Negligent Discharge of a Mother

A woman who chose drinking over looking after her baby boy was found guilty of manslaughter after he starved to death.

On the 2nd August 1876, a police constable patrolling in South Castle Street found thirty-year-old Jane Kelly lying drunk on the pavement. On closer examination, the officer found that the baby boy she had in her arms was dead.  

Kelly and the baby, who was three months old and called John, were taken to the Northern Hospital. A post mortem revealed that there were no traces of disease in any of the organs and that the cause of death was insufficient food. John weighed just 5 pounds and 3 ounces, as opposed to the expected 12 pounds for a baby of his age. He was also covered in sores as a result of not being washed often enough, if at all.

An inquest on 12th August heard from Kelly's neighbours from Olivia Street, where she lived with a man named Cunningham. They said she was rarely sober and never breastfed the baby. Another told how, soon after the birth, Cunningham had paid a neighbour five shillings to look after John for a week but Kelly then took him back.

After a verdict of manslaughter was returned, Kelly was placed before the magistrates and given bail. When she presented herself at St George's Hall at the beginning of the assizes on 15th March the following year, she was so drunk that Baron Huddleston immediately ordered that she be detained in the cells. 

Five days later, her case was heard, and she was found guilty of manslaughter. The judge told her, "In this town, there is too much drunkenness; it is necessary when death occurs owing to the negligent discharge of the mother that an example should be made of that person." He then imposed a sentence of twelve months' imprisonment with hard labour.

Domestic Tragedy at Crosby

In 1876 a terrible tragedy occurred in Crosby when a widow who was unable to get over the death of her husband killed two of her children before attempting suicide.

The background to the sad affair came about in November 1875 when James Morris, a 51 year old teller with the North Western Bank, died suddenly of a heart attack at his home in Fairholme Road. The respected churchwarden of nearby St Luke's Church left a widow, Agnes, and five children aged between five and twelve. 

Agnes was well provided for and needn't worry about money, still  being able to employ a governess for her children. But she was so overcome with grief that she began to have delusions and talked about letting her children starve. Friends expressed concern at this and the fact she always had a vacant look about her and strange eyes.

When 44 year old Agnes took her eldest daughter Ada to a concert in St Luke's schoolroom on the evening of 25th September 1876, there was no indication of what was about to unfold. She was cheerful in her demeanour and on returning home bade goodnight to the governess Sarah Ilbery and retired to bed, sleeping in the same room as Ada and nine year old Anne. Two boys, James and Henry who were aged eight and seven slept in anther room and the other daughter Ellen, aged twelve, slept with Mrs Ilbery.

At 6.30 the following morning Agnes got up and retrieved a revolver she had bought some weeks earlier. She returned to her room and shot Ada and Anne, with Ada dying instantly. Agnes then went into the boys room and fired at them both, severely wounding Henry, before entering the governess's room and shooting Ellen, missing her. This last gunshot woke Mrs Ilbery who quickly got up and followed Agnes, who went back into the boys room and turned the revolver on herself. 

The shots that Agnes fired on herself weren't fatal and Mrs Ilbery managed to prise the gun from her, but when she went into the room where the two girls had been sleeping she found a dreadful scene with Ada dead and Anne barely alive. She carried Anne to her own bedroom and locked her in there along with Ellen and the boys  then sought assistance from the next door neighbour, a shipowner named Mr Tunnicliffe, who immediately sent for two doctors. By the time they arrive Anne had died and Henry was in a dangerous condition so he was immediately removed to hospital. 

With great difficulty, the doctors managed to remove a bullet from Agnes's scalp and she was kept at the house and attended to by a nurse under the supervision of police. Her sister Sarah Salmon arrived from Manchester to look after the uninjured children. When asked why she had done what she did, Agnes replied that she would rather see her children shot dead than starve and that the intention was to kill them all and then herself.

Agnes made reasonable progress over the next few days but she refused to eat. At the inquest on 28th September, held at the George Hotel, Mrs Ilbery told how her erratic and delusional behaviour had been going on for at least six weeks. She said that Agnes had removed Henry from school as the lessons were too hard and she had stopped going to church as she believed she had nothing suitable to wear. Agnes had expressed fears that everybody in Crosby was out to injure her children and began stockpiling poisons. 

