The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-10-15 00:00:00

EXTRAORDINARY CASE OF MANSLAUGHTER

AT KIRKDALE.

Considerable excitement and alarm was exalted in Kirkdale
and its immediate neighbourhood on Sunday and yesterday,
by a rumour that a man of the name of Bibby had killed his
wife. The case, (though the coroner's jury have, in conse-
quence of the evidence of the surgeon, returned a verdict for
the minor offence,) is one of so extraordinary a nature that we
supply the whole of the evidence, as well as some prefatory
particulars, which are corroborated by the evidence or de-
rived from a visit to the tragic scene.
The prisoner is a farm-labourer, latterly in the employ of
Mr. Fogg, of Walton, and is stated to be an industrious,
saving, and rather ingenious man in his station in life, being
not only well acquainted with the various departments of
husbandry, but useful by his ingenuity in repairing carts,
barrows, or agricultural implements. He is above 40, and
his wife was about the some age. The neighbours generally
concur in the fact, that though the wife was considered a
sober striving woman, they did not live agreeably together,
but were frequently known to quarrel, though lit was not re-
marked that they came to blows. The prisoner is said to be a
quiet man, excepting when affected by liquor, and it was stated
by several of the neighbours that he was the more readily
affected by having been injured by a kick of a horse on:the head
some years ago. Of this however, no evidence was adduced.
They have had three children, but two of them are dead. The
other a boy of about 2 years of age, was in the house when
the fatal assault took place, on Sunday morning last. The
very small house or cottage in which they lived is situated
in King-street, Kirkdale, a small street of nearly new houses
running east and west. The cottage is recessed several
yards from the frontage of the street, the intermediate
space forming a little yard divided from the street with a
parapet wall topped by a little railing. From this yard the
unfortunate deceased used to retail coals, and the lower part
of the house, in front, was used as a little apple and cake shop.
The public-house of Mr. Powell, to which the deceased re-
treated, is next door, and at the corner of a street leading
north, called Summer-gardens. In this last street close by,
on the same side, is the house of Mrs. Aspinall, where the
deceased died, in less than half an hour after she had left her
own cottage. The prisoner was apprehended by Inspector
Angus near his own house, about eleven o'clock on Sunday.
Yesterday, about one o'clock, P. F. Currie, Esq., and a
respectable jury visited the premises and viewed the body.
They afterwards went to Liverpool, to which most of them
belonged, to hear the evidence, the prisoner being there in
custody. The inquest was held in the office in Orrell's-court.
The prisoner was allowed a seat during the examination. He
is a sallow-looking man, with sandy hair, and was dressed as
an ordinary country labourer—a smock frock and a fustian
waistcoat. He appeared to be dejected and emaciated, and
was, it appeared, so deaf, that when asked at the close of the
evidence (with the usual caution) if he had anything to say,
he could not be made to comprehend the question.

The following is the evidence :
Elizabeth Aspinall being sworn, said :—I am the wife of
Samuel Aspinall, and we live in Hartley's-court, Summer's-
gardens, Kirkdale. I know the deceased. She was the wife
of the prisoner, whose name is William Bibby. They resided
in a small house in King-street which is near to where I live.
Yesterday morning about ten o'clock, the deceased sent a
little girl for me to come and see her at Mr. Powell's, who is
a neighbour close by. I went there, and saw the deceased
sitting on a chair. She asked me if I would allow her to
come into my house and lie down, as her husband had been
beating her. She asked me to look at her head. I saw one
of her ears was very dark. She afterwards got up and came
into my house. I got her a pillow down stairs to lay her
head on the table, and she vomited a good deal. She said
two or three times after she got into our house that her hus-
band had nearly killed her. She wanted a doctor to be sent
for, and I sent for one. No doctor came for nearly half an
hour, and the deceased was then dead. My next door neigh-
bour was with me when the deceased died. She laid herself
down on the floor soon after she came in, and was in that
position when she died. The deceased was about 40 years
old ; and for what I have seen of her was a sober woman.
For the last fortnight the prisoner and the deceased have
lived very disagreeable. The deceased in giving an account
how her husband had beat her, said, that he had a child in
his arms when he first struck her, and that he afterwards put
the child down, and then struck her with both his hands. I

