‘I would rather send her to Australia than have it done’. A misguided father refuses to vaccinate his daughter

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In 1867 parliament passed one of its more sensible pieces of legislation, the Vaccination Act (30 & 31 Vict. c.84). This built upon several previous smaller acts to insist that all newborn children were vaccinated (at the parish’s expense) within three months of birth. If they did not, or if they failed to bring in their children to be examined, they faced summary conviction and a fine of up to 20(or prison if they could not pay).

It was this act that James Bovingdon fell foul of in late August 1868. The Merton based poulterer was summoned before the magistrate at Wandsworth Police court by Edwin Bailey, the registrar of births and deaths for Mitcham. He explained that Bovingdon was yet to vaccinate his daughter Emily, who had been born on 3 December 1867.

James Bovingdon told Mr Dayman that he had not vaccinated his child ‘on principle’. When issued with a  notice to vaccinate on 8 January he had declared that he ‘would rather send it [Emily] to Australia than have it done’.

The magistrate asked him why he took this view. Bovingdon replied that he’d heard several opinions on the merits of vaccination and was under the impression that it was optional. UnknownThere was misread mistrust of vaccination and immunisation in the 1800s, born in part of a more general mistrust of the medical profession by the working classes. Powerful anti-vaccination images (like the one of the right) were produced with dark warnings that doctors were more liable to kill your child with the vaccine than save it from smallpox (the killer disease of the nineteenth century).

Bovingdon said also that he’d no idea that a new law compelled him to vaccinate his child. He had, he added, taken the child to be vaccinated after he was summoned to court. That was good but he was still in breach of the law and Mr Dayman fined him 10s  with a further 10s  costs (20in all, as the law prescribed). He added that if he didn’t pay the fine he would go to prison for 14 days.

In 1898 a new act was appeased that recognized that some magistrates were not applying the law (which had been tightened further in 1873 to make vaccination compulsory). The 1898 act allowed parents to avoid conviction and a penalty if they ‘made a statutory declaration that [they] confidently believed that vaccination would be prejudicial to the health of the child, and within seven days thereafter delivered, or sent by post, the declaration to the Vaccination Officer of the district’.

Today we have reached a situation where vaccination (for diseases such as measles) has become a serious issue once again. As a result of misinformation being circulated on the Internet some parents fear vaccination even when it is both safe and essential. This risks the return of killer diseases (like smallpox and TB) that were thought to have been eradicated by modern medicine.  It is hard not to see the parents that risk their children’s lives (and the lives of many others) as ignorant at best and willfully stupid at worst.  Surely it is time to take that decision away from them and reintroduce compulsory vaccination for all children, with appropriate punishment for parents that do not comply.

[from The Morning Post, Monday, August 31, 1868]

The sad end of a champion ‘mouser’

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Are you a cat person or a dog one? I have cats but love dogs too; I just don’t have time in my life for them at the moment. Cats are more self-contained after all, they pretty much do what they like and interact with us when they want food or attention. These days cats are – at least in urban areas – simply pets. Their role is solely to provide companionship. In the past people kept cats for other reasons, most often to keep down pests like mice.

That’s why Benjamin Carter and his wife had a cat. They had ‘no end of mice’ and so when their cat disappeared in June 1890 they were both upset and angry to find that a neighbour had killed it.  Carter obtained a summons and brought James Butterfill to court at Woolwich.

There he explained the situation to Mr Marsham, the sitting magistrate. The cat had vanished on June 28 and, having heard rumours that Butterfill was responsible, he confronted him. James admitted taking the cat but said he had put it into a basket (intending to give it ‘a hiding’) but it escaped.

The cat never returned and Carter carried on with his investigations, finding a little girl who said she saw Mrs Butterfill take the cat from the Carter’s door and carry it into her own house. This girl told the magistrate the same story and it became clear that the cat was now dead, killed by the Butterfills. The question was why?

James Butterfill told Mr Marsham that he and his brother-in-law kept pigeons, trained ones (so perhaps racing pigeons or ones used to carry messages). The Carter’s cat had killed several of these by June and they decided enough was enough.

