A young man is ‘saved’ by a clever use of the legal system

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A curious case today, where the intention of the prosecutor may well have been something quite different than it at first appeared.

The defendant was a woman named Mary Ann Downes and she had been brought to the Marlborough Street Police Court on a charge of assault. Two gentlemen had first presented themselves before Mr Dyer the sitting justice, to request a warrant. One of the men explained that his brother:

‘a young man of rather weak intellect, had got connected with the woman, and had left his friends, who were persons of station and property, to live with this woman, who so completely got him under control that she will take care that he will have no intercourse with his relatives’.

I’m sure it was not the first or the last time that a young man friends and family had taken exception to his choice of partner, but he was over age (22) and quite able, one would think, to decide things for himself. Unless that is, the term ‘weak intellect’ suggested that he was more seriously mentally ill or particularly stupid.

Either way the two men were determined to separate their friend and brother from the woman and turned up at his house at 8 Bidborough Street in a post chaise with the intention of taking him away to the country. Mary Ann was having none of it however.She remonstrated with them and would not let them in; when they pressed their case she hit them.

Perhaps this was their intention all along because now they had a case for accusing her of assault and Mr Dyer issued the warrant.  A hackney carriage was despatched – this time with an officer of the court (Mr Carter) on board – to execute the warrant and bring Mary Ann in.

Sometime later it returned with the accused woman and a very disheveled officer. Carter  was ‘in a violent perspiration, and the woman’s dress and appearance indicated that a severe struggle between them had occurred’. This had been no easy arrest.

Carter, on oath, told the court that Mary Ann had resisted arrest and had put up such a struggle that he was forced to call a policeman to help him. Mr Dyer turned to the woman and demand to know why she had assaulted the officer.

‘I did not know what he came for’ she replied.

‘I exhibited the warrant’ grumbled the officer, clearly still suffering from the encounter with this formidable woman.

‘You did not’, she retorted, ‘you pulled and dragged me about very much, and would not let me lock up my drawers or my drawing room’. She then added: ‘the warrant was for the purpose of getting me out of the way, so they might take away my husband, Mr Downes, who is not capable of taking care of himself or his property’.

Mary Ann was described as ‘bony and thin’ and an ‘altogether vulgar character’. Her age was put at 35 so she was much older than her ‘husband’ (if they were indeed married). The magistrate bailed her for the assault but noted that the two men who had requested the warrant had not returned to prosecute. In all likelihood Mary Ann was correct in her accusation that the warrant was a ruse; regardless of whether she had hit or assaulted anyone the two gentlemen had used the summary court system to extricate a young man from a domestic situation   that they clearly believed was detrimental to his health, wealth and social position.

One can only imagine the fury that Mary Ann Downes might unleash if she ever got to see him or the two men ever again.

[from The London Dispatch and People’s Political and Social Reformer, Sunday, September 2, 1838]

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