did not think she was in a dying state when she said this,
but she must have been from the short time she lived after-
wards, and when she told me to send for a doctor,. she then
said, " I think I am dying." During the last fortnight, the
deceased was out one or two nights, and she and the prisoner
had some quarrel about it.
Elizabeth Powell said, I am the daughter of Elizabeth
Powell, and live in King-street, Kirkdale. My father
keeps a public-house there. I knew the deceased very well.
She and the prisoner have lived close by for the last four years.
She was often in the habit of coming to our house, and to
work for my mother, and sometimes she would have some-
thing to drink. Between nine and ten o'clock yesterday
morning, the deceased came into our house. She had her
cap in her hand. She called me by my name, the moment
she came in, and said her husband had been nearly killing
her. She asked me to give her something to rub her hand
with, and I think it was the left one which appeared much
swollen, and was swelled half-way up her arm. I got some
vinegar and rubbed it over her hand. She asked me would
I send any one for a police-officer. I sent one of my sisters
for Mrs. Aspinall, who immediately came, and the deceased
and she went out directly, and I never afterwards saw her
alive. For the last fortnight or three weeks, the deceased
and the prisoner have lived very uncomfortable. They used
to quarrel, but I never saw any blows given, but I have often
heard the noise of their quarrelling. When the deceased
first came into our house, she complained of her head, and
said her husband had done it. She asked for a glass of
whiskey, after she came into our house, and I gavelit to her,
and she drank it. The deceased, about twelve days ago,
stated to me that she had broken open a box, in which her
husband kept his money, and had taken £1 12s 6d out of it.
and that she bad taken some of the clothes out previously
and pledged them, but that her husband knew that she had
pledged them, and had taken the money to redeem them.
Sarah Rustage, a girl of about twelve years of age, daugh-
ter of William Rustage, being sworn, said, I knew the de-
ceased very well since she came to Kirkdale. I knew the
prisoner. Their house is in King-street, and there is a small
court in front of it. I went often to the house. It was a
small shop, where they sell sweets, cakes, and apples. Late-
ly the prisoner and deceased often quarrelled. Yesterday
morning, about ten o'clock, as near as I can tell, I was stand-
ing by the gate of the court, in front of their house, when I
heard the deceased scream out " murder ;" and on looking
into the house, the door of which was open, I saw the pri-
soner strike-out with his lists, as if he was striking at some-
body, and the deceased immediately afterwards screamed out

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" murder!' several tirneii— From where Ivr -AMA
could not see the deceased. Directly after the prisoner ca Irdi 7jA.
to the door, and he tucked up his shirt sleeves, and struck,
as I supposed, at the deceased again. Prisoner then came
out with the'Child'in and "soon after the deceased
came out, and went into Mr. Powell's. From where 1 stood
I could distinctly see the blows struck by the prisoner ;
but I cannot swear that they were struck at the deceased.
There was no one else in the house but the prisoner, the de-
ceased, and the little child. After I saw the blows struck by
the prisoner, I heard the deceased cry out " murder." The
deceased afterwards walked to Mrs. Aspinall's, and she
seemed very much hurt, and leant by the wall as she was go-
ing. Mrs. Aspinall was with her.
By a Juryman.—After the prisoner and the deceased came
out, I went into the house, and looked in, but there was no
one else in the house.
Edward Barrow, sworn—l am a bailiff, and live in Morley-
street, Kirkdale. Yesterday morning I was standing in
King-street, Kirkdale, opposite the prisoner's door speaking
to a man of the name of William Hale. I heard some one
from the inside of the house screetch out murder, and on
looking towards it I seen the prisoner sitting on a chair with
the child on his knee. I saw his band go up, and saw him
strike several blows at something, but cannot say whether it
was at the deceased. I thought that the prisoner and his
wife were quarrelling, and I shook my fist at him ; but I did
not go into the house as I once got myself into a scrape by
interfering when a man and his wife were quarrelling, and I
made a vow I should not do it again. The prisoner came to
the door, after I had shaken my fist at him, and pulled out
his watch, and I turned my back, and saw uo more of him.
John Knowles, said I am a shoe-maker and live in Kirk-
dale. Yesterday morning I was passing the prisoner's
house, and saw him tucking his shirt sleeves up as if he was
going to fight some one. By the time I was about 10 yards
off I turned opposite his house, I saw the prisoner sitting
on a chair. All of a sudden he juinped up, as if in a hurry,
and he ran across the room as if to strike somebody. Di-
rectly afterwards I heard a scream of " murder," and a
noise like some earthen-ware pots falling. I stopped until
I saw the deceased come out, and she went into Pownall's.
Prisoner came out before her. I have known the prisoner
for nine or ten years. I have heard tell of their quarrelling
and fighting at different times, but never saw it. I have
seen him tipsy, but cannot call him a drunken man. He is
a labourer.

