What does ‘drunk and incapable’ actually mean?

For the next few days I am taking a short holiday from writing this blog so I thought that I might revisit some of the ‘highlights’ of the past few years, especially as more recent readers might not have seen them. So for today, Friday, Saturday and Sunday, there will be a series of ‘repeats’ : the most viewed posts from 2016-18.

article-2604979-1d1fc6b700000578-438_964x627

[NB this is not Sarah but a 16 year-old girl from a 1893 book of police mugshots depicting Dundee citizens banned from drinking houses]

In mid June 1877 PC Savage was called to the Two Brewers pub in Clapham, south London, to deal with a drunken woman. Sarah Weller was very drunk and the landlord had described as being ‘riotous’ and had refused to serve her any more alcohol.

Savage helped Sarah from the pub but she soon fell over and so he arrested her and took her back to the police station. When she came up at Wandsworth Police Court she was charged with being ‘drunk and incapable’. This puzzled the magistrate, Mr Briggs; ‘he did not know why the word “incapable” was put in, as it was not an offence’.

The constable’s inspector now appeared and stated that it was the old form of charge and they still used it. Mr Bridge restated his view that it was no crime to be incapable and Sarah’s defence lawyer insisted her behaviour was due to an illness. The justice agreed, suggesting that perhaps Savage had mistaken hysteria for drunkenness and so Sarah should be discharged.

Under the terms of the Intoxication Act it was reasonable to take individuals into custody for their own safety and then let them go once they had sobered up.In some cases a summons might be appropriate but not all. Mr Briggs therefore released Sarah but accepted that the police were not to blame for interpreting the law as they had.

I can’t find the specific act that Briggs was referring to but it is interesting that law, in essence, doesn’t seem to have changed much. It’s not a crime to be drunk; it is what you do that matters. So disorderly or riotous behaviour can be penalised. Today police are obliged to arrest drunk and incapable persons for their own safety and safety seems to be paramount. These people will be released when sober unless they have previously been arrested for the same offence or they are acting in a  disorderly manner, then they might well face a charge and a magistrate’s court appearance, like Sarah.

[from Daily News, Monday, July 9, 1877]

Winter is coming

Image 01-11-2019 at 10.34

Winter is coming.

Hallowe’en has come and gone and Bonfire Night is looming. The clocks have gone back and the air has turned distinctly chilly. Yesterday in town I noticed more rough sleepers than usual around King’s Cross and St Pancras and reflected once again that our modern society still hasn’t solved the problem of poverty. And now an election is looming and we might ask ourselves which party is most determined to address the problem of poverty and inequality in the UK?

The reports from the Victorian Police Courts provide ample evidence that desperation and poverty were endemic in the 1800s. This was a society without a welfare state, with no old age pension scheme, or National Health Service, or social services. Where we have a benefits system (however flawed) they had the workhouse or charity and recourse to either meant shame and failure.

In our ‘modern’ world we have people whose lives have been destroyed by drink or drugs and both provide the really desperate with the anaesthetic they need to simply survive on day-to-day basis. I saw a notice yesterday that said, ‘would you smash up a phone box to get 24 hours in a dry cell with food?’

This is a reality for some people in ‘modern’ Britain.

In October 1865 Mary M’Grath was charged at Thames Police Court with being drunk and disorderly and punching a policeman. Mary was about 30 years old and had a baby with her in court. PC John Mansfield (393K) testified that on the previous afternoon he had seen Mary rolling about, quite drunk, on the East India Dock Road.

She was carrying her infant and staggering about so badly that she kept banging into the nearby ‘walls and houses’. The child was ‘injured and screamed fearfully’, he added. Mary kept up a stream of the most unpleasant language, so disgusting that several onlookers complained to him about it.

Eventually  she fell heavily and a man rushed up to save the child and a police sergeant arrived to help  PC Mansfield take her to the police station. Once there she rewarded him with more abuse and landed a blow on his face, blackening his eye and impairing his sight.

