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]

Middle-class tantrums on the tube, 1880s style


It was a Thursday afternoon in March 1888 and two men were trying to make their way through the gate at Portland Road underground railway station, having arrived on a train from the City. They didn’t know each other but their paths were about to become inextricably  linked and this eventually led both of them to an embarrassing appearance at Marlborough Street Police Court.

Portland Road (now Great Portland Street) opened on 10 January 1863 as a station on the world’s first underground railway, the Metropolitan (you can see it in the illustration above). By all accounts it was a busy station with throngs of people struggling to make their way to trains or to exit from the platforms.

Frederick Pitts was just one of these commuters; a ‘carver and gilder’ living in Bolsover Street, Fitzrovia and thus a member of London’s growing ‘respectable’ middle class. Pitts was close to home and probably keen to get back for a late lunch or some tea.

Reuben Holmes was also on the platform that day. A teacher who lived in Kensington Gardens Square, Holmes was a lot further from his place of residence so was perhaps on his way to a tutorial or another meeting. Both men were in a hurry and probably not in the best of tempers.

As Pitts reached the gates he was pushed from behind. Some level of pushing was inevitable but he felt he’d shoved in ‘an unnecessarily violent manner’ and he turned round to complain  about it. Holmes was behind him and so he deemed him to be the culprit. Mr Pitts asked him to desist. Holmes, however, denied pushing anyone and the pair carried on their journey to the exit.

When they got upstairs to the ticket hall an argument flared up between the two men. Holmes told Pitts that ‘he must be in a bad temper’ to accuse him (wrongly) of pushing him.

‘It’s a lie’ declared Frederick Pitts, ‘you certainly did push me’.

‘Do you mean to say I am liar’, retorted the teacher, clearly angry at being called out by the other man in public.

‘I said nothing of the sort’ replied Pitts, ‘but I say you did push me’.

At this repeated slur on his character Holmes lost his temper and thumped the gilder on the nose. Outraged, Pitts called for help and a policeman was summoned and both men marched off to the nearest police station.

Once there the situation was calmed down. Holmes apologised and offered to pay for any ‘expenses incurred’ by his victim. In court the next day he said he’d not been aware of pushing anybody and, by way of defence, complained that Pitt had ‘spoken to him in a very disagreeable manner’. The pushing was a result of the crowd behind him he added, there was no intent to target Mr Pitts at all.

Most of all he objected to being called a liar, and having that repeated ‘several times and in a most offensive manner’. This speaks to late Victorian middle class concerns about status and character and was more important here than any violence.

The magistrate, Mr Mansfield, did the equivalent of ‘knocking their heads together’. Both had behaved badly and let down their class by squabbling in public. Holmes should have apologised for inadvertently pushing Holmes and the latter should have accepted it. Pitts should not have called the other man a liar and Holmes should have kept his temper in check and not struck out. He hoped both would have learned a lesson from the encounter. He then dismissed them both so he could return his court to more serious business.

[from The Standard , Saturday, March 17, 1888]

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]

Outrageous behaviour by “welshers” and “roughs”


The steam train had opened up Britain and given the Victorians opportunities to visit the seaside and enjoy other leisure pursuits, such as a day at the races. However, this came at a price because the train was a great social leveller, and so long as one had the funds the normal barriers to the mixing of the classes were weakened. Single female travellers were particularly at risk from the unwanted sexual advances of other passengers but, as this case (from the Southwark Police Court) shows, it was hard for anyone to escape bad or boorish behaviour on the railways.

On the 6 February 1879 two publicans  and brothers – Edwin and Walter Cole – had taken the Brighton Railway Company train to  Plumpton to watch the horse racing. When they got back to the station at Plumpton there was a crowd on the platform. Walter (who ran the Latimer Arms in Notting Hill Gate) explained what happened as he and his brother waited for the train:

They ‘were surrounded by a numbers of “welshers” and roughs, who attacked them, and attempted to rob them of their railway tickets and money’.

