A little bit of common sense as Easter concentrates the mind of the ‘beak’.

Unknown

The magistrates operating at London’s several Police Courts applied the law as they saw it but used their discretion when appropriate. It is not accurate to describe the courts as spaces to demonstrate the power of the state but nor were they arenas for the poor to negotiate their way to a better life. Moreover, we must not see the magistracy as a group of like-minded individuals who always presented a united front, or who invariable took the side of the police or indeed, the wealthier or middle classes.

They did tend towards a moral position in most things; drunks, wife beaters and prostitutes could expect short shrift, as could recidivist thieves or tradesmen that attempted to defraud or trick their customers. Some justices had particularly fearsome reputations as ‘no nonsense’ law givers (like Mr Lushington in the late 1800s) while others might have earned contrasting reputations as ‘kindly gentlemen’.

In popular culture it is the character of Mr Fang in Oliver Twist that represents one contemporary view of the uncaring Police Court magistrate. Mr Fang, on no evidence whatsoever, initially sentences Oliver (who has fainted clean away in the courtroom though illness and exhaustion) to ‘three months – hard labour of course’. Dickens had reported on the courts of the metropolis and was aware of the institutions he was critiquing and the men that served them. He used Mr Brownlow as the voice of reason and charity who ultimately saves Oliver from being caught up in the Victorian justice system.

Sometimes though we do get a sense of the humanity of the Victorian bench and perhaps at certain ties of the year this was more likely to be highlighted by the court reporters who attended these daily summary hearings. The reading public may well have needed to reminded that while justice was swift and harsh for those that deserved it, it could also be ‘just’.

Easter was certainly a time when charity and ‘good Christian’ values were uppermost in everyone’s thoughts, especially the upright moral middle classes of Victorian England.  Over at Westminster Police court in March 1865 Easter was just a fortnight away and Mr Arnold was in the high seat of the courtroom. He had several charges that day one of whom was James Davis. Davis cut a melancholy figure in court:

‘A poor, miserable-looking fellow, covered with rags, was brought up on remand’ the report described, ‘charged with hawking without a license’.

Davis had been held in the cells for a couple of days while enquiries had been made, and this experience had clearly not done him much good. This probably factored into the justice’s decision-making, but before we leap to the conclusion of the case let us door-to-door the circumstances of the charge.

PC Rowe (113 B) was on patrol in Chelsea when he noticed Davis wandering from door to door in King’s Place off the King’s Road. A ragged looking individual had no business being in such an elevated part of town and the policeman was immediately suspicious. There had been a series of burglaries and robberies recently, committed by people that pretended to sell things at the door (we are familiar with this sort of trick today).

As Davis left one house PC Rowe collared him and asked him what he was doing. Davis was indeed trying to sell stuff and had a card of shirt buttons  and the previous householder had bought some from him. Rowe asked him if he had a license to sell goods in the street and off course since he didn’t, he took him into custody.

On his first appearance before the magistrate Davis pleaded poverty, saying he was ‘half starved’ and was trying to ‘get an honest living’. Nevertheless, the law was the law and Mr Arnold reminded him so that he could seek advice from the relevant authorities. In this case that was the Inland Revenue and a few days later a gentleman from the Excise appeared.

The offence Davis had admitted to carried a maximum fine of £10 but the revenue man said this could be reduced ‘by a quarter’ under legislation passed in 1860 and 1861. This was still a huge sum for a man in Davis’ parlous state to find. £10 was the equivalent of almost £600 in today’s money and would have bought you a skilled tradesman’s labour for a nearly two months. Davis was selling his buttons for a few pennies, and trying to scrape a few shillings together to eat and put a roof over his head.

So taking all of this in account Mr Arnold acting with charity, compassion and no little common sense. This man, he declared:

‘could not pay £2 10s, and if he sent him to prison it was for trying to get an honest living. Nothing was known of him [meaning he was not ‘known to the police’ as a repeat offender or trouble maker] and he (Mr Arnold) should not put the law into force’.

He told him he ‘must not do it again’ but released him on his own recognizances with the warning that he might be required to attend his court again in the future, presumably if he was caught selling without a license once more. Another man was similarly convicted and released, so that Mr Arnold could award punishment at a later date. The inference was that as long as he behaved himself and obeyed the law, that ‘later date’ would not transpire.

Quite how James Davis managed to keep himself together and earn his ‘honest living’ without being able to afford to purchase a hawking license is not clear, but at least he was out of gaol and with no stain against his character.

