‘There is a remedy for almost every wrong in this country’, a magistrate explains, if one knows where to look.

O it’s Tommy this, an’ Tommy that, an’ “Tommy, go away”;
But it’s “Thank you, Mister Atkins”, when the band begins to play, 

             Rudyard Kipling, ‘Tommy’ (1892)

Kipling published his Barrack-Room Ballads in 1892 which included one of his most famous poems, Tommy. The poem highlights the reality of solders’ situations in late Victorian Britain; eulogised as ‘heroes’ when there were enemies to defeat, and condemned as ‘bar-room brawlers’ when they were cooped up in garrison towns like Aldershot or Colchester. Not that much has changed in the intervening 100 plus years, ‘squaddies’ are still a cause for concern on Saturday nights in Colchester, but every serviceman and woman is deemed a hero at the point they are killed or wounded in action.

Kipling’s poem calls for change and an acceptance that ‘tommy’ was simply an ordinary man called upon to do extraordinary things. Within a quarter of  a century the ranks of Britain’s small professional armed forces were swelled by millions of citizen volunteers and (from 1916) conscript ‘tommies’. This weekend we remember the millions that died in that war and those that have given their lives since, as well as all those that were wounded, both physically and mentally, in conflicts since 1914.

And perhaps here we can point to some improvement in the way in which we look after  our damaged servicemen. Although we still need charities like Help for Heroes to augment government provision we have become much better at rehabilitating the injured. This is especially true in the area of mental health. Before the First World War the notion that soldiers were adversely affected mentally by war was not properly considered even though it must have been evident to some.

It was the work of Dr W. H. R Rivers, a psychiatrist in Craiglockhart Medical Hospital in Scotland during the war that did much to help society understand mental illness in the context of war, even if this treatment was not really adopted at the time.

Today’s tale from the Police Courts doesn’t feature soldiers but it is related to the problem of mental health and its treatment in the 1800s. I’ve chosen 1892 because of the publishing of Kipling’s poem.

***

A man named Smythe appeared at the West London Police Court to ask for a summons. The request was for a summons to bring the superintendent of a private lunatic asylum to court for unlawfully detaining a prisoner called ‘Carter’.  Mr W. Doveton Smythe explained that Carter had been imprisoned for five years for shooting at a man but, just four months before he was due to be released, he had been transferred to Broadmoor Prison in Berkshire, where criminals deemed to be ‘insane’ were confined.

From Broadmoor he was later taken to a pauper lunatic asylum (presumably being thought no longer to be dangerous) and then, at the request of his mother, he was placed in a private mental asylum. So, this prisoner, who had served his sentence, was now effectively being held against his will in a secure institution and Mr Smythe (whose relationship to the Carters is not made clear) was trying to get him out.

Mr Smythe told the magistrate, Mr Curtis Bennett, that Carter had been examined by an independent specialist  (Dr Flood) and visited by several friends. They all felt that he was ‘perfectly sane’. He wanted a summons against the superintendent for assault, since (as he was sure the magistrate was aware) ‘illegal detention is, technically, an assault’.

Mr Bennett was unconvinced. ‘Friends are really the worst people to form an opinion in such a case’, he told the complainant. ‘Unfortunately that has been the cause of many murders being committed’.

Moreover, this wasn’t the right place to make his request. Removing Carter from the private asylum would not overthrow the original decision to send him to Broadmoor or the pauper asylum. Therefore he advised Mr Smythe to take his complaint to the Lunacy Commissioners instead, and if he got no joy there he suggested the [Chancery] Master in Lunacy instead.

‘There is a remedy for almost every wrong in this country’, he declared, ‘though many people do not seek the right remedy’.

Mr Smythe thanked him and left, meanwhile poor Carter remained locked up in a private asylum.

[from The Standard, Friday, November 11, 1892]

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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.

