One man’s complaint reveals ‘considerable excitement’ about the trade in pauper bodies at Lambeth

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In December 1857 a poor man appeared at the Lambeth Police court to ask the magistrate’s advice. In November his elderly sister was so sick with consumption (TB as we know know it) she was ordered to be admitted to the sick ward at the Newington workhouse. There, on the 3 December, she died.

Before she died she had begged her friends and family to give her a decent burial because rumours were swirling around the parish about what happened to the bodies of those that died inside the ‘house.

The next day her husband and friends presented themselves at the workhouse to collect her but she was ‘nowhere to be found’. They asked the undertaker there, and all he could tell them was she had been buried by mistake the body mistaken for that of another pauper, a Mr Bazely. Deeply unsatisfied, and understandably upset, they decided to pursue the matter with Mr Norton at Lambeth.

A local parish constable named Cook was called to give evidence of local practice. He told the court that the workhouse master ‘had been in the habit of disposing of the bodies of deceased paupers for anatomical purposes’. This had caused ‘considerable excitement’ amongst the poor of the parish’.

‘Persons who supposed they were following a deceased relative or friend to the grave not infrequently followed  perfect stranger, brought from other parishes, while that over which they supposed they were mourning had been disposed of in a  different way; and the thought of such deception created great dissatisfaction’.

Cook’s evidence was damning and must have been shocking to the reading public. Dr Elizabeth Hurren (at Leicester University) has demonstrated that there was a lively trade in the bodies of the poor in Victorian England after the the passing of the Poor Law Amendment Act in 1834. Elizabeth has also suggested that the Whitechapel murders of 1888 may well be connected to this dark history in London. The trade was exposed by a series of articles in the popular press leading, as Hurren explains, to the arrest and prosecution of Albert (or Alfred) Feist at the Old Bailey in May 1858. Feist had broken the terms of the Anatomy Act (1832) which had prohibited the sale of dead bodies for profit. That act had been the government’s reaction to the illegal trade in the dead which was exposed by the Burke and Hare murders in Edinburgh and that of the ‘Italian boy’ in London in 1831.

Feist was convicted but sentence was reserved. The case then went for review and he was subsequently acquitted. The use of pauper bodies for the training of surgeons was legal under the Anatomy Act but the practice was effetely concealed from the public and, most importantly, from the poor themselves. As Hurren’s work show:

‘Summaries of the Anatomy Act, just like the New Poor Law, were supposed to be available to the poor, pinned on walls in places they might congregate. However, in such pieces of legislation, the word “dissection” itself was often concealed behind that of “anatomical examination”.’*

The families of paupers were often unaware of what had happened or unable to do anything about it afterwards. The pressure of finding enough body parts to train all the new doctors increased after 1858 when legislation required that all medical students must study anatomy for two years. Whole bodies were now routinely cut up into their composite parts so students could practice, explore and understand.

It must have made grim reading over breakfast and supper and its interesting to see the story unfold within the reportage of the summary courts. At Lambeth Mr Norton told the complainant that the workhouse master (who was of course Mr Feist) had been guilty of a misdemeanour in allowing his sister’s body to be buried so quickly after death. He was required, by law, to keep it for 48 hours so the family could arrange a funeral themselves. He told him he was happy to issue a summons.

As we now know Alfred Feist would face trial for this and a total of 62 other instances of supplying dead pauper bodies for the anatomy trade. In the end of course he, and his accomplice in the trade – the undertaker Robert Hogg – escaped scot free. Hurren estimates that a staggering 125,000 pauper bodies were sold in the Victorian period to benefit the study of medicine.

Poor lives didn’t matter in the 1800s but the reading public didn’t really want to be reminded of that too often. The exposure of the body trade, like the scandals surrounding the treatment of paupers in the Andover workhouse in 1845-6 reminded society of the harsh realities of being poor in Victoria’s Britain in perhaps a similar way that the tragedy at Grenfell Tower has caused a considerable amount of soul searching this year. Ultimately, it seems, even today poor lives don’t matter as much as rich ones.

[from The Morning Chronicle, Wednesday, December 16, 1857]

*Review by Laurence Talairach-VielmasElizabeth T. Hurren, Dying for Victorian Medicine: English Anatomy and Its Trade in the Dead Poor, c. 1834–1929, in Miranda [http://journals.openedition.org/miranda/4586] accessed 16/12/17

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An appeal to the Lord Mayor so ‘that one of the few holidays in this country would not be lost’. Some pre-Christmas cheer at Mansion House

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Before I became an academic historian I worked mostly in retail. I enjoyed the busy Christmas period but it has to be said that shopkeepers and shop staff work extremely hard for very little pay and hardly any time off. Most of us that are lucky enough to work in education will get at least a week’s downtime over Christmas and probably quite a bit more.