[from The Morning Post, Friday, March 31, 1865]

‘A very noble and intelligent dog’ saves a life the ‘owner’ had given up on

raisingcleopatrasneedle

In late March 1883 Thomas Lyford was walking his dog along the Victoria Embankment when the animal suddenly headed off towards Cleopatra’s Needle. It raced down the steps to the water, turned, ran up, ‘barked twice and ran back’. Lyford followed quickly afterwards instantly realising that something was wrong.

The dog was a retriever/Newfoundland cross, and the latter were bred for rescuing people from the water. The dog had seen a woman in the Thames and swam out towards her. When the animal reached her it used its large jaws to pull her back towards the river side a where Lyford was able to grab her by her dress and haul her onto the steps at the foot of the Egyptian monument.

The police and a surgeon arrived soon afterwards. They had been alerted earlier when a patrolling constable (PC 281) had noticed the woman acting strangely near the Needle. To his horror he’d seen her launch herself into the Thames in what appeared to be an act of self-destruction. The constable ran as fast has he could towards the Thames Police Office (which was at the foot of Waterloo Bridge on the north side of the river) to raise the alarm and have a boat launched to save her.

It was half past eight at night when the policeman had seen the woman jump so without the quick reactions of  Lyford and his dog she may well have drowned. Instead the woman was taken to the workhouse infirmary where, after some time, she made a full recovery.

As regular readers will know this was not the end of the story because very many people chose to attempt suicide in the 1800s and since it was against the law those that failed in their efforts were brought before the metropolitan Police Courts to answer for it. This woman’s name was Amelia Crickland and she was placed in the dock at Bow Street before Mr Vaughan while the case against her was heard.

We get no real sense of why she threw herself into the river but this is probably because the court reporter was more interested in the canine rescue story, which was described in detail. Thomas Lyford stood in the witness box with his dog. The animal ‘placed its fore paws on the ledge of the box, looking round the court in a most intelligent manner’.

‘It is a very noble and intelligent dog’ Mr Vaughan commented.

‘Yes, he came and told me that something was wrong as plainly as any Christian could,’ the proud dog owner replied.

The unnamed dog was the hero of the hour, poor Amelia (who could only put her decision to drown herself down to ‘some trouble she had’) was sent to the house of detention to wait final judgement on her punishment. ‘Some trouble’ may have meant she was pregnant, or had lost her employment, or some other disgrace she found too awful to bear. Sadly society wasn’t that interested in what had driven her to despair and the reality was likely to be that when she got the chance again she’d make sure there were no eagle-eyed policemen or rescue dogs nearby.

[from The Standard, Friday, March 30, 1883]

Cleopatra’s Needle (which had little or nothing to do with the Egyptian queen) had arrived in the capital in 1878 and so was still a fairly new attraction on the Embankment. It was paid for by public subscription to commemorate victory over Napoleon in Egypt and it had survived a tempestuous journey to reach London. I wonder how many visitors to London stop think of the number of people that ended (or attempted to end) their lives in the water that lay just beyond this symbol of British military power? 

The ‘Peculiar People’ and the tragic death of little Alice

article-2450832-189DD05D00000578-714_964x594

After yesterday’s bank holiday violence and drunken disorder the reports from the London police courts returned to more criminal topics. At Bow Street a fugitive from Cape Town in British South Africa was refused bail on a charge of stealing diamonds and £1300 in cash. while at Mansion House John Thompson was committed to face trial at Old Bailey for several thefts in and around the Inner Temple law chambers. In the end he was convicted of stealing a hat brush and a coat, while seven similar charges were taken into consideration. He was gaoled for nine months.

Over at Lambeth an unusual case unfolded. It had come before the magistrates before but was now to be resolved the paper reported. It concerned the death of a child and the suggestion of negligence on behalf of the parents.

Robert Cousins, a 27 year-old man living in Orient Street, West Square, Lambeth was presented before Mr Chance and charged with the manslaughter of Alice Maria Cousins, his 11 month old daughter. Dr Price from Guy’s Hospital said that his post mortem examination revealed that baby Alice had died from tuberculosis and pneumonia. The magistrate quizzed him as to whether the child might have lived had the father summoned a doctor, which he clearly hadn’t. She may have, the doctor confirmed, but it was far from certain.

Why hadn’t Cousins sought medical help? Was he too poor or was there another reason?

