The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle. — 1883-11-03 (Stourbridge, West Midlands, England)

THE DUDLEY MURDER CHARGE.  VERDICT AND SENTENCE.  James Groark was, on Thur(la,y morning, put on his trial, at Gloucester As 3izt-,,5, before JustictA Pearson, on the charge of the wilful murder of his brother, at Dudley, on the 14th of,'October. Mr. Wells was for the prosem tion. The prisoner htd no counsel, and, at the regnest of the Judge Mr. Gough took the defence. Mr. Wells briefly opened the ease __._ _ _ _ •  Frederick Groaik, -brother of the prisoner and deceased, said that on Saturday night, the 14.11 October, prisoner was asleep in the kitchea when deeeased came in Prisoner told him h 3 W tu'el nothing to do with him, and he would not if and sail if deceased did not keep quiet he would fet_h a policeman. He went:out, apparently for the purpose of fetching one, but returned without one. Deceased then told him that if he brou.tht policeman he would knock him (prisoner) under the table. Piisorter went out a second time and returned without a policeman. A few minutes later witness was upstairs, when he heard a noise in the kitchen as if someon6 was fal ing, and going down he found the deceased lying on the floor bleeding from a wound in the chest, He raised him up and said to prisoner, " James, what have you done," but prisoner made no reply. His mother and sister came downstairs to:the kitchen, and a policeman was called in. In cross-exameination, witness slid deceased was very quarrelsome. On the night in question .deeeas 'd was in such a state as to be a terror to the whole family. Prisoner cried during the whole evening, and witness believed deceased had been beating him. When witness heard his brother fall, erimoner cried out that deceased had a fit, but he showed great grief on learning that deceased hat died. 'The knife had been lying on the tobl3 the whole evening, so that anybody might have used if. Mary Dell, a marri3d sister of t.,e pri,ou-tr, °ewe similar evidence, and said both brothers were d'''runk an hour before :he affray took place. Earlier in the evening she was in a public house, and saw deceased uho asked her to have some of the beer, saying " Drink, Mary, this is the last you'll have off me." When the prisoner threatened to fetch a policeman, deceased asked him not to do so, as he was bound over to keen the pe tee, The Judge here interpos2d, and asked what the 1-fence would be. Mr. Gough said he should contend that it was an accidental occurrence,. or at least unpremeditated and could not be murder. The Judge said it was clear the deceased wts the aggresser, and that it wt.!.s not a case of murder and he should so direct the jury. Police-sergeant Bibby, who ran to the house on hearing cries of " Murd3r." said tho prisoner, on 'being arrested, made a statement:that when he went home his brother wanted to quarrel with him, but he would not fight, and went out to fetch a policeman. He could not find one, and on returning said to deceased, "If you atrike me again I will put something into your heart." The prisoner concluded by saying, r‘ He had struck me several timei. and on his striu.ing me again I did it." Police-constable Clark deposed to finding a kniFe on the table covered with blood.  Mr. Bellingham. surgeon, of Dudley, who was called to se the deceased on the day folf6wing the affray, said there was a punctured wound under t,.e fi ;.th rib, which had s,Jvcred several arteries i:nd penetrated to the left lung. Mr. Gough, in a sort tiddress,. suggested that the whole affair was an accident. Ile commented on the evidence cf the quarrelsome disposition of the deceased, contended tha the threats were used for the purpose of preventiu4 further violence, and asked the jury to believe that in a Ecaffli the candle was knocked down, deceased fell against the knife and rolled to the ground and diet The Judge, in summing up, also comme•it&l on the quarrelsome nature of the deceased, and concured .in the suggestion of the prisoner's cousel that Ihe threat to stab decedsd was on'y meant with a view to irevent him using further violence, The jury found the prisoner guilty of man.