‘Skylarking’ leaves one youth in hospital when he picks on the wrong victim

1861Act

Historians of crime have estimated that in the 18thand 19thcenturies only a small percentage of assaults (even fairly serious ones) reached the courts. Even when prosecutors did bring assaults before the magistracy in 18thcentury London the most common outcome was a settlement between the two parties, often brokered by the justice.

Arguably, this was mostly because inter-personal non-fatal violence was treated as a civil rather than a criminal offence, and so did not always need a jury’s deliberations. In the previous century and for much of the 1800s it was property crime that occupied the minds of legislators and the justice system. However, it seems to be the case that over the course of the nineteenth century violence increasingly became the focus of concerns about crime.

Perhaps this is reflected in this case from the Thames Police court in 1864 which occurred just 3 years after parliament had consolidated the various laws concerning interpersonal violence in one piece of legislation: the Offences Against the Person Act (24 & 25 Vict. c.100).

Herman Menus, a German immigrant, was charged with cutting and wounding Timothy Bryan, an Irish labourer. The victim was not in court to press the charge and Mr Partridge was told this was because ‘he either did not care about the wound as a serious one’ or had been compensated by some of Menus’ friends.

Nevertheless the case against the 38 year-old skin-dresser proceeded because, as Mr Partridge said, it was serious. He stated that ‘cutting and wounding cases had become so alarmingly common that the investigation must be continued’ and he remanded the German in custody.

The facts presented were that a police constable from H Division was called to a disturbance in Lambeth Street where he found Bryan lying in the gutter with a long cut to his face. He took the injured man back to Leman Street police station where he was treated. Whilst there he had some sort of fit but was now stable.

John Conley, a surgeon living on Whitechapel High Street, deposed that the wound was serious but not life threatening. In his defence Menus told the court that he had been attacked by a group of lads as he was going home from work. He was struck twice about the head and reacted, using the two cans he was carrying with him. One of these connected with Bryan’s cheek causing the injury. He used no knife at all.

The police confirmed that Bryan was one of the groups of lads that were involved in baiting the skin-dresser, which perhaps explains his reluctance to appear in court against him. Bryan was most likely part of the gang or group of ‘roughs’ who were known to pick on foreigners or anybody else they might like to terrorize on the capital’s streets. Unfortunately for him he had selected a victim who was quite capable of defending himself.

The prisoner was brought up the following day to be questioned again and so Mr Partridge could finally decide his fate. Now the court heard that Bryan was a fireman on a steam ship bound for Bordeaux in France. Menus had hired a solicitor to represent him.

Bryan appeared and said he was having some difficulty in speaking due the injuries he’d sustained in the attack on him. He told the court that he and his mates had just been ‘skylarking’ when Menus had said something to him. One thing led to another and blows were exchanged. He was drunk at the time he admitted, so his memory of the events was hazy at best. Several witnesses for both parties testified that there was equal fault on each side.

In the end the magistrate decided the best thing was this to be sorted out by a jury and so he committed Menus to take his trial.

[from The Morning Post, Saturday, September 24, 1864; The Standard, Monday, September 26, 1864]

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