An episode of ‘officious bumbledom’ as an 1890s dustman gets into hot water

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John Rooney had ‘parked’ his dust cart as he often did while he went to see he if there was any need for his services. The Lambeth based dustman had not been gone long but when he returned he found it had moved. As he looked around he saw the horse and cart being led away slowly by another man in the direction of the Vestry Hall.

Rooney ran after the cart and remonstrated with the man. The pair wrestled as the dustman attempted to get hold of the reins and the other resisted. In the melee the other man claimed he was ‘struck a violent blow in the chest and also behind the ear’. As a result he pressed charges against the dustman and Rooney found himself in court at Clerkenwell in front of Mr Bros the sitting magistrate.

His victim was a vestryman, a member of local (parish) government whose name was Joseph Walton. Walton explained that he had seen the dustcart standing unattended and had watched it for 10 minutes. When no one returned to it he decided to impound it and drew it away to the Vestry Hall.

Rooney’s lawyer, a Mr Cowdell, said his client had no idea who Walton was and so was understandably annoyed to see him ‘stealing’ his cart. It was normal custom for dustmen to leave their carts unattended ‘in a manner difficult for the horse to run off’ while they searched out work. In his client’s view, ‘it was a piece of “officious bumbeldom” for [Walton] to inferrer’ in this way.

We’ve all encountered a jobsworth at one point or other in our lives and know how annoying they can be. Walton was probably just following procedure however, and he could count on the support of the magistrate. Mr Bros determined that it was a violent assault and sentenced the prisoner to 21 days in prison. He later relented and changed this to a 40s fine.

I doubt it made Rooney much happier though; he had been dragged through the courts and fined for reacting to seeing his livelihood being taken away. I suspect Harold Steptoe would have sympathised with him.

[from Lloyd’s Weekly Newspaper, Sunday, February 28, 1892]

A distraught wife declares: ‘I intended to do for him, for his brutality and for leaving me’.

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A Southwark street in the 1890s

Serious violence such as attempted and actual murder was rarer in the nineteenth century than we might think from all the concentration of sensation literature and ‘murder news’ that has survived. Excellent work by Judith Flanders and Rosalind Crone has illuminated our understanding of the Victorians’ fascination with murder and gore but we shouldn’t conclude from this that homicides were an everyday occurrence.

Sadly, domestic and spousal violence was commonplace and the Police Courts were regularly witness to tales of wife beating as tensions in the home were brought into the public sphere. Magistrates tried to take a firm line with abusers but were often frustrated by the fact that survivors frequently refused to condemn their abusers in court; they were prepared to take them to law but not prosecute them fully, for fear of future retribution or losing the main breadwinner.

Nearly all of these victims were women but women did initiate violence sometimes and fight back when attacked. Men rarely prosecuted their wives however, because this would have suggested they had lost control of the household and that would have been a social catastrophe for their reputation.

So it is rare to see a woman in front of the courts for assaulting her husband or partner, unless there is a very clear and obvious reason, as there is with the case of Elizabeth Penning.

Elizabeth Penning had been living with John Walthe for several years. The couple weren’t married but lived as if they were. This sort of arrangement – normal today – was much more common than me might expect in the nineteenth century. Marriage was expensive and working class society did not demand that couples tied the knot officially, especially in large urban centres such as London.

It wasn’t a happy marriage however. John was having an affair and abused his wife. By his own admission he had ‘ill-treated [her] while he lived with her. He had broken three of her ribs, [and] struck her with a chopper, for which he had been punished’.

In late January 1860 he had been out drinking late and was on his way home. As he approached the Sir John Falstaff pub on Kent Street he noticed Elizabeth sitting on the step outside.

She challenged him, calling out: ‘What have you done with your woman?’

The pair rowed and John walked on. He hadn’t gone far when he heard female screams and rushed back and down Falstaff Yard, near the pub. There he found Elizabeth armed with a knife. She rushed at him and aimed  stab at his neck. The kitchen knife went in deep and blood flowed. John was taken to St Thomas’ Hospital and his life was in danger. He didn’t recover form his wounds for a month. Meanwhile Elizabeth was arrested while the courts waited to find out whether she would be charged with attempted or actual murder.

Fortunately for all concerned John survived and the case came initially before the Southwark Police Court magistrate, Mr Burcham in February.

Now that Waltin could give evidence more detail of what happened that night emerged. He’d not been alone when he passed Elizabeth at the pub. He’d had a woman on his arm and that was how the row had started. Elizabeth had threatened him and he’d dismissed this, telling her she ‘had not pluck to do it’.

