‘The only way we have of earning bread for our families is by selling fruit in the streets’: a costermonger’s lament

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This week, just ahead of the next round of marking that will fall due in mid July, I’ve managed to return to my current research project. Nether World is a study of late Victorian London through the lens of the Police Magistrate courts. Commissioned by Reaktion Books it will explore the rich culture of everyday life in the metropolis in the period c.1840-1900.

Today I have mostly been looking into the lives of costermongers, the people that sold fruit and veg and other ‘perishables’ from barrows. Increasingly their tradition of wheeling and then stationing their barrow on the street, so their customers could easily come and buy from them, came into conflict with property owners and local authorities who wanted to keep the thoroughfares of the city free and open to a growing commercial and private transport network.

From 1829 onwards the capital had a new weapon to use against this form of itinerant trading: the men of Peel’s Metropolitan Police. Given that the ‘New’ Police were tasked with patrolling the streets during the day (when the old watch had only done so at night) it was inevitable that they would quickly clash with these traditional street vendors.

Costermongers were fiercely independent, rebellious in their dress and outlook, and had little time for ‘middle class moralizing’ and attempts to suppress or restrict their way of life. As a result the police engaged in a long running battle to force them to conform to set pitches and markets rather than be allowed to trade where they liked. Using the wide-ranging powers given by the highways acts costers were constantly being asked to move along and were arrested or summoned to court if they refused.

This caused considerable resentment within the costermonger community and  it is hardly surprising that one trader admitted to Henry Mayhew (the celebrated journalist and social investigator) that it was considered legitimate to punch a policeman.

‘To serve out a policeman is the bravest act by which a coster-monger can distinguish himself. Some […] have been imprisoned upwards of a dozen times for this offense […]’, one explained.

Henry Mayhew, London Labour And The London Poor, (London, 1851),

In November 1858 Lloyd’s Newspaper reported the sitting magistrate at Clerkenwell was ‘engaged for some considerable time’ in processing the costermongers that the police had arrested on the preceding Saturday evening. No less than 17 costermongers had been brought before Mr Corrie. They had been locked up and their barrows and stock removed to the Green Yard.

One defendant had been locked up for 36 hours before being bailed at 11 in the morning. When he went to collect his barrow he was at first refused it and then later, when he returned, he found all his stock of apples had been carelessly thrown into a sack so that they were now bruised and unsalable. Another man, that sold fish, got out of lock-up to find is stock left in the yard without any care and so, similarly, spoiled and valueless.

‘Some of the defendants’, the paper reported, ‘remarked that the only way they had of earning bread for their families was by selling fruit in the streets’.

They were given little or no notice by the police to move along, and most times their barrows were ‘causing no obstruction’ and yet they were ‘treated and pushed about like felons’.  Despite having some sympathy for their situation the magistrate still found for the police and although he waived the fines for those locked up for hours, imposed a shilling fine on everyone else.

No wonder them that the costermongers of London viewed the capital’s police with contempt. In their eyes they were only trying to earn a living, which was being thwarted by the police who they must have seen as the friends of their rivals, the lower middle class grocers that had fixed places to sell their wares.

Nowadays of course we are used to the idea that most trade takes place in shops and while markets exist, these are mostly periodic not daily concerns. The modern retailer’s grumbles about the unrestricted and low-cost competition offered online might find an echo in the grumbles of costers forced off the streets by Victorian shopkeepers and their ‘friends’, the police.

[from Lloyd’s Illustrated Newspaper, Sunday 7 November 1858]

The Salvation Army refuses to a leave a sick woman in peace

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I’m sure we have all had to put up with annoying disturbances at some point in our lives; last year an inconsiderate neighbour chose to party hard until the wee hours as she celebrated her 40th birthday. At about 4 in the morning I was obliged to ask her guests (she had retired to bed) to turn the music off.

I might have expected it from a student house but not a group of middle aged professionals.