This is because schools and universities close down between Christmas and New Year and there is no teaching at my place for three weeks. I will use some of this time for marking, preparation and research but will also have a week’s proper holiday as well. Contrast this with the 15 years I worked in a variety of shops when I would work till 5 or 6 on Christmas Eve and be back in on the 27 December and sometimes even on Boxing Day.

Indeed Boxing Day has almost ceased to be a day off for many workers. Traditionally Boxing Day was a time when we rewarded servants and tradespeople for their service over the past year in a custom that stretched back to the 17th century at least. Now many if not most shops open their doors at 9 am so that the British public can start to spend the vouchers and money their relatives have given them for Christmas, or exchange their unwanted presents and ill-fitting clothes.

It seems that even in mid Victorian period there was some recognition that workers needed some proper time off. In 1842 an organisation was formed to campaign for an end to Sunday trading and to regulate shop opening times. From the evidence I see in these newspapers reports, shops in London opened all hours in the 1800s, you could walk into a grocers, or haberdashery, or a cheese shop anytime from early morning to almost midnight. In fact nineteenth-century London looks a lot more like twenty-first century London than does it resemble the city of my youth.

In December 1859 a deputation from the Early Closing Association appeared at Mansion House Police Court to ask for the Lord Mayor’s support. In 1859 Christmas Day fell on a Sunday. Given that the 25 December was observed as a holiday the Association were worried that the ‘toiling classes’ would miss out on an extra holiday this year.

Mr Lilwall and Mr Winkworth (secretary and vice president respectively) reminded the Lord Mayor that in 1857 the then incumbent chief magistrate had issued a recommended that Boxing Day be observed as a public holiday. Shops and other businesses had taken up the idea and it had even been adopted by mayors across the country. The result was that shop workers, clerks, and all manner of the ‘industrial classes’ got a proper holiday from Saturday afternoon through to Tuesday morning on the 27th.

The Association urged this Lord Mayor to follow suit and urge businesses to adopt the holiday. It was hard, they said, for individual tradesmen to grant an extra day of leave and close their shops because they didn’t know what the competition was doing. It needed a voice of authority to make a declaration.

The Lord Mayor agreed with the deputation from the Association but it wasn’t sure he had either the power or the influence to instigate a holiday in London, let alone elsewhere.

But he was certainly happy to publicly ‘express his hope that the tradesmen and merchants of the city, and the bankers, as far as they possibly could, would close their establishments on the 26th inst. and so give an opportunity for rational and recreative enjoyment to those in their employ’.

He hoped that this would mean that Christmas, as one of the ‘few holidays which were generally observed in this country would not be lost’.

The Early Closing Association continued it campaign throughout the nineteenth century and into the twentieth. It took them until 1912 to achieve part of their aim, half-day closing. Some of you might remember when shops would close early on a weekday and many will recall that until the 1990s Sunday opening was rare. Nowadays shops open Sundays, all week long, from 8 to 8 and later, and some big stores are open 24/7.

Spare a thought then for those that have to man the tills and restock the shelves over the bus Christmas period who work even harder than they normally have to. They need a rest just as much (if not more) than everyone else. Perhaps its time that we made Boxing Day a proper national holiday, with all shops closing for the day. After all, do we really need ‘retail therapy’ on the morning after Christmas?

[from The Morning Chronicle, Friday, December 9, 1859]

Mindless male violence in Bermondsey?

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Victorian Bermondsey

Sometimes even when you have a full trial account at Old Bailey in addition to the initial report of a pre-trial hearing before a Police Court magistrate it is hard to work out what happened. Ultimately this is often because there were contested narratives and a lack of hard evidence.

Let’s take this case, from December 1856, as an example.

On Thursday 4 December three men were presented before the sitting justice at Southwark charged with attempted murder. Richard Burchall, Abraham Burchall (his brother) and Patrick Ryan were accused of beating and stabbing Patrick Griffin and almost causing his death. The incident had occurred back in late October that year but Griffin’s injuries were so severe that he had been unable to attend court before this time.

At Southwark the court was told, by Edmund Valentine (the house surgeon at Guy’s Hospital) that Griffin had been brought in just after 11 at night on a police stretcher.

