9th July 1866
Reference Numbert18660709-616
VerdictGuilty > manslaughter

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616. PATRICK HARRINGTON (77) was indicted for the wilful murder of Peter Mann. He was also charged, on the Coroner's inquisition, with the manslaughter of the said Peter Mann.

MR. SLEIGH conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence.

CORNELIUS LEARY . I live at 41, Royal Mint Street, Whitechapel, and am a tailor—I know the prisoner—I did not know him before 24th June, to my knowledge—about twelve o'clock that night I was at the door of my house in the street—I heard a female voice crying out and making a noise in Bakers' Arms Alley, close by—I could not see up the alley from where I stood—I saw the deceased and his wife come out of the alley—the woman had a long-handled broom in her hand—I did not know them before—they came into the street, the wife defending herself—the husband hit her a blow in the face—she lifted the broom again—he stopped the broom, and hit her a second blow in the face—she did not strike him, because he defended himself, and she said, "You call me a wh—, and I am none"—they both fell on the ground—she fell from the blow he hit her, and he fell a-top of her—she dropped the broom and got up and hit him two blows with the right hand on the right cheek; then the prisoner came out of the

alley, stood between me and the deceased, lifted his hand, and hit the deceased a blow—I can't say where he hit her—directly the blow was given the deceased turned round and said, "Old man, you have stabbed me"—I stood where I was till some woman turned the deceased over, and said, "The man is bleeding"—I then went over, and said, "Good God! the old man has killed him"—I saw that he was bleeding—the prisoner walked away—I saw him in custody about ten minutes afterwards—I did not hear a word said by either party at the time the blow was struck—I believe they were all the worse for liquor.

Cross-examined. Q. What distance were you from the place where the man fell? A. About two and a half yards—the female was crying "Murder!" in Bakers' Arms Alley—I did not see her then—the deceased did not strike her any violent blows—the third blow he hit her knocked her down—the prisoner only struck the deceased one blow.

DANIEL LEARY . The last witness is my father—I was in Royal Mint Street on this night, and saw a man and woman quarrelling—I heard a cry of "Murder!" in Bakers' Arms Alley—I ran downstairs and saw the woman strike the deceased twice in the face—they were then in the middle of Royal Mint Street—I did not see the man do anything to the woman—I was not down at the time—I saw the prisoner come from the court and strike the man in the breast, and he turned round, and said, "Old man, you have stabbed me"—the prisoner after he struck the blow walked over to the court—the deceased fell down and there he laid—the woman turned him over, and I saw that he was bleeding—I saw a constable take the prisoner—he was then about four yards from where the deceased fell—he said to him, "Old man, you are accused of doing this murder"—he said, "I do not know; I do not know nothing, and I was not there at all"—I had never seen the prisoner before or the deceased—they were all strangers to me—the prisoner was tipsy, and so was the deceased.

Cross-examined. Q. Was not what the prisoner said this? "What is this for? I know nothing about it." A. Yes.

COURT. Q. Could the prisoner see deceased strike his daughter? A. No, he could not until he came to the corner of the court—I think there was sufficient time to allow of his seeing the blow struck.

HELENA KEEFE . I live in Royal Mint Street, and am married—I was at this place when this disturbance happened—I saw the deceased and his wife running out of Bakers' Arms Alley—I was standing at my father's door, where I live—the woman had a long-handled broom in her hand—the husband hit the wife in the face with his shut fist, and she hit him back again with her fist—she never used the broom then—both of them came together and fell—the husband got up and hit the wife while she was still on the ground, and I went and stood between them and saved her from the blow—she then hit her husband twice in the face—he was drawing his hands back again to hit his wife, and the prisoner just at that moment came out of the alley and gave the blow—the deceased staggered, went about four or five yards, and fell—the prisoner went away and left him there—they were all strangers to me.

Cross-examined. Q. Were they all the worse for liquor apparently? A. Yes, they were—I heard the woman hallooing out in the court—I do not know what she was hallooing.

