Age: 54
Sex: male
Date: 18 Feb 1963
Place: 76 Milton Street, Burnley, Lancashire
Albert Porter was killed with an axe at his home at 76 Milton Street, Burnley.
He was found dead Monday 18 February 1963.
His 24-year-old son-in-law, a process worker, who had lived at 85 Waterloo Road in Burnley, was tried for his murder but acquitted.
However, it was noted that at the trial, even the prosecution had misgivings over the case and the judge ordered the jury to return a not guilty verdict.
Albert Porter had previously been a Blackpool bus cleaner.
He was last seen when he left a working man's club late on the Sunday night. He was found battered to death at his home 24 hours later.
The police were called out to the house at around 10pm after a Lodger at 76 Milton Street, who was later sent to Belfast Prison, called them to report a burglary at the house. When they came out they found Albert Porter dead in his bed.
Post Mortem
The post mortem examination concluded that his death was due to shock and haemorrhage from injuries to the left side of his face and neck.
The pathologist said that he thought that his injuries could have been inflicted with the axe found at the scene, exhibit 15, and stated that the fact that his injuries were parallel suggested that the axe had been wielded near to the body, that is, within about two feet, or that the person using it had been an expert in its use. He said that a great deal of force would have been required to cause the injury that included the cutting of the jaw bone.
He added that he thought that the time of death would have been between 11 and 22 hours prior to his examination which took place at 3.15am on 19 February 1963, (5.15am and 4.15pm 18 February 1963).
He also said that from what he found that it appeared that Albert Porter received his injuries whilst lying on the bed and that he didn't appear to have moved at the time he received his injuries. He added that his findings were also consistent with Albert Porter having been struck whilst he was asleep, or in the process of waking up.
Process Worker
The process worker was seen by the police at about noon on Tuesday 19 February 1963 at his home. When they saw him, the police told him that Albert Porter had been found dead and that they had reason to believe that he had visited his house the previous day. and he was taken to police headquarters where a statement was taken from him.
In his statement he said:
On Saturday evening I went to my father-in-law's house to borrow a spade. There was no person at home so I went to my sister-in-law at no. 44, Milton Street, hoping to find my father-in-law there. He was not there but the spade I required had been borrowed by my sister-in-law's husband and I took possession of it.
On Monday, the 18th February, 1963, at about 2 o'clock I went again to my father-in-law's home to make arrangements about the property repairing at the bottom of Waterloo Road.
I first knocked on the front door but got no reply so I went round to the back. I went into the yard and first noticed that the back door was slightly ajar so I went into the house.
The front room light was on, the stairs light was also burning and I saw the drawers open in the dresser in the front downstairs room. When I saw the state of the drawers I thought my father-in-law had been a little untidy or on the other hand someone had been in and made a search.
I also noticed an axe on the table in the front room downstairs, this however, is not unusual. I then called out his name a few times but got no reply so I went upstairs to his bedroom which is at the rear of the house. I also looked into the front bedroom but saw nothing amiss. My father-in-law's bedroom door was standing open. I knocked and called his name but received no response. I peered into the bedroom and so far as I could see my father-in-law was not in bed. I stood at the door all the time and never went up to the bed to make a close examination.
On the floor by the side of the bed was a white sheet and the bed clothes were turned back diagonally across the bed as if he had just got out. The top half of the bed was covered, however, by a large brown overcoat and I could just see the pillow.
From what I saw I came to the conclusion that my father-in-law was no at home so I left the house and closed the back door behind me.
After giving his statement the police took the process worker to 76 Milton Street for the purpose of him showing them the position of the bedclothes when he had looked in. It was noted that at that time the main exhibits had been removed, along with Albert Porter's body.
As they went from the kitchen upstairs they paused for a moment and the process worker remarked about the open drawers and the table in the front room, saying:
When they got to the top of the stairs the process worker said:
Indicating the front bedroom, and then said:
Indicating the back bedroom, adding:
Indicating the top step of the stairs.
He was then asked to arrange the clothes on the bed in the backroom and he laid one sheet the full length of the bed and then folded the remainder of the bedclothes backwards diagonally from the top right hand corner of the bed as you look at it. He then covered the upper portion of the bed with an overcoat that was in the bedroom, leaving about six inches of the pillow showing.
It was noted that it had been about 1.15pm when they had entered the bedroom and that they afterwards left the house.
