Health and safety ‘gone mad’, as a child narrowly avoids being roasted alive

The Great Western Railway

On the 19 March 1873 The Morning Post reported its daily selection of reports from the Metropolitan Police Courts. At Marylebone there was a complicated ‘health and safety’ case (or at least that is how we would probably describe it today). Nowadays these sorts of cases don’t tend to come up before a magistrate, being dealt with elsewhere, but in the 1800s these were part and parcel of a local justice’s workload.

A summons had been taken out by James Henderson, a factory inspector, who was bringing a charge against the Great Western (Railway) company. He was represented in  court  by a barrister, Mr Henderson, while the company was defended by another lawyer, Mr Thesiger. The case was heard by Mr D’Eyncourt.

The fact were briefly restated: a young lad working for the company during the day had:

‘imprudently crept into the fire-box of a [steam] engine, and whilst asleep the fire was lifted by the fireman in ignorance of the poor boy being there’.

Crucially the report doesn’t say  what happened to the ‘poor boy’ but I am assuming he was fine, or this would have been a very different sort of prosecution. As it was Mr Henderson was attempting prosecute under the terms of the Factory Acts while the company’s counsel argued that these acts didn’t cover the railway company’s premises.

As I suggested, the case was complex and turned on a number of key points of law involving the definition of the engine sheds in the context of the Factory legislation. In the end Mr D’Eyncourt ruled that since the work carried out there involved repairs and maintenance to the rolling stock and locomotives owned by the railway, rather than any manufacturing per se, the acts did not apply and so he dismissed the summons.

I think we would all be more interested in the welfare of the boy and how he came to be sleeping in a fire box but the editor clearly thought his readers would prefer to hear the minutiae of a legal debate. What was more interesting (to me at least) was its remark that exactly a year earlier the Marylebone court had been much busier than it was this week in 1873. In March 1872 there had been 49 charges heard on the corresponding day whereas a year later there were just 23.

The paper listed them:

‘Drunk and incapable, 8; drunk and disorderly, 13; drunk and assault, 1; throwing stones, 1’.

All the offenders that were known to the court were fined 26d or sent to prison for seven days. These types of cases were much more typical of the London Police Courts in the 1800s; and thankfully much more typical than cases involving the accidental roasting of children in locomotive sheds.

[from The Morning Post, Wednesday, March 19, 1873]


The late Victorian magistracy knew how to deal with sexual assault when they saw it


Dalston Junction station c.1905 (about 8 years after the events recounted below took place) 

Our society is quite rightly agitated about sexual assault and misconduct. There has been a well documented campaign about sexual harassment and worse which as touched the television and film industry, politics, professional sports, and even charities. I suspect we have not heard the end of this and that the empowerment of women (and men) via the sharing of stories of abuse will result in many more industries and ares of public and private life being exposed to accusations of bad behaviour, sexual misconduct and rape.

It seems to me that the abuse of women, men and vulnerable children by those having positions of power and influence is endemic in modern society and until some prominent people are very publicly made to pay the consequences of this we are unlikely to see things improve. Sadly, of course, none of this is very ‘new’ and men (and it is usually men) have been getting away with sexual harassment for centuries.

However, not everyone got away with it and in some circumstances – notably when the abuser was a member of a lower social class than his victim – the Victorian courts were prepared to act to defend the defenceless. Even when these distinctions were not obvious the Police Court magistrates could often be relied upon to make a stand.

Florence Day was a domestic servant. On Tuesday 17 March 1897 she was travelling on the North London Railway between Dalston Junction and Broad Street in a third class carriage. It was the day before St Patrick’s Day  and the carriage was also being used by three Irishmen, one of whom took it upon himself to impose himself upon the young servant girl.

As soon as the train moved off Morris Deerey, a cattleman, began to speak to her. Florence was not interested and move her seat to get away from him. He’d been drinking and he and his friends were probably quite drunk. Undeterred Morris rose and follow her, sitting down opposite the girl.

Again he tried to engage her in conversation and when she ignored him he moved his muddy boot across and lifted her skirt. This was not only an invasion of space it was a sexual assault in the context of Victorian attitudes towards the female gender. Even today it would be considered as such.

When the train pulled in to Broad Street Florence, with the help of a fellow passenger who had seen everything that occurred, had Deerey taken into custody. She went to Moorgate Station and was examined by a female ‘searcher’ (who  I imagine was employed by the railways to search women brought in accused of picking pockets).  She confirmed that there was mud on the servant’s stockings and the whole case sent before the alderman magistrate at Guildhall Police court.

Deerey denied the accusation against him and produced his two fellow cattlemen to back him up. Both admitted to being drunk and claimed that Deerey’s foot had got accidentally entangled with the girl’s dress. William Holloway had acted to support Florence and had been watching the men warily since they’d boarded the train at Chalk Farm. He confirmed Florence’s story and dismissed the friends’ version of events.