A druggist from Dale Street confirmed that Agnes had been buying poisons claiming it was for rats, while Mr Tunnicliffe's daughter said she tried to dress Agnes in the immediate aftermath and all her clothes were beautiful, but she refused not wear any of them. Her sister recalled how she had received a letter from Agnes the previous month stating she must come to Crosby at once otherwise something awful would happen. On arrival, she observed how Agnes was criticising everyone in the village and arranged medical help, but her sister responded by saying that Sarah was undermining her and robbing her money.

The Coroner Mr Driffied advised the jury that they could only return a verdict of wilful murder and could make no decision regarding insanity. He advised that they could if they wished express an opinion over Agnes's sanity but it would be for the assizes court to make a final verdict. The jury then returned a verdict of wilful murder, but gave the opinion that the killings took place as a result of her being insane at the time. The following day Ada and Anne were buried alongside their father at Toxteth Park cemetery.

By 6th October Agnes was well enough to appear before the magistrates for a committal hearing. At the Kirkdale sessions house she sat motionless throughout, her face covered by a black veil. She was charged with the murder of Ada and Anne, the attempted murder of Henry who remained in a dangerous condition with a bullet lodged in his temple, and attempted suicide. Mrs Ilbery, Mr Tunnicliffe and his daughter, and medical men gave evidence and after being committed to the assizes, Agnes was remanded at Kirkdale gaol where the magistrates asked for every attention to be given to her mental state.

Agnes appeared before Justice Lindley at the Liverpool Assizes in St George's Hall on 11th December. She was again wearing a black veil and replied 'not guilty' firmly but quietly when the charge was put to her. The general opinion was that she had been a loving mother when well, but letters produced by her sister proved that she had been having disturbing thoughts. Evidence was heard from Dr Banks from Kirkdale gaol who believed she was in a state of mania at the time, although she was now quite calm. It took the jury just a few minutes to acquit Agnes on the grounds of insanity and she was detained at Her Majesty's pleasure. She was removed to Broadmoor and remained there until 1901 when she died of stomach cancer.  Although she is not buried in the grave in Toxteth Park Cemetery, her name is on the headstone underneath that of her husband and daughters.

Despite doctors holding little hope of his survival, Henry did recover and along with his two surviving siblings, was raised by a cousin in County Durham. Sarah Ilberry became a nurse at a number of different Liverpool hospitals and settled in Wavertree Garden Suburb, passing away in 1917.

Murder of a Spanish Sailor

A Spanish sailor was killed in a random attack by a man who was later acquitted on the grounds of insanity.

At 7.45am on the morning of 14th October 1876 Ramon Fernandez Y Grana, a seventeen year old Spanish cook on a vessel that was in the docks, went to a shop in Seddon Street for provisions. He was followed in there by 21 year old William Kelly, who had been wandering the streets all night and without warning stabbed Ramon in the neck. The Spaniard was then pursued by Kelly as he ran across the road and towards a butchers shop, from where he ran into Cleveland Square.

A market constable went to the aid of Ramon, who was bleeding heavily. But after laying him on the pavement he died very soon afterwards whilst help was being sought from the chemist. Kelly stood nearby still holding the knife and surrendered himself to custody, passing the knife to a publican. He was taken to the Argyle Street Bridewell where he said he had stabbed Ramon because he believed that he was a Protestant. He said that the pair didn't even know each other but then tried to say they had been shipmates. This was impossible as Kelly had only been released from gaol a week or two earlier after serving three months for grievous bodily harm. 

Ramon was taken to the Southern Hospital where he was pronounced dead on arrival. A post mortem determined that death was caused by a haemorrhage from a deep wound to the neck. Kelly had used such force that the knife had gone through the spinal column and come out of the other side of the neck. 

After an inquest returned a verdict of wilful murder Kelly was committed to the assizes for trial. On 12th December he pleaded guilty when the charge was put to him by the clerk, but after the intervention of the judge and advice from his counsel he changed this and case proceeded.

Mary McMahon, who was working in the shop at the time, told how she had seen the stabbing take place and that Ramon had been going there daily for the past six weeks. A passer by named Catherine Langan said that she too had seen the stabbing and then the chase, but had lost sight of the two men when they went into Cleveland Square.

