Case ASSI 13/26 Held at Assizes 1896

The examination of Susan Brooks, the Wife of Willaim Brooks of 248 Balsall Heath Road, Birmingham in the County of Warwick, James Brueton of 7 Devonshire Place, Sherbourne Road, Birmingham aforesaid, Omnibus driver, William Arthur Smith of 115 Kerwicks Lane, Biurmingham aforesaid, Fruiterer, William Henry Howlett, of 16 George Road Witton in the said county of Warwick, Gunmaker, John Ilsley of 4 Francis Road, Acocks Green in the parish of Yardley in the County of Worcester, Gun-finisher, William Parkinson of Acocks Green aforesaid, Inspector of Police and Joseph Henry Patrick of 269 Basall Heath Road, Birmingham aforesaid, Surgeon taken on Oath this Nineteenth day of June in the year of our Lord One Thousand Eigh Hundred and Ninety six at Solihull, in the County aforesaid, before the undersigned, two of Her Majesty's Justices of the Peace for the said County, in the presence and hearing of Jennie Wilstrop who is charged this day, before the Court for that she the said Jennie Wilstrop on the eighteenth day of May Eight Hundred and Ninety six at the Parish of Yardley in the County of Worcester, feloniously, wilfully and of her malice aforethought did kill and murder one Alfred William Brooks contrary to the form of the Statute in such case made and provided.

This Deponent, Susan Brooks on her Oath saith as follows:-

I am the Wife of William Brooks and live with him at 248 Balsall Heath Road - Sussan Brooks [signature] - Birmingh. The deceased Alfred William Brooks was my son he was a Driver in the employ of Messrs Norst (?) and Young. He was 28 on the 16th May and lived in Orchard Road. I knew the prisoner Jennie Wilstrop my son lived with her for several years - they separated about 5 years ago. On the 19th May last I went to my son's lodgings and found him very ill. I nursed him till his death on the 4th June instant. My son was once in the army. When I saw my son on the 19th May he had a wound on his cheek. Once a summons came to our house for my son it was for assault on the prisoner this was about 3 or 4 years ago. He has also summoned her (signature Sussan Brooks - page 2)

This Deponent, James Brueton on his oath saith as follows I am an omnibus Driver in the employ of the Birmingham and District Omnibus Company Balsall Heath and live at 7 Devonshire Place Sherbourne Road. I have known the Deceased for about 3 years he was a fellow Driver On the 18th May last I and Brooks each drove an omnibus to Hall Green Races We went on the course between 2 and 3. We met the prisoner there about 20 minutes after we got on the course - she came towards Brooks and when he saw her he ran up the field and she ran after him throwing stones at him. He did not say anything to her. I dont think she shouted at him. when he got to the top of the field (signature James Bructon - page 3) he stopped the prisoner came up she struck him across the mouth with the back of her hand. He struck at her back again she bent her head and the blow knocked her straw hat off - she picked her hat up and went towards the field again I did not hear either of them say anything. I and Brooks stayed where he was for about 5 minutes we then went towards the tent on our way to our vehicles - As we were going between the two tents on our way to the entrance prisoner ran from between some people and bodged him (Brooks) in the cheek with her umbrella He shouted Oh my eye my eye - She had the umbrella in her two hands and bodged the point of his cheek. I lay Brooks on the grass [Signature James Bructon - page 4] the umbrella made a wound and blood flowed. he became unconcious and we afterwards took him home - He vomited blood. I am sure it was the prisoner, Brooks was perfectly sober. Cross examiner. The deceased did not speak a word as we went on the course to the prisoner. She did not sout back "you are a Bully" Deceased did not strike her 3 blows in the face - Deceased did not strike her in the face and Knock her hat off. The blow struck her hat she did not scream - she picked her hat up and went down towards the course - It was quite 5 minutes from the time her hat was Knocked off till the fatal blow was struck. When we first saw the prisoner we were going to have a drink [James Bructon - signature - page 5] When we drove to the Course we had two hours before we had to go back. We were returning to give the guards a chance. He did not approach her to give her another blow. At the time he was struck she went at him sideways. He had not his face towards her. He was not adv ancing towards her He did not use a threat towards her. I did not hear either of them speak a word from the beginning to the end - the tent where we had a drink was about 20 yards from the entrance - when we came out we saw the prisoner about 20 yeards from the tent. I should think Brooks ran from then about 160 yuears and it was then that the hat was Knocked off - the prisoner approached the Deceased on his left hand side when she gave him the blow [James Brueton - signature - page 6] I am a little bit deaf and am not a good judge of distance. I ran after Brooks when he went up the field [James Brueton - signature - page 7]

