‘Never was there such a bad season for cabs’: A case of non payment requires a magisterial solution

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William Capon had sold his hansom cab and horse to William Crouch because he needed the money, being unable to earn a living from cabbing. Crouch had agreed to pay for the cab in installments but by March 1835 Capon had hardly received more than a ‘farthing’ of the £30 owed to him. In desperation he issued a notice that his goods had been stolen and offered a reward for information about it.

George Hooper saw the notice and later saw the cab parked a cab rank in the City of London. He approached the driver, asked to be taken to the Green Yard where he called for the cab and horse to be impounded. The Green yard had been the City’s pound for centuries and it was here that loose animals – often beasts from Smithfield Market – were taken , to be retrieved on payment of a penalty fee. So it worked very much like a modern car pound.

The cab driver, Crouch, was arrested and taken before Alderman Pirie at Mansion House and Capon came to court to give evidence. The alderman magistrate, having heard the circumstances of the  sale of the cab and the lack of money paid so far confronted Crouch as he stood in the dock:

‘Why don’t you pay this poor man?’

‘It’s all right, sir’, said Crouch, ‘There’s an agreement in writing about the business. I’m sure to pay him’.

‘I’m sure you will never pay him; you don’t go the right way about it’, countered the justice, clearly appalled at the man’s attitude to debt.

‘I would have paid him’ Crouch answered, ‘but there’s been no business doing lately. The right time’s a coming on now, and he shall have his money’. Adding, ‘he [Capon] promised me further time, on account of the badness of the season. Never was a such a season for cabs’, he declared.

March 1835 may well have been a ‘bad season’ for cab drivers but, in the magistrate’s opinion, that didn’t give him the right to cheat (as he put it) the other man out of his money. He ordered the cab driver to return the vehicle and horse forthwith in return for any money he’d already paid over. In court Crouch agreed, but very reluctantly, but when he got outside he reneged on this and refused, citing the written agreement he had with Capon.

Alderman Pirie  was on weak ground legally; it wasn’t really a case of theft, and no jury would ever convict Crouch. Yet he wanted to do something and so he insisted that the cab and horse be handed over from the Green Yard to Capon and not to Crouch. If the latter wished to pursue his claim to the hansom he would have to take it up with the magistrate directly via the law, and not with Capon. This decision, controversial as it was, went down extremely well with everyone in court (William Crouch excepted  one assumes).

[from The Morning Chronicle, Friday, March 27, 1835]

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