‘You must have a go at the treadmill’ a regular visitor to the courts is told.

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Beggars and vagrants were an endemic problem for the police and magistrates of nineteenth-century London. The Vagrancy Act (1824) empowered the New Police to sweep anyone begging from the streets and the Poor Law allowed for the repatriation of the unentitled back to their place of last settlement. But once arrested what could be done with ‘sturdy beggars’ like Thomas Costello? A spell in prison held little fear for them and if they had lived and worked in a town for a year at least then they could claim it was their home and be hard to get rid of.

This was the Lord Mayor’s problem as he peered down at Costello standing in the dock at Mansion House Police court in August 1837. A policeman had brought the Irishman in because he’d been upsetting sensibilities by begging ‘in a most importune style’ the court was told.

His way was to fix himself shivering and shaking against the wall, and his deplorable appearance, for he could make is very eyes almost start out of his head, soon brought customers to him’.

The officer had tried to get him to leave the city’s boundaries but Costello refused, so he took him into custody.

He wasn’t an unfamiliar sight in the police courts and the Lord Mayor was sure he recognized him. ‘We have often told you to leave the city’ he grumbled, ‘why do you persevere in annoying us?’

‘Ah, please your honour’, came the reply, ‘I’m all over pains and aches; I’m afraid I’ll never get well’.

‘You are sick with idleness’, the Lord Mayor quipped, seeing what appeared to be a strong man in the dock before him. Thomas claimed to be suffering from a bad fall from a horse, but the magistrate clearly didn’t believe him. Nor did he buy the man’s complaint that his eyesight was failing and the policeman agreed saying that:

‘there was not a beggar in the city – able and active as they were – who had better use of his eyes and hands than the defendant, who could see an officer at any distance, and get out of sight in a twinkling’.

‘Oh yes they ought to put me up as a tellygraph [sic]’ joked the prisoner, beginning to enjoy his moment in the spotlight perhaps. ‘You’d swear that I could read the newspaper from this to Portsmouth in a fog’!

Keen to determine whether Costello had been up before the bench recently (and so perhaps worthy of a more serious penalty) the Lord Mayor asked him. The beggar said he’d not been in trouble for three years which caused the police officer to comment that it couldn’t be less than six months. Guessing that he’d been in and out of gaols all over the place and that they’d proved to be no deterrent the Lord Mayor made one last effort to persuade Costello to leave London, or at least the city itself.

Oh! dear no; I won’t disgrace myself by going out of your jurisdiction’ Costello answered, no doubt with a smile, ‘I’ve got no parents, God help me, but yourself and the likes of you’.

London was his home and he wasn’t going to leave it for anyone.

And for the next couple of months he definitely wasn’t going anywhere. ‘You must have a go at the treadmill’ the justice told him.

‘I know where the mill is precious well’, Costello responded, ‘It ain’t out of the city, is it, my lord?’ And off to Bridewell he went, where he’d be fed and watered at the ratepayers’ expense but at least he wouldn’t be bothering the good citizens of London for a while.

[from The Morning Chronicle , Friday, August 11, 1837]

Stark contrasts as privilege triumphs on the back of human misery

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Elizabeth Avery had committed a very common crime in early Victorian London and received a very usual sentence for it. When she was brought before the Queen’s Square Police court on 25 June 1837 (just five days after the queen acceded to the throne) she was accused of stealing a silver spoon. The theft was discovered when Elizabeth had attempted to pawn the item and the ‘broker had become suspicious.

The spoon belonged to Philip John Miles, the sitting Conservative MP for Bristol who kept a house in London as many provincial members did. Miles owed his position to wealth and his money derived from banking and his family’s sugar plantations in Jamaica. Until 1833, Miles, like many rich and powerful men in the eighteenth and early nineteenth century England, was a slave owner. The honourable member for Bristol (who had previously held seats at Westbury and Corfe Castle) was a millionaire in his day and had acquired the slaves he had owned indirectly, as his bank took possessions of them when their owners defaulted on their mortgages.

Slavery had been finally abolished in 1833 after a long campaign and owning slaves was now illegal (the trade itself had been banned in 1808). But it left the thorny question of compensation. Not for the enslaved of course, but for the men that would have to give up their ‘property’, such was early nineteenth-century logic. A project at University College London reveals that around 10-20 of Britain’s wealthy elite have links to slavery in the past; ours was an economy built on the forced labour of millions of African slaves – something we might remember more often.