Jane Baines said—l am the wife of James Baines, and live
in Summer-gardens, Kirkdale: I knew?. the deceased. Yes-
terday morning I saw the deceased walking in the passage
leading to Mrs. Aspinall's house. She was saying, " Oh, 1
am dying," and seemed hardly able to walk. She leaned
her head against the wall for some little time, and then went
into Mrs. Aspinall's house. I followed her in, and she began
to vomit a good deal. She appeared to be dying, and asked
for a surgeon. I sent off fora surgeon, but she was dead be-
fore he arrived. I asked her where her child was, and she
said she did not know, and that her husband held the child
with one hand while he hit her with the other ; also, that her
husband afterwards laid down the child and struck her with
both hands. She several times said that she was dying •, that
he had catched her right under the ear. When she said this
she appeared to be sensible that she was dying. For a long
time past they appeared to live on very indifferent terms. I
never saw her drunk. I have known him for twelve years. -
John Angus being sworn, said—l am an inspector of police.
Yesterday, a little after eleven o'clock, I was in company
with Mr. Bradshaw in Kirkdale-road, whin information was
brought to me that a man of the name of Bibby, residing in
Kirkdale, had killed his wife. We went there immediately,
and found a crowd of persons close by the house of the pri-
soner ; and the prisoner was standing with his back against
the wall, with the hammer which I now produce in his hand.
I did not at first observe the hammer in his hand, till some
of those about told me of it. The prisoner went into the
court in front of his house, and laid the hammer quietly down,
and then came back and stood in the spot where I had first
seen him. The prisoner appeared to be quite in liquor then.
Augustus Broadbridge sworn. I reside at Kirkdale. I
was called to the deceased between ten and eleven yesterday
forenoon. I found her dead. I found her lying on the floor
of a house in Summer's Gardens. I examined the body.
On the left side 'of the head and neck there were marks of
severe injury, and the parts were much discoloured. I have
since made a post mortem examination by direction of the
coroner. Upon removing the scalp from the skull, I found
considerable effusion of blood on both sides of the head
under the scalp. The skull was uninjured. The brain was
uninjured also, but there was a little vascularity of the blood-
vessels of the brain. The blood-vessels were fuller than in
a healthy subject. I opened the chest immediately after—
found the lungs healthy, but an effusion of serum in the
cavity of the plura or chest of 14 to 16 ounces of serum.
The aorta or large artery of the heart was considerably en-
larged. Between the pericardium and the heart, there was an
effusion of fluid, about two ounces in quantity. All the ribs
were perfectly sound. I did not discover any other external
marks of violence than those I have first mentioned. In
my opinion the cause of death was an effusion of water into
the cavity of the chest, and between the pericardium and the
heart, and which effusion may be attributed to excitement as
well as to the excitement of spirits, a quantity of which I
found in the stomach. I am decidedly of opinion that a
blow could not have occasioned the effusion. The effusion has
been going on for some time. The deceased had been
under my care about nine months. She complained then of
an ulcerated sore throat and a difficulty of breathing. The
effusion of blood under the scalp as above described, was not
•the apparent cause of death. A blow or a fall yesterday may
have slightly hastened death. The discolouration in the neck
and head of the deceased which I observed when first called
in, might have been caused by a blow or a fall. Whether it
was a blow or a fall it must have been very severe to occasion
so much blackness so soon. There was no corresponding
injury internally to account for death. On looking at the
case altogether, I do not think the death of the deceased has
been occasioned by violence, although from the previous state
of the health of the deceased, her death may have been has-
tened by violence. Persons frequently die from concussion
of the brain, and on a post mortem examination in such cases,
there is frequently no trace left behind differing from those
presented by the brain of the deceased.
The Coroner, in adverting to the evidence, then said that
this was one of the most extraordinary case that had ever
come under his notice. The whole result of the investiga-
tion before them, as to the causeof the death of the deceased,
depended on the evidence of the surgeon, and thatwas so far
exculpatory of the prisoner as regarded the 'major offence,
that it would be scarcely necessary for him to define to them
the legal distinction between murderand manslaughter. There
could be no doubt but that the prisoner had grievously M-
used the deceased. This was borne out by the very clear tes-
timony of the little girl (the third witness,) as well as by the
declarations' of the dying woman herself, which, in such case,
was legal evidence. The surgeon, however, attributed her
death to internal disease, which he admitted might be accel-
erated by external violence. If they thought there was malice
prepense in the blows given by the prisoner, which hastened
or produced the death of the deceased, the offense would be
murder : if not so, but that the blows he inflicted did acceler-
ate her death, the offense would be manslaughter. 1f,.0n the
other hand, they conceived that she died from natural causes,
they would find a verdict accordingly.
The jury, after retiring for about ten minutes, returned,
when the foreman stated that twelve of them had agreed to a
verdict of " Manslaughter, considering the prisoner had
hastened the death of the deceased ;" and added, that three
of them were dissentient. _ _

