The apple doesn’t fall that far

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William Thomas’ son – Thomas Thomas – had been a difficult child. He had grown up in a large family with eight siblings, another one of which had been in trouble with the law as Thomas had. In January 1866 Thomas had been brought before a magistrate and sent to the Reformatory School ship Cornwall, which was moored off Purfleet in Essex.

The school could take up to 250 boys who had been convicted of offences that earned them three years on board but parents were expected to contribute to the costs. William Thomas now found himself in court at Marlborough Street because he had neglected to pay for his son’s keep. He now owed £1 and 7for his failure to pay 1s 6d  a week.

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William Thomas pleaded poverty but that didn’t go down well with the prosecutor (a Mr Brannan from the Home Secretary’s office) or the magistrate – Mr Knox.

The court heard that William had abandoned his wife and six children at home and was now living in Foley Street with a new partner and had already given her two new mouths to feed. He’d promised to pay if given time but had then furnished Mr Brannan with a false address.

Mr Knox sent him to prison for 10 days and told him to find the money.

Underlying this of course is the domestic environment that Thomas Thomas had grown up in. Poverty, overcrowding, and domestic instability would all have contributed to his delinquency. We are very aware of these issues today and try to support children caught up in them.

Not that we are always that successful: there are still high truancy rates, children are abused and abandoned, and thousands suffer mental health problems. At least birth control has allowed couples to take more control over the size of their families and this would have been useful had it been available to the Thomas’s in the mid 1860s.

[from The Morning Post, Saturday, June 16, 1866]

Tables turned as a complainant becomes the focus of complaint

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Mr Selfe was the presiding magistrate at the Westminster Police court in June 1863 and he was not a man to be trifled with. So when James Cowen appeared not once but twice in his court to complain against another local man for criminal damage he was dismissed with a flea in his ear.

Cowen ran an ‘establishment called Uncle Tom’s Cabin’ in Greycoat Street, Westminster. It isn’t clear what sort of place (shop, beer house, cafe, or club) this was but the name suggests that Cowen was politically motivated in some way. Harriet Beecher Stowe’s 1852 novel had a powerful anti-slavery message and in 1863 America was in the middle of its bloody Civil War.

James Cowen described himself as a ‘medical reformer’ and on his best visit to the court on Saturday 13 June he complained that John Theophilus Rowland had broken a board he was exhibiting outside his premises. Cown produced the damaged board and gave it to Mr Selfe to examine.

The reaction of the magistrate was not the one Cowan hoped for however. Mr Selfe read the words on the board (which were not recorded by the reporter) and declared that he was amazed that Rowland hadn’t broke it over the complainant’s head! The message it carried apparently defamed the British royal family and, in Selfe’s opinion, Rowland was quite right to get angry and smash it up. He dismissed the charge and the accused.

Cowan could (and probably should) have left it there but he didn’t. A few hours later he was back at Westminster to ask the magistrate if he would help him to bring a case to the court of Queen’s Bench.

He stated that ‘no man a right to prevent the expression of his political opinions, and he would certainly make an application to the Secretary of State upon the subject’.

Mr Selfe was scathing in his response and dismissal of the idea. While he was entitled to take his case wherever he wished he didn’t think it would get very far. He told Cowan of a recent case where ‘a person had exhibited an offensive caricature in a shop window which a relative had destroyed’. The man brought an action for damages which was dismissed, and he thought that this one would be as well.

However, ‘a man who insulted the public by the exhibition of an outrageous and disgusting placard could not complain of its destruction’, and once again James Cowan was sent packing from the Westminster courtroom with his tail between his legs.

If only we knew what the sign had said…

[from Reynolds’s Newspaper, Sunday, June 14, 1863]

Can we have our balls back please mister? No, says a Mr Grumpy near the Oval

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The cricket season is upon us and England have already won and lost a couple of home tests this summer. In London test matches are usually played at either Lords (in St John’s Woods) or south of the river at the Kennington Oval. I’ve mentioned the first test between England and the Australians (who are on their way over again) before on this blog but today’s story takes us further back into cricket’s history, to 1868 12 years before the test series began.

