‘Well, I’m sure, if a man acts bad once in his life, he never gets over it’, complains a young member of the ‘swell mob’.

the_new_cut_at_evening

One of the key themes that is emerging from the Digital Panopticon conference in Liverpool (where I am at the moment) is the critical importance of being identified as someone with previous criminal convictions, however petty. In the nineteenth century the British state’s ability to track ‘known offenders’ increased and while defendants might try to avoid being recognised as such (by offering a false name or denying being convicted previously) the arrival of professional police forces and a more bureaucratic justice system gradually entrapped the late Victorian and Edwardian offender in ways that his or her Georgian ancestors might have escaped.

The police and magistracy were important agents in this process as the summary courts of London (the police magistrate courts) were the arenas were criminal careers were established. We can illustrate this in the case on on young man who was brought before the Mansion House in September 1839, the year that the nomenclature of ‘police magistrate’ was official established.

William Jones was reported to be a ‘notorious pickpocket’ when he appeared before Sir Peter Laurie in the City of London’s premier magistrate court. Sir Peter, who later served as Lord Mayor was sitting in on this occasion for the incumbent office holder, Sir Chapman Marshall. The Charter‘s reporter recorded that William was:

‘One of those well-dressed thieves whose appearance never excites attention’.

In other words William blended in with the crowds in central London which enabled him to get close to his victims and get away without being noticed. On this occasion however, he had not been so lucky and had been arrested by a City police officer.

Whilst the PC was taking Jones and another suspected thief into custody however, he managed to slip his custodian and escape. His bid for freedom didn’t last long though, being ‘known to the police’ meant that William was soon tracked down to a well-known haunt of his, a public house associated with local criminals.

He was brought before the Sir Peter at Mansion House charged, it seems, with running away from the policeman. The magistrate asked him what he had to say for himself.

‘I couldn’t help running away’, William told the alderman, adding: ‘It was my business to run away if I could. It was the officer’s business to prevent it’.

‘But you know it is an offence to make an escape from an officer?’ he was asked.

‘Please you, my Lord, if you were in my place wouldn’t you try to get away yourself? I’m blessed if you jist [sic] wouldn’t’.

Sir Peter turned to the collection of police officers gathered in the court and declared: ‘I suppose this young man is well known?’

This was confirmed by the police who said he was known for ‘constantly parading about the streets with other well-dressed thieves, and sometimes thieves of the other sex’. This sounds to be very like a description of the so-called ‘swell mob’ described by Dickens and many others as a mid nineteenth-century phenomenon.

William knew what was coming; even though he had not been convicted of a crime as such (he was not charged with theft from the person for example) his mere association with the ‘swell mob’ and identification as a local thief meant he could expect to be sent to prison as a suspected criminal.

‘Aint a body to go to draw a breath of air on a warm day but he must be pulled [i.e. arrested] for it?’ William complained. ‘Well, I’m, sure, if a man acts bad once in his life, he never gets over it’.

And of course this was true, lads like William Jones were in and out of the justice system over the course of their (often short) lives being arrested on suspicion, prosecuted for petty thefts, being fined, imprisoned (often by default of not having the money to pay the fine), and then progressing to more serious crime and, ergo, longer prison terms. Before the late 1850s many might have ended up being transported to Australia or, later, serving long periods of penal servitude in a convict prison. After 1869 the habitual offenders register dogged the footsteps of convicted felons and eventually photography and then fingerprints (from the early 1900s) made it even harder for those caught up in the justice system to ‘go straight’ and avoid future convictions.

Sir Peter sent William Jones to the City Bridewell, or house of correction, telling him (and the newspaper’s readership) that ‘this shows the value of never having acted dishonestly’. This of course was a luxury young men like William could hardly afford growing up poor in an unforgiving city like London.

Several of the historians gathered for the Digital Panopticon launch have made the point that history has a lot to say about recidivism and the ‘making’ of a criminal. The ‘convict stain’ and the albatross of previous convictions made (indeed continue to make) it hard for those who make one or two mistakes in life to get back on track. Sadly, policy makers today don’t seem to want to listen to the evidence of history.

