The courts act against river pollution near Chelsea

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Sadly no Thames or Worship Street cases were included in newspaper reports for the 16 June 1881. This is one of the perils of historical research, those in the past didn’t always leave us the information we require in the form we need it. As a result I had to chose between the 8 courts where proceedings were recorded.

At Greenwich there was drunk driving case which ended in a fine; at Southwark a ‘malicious burglar’ was committed for trial; Westminster Police court was exercised over the ‘cock-crowing nuisance’, while at Marlborough Street it was a case involving cruelty to a horse which attracted the attention of the reporter. At Clerkenwell the RSPCA successfully brought a prosecution against a man for possessing and ill-treating a starling.

Two other cases involved violence: Edward Cleverly was sentenced to six months hard labour for beating his wife, while at Lambeth George Herbert was sent for trail charged with attempting to murder Caroline Penman by cutting her throat. Herbert was later convicted at the Old Bailey and sent to prison for four months.

But it is the a different sort case that I have selected today, perhaps because in week in which the Thames and Worship Street courts have served up a depressing diet of domestic violence we need some relief from human cruelty. Not that I find this particular incident much less troubling, involving as it does the polluting of the Thames river.

Charles Bates, a Chelsea based contractors, was summoned before the Hammersmith magistrate accused of tipping waste into the Thames. He was specifically charged with ‘allowing road-sweepings’ to be swept into the river.

The case was brought by the Thames Conservancy, an organisation formed as a result of an act of parliament in 1857 (the year Victoria came to the throne). It looked after the river from 1857 to 1974 (losing some control, to the Port of London Authority in the early 1900s), when the Thames Water Authority took over.

Bates and two others had been seen by John Rough a river keeper, dumping mud from a barge into the water ‘instead of wheeling it onshore’. As Rough approached them they ran away. He gave chase and caught up with one man who said he was being paid 30s (about £70 today) to dump the unwanted soil from the streets.

In a separate incident a policeman testified to seeing another group of men on a barge of mud. He didn’t see them empty any of the cargo into the river (although clearly that had been taking place) but assumed it was because they had seen him coming and had fled.

A Mr Rye was named as the person paying for the mud to be dumped and he was produced in court. Rye denied everything and since there was little solid evidence against him, and because he seemingly sub contracted work from Bates he was let off. Bates however was fully convicted. The magistrate (Mr Shiel) noted that this was probably why such a useful piece of legislation had been passed and he fined Bates £10 plus 2cost for each offence, a total of £20 and 4(nearly £1,000).

[from The Standard, Thursday, June 16, 1881]

An angry husband waits up for a wife who comes home late, ‘exhibiting manifest symptoms of intoxication’.

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Hackney in the 1840s

There were plenty of assault cases heard before the professional police magistrates of London in the nineteenth century and it was rare for any of them to be pushed on up through the justice system. Most ended in a reconciliation between the warring parties, with apologies made, or were punished with a fine. In some cases, for example if the defendant did not have the money for  fine or the assault was deemed serious enough (or it was against the police) prison was used as a deterrent for future violence.

Assaults were generally perpetrated by men. Men fought other men outside pubs, and drink was often the catalyst. Men hit their wives (drink and jealousy, frustration, or dissatisfaction being the underlying causes) and women sometimes hit back. Most of this violence (at least that which reached the summary courts) was committed by working class Londoners on other working-class Londoners; appearances by the ‘respectable’ or ‘well-to-do’ while not entirely absent, were rare.

This is one such rare case, both because its protagonists were members of the lower middle class and one at least was an elderly man, not often the subject of assault accusations or counter-claims.

Thomas Wicher was a  ‘respectable’ master builder who had taken rooms at an address in Dalston, Hackney, East London. However, he didn’t live there most of the week, leaving that space for his wife, and only ‘occasionally’ sleeping there . Richer was an elderly man – at least that is how he was described by the court reporter that wrote up his case – and perhaps his wife was much younger. We can’t know that from the newspaper report but we can perhaps infer it.

