Tag: aggravated assault

Inconsistency and the legacy of slavery as two assaults come before the courts

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Memorial to the Demerara slave rebellion of 1823, which commemorates the Guyanan resistance hero, Quamnina.

I suppose it is too much to ask for consistency from the criminal justice system when cases come in all sorts of shapes and sizes and the circumstances of each can be quite different. This is especially true when it concerns violence, specifically violence which fell under the very broad terms of ‘assault’ in the nineteenth century.

Assault was always a very fluid term in law, made clear in instructions to magistrates from Dalton to Burn from the 17th to the early 19th century. Even the advent a professional police and the creation of a Police Code book did little to cement a clear understanding of what assault really was. By the later 1800s there was at least distinction between ‘common’ and ‘aggravated’ assault, but the former definition was as vague as it had been in the 1700s:

‘A common assault is the beating, or it may be only the striking, or touching of a person’.

Police were advised not to arrest aggressors in these cases, ‘but leave the party injured to summons’ them. If actual violence was evident (wounds were obvious for example) the officer was obliged to take culprits into custody, even if they hadn’t seen the incident themselves.1

This allowed a lot of leeway and makes it quite hard for us, as historians, to compare assault cases. When we add to this the fact that most – almost all in reality – were prosecuted before the magistracy (where records are scant at best) we are at a severe disadvantage in understanding the contexts and causes of non-fatal violence in history. It makes it equally difficult to understand why some cases resulted in fines and others led to long prison sentences. It isn’t always as simple as looking at the level of violence used, as this pair of cases from 1843 illustrate.

Violence was often associated with drunkenness, and this took many forms. Mary Denyer was strolling along the Mile End Road, minding her own business one afternoon, when two young men approached her.

Thomas Webb and George Todd had been drinking, enjoying a holiday from work. They grabbed hold of Mary and ‘twirled her abou, but rather too vigourously. Perhaps this was ‘high jinks’, or two boorish young men behaving badly towards a vulnerable female that happened to cross their path.

Regardless of their motives – sinister, or simply crass and stupid – the young tailoress was pregnant and the shock and rough handling she received by being ‘twirled about’ caused her to faint to the pavement.

The men quickly ran off instead of helping her, not the best idea under the circumstances because they’d been seen by a policeman. The officer, having left Mary in the care of a passerby, set off in pursuit. The pals were quickly captured and when brought before the Thames magistrate, were very apologetic, but said they were  only having ‘a lark’. They were drunk, they’d seen a pretty girl and they’d had a dance with her. They didn’t intend to hurt her, and they had no idea she was with child.

None of this cut much ice with the magistrate, Mr Broderip. He condemned their behaviour and said they had committed a ‘gross outrage’ on the poor girl. As a result he fined them £5 each, money he almost certainly knew they didn’t have. That condemned them to spend the next two months in prison. 

I’ve no defence for Todd and Webb, they acted very badly and deserved punishment. But I am interested in justice Broderip’s seemingly inconsistent treatment of assault in his courtroom.

Broderip’s fury at the action of two ‘ruffians’ towards a pregnant women was not matched by his reaction to an assault on a sailor who complained at his court the following day.

Joseph Beale has signed up as an ordinary seaman on the Ludlow a merchant vessel sailing from Demerara (modern day Guyana) to London. On more than one occasion the captain, William Johnson, had abused Beale and accused him of failing to do his job properly.

There were two key incidents that Beale accused his master of:

beating him with a stick and punching him and smashing him in the face with a ‘spitting-box’ (a spittoon).

The violence he’d suffered was, by his own account, severe and certainly aggravated. It was also deliberate, related and sustained. Beale told Mr Broderip he had been struck more than a dozen times with a stick. Had he counted the blows he’d received the magistrate asked him Yes, the sailor replied, he had, or at least until he reached 12 when he stopped counting.

The captain was defended in court by Mr Price, a barrister who cross examined Beale and  discovered that the captain had also lowered his wages, on the grounds that he was only a ‘ordinary’ season not an ‘able’ one (as Beale had apparently claimed).