The prisoner was theh committed on the Coroner's war-
rant to take his trial at the assizes.

Lord Langdale (brother to Mr. Bickersteth, of Rodney-
street, in this town) has purchased Templeton-honse and its
domains, at Roehampton.

The new barque Competitor, Capt. Prichard, which sailed
from this port for Sydney, N.S.W., on Thursday last, has
put back, after being off the Salters, and experiencing a most
severe gale, by which she lost her foretopmast and maintop-
gallantmast. She is expected to sail again by the end of the
week.

The United Kingdom, Capt. M'Coll, is now in the South
Graving-dock, and will be dry to-day (Tuesday).
PUGILISM.—We understand that Brassey, a notorious
boxer resident in Bradford, engaged in a prize fight on Tues-
day last, with a man named Charley Langan, of Liverpool,
for 100 sovereigns. The battle took place at Woodhead, on
the borders of Derbyshire ; it lasted 21 hours, consisted of
71 rounds, and was decided in favour of the Bradford man.
We are infoimed that the antagonist of Brassey died at Liver-
poolon Wednesday night, of the injuries he had received du-
ring the conflict, and that Brassey was apprehended at Leeds
on Thursday, tb answer for his death.—Leeds Intelligencer.

THE TRANSATLANTIC STEAM-SHIM—The Great West-
ern, which will leave Kingroad, Bristol, on Saturday next, for
New York, will take out her full complement of passengers.
The applications for berths have been far greater than the
ship can accommodate. The British Queen, which will leave
Portsmouth for New York, :on the Ist of November, has
nearly 200 berths engaged already. The packet-shies still,
notwithstanding the opposition of the steamers, get a fair
share of passengers. The. Siddons, which sailed yesterday
for New York, had upwards of 20 in the cabin.

