1. The Murder of David BAILEY, Police Officer
Supposed Murder
Yesterday at 12 o’clock an
inquest was held before P.F.
CURRIE Esq, coroner and a
respectable jury, into the
circumstances which led to the
death of David BAILEY a police
officer.
The coroner, remarked that the
gentlemen of the press
frequently printed evidence that
might prove prejudicial to a
prisoner on his trial, and he
would remind them of the remarks
made by Baron Alexander in the
case of Bolam being brought
before the court. It would be
for the gentlemen of the press
to exercise their good sense as
to what they publish.
Alice MURPHY sworn, “I live in
Green’s Court, I was in the
house where the prisoner lodges
about 10pm on Monday night. We
both lodge in the same house, I
was in the prisoner’s room, the
landlady, the prisoner’s wife
and myself were at the fire when
the prisoner came in. After he
came in I was lighting a candle
for the purpose of letting the
prisoner’s wife settle the bed,
she put forth her hand and
quenched the candle, I put the
candle in the fire to light it
again, and she put her hand over
it again to extinguish it. He
stepped forward into the room,
and said, “Is that the way,
lassie? What’s your humour for
quenching the candle?” I can’t
say whether the prisoner’s wife
was drunk or sober, she had had
a drop, but was not drunk. She
[the wife] said to him, “I’m not
drunk.” Shortly after the
prisoner either pushed her or
she fell down over some chairs,
I saw her lying with her feet on
the floor and her body across
some chairs. I took one of the
chairs away to leave her more
room to get up. I was going to
take another chair away when she
held fast to the back of it, as
I thought to prevent the
prisoner from coming near to
her, so left it. She either got
up or he took her up, and soon
after I saw her at the other
side of the kitchen standing up.
The prisoner came up to her, he
put his hand to the left side of
her neck, directly after I saw
some blood flowing down
therefrom. The prisoner made a
step or two back, when I saw he
had a knife or something in his
hand, which he appeared to be
closing. Some person went for a
police officer. I went to the
end of the court. He afterwards
came down again, and knocked his
stick. After the policeman went
along the street, I saw no more
of him.”
Mary MORAN, “I am a widow, and
keep the house in Green’s Court,
College Lane, where the prisoner
and his wife lodged. On Monday
night the prisoner’s wife had a
sign of a drop on her, and I
told her she had better go to
bed, for if she did not when the
prisoner came in she would catch
it. Shortly after the prisoner
came in I heard some words, such
as, “Is that your way lassie?”
and directly afterwards I heard
the noise of chairs falling. I
had hidden my face for fear of
what he might do. I did not see
anything further till I turned
round and saw blood gushing from
the neck of his wife. I caught
hold of him by the breast, and
said, “You villain, did you cut
her throat?”. I did not see any
knife in the prisoner’s hand. He
was a corn carrier, and he used
to carry a knife. [Knife taken
from the prisoner produced,
witness could not identify it.]
The noise went through the yard,
and two men came in, one of whom
was a police officer. The
prisoner at this time was
standing at the door, his wife
had gone out I believe away to
Dr TAYLOR’S. I informed the
officer what had happened, I
cannot say what he did, whether
he took the prisoner with him or
not, I was so thunderstruck. I
did not see anything more.”
Robert RIGG, master mariner,
sworn, “I belong to Dumfries. On
Monday about 10pm, I was going
home along College Lane, I spoke
to the police officer and said
it was a fine evening, he was
walking as if on his beat.
Directly afterwards a young
woman came up, she cried,
“Murder, murder, police, a man
has cut his wife’s throat.” Upon
that the officer ordered me to
come to his assistance, I
accompanied the officer up an
entry, and went into a house
where I saw the prisoner. There
was a young woman covered with
blood, and I think there was two
other females. The prisoner made
an attempt to escape, but the
officer and I got out before
him, and shut the door, he told
me to remain at the door. While
I was holding the door outside,
there was pulling within and
some part of the door gave way,
and the prisoner rushed out. I
received a blow on my face and
was knocked down, I think it was
with his fist he gave the blow.
I did not observe any knife in
his hand. The prisoner ran down
the entry and along College
Lane, immediately after he
knocked me down, as soon as I
recovered, I pursued him. There
2. was an old man and woman who
called out police and said,
“This is the way he has gone”,
pointing towards Hanover Street,
I proceeded to the top of
College Lane as fast as I could.