Alderman Newton had heard enough. Bad behaviour from the working classes was meat and drink to him; drunken and loutish conduct by the Irish was particularly to be condemned. He told the listening press and public that:

‘the traveling public must be protected, especially unprotected females’.

He sent Deerey to prison for 14 days hard labour meaning that he missed the St Patrick’s Day celebrations that year. ‘Poor Paddy’, as the Dubliners (and the Pogues) once sung.

[from The Standard , Thursday, March 18, 1897]

‘Gin Lane’ uncovered in the 1850s


The Victorian’s love of gin, immortalised by Dickens in Sketches by Boz

When Benjamin Elmy, and offer of Her Majesty’s Excise, knocked at the door of number 20, New Compton Street it was opened, ‘after a short pause’, by a woman. Elmy asked her if she lived there.

‘No’, the woman replied, ‘I have nothing to do with the house’.

It was a strange response for someone answering the door, unless she was a visitor on her way out. Benjamin entered through the door and made his way downstairs. He was acting on information and presumably knew what he was expecting to find there. He wasn’t disappointed because he found ‘the lower rooms fitted out as a distillery’.

‘A still was at work on the fire, and there was a quantity of manufactured spirits in large bottles’. Elmy also found about ’60 gallons of wash, and all the apparatus of a private still’.

This was clearly an operation to make liquor and avoid the duty on it. Londoners had a huge appetite for cheap alcohol in the nineteenth century and especially for gin (which is what I suspect was being made at No. 20).

Benjamin had not gone on his own and one of his colleagues had decided to follow the woman that had let Elmy in. He caught up whether and brought her back to the illegal distillery. Her name was Eliza Nash and she denied all knowledge of the still or the people involved with it.

Unfortunately for her she was overheard by the landlady of the house who pushed into the room and set the proverbial cats amongst the pigeons.

‘How can you tell the officer that’, she exclaimed, ‘I have seen you constantly about here, and have you lately fetched a great deal of water for the house?”

Eliza was unable to give a satisfactory explanation of what she’d been doing so the excise men took her, and the contents of the room, into custody. The next day they brought her to the Marlborough Street Police Court where Mr Bingham found her guilty of running an illicit still. He was lenient on this occasion, fining her the lower amount of 30 but warning she would go to prison for three months if she failed to pay.

[from The Morning Post, Thursday, March 15, 1855]

Two ‘determined thieves’ fail to learn the lesson of their (temporary) exile to Australia


This week I am exploring the transportation of convicts to Australia with my second year history students at the University of Northampton. One of the aspects we will look at is the nature of those forcibly migrated to New South Wales and Van Diemen’s Land (now Tasmania) and the treatment they received there. One of my current dissertation students is also looking at the how the system of transportation (and its purpose) changed over the period between its commencement and its end.

In all some 162,000 men and women were sent into exile in Australia between 1788 (when the First Fleet sailed) and 1868 (the last transport unloaded its human cargo in Western Australia). Was Britain simply ridding itself of its unwanted criminals or was she intent on building a new imperial colony on the backs of ‘convict workers’?

By 1862 the experiment with enforced exile was coming to an end. Increasingly colonists were unhappy with being the dumping ground for the mother country’s criminal element and so the prison (and the new sentence of penal servitude) was coming to dominate punishment policy. Within  a few years no more convicts would be boarded onto transport ships to make their slow journey to the other side of the world.

Some, we know, came back. The Digital Panopticon has traced the lives of thousands of those sent abroad and we know that despite the distance exile to Oz didn’t always mean permanent banishment. Two that did were Henry Turner (or Ware) and Henry Mount (alias Davis) and despite the best hopes of the reformers that argued for transportation as a panacea, they failed to learn the lesson they ere supposed to. Once back in England they were soon up to their own tricks and found themselves in front of a magistrate at Lambeth Police Court.

On Sunday evening, the 9 March 1862, while the Woodley family were at church, Turner, Mount and another (unnamed) man were scouting their home in Carlisle Lane, Lambeth.  Turner and Mount gained entry to the house via the front door while the other man kept watch from the street. He wasn’t careful enough however, and the men were seen and the alarm was raised.

The police arrived and Turner (or Ware as I shall now call him) was captured as he tried to get out through a rear door. The lookout bolted and wasn’t found but Davis was discovered hiding in an outside privy (a toilet) two doors down. Both men were seized and taken back to the nearest police station and the investigation handed over to detective sergeant Landridge.

He reported that:

‘On examining the house it was found that the prisoners had broken open every drawer and cupboard in the place, and one in particular in which was deposited bills of exchange and promissory notes of the value of £12,000, but these valuables had escaped their notice’.

