Whitestone Pond, Hampstead Heath in the 1920s
Mr Horace Lister was a member of the respectable middle class. He lived in Kilburn with his wife and family, and practiced as a barrister. On Sundays he enjoyed nothing more than taking his kids up to Hampstead Heath so they could sail their model boats on Whitestone Pond.
On the 29 April 1893 Lister was up at the pond with his children enjoying the spring sunshine and joining in with all their other families floating their yachts and other craft. I can picture the scene because in the 1970s I can remember my father taking myself and my brother to watch the boats and walk on the heath.
It was there he told me tales of Dick Turpin and his famous ride to York, and how the notorious highwayman had shot at his pursuers, leaving holes in the walls of the nearby Spaniard’s Inn. It was a tall tale, but I didn’t discover this till much later. Perhaps Mr Lister was equally inventive, or shocked his children with stories from the courts he attended. I doubt he expected to feature in one that day.
As he watched his children play he saw a dog launch itself into the water and chase the boats. The animal was ‘fetching’ the boats “without being asked to do so” (as he later observed). When it grabbed hold of his daughter’s with its teeth Lister shouted at it to drop it. He had already noted who owned the dog and so he called across to him to keep better control of his beast.
His attempts to make the dog drop his child’s toy were as ineffectual as his attempt to get the animal’s owner to intervene so he decided to take the law into his own hands.
Taking his umbrella he struck the poor dog several times across its neck and back, to force it to dislodge the boat. Seeing this, the animal’s owner rushed over and caught hold of the barrister by the arm. Arthur Smith was a coachman and strongly built, and he remonstrated with his dog’s attacker. Smith threatened to ‘duck’ him in the pond if he didn’t leave his pet alone.
There were several witnesses to the skirmish and at least one, a gentleman horse rider who was passing by and saw the whole episode, was happy to corroborate Lister’s version of events when the case came before the justices at Hampstead Police Court. Mr. O’Connor, the equestrian, said he was worried that the rougher man was about to throw his victim right into the water. Lister’s ten year-old son also testified to the veracity of his father’s story, as we might expect him to.
As for Arthur Smith, well he was outnumbered and quite literally, outclassed. As a member of the working class, and not a very well respected one at that (coachmen and cab drivers had a reputation for being ill-mannered and surly) he was never going to win this battle. He claimed his dog had only gone into the water the once, and that he’d ‘called it out immediately’. He described the attack as unnecessarily violent and the charge as ‘wicked’; his dog was valuable and it had been badly hurt he added.
Not surprisingly the bench sided with the barrister and fined Smith 10s or seven days imprisonment if he couldn’t pay. He paid up and left, and hopefully chose a different route to walk his dog in the future.
[from The Standard, Thursday, May 11, 1893]