The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-11-03 00:00:00

THE
DUDLEY MURDER CHARGE.

VERDICT AND SENTENCE.

James Groark was, on Thur(la,y morning, put on
his trial, at Gloucester As 3izt-,,5, before JustictA
Pearson, on the charge of the wilful murder of his
brother, at Dudley, on the 14th of,'October.
Mr. Wells was for the prosem tion.
The prisoner htd no counsel, and, at the regnest
of the Judge Mr. Gough took the defence.
Mr. Wells briefly opened the ease
__._ _ _ _ •

Frederick Groaik, -brother of the prisoner and
deceased, said that on Saturday night, the 14.11
October, prisoner was asleep in the kitchea when
deeeased came in Prisoner told him h 3 W tu'el
nothing to do with him, and he would not if
and sail if deceased did not keep quiet he would
fet_h a policeman. He went:out, apparently for
the purpose of fetching one, but returned without
one. Deceased then told him that if he brou.tht
policeman he would knock him (prisoner) under the
table. Piisorter went out a second time and re-
turned without a policeman. A few minutes later
witness was upstairs, when he heard a noise in the
kitchen as if someon6 was fal ing, and going down
he found the deceased lying on the floor bleeding
from a wound in the chest, He raised him up and
said to prisoner, " James, what have you done,"
but prisoner made no reply. His mother and sister
came downstairs to:the kitchen, and a policeman
was called in. In cross-exameination, witness slid
deceased was very quarrelsome. On the night in
question .deeeas 'd was in such a state as to be a
terror to the whole family. Prisoner cried during
the whole evening, and witness believed deceased
had been beating him. When witness heard his
brother fall, erimoner cried out that deceased had a
fit, but he showed great grief on learning that
deceased hat died. 'The knife had been lying on
the tobl3 the whole evening, so that anybody
might have used if.
Mary Dell, a marri3d sister of t.,e pri,ou-tr, °ewe
similar evidence, and said both brothers were d'''runk
an hour before :he affray took place. Earlier in
the evening she was in a public house, and saw
deceased uho asked her to have some of the beer,
saying " Drink, Mary, this is the last you'll have off
me." When the prisoner threatened to fetch a
policeman, deceased asked him not to do so, as he
was bound over to keen the pe tee, -
The Judge here interpos2d, and asked what the
1-fence would be.
Mr. Gough said he should contend that it was
an accidental occurrence,. or at least unpremeditated
and could not be murder.
The Judge said it was clear the deceased wts the
aggresser, and that it wt.!.s not a case of murder
and he should so direct the jury.
Police-sergeant Bibby, who ran to the house on
hearing cries of " Murd3r." said tho prisoner, on
'being arrested, made a statement:that when he
went home his brother wanted to quarrel with him,
but he would not fight, and went out to fetch a
policeman. He could not find one, and on return-
ing said to deceased, "If you atrike me again I will
put something into your heart." The prisoner
concluded by saying, r‘ He had struck me several
timei. and on his striu.ing me again I did it."
Police-constable Clark deposed to finding a
kniFe on the table covered with blood.

Mr. Bellingham. surgeon, of Dudley, who was
called to se the deceased on the day folf6wing the
affray, said there was a punctured wound under
t,.e fi ;.th rib, which had s,Jvcred several arteries i:nd
penetrated to the left lung.
Mr. Gough, in a sort tiddress,. suggested that
the whole affair was an accident. Ile commented
on the evidence cf the quarrelsome disposition of
the deceased, contended tha the threats were used
for the purpose of preventiu4 further violence, and
asked the jury to believe that in a Ecaffli the candle
was knocked down, deceased fell against the knife
and rolled to the ground and diet
The Judge, in summing up, also comme•it&l on
the quarrelsome nature of the deceased, and con-
cured .in the suggestion of the prisoner's cousel
that Ihe threat to stab decedsd was on'y meant
with a view to irevent him using further violence,
The jury found the prisoner guilty of man.