THE question was simple.
George Bigley had freely acknowledged killing his stepfather as he brutally attacked his mother in a drunken row – but were the circumstances excusable?
Defence barrister Mr Pellew implored jurors: “If a man ever justified violence, the deceased did by his brutality. He used violence to the prisoner who he struck more than once and then he only used it in return under the fear he and his mother were in danger of real bodily harm.
“It is a case of self defence.”
The catalyst to the tragedy lay in a row drunken labourer Henry Carter, 46, instigated with Bigley over the speeches of Sir Frederick Perkins and other candidates campaigning to represent Southampton in the Commons in the forthcoming General Election.
Sensing trouble, Mrs Carter urged her son to seek refuge in his room and tried to calm her husband.
“You should be out enjoying yourself,”
she cajoled him. “Now you are at home to kick up a stink.”
Carter snarled at the woman to hold her peace or he would make her do so.”
She foolishly challenged him: “Here I am, do what you like.”
He then brutally set about her and fearing for her life, she screamed for help.
At once, Bigley appeared. Initially and surprisingly he did not intervene but rushed next door to a neighbour to summon assistance.
They ran into the house and found Carter gripping his wife’s hair and viciously punching her to the face.
“What shall I do?” Bigley begged.
Getting no answer, he instinctively picked up the fireside poker and thumped his stepfather once over the head.
Bigley fled upstairs but came down within minutes to hear the unapologetic Carter bawl: “You’ve done it now”.
He then fell to the ground unconscious and was carried to hospital with a scalp wound.
Initially, no threat appeared to his life but an inflammation set in on his brain and an operation was unsuccessful.
Carter died and Bigley was charged with manslaughter.
On March 1, 1874, he appeared at Hampshire Assizes and vigorously denied the charge.
Following Mr Pellew’s resounding speech, the judge, Mr Justice Quain, directed the jury as to the law.
“You must be satisfied that he acted in the way he did under the fear for himself and his mother as would justify him in using such a dangerous weapon. No doubt there had been great violence and provocation.”
Bigley had the jury’s sympathy and quickly acquitted, ran into the arms of his sobbing mother.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article