The next day they appeared in court before Mr Paget, the magistrate, who asked the constable what had become of the child.

‘It was taken to the workhouse’, the policeman replied.

‘How old is it?’ the magistrate asked him.

‘Four months old’.

‘It is eight months old’, piped up Mary from the dock.

Mr Paget declared that nothing was more disgraceful than seeing a mother so drunk in public. Didn’t she have a husband at home he enquired.

‘No sir, my husband died seven years ago’, came the reply. So her baby was illegitimate and presumably the product of new relationship or a casual encounter, and no father was present in court. Drunk, riotous and promiscuous the magistrate was probably thinking, a suitable object not for pity but for condemnation.

In reality of course Mary’s life became that much more difficult when her husband had passed away. She would have lost the main bread winner and her partner. It is likely she already had children so they would have added to her problems. Perhaps this explains her descent into alcoholism.

She told him that she couldn’t remember what had happened the previous day, so drunk had she been. She had been inside the workhouse, and therefore destitute as no one went inside iff they could possibly help it.

‘I was there long enough’ she explained, and ‘I was half starved’ and ‘discharged myself. I took a drop [of alcohol] and lost myself’.

So in her version of events  she had been so malnourished in the ‘house’ that a small amount of drink (probably gin) had affected her much more than it would normally. It was probably an exaggeration of the truth but it did her no good. Instead of opting to find her some help in the form of money, food and shelter Mr Paget sent her to prison for a month at hard labour.

She had merely swapped one uncaring institution for another. As for the child, well as a ‘suckling’ Mr Paget decided it needed to stay with its mother, so off to gaol it went as well.

This was an oft repeated story in Victorian London. Children were growing up affected by alcoholism, grinding poverty, homelessness, and sometimes, prison. No wonder reformers demanded change and some turned to ‘extreme’ politics (like socialism or anarchism). Men like Paget had comfortable lives and sat in judgement for the most part on those that scraped by.

Can we, hand on heart, say that 150 years later everything is so much better? Yes, of course to an extent we have provided a much better safety net for Mary M’Grath and her baby. But have we really tackled the root causes of her poverty? No, I don’t think we have  and while we pursue a form of economics and politics that allows some people to live in epic luxury while others sleep rough on the streets I don’t think we can sit in judgement of our ancestors either.

Winter is coming. Use your vote wisely.

[from The Morning Post, Wednesday, November 01, 1865]

“Good-bye, Tom, I have done for my missis, and I am going to do for myself”; murder in the East End in 1888

06f3f08be83e502e68462758f575d78c

The Isle of Dogs, 1899 (Manchester Road runs south-east parallel to Blackwall Reach)

In early October 1888 London was gripped by the ‘Ripper’ murders. As far as the press and public were concerned an unknown assassin had brutally murdered six women in a small area of East London and the police had no clue as to his identity. Police patrols had been stepped up and the newspapers were becoming inundated with fake letters from people purporting to be the murderer, and correspondence offering advice on how to catch him. Between the end of September (when both Elizabeth Stride and Katherine Eddowes were murdered on one night) and the 9th November (when Mary Kelly’s body was found in Miller’s Court) the killer seems to have lain low, avoiding the redoubled attentions of the police.

Meanwhile over at the Thames Police Court Mr Lushington was hearing the case of a man accused of murdering his wife. Levi Bartlett was a 57 year-old general dealer who lived and worked in Poplar. He and his wife, Elizabeth, ran a small shop on Manchester Road on the Isle of Dogs, selling mostly milk. He had been held on remand since the incident had happened back in August, because after killing his wife he had attempted to cut his own throat with a razor.

Even by October he was a weak man and was allowed to sit in court rather than stand through the evidence. Elizabeth’s sister, Emma Mears, testified that Levi and her sister had live together for many years before they married, and had now been married for about five years. During all of that time, she said, the dealer was ‘nearly always drunk’.

