SAND FILLED COFFINS BURIED WITH FUNERAL RITES
Whiston Man Charged
 
    AN amazing story of the burial of sand in coffins in pace, it was alleged, of two air raid victims was told at Liverpool Police Court, yesterday (Thursday), when the manager and a clerk employed by a firm of funeral furnishers were remanded on bail.
     Michael Daly, aged 50, of 8, Woodbine-street, Kirkdale, manager of Daly and Co, Ltd, funeral furnishers, of Scotland-road, Liverpool, was accused of having caused a false entry to be inserted in a register of burials.
     In the second summons he was accused of a similar offence on a subsequent date.
     John Murnaghan, aged 33, of 253, Knowsley-lane, Whiston, clerk and book-keeper, employed by Daly and Cp, Ltd, was accused of having caused a false entry to be inserted in a register of burials.
     The accused were represented by Mr Sydney Haworth

"A MOST UNHAPPY THING"
     Mr J R Bishop, prosecuting on behalf of the Director of Public Prosecutions, said the circumstances of these very serious accusations were extraordinary and harrowing.
     Among a number of persons who lost their lives during air raids on Merseyside were William Humphrey Alexander Smith, an auxiliary fireman, and Mrs Isabella Gibson, a cook. In each case, after the bodies had been identified by relatives, the funeral arrangements were placed in the hands of Daly and Co.
     In the case of Mr Smith arrangements were made, through Daly and Co, for his burial to take place on a certain date, but for some reason there was a postponement until a subsequent date.
     On that date, Murnaghan, on Daly's instructions, went to the mortuary where the remains of Smith were thought to be lying, in order that the funeral might take place from that spot. Apparently he was unable to find the body there, and told Daly. Either on the latter's instructions or by defendant's mutual arrangement, Mr Bishop alleged, a most unhappy thing was done by them.

COFFIN FILLED WITH SAND
     They filled the empty coffin with sand in order to weigh it and make it appear to contain a human body. The coffin was then taken away in a hearse, accompanied by Smith's relatives in broughams, and was interred in the cemetery, with full burial rights.
     With regard to the case of Mrs Gibson, her body could not be found at the time burial should have taken place. Daly took it upon himself to fill the empty coffin with sand, and this was also interred with funeral rites, the relatives leaving the cemetery in the belief that the body of Mrs Gibson had been buried there.
     A day or two after what was thought to be the burial of Smith, his body was discovered to be still on hand in a mortuary. The police were informed and, at the instruction of the Home Office, the coffin, which was supposed to contain his remains was disinterred and found to contain sand.

FOR COURT OF ASSIZE
     The defendants were present and were told that proceedings would probably be brought against them.
     In like manner, after the proper formalities had been gone through, the coffin supposed to contain the body of Mrs Gibson was disinterred and found to contain sand.
     In both cases proper burial took place at a later date.
     On the instructions of the Director of Public Prosecutions, added Mr Bishop, summonses were served on the defendants.
     Murnaghan replied, "I expected it." To the first summons Daly replied "I expected it," and to the second, "I understand."
    "These charges," said Mr Bishop "can only be dealt with by a Court of Assize and I am now asking for a remand."

PRESCOT REPORTER 8th August 1941

 

COFFINS FILLED WITH SAND AND BURIED

Whiston Man Charged
 
     A further remand until September 8 was granted at Liverpool Police Court, on Monday, in the case in which it is alleged that two coffins filled with sand were buried, with funeral rites, in place of the bodies of air raid victims.
     MICHAEL DALY, aged 50, of 8, Woodbine-street, Kirkdale, manager of Daly and Co, Ltd, funeral furnishers, of Scotland-road, Liverpool, and John Murnaghan, aged 33, of 253, Knowsley-lane, Whiston, clerk and book-keeper employed by the same company, are accused of having knowingly caused a false entry to be  inserted in a register of burials.
     Daly is accused of a further similar offence on a subsequent date.
     Mr J R Bishop, on behalf of the Director of Public Prosecutions, asking for the remand, said a Committal Court would be arranges as the charges could be dealt with only at the Assizes.
     Both accused were remanded on their own bail of �5 each.

PRESCOT REPORTER 29th August 1941

 

COFFINS FILLED WITH SAND BURIED

IN PLACE OF RAID VICTIMS
 
     ALLEGATIONS that two coffins were filled with sand and buried with funeral rites in place of the bodies of air raid victims, were made at Liverpool Police Court, on Monday, when the case was resumed in which Michael Daly (50), Woodbine-street, Kirkdale, Liverpool, manager of Daly & Co, Ltd, Funeral furnishers, Scotland-road, Liverpool, was accused on two summonses of having knowingly caused a false entry to be inserted in a register of burials.
     John Murnaghan, aged 33, Knowsley-lane, Whiston, clerk and book-keeper employed by the same firm, who appeared in the uniform of a gunner in the Royal Artillery, was similarly charged on one summons.
     Mr D H Mace appeared for both accused, and Mr R S Trotter held a watching brief on behalf of the company.

