Today’s story picks up on where we left it yesterday, with a young lad of 12 being committed for trial for killing another youth in a fist fight at Rotherhithe. A police inspector from the Thames office was also charged with being an accessory, as he was seen to encourage the boy to strike down his opponent. The trial took place on 10 May 1858 in the Central Criminal Court at the Old Bailey.
Martha Warren was the first witness to take the stand. She swore that she saw the fight taking place in Cross Street, Rotherhithe at 1 in the afternoon. There was a ring of boys surrounding the pair, but only three adults were present, one of whom was Henry Hambrook a police inspector although at the time he was on sick leave and was quite close to retiring from the force.
Martha testified that she had heard the policeman utter the words ‘Give it him right and left, and hit him once under the ear, and he won’t want to fight again’, and soon afterwards saw the victim, Thomas Boulton, fall down after William Selless landed just such a blow under his ear. It was clearly a shock to William to see what effect his assault had had on the other boy, and as we saw yesterday he ran all the way home to his mother scared of what would happen next.
Martha was able to identify one of the three men gathered at the scene, his name was John Ventham, and she must have known him as a local man. Under cross examination she was clear that none of the men had tried to separate the lads, instead they watched and encouraged the fight. She heard Hambrook tell Sellers:
‘Keep up to him, young one, and give him right and left’ before whispering something else in his ear.
When Boulton fell to the floor with a scream Hambrook did nothing to help she added, but simply ‘put up his hand and went away’. Others did come to help, including a woman who rushed over to fetch some water in a tub. The stricken lad was carried off by one of the bystanders, a Mr. Kitchen, but died of his injury.
James Francis also witnessed the fight and heard the policeman offer his advice to Selless. He gave some background to the fight as well, telling the court that the two lads were actually friends and that the quarrel between them had arisen over ‘three buttons’ and an accusation that Selless had failed to look after the other boy’s goat. Boulton had started it and he was, as others had noted, the taller and slightly older of the pair (Boulton was 13, Selless just 12).
The fight was conducted like a boxing match – the pair traded blows and they fought in rounds. Selless had been knocked down early in the conflict, but regained his feet. Perhaps the crucialy part of Francis’ testimony was when he said that ‘they fought very severely for little boys, [but] not so violently as they did when Hambrook came’.
This suggested that the police inspector, who should surely have put a stop to the fight actually chose to escalate it and his actions had a direct impact on the tragedy that happened that day.
The fight seems to have been quite well balanced for the most part, Selless went down twice, his opponent three times, as they squared up to each other. It must have gone on for 15 minutes or more before Selless landed his fatal blow. Thomas Simpson, a local surgeon, who testified that the cause of death was a ruptured blood vessel close to the lad’s ear, examined Boulton. He suspected that the injury was caused by the fall however, not the blow itself. It was an accident born out of the fight, nothing deliberate or malicious.
‘The sudden fall would be quite sufficient to rupture the blood vessel’ he said, ‘considering the excited state the vessels were in—it was what would be called an apoplectic fit—there was not the slightest mark under the ear’.
Simpson then offered Hambrook a character witness saying he was ‘a kindly disposed, humane person’. Several others stepped up to give similar testimonials for the policeman including the officer that arrested him, who added that he was about to be pensioned out of the force on account of his failing health.
The jury were directed to convict both defendants on the strength of the facts given in court and they duly did. Both were recommend to mercy however, and the judge took this into account in sentencing.
He sent Sellers to prison for just three days, accepting that he had no intention to cause the death of his friend. As for Hambrook he also accepted that the man had no desire to encourage the boy to kill and that if he had ‘he should pass a very different sentence’ upon him. However, he was a police officer and his had a duty to uphold the law and keep the peace.
Instead ‘he had incited the boy Sellers [sic] to continue the contest; and there was no doubt that owing to his suggestion the fatal result had taken place’. He would therefore go to prison with hard labour for three months.
At this Hambrook pleaded for mercy. He was ill, suffering he said from heart disease and wouldn’t cope with hard labour. The judge, Baron Martin, was implacable, there was no way he could reduce the sentence he said and the policeman was taken down. Hambrook was 52 in 1858 so while not old, he was not young either and he might have expected a hard time in prison (as all coppers can). Moreover his disgrace would have meant the loss of his pension along with his liberty and livelihood. As for William Selless he seems to have stayed out of trouble after this but didn’t live a long life. Records suggest he died in March 1892 at the age of just 46.
This fight between two friends who fell out over something ill defined and certainly trivial ended in tragedy. Thomas Boulton lost his life and a police inspector with many years of good service lost his reputation and his future economic security. As for William Selless we should remember he too was just a child and he would have to live his life forever haunted by the sound of his friend screaming as his blow sent him crashing to the floor.
What a senseless waste of three lives.
[from The Standard, Thursday, May 13, 1858]