religion: Ch. Education: R + W Imp. Single. English. Wt in: 10 st 5 lbs. Wt out: 10 st 0 lbs. Marks etc: Moles inside left arm, cut back of left thumb, small cut corner of left eye. When Discharged or Otherwise Disposed: June 8/70 Removed to Pentonville

The above trio can also be seen in the  Borough Gaol General Register. This refers to there time spent in Gaol whilst under remand. Ledward's entry states that he was born in East India as opposed to "At Sea". The General Register also records the fact that both Ledworth and Wilkinson received and sent several letters while they were on remand, indicating that they were quite well educated, as I think that can be proved by the report below.

At half past eight on 15th January two police Constables were on duty in Hardman Street, Manchester when one of the accused, Burke was seen by them. He was acting suspiciously and therefore they seized him. As they were doing this Burke dropped a paper which contained what was afterwards found to be three bad half crown coins. The Police then proceeded to a house, 21 Hardman Street and went upstairs  where they found one of the doors fastened. They forced it open and found the other two accused sat at a table. Ledward had a knife in his hand and Wilkinson a file. On the table was one good half crown and one fake. There was also a galvanic battery with wires [a battery consisting of a number of voltaic cells arranged in series or parallel], a basin containing nitrate of potassium and another containing quicksilver. On the fire there was a spoon containing some metal, and in the side oven a mould containing both sides of a half crown. Ledward dropped a half crown which later proved to be a fake. When the half crowns were compared to the mould they were found to correspond. The galvanic battery with the wire was used for taking a portion of the silver from the genuine half crowns and facing the counterfeit coins. There was also a piece of zinc with a wire in it found in the room and also some plaster of Parish. There was also a portion of a packet of magnesium found in one of the cupboards. It was later proved that Burke had purchased this form the local chemist.

The witnesses were crossed examined at great length by Burke, who also addressed the Jury at the close of the evidence, in a speech of considerable length. The accused were all found guilty. Ledward and Burke were sentenced to fourteen years penal servitude and Wilkinson to sever years penal servitude.

STIFF SENTENCE FOR  TWO SHILLING BURGLARY

1747. James ROCK (alias James Smith, Joshua Bushel). When Received:  Feb 21^st 1870. Offence and Where Committed: Burglariously breaking + entering on the night of the 19^th Feb 1870 the dwelling house of James Eyres and stealing 6 bottles + 1 pan value 2/- his property at Manchester. Sentence: 15 Years Penal Servitude. Age: Last Aug 44 7/12. Ht: 5ft 4 ins. Complexion, Hair, Eyes: Fresh, Greyish, Grey. Trade or Profession: Slater. Where Born: Dublin. Last or Usual Address: No settled home. Religion: Ch. Education: R + W Imp. Single. Irish. Wt in: 10 st 4lbs. Wt out: 9 st 11 lbs. Marks etc: Mermaid + dot below right elbow, cut centre + left of forehead, cut 5^th finger left hand, cut left top of chin, 6 blue dots back of right hand. Previous Committals: 16, City Gaol (11). Register in Last Case: 5604. When Discharged or Otherwise Disposed: May 30/70 Removed to Pentonville.

1748. John SIDLEY (alias William Lord). When Received:  Feb 21^st 1870. Offence and Where Committed: Burglariously breaking + entering on the night of the 19^th Feb 1870 the dwelling house of James Eyres and stealing 6 bottles + 1 pan value 2/- his property at Manchester. Sentence: One Year Hard Labour + 7 Years Police Supervision. Age: Last July 19 6/12. Ht: 5ft 4 ins. Complexion, Hair, Eyes: Fresh, Brown, Grey. Trade or Profession: Hooker. Where Born: Manchester, Lancashire. Last or Usual Address: 80 Fleet St, Lower Mosley St, Manchester. Religion: Ch. Education: N. Single. English. Wt in: 8 st 5 lbs. Wt out: 8 st 8 lbs. Marks etc: [Sciopular] scars on throat cut left of forehead. Previous Committals: 3, City Gaol. When Discharged or Otherwise Disposed: March 4/71.