[from The Charter , Sunday, September 15, 1839]

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A career in crime looks inevitable for a young servant that could not resit temptation

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William Luker, The Mansion House Police Court, (c.1891)

Sometimes, in order to understand exactly what is going on in a historical courtroom (like the Mansion House Police Court in 1866) we need to have some clarity about which laws were in operation and being utilised. That isn’t always easy because laws were amended and new rules superseded them. It is also often the case with the history of crime that the practice of those applying the law (in this case the Police Court magistrates of London) preceded that of lawmakers rather than following it.

In September 1866 Mary Ann Goodchild, ‘a young girl’ of 18 and a domestic servant, was brought before the Lord Mayor and Alderman Abbis in the City of London to answer a charge of theft. Mary Ann was accused of stealing face sovereigns from her master, Noah Aaron.

This was a serious offence, one worthy of a criminal trial before a jury and the possibility (if convicted) of a long prison sentence. However, the defendant was young, female and, crucially, prepared to admit to her crime.

The court was told that Noah Aaron, a general dealer who worked out of a property named Roper’s Buildings, had placed 44 sovereigns in a drawer in his bedroom. Sometime later he counted them and found that the money was short by £5. His suspicions immediately fell on Mary Ann because only she and his wife had access to the room.

The servants were the business of Mrs Aaron so when her husband told her what had happened she confronted Mary Ann with it. Having tried and failed to deny the charge Mary Ann admitted it but pleaded with Mrs Aaron not to ‘do anything with her’. Whether she hoped that this would not lead to a court case or was simply desperate to keep her position is not made clear, but having confessed she clearly hoped for some leniency from her employers.

Mrs Aaron would give her no such assurance and so Mary Ann was forced to give more information about the missing money. She said she had given it to another woman, Alice Alexander, ‘who she said had out her up to it’. In court at Mansion House Alexander was produced but denied all knowledge of the crime (as well she might). Mary Ann was left high and dry.

Since she had confessed to the theft Mary Ann was able to opt to be dealt with summarily. Under the terms of the Criminal Justice Act (1855) magistrates were able to deal with cases of theft up to the value of 5 shillings without sending it on to a jury so long as the accused consented. If the defendant pleaded guilty then the theft of goods over 5s came under the power of the magistracy. In 1879 the basic requirement was raided from 5s to £2 as the summary courts began the main tribunal for hearing nearly all small-scale property crime in the capital.

Mary Ann was dealt with under legislation that was initially intended to speed up the process of justice in London and to  keep the higher court clear of petty offenders. She was young and the summary jurisdiction acts were aimed at young offenders (albeit a little younger than she was).

The Lord Mayor sent Mary Ann to prison for four months, a fairly lenient sentence in the context of Victorian punishments but she was probably a first offender, again a factor that was at the heart of legislation that extended the summary jurisdiction of magistrates in the 1800s.

It hardly mattered to Mary Ann however. Having lost her job and without references, with her character therefore ruined and a criminal record added to her CV she was unlikely to find legitimate work in the future. When it launches later this week the Digital Panopticon project may allow us to find out whether Mary Ann managed to make it back to the straight and narrow or descended into a ‘career’ in criminality.

[from The Morning Post, Monday, September 11, 1865]

A morbid request for a reward reminds London of the Princess Alice disaster

 

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For those of you following this blog regularly and especially this week I hope you can see that I have tried to follow the ‘doings’ of the Thames Police Court for a whole week. Due the selective reporting of the courts however, this has not proved possible. I had hoped to be able to follow a couple of remanded cases, to see them reappear with some conclusion reached, but sadly this hasn’t happened. It all helps me understand though, just how selective the reportage was and suggest readers were more interested in a variety of ‘titbits’ about the courts than they were in finding out exactly what occurs in each court on a regular basis.

Historical research is always problematic and we can learn from what we can’t find almost as much as we learn from what we do. There is also the unexpected gobbets of information that the newspapers offer, that can open up new avenues for research and understanding, there were two of these today.