FIREMAN AND WOMAN VICTIMS
     Mr J R Bishop, prosecuting for the Director of Public Prosecutions, said that during the air raids an Auxillary Fire Service man named William Henry Alexander Smith and a woman, Isabella Gibson, were killed. Instructions for the funerals were given to the firm of Daly and Company, Scotland-road, Liverpool. The accused Daly was the manager of that company and Murnaghan clerk and book-keeper.
     The firm of Daly and Company, went on Mr Bishop, was not in a position to carry out all the arrangements, but had a working arrangement with other firms, who supplied the coffins and carriages.
     The funeral of Smith was fixed for May 15, and on that day Murnaghan went to another firm to remove the remains. Not being able to find the body, he returned and told Daly and, it was alleged, acting on instructions from Daly, or certainly with his connivance, Murnaghan filled the coffin with sandbags, and it was interred at Anfield Cemetery.

BODY FOUND IN MORTUARY
     Subsequently, said Mr Bishop, the body of Smith was found at a mortuary in the city and a proper funeral was held.
     With regard to Isabella Gibson the same thing happened, thought this time Daly, it was alleged, acted alone in having the coffin filled with sand and interred.
     Inquiries by Det Sgt C Richardson and Det Sgt J W Morris led to Daly and Murnaghan being interviewed. Both accused made statements in which it was alleged they admitted having committed the offences "in order to spare the feelings of the relatives."

AFFAIRS IN A MUDDLE
     Apparently the accused, said Mr Bishop, found affairs in a complete muddle and realising that the unfortunate relatives had been brought together for the funerals, adopted this course to save their feelings and prevent further distress. It was not the allegation of the prosecution that either Daly or Murnaghan made anything out of what they did.
     In his alleged statement Murnaghan then said he received neither commission on the funeral nor renumeration from any of the relatives. Daly's renumeration would amount on the funeral to 4s 6d.
     Mr Bishop said that after evidence had been given he would ask that both accused be committed for trial at the Liverpool Assizes.

AN ANXIOUS SEARCH
     At the resumed hearing on Tuesday, a number of witnesses were called.
     John Joseph Darke, of Dryburgh-street, a motor hearse driver, employed by JohnWaugh & Sons, of Scotland-road, described a long search at different institutions and air raid mortuaries which Murnaghan made with his vehicle on the day of Smith's funeral. Murnaghan was extremely anxious to find it
     Miss Mary Ellen Rothwell Wilson, of 57, Lynholme-road, Liverpool 4, a clerk in the office at Anfield Cemetery, said that on May 21 she rang up Daly's and asked for the burial certificate relating to Smith, who had been "interred" on the 17th. Daly replied that Mr Anderson would speak to her about it. On the same day, Murnaghan came to the office, and she asked him, "What did you bury in the coffin on Saturday last?" Murnaghan replied, "It's alright. you have got the body, so don't worry about it."
     Det Sgt John William Morris gave evidence, and cross-examined, agreed that, from the very first moment he approached the two accused, they hade rendered him every assistance, and everything they told him had, upon check, been found correct. They at once said that whatever they did was to avoid putting the relatives of the two deceased to further anxiety. Both defendants were very well known in the north end neighbourhood.
     Both defendants pleaded not guilty and reserved their defence. They were committed for trial at the Assizes and allowed bail in their own sureties of �10 each.

PRESCOT REPORTER 12th September 1941

 

COFFINS OF SAND BURIED WITH RELIGIOUS RITES

Assize Trial
 
     "You failed, and failed badly, in the duty you owed to the public, to the State, and to your customers, but I am justified in emphasising that this case was a slip-up, and not a really case of intention to do something which the law emphatically forbids."
     THIS statement was made by Mr Justice Croom-Johnson at Liverpool Assizes, on Tuesday, when he addressed Micheal Daly, aged 50, of Woodbine-street, Kirkdale, manager of a funeral furnishing company, and John Murnaghan, aged 34, of Knowsley-lane, Whiston, clerk and bookkeeper to the same company, but now in the Army, who had pleaded guilty to having knowingly caused a false entry to be made in a burial register. Daly pleaded guilty to a second similar charge.
     It was stated that in place of the bodies of two air raid victims, which could not be found at the time, the coffins were filled with bags of sand and buried with religious rites.

FAILED TO FIND BODIES
     Mr Glynn Blackledge, prosecuting, said considerable efforts were made by the accused to find the bodies, but, owing to the confusion which prevailed they could not be found. There was no evidence that it was from any motive but to spare the relatives pain that the accused filled the coffins with sand, and the funerals were carried through. Later the bodies were found and were properly interred. Steps had been taken to ensure that deception of this kind would be rendered practically impossible in future.
     Mr G Justin Lynskey, KC, who with Mr H L Nelson, appeared to both accused, said that as a result of the large number of fatal casualties in air raids, there was great pressure on undertakers at the time of the offences. What had been done in both cases was done simply and solely with a sincere desire to save the relatives further pain and suffering.
JUDGE'S COMMENT
     The accused honestly believed that, by some mistake, the two deceased persons had been buried in a communal grave.
     Mr Justice Croom-Johnson bound both men over for two years, and ordered Daly to pay not more than �20 towards the costs of the prosecution. When these offences were committed the times were abnormal in every sense of the word, he said.

PRESCOT REPORTER 31st October 1941