“Good-bye, Tom, I have done for my missis, and I am going to do for myself”; murder in the East End 1888

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The Isle of Dogs, 1899 (Manchester Road runs south-east parallel to Blackwall Reach)

In early October 1888 London was gripped by the ‘Ripper’ murders. As far as the press and public were concerned an unknown assassin had brutally murdered six women in a small area of East London and the police had no clue as to his identity. Police patrols had been stepped up and the newspapers were becoming inundated with fake letters from people purporting to be the murderer, and correspondence offering advice on how to catch him. Between the end of September (when both Elizabeth Stride and Katherine Eddowes were murdered on one night) and the 9th November (when Mary Kelly’s body was found in Miller’s Court) the killer seems to have lain low, avoiding the redoubled attentions of the police.

Meanwhile over at the Thames Police Court Mr Lushington was hearing the case of a man accused of murdering his wife. Levi Bartlett was a 57 year-old general dealer who lived and worked in Poplar. He and his wife, Elizabeth, ran a small shop on Manchester Road on the Isle of Dogs, selling mostly milk. He had been held on remand since the incident had happened back in August, because after killing his wife he had attempted to cut his own throat with a razor.

Even by October he was a weak man and was allowed to sit in court rather than stand through the evidence. Elizabeth’s sister, Emma Mears, testified that Levi and her sister had live together for many years before they married, and had now been married for about five years. During all of that time, she said, the dealer was ‘nearly always drunk’.

By all accounts when he was sober, Levi was a good man but that was rare. When in his cups he was abusive and violent and dipped into the shop’s till to feed his drinking habit.  Not surprisingly then quarrels between him and Elizabeth were frequent and loud.

On the 18th August 1888 Emma visited Elizabeth and found her sitting crying. When she asked what the matter was her long suffering sibling said:

‘Can’t you see the old villain is drunk again, and hasn’t been to bed since two this morning’. This was punctuated by the dealer’s loud denials, ‘don’t you believe her’ he shouted. He then asked for 2d for gin.

‘No, you villain, you have had enough now’ was his wife’s response. This provoked Bartlett to threaten her: ‘I will mark you for this tonight’, he declared.

More abuse was exchanged and before she left Emma told her her sister to fetch a policeman if her husband hit her again. Perhaps because Levi was so frequently drunk and abusive no one really expected what was to happen next, although the sights were there. At some point on Sunday morning (19 August) the former stevedore attacked his wife with a hammer, fatally wounding her,  before admitting his crime to George Jones who he had employed as a milk delivery man.

Jones later related the dramatic scene to the Old Bailey court as he was woken up by his master:

‘between 4 and 5 in the morning I was awoke by the prisoner coming into my room—he asked French if he had got any drink—French said no, he had forgot to bring any; the prisoner shook hands with French and said “Good-bye, you won’t see me no more alive”—he then went back to his own room, he seemed sober then—in about twenty minutes he came into our room again, and again bid French good-bye; he then came to me and said “Good-bye, Tom, I have done for my missis, and I am going to do for myself”—he shook hands with me and went out of the room’.

Bartlett then visited his old friend Benjamin French who had lodged with the Bartlett’s for 14 years. He also bids him ‘goodbye’ which left the dock labourer perplexed and not a little concerned. It was French that finally fetched a policeman, police sergeant Doe (30KR), who found Bartlett sitting on his bed ‘in his shirt, bleeding from the throat; the front of his shirt was covered with blood—he had a razor in his right hand’. Having taken the razor from him he summoned a doctor and then took him to hospital.

Bartlett, who had earned the nickname ‘Mad Dick the jockey’ (his middle name was Richard) was fully committed for trial at the Old Bailey. There, on the 22nd October 1888 he was convicted of murdering Elizabeth. Elizabeth’s sister testified to the years of abuse that she had suffered at Levi’s hands while the former dock worker’s best friend Benjamin said he had never heard a cross word between them. Drink was Bartlett’s downfall and it seems he simply could not function with it or without it. Ultimately this cost both him and his wife their lives; having recovered from his own suicide attempt Levi Richard Bartlett was hanged at Newgate Gaol on 13 November 1888.

Such a tragic event may well have created many more ‘headlines’ than it did in 1888 had there not been a supposedly crazed serial killer on the loose. This was, of course, a much more typical homicide for nineteenth century London than the series that has occupied the attention of researchers for over 120 years. Most murderers are men, and most of their victims (many of whom are women) are close to them – as wives, partners, lovers and acquaintances. The ‘Ripper’ killed strangers, and that made him all the more difficult (indeed almost impossible) to catch.