On the 66th anniversary of Wellington’s victory at Waterloo the Standard newspaper chose to concentrate on two cases from the Woolwich Police Court. In the first a ‘reputed lunatic’, James Peacock, was sent for trial by jury for allegedly stealing rockets from the Royal Arsenal.

The other case concerned a boy who had summoned the overseers of the poor at Woolwich for non-payment of a reward he was due. The reward was for recovering a dead body from the Thames and this linked the police courts to a tragedy that had occurred three years earlier, in September 1878.

On the evening of the 3 September the Princess Alice, a pleasure steamer loaded with passengers, was passing the shore at Tipcock Point, North Woolwich, when it collided with another vessel, a collier barge, the Bywell Castle. The Alice went down in just four minutes, dragging its terrified passengers into the polluted river. Over 650 people, men , women and children, drowned in the river and the loss of life was shocking.

The tragedy lasted long in local and national memory and must have impacted Londoners in particular. Liz Stride, one of the victims of ‘Jack the Ripper’ even claimed she had lost her husband on the Princess Alice, a claim that doesn’t seem to have much substance.  Stride might have been trying to get some charitable relief following the disaster, as several institutions, including the Lord Mayor’s Mansion House Fund, paid out to victims’ families.

Appearing in Woolwich on behalf of the Overseers of the poor, Mr Moore a relieving officer, said that the Overseers or the Guardians were normally quite happy to pay out for the recovery of bodies from the river. The boy also had a certificate from a coroner saying he was entitled to the money, so that seemed settled, but it wasn’t.

Mr Moore  told the court that a recent ruling at the Court of Queen’s Bench that in the case of the Princess Alice there was no actual law that gave authority for the paying of rewards. The Thames, he explained, was not included as part of “the sea”, which was what the original reward referred to. The magistrate, Mr Marsham grumbled that he couldn’t see how the two were not connected; after all the Thames was a tidal river which seemed to bring it within the act. Nevertheless he was bound to abide by the superior courts’ ruling and he dismissed the summons.

However, apparently the case was being discussed in parliament he was told, and so the lad (not named in the report) was advised to hang onto his certificate in the hope that the situation was eventually resolved to his benefit.

[from The Standard, Saturday, June 18, 1881]

As this was the 66th anniversary of Waterloo several papers mentioned the battle. The Daily News dedicated a small column to 200th anniversary of the Scots Greys, the ‘oldest dragoon corps’ in the British Army.  The ‘Greys’ had served with distinction in the Crimea at the battle of Balaclava, where they ‘tore through the Russians as acrobats go through a paper hoop’ (as the reporter described it). Their charge at Waterloo, which was more brave than effectual (if military historians are to be believed), was forever immortalised in Lady Elizabeth Butler’s Scotland Forever which was painted in 1881, to celebrate the anniversary. 

[from Daily News, Saturday, June 18, 1881]

Does the lack of the vote excuse you from obeying the law?

My method of research for this blog is quite simple. I use today’s date to search back through the newspaper records for a police court hearing with a corresponding date. I thought I might look for a day in June where there was a previous general election given the turmoil of the last few weeks, but there were only two elections in June in the 1800s  (1807 and 1826) both a little too early for the reportage of the Police Courts. So instead I’ve opted for 1859 when the election was held just a few weeks earlier, on 31 May.

That election was won by the Liberal Party and returned Lord Palmerston – he of gunboats fame – as Prime Minister. Palmerston won a significant majority of 59; a figure either Mrs May or Mr Corbyn would have been delighted with on Thursday. However it represented a decline for the Liberals (or Whigs as they were then) from the previous ballot in 1857 when their lead was 100 seats.

punch-vol2p47-1867_orig

‘A leap in the dark’ (Punch cartoon)

This political cartoon refers to Lord Derby’s comment that Disraeli was taking a ‘leap in the dark’ when he sponsored the second Reform Act – which he considered an astute political move. By using popular support for reform to introduce a Bill extending the vote to urban working-class electors, he believed the Tories would stand to gain in subsequent elections.
Catalogue reference: LIBRARY Punch, p. 47 (3 August 1867)