The process worker later went to the police on 20 February 1962 to tell them that he revelled having touched a bottle of beer in the kitchen when he went in, stating that he did so to see what sort of beer it was. He then gave another account of his movements and after some time the detective told him that he was not satisfied that he was telling the truth, the process worker started to cry and admitted that he had seen Albert Porter's body, saying:
When he was asked what time he saw Albert Porter's body, he said:
His new statement was exhibit 36, which was appended with:
At 6.45pm on Sunday 24 February 1963, the process worker had been in the detention room when Albert Porter's daughter was brought into the room. Immediately she entered the process worker turned to her and said:
She replied:
He then said:
Albert Porter's daughter then said:
The process worker then said:
It was noted they were both very distressed and crying and that Albert Porter's daughter then left the room.
11 Year Old Girl
An 11-year-old girl that had lived at 79 Milton Street in Burnley said that on 18 February 1963, she had not been to school as they had a half term holiday. She said that at about 11.30am that she had been at the window at the front of her house when she saw a man who seemed to be looking in at the window, but said that he couldn't see because curtains were closed. She said that he was trying to look into the front window of 76 Milton Street.
She noted at the trial that she could not see that man in the courtroom.
She said that he had been wearing a short duffel coat with, she thought, a leather shoulder, but couldn't remember what type of trousers.
11 year Old girl's Mother
The 11-year-old girl's mother said that she had been home at 79 Milton Street on the morning of Monday 18 February 1963 when she saw a man banging on the door of 76 Milton Street just after 10am. However, at the trial, she said that she could not see the man in the court room.
She said that he had been wearing an old grey felt trilby hat and a dirty fawn raincoat and wellington boots caked with mud, noting that she didn't see his face. However, she noted that she saw the man again at 11.45am the same morning, but didn't see him at any other time.
Ring Spinner at 14 Milton Street
A ring spinner that had lived at 14 Milton Street at the time said that he had been at 13 Hull Street in Burnley on the afternoon of 18 February 1963 at about 1.40pm and that from that position he was able to see down Milton Street and saw a man walking up and down the street. He described the man as tall, wearing a brown trilby hat and wearing a black duffel coat with leather on the shoulders and black trousers and wearing wellington boots.
He said that he was attracted to him because he kept walking up and down and standing outside 13 Hull Street, going so about five or six times. He said that he didn't take a lot of notice of his face because his hat was pulled down.
He said that he thought he would recognise the man again if he had the same clothing on, but that he didn't recognise the man in the court at the trial.
Cleaner at 67 Tentre Street
A cleaner that had lived at 67 Tenture Street in Burnley said that her back window looked on the back upstairs and downstairs windows of the houses in Milton Street, including 76 Milton Street. She said that at 10.25pm on 17 February 1963, a Sunday night, that she had gone out of her back door and saw a light on in the back bedroom of 76 Milton Street, noting that it had been an unusual light and something she had never seen before. She noted that she had been in 76 Milton Street many times.
She said that she went to work the following day and when she returned at 8.45pm and went out into her yard that she didn't notice anything then, only the policeman there, who she talked to.
She noted that she hadn't noticed anything unusual the previous afternoon, only that the curtains were either down, or well back out of sight.
Albert Porter's Daughter
Albert Porter's daughter had lived at 44 Milton Street but soon after moved to 97 Marlborough Street in Burnley.
She said that Albert Porter had moved to 76 Milton Street about nine months earlier. She said that her sister was married to the process worker and that they had lived in Waterloo Road, although she wasn't sure of the number. She said that she didn't think that Albert Porter had taken to the process worker much, but that they hadn't had any arguments.
She said that on Monday 18 February 1963 that the process worker called at her house around 12.30pm, but that she wasn't sure of the time as her clock had been upstairs. She said that when he came in he said:
She said that she replied:
She said that the process worker then said:
Albert Porter's daughter then said:
She said that the process worker then told her that he would go and see and then left the house.
She said that he came back about 20 minutes later. she noted that when he came round earlier that he had appeared to be quite normal, but that when he returned he had seemed rather quiet to what he usually was and rather pale. She said that he told her about the house and then left, saying:
She said that she asked him whether he shouted for Albert Porter and that he said 'yes', and that when she asked him whether he went upstairs, he said:
She said that he then told her that Albert Porter's working coat was there and that when she asked which one he said the grey mac and that after that he said:
She noted that when the process worker called at her home that he had been wearing a navy duffel coat, a pair of dark trousers with two holes at the knee and a pair of brown wellington boots and a trilby, adding that he had had those clothes on both times he saw him. She said that on both occasions he had called on her that he had stayed for about five minutes each.