[from The Standard, Saturday, October 06, 1888]

A ‘have a go hero’ is fined for his trouble

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It took quite a long time for Arthur Joyce to be brought before the magistrate at Woolwich Police Court. On the night of the 25 July the confectioner, who had a business at Shooter’s Hill in south-east London, was in bed when he heard a scream of ‘murder’ outside his window. When these were followed by several more he leapt out of bed, pulled on some clothes, grabbed his revolver and headed out into the street.

He soon saw a man ‘savagely beating a woman’ and shouted to him to stop. When the man turned his anger on Joyce the tradesman fired his pistol five times in the air to, as he later explained, ‘to attract the attention of the police’.

Immediately after the incident Joyce was brought before the nearest police court but any charges against him (for firing a gun) were dismissed by the magistrate. Presumably on that occasion his worship felt this vigilante act, while not exactly legal, was appropriate and in pursuit of a higher goal.

However, Joyce had no license for his revolver and this was an offence which came under the jurisdiction of the Inland Revenue in 1888. As a result a summons was issued for the confectioner to appear again and on 29 September 1888 he was up before Mr Fenwick at Woolwich.

The prosecution was brought by the Commissioners of the Inland Revenue in the person of a Mr Power who called Joyce’s neighbour, Frederick Hoare, to testify. He had seen Joyce running excitedly up the street, blood coming from a wound he had received from the wife beater. In defence Joyce’s lawyer told the court that his client was a ‘respectable tradesman’ and ‘could not be expected to take out a license for a revolver which was intended solely for protection in his own house’.

Mr Power was sympathetic to the confectioner’s situation but pressed his case; there had been a number of similar incidents he said, and several complaints, so he must insist on a fine. I rather suspect that while the magistrate agreed to the legal truth of the matter he also felt that Joyce had acted with honourable intent. He fined him 1s with 2s costs, possibly the minimum he could so that ‘justice’ could be done without unduly penalising the actions of a ‘have a go hero’.

We should remember that this was London in 1888 in the midst of ‘autumn of terror’ when the Whitechapel murderer killed at least five women in the streets of East London. One of the debated ‘facts’ of the ‘Ripper’ case is that no one seems to have heard anything as the killer struck and it has been said that cries of ‘murder!’ were so common that nobody would have reacted anyway. Well, perhaps Arthur Joyce, had he lived in Whitechapel, might have bothered.

[from The Morning Post, Monday, October 01, 1888]

An attack in Berner Street in 1888, but not the one you’ve all heard about

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On Saturday 29 September 1888 a man appeared at Thames Police Court on a charge of attempted murder. It wasn’t William Seaman’s first appearance, he had previously been remanded in custody because his victim was too weak to attend court.

Seaman was a builder who gave his address as 11 Princess Street, St George-In-theEast. He was accused of attacking Thomas Simpkin, a chemist, by  ‘striking him on the head with a hammer’. In court Inspector Thresher of H Division, Metropolitan Police informed the magistrate that the chemist was still unable to come to court and requested a further period of remand. The justice agreed to the request and the builder was taken back to police custody.

On the following Tuesday the case resumed, as Simpkin had recovered sufficiently to give evidence. He explained that at about 10 minutes to midnight on Saturday 8 September (some three weeks earlier) the builder had entered his shop and asked to buy some zinc ointment and then some alum powder. Then suddenly, and seemingly without provocation, Seaman leaned across the shop counter and struck the chemist violently with a hammer.

A warehouseman,  Henry John Smith (who lived at 6 Chamber Street) said he was across the road from the chemist’s shop at the time and heard a scream. The chemist’s daughter then came running out into the street shouting:

‘They are murdering my father!’

When Smith ran over and entered the shop he found Seaman covered in blood with one hand around Simpkin’s throat, while he punched him in the chest. The man was clearly drunk he said, and extremely violent. Despite this he managed (with the help of another passer-by, Charles McCarthy) to get him off the chemist and hold him until a police constable (PC 85H) arrived.

Dr Francis Allen (1 Dock Street) told the court that the injuries were serious and consistent with being caused by a hammer. He added that at one point the chemist’s life had been in danger.