CHARGE OF MURDER ON THE HIGH SEAS.—On Friday
morning two officers, belonging to Falmouth, delivered into
the custody of Mr. Cope, the Governor of Newgate, John
Wentworth Fairbanks, a young man, 19 years of age, and
steward to the barque Secret, of Liverpool, who stands
charged with the wilful murder of William White, master of
that on the high sea, between England and Rio de
Janeiro. The prisoner had undergone au examination at
Falmouth, and stands committed to Newgate for trial at the
ensuing sessions. The circumstances connected with the
occurrence have already appeared in:this journal.

- -
LIVERPOOL TRADESMEN'S INSTITUTION--We are happy
to see such strong indications of a determination to make this
association conducive to extensive benefit amongst this intel-
ligent and industrious class of our fellow-citizens. We are
delighted, too, to perceive,- that the promises of good held
forth When a slight indulg,ence was claimed by the shopkeep-
ers' assistants will fain to be fully realized. The association
is commencing the winter campaign with spirit, by a course
of twelve lectures on Chemistry, by Mr. C. G. Feinaigle.
By the syllabus, we perceive, that the course will embody a
vast quantity of valuableinfoftnation, and we have, inits ar-
rangement, a foretaste Of the talent of the lecturer.

IMPERIAL BANK, MA'kcirtsTEß.—An adjourned meet-
ing of the creditors of the linperiat Bank, was held at the
Clarence Hotel, in Manchester, on Monday last (yesterday.)
The attendance was more numerous than at the' preceding
meeting. The object of the meeting was, to ascertain whe-
ther the directors were prepared to make any proposition to
the creditors, by which the affairs of the bank could be
wound up in the most satisfactory manner. After a length-
ened discussion, the following resolution was-passed, " that
six gentlemen be appointed from the body of the creditors,
to act with the creditors, under a trust deed, to be prepared
for that purpose, to investigate the state of the bank, and its
capability to pay its debts ; and that this meeting recommend
that all legal proceedings be stopped till they report thereon ;
and that they be requested to bring up a report this day three
weeks ; and that the future and present assets of the bank be
placed under the controul of the same gentlemen. Six gen-
tlemen were nominated, and the proceedings terminated
about four o'clock.—Fronz our Correspondent.

PRESENTATION OF ROBERT OWEN TO THE QUEEN.--
We are requested to state, that the sheets containing the
signatures of the ladies of Liverpool to the address to the
Queen, proposed by Mr. Brindley, and expressing abhorrence
at the presentation of the infidel, Robert Owen, at court,
must be sent in to Mr. Crisp's office, Church-street, on or
before Saturday nezt.
We are informed that innkeepers, postmasters, and licen-
sed victuallers ;are writing a memorial to the new Chan-
cellor of the Exchequer, to obtain the Right Honourable
gentleman's support to those measures of relief the state of
their trade require, and which they failed to obtain last ses-
sion of parliament, on account of the penny postage having
been forced upon the government. Mr. Hughes, who has
the management of it, intends pressing the whole case upon
the Chancellor previous to the meeting of parliament.

MYSTERIOUS OUTRAGE AT WINDSOR CASTLE.--During
Wednesday night last several panes of glass were broken from
the exterior of the Queen's dressing room in a mysterious
manner. No clue has been discovered as to the mode in
which this outrage was perpetrated. An inquiry was insti-
tuted into the matter, but it terminated without any satisfac-
tory result. The panes were of thick plate glass, and yet three
flint stones of considerable size were found in the room.
The outrage took place between the hours of one and seven
o'clock in the morning. None of the sentinels on duty had
heard any noise, which is the more extraordinary, as two of
them are placed within twenty yards of the spot.
Messrs. Acraman and Company have purchased Clift
House and the adjoining grounds, for the purpose of forming
a dock, in which, we hear, it is their intention immediately
to commence the construction of a largeiron sp
Journal. hi.—Bristo(

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