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General => The Common Room => Topic started by: malverntrail on Friday 12 November 10 16:35 GMT (UK)

Title: Assizes records
Post by: malverntrail on Friday 12 November 10 16:35 GMT (UK)
Anyone here have experience with Assizes records? A great aunt was unfortunately killed by her husband in 1904, "gunshot wounds accidentally caused" according to the coroner, but it went to trial. A press cutting (there was large coverage in local Norwich rag) says "The magistrates committed the prisoner to take his trial at the Assizes on a charge of murder." - 3rd Sept.

This leads to two questions:
- Is there any way of finding the next Assizes session dates other than records at Kew? This would then help find the press coverage for the trial.

- How much info is there in the records at the National Archive (it would series ASSI 31)? I get the impression from their website that it might be little more than the charge and the verdict. Getting to Kew when I lived in SE London took long enough - from Malvern it would take ages!

Needless to say this shocking incident is not family history handed down, but discovered largely by accident, with the help of a second cousin found on Ancestry.co.uk

Any help gratefully received

Cheers, John
Title: Re: Assizes records
Post by: stanmapstone on Friday 12 November 10 16:47 GMT (UK)
There could be a report in "The Times" digital archive.

Stan
Title: Re: Assizes records
Post by: malverntrail on Friday 12 November 10 17:05 GMT (UK)
Thanks Stan, should have thought of that! I can see from a quick search that there is a report on 10th November, so maybe I'll shell out a fiver to see their coverage. Or I might be a cheapskate and tell the cousin in Norfolk, who can  check out the archives again!
Title: Re: Assizes records
Post by: malverntrail on Friday 12 November 10 17:57 GMT (UK)
On the other hand, looks like my local library service subscribes to Times Online, so time for a visit to their computers I guess (bookable online - now I understand why).
Title: Re: Assizes records
Post by: Valda on Friday 12 November 10 18:18 GMT (UK)
Hi


If your local library subscribes then joining the county library service should give you access at home.


Regards

Valda
Title: Re: Assizes records
Post by: malverntrail on Friday 12 November 10 19:04 GMT (UK)
Thanks, I thought that might be the case too, although their website is not as clear as it might be.

I'm signed up for Worcestershire CC library service, and have a card but the online newspaper access doesn't appear to work, consistently refusing my card number. (I've successfully logged in to the Citizens Advice service via it, so my card must be valid. And tried several web browsers - I'm not a novice.)

I don't expect online library help here, but if you do have any hints, great!
Title: Re: Assizes records
Post by: stanmapstone on Friday 12 November 10 19:24 GMT (UK)
He was found guilty of manslaughter and sentenced to five years penal servitude.

Stan
Title: Re: Assizes records
Post by: malverntrail on Friday 12 November 10 22:33 GMT (UK)
Many thanks for that. He was married again in less than 5 years (closer to 4) so presumably got out early for good behaviour (did they have that system 100 years ago?).
Title: Re: Assizes records
Post by: Valda on Saturday 13 November 10 07:54 GMT (UK)
Hi


My library card number is not the number I use to log in on the resources for my county library online resources which has access to The Times as well as '19th newspapers'. I emailed them and asked them for the number to use.


Regards

Valda



Title: Re: Assizes records
Post by: stanmapstone on Saturday 13 November 10 08:47 GMT (UK)
Many thanks for that. He was married again in less than 5 years (closer to 4) so presumably got out early for good behaviour (did they have that system 100 years ago?).

There was a system whereby convicts could be released on licence, or "ticket of leave" for good behaviour, which originated in Australia . The Ticket-of-Leave system was introduced by the Penal Servitude Act of 1853. Ticket-of-Leave arrangements were repealed by the 1869 Habitual Criminals Act, except for those with two felony convictions, who had been given absolute discharge from prison. The term was still in use in the 1920s. It was replaced by being "Released on Licence".

See http://www.rootschat.com/forum/index.php/topic,308543.msg1907839.html#msg1907839
Stan
Title: Re: Assizes records
Post by: Valda on Saturday 13 November 10 11:30 GMT (UK)
Hi

Ancestry has put online the female licences, 1853-1871, 1883-1887. There would be many more male licences than female, but the fact that Ancestry has put online the female licences might mean there are plans for the male licences, but not necessarily for later dates? The records are very detailed and from the early 1870s onwards have a photograph. They can be time consuming to search at TNA and the later ones may not be 'open' to search.


http://www.nationalarchives.gov.uk/catalogue/displaycataloguedetails.asp?CATLN=3&CATID=10285&SearchInit=4&SearchType=6&CATREF=pcom6

http://www.nationalarchives.gov.uk/records/looking-for-person/prisoners.htm?WT.lp=rg-3150

http://www.nationalarchives.gov.uk/records/research-guides/criminals-18th-20th-centuries.htm


Regards

Valda
Title: Re: Assizes records
Post by: Jeuel on Saturday 13 November 10 12:51 GMT (UK)
He might also have appealed and had his sentence reduced.
Title: Re: Assizes records
Post by: Valda on Saturday 13 November 10 14:14 GMT (UK)
Hi


I think at this time if he appealed he would be footing the legal costs which would therefore seem to make an appeal less likely unless he had the resources to pay?
Someone with experience of historic records of appeals against criminal sentences will know more about this than me and whether it was a likely possibility and how many appeals were heard. In the Court for Crown Cases Reserved it seems very few but you could appeal straight to the House of the Lords (reading Wikipedia)

The National Archives doesn't seem to have any information on the records, but he would surely also have to present new evidence to support the appeal or argue a legal technicality?


http://www.appg-legalaid.org/index.php?option=com_content&view=article&id=52&Itemid=63

http://en.wikipedia.org/wiki/Court_of_Criminal_Appeal
http://en.wikipedia.org/wiki/Court_for_Crown_Cases_Reserved
http://en.wikipedia.org/wiki/Court_of_Appeal_of_England_and_Wales



Regards

Valda
Title: Re: Assizes records
Post by: stanmapstone on Saturday 13 November 10 15:10 GMT (UK)
The Court of Criminal Appeal was set up under the Criminal Appeal Act of 1907. Before that the tribunal of the Home office was the Court of Appeal for the review of verdicts in criminal cases. Under this system the Home office had no power, if it was dissatisfied with a conviction, of quashing it. The Home Secretary could, if the case appeared doubtful, of advising the grant of a pardon, or a remission of the imprisonment.
 Its function was merely to ascertain whether the circumstances justified an alteration or mitigation of the punishment.
Stan
Title: Re: Assizes records
Post by: malverntrail on Monday 15 November 10 11:19 GMT (UK)
This has been all very helpful. Have now gone into the library and got a pdf of The Times page in question. Its amazingly brief after the long articles in the local newspaper.

On the online archive access, I checked with the library and at present newspaper access is only available on site (and they can't even access it from the front desk computers - has to be the bookable machines), although they didn't know this before I asked! Its the Gale InfoTrac system, perhaps its because this includes more recent newspaper access too? Anyway they will raise the non-access with Worcestershire library IT.

Thanks again.