Beale said he’d never claimed any such thing but perhaps the damage was done and it certainly convinced the magistrate that the man was full of resentment towards his superior.

Broderip accepted that an assault had occurred but decided (with no corroborating evidence at all – indeed at least one crew mate corroborated Beale’s account) that Beale was exaggerating it. As a result the magistrate imposed a small fine and advised Captain Jonson to not ‘strike a man in the heat of passion’ in future or get involved in arguments with his crew on deck.

Compare this fine (10s) for actual and severe violence from a person in authority with the (relatively) minor assault that landed two working class men in gaol the day before.

There was another factor here though, Demerera had been a slave colony. In 1823 a rebellion of 10,000 slaves was crushed by the authorities and many of those accused of involvement were hanged. The revolt probably helped finally undermine slavery and the callous treatment of those involved and the horrors it exposed it undoubtedly ruled the abolition movement. In 1834 slavey was officially abolished in Demerera (under the terms of the 1834 abolition act), so just 9 years before this incident reached Broderip’s court.

We might note that while slavery was an abomination in many people’s eyes parliament still saw fit to compensate the plantain owners for the loss of their ‘property’. In Demerara this amounted to £4,297,117 10s. 6½d (or close to £300m in today’s money).

Joseph Beale was ‘a man of colour’, and so maybe one of those freed in 1843, or the son of freed slaves at least. So just perhaps, in the eyes of Mr Broderip, he was not worthy of more ‘justice’ in his courtroom, especially not when the subject of his complaint was a white man in a position of authority.

[From Morning Post, Wednesday 11 January 1843; The Standard, Thursday 12 January 1843]

  1. Sir Howard Vincent’s Police Code 1889 edited by Neil R A Bell and Adam Wood, (Mango Books, 2015), p. 25

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Tragedy in the Temple and a stabbing by a Dorset Street resident; all part of daily life in 1880s London

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Lloyd’s Weekly newspaper offered its readers (as the title suggests) a way to catch up with all the news, scandal, gossip, and ‘police intelligence’ that had been carried by the dailies in the preceding week. This Sunday paper had a little more time to frame stories or to carry features than the time limited Daily News or Morning Post did.

It was a very popular newspaper, selling over 1m copies on one day in February 1896, more than its closest rivals the News of the World and Reynold’s Newspaper. It lasted until the 1920s but didn’t survive the financial crisis at the end of that decade.

At the end of June 1889 Lloyds carried a full page of reports from the Metropolitan Police courts, ranging from a case of tea merchant obtaining credit by false pretenses to a valet that stole two gold sovereign coins. By the late 1880s the method of court reporting was well established and the typology of crime and social issues (such as poverty, unemployment, suicide) were very familiar to readers. Individual cases were routinely given a headline (such as ‘Strange Case’ or ‘An Unfortunate Visit to London’), which was not always the case earlier in the century.

Two in particular caught my eye this morning, an attempted suicide in the City and the stabbing of a woman in Deptford. The Deptford case involved was heard at Greenwich Police court but the accused – James Collins – was a resident of Whitechapel. Collins, a 68 year-old wood carver had previously cohabited with Emma Edwards in rooms at 17 Dorset Street, Spitalfields.

Dorset Street was an address that was all too familiar to readers who had been following the news story of 1888. The desperate poverty of Dorset (or ‘dosset’) Street had been highlighted after the brutally mutilated body of Mary Kelly was discovered in a room there in November 1888. Many researchers believe that Kelly was the final victim of the killer known only as ‘Jack the Ripper’, but other (myself included) beg to differ.

Emma Edwards told the magistrate at Greenwich (a Mr Kennedy) that she was walking along Griffin Street in Deptford when she saw her former lover in the street. She noticed ‘the gleam of a knife’ in his hand and suddenly she ‘felt herself stabbed’. She survived and Collins was arrested. In his defense he said it was an accident; he carried knives for his work and she must had fallen against one in his pocket.