The dispute seems to have been over the price of alum powder, or presumably the amount you got for  penny (as that is what Seaman asked for). It was a pretty poor excuse for such a brutal onslaught but Seaman was drunk and perhaps agitated by something else that night. As we will see, however, Seaman was a violent man and perhaps had some underlying psychological condition.

The justice, Mr Saunders, committed him for jury trial.

That trial took place at the Old Bailey on 22 October 1888 and Seaman was duly convicted and sentenced to 7 years penal servitude. The long sentence was probably because he had previously been convicted before at the Bailey, something he admitted in court. Seaman was 38 at the time but the experience of imprisonment didn’t have the deterrent effect society might have hoped for. In 1896 he was back at the Central Criminal Court, and this time he had taken his violence a step further.

On Good Friday (April 3, 1896) he broke into the home of John Goodman Levy, in Turner Street (Whitechapel) presumably with the intention of burgling it. In the early hours of Saturday morning the dead body of Mr Levy was found with his throat cut. When the police arrived they soon discovered that the burglar was still on the premises and a chase began. Eventually Seaman fell through a ceiling, was badly injured and apprehended. The police reportedly found the following on his person:

‘a lady’s gold watch, a gold diamond and turquoise pin, a watch-chain, a gilt half-crown brooch, a pair of gilt threepenny piece earrings, another imitation gold ring set with rubies and pearls, two cigars, a plated caddy spoon, a wedding ring, a single-stone diamond ring, a piece of wash-leather thereon, 10s. 6d. in silver and a penny, the works of a watch, an old purse, a pocket knife, an old comb, and a brass stud ‘.

Quite a haul.

This time penal servitude wasn’t an option and William Seaman was sentenced to death.  Before the judge passed sentenced however, Seaman was asked if he had anything he wanted to say.

[He] stated that he had nothing to say about the case, but that he desired to complain about a statement in a newspaper to the effect that he had previously been charged with an attempt to murder, and assault and theft, and that that statement was false.

William Seaman was hanged at Newgate prison on the 9 June 1896, he was 48.

There is a footnote to this story. The chemist’s shop was at 82 Berner Street, off the Commercial Road, Whitechapel. That little detail may seem insignificant for the case but for the fact that on the 30 September 1888 (the day I took this story from the newspapers)  another violent act took place in Berner Street. Between houses at 42 and 44 Berner Street (now renamed Henriques Street) was what was ‘colloquially known as Dutfield’s  Yard’* and home to the International Working Man’s Educational Club.

At just after 1 am Louis Diemshitz (club steward and ‘jewellery hawker’) turn this horse and cart into the yard when the animal shied at something lying beyond the gates. When Diemshitz investigated he found the body of a woman. She had been attacked and her throat had been cut.

Her name was Elizabeth Stride (or ‘Long Liz”) and she was to be the first of two women murdered that night by a killer whose identify remains a mystery. He will forever be known to history however, as ‘Jack the Ripper’.

[from Lloyd’s Weekly Newspaper, Sunday, September 30, 1888; Birmingham Daily Post, Wednesday, October 3, 1888]

*Neil R.A. Bell, Capturing Jack the Ripper, (Amberley, Stroud, 2016), p.158

Officer down on the Ratcliffe Highway

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Police Constable William Izzard (133H) was walking his beat on Ratcliffe Highway on the 5 August 1866 when he heard raised voices. It was late at night and this was not uncommon in such a rowdy and notorious area. He moved towards the disturbance and found a small group of ‘foreign sailors’ quarrelling in the street.

PC Izzard approached the group and, since they were making a great deal of noise and disturbing the peace he asked them to disperse. No one seemed to be listening to him and one man in particular seemed very agitated so he lightly tapped him on the shoulder to get his attention. The man turned around and the policemen indicated that he should ‘go home and sleep’.

As the man moved off another one stepped forward and drew a long bladed knife which he thrust at the copper. Fortunately PC Izzard stepped back quickly, avoiding the attack. As he did so he pulled out his truncheon (or ‘stick’ as it was described in the report) and used it to ward off more attacks from the sailor.