‘You should have sued the owner in the county court’, the justice told him.

‘We did, and were nonsuited’, Butterfill replied.

Nonsuiting means that the case was stopped in court, either because the plaintiff (Carter) withdrew – unlikely here, or because the judge decided there was insufficient evidence for the case to carry on. However, the judge at the time declared that if he’d found a cat killing his pigeons he would have destroyed it. That was enough for the Butterfills who resolved to deal with the problem themselves should it happen again.

It did happen again. The Butterfills lost four pigeons and then six more a few days later.

Robert Ashdown, the brother-in-law, said that his pigeons were worth £5. They had acted to defend their property and Mr Marsham had some sympathy with them. He added that if anyone was directly to blame it was probably Mrs Butterfill, not James and so the summons was incorrectly directed. He thought the action taken was justified and dismissed the summons on a technicality.

The Carters would have to find a new ‘mouser’ (apparently they were readily available for about 10s– £40 today) but hopefully one that didn’t attack birds. They could do with one of my two. They will kill mice if they catch them but just sit and stare at pigeons, making that strange noise that cats make.

The pigeons are not at all bothered by them.

[from The Morning Post, Saturday, August 30, 1890]

Of the hidden curriculum, ignorance and prorogation

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Having just dealt with two gentlemen who had been found drunk and drawing a crowd around them near Cremorne Gardens, Mr Arnold’s Westminster Police court was now filled with a motely collection of working class men and women. They answered summons for not sending their children to school. The cases were brought by the Chelsea School Board in the person of Mr Cook the board officer.

In most of the cases the magistrate agreed that their had been neglect of duty on the part of the parents, and he fined them small amounts and extracted promises that in future they would ensure their children went to school. In one case however, he had to take a different line. This involved a very poor woman who said that despite her best efforts her son kept playing truant and there was nothing she could do about it. Her husband left for work very early in the morning and she too worked, so she could not make sure that when he set off for school he didn’t sneak back later on while his parents were out.

Mr Arnold was sympathetic and called the boy to the dock to explain himself. The lad said he was sent to school but didn’t go. The justice now ‘explained to the little fellow the advantages of going to school’.

He added that ‘poor people who had to work hard for their living could not be expected to to take their children to school and sit on a door-step to see that they remained there; and in cases where the parents did their utmost to comply with the law he should not convict them, because their children were rebellious’.

He went on to say that in some instances ‘those children were proper subjects for an industrial school’, where education would be combined with more severe discipline. This might have been a veiled threat to the boy to not play truant again but he wrapped it up in a wider warning to parents that thought sending their offspring away was an easy solution to avoiding prosecution and a convenient means of having them educated and cared for at the state’s expense.

Parents of children sent to industrial schools (or reformatories) were expected to contribute to their upkeep he reminded the court (and the reading public of course). For ‘those children ought not to be easily got rid of by their parents and become a burden to the ratepayers’ and he instructed Mr Cook to make his views clearly known to the School Board. The reporter finished his account by stating that:

‘The system of parents getting rid of their children by complaining that they are beyond their control is becoming very prevalent’.

The education offered to working-class children in the second half of the nineteenth century was basic and not designed to lift them up above their social status. Children were taught to read and write but also not to challenge their superiors and to learn to accept ‘their place’ in society. It has taken a very long time for this to change in Britain, arguably it is only from the 1960s or later that education has really affected the status quo, and some might reasonably suggest the effect is limited at best.

Education – and the encouragement of independent thinking – is crucial if society is to develop and not simply replicate the traditional hierocracies of the past. It is not an accident that public (private) schools are given charitable status to enable them to prosper, or are excluded from the national curriculum taught to most children. It is no accident either that the children of the wealthy and ennobled are much more likely to go to our top universities, while children from disadvantaged communities – notably BAME ones – are largely excluded.

Education is political – it always has been – and it probably suits the ruling elite for the majority of the population to be under education, to believe what the tabloids tell them, not to challenge the words of their ‘superiors’. There has been a clear move to silence the voices of ‘experts’ in political debate recently – on climate change, on political democracy, and on brexit most notably.

