Drunk escapes with month in jail after killing man in quarell

In December 1843 John Bennison, aged 22, was employed as an assistant brewer at the Blue Bell Inn on Church Street.

From earlier in the month Thomas Gudgeon Hodgson, labourer, had been staying at the hotel and on the third Saturday of December both Hodgson and Bennison were together drinking there from an early hour.

Their rowdy behaviour eventually earned the wrath of landlady Sarah Starkie who on account of their state of intoxication sent them off the premises. Amongst those in the bar at the time were Peter Hunter, Thomas Daggers and John Hall who had objected to the pairs’ opprobrious and vulgar expressions.

At about 11 o’clock that night all of the individuals involved in the earlier confrontation ended up in the Black Bull Inn on Cheapside and what followed led to an inquest at the Town Hall, before Coroner Richard Palmer, on the following Monday afternoon into the death of cotton spinner Peter Hunter, aged 32, on that fateful Saturday night.

Amongst the witnesses was James Cross, shuttle maker who testified that he was walking up Church Street shortly before midnight when he saw some persons quarrelling opposite the Parish Church.

I saw John Bennison knock down Peter Hunter and as he stood over him I heard Thomas Hodgson, who had been following behind, said: “Darn thee come away; there are policemen about, and though will get thyself into a hobble”. But before they went away I saw the deceased get a kick on the head from one of them. As they went off up Church Street leaving Hunter in the gutter some persons came up and one of them went to fetch Dr. Spencer and I assisted in carrying Hunter to the doctor’s surgery. He appeared to be quite dead by the time we reached the surgery.

Dr. Spencer who had conducted a post mortem then told the hearing that death was due to an effusion of blood upon the brain, caused by a blow, and not from natural causes.

P.C. Joseph Curle was called to testify and he stated that in consequence of information he received he apprehended Bennison and Hodgson in their bedrooms at the Blue Bell about an hour after the incident. Charging both of them with the killing of Hunter, an accusation they both denied. Eventually after a visit to the Lock Up of his relatives Bennison admitted pushing the deceased during a quarrel and he told the constable he was shocked when he realised how badly he fell.

Thomas Hodgson was next called and stated that he had witnessed Bennison striking Hunter who fell to the ground and banged his head. Testifying that he only struck him the once and that he himself was never close enough to the deceased to have kicked him.

The gathering then heard that Hunter had been an industrious worker at the cotton factory of Messrs. Swainson, Birley & Co in the town and had left behind a widow and four young children.

The inquest jury after a short consultation recorded a verdict of ‘Aggravated Manslaughter’.

In the days that followed Bennison was charged with killing and slaying Peter Hunter and remanded in custody until late February 1844 when he appeared at the Lancaster Assizes.

His Lordship Mr. Justice Coltman was informed that Bennison had after careful consideration withdrawn his ‘Not Guilty’ plea and pleaded guilty as charged.

His Lordship then heard evidence from various witnesses and favourable references from those who knew Bennison.

His Lordship in addressing the prisoner remarked that in his view the accused had not had any intention to kill the unfortunate victim.

He then informed Bennison that having considered the circumstances he would be imprisoned within Lancaster Castle for one calendar month with hard labour.