The student who thought he knew the law better than a magistrate

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John Williamson was a Law student who lived in Queen’s Road, Bayswater. In November 1874 he entered the Spread Eagle pub  accompanied  by a soldier he’d spent the afternoon drinking with, and demanded to be served.

The publican, Mr Barwell, took one look at Williamson and his companion and decided they were drunk and so refused to serve them. Victorian landlords were wary of serving drunks because they were obliged (under the terms of their licenses) to keep ‘orderly’ houses and overly inebriated customers could be troublesome.

The law student took this refusal badly however, and when he got outside he took out his anger on the landlord by smashing one of his windows before running away. The police were called and Williamson was arrested in Davies Street nearby and taken into custody.  He was then held overnight at a police station before being presented at Marlborough Police Station in the morning charged with being drunk and causing criminal damage to the value of £4.

Williamson, as a student of the law, decided (unwisely it has to be said) to challenge the legal basis for his arrest. He declared the arrest was unlawful because the ‘constable did not see him break the window’. Instead of arresting him and holding him in custody the policeman should have taken his name and address so that Mr Barwell could have applied for a summons.

Mr Newton (the sitting justice at Marlborough Street) told him he was wrong. The constable had acted correctly; the young man was drunk and acting in a disorderly manner. He convicted him of the damage and ordered him to pay for the damage he’d caused. In addition to the £4 for replacing the window he fined him 20s (a not inconsiderable amount) for being found drunk. The magistrate warned him that if he failed to pay either of the sums owing he would go to prison for six weeks.

It was an object lesson in presuming to know more than one’s ‘betters’ and I’m fairly sure the experienced legal professional enjoyed making his point absolutely clear to the precocious young undergraduate. Whether the  lesson was learned is a moot point.

[from The Morning Post, Tuesday, November 24, 1874]

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