My Grandfather, details of his trial?

[yorkshirecath]

Hiya
In June of 1945 my grandfather attacked my grandmother. He stabbed her and hit her with a hammer(nice eh?!!). Anyway, after doing some newspaper searching in the library, i found the details of the case. This happened in June 1945. He was initially remanded in custody and sometime in July he went to Leeds Assizes where he pleaded not guilty and was granted bail. In the last newspaper clipping i can find it doesn't state when the actual trial would be held. I have searched through the rest of 1945 and not found anything. Is it possible it wouldn't have been heard until 1946? I don't know how long things took to go to actual trial? I do know he received 21 months in prison and he was out in April of 1947(if not before).
His name was Harry Gower and my grandmother was Rose.
She subsequently died in 1947 as a result of her injuries.

Thanks

Cath x

[Geoffers]

I have searched through the rest of 1945 and not found anything. Is it possible it wouldn't have been heard until 1946?

It's quite possible that the trial would not have been until 1946.

[v.wells]

Cath

I have John Gower 1829 m Mary Ann Norton
children
Elizabeth 1854, Richard 1858, Emma 1860, Mary Ann 1862, Louisa 1865, Sarah 1867, William 1869 and Eliza 1870 . All from East Peckham - any connection?

[Jack Richards]

Whilst I cannot help you with your actual case, perhaps this may help.

I have this week (Tues. and Wed) spent two days at the National Archives, Kew researching the same type of query plus other matters concering certain prison records etc.

I was researching a manslaughter case in Staffordshire. This may help you.

Staffordshire cases for Assizes are part of the Oxford Circuit, (Leeds wiil be a different Circuit). Almost without exception (I stand correction) Assize Court records are help at TNA. Once you find the Circuit, which is easy, and you know the basic details, you can order the documents - more of this in a minute. You can go on their web site and see what is available for your district. Try the section / cataloge ASSI/........ for Staffs. it was for me ASSI/2/* - the * being a number i.e. 33 is the Crown and Gaol books etc. the * number 163/17 are the actual indictments (you will probably know this as the actual charge) and for me ASSI / 6 / 5 (Oxford Circuit) are the actual depositions in the case (you will probably call the depositions as witness statements).

If the case was something serious such as Murder, Manslaughter, etc. the Coroner would most certainly be involved at the outset and there is a strong possibility he may have heard the evidence and could have sent them to the Assizes - (for those of who have past experience in the police or are experienced researchers, please do not take me to task on this last statement).

In your case, the complainant i.e. the injured person, your grandmother did not die, so most likely the offence would be one of Attempted murder. Your newspaper article will probably tell you the charge - it may have been reduced to a charge commonly called "Wounding with intent" - a Section 18 Offences against the Person Act 1861 and that might (?) have been tried at Quarter Sessions at Leeds (I stand corrected on the venue Q.S. of the trial for a S.18 IN 1945/6)

Hope this helps a little. Oh and I suspect that the County Record Office covering Leeds will have some records of prisoners detained in Leeds Prison, If not go to the TNA web site and I am reasonably certain there will be good records at Kew for the said perison. Finally I suspect the case would be heard Lent 1946 - this is the first Assize session of the year.

Regards Jack

[yorkshirecath]

Wow thankyou.
I did speak to someone at Wakefield i think it was where the records for Leeds Azzizes are kept and he said as long as i had proof that Harry Gower was dead or that the case had been in the public demain i could go there and help myself to court records.
Would the same be in TNA then?

[Jack Richards]

If you have been told by "someone" at the Wakefield Record Office that the Leeds Assizes Records are kept there, your first "port of call" should be there.
You can "get on your bike" from Sheffield to Wakefield. (vbg).

In my first response, I was not aware of the Yorkshire Circuits - I know many people in Yorkshire dislike the modern West and South Yorkshire etc.

If they really do have these records, it should save you the visit to the TNA.

My advice to you would be to prepare a "Work Sheet" for your visit setting out what you wish to discover. You must do a good preparation beforehand,
otherwise some of your time will be wasted "hanging around" and you can become confused when documents and information are being made available -that is my experience, anyway.

I do not know if the records at TNA and Wakefield are the same. I do know there will only be original documents, no matter where they are located, others will be copies.