‘He was under the influence of liquor and his left side was besmeared with blood. On being undressed’ [Valentine] ‘discovered that he had been stabbed on the left side, between the eight and ninth rib’. The wound was an inch long and two inches deep and ‘matter [was flowing] from it like vomit’.

Once he was sufficiently well enough to identify his attackers Griffin pointed the finger at the men now occupying the Southwark dock. He also managed to identify a ‘black-handled clasp knife’ as the weapon that had been used against him.

On this evidence (and that already heard by a number of witnesses at previous hearings) the tree men were committed for trial at the Bailey.

The case came up on the 15 December (there was a much quicker turn around in the Victorian justice system than there is today) where two barristers (Mr J. W. Payne for the prosecution , and Mr Lilley for the defence) conducted matters.

However, what actually occurred that night in late October is far from clear. Patrick Griffin and his brother John had visited the Burchalls’ house on what appears to be a mission for revenge. Some weeks earlier Richard (or Dick) Burchall had beaten up John Griffin and now the brothers wanted to ‘pay him out’ for it.

Before they went however, they paid a visit to a local beer shop or pub (or both) and drank four or five pots of beer between them. They claimed not to be drunk but they were certainly under the influence. Fueled with ‘dutch courage’ they set off to seek their vengeance on the Burchalls.

When they reached the house they apparently got no reply at first and so may have knocked a little louder. According to the defendants version of events the brothers’ shouted abuse, threats and hammered on the door. It was late at night and with two drunken young men calling the odds outside their house it is not surprising that Richard Burchall and his brother came out ready for a fight.

Both Patrick and John were attacked as a fracas ensued; a brick was thrown and hit Patrick Griffin in the head and eye and he went down. He received a sharp kick in his backside and and someone (possibly Dick Burchall) stabbed him with a knife.

At that point it all became something of a blur and so the idea that either Griffin could really describe what went on is somewhat fanciful. A policeman arrived (though no one could be sure who’d called him) and he found John cradling his brother and kissing his head – he believed he was dead or mortally wounded. The Burchalls and Ryan were arrested and Griffin taken to hospital as the surgeon had testified.

In the end the jury were just as confused as the modern reader is and acquitted the threesome as charged. Clearly Griffin had been stabbed but who knows what he might have done had he got his retaliation in first, so to speak. It was a confusing and confused case of drink fueled male violence between young working-class men in a Bermondsey street, nothing remarkable and sadly quite in character with this rough part of the capital in the mid 1800s.

[from The Morning Chronicle , Friday, December 5, 1856]

A pair of well-read rogues at the Mansion House

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The New Police (created in London in 1829) spent most of their time on patrol. They were tasked with knowing their beat inside out; all the locals, shops, warehouses and dwellings while keeping an eye out for suspicious characters, open windows and broken locks. The aim of the police was crime prevention and deterrence and in this they were a ‘modern’ extension of the old watchmen of early modern and eighteenth-century London.

One of these new ‘Peelers’ (after Sir Robert Peel, the home secretary that created them) was walking his beat on Liverpool Street in early December 1851 when he noticed two men acting suspiciously. One seemed to be trying to hide something under his coat while the other glanced about, as if checking whether anyone had seen them.

Perhaps noticing the policeman they turned into a street and the ‘bobby’ (another nickname derived from Peel) watched as one stopped and trued to time a pair of books up with a piece of string.  The officer (named in the newspaper report) approached and stopped them and asked what they were doing.

The men, Henry Robinson and Henry Hamper, said they had been given the books by a beer-shop owner to take to a pawn shop on her behalf. The books in question were two volumes of the Waverley Novels by Sir Walter Scott. They were ‘elegantly bound’ and the policeman was unconvinced by the pair’s explanation.

It wasn’t hard to trace the beer shop owner, who doubled as the men’s landlady, and she and the would-be thieves all appeared at the Mansion House in front of the Lord Mayor. She explained that she had bought the books at £1 8 a volume and had a set of them.  There were a lot of the Waverley novels, published by Scott (anonymously at first) from 1814 to 1831. The novels (which included Ivanhoe, a work I have at home) were extremely popular with readers in the nineteenth century. The landlady’s set must have been worth quite a bit, as just one of them would be the equivalent of about £80 today.

In recent weeks she’d found that four of the books had been stolen from the trunk she kept them in. When challenged in court one of the Henrys admitted taking two books out of the trunk and selling them in Petticoat Lane for 5s, a fraction of their value.

The Lord Mayor chose not to send them for trial before a jury, possibly because the evidence was not as concrete as it might be. A jury might not be convinced that both of them had taken the items or that they hadn’t simply found them. Better then to use his summary powers and convict them as ‘rogues and vagabonds’ which required much less of a burden of proof. He sent them to prison for two months.