[from http://www.nationalarchives.gov.uk/pathways/citizenship/struggle_democracy/docs/punch1867.htm%5D

Perhaps the writing was on the wall because in 1865 the Tories got back in. This was the last general election under the system introduced after the Great Reform Act of 1832, a new reform act in 1867 extended the suffrage (see cartoon reference above) to include many more people and arguably set in motion the move towards the one-person-one-vote system we have in place today. In took the reforms of 1884, 1918 and 1928 to finally do that however.

I doubt any of this concerned Charles Webb in the weeks after the 1859 general election. As a ‘ruffianly looking, middle-aged’ man dressed as a ‘builder’s labourer’, Webb almost certainly did not have the right to exercise his vote whether he wanted to or not. Like most of the poorer class in Victorian society he was unenfranchised, not being considered fit to vote as he did not own property.

We can speculate as to whether this bothered him or not, or indeed whether this lack of a political voice in some way disconnected him from a sense of social belonging. Does a person who has no political rights in a society therefore have no social responsibilities? If you are not part of the mechanism of making laws then can you perhaps be excused for not obeying them?

These are philosophical questions and again I doubt they crossed Webb’s mind as he watched a procession of charity school children march down Cheapside towards St Paul’s Cathedral. Webb was seen by a policeman, PC Legg, who observed him walk into Post Office Yard with another man. He watched as Webb took a purse out of his pocket, extracted a few silver coins (which he gave to the other man) then threw the purse away. The implication was that Webb had stolen the purse (with the aid of his accomplice) and was disposing of the evidence. He moved in and arrested Webb but the other man got away.

At the police station Webb refused to give his address and denied all knowledge of the purse. When the case came before the magistrate at Mansion House, (which was the Lord Mayor, as the City’s chief lawman), Webb explained why:

‘Well of course I did, but I never saw that purse before and I never touched it’. He then aimed a verbal swipe at the policeman: ‘Ain’t you paid for not telling the truth?’

The clearly frustrated copper then told the Lord Mayor that he had searched the prisoner and found that he has specially adapted his coat for picking pockets, an accusation that Webb vehemently denied.

‘My Lord’ began PC Legg, ‘he shoves his hands through his pockets which are open at the bottom, and work in that way’, demonstrating to the court with the accused’s coat.

‘Why what do you mean by that?’ responded Webb, ‘D’ye mean to say I’m a thief? I am as honest as you are, and works hard for my living. Can’t yer see that them ere pockets is worn away at the bottom?’, he finished, prompting laughter in the courtroom.

When the policeman insisted his version of events was correct (as it undoubtedly was) Webb returned to his theme of accusing the officer of lying. ‘Yes I dare say you’ll say so; but you’ll say anything , cos of how your’e paid for it’

This was probably an opinion shared by many of London’s criminal fraternity who had little love of the New Police and saw them as an extension of the old semi-professional watch, their-takers and informers of the previous century. Magistrates generally took the word of a policeman over that of a working-class man, especially if he looked (as Webb did) like a ‘ruffianly’ individual.

The alleged pickpocket was remanded in custody while the owner of the purse, or more information or evidence, was sought. We don’t know what happened to him after that, but I would expect he spent some time off the streets at society’s expense.

[from The Morning Chronicle, Friday, June 10, 1859]

A young man gambling with his future ‘borrows’ some opera glasses

Opera

Samuel Palethorpe was perhaps a typical young man from a respectable, if not wealthy background; typical in that he had indulged his passions rather more than he might, and had gotten into trouble as a result. If he had come from working-class roots then his brush with the law in May 1870 might have had more severer long term consequences.

Samuel had fallen into financial difficulties, probably as a result of his addiction to gambling. As so many have done before and afterwards, he determined that the best way to get himself out of this financial pickle was to have one last throw of the dice, and play the horses again.