This deponent William Arthur Smith on his oath saith as follows

I am a fruiterer and live at 115 Kerwicks Lane - On the 5th June instant I went to the mortuary at Mossely Street and saw the dead body of a man I had seen the man when he was alive at the Hall Green races on the 18th May. I heard the prisoner at Hall Green races calling the same man vile names he was running away - She took stones from her pocket and threw at him - she threw several times - I saw the man stop - the prisoner went up to him and deliberately struck him twice in the face he struck her afterwards twice - he did not hit her hard - they were josselled apart by a crowd - as she was coming down the course I said Chuck if its the day of the Races [W. A. Smith - signature - page 8] "enjoyment' She said "I mean to do for him today and if I can't do it on the course I'll drop a brick from the bus" I went to the Booth and presently I saw the deceased lie down he was wounded in the cheek and bleeding from the mouth - I helped to turn him on his back - I should say this was between 10 and 15 minutes after the bother at the top of the course - where I first saw them was ab out 150 yards from the tent - I heard her say as she went in his direction 'He's been calling me a Cow"

I heard her say she had b ought him out of the army -

Deceased did not strike prisoner first. The deceased would have to go that way to get out. I did not hear the man speak to the woman [W. A. Smith - signature - page 9]

The crowd shouted out shame [W. A. Smith signature - page 10]

This deponent William Henry Howlett on his oath saith as follows I am a gunmaker and live at 16 George Road Witton on the 18th May I was at Hall Green Races and saw the prisoner there she was running after a man and threw some small pebles at him. I next saw Deceased strike the prisoner 3 times straight from the shoulder - I did not hear either say anything then - the crowd separated them -

I afterwards went to the Booth and when I came out I saw the deceased and Brueton walk past I hard prisoner say she would get her own back - Deceased turned round in a half sneering manner and said 'good luck togow" She drove the umbrella through his cheek - She plunged it forward - the blow was [W H Howlett - signature - page 11] given with her full force - She put her umrella down and said "now you can have me pinched" and explained to the crowd what he had done to her -

The man was sober -

Cross examined - Deceased struck the prisoner three blows in rapid succession with his fist in the face When he was struck with the umbrella he was not facing her he was not in a fighting attitude - he was sideways -

From the time I saw the woman running the man to when I saw the man strike the woman was almost half a minute

I did not see what happened During that time [W H Howlett - signature - page 12]

This deponent John Ilsley on his oat saith as follows I live at6 4 Francis Road Acocks Green and am a gun finisher - I was at Hall Green races on the 18th May I saw the prisoner there - she was following the deceased up the field She said "I'm on your track this time my lad' he was walking away from her when he got to the top of the field he turned round and faced the woman She then struck him in the face with her left hand He then struck her in the face with his left hand she then rushed at him again and he struck her again with his right hand - the crowd separated them.

Afterwards by the tent I saw the prisoner again she was looking up the field [John Ilsley - signature - page 13]

I then saw the deceased come by meprisoner went up to him and said "You have Knocked me about haven't you and I'll get my own back tonight" - He said "good luck to you"

She then drove the umbrella threw his cheek - the end of the umbrella went into his cheeck right up to the silk part - she held it in both hands - I looked at the end of the umbrella there was no blood - she put the umbrella down and said "you can send for who you like now I have done it and don't care -" [John Ilsley - signature p0age 14]

This deponent William Parkinson on his oath saith as follows I am inspector of police stationed at Acocks Green

At 7pm on Friday the 29th May I apprehended the prisoner on a Warrant at her house 101 Hope Street Birmingham. I read the Warrant charging her with assaulting Alfred William Brooks on the 18th May - she replied I am guilty I havee been expecting you - She then said He shouted at me "Shouldn't you like your £20 back" "this so aggravated me that I struck him with the umbrella and he put his arm up and it went under his arm into his face. I took her to Acocks Green police Station. On the 1st June I visited prisoners house and got the umbrellas [Wm Parkinson - signature - page 15]

I produce from the woman in the house -

On the 6th June I visited the City prison and saw the prisoner I informed her of Brook's death and also when the inquest would take place I then cautioned her and charged her with causing the death of Alfred William Brooks by striking him in the face with an umbrella at Hall Green Races on 18th May. She replied I struck in self defence I did not strike him with two umbrellas - I did it with the brown one the other one was given to me. I have searched the Police records of Birmingham and find on the 7th August 1895 for assaulting Jennie Wilstrop Alfred William Brooks was fined 2/6 and 10/- costs on 7 days [Wm Parkingson - signature - page 16]

I also found that on 16th May 1893 for assaulting Alfred William brooks Jennie Wilstrop was bound over to keep the peace self? in £5 and costs 7/6 or 7 days. [Wm Parkinson - signed - page 17]

This deponent Joseph Henry Patrick on his oath saith as follows

I live at 269 Balsall Heath Road Birmingham and am a member of the Royal College of Surgeons of England

