12th September 1892
Reference Numbert18920912-850
VerdictGuilty > with recommendation

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850. CORNELIUS SMITH was indicted for, and charged on the Coroner's Inquisition with, the manslaughter of William Smith.

MR. GUY STEPHENSON Prosecuted, and MR. GEOGHEGAN Defended at the request of the COURT. SARAH THATCHER. I am single, and live at 20, Ealing Road, Brentford—on the evening of the 18th August I was in Ealing Road at twelve at night, and I heard a row in the house opposite—I stood outside the door and listened a moment, but I could not see what was going on between the two brothers, the prisoner and deceased—I saw them come out of the house—the prisoner persuaded his brother to go home; he would not go—he told him several times to go home to his wife—he said he would go when he liked—the prisoner said, "If you do not go home I shall hit you"—he said he would not go; he would fight his brother that night—the prisoner then went up and hit him in the face; William then threw a can of beer over him, then the prisoner hit him and they both fell—the last I saw of them, William was lying on the ground on his back in the road, and the prisoner on the top—I then went indoors.

Cross-examined. The deceased appeared very quarrelsome—I did not see him square up to his brother before he struck him, he was standing with the beer in his hand; the can struck the prisoner on the forehead—they pulled their coats off—I only saw the prisoner give one blow, which knocked the deceased down—the deceased was on the kerb when he was struck, and the prisoner was on the path—they both appeared to have been drinking.

BRIDGET SHOOTER . I am the wife of John Shooter, No. 2, The Barracks Brentford—I was in my house about twelve o'clock on the night of 18th August—Mrs. McElwayne was with me—I heard a noise and went into the Ealing Road—I saw the prisoner telling the deceased to go home; he would not go—the prisoner again told him to go home, and said, "If you don't go I will hit you"—the deceased said, "I won't go home till I like"—the prisoner then struck him in the face—the deceased then threw a can of beer over him and pulled off his coat and waistcoat—I could not say whether the can hit the prisoner—they fought for two or three minutes, and then they fell, the deceased underneath and the prisoner a-top—Mrs. McElwayne and the prisoner picked him up and set him on the kerb; he was sick—the prisoner went away.

Cross-examined. The deceased lived in Albany Road, I believe; that

is about a mile from the prisoner's—when I saw them they were near the prisoner's house—I do not know whether the prisoner struck him with his hand or his fist—they had both been drinking—I did not see the prisoner's nose bleeding—I saw that his shirt was torn behind.

JOHN SMITH . I live at 15, Ealing Road, Brentford, with the prisoner, who is my brother—on the 18th August I went to bed at eleven—when in bed I heard William come in at twenty minutes past twelve—the prisoner was in at eleven—I heard William quarrelling about something, I could not tell what; this was in the house—about ten minutes to twelve, when William was going outside, the prisoner told him to go along home; he would not—the prisoner was going to shut the door, and William put his foot in the door—the prisoner said if he did not go home he would hit him, and he struck him in the face, not hard; it did not knock him down—when the prisoner was rubbing the beer out of his eyes William got hold of him and pulled him on the ground a-top of him—there was no struggle—the prisoner got up and went indoors away from him, saying he would see him in the morning—there was no other blow before they caught hold of each other—I and Mrs. McElwayne helped the deceased up and set him on the path—I did not see them squaring up at each other or taking their coats off—the prisoner had his coat off when he came indoors at eleven, before William came there.

WILFRED JAMES RICHARDSON , M. D. I was called in on the morning of 19th August to see William Smith—I found him in bed, lying on his back, suffering great pain in the abdomen—he could not pass water—I operated twice—there were bruises on his face, on the left eye, and the back of his head—the scalp wound was recent, also the cut on the forehead—he died on Monday, the 22nd—I made a postmortem—I found all the organs healthy, with the exception of what I have mentioned—there was a large rupture of the bladder, large enough to admit the hand, and the urine had escaped into the abdominal cavity, causing peritonitis, causing death—violence of some kind would cause the rupture—a man falling on him with his knees would cause it—the bladder was distended at the time.

JAMES LINNETT (Police Sergeant T 5). On 22nd, in consequence of information, I made inquiry, and arrested the prisoner at eleven p.m., for causing the death of his brother—he said, "Oh"—I read the charge to him—he replied, "That is right, governor. "

GUILTY Strongly recommended to mercy.— . Nine Days' Imprisonment.

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