£12,000? That’s a pretty large sum today but represents about £700,000 in modern money. You could buy 800 horses with that amount of money or employ a team of 8 skilled tradesman for a decade. How did the Woodley’s come to have that much money or credit on the premises and how did these ‘determined thieves’ fail to spot it?

The pair were also found to have all the accoutrements of house-breaking, including:

‘skeleton keys, and an instrument of a most formidable kind, formed of a clock weight, which if used would be much more dangerous than any life-preserver’.

A life-preserver was a small cosh popular with burglars as it was easily concealed but effective as a weapon. In the popular press of the day there were plenty of stories about burglars and their equipment, fuelling contemporary (and historical) debates about the existence and actives of the so-called ‘criminal class’.

As former convicts Ware and Mount were prime examples of such a group of ‘professional’ criminals. The magistrate at Lambeth listened to sergeant Langridge detail their return from Australia and assert that he would be able to provide proof not only of this crime but their previous criminal records. Satisfied that they were desperate felons he committed them to take their trial at the next sessions. I doubt they went back to Australia after that, more likely they received a lengthy sentence of penal servitude and served out their time in the brutal English prison system.

[from The Morning Chronicle, Friday, March 14, 1862]

Two unsuspicious characters exploit passengers on the Dartford train


I have discussed the perils of travelling on the Victorian railway network in previous posts on this blog. The railways not only made Britain smaller and allowed Victorians a new freedom to move around the country quickly and cheaply, it also broke down some of the well-established barriers between the classes. Not everyone was entirely comfortable with this, no least because it also opened up new opportunities for crime.

Alfred Thomas and Ann Mark were skilful thieves who exploited the new railways to earn an illegal living. Their patch was the South-Eastern Railway, which ran (until 1922) from London to Dover. They dressed ‘fashionably’; in other words they didn’t look like criminals or members of the lower working class but passed as respectable.

Ann dressed smartly and carried a muff to keep her hands warm. She also had a small lap dog and must have seemed to those that saw her a charming young woman with a distracting animal. Alfred was similarly presentable and when the pair traveled together he pretended to be her brother. What could be less threatening: two siblings traveling together on the railway?

However, all was not as it seems and these two were eventually exposed and brought to the Southwark Police Court to be prosecuted as thieves.

The first witness and victim was Mrs Susannah Pledge, a ‘lady residing at Bermondsey’. She testified that she was in a  second-class carriage on the train to Dartford and was sat next to Ann while Alfred sat opposite. Ann was playing with her ‘handsome little dog’ letting it crawl in and out of her muff. At Plumstead Alfred rose and leaned over to Ann to speak quietly to her, then at the next station he got up again and bid her farewell, saying: ‘Give my love to brother’.

As soon as the young man had gone Mrs Pledge realised that her dress had been cut and her purse removed from her pocket. Mr Walter Rutherford (described as ‘a gentleman’) was also in the carriage and saw what went on. He was suspicious of the pair and saw Alfred reach over towards Mrs Pledge and scoop up something from the floor of the train just as they pulled in to Woolwich station.

He called the guard and helped track Alfred down to a third-class carriage further along the train. Another woman in the the carriage had also been robbed in the same way. Alfred escaped however, dashing across the station towards the waiting room.

The railway company, mindful of its reputation and the effects of these sorts of thefts on its customers, had hired a detective to investigate the problem. Detective Dennis Scannel (who was officially employed by the Metropolitan Police in M Division) was seconded to the railway. This suggests that the police themselves were well aware that protecting customers on the railways was also part of their role. Today we have the British Transport Police but this force wasn’t created until after the second world war.

Scannel told the Southwark magistrate, Mr Coombe, that when he’d arrested and searched the pair he’d found significant amounts of coin on them. He’d recovered four to five pounds in silver and found the ladies’ empty purses under a grate in the waiting room where Alfred had been seen to go directly after the train arrived at Woolwich.

The prisoners were represented in court by a lawyer who said they would plead guilty to the crime in the hope that the magistrate would deal with them there and then and not send the case before a jury. This would minimise their sentences of course. The counsel for the prosecution explained that several other robberies of a similar nature had occurred recently and he and the police were convicted that these two were responsible.

Mr Coombe weighed up the evidence; picking pockets was notoriously difficult to prove and conspiracy even more so. If he sent the pair before a jury one or both of them might well be acquitted. At least by gaoling them today he would protect passengers on the railways for a limited period and by alerting the public (via the newspapers) to the risks they took while traveling he might also reduce the number similar thefts. So he did as the prisoners’ lawyer asked and in finding them guilty sent them to prison for six months at hard labour and ordered the two ladies to be reunited with their purses and missing money.

[from The Morning Chronicle, Wednesday, March 12, 1862]

A father washes his hands of his troublesome daughter as she lets him down yet again


You might have noticed that we’ve been spending a lot of time in 1883 this week. 1883 corresponded exactly with our 2018 calendar so its been interesting to map a week’s progress through the police courts. Marylebone dealt with a central London area of mixed demography; there were wealthy areas south of Regent’s Park but also less well-heeled parts of the capital close in Lisson Grove.