If you live in a big city (like London or Paris, or New York) you are likely to be disturbed by the sound of traffic, railways, the sirens of emergency vehicles, and the refuse collectors. These are the normal everyday sounds of urban living however, and we get used to them or accept them as necessary. It is quite different then if someone sets up a band outside your house and plays music incessantly for hours on end.

This was the scenario that brought a vet to seek help from Mr Shiel at Westminster Police court in June 1889.

The vet (described only as a ‘gentleman’, his name not being recorded in the newspaper report) lived in Turk’s Row, Chelsea where he ran ‘an infirmary for horses and dogs’. He told the magistrate that a ‘band of Salvationists’ (meaning the Salvation Army) had congregated outside his property on several occasions recently to perform.

‘There were’, he explained, ‘at least 20 persons singing to a tambourine accompaniment’ and he had called the police after they refused to stop. A policeman had intervened and ‘begged the people to go further off’ but they refused. Instead they just continued making more of their ‘hideous’ noise than they had previously.

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The poor vet described how he had told the group’s leader that his wife was ‘lying dangerously ill’ having had complications in her pregnancy. He just wanted her to be able to rest but the officer in charge of the Salvation Army band refused to believe him, and called him a liar.

He asked for a summons to bring the ‘Army’ to court.

Mr Sheil was sympathetic but not very helpful. Couldn’t the police have done more, he asked? ‘They have no power’, the vet replied, or at least ‘they don’t like to interfere’. Had an (often Italian) organ grinder stood opposite his house the police would have happily taken them away, but not, it seems, the men and women of the ‘Sally Army’, however disruptive they were being.

The magistrate would not grant a summons and instead suggested the applicant visit the ‘headquarters of this so-called Salvation Army, and see, in the name of religion, they will continue to disturb a person who is ill’. In other words, challenge their Christian principles and beliefs rather than apply the same rules to them as would have applied to itinerate street musicians.

If it seems hypercritical to us it certainly did to the vet. He left court muttering that ‘he did not see why he should not have a summons, and that the he considered the law ought to protect him’.

It is very hard not to agree with him. Once again it is a case of one rule for some, and another for others.

Today of course the Salvation Army is a well respected charity organization with branches all over the world; in the late 1880s it was an embryonic and divisive group which found itself in court quite frequently on charges of disturbing the peace or obstructing the streets. How times change eh?

[from The Standard, Wednesday 26 June, 1889]

For an interesting blog post on the involvement of Black Britons in the Salvation Army see Jeffrey Green’s post here

For other stories from me about the Salvation Army see these related posts:

‘A great nuisance’ but a dedicated body of men and women. How the Salvation Army got their message to the people

An ‘infernal din’ disturbs the peace on the Sabbath and lands the Salvation Army in court

‘I may be wrong but I think a man can be a Christian and march along without a uniform’: theft and imposture brings the Salvation Army into court

Brickbats and stones ‘welcome’ the Salvation Army to Hackney

William Booth in court, for doing something about homelessness

‘I will give him a blow that he won’t be able to hit me’: a family squabble turns sour

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On the 15 May Ann Fadden was standing outside her front door, at one in the morning, as her brother Jeremiah Coghlan came by with a friend that he lodged with. Jeremiah was drunk, and an argument broke out. Truth is always hard to discern in court records where accusations of ‘he said, she said’ are thrown about, but it seems that Coghlan has some sort of long running feud with Ann’s husband, James Fadden.

At some point Ann and her brother Jeremiah started grappling with each other and she called him names. He may have had a rather distinctive nose because she later admitted shouting:

“Go along, you long-nosed vagabond and look out, he is down the street, and if he hits you he will give you something”.

She was referring to the fact that her spouse, James, was visiting friends just a little way off (‘listening to the newspaper being read’) and she was expecting him home anytime soon. In fact James had heard all the souting and was already on his way. When he saw Coghlan fighting with his wife, James intervened telling his brother-in-law to go home.

When the young man refused, Fadden threatened to punch him on his (quite distinctive) nose.

Ann again tried to stop things escalating, warning her brother off a fight with a stronger man but ‘Jerry’ wasn’t interested in being talked down. According to John Coghlan, brother to both of them, he was in a belligerent mood and growled that ‘I will give him a blow that he won’t be able to hit me’.