She said that the last time that she saw her father was on Sunday 17 February 1963. she said that she first saw him in the afternoon and then later on at about 6.30pm when he came to have some dinner, noting that he had roast potatoes, boiled potatoes, chops, peas and carrots. She said that he left at about 7.30pm and that she never saw him alive again.
Detective Constable
A detective constable that went to 76 Milton Street at about 11.45pm on Monday 18 February 1963 accompanied by a police sergeant, said that they went there after receiving information at the police station.
He said that when they arrived they found both the front and rear downstairs rooms were illuminated but that when they knocked at the door they got no answer. He said that they then went round the back and found the backdoor closed, but insecure and that the sergeant opened the door and shouted into the house but got no response.
He said that they then went into the front room where it was apparent that there had been a disturbance and that there was an axe on the table, but that the table was not otherwise disturbed.
They then went up the stairs which were also illuminated and into the front bedroom in which there was a single bed that was unoccupied. They then went into the rear bedroom and upon switching on the light found that there was a person occupying the bed, fully covered by blankets, sheets and a dark brown overcoat and that there were various personal papers scattered about the floor.
He said that they then shook the person by the ankles but got no response and then went to the head of the bed and pulled back the blankets and saw that the person was a middle aged man with lacerations to the left side of his face and that he was obviously dead.
Assistance was then summoned at 12.10am and Albert Porter's body was removed to the police mortuary at 3am.
He noted that whilst they were removing his body that they saw that he was wearing a shirt, underpants and socks and that his left hand was placed on his private parts inside his underpants.
Detective Inspector
A detective inspector said that he examined the house and collected a number of items that were taken away for analysis and later used as exhibits.
He noted that when he examined Albert Porter's body in the bed that there were no signs of there having been a struggle.
He stated that when he examined the bed at 12.10am he noticed a rubber hot water bottle protruding from the clothing at the bottom of the bed, which was later presented as exhibit 24. He said that the water bottle was still slightly warm, the temperature being much higher than that of the bed. He noted that he later also found a second hot water bottle at the bottom of his back which was also warm and was similarly taken as an exhibit, exhibit 31.
He said that on 27 and 28 February 1963 that he carried out tests with the water bottles, filling them both from a gas geyser in the kitchen with exceedingly hot, but not boiling water, and placed them in the bed on 27 February 1963 at 12.30pm. He said that when he again checked them at 11.30pm that night that he found them both to be slightly warm, in a similar condition to how he found them on the morning of 19 February 1963, and that when he checked them at 10.30am on 28 February that they were both stone cold.
Lodger
A man that was later sent to Belfast Prison had formerly lodged at 76 Milton Street with Albert Porter. He had appeared before the courts on at least six occasions and been sentenced to varying periods of imprisonment, the maximum for three years, with most of the offences being for breaking and entering into property and stealing.
He was noted in the investigation as later having confessed to Albert Porter's murder whilst in Belfast Prison.
He had been living at 76 Milton Street from 16 to 19 February 1963 but said that he had moved in about three weeks previous and had used the front room upstairs. He said that he went out on Saturday 16 February 1963 in the afternoon about 4pm and came back about 10pm and found that the living room had been ransacked and the gas meter container that held the money was on the table.
He added that his wallet was also in the house and that when he had gone out there had been £6 in it but that when he returned that the money was gone and that he called the police.
He said that the police then came to the house and also came back on 17 February 1963 whilst Albert Porter was there.
He admitted that he wrote a note that was later found in the pocket of a boiler suit to Albert Porter concerning the matter of the gas meter.
He said that on the evening of 17 February 1963 that he went to bed at 9.30pm, noting that he saw Albert Porter before he went to bed, which was about 8.30pm, but that Albert Porter didn't remain in the house and that he didn't know when he came back and didn't see him again that night.