1749. James SMITH. When Received:  Feb 21^st 1870. Offence and Where Committed: Burglariously breaking + entering on the night of the 19^th Feb 1870 the dwelling house of James Eyres and stealing 6 bottles + 1 pan value 2/- his property at Manchester. Sentence: 5 Cal Mths Hard labour. Age: Last June 19 9/12. Ht: 5ft 3 ¾ ins. Complexion, Hair, Eyes: Fresh, Lt Brown, Grey. Trade or Profession: Finisher. Where Born: St Helens , Lancashire. Last or Usual Address: No Settled Home. Religion: Ch. Education: R + W Imp. Single. English. Wt in: 8 st 7 lbs. Wt out: 8 st 3 lbs. Marks etc: two upper front teeth broken, cut inside right arm, cut between 3^rd + 4^th fingers left hand. When Discharged or Otherwise Disposed: Aug 4/70.

When this trial came to Court the tree men were undefended. At about four thirty in the morning of 20th February, Mr Charles Knight, who occupies in common with James Eyres, Deansgate was awoken by noise. He looked out of the window and saw two men coming out of Mr Eyres' scullery. He communicated what he saw to PC Schofield and then they went to the other side of the house and found Rock coming out of the house with the other two accused men behind him. When searched Rock was found to be carrying a jemmy and some skeleton keys. The other two were carrying lucifer matches. A flag had been removed from the scullery roof of the window leaving a space large enough for a man to get through. The yard door was found open, and a padlock which had been secured removed. The bottle and pan had been taken from the scullery and placed in the yard ready for removal. The prisoners were all found guilty - Rock and Sidley admitted previous convictions.

 The Judge in sentencing the prisoners, read out a long list of convictions against Rock, including  two seven year sentences for stealing money and carrying housebreaking implements, and also a two years sentence for uttering [passing] counterfeit coins. He was sentenced to fifteen years penal servitude, Sidley to twelve months' imprisonment and Smith to five months' imprisonment.

RED BANK MURDERERS' HANGING

4157. Patrick DURR. When Received:  Aug 20^th 1870. Offence and Where Committed: having on the 18^th Aug 1870 feloniously wilfully + of his malice aforethought killed + murdered one Catherine Durr at Manchester. Sentence: DEATH. Age: Last March 42 5/12. Ht: 5 ft 6 ins. Complexion, Hair, Eyes: Sallow, Dk Brown, Grey. Trade or Profession: Labourer. Where Born: [Killamaugh], Roscommon. Last or Usual Address: 1 Brighton Ct, Brighton St, Manchester. Religion: RC. Education: R + W Imp. Widower + 2 children. Irish. Wt in: 9 st 8 lbs. Wt out: Dead. Next of Kin: Brother in Law, Mich. Lynch, Brighton St, Red Bank, Manchester. Marks etc: Blind of left eye, cut under left nostril. Previous Committals: 1, two years in City Gaol as Dunn. When Discharged or Otherwise Disposed: Dec 26/70 Executed.

Yesterday morning [26th December 1870] Patrick Durr was hanged inside Strangeways Prison for the murder of his wife Catherine. The execution, in accordance with the recently passed Act, was conducted strictly in private, the only persons present being prison officials and about half a dozen reporters. This is the second execution which has taken place in Manchester since the  law was changed. The convict was an Irish labourer aged 42. The murder he committed was surrounded by circumstances of peculiar atrocity. Durr, his wife and two sons resided in a small house in Brighton  Court, off Red Bank. For quite a period before the murder took place on August 18th he had been out of work and had given way to habits of intemperance. He had likewise the terrible misfortune to have a wife who was addicted to drink. On the evening of 17th August they were both at a beerhouse kept by Mr Sangster which they left about 11.00 pm, apparently not much worse for the drink and seemingly on good terms.