Surrey have played county cricket at the Oval since 1845 when the current site (then a market garden) was acquired. We all know that professional cricket has been on the decline in England in recent years but the proximity to a ground can be inspirational, especially for the young. However, it seems that in 1868 one local man living close to the Surrey CC’s ground suffered a rather unfortunate loss of perspective, one that eventually landed him in court.

In early June 1868 a ‘house proprietor’ based adjacent to Kennington Oval, a man named William Wades, was summoned before Mr Elliot at Lambeth Police court to answer a complaint.

The boys of St Paul’s School had been playing a cricket match on the Oval’s pitch throughout the day and several balls had been struck over the boundary and into the buildings or gardens nearby. Wades became fed up at the number of cricket balls that escaped the Oval and started to refuse to throw them back. He collected several and told the lads that they’d have to wait until the end of the day to retrieve them. The staff of St Paul’s prosecuted him for detaining their property.

In court Wades was indignant. He complained that  cricket balls could do a lot of damage and that it was an all too frequent occurrence to see them come sailing over the walls of his premises.

Mr Elliot was not sympathetic, perhaps suggesting he was a fan of the thwack of leather on willow. He told Wades that it was entirely possible that a ‘hard hitter’ might occasionally send a ball clear of the fences but hardly intentionally, any damage that was done would be the responsibility of the club’s management and he should seek redress in the normal way. He told Wades to hand over the balls and awarded costs to the school.

I used to live behind Northamptonshire’s ground in Abington, Northampton and until they extended their fences we quite often got practice balls landing in our car park. If they hit the cars they did no damage and the only problem we ever really had was when their scarifying of the grass covered all our vehicles in a dark red dust – for which the club immediately apologized and offered compensation.

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Interestingly, while England didn’t play the Australian national team until 1880, a team of native Australians (left) did tour England in 1868 and played their first game at the Oval in May that year. The ‘Aboriginals’ were met with some skepticism by the public and a good deal of Imperialist racism by the press, but they acquitted themselves well, playing 47 matches and winning a third of them. There are no accounts of them using sandpaper to tamper with balls or resorting to sledging to put the opposition off their strokes.

 

[from The Morning Post , Monday, June 08, 1868]

Three little girls are failed by a penny-pinching state

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After a campaign by Mary Carpenter and others Parliament passed the Reformatory Schools Act in 1854. This piece of legislation allowed magistrates to send children (up to the age of 16) to a state certified reformatory school for a period of 2 to 5 years. Carpenter and her colleagues believed that juvenile offenders needed to be removed from bad influences and environments and given an opportunity for an education and training for a new life. She and Russell Scott had pioneered the reform with their school at Kingswood near Bristol, which opened in 1852.

It was worthy innovation but it was undermined by at least two things: a lack of money and the imperative that all juvenile convicts should spend time in a prison first (usually about 2-4 weeks). The latter was to meet the demands of society; rarely a good way to conduct penal policy.

The problem was that without proper state funding the number of reformatories established was limited and the levels of staffing always insufficient. Without the space to hold juveniles many were simply returned to their parents once they had served their initial sentences and those in care were not always given the education promised because there weren’t enough staff to supervise them adequately.

Eliza Wood, Emma Major and Margaret Hawkins are just three examples of the problems the reformatory movement encountered in its early years. The three girls, with an average age of 10, had been convicted of stealing at the Lambeth Police Court in the spring of 1860. When it was explained to Mr Norton, the magistrate, that girls’ mothers were ‘drunken and dissipated women’ living in an area around Kent Street that was notorious for crime and prostitution, he decided to use the new option allowed by law. He sentenced them to three weeks in prison to be followed by four years in a certified reformatory.

The girls were taken to the house of correction on Wandsworth Common but at the end of their term the prison governor wrote to Mr Norton. He apologised but said it was impossible for him to send the girls on to a reformatory because there wasn’t one that could take them.

The only certified school in London was at Hampstead, and that was full. Indeed they had already turned away another child that Norton had sent their way: Hannah Reynolds (convicted in February 1860). The governor had been trying to place the trio at a reformatory ‘in the country’ but so far he’d had no success. As a result there was nothing he could do but send them back to Lambeth and the dubious ‘care’ of their parents.

