The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1880-02-21 00:00:00

THE WIDNES MURDER.

At the Liverpool Assizes, on Thursday In last week, Hugh
Barns, 80, labourer, Patrick Learns, 21, labourer, and Mary
Anne Tracey, 28, were charged with the murder of Patrick
Tracey, the husband of the female prisoner, at Widnes, on
the 24th of October.

Mr. Heywood, Mr. Mulholland, snd Mr. Cooper appeared
for the prosecution ; the prisoners were dsfended by Mr. Com-
mins and Mr. Lgmb.—We take the following report of the
cue from Ihe Twnes

The cue for the prosecution was, that the three
prisoners together murdered the deceased man for the
purpose of obtaining the insnranoe mosey on his life.
In the month of October, 1878, an insurance for £lOO I
was effected on his life, and a few weeks prior to that
one of £250 in the Accident Company, both of them
with the full concurrence of Tracey. Some time
before the murder Alm Tracey had been trying
to effect another insurance, but the agent of the
company declined, as he considered the deceased
Insured for a sufficiently large sum for a man
in his position. It was also alleged that the female
prisoner and Kearns were on terms of criminal inti-
macy, and this fact, coupled with the object of
getting the insurance money, was alleged as a motive
for the crime. On the night of the murder the neigh-
bours heard sounds in Tracey's house, and one of them
said she heard footsteps going from the kitchen up-
stairs, and immediately afterwards a cry from Mrs.
Tracey, "My darling is dead." Soon after Kearns
came to the door and asked her to go in. She went,
and found the two male prisoners ha the kitchen,
fully dressed, and they asked her to go upstairs,
On going she found the female prisoner sitting
on the stairs with a child in her arms, and on the
witness asking her if the child was dead, she said, "No,
It is Pat; go in and fix him and regulate him and you
shall be well paid for it." The deceased's body was
found in bed with a quantity of blood about his head
and neck, and on a post-mortem examination being
made the corotid artery was fouud to be Revered. The
account given by Mrs. Tracey, and adopted by the
other two prisoners, was that there had been a
burglary committed in the house and £l5 stolen, which
Mrs. Tracey had put away in the house, and that the
burglars had gone upstairs and murdered Tracey as
he lay in bed with his wits and child by his side.
This it was said must be false for the following
reasons :—There was a quantity of blood on the
bedclothes under Tracey, but none on those above
him, and not a spot on either Mrs. Tracey or the
child's nightdress, and this was said to be impossible
considering the nature of the wound. There were no
signs whatever of any burglary having been com-
mitted, all the windows being covered with duet and
obviously not having been opened in any way, and
there was nothing to show that the back door had been
opened before Kearns opened it to go to the neigh-
hours. Again, it was shown that Mrs. Tracey had been
in debt to different persons, and was not likely to have
£l5 in the house. The two male prisoners were also
said to have bought a pistol at one shop and powder
and ammunition at others in the neighbourhood im-
mediately before the murder, and a pistol, said to be
the same, and some ammunition were found soon
after in a yard near the house. Evidence was also
given that Burns and Kearns, when the police were
in the house, showed the greatest anxiety to get away,
saying they were going to their work, though it was
three o'clock in the morning, and they had been
shown to have been out of work for some time. All
these circumstances taken together, the prosecution
alleged, showed that the murder could have been corn-
mitted by no one but the prisoners, and that they
were acting in concert. While in gaol Kearns made a
statement in which he detailed what he said were the
circumstances of the occurrence, saying that Burns
committed the murder and made him keep silent about
it by thrsatenieg to blow his brains out as he had
done Tracey's.
Evidence was called in support of this case, and the
trial was adjourned to the next day, the jury being
locked up all night.
Next day (Friday) Mr: Heywood summed up for
the prosecution. He submitted that it had been proved
that a most atrocious murder had been committed,
and the jury would have to consider whether that was
done by a person or persons entering the house unlaw-
fully, or by some of those, in the house. The evidence
pointed to the improbability of any one having entered
the house. There were dustand cobwebs on the window'
no noise warn heard. Even.if the £l5 had been stolen from
the broken box downstairs, there would have been no
reason for the burglar going upstairs and murdering
the deceased. This theory, he argued, the jury should
not accept. Was the deed done by those in the house?
He commented on the untruth of the statements made,
the fact that a light was seen after it was stated they
had gone to bed, the state of the body and blood stains
when examined; and the purchase of a pistol and
powder by Burns. Lie then pointed out probable
motives. There were acts of familiarity between the
prisoner Tracey (wife of deceased) and Kearns. There
were insurances effected on the life of the deceased,
and more were proposed.

Civaaauvallato, 1...• as L....yr v. 11.4
submitted to the jury the inconclusive nature of the
whole evidence. As to Burns, there was no motive
even suggested. The insurances were all made by and
well known to the deceased pit was not proved that no
one else could have committed the crime. A burglar
might have entered by the front door. He might have
wanted more money, and have gone upstairs in search
of it. The learned counsel further pointed out that
the ease differed as to each of the prisoners, and that
though the jury might believe that one of the prisoners
did it, before they could convict it was imperative
they should be convinced without doubt which was
the guilty person.

After a careful summing up by the learned Judge,
which occupied just upon three hour&

The Jury-Convicted the prisoners.
His Lordship, who was much affected, in passing
sentence, said,—Prisoners at the bar, you have been
convicted, after the most patient investigation, and
by a most righteous verdict, of having murdered
a fellow•ereature cruelly, deliberately, and ruth-
lessly. There was no quarrel, no extenuation, no
exeunt:. You have murdered a harmless and inoffensive
man from the basest and wickedest of all base and
wicked motives. For this awful crime, not I, but
the law whose minister I am, pronounces the
sentence that you must die. You sent your victim to
his death without warning, without one moment of
preparation; the law, more merciful, allows you that
time for preparation which von denied to him. How
you will stand before that awful Being whose crea-
tures we all are, it is not for one of the weakest of
those creatures to say, I only tell you that, as His
wisdom in infinite, so His mercy is unspeakable.
Sentence of death was then passed in the usual form.
Mr. Commins, on behalf of the female prisoner,
pleaded that she was quick with child, and asked that
a jury of matrons might be empannelled to try the
question.

His Lordship said that it was net necsasary. He
would take it upon himself to see that the sentence
was respited, as he was satisfied of the prisoner's con-
dition.

At the Liverpool Assize Court, on Tuesday, before
Lord Coleridge, IttarY Ann Tracey was brought down
to the Assize Court and placed in the dock. It may
be remembered that the prisoner pleaded in arrest of
judgment that she wag quick with child, and
Lord Coleridge said that he did not consider it
necessary to empanel a jury of matrons, as he
was satisfied of the prisoner's condition, and
would take the responsibility of respiting the
sentence. His Lordship, however, now ordered
a jury of matrons to be empannelled to try the ques-
tion of whether the prisoner was quick with child or
not, and they were placed in the box and sworn. The
jury retired with the snrgeon of the gaol and the
prisoner, and on their return the Clerk of Assize said.
"Forematron, are you agreed upon your verdict ? "
and on an answer in the affirmative being received, the
verdict, which was that the prisoner was quick with
child, was taken, and his Lordship respited the sen-
tence until she should be delivered.