When they reached home they went to an upstairs room, where the youngest son aged about 14 was in bed. Soon after the couple began to quarrel and in the course of the argument Durr asked where his shirt was. His wife replied that it was at the mangle, but Durr did not believe her, and told her that he thought it was where everything else was - at the pawnshop. A little later he went downstairs to procure a rope and came back upstairs with it and then ordered his wife, "to come here". A request she regretfully obeyed. Durr then coiled the rope twice around his wife's neck,  then he dragged her to the ground, put his knee in her chest and pulled the rope until she was dead. The son who had witnessed the attack was too afraid to intervene.

After the  Judge had pronounced the sentence, he told Durr not to indulge in any hope of mercy, and the opinion he expressed was so generally concurred that no effort was made to obtain a reprieve or a commutation of the sentence. The execution took place at the western or lower end of the prison. The necessary appliances for carrying out the extreme sentence of the law are situated at the circular end of the west wing. The scaffold was erected about eight or nine feet from the ground. The lower part was draped with a black cloth to conceal Durr's body when the drop fell. Calcroft, the executioner, arrived at the Prison on Saturday night, was introduced to the prisoner shortly before eight o'clock yesterday morning. At three minutes past Durr appeared on the scaffold with his executioner. He was placed on the drop and after the necessary adjustments were made the bolt was removed at five past eight o'clock. Durr was not a heavy man and had lost a considerable amount of weight  while in prison, was not killed by the fall. Calcroft after steadying the rope, caught the prisoner's shoulders and gave him three or four shakes. He struggled for a little, but within two he hung motionless. After the usual time the body was cut down an inquest was held later in the day.

WITHINGTON MURDER - LIFE IMPRISONMENT

4818. William BRAKEY. When Received:  Oct 14^th 1870. Offence and Where Committed: Having on the 1^st Oct 1870 feloniously wilfully did of his malice aforethought killed + murdered one Susan Brakey, also charged with feloniously wilfully + unlawfully killing + slaying the said Susan Brakey at Withington. Sentence: LIFE. Age: About 60. Ht: 5ft 6 ins. Complexion, Hair, Eyes: Sallow, Greyish, Brown. Trade or Profession: Joiner. Where Born: [Weyew] Point, Down. Last or Usual Address: Burton lane, Withington. Religion: RC. Education: R + W Imp. Widower + 0 children. Irish. Next of Kin: address of relative Not Known Wt in: 9 st 7 lbs. Wt out: 9 st 4 lbs. Marks etc: 2 blue scars on nose, scar on right of chin, blue cut left of forehead. When Discharged or Otherwise Disposed: Feb 21/71 Removed to Millbank.

The Court heard that William and Susan Brakey had been married about 38 years and for the last couple of years had lived in Burton Lane , Withington. According  to a neighbour they had very  lived  on unhappy terms owing to the drunken habits of both. For two week before the occurrence which the accused was  now on trial for, the same witness said that they had been drinking incessantly and constantly quarrelling. At about 4 o'clock on the afternoon of 1st October, the witness, Mrs Owen was standing at her own door when Susan Brakey came to her and asked if she had seen William Brakey. She appeared to be sober at the time. The accused then appeared in view, coming towards the house, Mrs Brakey was visible at unease. The pair went into their home. Mrs Owen went into her own house. About ten minutes later she heard a noise which sounded like something falling against a cupboard. The noise was followed by a moaning. Mrs Brown went to her to investigate and saw the accused leave his house and go into a nearby beerhouse.