‘Ignorance is bliss’ some say; I would say it is dangerous and plays into the hands of those that rule us, those – if you but scratch the surface – who went to private schools like Eton, Harrow and Westminster, before finishing their studies at Oxford and Cambridge, before proceeding into positions of wealth and privilege because their parents were rich and powerful already. The attack on the Westminster bubble by disenchanted members of the public is misplaced in my opinion. Today the ‘old school tie brigade’ is ripping up democracy in front of our very eyes to serve the old order’s desire for continued wealth and privilege. If you see the proroguing of our sovereign elected parliament by an unelected cabal of unrepresentative privileged individuals as anything other than a coup in all but name, then I respectfully suggest you look beyond the tabloids and read a little more history.

[from The Morning Post, Friday, August 29, 1873]

A sorry tale of an old abuser who finally went too far

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Isaac Jones was a violent man when he was in his cups. He had that in common with very many in nineteenth-century London and his poor wife and family suffered for it.

On the 21 July 1860 he’d come home late, drunk as he often was, and belligerent with it. His wife and he had the usual exchange of words and a fight broke out. The exact details are not clear but at some point Isaac lunged for his wife Jane who, fearing for her life, grabbed the nearest weapon she could and defended herself.

She selected a poker but she might have easily picked up an iron, a saucepan or a rolling pin; when women fought with their menfolk it was often one of these they used (or had used against them). The poker connected with Isaac’s leg and he slipped and fell, unable to maintain his balance as he was so drunk after the evening’s excesses.

He cried out and his groans brought a policeman to the door of the house. PC 256M came into the room and found Isaac on his side his leg bent horribly under him and ‘the bone of the fractured limb protruding through the skin’. A cab was called and the injured man was ferried to Guy’s Hospital where his leg was amputated. Since it seemed evident that Jane was to blame she was arrested and taken into custody.

Events unfolded with some inevitability given the state both of Isaac’s general health (he was an elderly man with a drink problem) and Victorian medicine. The local magistracy were informed that the old man was dying so went to see him in hospital to ascertain who was responsible for his condition. Jane went along as well and he kissed her warmly saying ‘that it was the last time’.

Isaac was too ill to say anything else, and did not condemn his wife in the presence of the justices. He died a day later and so Jane was taken before Mr Maude at Southwark Police court accused of causing his death by striking him with the poker.

An inquest had concluded that he had died from the injury but ‘there was nothing to show how it was done’. Isaac’s daughter (also named Jane) gave evidence of the row and the fight but said she’d not seen her mother hit her father with the poker, adding that she’d told her she had not. She elaborated on the fight saying that Isaac had a knife and was threatening her mother with it.

Mr Maude heard a report form the surgeon at Guy’s which was pretty clear that the leg was broken by an impact injury not a fall but he was trying to find a way to clear Mrs Jones if at all possible. Isaac Jones had been a wife beater, she was a domestic abuse survivor and, on this occasion, the tables had turned on the old man. There was clear evidence that Jane had been defending herself and that the attack – if attack there was – had been spontaneous not premeditated.

There was also sufficient doubt over the exact cause of death to give Jane the benefit of the doubt. It is unlikely that a jury would have convicted her anyway and she was evidently remorseful at the death of her husband, however bad a man he was. It would do no one any good to see her go to trial much less go to prison so Mr Maude commented that it was ‘a very painful case’ but he would detain her on longer; she was free to go.

Mrs Jones, who had ben allowed to sit the clerk’s table instead of occupying the dock wept throughout the examination but was helped to her feet and led out of court on her daughter’s arm.

[from The Morning Chronicle, Tuesday, August 28, 1860]

It is a year before the first ‘Ripper’ murder but the portents are visible in East End life

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In August 1887 London had little inkling of the terror that was to haunt the East End in just a year’s time. There was violence and crime aplenty of course, but no more or less than usual, and nothing to suggest that Whitechapel and the East End was soon to be the focus of world attention as a serial killer struck again and again with impunity.