With that he shoved his sister out of the way and rushed at Fadden. Coghlan threw a punch and Fadden fell to the ground, where he lay senseless for several minutes. As soon as everyone recovered their wits they released James was bleeding from a cut to his neck and he was taken to Guy’s Hospital.

There the house surgeon, Mr James Wood, treated him but the bleeding couldn’t be stopped and his patient ‘gradually sank’. On the 3 June James Fadden died and now the charge against Jeremiah had become one of murder or manslaughter.

Coghlan was arrested the next morning by PC George Vellacott (M224). Coghlan was still in a rage and in no mood to apologies for what he had down. At this stage of course he was being arrested for wounding, not for killing the other man but he hardly helped his own case. As the policeman explained that he must take him to the station the young man declared:

‘If I am given in charge I shall do for the b—; if I get over this I shall do for him’.

A knife was found at his lodgings that seemed likely to have been the murder weapon and the police took it as evidence to be produced later at trial.

Having been remanded several times by the magistrates at Southwark on 11 June 1859 he was fully committed for trial.

Jeremiah appeared at the Old Bailey on 13 June, just days after his committal by Mr Burcham. He was accused of ‘willful murder’ but convicted of manslaughter. Only one person spoke up for him there, William Jennings a leather dresser, who had known him for ten year and lived with him. Jeremiah was only 22 in 1859 but it wasn’t his first brush with the law. He had been imprisoned the year before, although it is not clear why.

From the records of the Digital Panopticon we also learn that Coghlan was Roman Catholic (and so probably of Irish ancestry) and worked as a dyer (and industry closely connected to the Thames by Bermonsdey).

He was transported to Australia for a sentence of 20 years, arriving in Western Australia in 1862 after a spell of imprisonment in England. Both his sister and his brother gave damning evidence against him in court.

What was wrong with this young man? Was he unable to control his temper? Had he completely alienated his family? It is a very sad story

[from The Standard, Monday 13 June 1859]

Black Lives Matter: a very personal view

This blog is normally concerned with the police courts of nineteenth-century London. It may therefore seem a world away from the current Black Lives Matter (BLM) protests that are echoing around the globe. But my research touches on inequality and oppression in so many ways that I see so many connections to current debates on prejudice, racism, and anti-immigrant sentiment that I feel that to stay quiet is impossible. So this blog post is going to be a little different, and I make no apology for that.  

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The killing of George Floyd was a disgrace, an outrageous act, an example of oppression, and one that demonstrated that for some people black lives really don’t matter. There can be no justification for Floyd’s killing just as there can be no justification for the hundreds of black lives that are taken every year by over zealous and, let’s admit it, often institutionally racist, police forces.

Before we think that this is an American issue, or even an old one, let’s remind ourselves that these killings have taken place in the UK, a country that our Prime Minister swears is ‘not racist’. Not everyone in the UK is racist, not every institution is either, but racism is endemic in Britain and so I find it completely understandable that acts of violence have resulted from the groundswell of anger that followed the news of Floyd’s killing.

On Sunday 7 June 2020 protesters in Bristol hauled down the statue of Edward Colston, an eighteenth-century merchant who owed his huge personal wealth to slavery, and dumped it into the Avon.

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The removal of Colston’s statue was not an eradication of history, it was history.

Colston’s statue was only erected in 1895 when his links to slavery were well known. In recent decades there has been a local campaign to remove his statue and rename Colston Hall. This campaign has been ignored and so it is no surprise to me that events in the USA sparked protesters here to react as they did to years of frustration.

The destruction of the statue has been condemned as ‘criminal damage’ and as an attempt to ‘eradicate history’.

It may, technically, be the former; it most certainly is not the latter.

Moreover, the actions of those involved have to be seen in historical context. History is not static; it is not somehow encased only in the monuments left behind by our ancestors, it is changing every day.

Which is why we need historians (those we have and future ones) to research, write, explain, and interpret that history.