Prepare your "Work Sheet" to include: View Original Indictment and Copy. View Original depositions. View original Assize Calendar heading - there will (or should be a prisoner index) probably at the front of the particular Assize.

It may prove to be less expensive if the Wakefield Record Office allow you to use "non flash" digital camera to photograph any original document you view -otherwise pay for photocopies.

Do not forget you should start at the beginning when the assault first occurred - my guess is (not nowadays) that he would have first appeared in Court "within hours" if detained and would have been at the Assize Court also within a few days for remand - it was not like it was from say the late 1950s and today.

Let us know of your result at Wakefield and then we can point you in the right direction at TNA.

Hope this helps.
Regards Jack

[yorkshirecath]

Thankyou Jack
You've been great!

xx

[Jack Richards]

Apologies, I forgot to mention that in your specific case, where your grandfather was bailed to appear at the (Leeds) Assizes, he would have had to provide sureties in the sum of £x for his attendance later at that Court.

It is most likely, he would have required two sureties, the Judge on his first appearance would have fixed the sum - it would probably have been in excess of £50 in the mid 1940s. This did not mean the sureties had to pay the money "up front" but they would be liable for the said amount should the accused not appear. It is similar today.

I suggest you try and identify them. Perhaps they were two of their children.

As an aside, because your grandmother lived for "more than a year and a day", he could not have been convicted of her murder. That is my belief but I stand corrected.

Hope this helps.

Regards Jack

[yorkshirecath]

No you are right. In the newspaper article i have from when my grandmother passed away in 1947 it did state he would not be convicted again. I presume it's the double jeopardy thing?

The two surieties wouldn't have been any of his children because they were all take into care just before the assault happened in 1945. I'm guessing it may have been his brother James Leeson Gower and maybe his son Leslie Gower from his first marriage.

Oh and excuse me for being so rude Vanessa! I don't think what you listed is related. They were all from the Sheffield area :)

[Geoffers]

To find out the records held at TNA, use their catalogue (http://www.nationalarchives.gov.uk/catalogue/search.asp)

In the word or phrase field, enter 'Northern'
restrict the year range to 1940-1950
In the deprrtment or series code, enter 'ASSI'

A key to assize records held is listed on TNA's reseach guide here (http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=156)

Whilst Jack is correct in mentioning the possibility of sureties, however depending on argument presented to the court he could have been released on his own recognizance.

It is correct to say that the death had to occur within a year and a day of the offence for him to have been charged with murder.

Once convicted of an offence relating to the icnident, he could not have been tried again in relation to it.

[Jack Richards]

Following on from what we have responded in our replies, there are a few more questions for your Work Sheet.

Initially, he was in Leeds Prison - it may have been a gaol - I'm splitting hairs - Leeds Prison/Gaol may have held him pre first appearance at the Assize Court - I am reasonably sure it would be there, so his record for this offence will start there. You want to see the Prison/Gaol Book for the period immediately after the offence.

Geoffers is correct, one could stand surety for oneself, but in 99% of cases of this nature, two sureties would be required.

Next, you state he appeared at the Assize Court and was sentenced to 21 months imprisonment. At that time, not all (what we generally call prisons) prisons/gaols would hold him for 21 months - Leeds might have done so, if so, you will be in luck and all his prison detention will be in one place. On the other hand, he could have been moved on and it will be in the Leeds Prison Records where he has served his sentence. Such records are very good.

One other thought, you say he pleaded "Not Guilty". There are two (at least) Not Guilty pleas in YOUR enquiry. There is a Not Guilty, my Lord/Your Honour - I did not do it OR there is a Not Guilty - yes, I did the act(s) but I'm not responsible for my actions - it does not take you any further to discuss diminished responsibilty and technicalities - just bear it in mind. Either way, you state his verdict was Guilty - 27 months - there may be more, it may say hard labour or whatever.

Please let us know your progress.

Regards Jack

[yorkshirecath]

JackI would imagine he pleaded not guilty , i am not responsible for my actions.
In the newspaper article he stated that he had done it but did not know why, it had just come over him.
It also stated that he was sentenced to 21 months Hard labour. What exactly did that mean??

[yorkshirecath]

To find out the records held at TNA, use their catalogue (http://www.nationalarchives.gov.uk/catalogue/search.asp)

In the word or phrase field, enter 'Northern'
restrict the year range to 1940-1950
In the deprrtment or series code, enter 'ASSI'

A key to assize records held is listed on TNA's reseach guide here (http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=156)

Whilst Jack is correct in mentioning the possibility of sureties, however depending on argument presented to the court he could have been released on his own recognizance.

