"In every dispute between parent and child, both cannot be right, but they may be, and usually are, both wrong. It is this situation which gives family life its peculiar hysterical charm." Isaac Rosenfeld
My love of genealogy is not always shared by other members of my family, particularly when I uncover some long hidden secret of a black sheep ancestor. It is particularly unpopular with Auntie Vera who always believed that she had a distinguished and noble lineage. Quite what made her believe this is somewhat of a mystery, but the truth is, like most of the population of England, she has her roots in the Agricultural labourers and Sawyers who were the backbone of the country rather than the landed gentry that she prefers to believe she is descended from. I think she's almost convinced herself that Sawyers is a misprint that should read Lawyers. Some of the secrets I've uncovered we have not made her aware of, such as how close she came to being born illegitimately. Some things she just could not accept and this is one of them.
Auntie Vera's mother, Eric's Grandmother, was born in Sheep Street, Chipping Campden. Her father was an Agricultural Labourer, as was his father before him. Her mother's father and family were also Agricultural Labourers as were their parents before them. When I obtained the death certificate of Auntie Vera's Great-Great-Grandfather, William Waine (Eric's 3times Great Grandfather), I was surprised to see that he died as a result of an injury to the spine inflicted by a John Waine who was subsequently found guilty of manslaughter. Such a piece of information could not go unresearched and after some investigation and the help of a relative who still lives around Chipping Campden, a newspaper report giving all the gory details was discovered.
Injury to the spine, manslaughter against John Waine - Inquest held 29 jul 1862Evesham Journal August 1862
CAMPDEN
Melancholy and Fatal Occurrence - Verdict of Manslaughter - About five weeks ago a gang of men were mowing a field belonging to Mr Matthews near to Campden, they were allowed beer and having nearly finished the job they sent a man named John Waine, one of their number, for more beer. He appears to have loitered by the way, and his companions supposed that he had been drinking more than his share before he returned and accused him of it. This caused a quarrel and John Waine being then drunk struck his own father, who was one of the number, and who interposed to prevent the others fighting. The old man fell and received an injury to the spine, from which he never recovered, but died on Saturday last. A post mortem of the body took place under the direction of Joseph Lovegrove Esq, coroner for the County, and after a patient investigation the Jury under his direction found a verdict of manslaughter against John Waine, the son, and a warrant was issued for his committal to Gloucester, the witnesses being bound over to appear. He had been previously apprehended but the father being unwilling as well as incapable of appearing against him, he was discharged and was at large at the time of the inquest, which was held on Tuesday last. The following persons constituted the jury:- Stephen Sylvester, foreman, John Horne, Richard Bricknell, F Phipps, Chas Ladbrook, Thos Brace, William Wynniatt, Charles Clopton, Charles Petty, George Ward, Charles Izod, Richard Griffin and James Gibson.
The following was the evidence adduced:- Thomas Bennett, Labourer, of Campden deposed: On Thursday 19th June I was at work for Mr Matthews, drdggist, mowing in a field near Campden. Deceased was there mowing and his son John Waine, and four others. We had some beer with our work, John Waine was sent for some more beer and did not return with it. Deceased and his son had some words together. We had just finished mowing at ten o'clock in the day and were returning home, deceased and his son were behind. I heard some quarrelling and turned round and looked at them. I saw the son, John Waine, fall down but whether from a blow pr not I do not know, but he was squaring up before his father.: he then got up and knocked his father down and stood over him and struck him when he was down. He fell in the furrow. Deceased did not get up and I ran up to him to the place where he was lying. He was sensible but could not stir. Another man, William Bayliss, went up to render deceased assistance and J Waine knocked him down. J Waine had been drinking. Deceased lay there for about a quarter of an hour. I assisted to remove him from the field. The deceased was quite powerless. Before he had the blow he was as active and as well as he had been all the day. He fell on his side. No one else struck him. If they had I should have seen it. The son was taken into custody before the father was removed.
David Smith deposed as follows:- I am a sawyer, living at Campden. On Thursday 19th June, I was returning to my work about 10 o'clock when I saw the last witness and others, seven in all, come out of Me Matthews' field into Mr Hirons. The deceased and his son, John Waine and Joseph Brotheridge were the last. The deceased shut the door leading into the field. I saw John Waine go up to his father and swing his fist round his head. Deceased had something on his arm, I saw him put it on the ground his son came up towards him and they had a scuffle and both fell down, they both got up. I then saw the deceased knock his son down, they both fell, both got up again, and the son knocked his father down with his right fist and then struck him once when down. Deceased did not move after he was struck down. I heard the deceased's daughter say, “he is killed,” and upon this I went and gave information to the police. John Waine was taken into custody. John Waine was drunk. After I got the police, I went up to the deceased. He was still lying upon the ground. He said he was very ill, he was quite powerless. Deceased died on Saturday July 26th between ten and eleven at night. Deceased was 63 years of age.
Alfred Stanley deposed as follows: I am an inn keeper, living at Campden. On Thursday, 19th June last, I was going to my father's field, the adjoining field belonging to Mr Matthews. I saw John Waine, his father, and Joseph Brotheridge, in Mr Hiron's field. Joseph Brotheridge was sitting under the hedge. I saw John Waine go up and strike him. He then turned round and began sparring with his father, and his father pushed him down. The son got up and struck the deceased down into a furrow and hit him again more than once when down. William Baylis interfered and he and John Waine fought together and Baylis was knocked down, and then John Waine went up to his father who was still lying on the ground and quite powerless). I went up with a young man named William Harris. J Waine struck him and then offered to fight any of us. John Waine appeared to be in drink.
Thomas Tawney, Police Constable, stationed at Campden. In consequence of information received on Thursday 19th June last, I preceded to Mr Hiron's field, near Campden, about ten o'clock in the day, and apprehended John Waine. He was drunk. He was standing up. The deceased was lying on his side on the ground unable to move. I took John Waine before the magistrates who discharged him ……………been unable or unwilling to appear against him.
John Franklin Hiron Esq: I reside at Campden, and am retired from practice. On Friday 20th June, I went on behalf of Mr Morris and saw the deceased. He was in bed. I examined him. His legs were quite paralyzed and his arms partially so. He was sensible. His bladder and lower extremities were all paralyzed. I attributed the state I found him in to some injury to the spine. I saw the deceased twice afterwards but there was no hope of him recovering.
Richard Charles Titt Esq: Medical Student and Assistant to Mr Morris, a surgeon of Campden. I have attended the deceased for about a fortnight previous to his death, which occurred on Saturday last. He was suffering from paralysis of the lower extremities. By direction of the Coroner I have mad a post mortem examination of the spine, and I have found that there was a dislocation pf the lower part and the vessels around it were very much injected. A fall would most likely cause the injury and it would cause paralysis. The cause of death was the injury to the spine.
The Coroner having summed up, the jury returned a verdict of “Manslaughter” against John Waine, who was therefore committed for trial on the Coroner's Warrant.
It would seem that very little in the world changes. Alcohol was and still is the root cause of many problems. Auntie Vera has completely wiped this little piece of family history from her mind and now disassociates herself completely from any attempts from any of the family to find out more about their ancestry. I'm pretty certain that she is aware of things that Eric and I would like to know, but nothing on earth would persuade her to reveal anything that would show the family in anything less than a perfect light. I however, love to uncover these little tit bits of information. It was just the way life was many years ago and nothing for us to be ashamed of so many generations down the line. My own family also has its black sheep, as I suspect do most families in England.