We can see this by looking at Charles Booth’s poverty maps (1888-91) which reveal that while the south east of the parish was strongly marked in red and yellow (signifying wealth), the north west was blue and black. So, as with much of the metropolis we get a variety of people from all social classes coming into the summary court system.

Amelia Lucy Goodall was a juvenile thief. Aged just 16 she was charged with stealing a large array of items and money from her mistress in Paddington. Her employer was Miss Dewar of 16 Spring Street and she testified that Amelia had stolen the following:

‘a sealskin jacket, velvet jacket, silver watch, velvet muff, silk umbrella, silk shirt, £1 14s in money, breaking open a collecting box in aid of the Boys’ Cripples Home containing about £1 and stealing other things’.

It was quite a haul for the teenager and must have shocked the audience listening in the Marylebone Police Court (and those reading about the case in The Standard newspaper the next day).

Amelia had got the job on the strength of a recommendation made by her mother. She has started work at the beginning of January 1883 but ran away on the 8th. The things listed were discovered missing soon after she disappeared.

She must have fled to Southampton because Amelia was arrested and charged there with stealing a silver watch, perhaps by picking a pocket. The magistrates at Southampton sent her to Winchester Gaol for a fortnight and when she was released the police were waiting for her.

Detective-sergeant Crane had been investigating the theft at the Dewars and brought her back to face the music in London. Amelia tried to wriggle out the charge against her, blaming someone else and saying that anyway the charity box only contained  a few coppers, nothing like the pound that Mrs Dewar alleged.

Her parents were in court and all but washed their hands of their child. Mr Goodall said ‘he’d striven to bring up his large family in a respectable manner’,  but admitted that   Amelia had been a constant source of trouble and had been ‘in a Home’ from which she’d also stolen, pawning the goods to get money.

Mr Cooke reprimand the father for not informing Mrs Dewar of the extent of his daughter’s mischief in the past. He remanded Amelia in custody so that further enquiries could be made into her character and actions. The future, it has to be said, didn’t look that bright for the sixteen-year old.

[from The Standard, Friday, March 09, 1883]

‘A dangerous imposter’ on Rosslyn Hill spells trouble for DS Fox


The Victorian criminal justice had been developing a much more effective means of keeping records on those that passed through it doors than had been the case in the Georgian period. As a result criminals routinely gave false names to the police and magistrates in the hope that their previous convictions would not dog their footsteps for ever. Being ‘known to the police’ or the courts was dangerous; a magistrate or trial court judge was very likely to hand down a much stiffer sentence if he knew you’d failed to learn your lesson in the past.

I some cases of course the problem ran much deeper and this is particular true in cases of those that committed offences in part because they were suffering from mental illness. The law recognised that mental health was a factor and the principal of acting with ‘diminished responsibility’ had been debated throughout the nineteenth century following a handful of high profile cases that shocked society. In 1863 the Broadmoor Criminal Lunatic Asylum had opened in 1863 to take those convicted as being guilty but insane.

This would have been too early for John Gough. He had been convicted of ‘assault with intent to murder’ at Exeter Assizes in 1856 and had sentenced to life imprisonment. In 1873 he was freed on a ticket of leave (effectively parole) and had then been admitted (or admitted himself, it is not clear) to a lunatic asylum. Gough must also have moved from the south west to London because in 1883 he turned up at the Marylebone Police Court charged with assaulting a police detective.

Detective Sergeant Fox saw Gough wandering at Rosslyn Hill in Hampstead in late February 1883. Gough looked in serious trouble and was soliciting for charity, as Fox described in court:

‘The prisoner was bandaged about the the head and arms, as though suffering from injuries, and while walking along praying aloud begged for alms of people’.

Begging was illegal and so DS Fox arrested him, only to attacked and verbally abused (with ‘profane language’) by his charge. Back at the station Gough was examined and it was found that there was nothing whatsoever wrong with him; his show of injury was just that, a show. The man was ‘an imposter’ Mr De Rutzen (the magistrate) was told and the police added the information regarding Gough’s previous conviction.

While Gough was clearly suffering from mental illness he had checked out of the asylum in 1877 and hadn’t been in contact with the police either. This was a breach of his release license and this, coupled with the assault on the detective sergeant, earned him a another spell inside. De Rutzen declared Gough was ‘a dangerous man’ and sentenced him to two months at hard labour. It might have bene more sensible to send him to Broadmoor or even to the Colney Hatch Lunatic Asylum which had opened in 1851 which held over 2000 patients in the 1880s, including (just possibly) a candidate for Jack the Ripper.

[from The Morning Post, Wednesday, March 07, 1883]