Sadly I don’t think they were allowed to take the books with them as reading matter.

[from The Morning Post , Tuesday, December 02, 1851]

A Frenchman’s ‘foolish frolic’ in Wardour Street

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Part of the role of a Police Court magistrate in Victorian London was to determine whether cases that came before them ought to be sent up through the justice system. Much of the ‘crime’ they dealt with was petty, but far from all of it was. The magistrate was often the first stop in a longer process of prosecution; he heard the initial case put by the police (or a private individual) and decided if it required to be heard by a judge and jury.

The magistrate had quite considerable summary powers (the ability to sit in judgement on prisoners alone and without a jury) and these increased after the implementation of the Summary Jurisdiction Act (1855). Nearly all juvenile crime and a growing amount of petty theft, non fatal violence, and a huge variety of disorderly and anti-social behaviour was left to these law men.

Today’s case is an example of a justice having to decide whether he was going to deal with something himself, as a minor offence, or whether he felt it was serious enough to warrant a jury trial at the Middlesex Sessions or the Old Bailey.

Mr Bingham was presiding over a number of cases on a cold Monday morning in November 1851. He might have preferred to have been taking in the sights at the Great Exhibition which was in full swing at the time. Sadly for him, a steady stream of drunks, vagrants, petty thieves and wife-beaters demanded his attention instead.

At least Theodore Guibelei offered some light relief and a touch of continental sparkle to his morning of deliberation. Guibelei (most probably a Frenchman) was initially charged with theft by the policeman that brought him into Mr Bingham’s courtroom.

PC Martin (C68) deposed that he had found his man knocking at doors on Wardour Street in the early hours of Sunday morning. It was about 2am and so this strange behaviour attracted the attention of the beat ‘bobby’. As Guibelei left the doorstep on No. 43 PC Martin stopped him. Clearly unhappy with whatever response the Frenchman have the constable asked him to accompany him back to the door he’d just left.

It was then that PC Martin saw that the house’s door knocker had been wrenched off completely. Assuming that it was an accident or a prank the officer demanded that Guibelei raise the occupants of the house so that he could ‘square the matter’ with them (in other words apologise for the damage and offer to pay to repair it).

When the man refused he was arrested and taken to the nearest police station. On being searched two knockers were discovered, and it was found that the other belonged to a house in Princes Street. As a result Guibelei was charged with theft and damage.

In court the justice had to make a decision. Was the man a thief or some sort of prankster or nuisance? It mattered because if he sent him for trial for theft there was a very real risk that, if convicted, he could go to prison or worse. In court Guibelei had support from a ‘professional person’.

He told Mr Bingham that his friend was no thief and there was no ‘animo furandi’ [no intent to steal] on his part. It was all just a ‘foolish frolic’. And the magistrate chose to believe him. He said he would deal with there and then and fined him £3 plus £1 in damages for each door knocker. The Frenchman paid the money and left a free man.

Perhaps because of the class of the defendant or his representative, or maybe b

 

[from The Morning Post, Tuesday, November 25, 1851]

A City Road ‘Fagin’ gets away with it

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We are all probably familiar with the character of Fagin, created by Charles Dickens as the central villain of Oliver Twist. Fagin is a receiver of stolen goods, who trains a gang of juvenile thieves (led by the Artful Dodger) to go out and pick the pockets of unwary Londoners. In his ‘den’ the boys bring him the proceeds of their escapades in the form of hundreds of silk handkerchiefs, pocket books (wallets) and watches and chains.

Fagin was a fictional character of course, he didn’t actually exist. But Dickens was very familiar with the Police Courts (he had reported from them as a journalist before he became famous) and he had probably seen plenty of ‘Fagin’ in his time. Fagin was a ‘fence’, a receiver of stolen goods, and may even have been based on a real life Jewish criminal called Ikey Solomons.

In 1854 a man named Mark Isaacs appeared at the Worship Street Police Court in Shoreditch. He had ben remanded in custody a few days later on a charge of receiving ‘£50 worth of silk damask’ a high value material belonging to a wholesale upholsterer based in the City Road.

The upholsterer, a Mr Thomas Farnham, had ordered the material especially and had taken delivery in late September and had locked it in a closet. Within two days it had gone, stolen it seems by a person or persons unknown. However, a month later it resurfaced, being offered for sale – by Isaacs – to an auctioneer in St. Paul’s Churchyard at 4s a yard.