As they boarded the train the attack continued, and Walter was punched by one man and   had to get help from the guard to restrain him. The guard called Charles Jones, an inspector working for the railway company, who collared the attackers and shepherded them to a carriage at the opposite end of the train where he locked them in.

When the train reached London Bridge Edwin and Walter alighted and were walking towards the exit when two of the men that surrounded them at Plumpton rushed them . One aimed a kick at Walter before he was seized by the station master, a Mr Pierpoint, and Inspector Jones. The assailant, a man named William Butler, was then handed over to the police.

The police seemed reluctant to prosecute at first because there was no obvious injury to either of the Cole brothers. Butler was released and no other members of the group that had caused the trouble in East Sussex were arrested. Walter was determined to press charges however, and applied for a summons to bring Butler to court.

So, a few weeks later, on the 22 February, Butler found himself before Mr Partridge at Southwark having to deny he had anything to do with this ‘outrageous’ behaviour. He said he didn’t go to horse races, didn’t bet on the horses and hadn’t done anything wrong.  The evidence against them was pretty damning and the prosecution witnesses were respectable men and their stories were consistent.

Moreover an ex-detective from P Division appeared in court to inform his worship that the prisoner was a member of a notorious ‘gang of welshers and thieves’ who hung around race courses. They were were know as ‘Dutch Sam’s Gang’. ‘Hooligans’ were to become closely associated with the Southwark and Lambeth area in the 1890s and in 1888 the Pall Mall Gazette ran a feature about the various ‘gangs of London’ all of whom had colourful monickers like ‘Dutch Sam’.

There was laughter in the court as Butler’s affiliation was announced. Whether this came from his ‘chums’ or was a derisory reaction from the general public isn’t clear but Mr Partridge wasn’t in a mood to be amused. Despite the violence being petty and no real damage being done he handed the young man a two month prison sentence at hard labour.

[from The Standard, Monday, February 24, 1879]

p.s the term ‘welsher’ has, it seems, nothing to do with Wales and the Welsh people. According to the OED a ‘welsher’ is a ‘bookmaker who takes bets at horse races but who absconds, or refuses to pay if he loses’. It seems to have come into regular usage in the early 1860s. ‘Roughs’ was commonly used in the early Victorian period for groups of men at political demonstrations that acted aggressively; by the 1870s onwards it seems mostly to have applied to gangs of young men that were increasing seen as a social problem in British cities. Organised crime around British race courses is the subject of the BBC TV drama series Peaky Blinders, which takes the real-life story of the Birmingham gang as its inspiration, weaving in other race course gangsters such as Darby Sabini and Billy Kimber. ‘The inspiration for ‘Dutch Sam’s Gang’ may have been an early professional boxer of the same name who was popular in the 1820s.

‘All his trouble brought on by drinking’; a suspected burglar at Southwark


We know that London was a cosmopolitan city in the Victorian age, and that it sat at the heart of Empire and world trade. Ships brought cargoes from all over the globe and Britons traveled far and wide to work and seek their fortunes in foreign lands.

Charles Conran was one such individual. In February 1865, as the American Civil was coming to an end, Conran had recently returned from Brazil where he had been working as a navvy. He had been contracted by a firm in Victoria Street to help build ‘a railway near Rio Janeiro’ [sic] and had been abroad for three years.* Once home In London it had gone on what we might today describe as ‘a bender’; drinking heavily and spending the wages he had accumulated abroad.

This had not ended well for Charles. At half past one in the morning he had been discovered trying to break into a premises on Newington Causeway by a policeman on his beat. PC 163M had heard ‘a rattling noise’ outside a glove dealer’s shop and stopped Conran as he attempted to ‘force the bolt of a shutter box’ to gain entry. Since the man couldn’t give a satisfactory explanation of his conduct the constable arrested him and presented him before the Southwark magistrate in the morning.

