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]