In defence, Kelly's counsel Dr Cummins said that there had been no motive and that he had not known his victim. As such, the prisoner was either the most criminal murderer or unfortunate to be in a state of insanity. Father Bonte from Kirkdale Gaol said that although Kelly first said he was a Catholic he then maintained he wasn't and at first came across as 'strange inexplicable and stupid.' As the days went by though Father Bonte concluded that Kelly had no understanding due to irrational and incoherent answers, such as saying he had killed Ramon as the Italians were chasing him. Another Church of England chaplain who had tended to Kelly during his earlier spell in gaol said he was perfectly rational and sane during that time.  

Dr Banks from the Royal Infirmary told of his assessments of Kelly whilst he was on remand. He felt that Kelly was an idiot rather than insane, but a 'dangerous idiot.' He was of the opinion that Kelly had developed a sudden homicidal tendency due to the depressing circumstances of walking the streets, and what little mind he had did not realise what he had done was so wrong. A warder said that he seemed incapable of following any instruction and had to be barred from chapel as he was constantly laughing uncontrollably.

Kelly's two sisters told a sorry tale of a boy who regularly skipped school and who ran away to sea when he was fourteen. His father had died whilst abroad and his mother had been declared insane for twelve months and confined to the house. After an hours deliberation the jury cleared Kelly on the grounds of insanity and justice Lindley ordered that he be detained at Her Majesty's pleasure.

Guilty of Starving a Child to Death

In 1876 a mother who malnourished her child so badly that she died of starvation was found guilty of manslaughter but jailed for only one year.

On 5th April that year concerned neighbours broke into a house in Charters Street off Vauxhall Road and found two young girls, a three year old and a fourteen month old, alone and almost naked. There was no furniture at all and they appeared to have been sleeping on some straw. Their mother Ellen Carson was nowhere to be seen.

A police officer was called and the youngest child, Abigail Carson, was taken to the North Dispensary where she was joined by Ellen who had returned home in an intoxicated state. As nurses treated Abigail, who was described as 'filthy and emaciated' her mother danced wildly around the surgery.

Abigail was then admitted to the workhouse hospital where she ate greedily, but then deteriorated and died on 13th April. A post mortem revealed that the internal organs were healthy and put the death entirely down to want of food.

When Ellen appeared at the Liverpool Assizes  on 25th July she denied being of dissipated habits and said she fed Abigail regularly from the breast. However neighbours told how she was often seen wandering about in a drunken state accompanied by her scantily clad children. The court also heard that her husband, a dock labourer, earned 30 shillings a week and handed it all over

but the money was not spent on food or clothing.

After being found guilty of manslaughter Justice Lindley sentenced Ellen to twelve months imprisonment with hard labour, telling her that she must lead a different life on release. Ellen promised to do this, and in 1881 she was listed in the census as living with her husband and the surviving child in Lightbody Street.

Man Gives Fatal Blows in Front of Son

A man whose violent conduct towards his partner in front of his son led to her death was convicted of manslaughter and jailed for twelve years.

Moses Phillips, a baker in his early forties, began co-habiting with Mary Whitehead in Combermere Street, Toxteth early in 1875. The relationship was a not a peaceful one, with Phillips often using violence towards Mary when either he or her were drunk.

On 29th April 1876 Mrs Charnock, who lived in Laxey Street,was passing their home when she heard screams and saw Phillips punch Mary. She confronted Phillips, who threatened to do the same to her if she didn't go away. Later his ten year old son Richard arrived at the house and saw his father kick Mary in the abdomen whilst he was wearing his boots and she was on the floor

Two days later Mrs Charnock went to see how 34 year old Mary was and was shown two badly blackened arms. On 8th May she was admitted to the Southern Hospital suffering from gangrene in the thigh and erysipelas. With her health now in a fragile state depositions were taken from her and Phillips was arrested and remanded charged with violent assault.

Phillips admitted 'chastising her with his hand' but after Mary died on 10th May a post mortem revealed that gangrene was the cause of death. It was conducted by Dr Caddy who told the inquest he believed this had been brought on by the violence, with the bruises being consistent with being kicked.

