The Atherstone, Nuneaton, and Warwickshire Times. — 1881-11-19 (Atherstone, Warwickshire, England)

ATE-STREET. —Henry Smith (21), engine driver, was charged with the manslaughter of Thomas Bodfish, at Birmingham, on the 12th of August last. Mr. Soden and Mr. Harold Vright prosecuted and Mr. Stubbins defended. The following evidence was called :—Mr. John Jenkins, surveyor, proved certain plans showing the measurements of the rooms upon the ground floor.—John Boilfish, of Lad well Walk. said that on the Sunday previous to the 12th of August. the day on which his son died, he visited him. On entering the house he found the prisoner and the deceased's wife standing talking before the fire. He wished them ” Good morning." Mrs. Bodfish said, "We have hail a row." The prisoner added, " Mr. Bodfish, I • hot' Tom, and lam very sorry I did it." Time deceased had a wound on the top of his head about an inch long and an eighth of an inch wide.— Charles Bodfish, blacksmith, living at Tarletonplace, Hicks-street, said the deceased was his brother. On the 3rd of August he went to see him, between seven and eight o'clock in the evening. He found him lying upon the floor in the back kitchen. The deceased's wife and the prisoner were in the house at time time. He said to the deceased, " What is the matter ? " to which he replied, " Harry (meaning the prisoner) came behind me and hit me on the top of the head and kicked me in the back." The prisoner he considered, must have heard this.—Ellen wife of the last witness, proved that there had been quarrelling between the deceased and his wife on the day that he was found lying upon the floor wounded .—Mrs.Bodfish,the widow of the deceased, said on the evening of the 3rd of August deceased came home after six o'clock, drunk. She assisted him into the house, and went out to get some fish for his ten. As she was returning home the prisoner Smith overtook her, returning home from work. Deceased, who was very cross, poked all the fire out of the grate, struck her twice, and took her by the throat and swore he would kill her. At the time this was going on, Smith, the prisoner, was washing himself in the back scullery. She tried to get away from deceased, but he caught hold of her, clutched her round the neck, and said he would make "a hospital job" of her. At this time he was bending her down over the sofa, and both sense and reason fled. When consciousness returned, she saw her husband lying down on the floo against the door, His head was cut and bleeding. The prisoner put some sticking-plaster upon his bead. After keeping his bed up till the 12th, he succumbed to his injuries.. The chopper productd had been used by herself in the backyard the same day, and after using it she brought it into the scullery.— She asked the prisoner how her husband came on the floor. He replied. " I hit him a blow to knock him off you, and he fell against the door."—Mr. Sampson Giongee stated that he made a vest. moeirma examination of the body, and found an oblique wound at the back of the head, measuring IA inch in length. The skull was fractured, and there was a depression with a splint of bone forced in upon the brain. The cause of death was an abscess in the brain, which had been produced by the wound. There must have been great force to produce such a wound. The wood-chopper produced was a very likely instrument to produce such a wound.—Mr. Jones, surgeon' Bromsgrovestreet, said he was called in to see the deceased on the 9th of August. He was then in a delirious state, and the case was hopeless.---Inspector Willis said he apprehended prisoner on the 20th of August. He replied, when charged, " I wish I had never seen BirminOvim." Afterwards witness received the wood-chopper from Thomas Bodtish. ---The Judge summed up the case, and the jury, after having been absent from court for a quarter of an hour, returned a verdict of guilty, with a recommendation to mercy on the ground of prisoner's youth. The learned jndge said the prisoner had been guilty of a most cruel outrage, for he had used a weapon of a murderous character against the unhappy deceased, and that, too, at a time when, on ucceunt of his condition, he was nearly defenceless. He regretted that he could not attend to time recommendation of the jury. He must pass upon him a very severe sentence in order that people might be taught to respect human life. The sentence of the Court would be fifteen years' penal servitude. • The Court then adjourned.