Rotherham Murders by Margaret Drinkall

Author:Margaret Drinkall
Language: eng
Format: epub
ISBN: 9781783408849
Publisher: Wharncliffe
Published: 2013-05-28T16:00:00+00:00

The defence counter-argued that

the family had offered every help to the police in this case and did not act like a guilty party. The prosecution states that the crime was one of murder but there was clearly no malice aforethought. While I recognize that the gun was fired not as a matter for self protection, but that it was an elementary principle of law that the act was committed to protect her children.

The difficulty in this case of proving the verdict dragged on until the clerk interrupted to state that in this instance it was not for the jury to prove the case but for a judge and jury to try it at the assizes. The magistrate agreed, saying that he had no option but to send her to be tried by judge and jury and therefore he would accept a verdict of manslaughter; and it was reported that Mrs Coley was once again crying as she left the court.

The case was heard at Leeds Assizes on 9 December 1922 and thankfully in this case was short and to the point. Before any witnesses for the prosecution could be heard the judge, Mr Justice Rigby Swift, told the jury that the law allows a woman to defend her own child and to use a deadly weapon for the purpose of preserving life. If the jury agreed then in that case they must record a verdict of not guilty. His Lordship spoke about his condemnation of firearms being kept in the home for any purpose, but in this case Mrs Coley could be forgiven, given the difficulty that the effects of the last few weeks have had on her. Questions were asked about what enquiries were made into a person wishing to keep a revolver in the house. He asked the Chief Inspector if he had enquired as to the reason that Arthur Coley had given for keeping the gun at home. He was told that the enquiries just took the form of enquiring into a person’s character. His Lordship commented that ‘It makes a farce of the law that if a man wanted a revolver and is of good character that he should be allowed to keep it.’ The Chief Inspector had no option but to agree with him. The judge said, ‘I recognize that it is not your fault, it is the system that is at fault’, and the Chief Inspector, no doubt thankful, left the witness box.

The judge then asked the jury to retire and they consulted only for a few minutes before returning a verdict of not guilty. His Lordship said to Mrs Coley, ‘You may be discharged and you may go free. I think the verdict of the jury is perfectly right. But you must never keep a revolver in your home again.’

Mrs Coley answered him, saying, ‘Thank you my Lord. I don’t think I will need one again.’

The judge replied, ‘I hope you never will.’

It was reported that the whole case took only seventy minutes from start to finish as no doubt the joyful woman was released into her family’s care.

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