When Phillips appeared at the Liverpool Assizes on 25th July Mrs Charnock told the court what she had seen. His son Richard was in the awful position of testifying against his father but did so honestly, saying he had seen him kick Mary and that he was wearing boots at the time. After the jury found him guilty of manslaughter, Phillips was sentenced to twelve years penal servitude by Mr Justice Lindley.

Terror at Murder Victims Wake

When a man was murdered in Vauxhall Road there was further terror for his friends and family when a floor collapsed at his wake leading to all those present falling into a cellar below.

At 7pm on 30th December 1876 William Grimes and his brother John, both sailors aged 22 and 19 respectively, were walking along Vauxhall Road near the corner with Green Street. A labourer named Simon Finnegan called out to them 'Hey Larrie' and when William replied that they must be mistaken as neither were of that name he said 'It would be different if this were Lightbody Street.'

The brothers' friend Patrick Lynch squared up to Finnegan and said 'Why can't you let us pass without a quarrel', leading to him being punched in the face. Finnegan's companion 21 year old James Young went to kick Lynch who was now on the floor but William pushed him off. Young then drew a knife out of his pocket and plunged it into William's stomach several times. He fell down and said 'Oh God I am gone into the next world.'

William was taken to  a druggists shop and then to the Northern Hospital, where he died at 7am the next morning, at a time when he was meant to be sailing out of Liverpool aboard the Iberian.

Young and Finnegan then ran to the house of Elizabeth Rush in Tatlock Street where Finnegan's mother was visiting. Young was in an agitated state, covered in blood and threw the knife on the fire grate pleading Mrs Finnegan to get rid of it, then said to his friend 'If you are taken first don't snitch upon me.' and 'I'll be hung for this.' Finnegan handed himself in and Young, one of the cornermen who terrorised the streets locally, was apprehended on 2nd January.

On 4th January Finnegan was released from custody when prosecutors opted not to proceed with any charges against him. At the inquest the following day Mrs Finnegan described what had happened in Mrs Rush's house and John Grimes told of the circumstances surrounding the stabbing. A verdict of wilful murder was returned and Young was committed for trial at the next assizes.

On Saturday 6th January 1877 William's body was removed from the Northern Hospital to his mother's home at a court in Gascoyne Street where a wake was held well into the night. The coffin was in a table in the middle of the room with guests drinking and dancing around it but at 2am on the Sunday morning the wooden floor gave way, causing all the guests to fall seven feet into the cellar below, to the horror of those living there.

The coffin smashed to pieces and William's body rolled onto the floor. The occupants of the cellar called the police who arranged the removal of the body to another house in the court. All those present at the wake, with the exception of William's mother and brother, were then ordered to return to their homes.

On 16th March Young's trial took place, the defence counsel suggesting that William and John Grimes were violent men and pointed them both having been in gaol for assaults. Patrick Lynch testified that he struck nobody and all three men were just walking along the street minding their own business, having had just one glass of ale each.  A 12 year old girl named Matilda Hughes gave evidence that she had been sent out on an errand and saw the three men walk past Young, who then produced the knife. She was certain that nobody had struck Young or Finnegan before then.

Mrs Finnegan and Mrs Rush recalled Young's admissions in the immediate aftermath and a surgeon from the Northern hospital stated that William had been perfectly sober when giving his dying deposition. After 35 minutes deliberation the jury returned a verdict of murder but asked for mercy on the grounds of William's previous bad character and that there could have been verbal provocation. Young said to the judge 'Oh Lord spare me have mercy' and then interrupted the judge again with the same words as sentence of death was being passed. He cried for three hours in the cells afterwards but he was later spared by the Home Secretary, his sentence being commuted to life imprisonment on 28th March.

Landlord's Girlfriend Stance Leads to His Murder

A man who killed his girlfriend's landlord who objected to him spending time with her in the parlour was hanged after stabbing him to death in Everton.