The police were able to provide testimony that Collins had threatened Emma on more than one occasion, promising to ‘settle’ her ‘at the first opportunity’. Mr Kennedy sent him to prison for six months for aggravated assault.

The newspaper reports are full of accounts of casual male violence towards women and we should remember this in the context of the ‘Ripper’ murders. However you wish to depict the Whitechapel killings the perpetrator was a misogynistic serial murderer who operated in a society where working class women were placed firmly at the bottom of the social ladder; a reality that enabled him to kill almost without impunity. He was no caped crusader or criminal mastermind, as some versions of the mystery continue to suggest.

At the Mansion House along with the fraudulent tea merchant Sir Andrew Lusk was sitting in for the Lord Mayor. Lusk (no relation I think to the famous ‘Mishter Lusk’ who was sent a piece of human kidney during the Whitechapel murders) served as an MP until 1885 and was Lord Mayor in 1874/5. He was quite old in 1889, being in his late 70s.

By contrast Florence Ross was a young woman with her life ahead of her. An actress or dancer in the music hall, Ross was living with her sister in 1889 while she went through a period of ‘rest’. Whether that ‘rest’ implied she was ill, had fallen pregnant, or was simply unemployed, is not made clear from the report but I think we might speculate.

Florence Ross was rescued from a fountain in Middle Temple gardens where she had tried to drown herself. A policeman saw her rush to the water and jump in and so acted quickly to pull her out. The gardens are close by the Embankment and what is now Temple underground station.

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Whatever the reality she was lucky and survived but attempted suicide was an offence and so she was placed in the dock at Mansion House to answer for it. She said little or nothing by way of explanation but the magistrate decided to see what ways the court could find to help her. He remanded her for a week while enquiries were made. The Illustrated Police News later included its artist’s impression of her attempt in its 6 July edition. Sadly no paper seems to have recorded the outcome of those enquiries. Florence’s was one story amongst many, one human tragedy in a city which was witnesses to countless acts of violence, desperation, and cruelty each and every day, only a handful of which made the pages of the metropolitan press.

[from Lloyd’s Weekly Newspaper, Sunday, June 30, 1889; The Illustrated Police News, Saturday, July 6, 1889]

 

 

 

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‘I didn’t stab her, I only kicked her’: A nasty piece of work at Westminster

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Domestic violence was rife in late Victorian London but even given that this case is horrific. William Meades was young, ‘able-bodied’ and unemployed. I rather suspect that he was unemployed by design not by accident and existed by exploiting others, most obviously his partner, Louisa Stammers.

The couple had lived together for nearly a year in Laundry Yard, (off Marsham Street) Westminster. Meades pimped Louisa, forcing her to go out on the streets as a prostitute to keep him in drink, food and shelter. By early 1899 Louisa had fallen pregnant by William but that didn’t stop him sending her out to earn money for him.

On 1 February things came to a head: Louisa hadn’t managed to get any ‘business’ and came home empty handed. A row ensued and Meades beat her up, kicking her in the stomach and face with his boots, and stabling her with a shoemaker’s knife in the forehead.

Louisa was hospitalized and treated by Dr F. F Bond at Westminster. She recovered and on the 7th she appeared at Westminster Police court to press charges against her lover. Dr Bond gave evidence that the cuts were consistent with the knife that was produced; Louisa said she was scared that the injuries she’d sustained would cause the premature death of her unborn child. In his defence all William said was that he hadn’t stabbed her, he’d just kicked with his steel toe-capped boots.

Mr Masham, the sitting justice, saw Meades for what he was – a misogynistic thug – and handed him a six month prison sentence with hard labour for the aggravated assault on Louisa. He added a further three months for living on immoral earnings. Whether that nine months away was enough to mend his ways is unlikely but at least it gave Louisa a chance to escape him, and maybe find a safe place to raise her child and stay off the streets.

[from The Standard, Wednesday, February 8, 1899]