Susan Brakey appeared at the door with a wound on her head, from which blood was flowing freely. Mrs Owen got her a chair and asked her what had happened. All Susan Brakey could do was to point the brush handle, which was leaning against the door and the brush head belonging to it which was lying on the floor. Other neighbours came to offer their assistance and a doctor was sent for. Brakey came on the scene again and  was quizzed by the neighbours as to what he had done. He made no reply. Susan Brakey said; "He said that I had sold the beef." She then got up and produced the beef to prove that she had not sold it. Eventually the deceased was taken by cab to the Manchester Royal Infirmary wher it was discovered that she was suffering from a fractured skull. William Brakey was taken into custody and said that the act was done in a moment, he was drunk at the time and struck her with a brush. Susan Brakey died ten days after the assault and when Brakey was charged with her murder he stated, "I was a lunatic from drink, and I did not know anything about it."

 A number of witnesses confirmed the above events, some were cross examined by the defence with a view to proving that Brakey had marks from a blow to the arm inflicted by Susan Brakey using a poker. In his summing up the Judge said the question the Jury had to determine was whether the prisoner had struck the deceased with the intent to do her serious injury, or whether he had struck her with a weapon any reasonable man would know to be calculated to do serious injury. If they decided those questions in the affirmative, they should find the prisoner guilty of murder, unless there was in their opinion sufficient reasonable provocation to reduce the crime to manslaughter. A mere burst of passion prompting the act would not be sufficient to reduce it to manslaughter; nothing less than a blow could be urged in mitigation; and there was no evidence in the present case any such provocation had been given.

The Jury, after a brief consultation found Brakey guilty of manslaughter. The Judge, in sentencing Brakey, said that the Jury had a taken a very merciful view in this case and had saved his life. If the Jury had found him guilty of murder nothing could have saved his life. It was not his duty to inquire by which particular mode of reasoning the Jury had arrived at their conclusion. He felt certain that they had come to it conscientiously, and to the best of their judgments, and he accepted their verdict as the right one in the present case. Although the prisoner had been acquitted on the charge of murder, he had been found guilty of manslaughter, and it was for him to consider what the circumstances of the manslaughter were. To his mind, the blow which the prisoner struck and the effect of the blow showed that it had been brutally done, and with brutal negligence and carelessness. That was the verdict that he accepted at the hands of the Jury. The acts of violence were so bad in this town were so dreadful, and the corrupt state of life which they disclosed was so terrible, that he felt bound if possible to put an end to such acts, and to show people of the prisoner's class that if they would act so brutally they must abide the consequences. The Jury had found the prisoner guilty of a manslaughter nest door to murder, and he would treat it as such. The sentence was that the prisoner should be kept in penal servitude for the rest of his natural life.

MANSLAUGHTER - TEN MONTHS

5065. Francis McEVOY (convicted as MacEvoy). When Received:  Nov 4^th 1870. Offence and Where Committed: Having on the 29^th Oct 1870 feloniously wilfully + of malice aforethought killed + murdered one Catherine McEvoy at Salford. Sentence: 10 Cal Mths Hard Labour. Age: Last may 36 6/12. Ht: 5ft 5 ½ ins. Complexion, Hair, Eyes: Fresh, Brown, Grey. Trade or Profession: Slater. Where Born: Manchester, Lancashire. Last or Usual Address: 42 Queens St, Salford.. Religion: RC. Education: R. Widower + 4 children. English. Wt in: 10 st 10 lbs. Wt out: 9 st 10 lbs. Next of Kin: Son, Josiah McEvoy, 41 Queens St. Marks etc: Scar left of forehead + on nose, cut right of forehead, cut on left thumb + scar bend of elbow. When Discharged or Otherwise Disposed: Sept 30/71.

This particular case did not get a lot of coverage. By the time this case got to trial McEvoy faced a charge of manslaughter. He pleaded Not Guilty. On the night of the 29^th October he had been drinking. The following morning he did not get up at his normal time. His wife, who slept in a separate bed, called him several times. He still did not get up, so his wife took a small stick to him and struck him. The blow woke him and in a wild temper he punched his wife on the temple. She had been ill previously and the blow caused an internal injury to the brain, resulting in her death. After the examination of a couple of witnesses, McEvoy changed his plea to Guilty. He was sentenced to 10 months’ imprisonment.