In 1876 Richard Thompson, a 22 year old labourer, was courting a lady named Mary Corfield who lodged with John Blundell and his wife in Haigh Street. Blundell wasn’t happy about the two of them often being alone in the parlour and expressed his dissatisfaction at this, but as Thompson had been best man at his wedding four months earlier there was little expectation that the situation would deteriorate so much. Things came to a head on 14^th April 1876 when Thompson walked past and saw Blundell’s wife Margaret on the step. He swung his belt and shouted at her ‘Send him out and I will put him in his coffin before the night is over.’

The following evening, Blundell was helping Mary’s brother William move house and was carrying a box down nearby Coronation Street. They came across Thompson who immediately acted with a threatening demeanour, and after Blundell asked ‘What’s to do with you Dick’ he was grabbed around the neck. Thompson then took an open knife out of his pocket and stabbed Blundell up to twelve times. Blundell was taken home but as he was bleeding heavily he was admitted to the Workhouse Hospital, where he died on 17^th April at around 10pm. Around four hours earlier, Thompson had handed himself in to the bridewell at Rose Hill having been on the run since the stabbing.

Whilst close to the point of death 23 year old Blundell had told the chaplain, Reverend Ebenezer Smith that he ‘freely forgave Thompson’. His condition had deteriorated quite quickly and a magistrate sent to take a deposition didn’t get there in time. However the evidence of William Corfield and a boy who was shown a knife by Thompson earlier in the evening but told not to worry it was for someone else, was enough for the inquest to return a verdict of wilful murder. He was then committed to the assizes on a coroner’s warrant and listed to appear before Mr Justice Lindley on 29^th July.

There was little doubt that Thompson had carried out the stabbing, the only issue was whether it was manslaughter or murder. In summing up, the judge said that if there had been no provocation then the jury had to return a verdict of murder, even if there had been no intent to kill. It took ten minutes for them to find Thompson guilty and he said ‘I would liked to have seen my witnesses he threatened to lay me out.’ Justice Lindley said that death had resulted from ‘too free use of the knife’ before donning the black cap and passing sentence. Thompson, who had remained calm throughout the trial, then burst into tears before being taken to the cells.

Thompson's solicitor Frederick Ponton of Vernon Chambers in Dale Street fought hard but on 12^th August the Home Secretary wrote to him saying he could see no grounds for granting one. He remained indifferent to his fate, taking little notice of the chaplain and not requesting a final visit from his mother, who he had last seen on 7^th August. Instead he remained satisfied that he would receive divine forgiveness as his victim had forgiven him.

After having the rope put around his neck Thompson was crying and singing ‘Safe in the Arms of Jesus’. The bolt was then drawn by hangman William Marwood and he dropped to his death alongside William Fish, a barber from Blackburn who had been convicted of raping and murdering a 7 year old girl.  

Servant Girl Kills Her Newborn Child

A servant girl in Everton killed her baby in 1876 but despite the evidence against her was spared a conviction for murder by a sympathetic jury.

22 year old Elizabeth Plant was working for draper Robert Skinner in Pembroke Place, and allowed to keep her position despite her pregnancy. On 6th January 1876 she gave birth to a baby girl then cut its throat with scissors before placing the body in a box.

Plant then went to Salisbury Street to the home of Mrs McMillan,a tailor's wife, saying she had been sent there by Mrs Skinner to stay for a few days prior to confinement at the workhouse. There she asked another lodger to wash a blood stained sheet and scissors and two days later when confronted about the whereabouts of her baby calmly said that she had killed it and left it in the box at Pembroke Place.

Mr Skinner opened the box and found the body under some dresses and a doctor who was called confirmed that the baby had been born alive and had the throat cut. Plant was removed by police to the workhouse hospital and after an inquest returned a verdict of wilful murder against her on 11th January she was committed to trial at the next assizes.

On 29th March Plant stood trial with the prosecution case being straight forward given her admissions and findings of the post mortem. Her defence barrister explained that it was possible the baby had died during childbirth or she had panicked and killed it during some temporary mental derangement. The jury accepted this and, seeing a pitiful young woman of previous good character in the dock, found her guilty of manslaughter.

Judge Brett told Plant that he 'feared much that is was more than mere manslaughter' but she could not be looked upon 'without pity'. He sentenced her to ten years imprisonment and Plant, who had acted eccentrically during the trial shouting and crying bitterly, fainted before being carried out of the dock.