At the sale – which Farnham was soon made aware of – Isaacs (and another man) told the purchaser (Mr Barnes) that he had bought the cloth from Debenham and Storrs, who traded from King Street, Covent Garden (and are the ancestors of the modern Debenhams who still exist today). It was a lie of course, they were trading in stolen goods, the problem Farnham had was in proving it.

However, Mr Barnes was in on the act. He was working with Farnham and carefully paid for the cloth with a crossed cheque. This meant that Isaacs would have to pay it into a bank, he couldn’t change it up for cash and this allowed the police investigation to trace him.

Isaacs was apprehend by the police and inspector Brennan of the met asked him where he had got the damask. Isaacs told him that he’d bought it off a man named Vann who had since gone to America.

How convenient.

Another witness at Worship Street recognised Isaacs as the brother of a man he knew called Coleman Isaacs, who had been hawking samples of silk damask at the City of London Theatre. Faced with what appeared to be mounting and damning evidence the magistrate committed him for trial.

Isaacs appeared at the Old Bailey on 27 November but was accused of theft, not receiving. Perhaps this was a mistake on the prosecution’s part. It was very hard to prove, beyond reasonable doubt, that Isaacs had stolen the goods that he said he had legitimately purchased from Mr Vann. The case was short and the jury were unconvinced. Mr Isaacs was acquitted and Mr Farnham left with justice or his 184 yards of silk.

[from The Morning Post, Wednesday, November 15, 1854]

A brutal husband is saved by his terrified wife

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This week my masters students at the University of Northampton will be looking at the subject of domestic violence. This 14 week module concentrates on Violence and the Law and we discuss all forms of violence (including state violence inflicted as punishment). Historians and criminologists have shown that, in history, the vast majority of all violent crime (homicide, assault, wounding, and robbery) was committed by men.

It is also true that the most likely relationship between murderer and victim was domestic or at least involved parties that were known to each other. Despite the concentration of ‘true crime’ histories and television dramas on ‘stranger’ murders, the reality was (and is) that most people know the people that injure or kill them.

Many of the domestic murders that were eventually prosecuted at the Old Bailey in the nineteenth century started their journey in the summary courts. Moreover, these courts heard countless incidents of male violence towards their wives and partners, some of which may well have been steps on the way to a later homicide. Working-class women in the victorian period put up with a considerable amount of abuse before they went to law since the consequences of involving the police or magistracy could make a bad situation worse.

Several of the  Police Magistrates who wrote about their careers expressed their frustration at the abused wives who continually summoned their spouses for their violence only to forgive them or plead for leniency when they appeared in court. This is one such example of the almost impossible situation some married found themselves in in the 1800s.

William Collins was described as a ‘powerful and ruffianly-looking fellow’ when he stood in the dock at Lambeth before Mr Norton. His wife, Elizabeth, was unable to appear at first, so injured was she by her husband’s violence. In her place the constable dealing with the case told the magistrate what had happened.

He explained that he was called to a house in Caroline Place, Walworth Road where the couple lived. He found Elizabeth ‘in her night dress, with two or three deep wounds on her arms and one on her chest, from each of which the blood was streaming’.

Collins had apparently attacked his wife with a broken wine bottle, ripping her flesh with the jagged edges of the glass. The PC arrested Collins and put Elizabeth in a cab so she could be taken to hospital to have her wounds dressed. The court heard from the surgeon that treated her that she was ‘within a hair’s breath’ of dying from her wounds; fortunately for her the cuts had avoided any major organs.

The constable reported that when he had gone to fetch Mrs Collins to appear he was unable to find her and believed she was unlikely to press the case against her husband. Mr Norton chose to remand Collins in custody until Elizabeth could be found and encouraged to appear.

A few hours later she did come to court, but was clearly (the paper reported) ‘under great terror of the prisoner’. To no one’s surprise despite the horrific attack Collins had inflicted on her she ‘used every possible effort to get her husband off’. The magistrate was hamstring by her reaction and did as much as he could to help her by bailing Collins to appear ‘on a future day’.

He was presumably hoping that this brush with the law would serve as  session to the man, effectively warning him that if he hurt Elizabeth again in the meantime he would face the full force of the law. Sadly, I doubt this would have had much, if any affect on someone who was prepared to slash his wife with such casual cruelty.

[from The Morning Chronicle, Monday, November 5, 1855]

Since it is November 5th, ‘bonfire night’, you might enjoy this blog post I wrote for our ‘Historians at Northampton’ blog site which looks at the BBC drama series about the Gunpowder Plot.