The Police court was told that had Conran managed to shoot the bolt he would have been able to access the shop via a set of steps and could have plundered Mr Solomon Myers’ stock with impunity. Conrad insisted however that he was no thief; he had got drunk and lost his way, he had no intention to break in to Mrs Myers’ shop at all.

The police had conducted some enquiries and discovered that Conran was telling the truth about his return from Brazil. That added up, and his employers state that while they had given him some of his salary there was still more to come. So Conran wasn’t completely broke (and therefore motivated to steal from the glover’s) and this helped his case.

The magistrate was inclined to believe that this was an honest error on his part, that perhaps all he wanted was some shelter in the doorway of the shop, not to burgle it. When he was arrested all he had on him was ‘an old knife’ the policeman said. As for money, ‘he had not a farthing’. He wasn’t drunk but had clearly been drinking the justice was told, so he couldn’t be prosecuted as drunk and disorderly either.

The magistrate looked down from the bench and instructed the court officer to discharge Conran, suggesting to the former navvy that ‘he keep sober for the future’.

[from The Morning Post, Friday, February 17, 1865]

*The British had been active in the building of the Brazilian railways between 1840 and the 1880s. Schemes funded by the City of London and private investors had helped open up Brazil thought the period and into the 1900s

“I ain’t done nothing wrong by speaking to the gentleman”: a real life flower girl in trouble with the law


On Sunday I started a short experiment in my methodology by choosing to follow just one week in the Police Courts. I picked the year 1883 because it neatly corresponded with our calendar for 2018. If you have been following the stories from Sunday you will know that we have resolved the case of George Wyatt (who robbed a jeweller on Hounsditch), heard that Henry Rollings was given the benefit of the doubt by the Woolwich justice, and noted the limits of the law in helping a cab driver whose fare had run off without paying him.

The case that remained outstanding was that of Harry Harcourt, the deaf and dumb pauper who made a miraculous recovery in Lambeth workhouse and found himself facing a charge of imposture.

Harcourt doesn’t appear in the police court reports published by The Standard on Saturday 3 February, nor is he in The Morning Post. I thought I might see him in the Illustrated Police News because that was a weekly paper and would have had the time to develop a fuller story around him, but sadly he’s a ‘no show’ there as well. We’ll have to wait to see if he is in the Sunday papers tomorrow. 

Instead, the top story in the Illustrated Police News  is the case of Mary Lowry and two other (unnamed) women who were brought before a City of London alderman for making a nuisance of themselves outside Aldersgate Street railway station.

The case was brought by a City policeman who explained to Sir Thomas Owden (on oath) that Mary and several others were frequently to be found outside the station selling flowers for button holes. Passersby were forced to ‘walk out into the road to avoid pass these obstructions’ he said, and the girls’ behaviour bordered on the aggressive:

‘They were not content with asking people to buy their flowers’, he stated, ‘but they followed them and thrust the flowers in their faces’.

When the policeman tried to move them on or arrest them they quickly got out of his way, returning when he’d passed by on his beat. As a result he had obtained summons to bring them into court.

Mary now spoke up for herself:

‘Beg pardon, my lord, I wasn’t there a minute. I was in the road till a milk cart came along, and I just stepped onto the path to avoid being knocked down’.

Sir Thomas didn’t believe her; the policeman had given his evidence on oath and he doubted he would have lied or made it all up. The other girls said they were sorry but they were simply trying to make a living. Flower sellers were a part of London’s poorest community and sometimes trod a narrow path between legitimate commercial business and petty crime or prostitution. If one thinks of Victorian or Edwardian flower girls an image of  Eliza Doolittle singing her wares in Covent Garden immediately springs to mind.

Sir Thomas said he was ‘sorry that [the girls] could not find something better to do’ but was inclined to be lenient on this occasion. He adjourned the summonses for a month to see if they would desist from their behaviour, and ket them all go.

[from The Illustrated Police News etc, Saturday, February 3, 1883]

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