This became apparent when the next witness took the stand. She was Matilda Taylor and she said she belonged to a Christian sect called the ‘Peculiar People’. A branch of Wesleyanism, the Peculiar People (sometimes conflated with Quakers) did not believe in medicine. Instead Matilda insisted, they chose instead to pray for Alice’s recovery and leave her fate to God.

‘Supposing your leg is broken’ Mr Chance demanded, what would she do then? ‘The Lord has not told us what to do in that case, but he does tell us in sickness what to do’.

So we must presume that the Cousins were also members of this branch of Christianity.

Mr Chance was not impressed:

‘It is really wonderful how persons can have such narrow-minded fanaticism’ he quipped, before adding that ‘it is a most guilty and unfeeling conduct to adopt. You take just one passage or so from the Bible, instead of taking it as a whole’.

Nevertheless he dismissed the charge of manslaughter on legal grounds, suggesting instead that the Public Prosecutor might wish to bring a case of endangering life by neglect, which brought a sentence of six months upon conviction. The ‘peculiar people’ then upped and left his court, presumably followed by dark looks and murmurings of righteous indignation from the public gallery.

[from The Standard, Thursday, March 29, 1883]

This isn’t the only reference to the Peculiar People and clashes with the legal system in Victorian London as this blog suggests

Bank Holiday drunkenness and violence drives the press narrative at Easter 1883.

3

No sign today of the return of the cake scandal from yesterday but we’ll stay rooted in the police court reports from 1883, 135 years ago. These reports reference the preceding bank holiday (Monday 26 March) which must have been Easter Monday. In the late Victorian period England only enjoyed four bank holidays (Easter, Whit Monday, the 1st Monday in August and Boxing Day). These had been introduced in 1871 and were in addition to the Good Friday and Christmas Day closures that existed before Sir John Lubbock brought his legislation before parliament that year.

The press frequently commented on the effect public holidays had on the working population, an effect it seems they thought far from positive. Public holidays were associated with crowds gathering in the parks and at the coast and, more detrimental to the public good, the consumption of alcohol in large amounts.

At Worship Street Police Court ‘exactly half’ the day charges were related to drink: ‘such as disorderly conduct, drunk whilst in charge of horses and vehicles etc, common assaults…’ A policeman brought in one belligerent who he said was responsible for an assault using a belt marked with words ‘skeleton army’ which implied gang membership. Since there was no real proof the fellow had done nothing that he could be charged with Mr Hannay released him.

Over at Southwark three other gang members were paraded before the magistrate, Mr Bridge. Edward Walters (20) James Walters (19) and William Robinson (20) were alleged to be affiliated to the Black Gang. There were accused of a violent street robbery carried out in Union Street in the Borough. Their victim was William White who had sustained injuries too severe to allow him to attend court in person until now.

Between 12 and one in the morning of Sunday 4 March 1883 the three gangsters had jumped White in the street and knocked him to the ground.

‘One man placed his foot across his eyes, while another put his hands in his pockets’ the court was told. ‘While struggling with them he received such a brutal kick in the side of the head that he became insensible, and he had no recollection of anything after that until he found himself in Guy’s Hospital’.

White was still in pain and hadn’t been too clear about the identities of the men that had attempted to rob him. He’d given some information to the police who had apprehended the men quite quickly with the help of a witness, who’d helped out at the scene. The three men were fully committed to take their trial at the next sessions.

Over at Thames the story was similar to that at Worship Street: 36 cases mostly involving alcohol that included ‘drunk and disorderly conduct, wilful damage, refusing to quit licensed premises when requested, assaults, and attempted suicide’.

The picture the press gathered then was a sorry one. The working class, left to their own devices, used the extra day off work to get drunk, fight, challenge authority, and even fall so far into inebriation that in despair they attempted to take their own lives. The appearance of gang violence sandwiched within this tale of low-life degradation was quite probably deliberate. It reminded the readers of the press that at its worst the working class of England were animalistic and violent, especially when they were allowed to indulge their passion for ‘the demon drink’.