By all accounts when he was sober, Levi was a good man but that was rare. When in his cups he was abusive and violent and dipped into the shop’s till to feed his drinking habit.  Not surprisingly then quarrels between him and Elizabeth were frequent and loud.

On the 18th August 1888 Emma visited Elizabeth and found her sitting crying. When she asked what the matter was her long suffering sibling said:

‘Can’t you see the old villain is drunk again, and hasn’t been to bed since two this morning’. This was punctuated by the dealer’s loud denials, ‘don’t you believe her’ he shouted. He then asked for 2d for gin.

‘No, you villain, you have had enough now’ was his wife’s response. This provoked Bartlett to threaten her:

‘I will mark you for this tonight’, he declared.

More abuse was exchanged and before she left Emma told her her sister to fetch a policeman if her husband hit her again. Perhaps because Levi was frequently drunk and abusive no one really expected what was to happen next, although the signs were there. At some point on Sunday morning (19 August) the former stevedore attacked his wife with a hammer, fatally wounding her,  before admitting his crime to George Jones who he had employed as a milk delivery man.

Jones later related the dramatic scene to the Old Bailey court as he was woken up by his master:

‘between 4 and 5 in the morning I was awoke by the prisoner coming into my room—he asked French if he had got any drink—French said no, he had forgot to bring any; the prisoner shook hands with French and said “Good-bye, you won’t see me no more alive”—he then went back to his own room, he seemed sober then—in about twenty minutes he came into our room again, and again bid French good-bye; he then came to me and said “Good-bye, Tom, I have done for my missis, and I am going to do for myself”—he shook hands with me and went out of the room’.

Bartlett then visited his old friend Benjamin French who had lodged with the Bartlett’s for 14 years. He also bids him ‘goodbye’ which left the dock labourer perplexed and not a little concerned. It was French that finally fetched a policeman, police sergeant Doe (30KR), who found Bartlett sitting on his bed ‘in his shirt, bleeding from the throat; the front of his shirt was covered with blood—he had a razor in his right hand’. Having taken the razor from him he summoned a doctor and then took him to hospital.

Bartlett, who had earned the nickname ‘Mad Dick the jockey’ (his middle name was Richard) was fully committed for trial at the Old Bailey. There, on the 22nd October 1888 he was convicted of murdering Elizabeth. Elizabeth’s sister testified to the years of abuse that she had suffered at Levi’s hands while the former dock worker’s best friend Benjamin said he had never heard a cross word between them. Drink was Bartlett’s downfall and it seems he simply could not function with it or without it. Ultimately this cost both him and his wife their lives; having recovered from his own suicide attempt Levi Richard Bartlett was hanged at Newgate Gaol on 13 November 1888.

Such a tragic event may well have created many more ‘headlines’ than it did in 1888 had there not been a supposedly crazed serial killer on the loose. This was, of course, a much more typical homicide for nineteenth century London than the series that has occupied the attention of researchers for over 120 years. Most murderers are men, and most of their victims (many of whom are women) are close to them – as wives, partners, lovers and acquaintances. The ‘Ripper’ killed strangers, and that made him all the more difficult (indeed almost impossible) to catch.

[from The Standard, Saturday, October 06, 1888]

Drew’s new book (co-authored by Andy Wise) is published by Amberley Books. It is a new study of the Whitechapel murders of 1888 which offers up a new suspect, links the ‘Jack the Ripper’ killings to the unsolved ‘Thames Torso’ crimes, and provides the reader with important contextual history of Victorian London. The book is available on Amazon

Gin Lane revisited in 1888

vhe1h5cnkuentbtxajgm.jpg

One the most powerful images of the negative effects of alcohol is William Hogarth’s ‘Gin Lane’. The engraving is Hogarth’s attack on the evils of imported ‘foreign’ liquor – ‘jenever’ or Dutch gin. He produced this to contrast with ‘Beer Street’ drawing a clear comparison between ‘honest’ English beer and the stronger more dangerous spirit that gripped so many Londoners in the 1700s. London suffered a  ‘gin craze’ at mid century that forced government to act against it, passing the last of several gin acts in 1751 aimed at reducing consumption by raising prices through taxation. Actually it was rising prices for grain that weaned Londoners off gin by the 1760s, coupled with higher food costs people simply couldn’t afford it.