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Philip John Miles did very well out of the compensation scheme that was enshrined in law in 1837 (by a parliament in which he sat of course). His son became a baronet who also sat as a Tory at Westminster. Throughout his political career he never once had to contest an election and only resigned his seat so his son could ‘inherit’ it.

This son, Sir Philip Miles (2ndbaronet), also pursued a career in politics and was a little more active than his father or grandfather. He was more ‘liberal’ than either, even supporting votes for some women in 1884.

The Miles’ then were a wealthy, privileged family who handed that wealth and influence down to their children so they could enjoy the benefits that it brought. Contrast this then with Elizabeth Avery, who stole a spoon from John Miles’ dinner table. She was the daughter of a charwoman – a lowly servant who had worked for the family for 14 years, doing their laundry. Avery regularly went to see Mr Harding, a pawnbroker on York Street, Westminster, sent by her mother to pledge things so they could pay their rent and feed themselves.

On the night the spoon was lifted John Miles had thrown a lavish party and the Averys had come round to clear away the lined to wash. Elizabeth must have been tempted by the huge array of silver on show and, having seen such things in the pawnbrokers and knowing they could be transformed into money, pocketed it.

She was only seven years old after all.

In court Mr White the sitting magistrate, having heard the case against Elizabeth (presented by Miles’ butler and the pawnbroker’s assistant), called for the girl’s mother. He admonished her for sending her daughter to a pawnshop, saying that she ‘most probably would not have stolen the spoon had she not known a method of disposing of it’. In order to emphasize his message and the lesson he wanted Mrs Avery to learn he sent Elizabeth to prison for seven days.

So, for taking a spoon from the table of a man who owed his possession of it to a trade in human beings a little girl of seven, raised in poverty, was condemned to spend a week away from her mother in the squalid conditions of the Westminster House of Correction.

While the Miles family prospered I wonder what happened to the Averys? I suspect that Mrs Avery may have lost her job cleaning linen for the Miles household. That would have thrown a poor family into crisis and Elizabeth may have been forced to turn to some form of crime to survive thereafter. Many of London’s prostitutes started that way, and in 1842 a teenager called Elizabeth Avern, alias Avery, was convicted of stealing a boot valued at 29d.

Of course it may have been a different Elizabeth Avery but the court noted she had a previous conviction and as a result they through the book at her. She was sentenced to 7 years transportation to Australia. Transportation was a form of forced migration, which effectively enslaved those condemned to work for the British state as it built its empire ‘down under’.

I suppose that is what we might call poetic ‘injustice’.

[from The Morning Post , Monday, June 26, 1837]

The ‘madman’ who refused to do as he was told.

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St John’s Church, Holloway

Not for the first time I’m struck by how frequently the police courts of the metropolis (the forerunners of modern magistrates courts) prosecuted individuals who exhibited clear sign of mental ill health. Victorian society not only lacked the resources to care for the mentally ill, they also had a much less well-developed understanding of them.

As a result the ‘mad’ and ‘insane’ were locked up in institutions like Bedlam (which gives us a popular term for chaos), small private asylums, or, later in the century, larger public ones such as Colney Hatch. The treatment individuals received in such institutions varied but it very far from being ‘caring’.

This was probably the sort of place that John Hassalt ended up in after his brush with Mr Laing, the sitting magistrate at Hatton Garden, in May 1837. At the start of Victoria’s reign John may have been sent to Hanwell in Middlesex, which opened in May 1831. But he might equally simply have been housed in one of the capital’s many workhouses, especially if he was poor. There he would have had virtually nothing that might be described today as ‘specialist mental health care’.

So what had John Hassalt done to earn his appearance in court and a possible relocation to an asylum or workhouse?

John was a bricklayer – or so he was described in court – and he was charged, by the churchwarden of St. John’s in Holloway, with ‘having disturbed the congregation in church on Sunday’.

Mr Povey, the churchwarden, explained that on that morning he’d entered the church just as the curate was reading prayers. Hassalt had approached the pulpit and was about to enter it and take over the service when Povey and several other parishioners seized him and led him away. It was not the first time John had tried to interrupt proceedings he added, but enough was clearly enough for the exasperated churchman.