PC 171M had been first on the scene, responding to the shouts from Falstaff Yard. He saw Elizabeth brandishing a bloodied kitchen knife and arrested her. She admitted stabbing her husband and said ‘she intended to do for him, for his brutality and for leaving her’. John was reluctant to testify against his wife, and admitted his own fault in the matter. Elizabeth said nothing before the justice, preferring to keep her defence for the jury trial that would inevitably follow.

The case did come before the Old Bailey and Elizabeth was convicted of wounding her partner. The trial unfolded with little more detail than we have from the pre-trial hearing. We do get to hear from Elizabeth however, who issued a written statement at the end of the case. This repeats some of the facts John admitted to at Southwark but adds considerably to a picture of his brutality and callous disregard for her. I’m not for a moment suggesting she was justified in stabbing him but it helps explain why she did so:

The prisoner put in a written defence, stating that she had lived with the prosecutor for seven years and suffered much ill treatment; that she had charged him at Southwark Police-court with cutting her head open with a chopper, for which he was imprisoned for three months; since when he has fractured three of her ribs, cut her eye open, and given her two severe wounds on the head with a pickaxe, which caused her at times not to know what the did or said; that he had kept her for three months without boots or shawl, so that she could not seek work, and got involved in debt, and that when she spoke to him about it he struck her; that she saw him on Saturday night with the woman in question, whom he told to give her a good hiding.

Having been found guilty Elizabeth was sentenced to six months imprisonment by the Common Sergeant.

[from The Standard, Monday, February 27, 1860]

Police rivalry as a City man busts a man from the Met

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Henry Morey served in the City of London Police, a separate institution to the Metropolitan Police created by Robert Peel in 1829. The City jealousy guarded its independence from central control and resisted calls to reform its policing in the long eighteenth century. In 1839 an act of Parliament gave the existing day and night watch full legal authority to act as the square mile’s police force and effectively ended attempt to merge them with the Met. To this day the City retains its own independent police who wear slightly different uniforms to their colleagues in the rest of the capital.

I suspect that as with regional forces outside of London, there is some tension between the City Police and the Met. This was certainly evident in 1888 when the Whitechapel murderer strayed onto City territory to murder Catherine Eddowes in Mitre Square. Now there were two sets of detectives hunting the killer and almost immediately they clashed over the finding of evidence in Goulston Street.

This rivalry or jealousy may well have manifested itself in small scale personal moments of friction between City police and their brothers in the Met. So when PC Morey found that he had a member of the Met in custody he must, at least, have felt a certain sense of superiority if not triumph. This is his story from February 1869.

Morey was watching a man named Smith who he suspected of smuggling. George Smith was a seaman and just before 9 o’clock in the evening of Wednesday 14 February PC Morey saw the sailor in King’s Head Court, Fish Street Hill. The hill ran down from the Monument towards London Bridge and was close to Billingsgate Market. Now it is all fairly quiet at night and few residents live there; in 1869 it is likely to have been a livelier place.

The policeman watched as Smith met with two others and handed over a package of goods. Calling for assistance the policeman moved in and arrested the trio. Back at the police station he established that Smith had been passing them contraband goods that he’d smuggled from the quays with the intention of avoiding the duty on them. There was some brandy, a bottle of Holland (jenever or Dutch gin) and a quantity of Cavendish tobacco.

Smith owned up to the offence at the station but claimed that the men, who were his brothers-in-law, were unaware that there was anything illegal about the transaction. He said he’d given the others the goods to say thank you for their support while he’d been in hospital recovering from an accident.

James Salmon was a local carpenter but the third man was James Brand, a Metropolitan policeman with 21 years service in the force. He had the most to lose from this court appearance, as his lawyer explained. Mr St. John Wontner told the magistrate (Sir William Anderson Rose) that:

‘there was sufficient doubt his [client’s] knowledge that the goods were contraband to justify the alderman in discharging him. He had been in the police force for a long period of years, and on quitting it would be entitled to a considerable pension (about 15s a week), but if convicted that pension would be forfeited’.

Brant’s station inspector appeared to vouch for his man, saying he’d had nothing said against the officer for 13 years (suggesting a not unblemished record however). Smith again pleaded in court that he was entirely to blame and the others knew nothing of it.

Sir William wasn’t convicted however. He declared that they must have know something was wrong, especially Brant who, as a police officer, knew the law. However, he was minded to be lenient where the man from the Met was concerned; he would only fine him £1 12s as his ‘conviction would be followed with serious results’ (i.e the loss of his pension most likely). Salmon and Smith were also fined similarly, with the threat of seven days in prison if they failed to pay.