Hogarth’s Gin Lane (above) has a woman holding (or rather dropping) a baby at its centre. It is this image that sums up the affect of alcoholism on the addict; a total abdication of responsibility in pursuit of the next ‘fix’ of gin. Anyone familiar with modern drug addiction will recognize this as having very similar consequences.

Gin did not go away in the 1760s and remained a popular and cheap way to get drunk in the 1800s. By then campaigners against alcohol had developed more sophisticated ways to encourage abstinence – as the Temperance movement and the Salvation Army attest. Sadly, they don’t seem to have been able to do much for Mary Sullivan.

In September 1888 Sullivan, a 44 year old mother, was found dead drunk in Woolwich High Street by PC Williams (127R). The policeman had been alerted to Sullivan by the large crowd that was quickly gathering around her. She was drunk and had a baby in her arms, which she was flailing about. The child was crying and Mary was angry with it.

As he approached her he saw her dash the baby’s head against a nearby wall. He rushed over, secured her and the child and asked her where she lived. Mary had no home; homeless, impoverished and probably abandoned by the child’s father, she was at her wits end. It was not uncommon in the poorer districts of London in 1888.

A woman standing nearby offered to pay for a night’s lodging for Mary but she refused the charity. The baby seemed ok so PC Williams warned her and carried on his beat. Some time later he found her again, sitting on a  doorstep holding the child in front of her. The child was naked and another crowd were berating her, some threatening to lynch her for her cruelty.

For her own safety, and that of her baby, PC Williams now arrested her (as he probably should have done earlier). At the station the child was examined by the police surgeon and was taken away from Mary and sent to the workhouse infirmary to be cared for. At Woolwich Police court Mary Sullivan was sent to prison for 14 days hard labour. At least there she might have a chance to sober up.

[fromLloyd’s Weekly Newspaper, Sunday, September 9, 1888]

A sorry tale of an old abuser who finally went too far

s-l300

Isaac Jones was a violent man when he was in his cups. He had that in common with very many in nineteenth-century London and his poor wife and family suffered for it.

On the 21 July 1860 he’d come home late, drunk as he often was, and belligerent with it. His wife and he had the usual exchange of words and a fight broke out. The exact details are not clear but at some point Isaac lunged for his wife Jane who, fearing for her life, grabbed the nearest weapon she could and defended herself.

She selected a poker but she might have easily picked up an iron, a saucepan or a rolling pin; when women fought with their menfolk it was often one of these they used (or had used against them). The poker connected with Isaac’s leg and he slipped and fell, unable to maintain his balance as he was so drunk after the evening’s excesses.

He cried out and his groans brought a policeman to the door of the house. PC 256M came into the room and found Isaac on his side his leg bent horribly under him and ‘the bone of the fractured limb protruding through the skin’. A cab was called and the injured man was ferried to Guy’s Hospital where his leg was amputated. Since it seemed evident that Jane was to blame she was arrested and taken into custody.

Events unfolded with some inevitability given the state both of Isaac’s general health (he was an elderly man with a drink problem) and Victorian medicine. The local magistracy were informed that the old man was dying so went to see him in hospital to ascertain who was responsible for his condition. Jane went along as well and he kissed her warmly saying ‘that it was the last time’.

Isaac was too ill to say anything else, and did not condemn his wife in the presence of the justices. He died a day later and so Jane was taken before Mr Maude at Southwark Police court accused of causing his death by striking him with the poker.