Apparently all John Hassalt wanted to do was ‘expound the holy truths of religion’ to the gathered audience. When questioned by the magistrate he said nothing other than this in defence and clearly thought he was entitled to do just that. He had written to the curate to express his wish and determination to preach and thought that would or should suffice as explanation.

Povey piped up to say that Hassalt was clearly ‘touched in his intellect’ (in other words he was ‘mad’).

No, I am right enough’ countered the bricklayer.

To which the justice declared that:

his notions of religion could not be very correct or he would not disturb a Minister of the Gospel in the performance of his duty’. He must promise not to do so again.

Hassalt would make no such promise. Indeed he solemnly swore notto! At this the magistrate lectured him on his conduct at some length and warned that if he was brought before him again he would be forced to send him to prison.

I doubt that would have done much good – the warning or a prison sentence – because Hassalt was convinced of the rightness of his beliefs. I fear the only logical outcome of this was likely to be his future confinement, not to a prison, but a mental hospital, either on the command of the state or at the expense of his family, if he had any.

[from The Morning Post, Tuesday, May 23, 1837]

This has similarities to another tale over interruptions to church services (this one at St Paul’s) and for other stories that involve mental illness see:

A lack of ‘care in the community’ at Lambeth Police Court

‘I won’t have a month, you must give me more’: an unhappy drunk at Westminster

‘I wish I had finished the pair of them’: dark threats at Clerkenwell

Laudanum, primroses and mental health collide as the millennium approaches.

 

Stockings, lace and a muff: The reluctant haberdasher and the fashionable shoplifter

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A rather brief entry today, as I have 40 exam scripts to mark!

In 1832 the ‘New Police’ force was still rather new. The public were probably getting used to seeing the ‘bluebottles’ on the streets, with their swallow-tailed coats and tall stovepipe hats. The individual victims of crime remained key to prosecutions however: the police largely acting as the old watch and parish constabulary had done, as a reactive force.

5300d2bf0b864dced8880d3c673cad3bOn May 11 (a Friday) Joanna Garth entered a haberdasher’s shop in Percy Street, Marylebone and bought a piece of lace for 2s 7d. Having made her purchase she then asked the shopman if she might have a look at some stockings, and some things. He obliged her and Joanna took a seat by the counter to examine the goods, but didn’t buy any of them.

The assistant had noted that she was ‘middle-aged’ and ‘fashionably-dressed’ and was carrying a muff. Others might tell me whether this was normal for this time of the year, but May can be cool out of the sun or perhaps it was on trend to carry such an accessory in the 1830s.

As he watched her the shopman noticed her pull a pair of the stockings into the muff and as she rose and made to leave the shop he challenged her. He found the stockings in the muff, and another pair balled up in her hand and, when he looked back to the chair she’d sat on, found a card of lace discarded by the chair leg which she’d possibly also been trying to steal.

The haberdasher’s assistant went to the door of the shop and called for a policeman. PC Hancock of S Division appeared and accompanied the woman to the nearest police station. She was charged at Marylebone Police Court on the 16 May with shoplifting at Harris’ premises where all this evidence was heard.

It was a pretty clear case but the haberdasher was reluctant to prosecute. Did he know Joanna? Was she a regular customer? Her lack of title suggests she was unmarried, was this an example of what the late Victorians termed kleptomania? Shoplifting by ‘respectable’ middle-class ‘ladies’ was not infrequently attributed to the supposed mental ‘weakness’ of the female sex, rather than being deemed ‘criminal’. Had Joanna been a working-class woman things might have been very different. Harris would have been quite likely to have wanted her prosecuted and punished but in this case he tried quite hard to have the case settled summarily and without penalty.

The magistrate was less keen to let it go however. He did let her leave his court on the promise she would return when requested, but set bail at the huge sum of £200. This in itself speaks to the wealth of the woman, an heiress perhaps, independently wealthy at least? £200 in 1832 is the equivalent of about £13,000 today so that gives you some idea of the level of bail the magistrate set. By comparison the goods she was accused of pilfering were worth about £9 in today’s money.