On 18th May I saw Alfred William Brooks at Orchard Road he was in bed he was suffering from a wound in the face shock and loss of blood - he went on fairly well for 16 or 17 days and then suddenly developed grave symptoms and died with 14 or 15 hours - I made a post mortem examination on the 5th instant I found a wound in the left cheek - above it and close under the left eye was a fracture of the upper jawbone - this fracture extended through both plates of the jawbone - the actual cause of death was inflamation of [J H Patrick - signature - page 18] the brain caused by an injury to the base of the skull this injury was about a week or two old - part of the brain itself was actually injured. A thrust of an umbrella as described by the Witnesses would cause such an injury

The jawbone was a thin one [J H Patricks - signature]

[in brackets the following]

the above Depositions of Susan Brooks, James Brueton, William Arthur Smith, William Henry Howlett, John Ilsley, William Parkinson and Joseph Henry Patrick were taken and sworn before us at Solihull the day and year first above mentioned

[close brackets]

[H H Chattack S Leitner - signatures - page 19]

Jenny Wilstrop stands charged before the undersigned, two of Her Majesty's Justices of the Peace for the County of Warwick, this Nineteenth day of June in the year of our Lord One Thousand Eight Hundred and ninety six for that she the said Jennie Wilstrop on the eighteenth day of May 1896 at the Parish of yardley, in the County of Worcester (which said parish before the day and year aforesaid had been by agreement made in that behalf by the respective Justices of the Counties of Warwick and worcester, which are neighbouring Counties, in their respective General and Quarter Sessions assembled, duly transferred to and directed to be considered as forming part of the County of Warwick, under and in pursuance of the provisions of an Act of Parliament passed in the Third and fourth Years of the Reign of Her present Majesty, intituled "an Act to amend the Act for the Establishment of County and district Constables"), feloniously, wilfully and of her malice aforethought did kill and murder one Alfred William Brooks contrary to the form of the Statute in such case made and provided. And the said Charge being read to the said Jennie Wiulstrop and the Witnesses for the Prosecution, Susan Brooks, James Brueton, William Arthur Smith, William Henry Howlett, John Ilsley, William Parkinson and Joseph Henry Patrick being severally Examined in her presence, the said Jennie Wilstrop is now addressed by us as follows: "Having heard the Evidence, do you wish to say anything in answer to the Charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in Writing, and may be given in Evidence against you upon your Trial. And you are clearly to understand that you have nothing to hope from any Promise of Favour, and nothing to fear from any Theat which may have been holden out to you to induce you to make any admission or confession of your guilt, but that whatever you shall now say may be given in Evidence against you upon your trial notwithstanding such Promise or Threat."

Whereupon the said Jennie Wilstrop saith as follows:- Not guilty

Taken before us at Solihull the day and year first above mentioned

[signed ?? Chattor? and S Leitner - page 20]

John Thulbourne says: I am a Groom and live at No 1 back of 20 vincent Street, Balsall Heath, Birmingham. I have known prisoner and deceased for some years I knew them when they lived together . I remember when they separated. I used to see her after that about Hurst Street, almost every day. I was then an Omnibus Driver on the same route as Brooks, I have several times heard her call deceased vile names and threaten him, and on one occasion she brought some men to set about us. They threatened to kill us and we had to sleep in the chaff room a Caldicotts all night. This was because she saw deceased and myself speaking to some girls. Every time she saw him she would call after and threaten him. I remember deceased summoning her, when she was bound over to keep the peace. I was not present when he assaulted her. I did not go to Hall Green Races, my Broke broke down, I was with deceased on the morning he did not say that he expected to meet her there. Deceased was of a very mild dispositin and was very forbearing towards prisoner , considering the provocation he received. I cannot say who bought deceased out of the Army, though I know that he was bought out. [1]

John Vears says: I am an Omnibus Conductor and live at 6 Court 2 house, sun Street, Birmingham. I have known deceased 5 years. I conducted for Brooks on same vehicle. On the occasion of the offence for which prisoner was summoned and bound over, I saw the assault in Hurst Street. There were several of us together. We had been to Days' Concert Hall. Prisoner came across the road and saying this is your b - game. I see you have got your tykes with you tonight," struck him twice. I have seen prisoner strike her umbrella at deceased many times and have heard her use threatening and filthy language to him. I did not know them when they lived together. I never heard her say anything about £20. She used to say she had been a good friend to him, but she would get her C- f- own back. Perhaps 4 or 5 times a night she would call after deceased and threaten him. Deceased used to say dont say anything I will summon her" Deceased has been more povoked and aggravated than any man living. Sometimes prisoner would be quiet and then when in drunk she would begin again. She used to promenade outside Days' between Smallbrook Street and Thorpe Street most nights. On the night for which Brooks summoned her she followed him to Macdonald Street until 2 officers interfered. Sometimes prisoner tried to get on the 'bus after Brooks. One night I saw prisoner get on the bus and assault a female passenger thinking Brooks was talking to her. She used to follow deceased to places of amusement. He has told prisoner many times that he did not wish to have anything to do with her. I never saw him retaliate. Brooks was not much of a drinker. He was generally sober.