I suspect there were some harsh words or long stares exchanged between PC Brant and his supporters and the members of the City Police gathered in the Mansion House Police Court. PC Morey was just doing his job, preventing the evasion of tax, but PC Brant had hardly been guilty of a heinous crime. For him, however, the result was potentially catastrophic. Not only did he lose his job and his reputation, he risked losing around £40 a year (just about £2,000 today) if the police canceled his pension.

[from The Morning Post, Friday, February 26, 1869]

Libel and crim.con as the ‘better sort’ are dragged through the Police Courts

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Sir Albert de Rutzen

Most of those appearing before the police magistrates of London were members of the working class. The vast majority were being prosecuted for all manner of petty and not so petty forms of crime and violence. When the more ‘respectable’ middle classes appeared it was usually as witnesses or victims (although there were plenty of these from the lower order as well – especially women) and the very wealthy rarely feature in the newspapers reports. T

here were exceptions however.

Crime was big news in the Victorian press and the daily ‘doings’ of the police courts are testament to the popularity of this amongst the reading public, of all classes it should be said. Alongside the police court news and the more sensational ‘murder news’ were the reports of adultery served up as scandal for public consumption. ‘Criminal conservation (or ‘crim. con’) cases offered readers a peep into the bedrooms of the rich and famous. This was where the ‘better sorts’ made the pages of the newspapers for reasons they would rather have kept to themselves.

Often linked eventually to divorce, crim.con proceedings were a legal procedure  whereby one man sued another for having an affair with his wife (on the basis that he could claim financial damages, as his wife was his property).

In February 1886 two wealthy individuals appeared at Marylebone Police court represented by their lawyers. Mr St. John Wontner was there to defend his client, Robert Bailey, against a charge of libelling the elaborately entitled Charles V. J. Frieden de Friedland and for assaulting him at the theatre.

The reporter is fairly careful to skirt around the issue at the centre of this case; namely that both men appear to have been having a relationship with the same woman, a woman that neither of them was married to. Her name was Mrs Astay and it isn’t clear whether she was married or a widow.

The magistrate, Sir Albert De Rutzen, was at pains to try and keep any of the details behind the libel accusation  out of his courtroom but, since some evidence had to be offered (so a formal committal could be made),  this was fairly difficult and ultimately impossible.

Prosecuting, Mr Lickfold explained that his client was a member of the Supper Club which had a premises in Paris and at Langham Place in London. Mr de Friedland was staying in London and had been receiving ‘communications’ from Mr Bailey.

These were quite unpleasant and contained ‘threats , and were written in a language quite unfit for publication’. Bailey and de Friedland had then met at the Alhambra in Leicester Square where they had argued.

Bailey had, he alleged:

‘knocked the Complainant’s hat of and abused him. In fact the conduct of the Defendant had been so bad that, unless restrained, the Complainant’s life would be insufferable’.

Wontner now cross-examined and this is where some of the detail that the magistrate presumably wished to keep hidden began to seep out. The readers would be able (as you will be) to fill in the gaps and make a judgement on what de Friedland had been up to and what sort of a man he really was.

De Friesland said he was a director of the Supper Club which was a respectable establishment and not a gaming club (as the lawyer must have suggested). He admitted that ‘baccarat was played there’ but refuted allegations of gambling. He admitted as well to being married, and that his wife lived in Paris but he wasn’t (as was suggested) in the middle of divorce proceedings with her. He also admitted knowing and visiting a ‘Mrs Astay’, but ‘refused to say whether he had been intimate with her’. He added that Bailey had been intimate with the woman, a libel itself if not true.

Mr Lickfold objected to his opposite number’s line of questioning but Wontner contended that his client’s defence in court would be that he was provoked and that he would counter sue de Friedland for libelling him. As such it was necessary to set his stall out at this stage.

The magistrate was not happy with this and told the defence lawyer to keep his defence for the senior court trial. He heard from several witnesses who confirmed seeing the trail of letters and cards sent to the complainant and fully committed Bailey for trial. He then bailed him on his own recognisances of £100 – a considerable sum – demonstrating the wealth associated with these two protagonists.

[from The Standard, Thursday, February 25, 1886]

Sir Albert de Rutzen died in 1913 at the age of 84. An obituary noted ‘his patience and gentleness alike with the highest of criminals and the Suffragettes, with whom he had to deal of late, were remarkable’. 

Outrageous behaviour by “welshers” and “roughs”

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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.

‘The knife at work again’ screams the ‘headline’ in the Chronicle

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David Connor was a drunk. And when he was in his cups he was extremely violent. Plenty of people would testify to that fact, including the police to whom he was a known offender.

