Stockton Herald, South Durham and Cleveland Advertiser. — 1875-03-06 (Stockton-on-Tees, Cleveland, England)

MANSLAUGHTER AT THISTLEFLAT.  Edward Tipping, 33, labourer, was charged with the wilful murder of Patrick Duffy, at Thistleflat, on the 2nd of November. Mr Skidmore and Mr T. C. Granger appeared te prosecute, while Mr John Edge and. Mr Sowerby defended the prisoner. Tipping pleaded not guilty to the above charge, and also to one of mansladghter, for which he had been committed on the coroner's warrant. Peter Adams, bauksnian, stated that at the of the occurrence he lodged with the prisoner Tipping, and was with him on the night in question. On reaching Thistleflat, witness went into the house of Thomas Mooney, next door to his lodgings, and after a short stay he left again. He had not proceeded far, when he was met by the prisoner, who struck him, and knocked him down on the doorway of Mooney. When witness recovered his senses he found Duffy, whom he then saw for the first time that night, and some other men who had raised him. Witness, with Duffy and some other men, went down to the house of the Smiths', where they asked t, e prisoner, who wit, there, It hy he had assaulted the witness. Tipping came to the door and said he would do it again. The prisoner asked Duffy if he had come to take the part of witness, and Duffy replied that he was not going to take anybody's part, but he would not see witness badly used. Tipping then came out and asked if anyone would fight him for a pound, Lnd he then said he would give a pound to any one who would fight him. No one took up the challenge, and Tipping then went into the house again ; but came out immediately, with his right hand behind his back and his left hand upraised, and he was then without his coat. Tipping again offered a pound to any one who ' would fight him. Witness was leaning against the wall, and immediately afterwards he heard that Tipping had struck deceased with a coal-rake on the head. Deceased never during the night gave prisoner the slightest provocation. Alfred Butley, labourer, Howden, corroborated the last witness, and stated that when the prisoner came out of Smith's house on the second time witness saw that he carried a coal-rake by his side, and he then offered to fight Daffy, or any one else, with one hand. Duffy stepped up to Tipping, some words passed between them, and immediately afterwards Tipping dealt Duffy a blow on the head with the coal-rake. The blow did not knock him down, but Tipping then aimed a blow at witness. It missed its object, however, and Tipping then went into Smith's house, whilst deceased went into Goodraau's public-house. Pattie]: Hickey, coke drawer, also corroburated the previous witnesses. Sergeant Ralph Booth, Witton Park, said he re ived the prisoner into custody at Liverpool, on the 19th Deccmer. In reply to the charge he said : " I am very sorry, but I did not think it was as bad as that. They came to pull me out of the house to murder me. They had life preservers, and Mooney's lass ,said to me • defend yourself,' and she put a coal-rake into my hind. I swung it, and just struck him once. I wish I had never come away. I otr4lit to have taken warrants out against the lot of them. I would then have had the law en my side." The:jury, after being absent from court six minutes, found the prisoner guilty of manslaughter, but recommended him to mercy. . . . .  His Lordship said tat but for the extenuating ciicumstanccs which had come out during the trial, amt the good character which the prisoner shad borne, he (the learned judge) could not have done anythin4 else than sentence him to penal servitude for life. It was impossible that crimes of that kind could be passed over with a light sentence. The prevalence of offences where weapons were used required that something should be done to put an end to them, and it was necessary to show that because a lawless feeling existed in a neighbourhood a man was not justifiel in using a deadly weapon. He sentenced the prisoner to five years' penal servitude.