WILLIAM SHIELDS . I live at 38, Royal Mint Street—I was indoors on this night—I heard some screams of murder, went out, and saw the deceased being taken away—I saw a man pick up the knife, and chuck

it away—this is it (produced)—it was some man who was standing round when the murder happened—I do not know him—he kicked it in the road—I picked it up and gave it to the constable—the blade was all over blood—it was shut when I picked it up—I saw the other man pick it up close against the building where the man was lying—it was closed then.

JOHN GREATHEAD (31 H). In consequence of information, I went to Royal Mint Street—I saw the deceased lying on the ground—he was dead—I caused him to be removed—I took the prisoner into custody about five minutes afterwards at the corner of Bakers' Arms Alley—I told him it was for causing the death of his son-in-law—he said, "I know nothing about it whatever"—he had been drinking.

Cross-examined. Q. How far from Bakers' Arms Alley is it to 41, Royal Mint Street? A. About eleven or twelve yards—it is the opposite side.

JOSEPH DENDY (Police Inspector). I booked the charge against the prisoner at the station—I told him he was charged with causing the death of his son-in-law, who was lying dead at his feet then—he said, "I did not do it; I do not know anything about it; I was not there at all"—he was the worse for liquor.

Cross-examined. Q. That is to say he was drunk? A. Yes.

JOHN LOAME . I am a licentiate of the College of Physicians and a surgeon—I made a post mortem examination of the body of the deceased, in conjunction with Mr. Phillips, on the Tuesday morning, the next day but one after the 24th—there were two wounds on the breast, one on each side—the one on the left side had stopped short of the lower rib—it was stopped by the rib—the one on the right side had penetrated the cavity of the chest—it had first of all entered between the second and third ribs, had stopped short of the intercostal muscle, passing over the third rib, and had penetrated the cavity of the chest just below the third rib—it had wounded the right lung and punctured the ascending aorta just above the heart—the cause of death was the failure of the heart's action, due to the excessive hemorrhage caused by the wound—this knife might possibly have caused the wounds, but it is not such an instrument as I should have expected to have produced them.

Cross-examined. Q. I believe it was utterly impossible that both wounds could have been caused by the same blow? A. They could not have been.

MICHAEL MANN . The deceased, Peter Mann, was my brother—I know this knife—it is the same size, appearance, and colour, and has the same sort of string to it that the prisoner used to use—I have had it in my possession several times in the last few years—I have seen him use it over a hundred times—he sells laces in the streets, and he uses that for the purpose of cutting the laces when the people buy of him—I had seen it in his possession on the Sunday previous to this.

Cross-examined. Q. Has the prisoner lent it to you? A. Yes, to cut tobacco with—he always keeps it round his neck—if he wanted to lend it he would take it off his neck—I cannot say really this is the knife, but it is the same sort of knife—I was in Bakers' Arms Alley from first to last when this occurred—the deceased and his wife had been drinking all the night—I was in the alley when they were fighting, and I separated them—she struck him twice over the face, and called him everything alive—I heard him call her a wh—.

The prisoner's statement read. "I have nothing to say, but I had not a knife in my hand, or anything like it—if I did not strike him with my

nails I had nothing else—his wife told me he tried to cut his throat with a razor."

The Lord Chief Justice (upon being appealed to by Mr. Williams as to whether there was any case to go to the jury upon the charge of murder) stated that the only ground upon which the offence could be reduced to manslaughter, would be that the fatal blow was struck under the impulse of strong resentment caused by seeing his daughter assailed by her husband, although not in a manner calculated to endanger her life. This was a some-what novel point, and if it became necessary it should be reserved.

GUILTY OF MANSLAUGHTER. Recommended to mercy by the jury on account of his age, his being in liquor at the time, and under the belief that he struck the fatal blow for the protection of his daughter. Confined Twelve Months .

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