Let us take the history of protest as just one example of the collective history of humanity over the past few thousand years. If we take the long view we can immediately see how ridiculous and insulting it is to dismiss Sunday’s ‘rioters’ as ‘criminal’.

Pretty much all of the rights we cherish in this country and throughout the world were won not given. These include the right to free speech (something championed by Far Right activists as much as those on the Left of politics); the freedom to practice whatever religion (or none) we choose.

To which we can add the right to political representation, and the right (of nations) to self-determination; the more modern rights to sexual freedom, gender equality, to freedom from discrimination on the grounds of race or disability.

Protest is not a recent invention.

History reminds us that people have protested about all sorts of things for as long as records exist  (and presumably longer). I work on the period 1700-1900 and there are plenty of examples in my area of individuals, communities, and groups protesting about access to common land, to food resources, the right to vote, the right to form a trades union, and against the forcible examination of the female body, to name but a few.

There have been notable eruptions of popular rebellion against oppression: most particularly given the current news agenda, in the Caribbean against slavery. Too often the emancipation of slaves has been credit to a handful of well-meaning white men (like Wilberforce) and to the neglect of the black actors (named and unnamed) who contributed to it.Unknown

The actions of the enslaved have often been written out of history, and the efforts of white men lauded instead. 

And we can see the role that violent direct action has played in winning votes for women, LGBTQ rights, and in winning freedom from oppressive regimes in Europe and elsewhere.

It would be lovely if protest was always gentle and respectful of property and persons. If governments would listen and consult with the oppressed and the exploited. History teaches us that they don’t; the reality is that for change to happen persuasion has to take place. Why should the rich and powerful conceded any of their wealth or privilege to those they control unless they fear the consequences of not doing so?

But power is very rarely given away, it is taken.

And before we get too precious about the violence that we’ve seen on the streets of Britain and America in reaction to the killing of George Floyd (and allowing for the fact that much of that violence cuts both ways – police ‘brutality’ and the ‘criminality’ of the activists), let us again remind ourselves of how states like the US and UK came into and have maintained their existence.

The USA was born in conquest. British, Spanish, Portuguese and French invaders (or settlers, discoverers if you prefer) brutally subdued the native indigenous peoples and seized their land. Then in 1776 a violent revolution took place and white colonial Americans overcame the lawful English government and (with the help of the French) established their own republic.  They continued to build a nation using slave labour imported (violently) from Africa.

The British state is even more rooted in violence. England was born from dynastic wars reaching back to the 700s or earlier. Britain only exists because English armies subdued the Scots and Welsh and Irish. The British Empire (‘overwhelmingly a force for good’ apparently) was really a product of violent land grabs in Africa and the Indian subcontinent, maintained by gunboat diplomacy and periodic warfare.

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The British Empire’s response to a national uprising in India was brutal

We owe our place in the world to violence: destructive, exploitative, nationalistic, imperialist, violence often justified on the basis that we (I mean white Britons) were members of a ‘superior’ race with a ‘civilizing mission’.

I could go on but I think the point is made.

Nowhere on earth has peaceful protest been the ‘norm’ for effecting change. Everywhere the nations that exist valorize violence in their national history. Yes, we might rightly laud the battle for freedom on D-Day, or the sacrifice of 60,000 British lives on day one of the Somme, but let’s not forget that war is the ‘extension of diplomacy by others means’ and power is equated to force.

If the marginalized fight back (or others take up arms on their behalf) we can hardly be surprised, nor, I would argue, can we deny them the rights and privileges that our ancestors won for us.

Black Lives Matter is a movement born of hundreds of years of exploitation and the frustration of the denial of equality and, in some cases, basic human rights. I cannot condemn them or those that support them, and can only hope that, as historians, we are part of the solution not a part of the problem.

 

Another man who shirked his parental responsibilities and thought he’d get away with it

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The church of St Lawrence Jewry in the 1930s

William Dell was having a bad day and it was about to get worse.