BATTERED TO DEATH WITH A POKER

5324. Edward GREATLEY. When Received:  Nov 25^th 1870. Offence and Where Committed: Having on the 20th Nov 1870 feloniously wilfully and of his malice aforethought killed + murdered one Eliza greatly at Salford. Sentence: DEATH. Commuted to Penal Servitude for Life. Age: This month 48. Ht: 5ft 6 ½ ins. Complexion, Hair, Eyes: Fresh, Greyish, Grey. Trade or Profession: Labourer. Where Born: Farlow, nr Cleobury Mortimer, Shropshire. Last or Usual Address: 99 Tatton St, Salford. Religion: Ch. Education: R + W Imp. Widower + 0 children. English. Wt in: 10 st 6 lbs. Wt out: 9 st 12 lbs. Next of Kin: Mother, Jane Greatley, Farlow, Shropshire. Marks etc: Lost right arm, nose been broken, bald, cut right of forehead + right of upper lip, mole on right temple. When Discharged or Otherwise Disposed: Feb 23/71 Removed to Millbank.

Edward Greatley was charged with murdering his wife Eliza on 20^th November in Salford. He had lived with his wife in a house in Tatton St, Salford. At about 10 o’clock on the night of 12^th November, neighbour by the name of Mrs Broughton heard a scream and someone banging on the Greatleys’ door. When she looked out of her window she saw Eliza standing there covered in blood from wounds to her head. Mrs Broughton went over to Eliza to ask what had happened. Greatley was sat in the kitchen and could hear what was being said.

"He has hit me on the head with a poker, and the shoulder, and he has also jumped on my back.” This evidence was not heard during the trial, but it had been heard at a previous police court hearing.

Mrs Broughton took Eliza across the road to her house and bathed her wounds. While she was doing this another neighbour called Mrs Bradbury arrived and subsequently took care of Eliza in her home until the woman died on 20^th November.

At the trial the prosecution claimed as was stated above that Greatley had battered Eliza with a poker and as a result had later died of the injuries. A poker had been found about 10 yards away from the house in the gutter and according to Mrs Broughton was the one used to inflict the injuries upon Eliza. The defence claimed that the Jury were being asked to send Greatley to the gallows upon the strength of an old woman’s unsupported identification of a common dirty kitchen poker. The poker had never been described as being covered in blood. The counsel stated that Eliza’s injuries could have been caused by being thrown and falling against the fire hearth or some other sharp corner during a fight with Greatley in the kitchen.

The Judge summed up by telling the jury that the issue they had to decide upon depended on two questions. Firstly, whether Greatley had deliberately struck his wife with intent to do her serious bodily harm and secondly, whether her death was caused or accelerated by such blows. If the answers to these questions were in the affirmative, then they must find Greatley guilty of murder. The judge stated that he must either be found guilty upon that charge or be totally acquitted as there was no evidence of provocation, either by words or blows, to reduce the crime to manslaughter. After consulting together for five minutes the Jury found Greatley guilty of murder.

The Judge donned the black hat and said: “Edward Greatley you have been convicted of the wilful murder of your wife, and after a careful examination, after an assistance by counsel of the greatest value, after a full investigation of the facts, I think that nobody who has heard this case, can doubt the verdict of the Jury was inevitable and is right. Once before on this assize have I had cast upon me this dreadful duty of sentencing a man to die because of his brutal and cowardly violence to his wife causing her death. Again I was obliged to sentence a man to penal servitude for life for the same horrible offence; and now it is my most painful duty to sentence you to die. By the mercy of our law, some evidence offered of an exclamation uttered by that unhappy woman was kept out from this case, but now I cannot forget it. Her statement was made I your presence; and it was this – that you not only struck her with that poker on her head, but that you also stamped upon her back, and I fear me much, that it is true. I thought it my duty, according to the merciful rules of English evidence, to tell the Jury that they ought not to take into consideration the effects of those other and minor injuries upon that unhappy woman your wife; but nobody who heard the case can not doubt that you not only struck he on the head, but that you struck her, and must have stuck her brutally, on various other parts of the body .”Greatley interjected: “She fell down stairs, my Lord.”