Various charities existed to help juvenile offenders and the governor assured Norton that he had tried to enlist their support but that they too had been unable to help. It seems that the new legislation was the victim of its own success; so keen were magistrates to use the option of sending children away that the reformatories simply couldn’t cope with the numbers.

I am firm believer in the necessity of spending money on criminal justice, whether that be on police, prisons or the courts. This country has a very long history of penny pinching when it comes to penal policy, sometimes in the misguided notion that treating criminals harshly by making their environment as unpleasant as possible somehow prevents others from criminality.

It doesn’t. All that is achieved is to brutalise those locked up or to make it harder for offenders to return to society and find work on release. This simply perpetuates the cycle of offending.

We have seen what fewer police on the streets means for our society: it means higher levels of violent crime and wilful disregard for the laws of the road. We can also see what the result of austerity in the court service is, as several recent rape cases have collapsed because insufficient resources have been deployed to allow a thorough disclosure of information that might be useful to defendants.

These three little girls (aged 10, 9 and 10) should never have been sent to the Surrey house of correction at Wandsworth (later the prison that now bears that name). But the age of criminal responsibility was low and children were routinely caught up in the justice system and flogged, imprisoned, transported, or even executed on rare occasions. Mary Carpenter’s vision was the right one for the time: the separation of children from the poverty and destitution that overwhelmed them in Britain’s growing urban and industrial districts. Sadly the government of the day only paid lip service to this vision and so the reformatory movement was hamstrung from its birth.

If we want to deal properly with crime and its causes we need to invest the time, money and effort in it, not be constantly looking at ways of saving money which we justify with a level of analysis worthy only of the most populist of modern tabloid newspapers.

[from The Morning Chronicle, Wednesday, May 2, 1860]

A ‘Champagne charley’ causes mayhem in the cells

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John Betts’ appearance at the Mansion House Police court in early May 1867 caused something of a stir. Betts, a notorious thief in the area, was arrested in Crutchedfriars in the City at 11 o’clock at night as he raced away from a victim he’d just robbed.

Charles Cadge had been walking with his wife in Gracechurch Street when they encountered Betts. The robber started him ‘full in the face, and then made a rush at him and snatched his watch from his pocket, breaking the guard’. It was a daring attack and had a City Police patrol not been just around the corner the thief might have evaded capture.

However, now he was up before the Lord Mayor, and he was far from happy about it.

Those waiting for their cases to come up were supposed to stand quietly once they had been brought up form the holding cells but Betts was in no mood to behave. He had made so much noise before his own hearing that he’d been taken back to the cells and while Mr Cadge and other witnesses (Inspector White and one of his constables) tried to give their evidence Betts made such a row that it was almost impossible to hear them.

Once in the dock he refused to give his name. Asked again (even though the warder of the City Prison said he was well known to him) he said he would only give his name if they gave him half a pint of beer. When this was not forthcoming he started singing the music hall standard ‘Champagne charley’.

The Lord Mayor admonished him, telling him to behave himself.

‘I shan’t’ Betts replied, ‘I want half a pint of beer. I have had nothing this morning. Look at my tongue’ which he stuck out, provoking much laughter in the courtroom.

The magistrate simply committed him for trial at the next sessions and the gaoler went to take him away. But Betts wasn’t finished and he lashed out, resisting the attempts to lead him to the cells. Two constables had to help the gaoler drag the prisoner down the stairs. As he passed a glass partition that allowed some light to the cells below Betts kicked out violently, trying and failing, to smash it.

Placed in a cell on his own he continued his protest, smashing ‘everything he could lay hold of, and armed himself with a large piece of broken glass in one hand and a leaden pipe which he had succeeded in wrenching up in the other’ and standing there in just his shirt, ‘he threatened with frightful imprecations that he would murder anyone that approached him’.

When he was told what was happening below him the Lord Mayor ordered that Betts be secured and taken directly to Newgate Prison, but this was easier said than done. Several men were sent to take him and after some resistance he gave in and said he only wanted a half pint of beer and he would desist. Finally the gaoler acquiesced and Betts was given a glass of porter, which was placed carefully on the floor of the cell in front of him. He tasted it, declared it was ‘all right’, gave up the weapons he’d armed himself with, and was taken to Newgate to await his trial.