His problem was that he didn’t have the money to stake in the first place, and this is when he chose a course that would eventually end up with his appearance before the Lord Mayor at the Mansion House, on a charge of obtaining goods by false pretences.

Palethorpe visited Mr How’s chemical apparatus shop in Foster Lane and purchased six pairs of opera glasses. He charged the items to his uncle’s account, having stated that he had been sent to collect them. This was a lie; his relative, Mr Samuel Peace Ward, had no knowledge of the transaction and when he found out (because the bill was delivered to him), he was furious.

In the meantime the young man had pawned the glasses and placed all the money (about £5-6) on the horses. He had hoped to redeem the pledges and restore the glasses as well as settling his debts and having some money left over to pay his passage to America, and a new life. Sadly for him, lady luck wasn’t smiling on his and the bets failed.

At this point it has to be said that he did the ‘decent thing’, and handed himself in at the Bow Lane Police Station, admitting his crime. He also forwarded five of the pawn tickets (the ‘duplicates’) to his uncle – one he had lost – who was able to redeem them and return them to Mr How.

Appearing in court Samuel was apologetic and his uncle was understanding. No one would benefit from a jury trial his lawyer told the magistrate, London’s Lord Mayor. Instead he hoped Samuel could be dealt with summarily.

His worship agreed and, after admonishing Palethorpe for effectively ‘throwing his money into the Thames, for backing the favourite horse means the same thing’, he fined him £2 2s and the costs of redeeming the items. Of course Samuel had no money so would go to prison for two months, a lesson for him perhaps. His uncle assured the court that once he came out he would be taken to the country, so ‘he might be removed from his evil associates’.

In other words, he would have a chance to start over – a chance not often extended to the offspring of London’s poorer classes. Let’s hope Samuel took it.

[from The Morning Post, Tuesday, May 10, 1870]

The detective and the banker’s clerk

Bank clerks

London bank clerks dressed in the height of male fashion in the Victorian period

In the middle of a May night one of the housemaid’s at a hotel in Exeter was disturbed by sounds on the landing. Opening her door she was confronted by a man in ‘his nightshirt flourishing a pistol about, … in a state of great excitement’. She called her boss and the landlord escorted the guest back to his room, assuming he had ‘been partaking too freely of wine’.

The guest, who was a young man from London named Charles Pinkatone,  didn’t heed his host’s instructions to retire to his room for long however. Shortly afterwards the household was again in uproar and this time it was the landlord’s wife who discovered Pinkatone blundering about brandishing his gun, ‘capped and loaded’.

Nothing anyone could do would quieten him or persuade him to go back to bed so the police were called. This didn’t help and the young man ended up assaulting the copper and being arrested and remanded in custody at Exeter to face a local magistrate.

Police intelligence seems to have traveled more quickly in the 1860s than we might think, because one London detective was soon on the train for Exeter with a warrant for Pinkatone’s arrest.  Robert Packman had been investigating a forgery case and Pinkatone was a prime suspect. When he caught up with he young man in Devon and having confirmed his identity he charged him with forging and uttering two cheques; one for £100, the other for £200.

The two men returned to London and on the way Packman’s prisoner was talkative, and told his captor he intended to come clean and admit his guilt. When he had been handed over by the authorities in Exeter Pinkatone had £173 in gold, ‘8s in silver and copper, a gold watch and chain, and a portmanteau, containing apparel’.

Packman wanted to know what he had done with he rest of the £300 he had exchanged the forged cheques for. The fashionable dressed young man told him he had spent it: ‘He paid about £45 for his watch, chain and appendages; £1 for a pistol, which he bought a few days before he was locked up; £1 for a portmanteau [a suitcase]’. The rest of the money he had ‘lost’ (meaning, presumably, he had gambled them away at cards).

When the pair reached London Pinkatone was produced before the Lord Mayor at Mansion House and fully committed for trail. Representatives of Messr’s Martin & Co, bankers of Lombard Street attended. As did Pinkatone’s former employer, Mr Barfield (of Loughborough & Barfield), who told the magistrate that Pinkatone had been his clerk but that he had ‘absconded without giving any notice’. The two cheques were produced in court and Barfield confirmed that the forged signature and writing on them was Pinkatone’s but the cashiers at the bank where he cashed them were unable to positively identify who had presented them.