An inquest had concluded that he had died from the injury but ‘there was nothing to show how it was done’. Isaac’s daughter (also named Jane) gave evidence of the row and the fight but said she’d not seen her mother hit her father with the poker, adding that she’d told her she had not. She elaborated on the fight saying that Isaac had a knife and was threatening her mother with it.

Mr Maude heard a report form the surgeon at Guy’s which was pretty clear that the leg was broken by an impact injury not a fall but he was trying to find a way to clear Mrs Jones if at all possible. Isaac Jones had been a wife beater, she was a domestic abuse survivor and, on this occasion, the tables had turned on the old man. There was clear evidence that Jane had been defending herself and that the attack – if attack there was – had been spontaneous not premeditated.

There was also sufficient doubt over the exact cause of death to give Jane the benefit of the doubt. It is unlikely that a jury would have convicted her anyway and she was evidently remorseful at the death of her husband, however bad a man he was. It would do no one any good to see her go to trial much less go to prison so Mr Maude commented that it was ‘a very painful case’ but he would detain her on longer; she was free to go.

Mrs Jones, who had ben allowed to sit the clerk’s table instead of occupying the dock wept throughout the examination but was helped to her feet and led out of court on her daughter’s arm.

[from The Morning Chronicle, Tuesday, August 28, 1860]

It is a year before the first ‘Ripper’ murder but the portents are visible in East End life

th48awehfe

In August 1887 London had little inkling of the terror that was to haunt the East End in just a year’s time. There was violence and crime aplenty of course, but no more or less than usual, and nothing to suggest that Whitechapel and the East End was soon to be the focus of world attention as a serial killer struck again and again with impunity.

Despite the ‘Jack the Ripper’ murders being extraordinary by any standards I wonder if the foundations for the unknown killer’s actions were already well established in the community he later terrorised. Domestic violence was endemic; linked to alcoholism and poverty, and patriarchal attitudes towards women. With the campaign against contagious diseases and the well-publicized attack on vice and immorality prostitution was also in the spotlight with sex workers demonized as the carriers of diseases which had decimated the army in the Crimea.

But it was the causal, commonplace brutality eked out daily by working-class men towards their wives and common-law partners that really empowered the actions of the ‘Ripper’.

Men frequently beat and abused their womenfolk in the East End and while murders might have been relatively unusual, manslaughter and grievous bodily harm was not. Unless the police actually saw it happen they weren’t able to interfere and even then many if not most were reluctant to get involved in a ‘a domestic’.  The survivors were also reluctant to press charges against their abusers; in fear of retaliation or the loss of the main breadwinner. Magistrates were frustrated but there was little they could do save deal with offenders when they did come before them.

Frederick Smith was a 35 year-old milkman living in Britannia Street, off the City Road. In late August 1887, a year before the Ripper murdered Polly Nicholls in Bucks Row, Smith was brought before Mr Bushby at Worship Street Police court. The milkman was accused of violently assaulting his wife.

PC 63G testified that he had been called to an incident at the defendant’s home and found Mrs Smith ‘lying insensible and bleeding on the pavement’. A few people had gathered and they told him that she fallen out of a window above. He got her into a cab and took her to the London Hospital to be treated. She regained consciousness on the journey and told him that he husband had attacked her and thrown her out of the window to the street below.

When he’d deposited her at the hospital he went back and arrested Fred who, he now realized, had been part of the crowd gathered around Mrs Smith’s body in the street. When he’d seen the policeman the milkman had quickly made himself scarce. Since Mrs Smith was still in hospital and unable to give evidence Mr. Bushby remanded the prisoner for a week and the gaoler locked him up.

We don’t know if Mrs Smith made a full recovery or, if she did, whether she pressed charges against her husband. There’s no record of a Frederick Smith being prosecuted at the Old Bailey for murder or manslaughter, which makes me hopeful that his wife survived.  Fred Smith is hardly an unusual name however, so newspaper searches are problematic.