In February 1857 he was up before Mr Tyrwhitt at Clerkenwell Police court on charge of stabbing James Roberts. Both men were costermongers – street traders who had a reputation for bad language, heavy drinking, and fighting. When they rolled up their sleeves and traded blows in a ‘fair fight’ no one really minded but when knives were involved the state intervened.

Roberts had entered the Coffee House pub on Chapel Street in Somers Town at about 8 o’clock at night. Connor – a ‘rough, dirty looking fellow; – was already much the worse for drink. The pair argued and Roberts left. He made his way to another pub, the Victoria, but Connor followed him and the two men quarrelled again.

This time they came to blows and Connor pulled out a knife and stabbed the other coster in the arm. As Roberts bled and sought medical help, Connor scarpered before the police could catch him. Enquiries were made however and the culprit was picked up and taken into custody. The police were adamant that Connor was guilty because he was known to be aggressive and ‘committed assaults on nearly every person he fell in with’.

Connor pleaded for leniency and said he was sorry, it would;t have happened if he hadn’t have been drinking. He asked the magistrate to deal with him there and then – knowing he would get a lesser sentence at the Police Court. Mr Tyrwhitt asked after Roberts’ health and was told that his injuries were not yet clear, and it was too soon for him to appear in court to give his evidence. He doesn’t seem to have been in mortal danger but under the circumstances it was appropriate to remand Connor in custody to see what charge he would eventually face.

The paper’s headline – the knife at work again – suggests a contemporary concern with mindless violence in the late 1850s. There was a growing concern about a criminal class and outbreaks of garrotting panics in the 1850s and 1860s fuelled this. I suspect Connor would have faced  a trial at the Sessions later that month and a faulty lengthy prison spell if he was convicted. Violence that involved knives was not considered very ‘British’ and he may well have paid the price for that.

[from The Morning Chronicle, Monday, February 23, 1857]

The limits of the magistrate’s powers exposed as the co-op is in the dock

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Mary Anne Loane was a ‘poor thinly-clad and wretched-looking’ woman who came to see the Thames Police court magistrate to seek his help. She told Mr Paget that she and her husband had been defrauded of 20s by the St George Co-operative and Provident Industrial Society.

She and her husband, a journeyman shoemaker, lived in Rosemary Lane – a very poor area of London. Mr Loane had invested 20s in the Co-op by paying in 3 and 6d whenever he could afford it. In return they were promised a dividend and ‘get provisions cheap’.

No interest was forthcoming however, and Mrs Loane complained that goods were actually more expensive in the Co-op stores in Cannon Street and its bakery on John Street than they were in her local grocer’s. She told Mr Paget she paid  a penny more for per pound for sugar in the Co-op and ‘candies were [also] a penny dearer at the stores’.

To add insult to injury when one of their children had died, and her husband had asked to retrieve his investment to pay for the burial fees, ‘he was told by the committee [of the Co-op] that it must be buried by the parish’. Being buried by the parish was the ultimate humiliation for poor families and many joined burial clubs to make sure they had the funds to avoid this. Mr Loane had probably thought he was insuring himself and his family against such an eventuality rather than dreaming of the ‘riches’ he could make from his investment but it had all come crashing down with he failure of the company to pay up.

The Loanes weren’t the only ones affected by this, there were other ‘sufferers’ and many of them crowd into Mr Paget’s court to see what he was going to do for them.

Sadly, he could do nothing at all.

‘I cannot help you’ he told Mrs Loane,

‘You must put up with it if you join such societies as these, where the magistrates have no jurisdiction’.

He asked to see the printed rules and regulations of the Co-opertaive society  and was handed a copy but that only confirmed his fears. He was powerless to act, the families would have nothing for their investments which, though small in the general scheme of things, were all the excess ‘wealth’ they had in the world.

An item printed after that day’s reports from the Police Courts listed the births and deaths in the metropolis in the year 1865. London had an estimated population of 2,999,513 in 1865 and the population was growing. Average weekly births outstripped deaths (2,052 to 1,413) and the report went on to state, with some pride, that the capital had dealt with the outbreaks of cholera much more effectively than had been the case on the Continent. Nearly 11,000 Londoners died of cholera in 1853-4 before Dr John Snow identified that it was spread by water and measures were taken to combat it.

July 1855 saw the ‘Great Stink’ and Joseph Bazalgette’s work to improve the city’s sewer system started the following year. His scheme didn’t cover all of London by 1866 however and when cholera arrived again it was the East End, and London’s poorest (like the residents of Rosemary Lane) that were most vulnerable.

[from The Morning Post, Thursday, February 22, 1866]