The case doesn’t seem to have made it to a jury trial and I’ve found no further mention of it at Marylebone so it is quite likely that Harris dropped his prosecution and settled the matter. The police were not obliged to press charges and there seems little to gain by anyone doing so. Joanna Garth was not the sort of offender that late Georgian society was concerned about or that the Metropolitan Police were created to combat. Hopefully she kept her ‘kleptomania’ under control after that and simply used her muff to warm her hands.

[from The Morning Post , Thursday, May 17, 1832]

‘I don’t give a damn who drinks here, so long as they spend plenty of money’.

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Hungerford Stairs, c.1822

1830 was the first full year that the Metropolitan Police patrolled the streets of the capital. They received a mixed reception and often concentrated on the sorts of offences that were easy to clear up, as this made it easier to justify the ratepayers’ expense in paying for them. This involved policing street crime (pickpockets, shoplifters, robberies) as well as moving on traders, vagrants and beggars, drunks and gamblers, and keeping an eye on licensed  premises (pubs and beer shops for example) to ensure they were were training out of hours or illegally.

Sometimes they took proactive action, watching public houses and even donning plain clothes to catch out unsuspecting landlords; on other occasions they relied on tips off from the public or informers, or simply reacted to complaints.

In May 1830 a Thames waterman had lost his apprentice. The lad had gone out and not come back but the master had a pretty good idea where to look. He made his way over, at three in the morning, to the Cannon public house, by Hungerford Stairs. There he found his apprentices and another boy ‘playing at cards, and in a state of intoxication’.

He collared them, dragged them home and, on the next day, brought them before Mr Minshull the Police magistrate at Bow Street.

The waterman said that the Cannon was notorious for being open all night but when he’d companied to the landlord there about allowing the two apprentices to drink and gamble he’d got short shrift.

The landlord said he ‘did not care a d____ who came to his house so long as they spent plenty of money‘.

The magistrate told the boys the off and warned them to behave in the future, and then discharged them into the care of the two watermen they were apprenticed too. If they hadn’t been disciplined already  they could expect a thrashing when they got home. As for the landlord well Mr Minshull was determined he wouldn’t escape the law and so he instructed the New Police to investigate. It was against the terms of the Police Act for the landlord to suffer ‘card playing and other prohibited games’ in his house and he could expect the ‘heaviest penalty’ if prosecuted.

Following this the superintendent of police appeared to request and receive permission to prosecute seven similar establishments for breaches of their licenses. They could all expect large fines and regular visits from the police.

Not surprisingly then the relationship between the police and the landlords of the city got off to a bad start from the New Police’s inception  and didn’t improve much thereafter. Some police could be bribed to turn a blind eye, others probably thought there were bigger fish to fry and found pubs a useful source of information. Others were incorruptible. Either way, pubs were ‘easy pickings’ for a new police force determined to prove its value to the community it served.

[From The Morning Post, Wednesday, May 05, 1830]

A terrible discovery in Bunhill Row reveals a domestic tragedy.

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Elizabeth Collinson was employed as a servant in the household of Mr Morris, a cabinetmaker in Curtain Road, Shoreditch. When his wife discovered that her unmarried serving girl was pregnant she ‘turned her out of doors’ so she wouldn’t bring disgrace on the family.

It was a heartless thing to do but typical of the way that ‘bastard bearers’ were treated in the nineteenth century. Very many unmarried servants fell pregnant as a result of relationships with other servants, sometime consensual, often not, and it was invariably the woman that was held responsible. A servant with a child, especially a baby, who no longer an asset but a liability; her work would be restricted and there was another mouth to feed. So Mrs Morris’ decision – callous as it was – is also understandable. However, in this case she may have had another reason for expelling Elizabeth and her unborn child.

Elizabeth left the house and took a box with her. Several weeks later the box was discovered in a house in Bunhill Row belonging to a surgeon. Inside was the body of a baby, ‘partly eaten by rats’. The girl was eventually arrested and in April 1839 she appeared before the magistrates at Worship Street charged with ‘making away with her illegitimate child’.

In court Elizabeth stood her ground. She told the justices that the cabinetmaker Morris was the father of her child and that he had ‘given her something to procure a premature birth’. She was suggesting that Morris had told her to get an abortion and supplied her with the abortifacient. That was illegal but it was hard to prove and Mrs Morris was quick to dismiss the girl’s testimony as lies, she said she didn’t believe her at all.

