On the morning of 18th September 1887 a labourer named Joseph Peach turned up for work at the Black Bull Bridge in Walton which crossed the Cheshire Lines railway. However he was told by the foreman Thomas Cook that he was late and there was no room for him on the scaffold.
When 54 year old Peach refused to go he was punched by Cook and fell four feet between some railings. When a workman shouted that a doctor was needed Cook said 'Let the bast*rd die.' A doctor arrived on the scene and Peach was taken into the Black Bull Inn, with strict instructions being given that he should into be moved.
Despite the doctor's order, Peach was then taken back to his Townsend Lane lodgings in an unconscious state by two painters who were staying nearby in Vicar Road. He died the following day at 6.10pm and Cook was taken into custody.
On 28th September a committal hearing took place at the magistrates court. James Clarke and James Head, who had taken Peach back to his lodgings, admitted that they had not seen any punch thrown but just saw him lying on the floor. However they could both state that Cook did not want to send for a doctor. Another painter, William Drury from Warrington, did say though that he had seen Cook strike Peach with a clenched fist. Dr Fleetwood, who had carried out a postmortem, said that death was down to effusion of blood on the brain and this could have been as the result of falling on a hard substance.
Cook was committed to the Assizes for trial and appeared before Mr Justice Day on 16th November. In his defence, Cook said he had just pushed Peach away as there was no room and he fell backwards. This led to him being found guilty of manslaughter and sentenced to six months imprisonment.