It is possible that this helped Charles in the long run. I can’t find a record of him appearing at the Old Bailey for this or any other offence in the late 1800s. Maybe he pleaded guilty and it wasn’t published in the Sessions Papers. Perhaps the banks let him go because they knew they could not prove his guilt but his reputation was such that he would not work in the area again. It is one of many cases which touched the newspapers but disappeared just as quickly, a mystery which must remain unsolved.

[from The Morning Post , Thursday, May 08, 1862]

Update – thanks to a reader I can now say that Charles was not so lucky; he pleaded guilty at the Old Bailey on 12 May 1862 and while the jury asked for leniency (on the account of this being his first offence) he was sent to prison for four years.

A most ungallant forger and the plundering of the ‘dark’ continent

Gold

Henry and Eliza Hendry appeared in the dock at Mansion House Police court as a married couple. The pair were charged with ‘forging and uttering a transfer of shares’ in a South African gold mining company. While both seemed to have been involved, Henry hadn’t planned for both of them to benefit from the crime, as the court was soon to discover.

The prosecution was opened by Mr Abraham on behalf of the Luipaard’s Vlei Estate and Gold Mining Company Limited . He alleged that while Hendry had been a clerk in the Consolidated Goldfields of South Africa he had stolen two certificates belonging to share holders. The documents represented 400 and 26 shares each, and so were of considerable value.

Mr Abraham went on to say that Hendry, ‘with the collusion of his wife’, had sold the shares certificates on the stock exchange, making the huge sum of £2,500 (£140,000 today).

Eliza was represented in court by her own lawyer, Mr Myers, and he told the Lord Mayor that his client was the very much the junior party in the crime. In the previous century the principle of coverture (femme couvert) may well have protected Mrs Hendry from prosecution as a wife acting with her husband was deemed to be following his lead, as any ‘good wife’ was expected to do. By 1900, however, I doubt that this rather surprising aspect of patriarchy would have worked for Eliza in front of a jury.

Fortunately for Eliza it never came to that. The Lord Mayor was told that once Henry Hendry had successfully sold the share certificates he left his wife and ran off with another woman. He had compounded his serious crime by acting like a pantomime villain. The City’s chief magistrate remanded him in custody but bailed his wife.

A case like this was probably complicated and evidence needed to be gathered. As a result it took several months for this to reach the Old Bailey. When it did there was no sign of Eliza, so she must have been released. As for Henry, the 30 year-old clerk pleaded guilty at the Old Bailey in May but judgement on him was respited. This probably means that there was some doubt over his conviction, possibly on some points of the law. Before 1907 (when the Court of Criminal Appeal was established) the Twelve Judges of England in the Court for Crown Cases Reserved, so they could lend their expert wisdom to the case.

Hendry disappears from the ‘bailey at this point so perhaps he too escaped the consequences of his grand scheme to defraud.

In March 1899  the area in which the Luipoards Vlei Estate was situated (the Witwatersrand) was firmly under British rule. This was to be (unsuccessfully) challenged in the coming year, as the second  South African (or Boer) war broke out in late 1899.  Britain’s imperial interest in Africa, in part driven by competition with other European powers (such as France and Germany) was underpinned by the desire to exploit the rich mineral wealth of the southern part of the continent. In trying to profit from the wider exploitation of Africa’s natural resources Henry Hendry was merely acting as he had seen many others do, and in the end, who can really condemn him for that?

As for leaving his wife however, now that really does mark him out to be a ‘bad lot’.

[from The Standard , Tuesday, March 28, 1899]

p.s The Luipoards Vlei Estate and Gold Mining Company had been formed in London in 1888 and successfully traded until the mid-20th century. It extracted gold and then, after this dried up in the 1950s, it continued to mine uranium. It ceased to be a going concern in 1970.