The builder clearly entertained some suspicions  about his wife’s conduct, in particular involving a former friend of his called George Minor. Minor was a linen draper, another member of the capital’s growing middle classes. The men had known each other for years, indeed they had lived together and been ‘intimate’ in the past. I take this to mean that they were (or had been) close ‘chums’ at one stage. This friendship was about to be sorely tested, however.

Thomas Wicher, having as I’ve said, either having been tipped off or otherwise suspecting all was not right in his relationship with his wife, headed for her lodgings in Shrubland Grove, Dalston. He got there at 10 o’clock at night and was concerned when his servant told him that his wife was not at home.

Thomas waited in the parlour for her return in a ‘state of considerable agitation and anxiety’ until about one in the morning when he heard a hansom cab pull up. The builder opened his front door and went outside. He could see his wife ‘reclining in the back’ of the cab and then saw George Minor alight from the vehicle. Minor was ‘evidently surprised’ to see Wicher but ‘recovered himself’, smiled and offered him his hand to shake.

The builder refused the hand of friendship and instead went straight up the cab to look at the state of his wife, who was clearly quite drunk. In fact Mrs Wicher presented a ‘dreadful spectacle’:

Her ‘bonnet was crushed and broken, her hair and dress [were] in a most disordered condition, one of her ear-rings gone, and herself exhibiting manifest symptoms of intoxication’.

Wicher lifted his drunken wife from the cab and proceeded to carry her into their house, followed by Minor. The linen draper insisted on entering despite Wicher’s attempt to prevent him. The pair soon struggled and a fight broke out.

Minor alleged that his former friend now beat and hit him with great violence, striking his face and landing a blow on his chest which meant that he ‘spat blood for upwards of an hour afterwards’. Thomas Wicher was evidently in a jealous rage and had it not been for the intervention of a local policeman he may have caused more harm to the draper, and possibly his wife.

Fortunately he was arrested and presented at the Worship Street Police Court in Shoreditch on the following day. There, Mr D’Eyncourt  pronounced his doubt that he could deal with such a serious assault summarily, and bailed Wicher to appear at the Sessions of the Peace. The terms of the bail were set at £100 for himself, and two sureties of £50 each. Normally one would approach close friends or business associates as sureties, we can probably be fairly confident that Wicher didn’t ask George Minor.

I haven’t got around to matching up the sessions of the peace records with the summary courts yet, but after September (on the release of the Digital Panopticon project) I am hopeful that these will become available digitally, making that task a lot easier.

[from Reynolds’s Newspaper, Sunday, May 30, 1852]

A cabbie pushes his luck at Bow Street

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When Julius Beale hailed  a cab at Regent’s Circus at 1 in the morning it is fair to say he was a little the worse for drink. As the cab headed off towards his home in Gower Street, Beale fell asleep and didn’t wake until he was dimply aware of being outside his front door. While his head was clouded by the alcohol he had consumed he felt sure he’d paid the driver and made it up the stairs to his front door. However, as the cab pulled off he was suddenly aware that his watch – an expensive gold time piece – was missing. Assuming he had left it in the cab or it had been lifted while he slept, he ran after the vehicle. Eventually a passing policeman helped him stop the driver. The cab was searched and his watch and chain was discovered under the seat.

The next morning Beale, the policeman and the cab driver were all in the Bow Street Police Court where a charge of theft was brought against the driver, John Leggatt.

Having heard Beale’s evidence Leggatt’s lawyer, Mr Abrams, cross-examined the prosecutor.  Crucially of course he had been inebriated and therefore his testimony was fairly suspect at best. Could he really recall exactly what had happened? Had he in fact even paid the fare for his journey? An alternative scenario was presented in which Beale was actually running away from the cab driver who was demanding his money.