I there saw the prisoner who had
got across to the other side of
Hanover Street. I saw the
policeman and the prisoner
coming, running and getting
tangled together. I am not
certain if this was the same
officer who went up the entry
with me. Three or four other men
ran with me up to the prisoner
and I got hold of him. We all
fell together, I heard some
woman cry out, “Take care of him
for he has got a knife, and he
will kill some of us”. The
officer was not one of the men
who fell with us. A young man
one of those who had fallen,
called out, “Hold him fast, he
has a knife in his hand”. I
think the young man took the
knife out of his hand, my face
was covered with blood. I went
into a house to wash it and the
first cry I heard when I came
out was that the prisoner had
killed the policeman. When I saw
the police officer entangled
with the prisoner in Hanover
Street, I rushed across as fast
as I could run and seized him,
not a minute elapsed.”
Ann MOLSON deposed that she went
up the entry and into the room
where the prisoner lodged, there
was a good deal of blood over
the floor. She followed the
prisoner to College Lane, he had
a knife in his hand and was
walking slow. She continued to
follow him till he got outside
the Old Excise office in Hanover
Street. A policeman passed her
and went towards the prisoner.
Wit ness shouted out, “Oh dear,
he has got a knife”. She saw the
police officer go close up to
the prisoner, but could not say
whether he took hold of him or
not, but in a moment the officer
staggered back, and knocked his
stick on the ground three times.
Witness and others assisted the
deceased to the house of Mr
ATHERTON in College Lane, she
felt the blood on her arm, he
died in a minute or two
afterwards.
Manlove MOLSON, said the officer
and the prisoner had a scuffle
together, he saw the on the
ground.
Mr John CALLEN Jnr, surgeon,
said he was called to the
deceased, he was dead, there was
a wound on theleft side of his
neck, about an inch and a half
long, he could pass his finger
through the wound into the
mouth. He had not doubt some of
the large arteries were divided,
but could not undertake to say
what was the cause of death.
The coroner said it would be
necessary to have positive
evidence to the cause of death
and directed a post mortem
should be made, the inquest was
adjourned until Thursday.
Adjourned Inquest
First witness called, Mr John
CALLEN Jnr, surgeon, who
deposed, he had made a post
mortem examination of the body
in the presence of Dr McINTYRE,
Mr COOPER and Mr McCULLOGH,
surgeons. “I found the wound to
extend into the mouth, the
external and internal carotid
artery were divided, as well as
the jugular vein, the tongue was
also wounded. The instrument
with which these wounds were
inflicted had been stopped in
its progress by the bones of the
lower jaw. The posterior part of
the windpipe was cut. In my
opinion these injuries were the
cause of death, and must have
been inflicted by some shape
pointed instrument. The blow
given with great force, as the
point of the knife came in
contact with the bone of the
lower jaw, the length of the
wound was about four inches.”
Dr Peter McINTYRE, surgeon, “I
was called to see the deceased
on the night he was stabbed, I
found him dead with a severe
wound to the left side of his
neck. I was present today and
assisted in the post mortem. I
found the same injuries as Mr
CALLEN and am of the same
opinion that those injuries were
the cause of death.”
The coroner asked the prisoner
had he any witnesses whom he
wished to be examined, he
replied in the negative. When
asked had he anything to say to
the jury, he replied, “I have
nothing to say, but that I
recollect nothing about it”.
The coroner addressed the jury,
stating he thought there was no
doubt that the prisoner at the
bar inflicted upon the deceased
the wound of which he had died.
The next most important point in
the inquiry was, if they were of
the opinion, if the prisoner was
guilty, was it manslaughter or
murder? Pointing out the
difference between the two
crimes.
The jury after a few moments
unanimously returned a verdict
of “Wilful murder” and the
prisoner was committed to take
his trial at the next assizes.
---------Assize, Northern Circuit,
Liverpool, August 20
Before Mr Justice COLEMAN,
Daniel COLE, a man of very
powerful make was indicted for
the wilful murder of David
BAILEY, police officer, at
Liverpool on April 15 last, by
stabbing him with a knife.
After witnesses were called and
all the facts given [as above]
His Lordship summed up very
minutely and after the jury had
been out for over an hour,
returned the verdict of, “Guilty
of a very aggravated
manslaughter”.
His Lordship in passing sentence
of transportation for life, said
the prisoner had been guilty of
an offence hardly
distinguishable in point of
enormity from murder, and had
the jury found him guilty of the
latter offence, he would have
thought it his duty to have left
him for execution.