When Betts (or in fact Batts) was brought for trial at the Old Bailey he refused to plead, pretending to be mute. A jury determined that he was ‘mute from malice’  not ‘by visitation of God’ (in other words he was shamming) and the court entered a not guilty plea on his behalf. It wasn’t a great way to start one’s defence but by now I think we know that Batts was probably suffering form some sort of mental illness. Even his encounter with the police that arrested him suggests an unbalanced mind (as the Victorians might have described it).

Inspector White explained that:

On 2nd May, about eleven o’clock, I heard a cry of “Stop thief!” and saw the prisoner running—I stopped him with the assistance of another constable, and said,”Where are you going?”

He [Batts] said, “All right, governor, I am just going home; we are having a lark”—he ran round the urinal, took a watch out of his trousers pocket, and threw it against the urinal—I picked it up, and Cadge came up and identified it

On the road to the station he said, “It is only a lark; I did not take the watch, it was only a game; I did not throw it there”—he said nothing at the station except joking.

The prisoner said nothing in his defense and was convicted. It was then revealed that he had a previous conviction from Clerkenwell Sessions in 1864 where he’d been given three years’ penal servitude for stealing a watch.

For repeating his ofence the judge sent him back to prison, this time for seven years. He was let out on license in 1873 and doesn’t trouble the record again after that. Perhaps he went straight, let’s hope so as in 1867 he was only 21.

[from The Morning Post , Saturday, May 04, 1867]

The ‘extraordinary life of an ungovernable girl’.

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Silena Salter was by all accounts an ‘extraordinary’ young woman, By the age of 18 she was already a well known character at the Guildhall Police court in the City of London. She had appeared there on no fewer than 19 occasions charged with disorderly conduct but although she was possessed of a ‘violent and uncontrollable temper, that amounts almost to madness’ she was otherwise ‘honest, sober, and virtuous’.

On the 24 April 1866 she had again rung the bell in the vagrant ward at the West London Union workhouse despite promising never to do so again. This was the charge that kept on bringing her before a justice and it seemed the authorities were completely unable to prevent this young woman from misbehaving. One magistrate had refused to even take the case and left it for Alderman Waterloo, to whom she had last made her pledge to behave. He saw her on the 28 April and was joined in court by the governor of the City Prison, Mr Weatherhead.

The governor handed the justice a pamphlet detailing the ‘Sad Story’ of Silena’s life. The girl had been born in Bath, the daughter of a gardener and her mother had died when she was very young. Her father remarried but Silena’s stepmother ‘possessed little, or no, control over her’ and she was ‘left to her own inclinations’.

She went to school and then into service as a domestic but she didn’t take to either of these attempts at improving her character. She ran away, stealing money from her stepmother and came to London in search of a new life. A young man who was sweet on her followed after her but she wanted nothing to do with him. Left alone she ended up homeless on the streets of the capital, wandering from workhouse to workhouse until her ‘refractory’ behaviour earned her a spell in Holloway Prison.

Several times the authorities sent her back home to Bath, but each time she ‘escaped’ and returned to London. This girl was a force of nature and it seemed no one was going to tame her rebellious spirit. A drastic situation called for drastic measures and the authorities in London decided to send her abroad, to America.

On the 29 November 1865 she sailed from Liverpool to New York where ‘hopes were entertained that in another country she would become a better girl’. But ‘such hopes were futile’ the pamphlet observed.

Silena upped sticks and worked her passage back to Britain and to London.

Despite the best efforts of the magistracy, the Poor Law authorities and several well-meaning ‘charitable ladies’ it seemed that the obstinacy of this young woman was such that she was determined not to be ‘saved’ from herself. She was ‘a living witness to the waywardness of the human heart’ and Alderman Waterloo said there was really nothing else he could do for her but to send her to Holloway once more.

He did so ‘not in the expectation that the punishment would do her any good, but I the hope that some of the kind friends who visited the prison might devise some means of reclaiming her’.

Silena was taken down to the cells where she kept up a steady protest by kicking at the doors until the van came to take her to prison. 

[from The Standard , Monday, April 30, 1866]

‘None will doubt but that our emigration, has proved most useful to the British nation’*. A lack of opportunity at the end of transportation.