The policeman confirmed Beale’s account of the events but this didn’t include any evidence that Leggatt had stolen the watch or that Beale had paid him for the ride. It merely confirmed that the ‘cabman was driving away at a trot, pursued [it seemed] by the prosecutor’.

As far as Mr Henry, the Bow Street magistrate, was concerned there was not enough evidence either to convict Leggatt in a summary court or send him for jury trial. He concluded that:

 ‘the circumstances of the case were very suspicious, but drunken men sometimes did very strange things, and it was quite possible that the prosecutor might have put the watch and chain under the seat himself. At all events no jury would convict the prisoner on the evidence of a drunken man’.

And so he discharged him.

At this Abram decided to push his (or rather his client’s) luck. He said he hoped that Beale would now settle his fare. Mr Henry strongly advised Beale not to however. The cabbie had been driving away at a trot and this seemed suspicious if he hadn’t been paid. He should have at least have taken the man’s address and best practice would have been to drive him directly to the ‘station-house, that the [police] inspector might settle any dispute’.

The magistrate invited Mr Abrams to apply for a summons if he wished to take it further but he declined, given what he had heard from the justice. His client however, was much less easily dissuaded and did apply for one. Mr Henry told him he ‘could have the summons if he liked but it would probably not succeed, as he (Mr Henry) had very little doubt he had been paid’. Reflecting on this Leggatt chose to cut his losses and not spend his money on a summons that was doomed to fail.

Was Leggatt a thief? Possibly, or perhaps he saw the dropped watch and thought he’d take advantage of the windfall. Was Beale a fare-dodger? Again, how can we know that? In all likelihood he did pay or the cab driver would have pursued him on the night. The moral is probably don’t get into a cab when you’re drunk.

[from The Morning Post , Saturday, May 17, 1862]

Last night I went to a London Historians event at the Sir Christopher Hatton pub in Leather Lane where we were entertained by an excellent musician Henry Skewes (who set old ballads about convict transportation to music) and two fascinating talks on the history of crime. The first, by Dr Lucy Williams of Liverpool University, focused on the life of one woman convicted at the Old Bailey in 1876. Lucy, and the other speaker, Professor Tim Hitchcock of Sussex, are part of the Digital Panopticon project which is tracing the lives of those sentenced to exile in Australia after 1788.

Lucy uses the records of the courts, the census, and newspaper sources like these to track her ‘criminals’ through time and the findings of these long term project are already challenging what we understand about criminality and individual lives in the past. While I’m not part of the project my own work is already revealing how important it is to look outside the jury courts if we want to study criminality in the past. I started in the summary courts of the 18th century but have now moved on to this work on the 1800s, because here we seen a much better recording of crime and those involved in it. I will be presenting my academic version of this work in Liverpool, to the Digital Panopticon team, in September of this year.

 

The battle of the sexes claims another victim

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Victorian society is often described as one in which the sexes existed in ‘separate spheres’, with men occupying a ‘public’ space and women restricted to the home, or ‘private’ one. While this thesis works quite well for the women of the middle and upper classes it is less obviously true of the vast majority of the working class. Many working-class women worked and looked after the domestic environment. They were housewives, mothers and significant contributors to the family economy, and this often resulted in tensions at home.

Julia Bagot was one such women. She was married to Martin and they had several children. While Julia worked hard every day Martin Bagot had ‘done no work for 18 months’ and liked a drink with his mates. At home the domestic duties fell to Julia who was expected to undertake to keep her husband happy and fed while also performing the role of the family’s main breadwinner.

One evening in May 1884 she came home from work at 9 o’clock, tired and hungry. Her husband followed her through the door a few minutes later, drunk and belligerent. As he demanded tea she put a saucepan of water on the stove to boil and looked to the children.

One of her daughters had no clean clothes to wear for school the next day and when she pressed Martin about this he told her he had pawned them (presumably to get the money he needed for beer). An argument ensued, a ‘few high words were exchanged’, before the affair escalated and Martin seized the pan of water and threw the contents at his wife.