I wonder however if there was some truth in what Elizabeth had said. Mr Morris wouldn’t be the first employer to have an affair with a younger woman working in his house. Moreover, he held all the cards and could have easily told Elizabeth she would be dismissed if she didn’t do as he said. As for Mrs Morris, we might imagine why she’d want the girl gone and, while being angry and upset at what her husband had done, may also have been desperate to save her marriage in a society where divorce was all but impossible for a woman of her class.

The magistrates turned their ire on her however, reprimanding her for her ‘inhumanity in turning the poor girl into the streets under such circumstances’. The court then heard medical evidence concerning the state of the child when discovered. It was impossible to tell, the witness stated, whether the baby had been born dead or had been killed shortly afterwards. That mattered as if the latter could be proved then Elizabeth would face a trial for infanticide. Since it could not the justices committed her to be tried for concealing the birth of her child, which carried a maximum sentence of two years’ imprisonment.

Only three trials of women accused of concealing a birth are recorded in the Old Bailey Proceedings after April 1839 and Elizabeth is not one of them. Perhaps the prosecution was dropped or insufficient evidence secured to bring it to court. Maybe Morris recognised that for this story to be heard again in open court might expose him to criticism, humiliation or worse, a charge of aiding an abortion. Given all of this it seems it was in no one’s interest to drag Elizabeth through the courts and into a prison, her life was already ruined by the disgrace and the best she might hope for was that someone else would give her a position and that she might leave this tragedy behind her.

[from The Morning Post, Monday, April 22, 1839]

‘A Reckless Blackguard’ in the dock for a murder on the Isle of Dogs

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Today’s case took up almost the entirety of the Morning Chronicle’s  crime news coverage when it was published in April 1838. The story concerned a murder and, if that was not sensational enough for the paper’s readers, a murder that had taken place nearly a year earlier. The case had surfaced on the previous Monday when it had been brought before the magistrates at Greenwich, but when it was determined that the victim had been murdered by the banks of the River Thames, they transferred it to the Thames Police Court.

The victim was an engine smith named Duncan Crawford and he had met his death opposite Greenwich, on the Isle of Dogs on the 9 April 1837. His killer had remained unknown and at liberty ever since but on 10 April 1838 Thomas Paul (alias Scott) was placed in the dock at Thames to be formally examined by two justices: Mr Ballantine and Mr Greenwood.

Paul looked rough but the paper wanted to show him as suitable murder suspect. He was bruised and battered from some recent scuffle (suggestive of his violent tendencies) but he still cut a ‘tall, athletic’ figure in the courtroom. However the reporter was at pains to point out that the prisoner at the bar had the appearance of ‘a reckless blackguard’. He was clearly agitated by his public examination:

‘he betrayed considerable emotion, and his legs and arms frequently crossed and re-crossed each other, and his countenance underwent several changes’.

Here was a man ill at ease with himself, was his failure to control his emotions and sign of inner turmoil and his guilt? I think that is what the writer wanted his audience to think. Murderers had to look different from the rest of civilised society; a monster amongst us and Paul’s inability to keep control over his own body was surely a sign of his animalistic nature desperately trying to break out.

The arrest had been made by PS Benjamin Lovell (15R) who’d picked him up at his lodgings in Deptford. He had given the name Paul but apparently this was  alive, his ‘real name was Scott’ and he went by the nickname locally of ‘Scottey’. It seems as if ‘Scottey’s downfall was that after attacking Crawford and robbing him, he sent a female friend off to pawn the gold watch seals he’d  stolen. She took them to a pawnbroker but this had been discovered by the police and the watch identified as the victim’s. When sergeant Lovell arrested Paul/Scott he admitted giving a woman a watch to pawn.

Mr Ballantine wanted to be sure that Lovell had not tricked his man into revealing what he’d done. He hadn’t the policeman assured him. He had arrested him (on a tip off from a woman – the woman who pledged the watch perhaps?) and when he’d searched him he’d found a number of suspicious items including one or two more duplicated for items pledged at Mr Perry’s pawnshop in Flagon Row.

All of this evidence was backed up by James Cooper (191R) another police officer who’d been present at the arrest and presumably involved in the Greenwich police’s investigation. The court now heard from Anna Philips who lived in the same street where Paul had lodged, Dock Street.