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In April 1867 two teenagers appeared at the Greenwich Police court accused of the possession of  a variety of items that didn’t belong to them and being unable to ‘give a satisfactory account; of where they acquired them. Basically then, it was assumed they’d stolen them.

Arthur Edmonds was just 13 and lived in Birdcage Walk, Hackney while Thomas Taylor was older (at 16) and gave his address as Oakford Terrace, Boston Street, Goldsmith’s Row close to what is now Haggerston Park. So what were these two doing south of the river in Greenwich?

Well, as the court was told at 5 o’clock on Friday evening, 26 April, Thomas walked into a pawnbroker’s shop in Deptford and attempted to pledge 13 silver spoons. The assistant was suspicious and called the police. When PC Savage (484A) arrived he quizzed Thomas about the spoons and didn’t believe the lad’s explanation that he had found them while across Blackheath.

Thomas was arrested and Arthur picked up soon afterwards. When they were searched Thomas was found to have a small clock on him while his younger partner in crime was in possession of a huge haul. The police found:

‘an eye glass, £1 12s6d. in money, seven silver, and four brass coins, a syringe’ plus ‘a watch, [and] eight shirt studs’.

The pair were charged before Mr Traill and Edmonds’ father identified most of the goods his son had on him as his own. He explained that Arthur had run away on the previous Thursday (25/4) taking with him a writing desk in which most of those items had been stored. He’d also taken some clothes and the watch, which belonged to one of his other sons.

Taylor had previously been before the magistrates at Worship Street, which was much closer to home, so perhaps his desire to pawn the goods in South London was a deliberate move to avoid detection. Thomas told the court that he’d met Arthur and the younger boy had asked if he could join up with him. It sounds as if Arthur Edmonds was an unhappy youth or perhaps just a troublesome one. Did he run away for the adventure or because home was a place he feared?

The magistrate decided that the state needed to intervene here and sent both lads for trial at the next Sessions so that Arthur could be committed to a juvenile reformatory where he might learn some discipline and be removed from bad influences. Thomas was too old for a reformatory so if was convicted he’d face prison and probably lose all chances of leading an ‘honest’ life in the future.

One option for the pair might have been to transport them to the Australia and earlier in the century it is entirely possible that this is where they might have wound up, Thomas Taylor especially. But by the 1860s fewer and fewer convicts were being transported overseas and the last ship (the Houguomont) sailed in October 1867 with 280 ‘passengers’ on board.

Taylor is not an uncommon surname and Thomas a very frequently used first name but in December 1867, just 8 months after this incident, a Thomas Taylor was committed for trial at the Old Bailey by justice Newton at Worship Street. The17 year-old brushmaker was convicted of stealing 4 pairs of boots and sentenced to 4 months in Cold Bath Fields house of correction. The age is about right as is the area, so this may well be the same young man. His brush with the law at Greenwich clearly didn’t do enough to put him off.

Last night I went to the theatre, the Theatre Royal at Stratford to be precise. There I watched a production of Our Country’s Good by Timberlake Wertenberger performed by the Ramps on the Moon players in collaboration with the Nottingham Playhouse. The play is focused on the experience of a group of convicts transported to New South Wales in 1787 as part of the First Fleet to reach Botany Bay. In what is a play within a play a small number of transported felons battle prejudice and systemic abuse to put on a performance of Farquhar’s The Recruiting Sergeant, a restoration comedy that involves nearly all the cast playing more than one role.

It is based on a true story and is a reminder that it was those banished to Australia in the late 1700s and early 1800s that carved out a new life for themselves that did so much to establish the colony on the other side of the world. Transportation officially ended as a punishment in 1868, with the Houguomont being the very last transport ship to arrive in Western Australia in January that year. Thereafter most of those convicted by English courts would be sentenced to varying terms of imprisonment in the increasingly rigid British penal system. The opportunity for a new life, despite the fears it brought with it, would have to wait until British society was sufficiently affluent – about 100 years later – for some members of the working classes to choose to emigration ‘down under’.

Our Country’s Good is an excellent play and the Ramps on the Moon troupe are fantastic players, so do go and see it if you can, in London or elsewhere.

[from The Morning Post, Monday, April 29, 1867]

*Wisehammer’s prologue to The Recruiting Sergeant, Our Country’s Good, (1988)