Despite the ‘Jack the Ripper’ murders being extraordinary by any standards I wonder if the foundations for the unknown killer’s actions were already well established in the community he later terrorised. Domestic violence was endemic; linked to alcoholism and poverty, and patriarchal attitudes towards women. With the campaign against contagious diseases and the well-publicized attack on vice and immorality prostitution was also in the spotlight with sex workers demonized as the carriers of diseases which had decimated the army in the Crimea.

But it was the causal, commonplace brutality eked out daily by working-class men towards their wives and common-law partners that really empowered the actions of the ‘Ripper’.

Men frequently beat and abused their womenfolk in the East End and while murders might have been relatively unusual, manslaughter and grievous bodily harm was not. Unless the police actually saw it happen they weren’t able to interfere and even then many if not most were reluctant to get involved in a ‘a domestic’.  The survivors were also reluctant to press charges against their abusers; in fear of retaliation or the loss of the main breadwinner. Magistrates were frustrated but there was little they could do save deal with offenders when they did come before them.

Frederick Smith was a 35 year-old milkman living in Britannia Street, off the City Road. In late August 1887, a year before the Ripper murdered Polly Nicholls in Bucks Row, Smith was brought before Mr Bushby at Worship Street Police court. The milkman was accused of violently assaulting his wife.

PC 63G testified that he had been called to an incident at the defendant’s home and found Mrs Smith ‘lying insensible and bleeding on the pavement’. A few people had gathered and they told him that she fallen out of a window above. He got her into a cab and took her to the London Hospital to be treated. She regained consciousness on the journey and told him that he husband had attacked her and thrown her out of the window to the street below.

When he’d deposited her at the hospital he went back and arrested Fred who, he now realized, had been part of the crowd gathered around Mrs Smith’s body in the street. When he’d seen the policeman the milkman had quickly made himself scarce. Since Mrs Smith was still in hospital and unable to give evidence Mr. Bushby remanded the prisoner for a week and the gaoler locked him up.

We don’t know if Mrs Smith made a full recovery or, if she did, whether she pressed charges against her husband. There’s no record of a Frederick Smith being prosecuted at the Old Bailey for murder or manslaughter, which makes me hopeful that his wife survived.  Fred Smith is hardly an unusual name however, so newspaper searches are problematic.

I think it does indicate the casual nature of violence meted out to working-class women in the 1800s; when ‘ordinary’ me could do this and (mostly) get away with it then surely its not too far of a leap to understand why a disturbed individual could feel emboldened to take that violence much further.

[from The Illustrated Police News, Saturday, August 27, 1887]

Drew’s new book (co-authored by Andy Wise) is published by Amberley Books. It is a new study of the Whitechapel murders of 1888 which offers up a new suspect, links the ‘Jack the Ripper’ killings to the unsolved ‘Thames Torso’ crimes, and provides the reader with important contextual history of Victorian London. The book is available on Amazon

A cowardly attack on the wrong victim

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Elizabeth Couldry was standing at her door in Sugarloaf Court in the City of London (which led into Leadenhall Street, above) watching a group of boys play. They were up to mischief – as small boys often are – and the object of their attention was another resident of the court, Catherine Branman.

Catherine was drunk and crying out that she’d lost a shilling, claiming someone had stolen it. She’d worked herself up into a rage and was carrying a large stick. One of the boys picked up a farthing from the dirt and gave it to her, telling her that was what she’d dropped. This only enraged her further and she started hitting out at the boys who scattered.

Another door had opened by now, and a woman on crutches appeared with an elderly man behind her.  He called to her to go home and be quiet but this only provoked Catherine to confront the pair. The invalid was Jane Barham and the old man was her father. Catherine told Mr Barham that if she had been a man she would have knocked his lights out. Jane told her to calm down and come inside for a moment.

Catherine did neither. Instead she lifted her stick and smashed it down on the poor woman’s head.

Jane was rushed to the infirmary at Bow workhouse where she was treated for serious wounds to her head. It was serious enough to keep her in hospital for six days. In the meantime Catherine was arrested and the stick she’d used confiscated to be used in evidence. There must have been real concern that Jane might not recover.

