South Yorkshire Times, December 11th 1943
Cleared Of Murder Charge
Jury Find Conisbrough Youth “Not Guilty.”
At Leeds Assizes on Wednesday before Mr. Justice Stable, John Pickering (17), haulage hand, of 38, Daylands Avenue, Conisbrough, was found not guilty when charged with the wilful murder of his father, John (alias Fred) Pickering (52), fitter’s mate, on October 26th. The youth was also found not guilty of manslaughter, and he was discharged.
Unhappy Marriage
Mr. G. H. G. Streatfield, K.C., and Mr. Myles Archibald appeared for the prosecution; Mr. C. Paley Scott, K.C., and Mr, Willard Sexton for the defence. Mr. Streatfeild said Mrs. Pickering, mother of the accused, was a widow when she married Fred Pickering and had a daughter, Minnie, who is now 25. Mrs. Pickering’s second marriage was not a happy one. Her husband was much addicted to drink, and when he was in drink, he was very violent. He used to assault his wife and his step-daughter. At 9.30 am., Fred Pickering came home from work. After breakfast he went out and returned at 2.30 p.m. He was very drunk when he came home, and went out again at 5.30 p.m., returning at 10. p.m. Mrs. Pickering described him as then being in a terrible condition. He began to talk. about, Sydney Thorpe with whom Minnie Cope was keeping company. The family went to bed and left Fred Pickering downstairs, but he went to the girl’s bedroom and told her again that she would have to turn out if her step-brother joined up. He struck her and when she tried to strike back, he got her down on the bed and got her by the throat. Mrs. Pickering told her son to go for the police. He went downstairs, but instead of going for the police, returned a short time afterwards.
‘We now know,” said Mr. Streatfield, “ that when he went downstairs he armed himself with a lethal weapon, a chopper or axe. He told his mother to go downstairs and he would deal with the situation”. Fred Pickering apparently struck the girl a blow, and at that moment the accused struck his father a blow on the head. The father immediately collapsed and while he was on the floor accused was seen to give two or three more blows at the prostrate form of Fred Pickering.
Accused went to the police and told them he had killed his father with a chopper. “I gave him what he deserved,” said accused, in a statement to the police. “I hit him with the chopper which I got from the cupboard downstairs when my mother told me to go for the constable. I did not go but went to the bottom cupboard in the living room and got the chopper. I took it upstairs under my pullover and waited any chance to strike him.”
Mr. Streatfield said there were four wounds on the head. Fred Pickering was suffering from cancer and would have died within three or four months.
Alternatives to Jury
The law relating to self-defence recognised that a man might strike another and even kill him, providing it was necessary to meet the situation, and if the jury took that view the accused would be entitled to be acquitted. If the amount of force was disproportionate and far more than was necessary then it might be that the proper verdict was one of manslaughter, but if the accused went with a lethal weapon intending to take his father’s life when the situation did not demand it, struck him and struck him again, then it would be open to the jury to say that the offence was one of wilful murder.
Mrs. Pickering giving evidence said that her son was a very good lad. When the tragedy occurred, she has been frightened for the life of her daughter. Pickering said he did not intend to kill but only to protect his mother and step-sister.
Mr. Paley Scott K.C. asked Pickering why he did not fetch a policeman when he saw his father strike the girl. Pickering: Because I thought some more damage would be done in my absence. I fetched the chopper because I wanted to frighten him with it. He was bigger and strong than me.
After the jury had returned a verdict of Not Guilty, Mr. Justice Stable said to accused: The jury have returned a verdict of not guilty. I should like to add that in that verdict I entirely concur. It is perfectly right and proper verdict in my view on the evidence. It may be a consolation to you to reflect that as it turns out in any event you only shortened your father’s life by a matter of two or three months. Mr. Justice Stable ordered accused’s discharge.