Meanwhile another unconnected man had seen what was going on. Charles McCarthy was a stevedore who worked on the docks and he noticed a ‘a short stout man’ come up behind the constable holding a knife. McCarthy shouted a warning to Izzard but it was too late; the man (an Italian sailor named Ferato Lorenzo) had caught his victim off guard and stabbed him in the belly.

The policeman fell to the ground with blood pouring from the wound as the sailors scattered. McCarthy set off in pursuit of Lorenzo, catching him and hauling him to the floor. Amazingly PC Izzard picked himself up and helped secure the prisoner with the help of a fellow officer (H56) who came running from a nearby street.

The Italian sailor, who was much the worse for drink, was presented at the Thames Police Court charged with violent assault. He offered no real defence and was fully committed to trial by the magistrate, Mr Partridge. The policeman appeared in court but was still suffering from his injuries even though the attack had taken place over two weeks earlier. He had lost a lot of blood and was unable to return to duty. He had been examined by the H Division surgeon, George Bagster Phillips who was to go on to achieve some kind of fame as the police doctor who investigated the Ripper murders in 1888.

In the end Lorenzo took his trial at Old Bailey on the 13th August 1866 where he was found guilty of felonious wounding and sent to prison for 12 months at hard labour. PC Izzard was lucky; the surgeon told the Old Bailey courtroom that the knife had entered his abdomen, ‘penetrating through the muscles to the peritoneum,’ but had not reached his bowels. He survived; had he not the Italian may well have found himself facing a charge of murder with the very real prospect of being executed if convicted – so Ferato was also ‘un uomo fortunato’.

[from Lloyd’s Weekly Newspaper, Sunday, August 19, 1866]

‘Orrible Murder! Read all about it! (but quietly please)

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At half-past 11 at night John Harris was attempting to sell copies of a local newspaper. There had been a murder in Notting Hill that had seized the attention of the reading public and, like any good salesman, Harris knew he had to capitalise while the news was ‘hot’. However, the area around Goldbourne Road was a quiet one and the vendor was disturbing the peace.

He was soon discovered by a policeman on his beat. He was shouting: ‘the dreadful murder at Notting Hill: verdict and sentence of the prisoner’ at the top of his voice. There were residents at their windows calling for the policeman to make him stop his racket. PC Gallagher approached him and when he refused to stop shouting (saying he ‘had to wake Notting Hill up to sell his papers’ ) he asked him for his name and address.

Harris replied: ‘Artful Bill, commonly known at the East End as the Scarlet Runner’.

This didn’t satisfy the constable who arrested him and took him back to the station. Having spent an uncomfortable night in the cells Harris was brought before Mr Paget at Hammersmith Police Court.

He was not a happy man. He ‘told the magistrate that he was traded worse than a felon, and locked up all night’. Mr Paget understood that he needed to sell his papers and accepted that some people might have liked to have read the breaking news, but…

it was ‘a great nuisance, particularly when the men [newspaper vendors I presume he meant] cried out all sorts of things that had not taken place’. Fake news in 1881?

Given that Harris had already been punished by being incarcerated in the local nick Mr Paget discharged him. Hopefully he found a different pitch to flog his news from in future.

The murder in question took place in May that year and in Goldbourne Road. Some of the occupants of number 48 were awaked by the smell of smoke and discovered the building was on fire. It seems to have been building of multiple occupation that opened on both Goldborne Road and Portobello Road. There was a shop on the Portobello side and the fire seems to have started there. Two people (William Nash and Annie Maria Weight) were charged with the murder of Elizabeth Clark who died in the fire, but it seems that several others were also consumed by the flames. The motive seems to have been insurance; Nash’s business (as a furniture dealer) was in trouble and he and his wife (the other accused – presumably not officially married so tried under her maiden name) may have set a fire to claim against their policy with the Yorkshire Fire Insurance Company (worth upwards of £120).

The jury acquitted Annie but found her husband guilty. They recommended him to mercy on the grounds that they didn’t believe he intended to cause death. That would have been small compensation to those that lost their lives, their loved ones or their homes. The judge sentenced Nash to death but he was later reprieved.

[from The Standard, Saturday, August 06, 1881]