He went on to say, in his initial statement:
I remained in the living room about a couple of minutes and then I went to 'phone the police. I left the house by the back door. I used the police 'phone box at Townley Park gates. The police did not come straight away. About an hour elapsed before they came. In that hour I waited in the house a bit in between the living room and the kitchen. I did not go into any other room. I waited in the house for about three quarters of an hour and then I walked to the corner of Richard street adjoining Todmorden Road. I remained there for about five minutes then I came back to near 76 Milton Street and walked to the top of Milton Street. That is the junction with Temple Street. I waited there roughly about five minutes then I walked straight back down to Holmes Street. I was stood on the corner of Holmes street and Todmorden Road for about five minutes and then a policeman in a car pulled up. I went with him to police headquarters, Burnley. Between 7 o'clock in the morning of the 18th February and about 10 o'clock in the evening of the same day I did not go back to number 76 Milton Street. I saw Albert Porter at no time between those times.
I had been paid on the Friday, the day before the £6 was missing from my wallet. I would be paid the Friday after that. I had no money left after the £6 had been stolen. I wrote a note to Albert Porter. I put it on the table on the Saturday. I know that Albert got that note. On the Sunday morning there was a conversation between me and Albert about the note. T my knowledge Albert had no money in the house after it had been ransacked. After this murder I stayed in the Burnley area for about a fortnight. I went to Glasgow first. I was there about three days and from there I went to Ireland. On the 20th March I was arrested in Ireland for an offence of breaking and entering. I have been in custody ever since. During the time I have been in custody since the 20th March, I have spoken to a number of officers about this murder. I remember making a statement to a police officer in Ireland and I remember saying that the reason I left Burnley was because there had been a murder in the house where I lived.
The Lodger went on to say that on 22 March 1963 that he told an officer that he had done the murder, saying that he hit Albert Porter with the axe after he woke up when he was taking money out of his drawer. However, he said that he would not say where he had hit Albert Porter or any other details that were not already in the newspapers, stating that all he was saying was that he had done it and that the process worker was an innocent man and that the police would have to prove that he had done it. He said that he admitted the murder because he didn't want to see the wrong man suffer.
Boiler Suit
It was noted that when they went to 76 Milton Street that they found a boiler suit on a low backed armchair in the living room and that in the pocket they found a note, exhibit 30 which read:
Somebody broke in
and done the meter
I lost £6 see if you
have anything mising
I have had the police
here they will come
in the morning to see
if you have anything
missing.
Lodger
Gas Meter
A detective constable said that at about 10.30pm on Saturday 16 February 1963 that he went to 76 Milton Street where he met the Lodger, and examined the pre-payment gas meter there and found that it had been forced and that the cash container was on the table in the living room of the house, minus the cash in it. He said that he examined it for fingerprints, but found no trace and also found no evidence of a forced entry, but noted that the rear door of the house, whilst closed, was insecure.
He said that they called back the following day, at which time Albert Porter was also there, along with the Belfast Prisoner.
He noted that they had gone to the house as a result of a communication from the Lodger and that after his investigation that he was able to say that some money had been taken from the gas meter, but was unable to say how much.
Distances
Several distances were measured between house:
Man from Lanark Street
A man that had lived in Lanark Street said that he had been sitting with the Lodger drinking chocolate on the morning of 18 February 1963 and that he saw that he had some spots of blood on the front of the wrist of his left hand. He noted that they could have been cuts or bits of paint but that it looked like blood to him, describing them as looking like splats as from the flicking of a pen.
He said that during the day that he had very quiet and looked a bit shaky, although he put that down to him having had his home broken into.
Man at Cinema
A man that went to see a film in Burnley said that he arrived in Burnley at about 5.15pm and went straight to the Odean cinema there and went to the front stalls and that after about ten minutes he noticed the lodger there and that when the lights came on he turned around and saw him and spoke to him. He said that he watched the film through and that as he was leaving he said 'goodnight' to the lodger, noting that it was about 9.15pm then.
Prison doctor Report
A prison doctor that examined the process worker said that throughout he denied the murder. He said that he an electroencephalographic examination was carried out on him for epilepsy, but found that he was within normal limits and that intelligence reports found him to be within normal limits. he said that whilst there were some symptoms of schizophrenia, that there was not sufficient evidence to make such a diagnosis and that he was both fir to stand his trial and to plead the indictment. He further noted that whilst he denied having killed Albert Porter, that if he had of done that he would have been aware of the nature and the quality of his acts at that time.
It was also noted that he admitted having feigned epilepsy whilst in the RAF in order to get his discharge.