In the first week of June 1869 he had been presented with a summons to attend at the Guildhall Police court. Being summonsed was one of the ways you ended up before a magistrate in nineteenth-century London, and was certainly preferable to being brought there from a cell by a policeman or gaoler, but was still unpleasant and embarrassing.

Dell’s ‘crime’ was that he was behind with his child support payments, or, as the Victorians would have termed it, he was in ‘bastardy arrears’. Having impregnated Emma Barrett but not being inclined to marry her, he had left her and her baby ‘chargeable to the parish’.

In other words, without the financial support of William Dell Emma would have been forced to exist on money raised from amongst the local ratepayers. Where possible, and when a father could be identified, the overseers of the poor much preferred to avoid this. If Dell wouldn’t marry Emma he could at least be expected to stump up the money to support her bastard. The amount was at 26a week.

Dell either thought he should pay or didn’t have the spare cash to do so, so he ignored the bastardy order that had been imposed on him and had ran up arrears of £2 5by the beginning of June (suggesting that he had paid nothing for about 18 weeks).

Hence the court summons in June.

He was stood outside the Guildhall court waiting to be called in when a woman approached him. She was Sophia Barrett, Emma’s mother. She berated William for ruining her daughter and abandoning his child and, when Dell protested that the child was not his but his brother’s, she lost her temper completely.

Sophia started to hit Dell with the only weapon she had to hand, her umbrella. He tried to fend her off and then ran away to the rear of St Lawrence Jewry church (which stands in Guildhall Yard) to escape her.

Sophia Barrett was not so easily shaken off, and went round the church the opposite way and attacked him again in Gresham Street. Here she ‘pulled his hair and struck him’ again and again until William Dell was rescued by a passing policeman. Sophia Barrett was now arrested and both parties appeared in the Guildhall Police court together.

Sophia Barrett was charged with assault but showed no remorse. Indeed she went on the attack complaining to the alderman magistrate that Dell had neglected his obligations and left her, a poor widow,  to care for both her daughter and the child. Dell, she said, had ‘never contributed one farthing to the support of the child and had declared that he would not’.  She felt entirely justified in letting the man know exactly how she felt.

Alderman Finnis seemed to largely agree with her. He sympathized with her and dismissed the assault charge on the grounds of provocation. As she stepped down from the dock, her reputation enhanced rather than tarnished, Dell took her place.

Alderman Finnis asked him why he had failed to obey the order of the court to support Emma Barrett and her baby? Dell wriggled in the dock and claimed he had no money to do so. The money ‘he earned’, he stated, ‘was barely sufficient for himself’. It was a lame excuse even if for many in Victorian London barely subsistence wages were the norm. He had ‘had is way’ with Emma and was obliged to face the consequences.

In the alderman’s eyes if he allowed Dell to avoid his responsibilities he would be exposing the good ratepayers of the City to a flood of claims for child support. So he glared down at the man in the dock and told him that he could either pay his arrears now or go to prison with hard labour for two months. Dell refused to pay and so was led away to start his sentence.

It is worth noting that his incarceration did not cancel his debt, on his release he would still be expected to support Emma’s child unless she married and found someone else to pay for its upbringing. So Dell faced an uncertain future if he continued to refuse to pay. Once out of prison he was still liable and unless he found the money he might well end up being sent back to gaol. Moreover, having been inside once his chances of finding regular well-paid work were diminished. If he thought he was merely scraping by beforehand then his outlook after prison was hardly improved.

But at the same time the situation was little better for Emma; any hope that she might have had that Dell would recognize that his best interests lay in marrying her were probably killed stone dead by this prosecution and the animosity that came with it. She would also find it hard to persuade a suitor to take on another man’s bastard. So she would continue to live with her mother in a household with no male breadwinner, and few prospects of avoiding an impoverished existence.

At the heart of this was a child. A child whose father didn’t want her and who the ‘state’ (which in the 1860s meant the parish) didn’t want to have to pay for. Today Emma would be better supported, although our own society still struggles to make fathers take responsibility for the children they beget on women prefer not to marry or support.

[from Reynolds’s Newspaper, Sunday 6 June 1869]