Mother Guilty of Tuberculosis Death

When a woman died in 1937 after suffering from tuberculosis for two years there was no initial cause for suspicion, but events took a macabre twist and her mother was found guilty of manslaughter.

On 22nd October that year Florence Smith, who had been suffering from the disease for two years, died at her home in Suffolk Street, off Duke Street in the city centre. She was buried four days later in Allerton cemetery but when her mother Esther Davies failed to return the keys to her flat, the owners made a horrific discovery whilst clearing it out.

In the corner of a room was a pram containing the mummified body of a baby, which was estimate to have been dead for nine months. A post mortem was carried out by Dr Lynch from the University of Liverpool, who was unable to determine whether or not the child had been born dead or alive.

Esther was traced to her home in Elmham Crescent, Fazakerley and initially remanded in custody charged with Endeavouring to Conceal The Birth of a Child. 49 year old Esther was in a distressed state when she appeared at the magistrates court and was allowed to remain seated.

Due to the concerns raised by neighbours about Florence's condition in the days leading to her death the Coroner ordered the exhumation of her body. Tests showed that the body was thin and wasted, with the cause of death being pthisis of the left lung. However, the fact Esther had not sought medical assistance prior to death meant that prosecutors charged her with manslaughter, saying that death had been accelerated by her criminal neglect.

Esther was back before magistrates on 6th December and was committed for trial at the assizes but allowed bail. This was opposed by the prosecution, who said she should remain in custody for her own safety. As she was freed from the dock she stated 'I am not guilty of both charges'.

On 8th April 1938 the jury at St George's Hall heard that post mortem results showed no evidence of Florence having eaten for several days before her death. A neighbour also testified that when Esther realised her daughter was dying, she found a terrible state of affairs, with the bedsheets being saturated in blood and her hands riddled with maggots.

The defence said that Florence had refused to go to hospital and wouldn't eat any food. To them it was not a case of wilful neglect, rather Esther simply misunderstanding how serious the situation was. However she was found guilty and sentencing adjourned to the Manchester assizes so probation reports could be prepared.

Parental Neglect at Woolton

A distressing case in 1895 saw a woman jailed for two months after being prosecuted when her baby daughter died in the workhouse.

On 13th September 1895 Inspector Cole of the National Society for Prevention of Cruelty to Children (NSPCC)  attended 25 Rodick Street in Woolton, the home of a middle aged widow named Mary Rawlinson. It was a distressing sight, with Mary sat behind a box in which her six month old daughter was lying. The poor infant was emaciated, wearing wet clothes and covered in vermin. Two other girls, nine year old Mary and seven year old Ann were naked and also had vermin swarming all over them. 

Inspector Cole pleaded with Mary to take her children into the workhouse in Whiston but she refused, saying she would rather die on the streets than go there. She did however agree to go the following day and baby Alice was immediately taken from her and examined by a doctor. She was found to be almost skin and bone, weighing only seven and a half pounds, as opposed to the expected twelve pounds and four ounces for a baby of her age. Her skin was also covered in bites and sores and she died ten days later.

Dr Hall from the workhouse refused to issue a burial certificate and referred the matter to the coroner. On 30th September an inquest was held at Whiston workhouse and three women all said they had nursed Alice while her mother worked as a laundress in Cressington. They denied neglecting her in any way and felt she was healthy. 

The doctor revealed that the postmortem had shown death was as a result of congestion on the brain and asked if this was down to neglect, he replied that it was his suspicion that it was. Mary denied any neglect, saying that she often went hungry herself to ensure her children were fed. She told how she used to receive three shillings a week relief from the guardians but this was withdrawn as Alice was illegitimate. 

The Coroner Samuel Brighouse expressed concern at the withdrawal of relief and asked Reverend Sylvester from the guardians to explain this. He insisted that it was only 'outdoor relief' that wasn't paid, and that Mary could be accommodated in the workhouse. Asked why this was, he said that paying money in the community would encourage women to have more illegitimate children. This received a rebuke from Brighouse, saying that the other children shouldn't be made to suffer as a reslt of this.

The jury returned a verdict of death by natural causes, saying they didn't believe Mary's actions had contributed to the death. However the NSPCC continued with the prosecution. On 4th October at the Woolton Sessions it was heard how Mary's husband had died a few years earlier and although she worked hard, she was also of drunken and dissolute habits. The prosecutor said that they were not seeking a manslaughter conviction, rather one for neglect of all three children, with that being a factor in Alice's death.

Evidence was heard from Dr Hall and a portress as to Alice's condition on being taken to the workhouse. They were of the opinion that she was improperly fed and that the bedding had been greatly neglected. After being found guilty the chair of the bench said it was some of the most harrowing evidence he ever heard. Saying he was sure neglect had accelerated death, he sentenced Mary to two months imprisonment with hard labour.  

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.

Mother Unpunished Despite Baby Death

An indication of how officials in Victorian times turned a complete blind eye to mothers who either couldn't cope or were wilfully negligent to their newborn children occurred in 1878 when a woman who wished her baby dead avoided prosecution.

A woman named McCann who lived in Solway Street in Toxteth gave birth to a child on 13th May 1878. Whilst in labour a midwife who attended found that the mother had made no preparations for the birth and was told that the baby would not live long anyway.

The day after the birth the same midwife returned and told McCann that the child appeared hungry and might die, to which she replied 'A good job too.' Two days later the child died, and at the inquest a sibling said it had been fed breastmilk just once or twice since the birth, as well as gruel.

The surgeon who carried out the post mortem said that death was as a result of convulsions, which could have been caused by being fed gruel. However he also said that it was common for poorer people to feed their child gruel without knowing the possible consequences. As such the coroner commented that the death was suspicious and the jury agreed, but without any clear proof they returned an open verdict.