Lodger's Belfast Prison Statement
Whilst in Belfast prison, the lodger made the following statement:
This leaves only two times when I could have seen Albert, that is before I left for work about 7 o'clock that Monday morning and after I came back home about 10 o'clock that night. That was the 18th February. It's correct that Albert didn't undress downstairs and it's right what I said in my statement about Albert's clothing not being downstairs. I'm not saying that I brought Albert's clothes downstairs. I did not bring Albert's clothing downstairs. I didn't see Albert's clothing at all and I didn't handle it at all. The axe was in the kitchen against the wall when I first picked it up and I took it upstairs. I just hit him with it. There was no quarrel. I agree that it's not logical that I should have done it like that for no reason at all. There was no reason. I did not tell the Irish officers I was going through the drawers. I had no purpose in getting money. I can't remember where I hit him, I do not know where it was. He was lying down. I can't say whether I hit him around the body or anywhere else, I can't remember. After I hit him I took the axe downstairs and put it on the table. I didn't have any blood on me. They would have found it at Preston if there had been any on my clothes.. I was in the room for a couple of minutes. That was just sufficient time to walk in, hit him and come out again. I didn't touch the drawers in Albert's bedroom at all. I pulled out all the drawers downstairs. I thought the charge against the process worker would be slung out the first week. I don't know what evidence you've got against him. I'm going to get about five years over here. He's got a wife whose expecting a kiddy. I'm not doing this for the sake of publicity. I did tell you, when I was in Burnley that I got £50 from the newspapers for my story. I told the police in Kurgan that I got £30, but what I actually had was about £1. It took the police an hour and a half to come.
It took me about ten minutes to go to the police box. I was only in the house a couple of minutes, then I came straight out. I say again and it is true that I was only in the house a couple of minutes before I left to telephone the police. I didn’t go upstairs, as I have said before, and I did not see the body not did I see Albert alive. I confirm that I did not come home that day after leaving at 7 o'clock that morning. I agree that leaves only one time, or two really, that I could have done it, that is before I left home that morning or during the night, Sunday night that is. It's quite possible I could have done it then. I could tell you when I did do it but I don't want that. I'm not doing this out of sympathy for the process worker. I I can't tell you what part of the body I struck him on. Whatever I have told you now has appeared in the newspapers. I didn't take any money from the house at all. Albert didn't have any money, he was just a normal working fellow like myself and he was always borrowing off his daughter. It didn't bother me that I had killed Albert, that's why I I was able to go to work all that day. I hadn't tried to borrow money from him or anything like that. I still say that when I left home on Monday morning, 18th February, Albert's clothes were not in the living room downstairs and they must have been upstairs but I din't see them or touch them at all. I will sign this statement when I am finished. I haven't told the Irish officers that I took any money out of Albert's drawers, nor did I tell them that I was looking through the drawers when Albert woke up so I hit him with the axe. I don't know why I done it. I repeat that. I didn't see Alberty when he came home on that Sunday night late. I'd seen him earlier that night, about half past eight. I definitely did not see Albert at all, either dead or alive, after I left home at 7 o'clock on Monday morning, 18 February.
My reason for telling you now that I did itis that the process worker didn't do it. again I say that there was no reason why I should have done it. When O left home on Monday morning about 7 o'clock, 18th February, I did not bolt the back door. I know I have said in my previous statements that I did bolt the back door but that is not true. I didn't see a bottle of beer on the living room table that morning when I left. There was no bottle of beer on the table when I put the axe down on it after I had killed Albert. There were no gloves on the table either, there was just the axe lying on the newspaper. There was nothing else on the table.
Lancaster Assizes
The process worker appeared at the Lancaster Assizes on Wednesday 22 May 1963, but was found not guilty at the direction of the judge and discharged.
When the judge directed the jury, he said:
Albert Porter had formerly been a Blackpool bus cleaner and had lived there for several years and was known in Burnley as Blackpool Albert. He had been a widower.
see National Archives - MEPO 2/10457, MEPO 2/10458, ASSI 52/1347
see Liverpool Echo - Thursday 23 May 1963
see Liverpool Echo - Saturday 23 February 1963
see Liverpool Daily Post - Tuesday 26 February 1963
see Daily Herald - Wednesday 20 February 1963
see Liverpool Echo - Saturday 23 February 1963
see Lincolnshire Echo - Thursday 23 May 1963
see Nottingham Guardian - Thursday 23 May 1963