[from The Morning Post, Wednesday, March 28, 1883]

‘Here’s a man who is able to buy an inspector for a shilling, a sergeant for sixpence, a constable for sixpence’. The great cake controversy of 1883

970px-From_'Street_Life_in_London',_1877,_by_John_Thomson_and_Adolphe_Smith._(6257456398)

I am going back to 1883 for the next few days. Regular readers will recall that I sampled a week’s news from the Police Courts of the metropolis earlier this year and traced a number of cases that came up more than once. Today’s story may be another of those as it ended with the defendants being required to reappear, bound over on their own recognizances. This case is also interesting because it hints at contemporary concerns about police corruption or, at best, favouritism, and at how this affected those that plied their trade in the local streets and markets – a regular battleground between costermongers and ‘the boys in blue’.

In March 1883 James Williams and Samuel Stephenson were charged before Mr Shiel at Wandsworth Police court with ‘playing at a game of chance and causing an obstruction’ in Battersea Park Road. They had been brought in by Detective Gilby who said he’d been alerted to the crowd that had gathered around the pair’s barrow as it stood on the road on Saturday evening. He and his fellow detective, DS Vagg, watched the men operate what they believed to be a swindle.

The men appeared to be auctioning cakes using a ticket system. Detective Gilby described what he saw:

‘The prisoner Williams took eight tickets from a box, pretended to shuffle them, and sold them at  penny each. After the tickets were collected he called out a number, and pointed to a person as having won a cake’.

The police officers explained that Williams then called out to the crowd that they could swap the cakes for sixpence if they preferred, making this possibility now to win money rather than cake by gambling on your ticket coming up. A boy working for the men handed out several cakes, three of whom were returned to him, presumably in the hope of turning their pennies into sixpences.

Detective Sergeant Vagg bought three tickets to test the system and catch the men red handed. When he had handed the tickets over to Stephenson he had effectively proved they were operating a ‘game of chance’ (rather than simply selling cakes) and he arrested them and took them back to the station. He accused them of swindling the public by placing stooges in the crowd to make it seem as if it was a fair raffle, when in reality the whole thing was staged (as so many street swindles were – or are).

The men denied it and Williams went further, alleging police corruption.

‘Here’s a man who is able to buy an inspector for a shilling, a sergeant for sixpence, a constable for sixpence’ he said, although it is unclear who he meant to be the target of that remark. Quite possibly it was the informant that had told the detective Gilby about the illegal game in the first place. Perhaps this was a rival coster who wanted to reduce the competition or even a trader that paid a premium to ensure that he wasn’t the subject of unwanted police attention.

Mr Shiel was not keen to have this kind of talk in his court and tried to close down that particular line of enquiry. Williams was glad to have the case taken before the magistrate he claimed, as he had long ‘been persecuted by the police’.

The pair claimed merely to be selling cakes at sixpence a go and said they’d not used a ticket system since they’d been arrested and charged with doing so by the same officers some time ago. The suggestion was that the police were either making the whole thing up or prosecuting them for misdemeanours in the past, in order to persecute them. It sounded pretty far fetched but they were able to produce a witness of sorts who backed them up.

Charles Lloyd was described as a comedian, living in Bermondsey. He told the court that he’d been standing at the corner of the street near to where the men’s barrow was when he overheard “two gentlemen” (indicating the two detectives in court) say ‘they meant to have a cakeman, whether he had any tickets or not’. Lloyd said he watched for 15 minutes and saw Williams and Stephenson selling cakes by auction but saw no tickets. When the men were arrested the crowd rushed forward to take their cakes.

Mr Shiel said he would like to speak to the boy that had supposedly been collecting the tickets and Williams told him he was sure he could produce him. At that point the pair of ‘cakemen’ were released to appear at a later date. We shall see if they make the pages of the newspapers before the end of this week.

[from The Standard, Tuesday, March 27, 1883]

A drunken attack on a compassionate ‘bobby’ or an example of police brutality? You decide

Jack 54

Given that the Victorian police patrolled set beats across London late into the night it is hardly surprising that they spent a considerable amount of their time dealing with those they found drunk and disorderly or drunk and incapable. While some were happy to go home quietly others resisted the police, with mouthfuls of abuse or by resorting to physical violence. Sometimes the offender would be allowed to sleep off his or her inebriation at the ‘nick’ but if they had added to their offence by attacking the officer that arrested them they could expect an appearance before a Police Court magistrate in the morning.

This was the fate that awaited Daniel Donnell, a ‘rough looking fellow’ who had been found dead drunk in the gutter by PC Colville of H Division (the police division that would later head the investigation to capture ‘Jack the Ripper’). PC Colville was making his way through Roberts Place when he noticed a man lying off the pavement and ‘foaming at the mouth’.

