A defiant cook takes her chances before a jury

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The Police Courts of London had the power to act summarily (i.e without a jury) in a large number of instances. Many offences were prosecuted at this level without troubling the judges at Hick’s Hall or Old Bailey, and very many people were sent to prison on the judgment of a Police Court magistrate acting alone.

This suited society, because it kept the jury courts free of the more petty offenders or offences and it arguably also suited quite a few defendants. A Police Court magistrate had limited powers to punish summarily; he could fine you and send you to prison, but only for relatively short periods of time. A judge at the sessions or central criminal court could put you away for years on end, even life.

So we often see prisoners asking the magistracy to deal with them summarily, preferring a quick hearing and a short sentence to being remanded for a week or two to face a jury and perhaps a lengthy period of penal servitude. Harriet Payne however, chose a different path, which perhaps reflects the fact that she (or her lawyer) believed she might earn the sympathy of a jury or (more likely) be able to cast enough doubt in their minds as to her culpability for the crime she was accused of.

Harriet Payne had worked as a cook for Mrs Eliza Godwin in Upper Tooting for a year from 1864 to 1865. On the 17 December she was dismissed after a week’s notice. Almost as soon as she had vacated her room at Holme Cottage her mistress ( a widow) noticed that a number of things were missing including table cloths, napkins and other items of linen, and then, a few days later, three ‘finger glasses’ disappeared.

Suspicion immediately fell on Harriet and she was arrested by the police. PC Kempster was unable to trace any of the things stolen back to the prisoner (with the exception of a shawl which she declared was her property) but a glass was discovered at a neighbour’s house in Tooting. However, in the course of searching the former cook’s room the police did find a key that happened to fit one of the linen drawers at Holme Cottage.

This was proof that Harriet could have taken the table linen as suspected and this was enough for Mr Ingham the sitting magistrate at Wandsworth. He decided that she was probably guilty of theft but that it was hard to prove it so he found her guilty instead of the lesser offence of unlawfully possessing the shawl she’d claimed was her own. He started to hand down a sentence of two months imprisonment but Mr Wilson, Harriett’s lawyer, begged leave to interrupt his worship. He asked instead that she be able to take her chances with the jury at the sessions and the magistrate allowed this.

Harriett was released on bail to face a trial later that month or early the next year, the outcome of which may have seen her released with her reputation intact, or sent to a London prison for a longer stretch than Mr Ingram had originally intended. That was the risk she took and I’m afraid I can’t discover the result.

[from The Morning Post, Thursday, 21 December, 1865]

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