I think it does indicate the casual nature of violence meted out to working-class women in the 1800s; when ‘ordinary’ me could do this and (mostly) get away with it then surely its not too far of a leap to understand why a disturbed individual could feel emboldened to take that violence much further.

[from The Illustrated Police News, Saturday, August 27, 1887]

Drew’s new book (co-authored by Andy Wise) is published by Amberley Books. It is a new study of the Whitechapel murders of 1888 which offers up a new suspect, links the ‘Jack the Ripper’ killings to the unsolved ‘Thames Torso’ crimes, and provides the reader with important contextual history of Victorian London. The book is available on Amazon

A life destroyed by the ‘demon drink’

temperance-main

Alcoholism is a debilitating addiction than ruins not only the life of the person affected but that of those around them. Since the Second World War most of the attention of the police, courts, and prison service has been on  drugs such as cannabis, heroin, cocaine, and MDMA (with all the various derivatives and combinations) and with good reason. All these drugs have the capacity to destroy lives as well. But while all of the above are proscribed and subject to sanctions under the criminal law, alcohol remains legal and freely available. Like tobacco, alcohol is recognized as being harmful but is simply taxed, not banned.

In the 1800s the negative effects of drink were well understood; drink was blamed for all manner of society’s problems form unemployment to fecklessness, poverty to mental illness, domestic violence to mental illness and suicide. All of these social issues were linked to the excessive consumption of the ‘demon drink’. In the early years of Victoria’s reign the Temperance movement established itself; from small beginnings in the late 1820s it had grown into a significant lobbying group by the 1850s. It attempted, unsuccessfully, to  get parliament to pass a prohibition bill in 1859 but it continued to promote abstinence by urging working men and women to sign the pledge.

It was recognized from the middle of the century that alcoholism was a disease and not simply a vice. Since it was not merely a weakness of character it was possible to treat it, and cure it and this was the beginning of modern efforts to deal with addiction to all sorts of substances.

Margaret Malcolm was a good (or perhaps ‘bad’) example of the evils of drink. She was brought before the sitting magistrate at Westminster Police court in August 1878 for being found drunk and disorderly in the Vauxhall Bridge Road. She’d been carried to the local police station on one of the new Bischoffsheim hand drawn ambulances, being incapable of walking.

That was Friday 16 August and the magistrate fined her 8which her husband  paid to keep her out of gaol. On Monday (the 19th) she was back in court and this time Mr Woolrych fined her 21sand told her she was an ‘incorrigible drunkard’. Margaret pulled out a card to show that she had ‘joined the teetotalers’ and promised that she ‘would never drink again’.

Her pledge didn’t last the day: at around five in the afternoon PC Charles Everett (185B) found her drunk, ‘stopping the vehicles in the street, [and] making a great noise’. When he went to arrest her she threw herself to the ground and refused to budge. It took some time to get her up and into custody and in the meantime a large crowd had gathered to see what all the fuss was about.

Back in court before Mr Woolrych she had nothing to say for herself. The magistrate was told that Margaret had been in court on at least fifty occasions previously. Her long-suffering husband had paid nearly £200 in fines in just a few years. To put that in context £200 in 1878 is about £13,000 today. It would have represented almost two years wages for a skilled tradesman, or you could have bought 7 horses with it. Margaret must have had a loving husband (more than many working-class women had in the 1870s) and one who was, whenever possible, determined to keep her out of prison.

He hadn’t always succeeded; she’d been to prison several times when magistrates like Mr D’Eyncourt had refused the option of a fine in the forlorn hope that it would curb her drinking. On this occasion the law continued to be a blunt instrument: with no option available to him to send Margaret for treatment (as a court might today) she was fined 25(£80) or three weeks’ hard labour. The court report doesn’t tell us whether Mr Malcolm dipped into his pocket this time.

[from Reynolds’s Newspaper, Sunday, August 25, 1878]