Julia’s face was scalded by the almost boiling liquid and she was temporarily blinded in one eye. Mrs Bagot was taken to the hospital where her wounds were dressed but the doctors feared that she might permanently lose the sight in her eye. The next morning the pair were in the Clerkenwell Police court with Martin facing a charge of assault and wounding. One of his children gave evidence against him and the injuries she had suffered were all too apparent, her head and face being largely wrapped up in bandages.

The magistrate remanded Martin Bagot in custody to see how his wife’s condition developed over the next few days. The papers don’t tell us whether Julia recovered or what punishment the Clerkenwell justice decided to meet out to Bagot. However, while he might have faced a fine or a spell of weeks or months in prison neither would have helped Julia much. Nursing a serious injury and potential crippled for life a women in her forties or fifties (Martin was 54) as she was would find it hard to continue working. With her husband unemployed and with several mouths to feed the outlook for the Bagot family was bleak, if not desperate.

The workhouse loomed large in the lives of the working poor of Victorian London and sadly, it was probably the family’s next destination. There they would be compelled to live in ‘separate spheres’, him on the male side, her on the female.

[from The Morning Post, Thursday, May 15, 1884]

A vociferous campaigner against alcoholism is treated gently at Clerkenwell

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As a crowd gathered around a speaker at Packington Street, Islington, one Sunday in 1866 the police felt obliged to intervene. It wasn’t the first time that William Henry Edwards had been at the centre of a furore; he had been standing on his soap box in Islington for the past two month’s of Sundays.

Edwards was a tarpaulin maker by trade but his actions had nothing to do with his profession. He had taken it upon himself to publicly condemn what he saw as one of the scourges of Victorian society – the over consumption of cheap alcohol. He described drunkenness as an societal ‘evil’; claiming also that ‘our prisons were filled through drink’. Edwards was a member of the Temperance Movement that grew to prominence in the mid to late 1800s, and like many a lay preacher in the Victorian age (and since)  he was prepared to take his message to the streets.

Men like William Edwards advocated abstinence from all forms of alcohol and while the middle classes also enjoyed a ‘tipple’ the movement was clearly aimed at the urban poor and working class who were seen to be the worst offenders, and the main victims of alcoholism. The police courts were full of drunk and disorderly people because the police cleared them off the streets at night and dragged the before the justices in the morning. Drunkenness then was a failing of the working man and woman, a failing that manifested itself in public.

On Sunday 25 March 1866 the police who moved in to the clear the obstruction on Packington Street found Edwards ‘standing on a chair, singing’. Having thus assembled a crowd about him he then swiftly warmed to his theme of temperance, and refused to stop and go away when the officers asked him to.

As the crowd grew the police again invited him to step down but again he insisted on continuing and by this time many people were arguing with him, while his supporters cheered his words. He was quickly becoming a nuisance and so the police were forced to arrest him and take him to the nearest police station.

When he appeared in the Clerkenwell Police court two days later he was unrepentant; because of the social problem of drink and drunken behaviour (and the effects this had on family budgets, tempers and so the persons of many working-class wives and partners) he felt justified in ‘holding open-air meetings on the subject’.

As for causing an obstruction (and that was the charge laid against him) he had, he told the magistrate, made all efforts to ask his audience to stand to one side so pedestrians could pass by. Today Packington Street is a through road that leads to the busy Essex Road, but the houses on it (smart Victorian terraces) suggest that in the 1860s this was a wide street which may have carried considerable local traffic.

The police, in the person of Inspector Wiseman, argued that while it wasn’t Edwards himself that was causing the obstruction he was responsible for the crowd of well-wishers and nay-sayers that had surrounded him. It was happening on such a regular basis, Wiseman continued, as to have become a nuisance even if that wasn’t the preacher’s intention.