Fortunately she did and on the 25 August she gave evidence before the Lord Mayor at mansion House, although she did so sitting down and with her head swathed in plaster and bandages. Catherine denied intent and said she was drunk at the time. She had been wound up by the little boys and had only struck Jane by accident. It was a risible excuse but the Lord Mayor was prepared to let her settle the matter with her victim. He gave leave for the two women to use the affidavit room to come to a financial settlement; if Catherine paid some compensation and the cost of the court case then the law need take no further action.

The women were soon back in court and Catherine was back in the dock. She’d pleaded poverty and so refused to pay anything (or anything of substance at least). As a result the Lord Mayor said he had no choice but to fine her 20which of course she couldn’t pay. The gaoler led her away to start a month’s prison sentence and Jane went home to complete her recovery in peace.

[from The Morning Post, Friday, August 26, 1859]

A life destroyed by the ‘demon drink’

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Alcoholism is a debilitating addiction than ruins not only the life of the person affected but that of those around them. Since the Second World War most of the attention of the police, courts, and prison service has been on  drugs such as cannabis, heroin, cocaine, and MDMA (with all the various derivatives and combinations) and with good reason. All these drugs have the capacity to destroy lives as well. But while all of the above are proscribed and subject to sanctions under the criminal law, alcohol remains legal and freely available. Like tobacco, alcohol is recognized as being harmful but is simply taxed, not banned.

In the 1800s the negative effects of drink were well understood; drink was blamed for all manner of society’s problems form unemployment to fecklessness, poverty to mental illness, domestic violence to mental illness and suicide. All of these social issues were linked to the excessive consumption of the ‘demon drink’. In the early years of Victoria’s reign the Temperance movement established itself; from small beginnings in the late 1820s it had grown into a significant lobbying group by the 1850s. It attempted, unsuccessfully, to  get parliament to pass a prohibition bill in 1859 but it continued to promote abstinence by urging working men and women to sign the pledge.

It was recognized from the middle of the century that alcoholism was a disease and not simply a vice. Since it was not merely a weakness of character it was possible to treat it, and cure it and this was the beginning of modern efforts to deal with addiction to all sorts of substances.

Margaret Malcolm was a good (or perhaps ‘bad’) example of the evils of drink. She was brought before the sitting magistrate at Westminster Police court in August 1878 for being found drunk and disorderly in the Vauxhall Bridge Road. She’d been carried to the local police station on one of the new Bischoffsheim hand drawn ambulances, being incapable of walking.

That was Friday 16 August and the magistrate fined her 8which her husband  paid to keep her out of gaol. On Monday (the 19th) she was back in court and this time Mr Woolrych fined her 21sand told her she was an ‘incorrigible drunkard’. Margaret pulled out a card to show that she had ‘joined the teetotalers’ and promised that she ‘would never drink again’.

Her pledge didn’t last the day: at around five in the afternoon PC Charles Everett (185B) found her drunk, ‘stopping the vehicles in the street, [and] making a great noise’. When he went to arrest her she threw herself to the ground and refused to budge. It took some time to get her up and into custody and in the meantime a large crowd had gathered to see what all the fuss was about.

Back in court before Mr Woolrych she had nothing to say for herself. The magistrate was told that Margaret had been in court on at least fifty occasions previously. Her long-suffering husband had paid nearly £200 in fines in just a few years. To put that in context £200 in 1878 is about £13,000 today. It would have represented almost two years wages for a skilled tradesman, or you could have bought 7 horses with it. Margaret must have had a loving husband (more than many working-class women had in the 1870s) and one who was, whenever possible, determined to keep her out of prison.

He hadn’t always succeeded; she’d been to prison several times when magistrates like Mr D’Eyncourt had refused the option of a fine in the forlorn hope that it would curb her drinking. On this occasion the law continued to be a blunt instrument: with no option available to him to send Margaret for treatment (as a court might today) she was fined 25(£80) or three weeks’ hard labour. The court report doesn’t tell us whether Mr Malcolm dipped into his pocket this time.

[from Reynolds’s Newspaper, Sunday, August 25, 1878]