An avoidable tragedy at Christmas

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James Arthur and Timothy Howard worked together at a charcoal factory in New Gravel Lane, Shadwell. They were workmates and drinking buddies but not close friends. That said, they rarely quarreled and both were hard workers who were well spoken of by their employer.

They were employed to work on a platform which stood 18 feet above the factory floor and on Christmas Eve 1868 both were working there even though it was late in the evening. Perhaps with their minds on how they would celebrate Christmas and the Boxing Day holiday they started to talk about beer and how much they might drink. A ‘chaffing match’ ensued as each man boasted about the amount of drink he could get on credit (a measure of their financial worth of sorts) and this escalated into a row.

Howard taunted Arthur, suggesting that in the past he’d used a woman poorly and run up a debt on her behalf before leaving her. What had began as friendly ‘banter’ quickly descended into open hostility and Arthur looked dagger at his mate. He reached for a shovel and threatened Howard with it.

Realising he’d gone too far Howard tried to calm things and told his workmate to put the makeshift weapon down. When Arthur declined the two came to blows and the pair swore at each other. Howard struck him once or twice without return and Arthur staggered backwards. He missed his footing, slipped, and tumbled over the edge of the platform, plummeting the 18 feet down to the floor.

Howard clambered down the ladder and ran over to his mate, ‘who was quite dead’, his neck broken.

The foreman arrived on the scene and, seeing what had occurred, called the police. Howard was arrested while the police surgeon examined the deceased. Howard tried to say he’d not hit his friend but there had been at least two witnesses who’d been drawn to the noise the pair had made in their arguing.  Mr Benson (the magistrate at Thames Police court) remanded Howard in custody so that these witnesses could be brought to give their testimony.

At a later hearing Timothy Howard (described as an ‘Irish labourer’) was fully committed to trial for the manslaughter of his work colleague. On the 11 January 1869 he was convicted at the Old Bailey but ‘very strongly’ recommended to mercy by the jury who accepted that it was really a tragic accident, their was no intent on Howard’s part. The judge clearly agreed as he only sent the man to prison for a fortnight, a shorter term than many drunker brawlers would have received at Thames before the magistrates.

[from The Standard, Monday, 28 December, 1868]

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