The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-20 00:00:00

FIFTEEN YEARS' PENAL SERVITUDE.

At the Durham AuirPs, George Smith was pisced at the
bar charge with the wilrul murder of Michael Bainbridge,
at Hatton le.lidie, on the lath of aeptember ;ad.
Mr. Greti,h,w and Mr. John Edge conducted the prose-
cution ; and Mr. C. J. Fawcett and Mr. Milvain defended
the prisoner.

It appeared that the prisoner and the deceased man
were pitmen and near neighbours in • street called
Barringtonmo w, in Hetton. There werefar from friendly,
however, and there was a good deal of evidence of pre-
existing ill feeling on the part of the prisoner towards
the deceamd on account of over.kindltnees supposed by
him to exist between the deceased and his own wife. He
bad, indee I, been heard some months before to say of
Bainbridge that he "would put that fellow right, and
blow his brains out," and about the same time he was
bound over to Imp the pence; and be had frequently
been beard to call Bainbridge his wife's "bully." The
prisoner came home from work late than usual, at
about seven o'clock in the evening, on Monday, the
15th of September, half drank, and he sat down and
b,gan to cry. He then ordered his wife and step-
daughter, a girl of 15, called Barbara White, out of
the house, saying he was not going to keep both of
them ; and, after some remonstrance, they left and
went to a neighbour's, with the rest of the children.
The prisoner followed them into his yard, and seeing
Bainbridge a; his own door, a short distance off, called
upon him to fight, saying he was not afraid to let every
one know who it wee he wanted to beat—namely. his
close neighbour, Bainbridge. Bainbridge, however,
refused to fight, but Mrs. Bainbridge came up and
gave the prisoner a ship in the 'ace and tdd him to
atop taunting her husband about his wife. The pri-
soner thou turned to the door of the next house and
called to its occupant, a man named Rosy, to come
out and fight. Bray and a brother-in law, named
Simpson, ran out, and • struggle then ensued in the
tr eet, in which the prisoner, Bray, and Simpson were
all down together on the ground, and while down
Bainbridge kicked the prisoner, and Mr. Bray poured
some water on him. His wife and step-daughter got
him away from this struggle, and took him back into
hie own house, whence he again ordered them, and
locked the door behind them. The girl then looked
the kitchen window and saw her father standing on a
chair and taking a gun down from the place where it
hung upon the wall, and .be saw him handle as though
putting a cap on. She had seen him load the gun two
days before, when out shooting with it, aqd she called
out to the I risoner. "Oh, father! Don't take Use
gun !" and to the people about. "He's getting his
gun ; hehr getting his gun." Meet of the people outside
then ran away into their homes, but the deceased man
Bainbridge' with two companions, continued to sand
a few yards off, on the farther side of thestreet, and di.
rectly opposite the piimner'n pantry window; and
Bainbridge called out, "He dare not do anything with
the gun; he's often had it down before." A certain
time then elapsed, variously given by different wit-
as-ears at front five to fifteen minutes, and the priaoner's
voice was then heard from the pantry window calling
to Bainbridge, ani again alluding ti the grievance of
his wife. Bababridge called back that he might "take
down hie gun," and at the same time pi lesd up a
beck and threw it through the pantry window, and
almost imn-ediately the muzzle td • gun wax protruded
through the window, the gun sirs* fired, and Bainbridge
fell melody wounded, with the entire charge of
shot lodged in his heart and b two's, and he died a few
minutes after. The prisener at first refused to a knit
anybody to the house, but at length let in the police.
constable, who found him with the discharged gun
still in his hand. He at first said that he had done the
act "in self-defence," as there were three kicking
him;" but shortly afterwards he stated that he did
not think there was any charge in the gun, and he also
suggested at a subsequent time that the gun went off
accidentally.
Upon these facts the learned counsel for the defence
contended that, owing to the shape and poeition of the
pantry-window (which was half formed of • sort of
sliding trellised panel) it was not proved that the gun
did not go off accidentally while the prisoner was
y ing to push snide the panel with the muzzle, in-
tending only to frighten the men outside by pro-outing
the gun, and at most that the prisoner had fired the
gun at der the influence of persist &roue,. ly the un-
equal & -niggle in the atreel., which pa's) ru had not had
sufficient time to subside, and was rekindled by Bain-
bridge's further act of provocstion in throwing the
brick.

Ilia Lordship most carefully iminsne3 up the evidenoe
hi the jury, dirgcting tbem that if they believed
that the prieoner was actuated by pro-existing
malice, or that, attest remaining • sufficient time in
the Maple for the passion originally roused In him
by the eiruggle to 0001, he taunted Bainbridge with
the subject of his wife in order to invite • flintier act
of provocation, such as the throwing of the brick.
to lead to hie firing the gun, they should find
him guilty of murder; but if they thought that the
prisoner'a passion had not o e•led down during the in.
terval sia-ut in the home. and that he acted under the
ii fl truce of it, they should find him guilty of man.
slaughter ; while if they believed that the gun really
went off accidentally they might acquit the prisoner
altogether.
The jury retired to consider their verdict, and, after
an absence of rather more than hour, returned into
court with a verdict of Guilty of manslaughter ; and
the prisoner was sentenced to be kept in penal servi-
tude for 15 years.