Death at Archway goes unpunished

Highgate Archway

On the 11 February 1866 John Loveman was standing with his omnibus at the Archway Tavern on Highgate Hill. Loveman was a driver for John Wilson, whose ‘Favourite’ ‘buses were some of the earliest on the capital’s streets.

As he waited a drunken man tried to barge his way onto the omnibus, but Loveman prevented him from doing so. Witnesses watched as the man, Thomas Brown, tried and failed three more times to get onto the vehicle. Frustrated he lashed out at the driver, grabbing him and, ‘with great force throwing him to the ground’.

The attack caused Loveman to break his leg and at his own request he was immediately taken to the King’s College Hospital, in Lincoln’s Inn Fields. The house surgeon, Mr Thomas Howell, treated him on arrival and he was held there until the 7 March, when he passed away. He had died, it was recorded, ‘from exhaustion caused by a succession of fits of an epileptic character, and inflammation of the right leg’.

Brown was summoned for assault and later presented at Clerkenwell Police court on a charge of manslaughter.

The key to this turned on whether the injury to Loveman inflicted by the drunken Brown had led directly to his death. Before his death the court was told that the omnibus driver was a ‘strong, healthy man, and there did not seem to be anything the matter with’. At the coroner’s inquest (which were, it must be said, often hasty and somewhat casual affairs with little medical examination beyond the cursory), Brown was named as the cause of the driver’s death.

However, a later post mortem failed to find any link between the injury Loveman had sustained and his death just under a month later. The prosecutor, Mr Beard, felt sure proof would emerge if only the original house surgeon at King’s (Howell) could be asked to appear and testify. The magistrate, Mr Barker, was less convinced. He said there was very little evidence to charge Brown with at the moment and he was minded to let him go.

However, he asked Inspector Westlake (Y Division, Metropolitan Police) if a warrant had been issued for Brown’s arrest by the coroner. It had, he was told and the prisoner would have been arrested earlier if he had turned up at the inquest.

Mr Barker agreed to release Brown on bail (the figure was not reported) but he was immediately rearrested by Inspector Westlake, and conveyed to Newgate gaol. Given that a man had died and Brown had committed an assault (albeit under the influence of alcohol) I would have expected there to be a trial at the Old Bailey and for Brown, if convicted, to face  short spell in prison. But no such trial is recorded so I am left to presume that at a subsequent hearing before the magistracy the prosecution offered insufficient evidence to persuade the bench to formally indict Thomas Brown for manslaughter.

[from The Morning Post (London, England), Wednesday, March 21, 1866]

NB I have a framed black and white print of the image of the Highgate Archway that once belonged to my maternal grandfather, Percy. It belongs to my mother but graces my office and reminds me my roots everyday (I was born in the Whittington Hospital, not far from the old pub or the former omnibus stop. 

 

 

 

 

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