The constable knelt down and helped the man to sit up before undoing his shirt collar and scarf so he could breath more easily. It took a few moments before Donnell achieved consciousness but when he did he reacted badly. When the PC asked him where he lived he refused to say and ‘commenced to make use of most disgusting language’ before punching the policeman hard in the face.

As the copper reeled Donnell attacked again, punching him and knocking him to the floor where he started kicking him in the side. Another offer was soon on the scene and he struggled with the drunk. In the end it took several officers to secure Donnell and frog-march him to the station.

When the case came before Mr Saunders at Thames Police Court Donnell claimed he’d only been defending himself. He alleged that PC Colville had attacked him with his truncheon first, something the policeman denied. This defence might have had more credence if Donnell had reported it to an inspector when he arrived at the station house but there was no record of him doing so.

Mr Saunders didn’t believe his story and with more than one policeman lining up to verify each others’ account of that night Donnell had little chance of being believed anyway.

The magistrate told him that ‘such scandalous conduct as he had been guilty of could not be tolerated, and he would go to prison for seven days with hard labour’.

This is one of those cases in which two very different accounts are possible but only one emerges as being plausible to the press and magistracy. It is deemed inconceivable that the police would use violence against a working class man found drunk in the street who resisted attempts to move him on. The police present themselves as the victims in a situation where they acted out of concern for a drunk’s welfare and were met with violence and abuse as a result of this.  There is clearly a possible alternative scenario here but given that the policemen of H Division could present a united front there was zero chance that anyone would believe it. How many more ‘drunk and incapable’ or ‘assaults on the police’ could be interpreted differently if independent witnesses had been around to validate them?

That said it is equally possible that Donnell was simply a violent, foul-mouthed drunk who did exactly as described  and fully deserved the week’s incarceration he received from the ‘beak’.

[from The Illustrated Police News, Saturday, March 26, 1881]

‘He is excited when he gets anything to drink, and is not responsible for his actions’; arson and sibling rivalry in Victorian Limehouse

21791

When PC Walter Stratford (K 376) arrived at Nesbit’s Rents, off Three Colt Street, Limehouse he found chaos and confusion. The property was owned by Mary Charlton and her husband and there were three other families living there. PC Stratford was directed up to the room occupied by the Cullens (two brothers – John and Micheal – and their sister, Elizabeth).

Elizabeth was screaming her head off and a small fire had engulfed one of the two beds. Michael Cullen was sitting quietly on a chair smoking his pipe. Soon afterwards a second officer arrived and he tried to calm the situation as the household, many of them dressed only in their nightgowns milled around outside.

The policemen, John Cullen and Mary Charlton all helped beat out the flames and then the finger of blame was pointed at Michael who was arrested and taken to the nearest police station for questioning. There he apparently admitted setting the fire in the bed because he wanted more space. He shared with his brother while Elizabeth slept in her own bed. When John had refused to move over, Michael had set light to the bed clothes to force him to. John had been woken by his sister’s cries of ‘fire!’ and had leapt up, grabbed his brother, and punched him hard.

By all accounts Michael was drunk and when he was drunk he changed from being the quiet and inoffensive character his married sister, Ellen, later testified to, into a very different person. ‘He is excited when he gets anything to drink, and is not responsible for his actions’, she told an Old Bailey judge when her brother was eventually tried for arson in April 1889.

Fortunately tragedy was avoided and no one was hurt by Michael’s reckless desire to have a more comfortable sleep that night but at the Thames Police court the 12 year-old cabinet maker was still formally indicted for the offence by Mr Lushington.

Michael Cullen apologised for his actions at the Old Bailey and claimed he never intended to do anyone any harm. He admitted his inebriated state and claimed to remember little of what had happened. He added that it was the first time he’d been in trouble with the law. The jury believed his version of events and acquitted him.

The circumstances reveal the reality of living conditions for many of those living in the East End of London in the later 1800s. Three siblings, all in their early twenties, shared one room in  house of multiple occupation. In total somewhere between nine and 15 or more individuals lived in Nesbit’s rents, and tensions must have flared at times.

In the late 1800s Limehouse had a poor reputation as a centre for drugs and crime and Three Colt Street, where the Cullens lived, was at the heart of London’s Chinese quarter. More recently Limehouse has featured in a major film version of Peter Ackroyd’s novel Dan Leno and the Limehouse Golem. The film is fun but the book is much better.

[from The Standard, Monday, March 25, 1889]