Anna recalled that a year earlier a young woman named Jane McCarthy had popped in to ask her advice. Jane had three gold watch seals and she wanted to find out if they were genuinely gold, of just fake. Jane was Thomas Paul’s lover, the pair cohabited Anna explained, and so it must have been her (Anna Philips) who’d given the information that led to Paul’s arrest.

Why had it taken her a year though? Well it seems she had quarrelled with Thomas Paul a few weeks after the seals were brought to her house. Paul had thrown a jug at her and in her rage she’d said she knew that the watch seals were stolen and had heard they came from a  man that had been murdered. Paul then seized her and ‘swore he would murder her if she said so again’, so she said she’d keep her thoughts to herself.

Two other women had been involved with Paul: Mary Davis had taken the watch to Perry’s (where the pawnbroker had ‘stopped it’ – in other words seized it because he thought it to be stolen). She reported this to Paul. Elizabeth Tiller had lived with Jane McCarthy and so knew her side of the story. Paul had told her he’d found the seals in the river, she had nothing to do with the robbery. Not that it mattered much anyway, since Jane had died four months earlier, how or of what Elizabeth didn’t reveal in court (although we do discover this later).

Possibly the most dramatic moment in court was when the next witness came forward. She was Mrs Charlotte Johnson, a respectable woman that lived in Rotherhithe Street with her elderly father. Duncan Crawford had lodged with them for seven months, so she knew him well. Mr Ballantine handed her a silver watch case inscribed with the initials ‘J.R.K’.

‘Now look carefully at this watch-case’ the magistrate told her, ‘and don’t let me mislead you. Tell me whether this is the deceased’s watch-case or not’.

The case produced was that detained at the pawnbrokers and so it could be traced back to Paul and the murder. The public in court must have held their collective breath.

‘That is it, sir’ replied Mrs Johnson, ‘He had it on the day he left my father’s house’.

She was handed several other items found at the ‘brokers and believed to be Crawford’s. She identified some of them but couldn’t swear to everything there. There seemed to be enough evidence though that these things were Crawford’s, but that didn’t mean that Paul/Scott had killed him. He had claimed he’d found the items in the river and Crawford had ben found dead in a pond by the river, maybe Paul had simply robbed an already dead body? Callous yes, but criminal? Not clearly.

The magistrate asked what the coroner’s verdict had been. After some hesitation he was informed that the victim had ‘been found drowned, with marks of violence on his person, but how or by what means they were caused was unknown’. This was long before effective forensics remember.

Mrs Johnson’s father had identified Crawford’s body in the Poplar dead house. He aid he ‘had no doubt he’d been robbed and murdered’.

‘He had received a tremendous blow under the left ear, another on the forehead, and the legs were bruised from the ankles up to the knees, as if they had been trodden upon’.

Mr Ballantine thanked him and turned to the prisoner. Did he wish to say anything at this stage? The matter was serious and ‘affected his life’. Paul was well aware of that and declined to offer a defence at this point. Mr Ballantine remanded him to appear again, with all the witnesses and the pawnbroker Mr Perry, on the following Wednesday.

It was left for the reporter to paint his readers a picture of the discovery of Crawford’s body and reflect on what was known about the murder (if that’s what it was, and the Morning Chronicle had no doubt it was). Crawford’s body had been found ‘in a lonely spot’ on the island, covered in mud close to the muddy pond.

‘It was extraordinary’ the report continued, ‘that the facts relating to the murder of Crawford have not come to light before’. Scott (Paul) had many quarrels with his neighbours, and with Jane McCarthy and it was said that his violent outbursts ‘hastened her death’. Two days before Jane died she told one of the women who gave evidence that day that Scott had confessed to the murder.

In the end however, the magistrates must have decided there was insufficient evidence to charge Paul with Crawford’s murder. He was indicted instead for simply larceny and tried at the Old Bailey in mid May of that year. The jury convicted him and the judge sentenced him to be transported to Australia for seven years. He was 36 years old and, if the records are accurate, he did ok ‘down under’ living to the ripe old age of 88. As for Duncan Crawford, he must go down as one of thousands of murder victims in the Victorian period whose killers escaped ‘justice’ as contemporaries would have understood it.

[from The Morning Chronicle, Wednesday, April 11, 1838]