It is correct to say that the death had to occur within a year and a day of the offence for him to have been charged with murder.

Once convicted of an offence relating to the icnident, he could not have been tried again in relation to it.

Ok, have done a quick search but bear in mind its 515am haha

Does this look about right?

Series details ASSI 52
Title
Assizes: Northern Circuit: Criminal Depositions and Case Papers
Covering dates 1877-1971
Availability Subject to 30 year closure unless otherwise stated
Held by The National Archives, Kew


Series details ASSI 44
Title
Assizes: Northern and North-Eastern Circuits: Indictment Files
Covering dates 1607-1971
Availability Subject to closure for periods up to 100 years
Separated material The indictment files of the 1891-1923 period were destroyed erroneously by the clerk of the circuit during the Second World War.
Held by The National Archives, Kew

Title
Assizes: Northern and North-Eastern Circuits: Criminal Depositions and Case Papers
Covering dates 1613-1971
Availability Subject to 30 year closure unless otherwise stated
Held by The National Archives, Kew


Series details ASSI 47
Record Summary
Title
Assizes: Northern and North-Eastern Circuit: Miscellanea
Covering dates 1605-1950
Held by The National Archives, Kew

Most of the others are wrong dates
However some say north and north easter and some just northern so how do i know which is correct?
Also some say subject to 100 yr closure so would i not be able to look at them?

[Geoffers]

Being late at night I looked at the wrong entry in my card index - sorry. Yorkshire was in the Northern circuit until 1863. thereafter it as in the North Eastern Circuit.

When you go to TNA to look at the files, you might try these three different classes:

Minutes books (http://www.nationalarchives.gov.uk/catalogue/DisplayCatalogueDetails.asp?CATID=454934&CATLN=6&FullDetails=False&accessmethod=7)

Indictment Files (http://www.nationalarchives.gov.uk/catalogue/displaycataloguedetails.asp?CATID=854&CATLN=3&Highlight=%2CNORTH%2CEASTERN%2CNORTH%2CEASTERN&accessmethod=0)

Criminal Depositions and case papers (http://www.nationalarchives.gov.uk/catalogue/displaycataloguedetails.asp?CATID=855&CATLN=3&Highlight=%2CNORTH%2CEASTERN%2CNORTH%2CEASTERN&accessmethod=0)

Note that most cases are not individually indexed online.

Some Assize files are individually indexed in TNA's catalogue, but these relate to murder/manslaughter/infanticide, riot and unlawful assembly; and in more recent cases prior to 1971, GBH/wounding, USI and similar offences, burglary, going equipped, (I did have a look for your chap, but without success).

Do have a read through their research guide on Assizes: Criminal Trials (http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=154)
before visiting TNA.

[AnnB]

I have found a very brief article in The Times of April 28th 1947, written after Rose Gower's death. I will e-mail it to you.

Best wishes
Ann

[yorkshirecath]

Being late at night I looked at the wrong entry in my card index - sorry. Yorkshire was in the Northern circuit until 1863. thereafter it as in the North Eastern Circuit.


It does say the northern circuit is up to 1971??

[Jack Richards]

Further to what Geoffers has responded and your searches here are the specific references that may help you relating to TNA and the ASSI documents.

The Indictments for the period 1877 to * for Yorkshire are in ASSI / 51 .
The Depositions for the period 1877 to * for Yorkshire are in ASSI / 52.

There does not appear to be any Crown and Gaol Books for Yorkshire in the ASSI docs. after 1876.

There are other ASSI docs. for Yorkshire under the heading 'Other' but they probably relate to Civil cases.

The above information is from TNA Leaflet - Legal Records Information 14.
I suspect any records after 1971 will be closed.

I'd still look at the Wakefield Record Office first.

Regards Jack

[yorkshirecath]

Thankyou Jack
Am going to be contacting Wakefield asap.

[yorkshirecath]

I have found a very brief article in The Times of April 28th 1947, written after Rose Gower's death. I will e-mail it to you.

Best wishes
Ann

Thankyou Ann, i did receive this. I do have it already but thanks for taking the time to send it me |hug|