Two ‘dangerous female thieves’ opt for the best ‘worst case’ scenario

Poplar High Street in the late 1800s

Thomas Thomas had only recently docked in London from a long voyage out of Adelaide, Australia. The steamship fireman had picked up his wages on the Monday and headed from his digs to a beer shop in Poplar to relax.

As he sat drink ‘some ale’ two women approached him and asked him to join them. This was a fairly standard approach for the area’s prostitutes and I expect Thomas knew what he was letting himself in for when he accepted their invitation.

Ellen White and Elizabeth Johnson, (described in the report as ‘dangerous thieves’) were clearly well-know to the police and courts and were soon deploying diversionary tactics to rob the sailor.

As Johnson held his attention in conversation White,’thrust her hand in his trousers pocket and took from it a bag containing three half sovereigns’.

Thomas felt the attempt on his purse and grabbed her, but wasn’t quick enough to prevent her passing ‘something’ (his money most likely) to her confederate. Both women rose and quickly tried to get away with their prize. But Thomas maintained a firm grip on White and ‘called out lustily for the police’. Within moments both women were in custody and were taken to the police station.

A ‘female-searcher’ was employed to search both prisoners but nothing was found on them. She reported, however, that while she conducted the search she thought she saw both women swallow something. One of the police constables present at the search also said that he believed each defendant had swallowed at least one coin to prevent any evidence being found on them.

In court at Thames both women protested their innocence before Mr Selfe, the sitting magistrate. He told them them that in the circumstances he was going to commit them for trial before a jury. At this the women asked him instead to deal with them summarily, as they would receive a much reduced sentence if he did.

‘Oh, settle it here. Settle it here, sir; pray do, Mr Selfe’ they pleaded.

‘You say you are innocent, and I can’t settle it here’ replied the justice. ‘If you plead guilty I will settle it now. Are you guilty or not guilty? You may plead now or be committed for trial.’

White and Johnson were clearly upset at being put in this situation and continued to protest their innocence, presumably knowing that the lack of any hard evidence against them meant there at least was some doubt whether a jury would convict. ‘It was very hard to be charged with a crime they did not commit’, they argued. Mr Selfe was adamant however: they had to plead guilty if they wanted him to determine their fate, otherwise a jury would decide.

The women now conferred and must have been weighing up the chances that a jury might convict them anyway, and that they risked a much more severe prison term from the Middlesex sessions if convicted. Eventually they reluctantly agreed to confess to the theft and take their punishment.

Now a policeman piped up and said that Ellen White had a previous conviction for stealing and had served a month in prison for it. Mr Selfe said he was not interested and declared that he knew both of them well as defendants in his court.  Since Thomas Thomas was soon going to return to the sea he said he would deal with them today and sentenced both women to three months imprisonment with hard labour.

I think this demonstrates the problem facing petty thieves in court in the period: arguably they had committed the crime anyway but there was no hard evidence to convict them. Any lawyer worth his salt would have got them off but they hadn’t the funds to employ one and must have thought they’d been clever enough to avoid being convicted.

Mr Selfe could have dismissed the case but he knew them, as did the police. There was a good chance that a jury might have acquitted them for lack of evidence and because it was hardly likely that Thomas would have stuck around to press charges and appear in court; his occupation meant he would at sea for months at a time.

So this was a case of risk assessment and brinkmanship. In this case the women blinked first and chose a short spell in prison as a better alternative to the longer one they might have suffered had a jury found them guilty. As to the missing sovereigns, well, everything passes eventually…

[from The Morning Chronicle , Wednesday, October 26, 1859]

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