Edwards apologised and said he would certainly ‘not go there again if it was wrong’. Mr Barker, the magistrate, told him that he had committed an offence which carried a potential fine of £5 but he would not, on this occasion, impose it. However, if he appeared before him again he could expect the full weight of the law to fall upon him.

Mr Edwards ‘thanked his Worship’ and left with his supporters. The cause of Temperance had been highlighted in the newspapers, and that, perhaps, was part of his strategy.

[from The Morning Post, Tuesday, March 27, 1866]

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. 

 

 

 

 

A native of Merthyr is berated at Bow Street

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Merthyr Tydfil in the mid 1800s

I have been writing about the London Police courts for nearly a year, looking at a different case every day. Additionally I have also spent several weeks in the London Metropolitan Archive near Farringdon which holds the official records of these summary courts. Sadly very little archival material survives; at Bow Street, for example, there are only records from the 1890s onwards – most of the earlier material being lost or destroyed).

The best kept records are the the two sets of registers for Thames Police Court, which run from 1881 and cover the late summer and autumn of 1888 when ‘Jack the Riper’ terrorised the East End. The registers contain useful information for the historian: names of defendants, their ages, gender, the offence with which they were charged, the police officer that brought the to court, and the complainant (if that wasn’t the policeman). We also have an outcome; the adjudication of the sitting magistrate.

I spoke at the Ripperologist’s 21st birthday conference in Algdate last year, where I outlined the functions of the police courts and the role they performed; hopefully later this year I will be ready to provide a more detailed analysis based on the research I have been doing.

At this stage in my research I have almost completed a detailed analysis of the registers at Thames for 1881 and can begin to share some of my findings. It will probably come as no surprise to historians of crime and professionals working in policing, social work or probation, to read that many of those brought into Thames were charged with an alcohol related offence. This might be drunk and disorderly, drunk and using obscene language, drunk and assaulting a policeman, or many other combinations – all involving some form of drunkenness with disorderly behaviour.

These were also the cases that mostly came up first in the registers, so I am imagining that the cells were cleared of those held overnight before the ‘day charges’ or the ‘remands’ (usually more serious offences) were brought in.

The registers provide us with plenty of information. For example, in the 1881 register for the 16 March there are 9 people charge with some variety of disorderly behaviour (one as ‘incapable’, three with violence) 8 of whom are women and one man, William Ethridge. The justice, Mr Saunders, either fined them or sent them to prison for a short period of hard labour. Those fined either paid or risked being incarcerated like the others.

However, despite this information we don’t know the circumstances or detail of their crimes, for that we can only hope to find them in the newspapers, which reported selective cases more descriptively. So today’s case is one of those common drink related ones; a man brought before the courts for being drunk and disorderly.

Timothy McCarthy was a migrant worker. He had travelled from his native Merthyr Tydvil [sic] in Wales in search of work. He told the Bow Street magistrate that there was no work at home and no poor relief either; ‘it was no use stopping there’.

However, it wasn’t that much better in London but he had met with some of his fellow countrymen, who, like him, were out of work, and they had some ‘jollification’. The result was that he was arrested for being drunk on the streets. Fortunately he was bailed rather than being locked up and set at liberty. Unfortunately he chose to carry on drinking as soon as he was liberated.

The magistrate was unimpressed to have him back in court. He turned to the Welshman and said: ‘I know something of Merthyr, and if you were charged with drunkenness there you would be fined 10s costs plus the penalty imposed on you for the offence’.

McCarthy admitted that this was true.

The magistarte admonished him for replaying the ‘indulgence’ of the court in releasing him by offending straight away adding, ‘indeed, you are hardly sober now’. He continued:

 ‘To me it is a matter of wonderment always that you men who say you cannot get work can invariably find the means of getting drunk’. A presumably shamefaced McCarthy meekly responded that ‘it is friends as treat us’, before he was instructed to pay a 3s fine or go to prison for 3 days.

[from The Morning Post, Tuesday, March 12, 1878]