I came across this report dating from June 1940
ACQUITTED OF MURDER
Sheffield Man Sentenced for Manslaughter
John Henry Barton lorry driver, Longley Avenue Weet. Sheffield, pleaded not guilty before Mr. Justice Stable at Leeds Assizes today for the murder of Alice Booth, who had been living with him as his wife. The prosecution stated that that on the evening of June 15 the couple, in company with two women, were on their way home, from the Forester's Arms, Rutland Road.
Barton said something about the war, which caused Alice Booth say, "Oh, for God's sake, shut up! You are always on about the war." There was a violent quarrel, and Barton, was alleged, pulled the woman down and kicked her head, making her unconscious. On the way to hospital she died from cerebral haemorrhage.
It was alleged that Barton said, "I am the boss. Women can't boss" It was stated in evidence that Barton was under the influence of drink. Mr. J. S. Snowden, defending, submitted that there was no case of murder for the Jury, the fatality having occurred in a sudden quarrel involving neither lethal weapon nor premeditation.
His Lordship agreeing. Barton was acquitted of murder. He pleaded guilty to manslaughter, and was sentenced to nine months' imprisonment, the Judge remarking that he had no doubt the tragedy would never have happened if Barton had not had too much beer.
Nine months for the loss of a life seems beyond excessively lenient. In fact why send John Barton to prison at all. The murder charge should not have been brought in the first instance bearing in mind that if proven John Barton would have received a mandatory death sentence. The charge should have been one of manslaughter in the first place - there was no pre-meditation or weapon involved but Alice Booth did die as a result of a vicious drunken assault and there are no mitigating circumstances to this fact. Kick a person in the head and there is always a chance they will die.
No doubt if John Barton had been sober the assault may not have happened as Mr Justice Stable stated in sentencing but it did. And drunkenness is in law no defence
John Barton was very fortunate - I wonder how Alice's 3 children coped?
1939 National Register
Name: John Barton [Henry Barton]
Gender: Male Marital Status: Single
Birth Date: 18 Mar 1899
Residence Date: 1939 Address: 39, Longley Road West Residence Place: Sheffield, Yorkshire (West Riding), England
Occupation: Rolling Mill Truck Driver
Line Number: 40 Schedule Number: 36 Sub Schedule Number: 2 Enumeration District: Kijs
Borough: Sheffield Registration district: Sheffield 510/3
Household Members (Name) Age
Alice Booth 51
John Barton 40
Thomas Booth 16
Mabel Booth 14
John Booth 11
Alice Booth Burial Record
Booth, Alice (Wife of Walter, age 53). Died at City General Hospital; Buried on June 20, 1940 in Consecrated ground; Grave Number 18243, Section CC of City Road Cemetery, Sheffield. Page No 211
It seems as though John Barton remarried after doing his time in Armley
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