The Judge continued: “You make a statement which unfortunately, from a person in your position, I cannot and do not believe, your deceased wife having died from your brutal conduct towards her. I may also tell you - it is my duty to tell you – that I see no circumstances of extenuation in your case; no fact which, to my mind, can save you from your inevitable fate. I must therefore entreat you not to buoy yourself up with any hope whatsoever. Have no false hopes; but believe me that, as far as I can see, it is certain that you will die by the sentence which I am now about to pass upon you. Improve therefore the time that is allotted to you, and do your best to repent what you have done.” The Judge then passed the sentence in the normal manner during which Greatley showed considerable emotion. [At different times two forms of words seem to have been used: "You shall be taken to the place from whence you came, and thence to a place of lawful execution, and there you shall be hanged by the neck until you be dead, and afterwards your body shall be buried in a common grave within the precincts of the prison wherein you were last confined before your execution; and may the Lord have mercy on your soul," and "(full name of prisoner) you will be taken hence to the prison in which you were last confined and from there to a place of execution where you will be hanged by the neck until you are dead and thereafter your body buried within the precincts of the prison and may the Lord have mercy upon your soul".] Contrary to what the Judge had suggested, the death sentence was commuted to life imprisonment.

KNIFE CRIME

5412. Richard MULROY. When Received:  Dec 2^nd 1870. Offence and Where Committed: Having on the 1^st Dec 1870 feloniously with a certain knife caused certain grievous bodily harm to one Joseph McCormack with intent in so doing then + thereby feloniously wilfully + with malice aforethought to kill + murder the said Joseph McCormick at Great Heaton. Sentence: 10 Years Penal Servitude. Age: About 25. Ht: 5ft 5 ¼ ins. Complexion, Hair, Eyes: Fresh, Brown, Grey. Trade or Profession: Labourer. Where Born: Thurlow, Mayo. Last or Usual Address: Great Heaton, Middleton. Religion: RC. Education: N. Single. Irish. Wt in: 11 st 0 lbs. Wt out: 10 st 4 lbs. Next of Kin: Father, Daniel Mulroy, Chadderton, Manchester. Marks etc: Cut on right thumb, arms freckled, lost a front upper tooth. Previous Committals: 2, 14 days in the City Gaol 13 months ago. When Discharged or Otherwise Disposed: Feb 23/71 Removed to Millbank.

Richard Mulroy was charged with having on the night of December 1st assaulted and repeatedly stabbed on the head and neck, George McCormack, a fellow labourer who been sleeping with him in a granary at a farm house in Great Heaton, where they were both employed. The trial was short and the Jury found the accused guilty of stabbing with intent to do grievous bodily harm. The Judge said is was difficult to imagine a more horrible crime than, out mere sulkiness and brutal ill humour, to seize a large clasp knife like the one used in this case, and with it wound a comrade. If the Jury had found the accused guilty of the first count the Indictment, that of stabbing with intent to murder, he would have, without any hesitation sentence Mulroy to penal servitude for life. The Jury had rightly acquitted him of that count for it was not safe that he intended to kill the man. If he had killed McCormack he would have been hanged. I was however a serious fact that at the moment he was thwarted he had threatened to "stick" his comrade with a formidable knife, and upon the next occasion, about three weeks later, inflict serious wounds on McCormack with a knife. Penal servitude was a matter of certainty in almost all such cases, but as this case was a very bad case, the Judge sentence Mulroy to ten years' penal servitude