A paedophile walks free, despite the evidence against him

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On 27 October 1863 a ‘well-dressed’ man, who gave his name as Thomas Martin, appeared in the dock at Southwark Police court accused of molesting a child. Well that is how I think we would see the case today but in 1863 the law was a little different.

For a start the age of consent was 13. It was not raised to 16 until 1885 following a long campaign and a sensational intervention by the editor of the Pall Mall Gazette, William Stead. Stead had run a weeklong exposé of the trafficking of underage girls for prostitution under the headline ‘The Maiden Tribute of Modern Babylon’. While Stead ended up going to prison for his part in the ‘kidnapping’ of Eliza Armstrong the scandal of the case helped force Parliament to pass legislation which has existed to this day.

The complaint against Thomas Martin was brought by a spirited young girl called Martha Wells. Martha was aged between 12 and 13 and described by the newspaper writer as ‘rather precocious looking’. This was probably an attempt to undermine her testimony; the hack was perhaps suggesting that she was bringing a spurious complaint against a social superior. The girl could certainly expect to be closely examined by the magistrate, Mr Combe, no concessions being made to her age or her gender.

Martha said that she had left her father’s house in Southwark to visit her uncle in Greenwich. A man had ‘annoyed’ her on the train to Greenwich but she did her best to ignore him. In court she wasn’t sure that it was Martin but he looked familiar.

After she arrived at her uncle’s shop (he was a fruiterer) she noticed a man outside peering in through the window. He was looking directly at her and indicted she should come out to talk to him. That man was Martin and she ignored his request.

At eight in the evening she left her uncle’s and made her way back to the station for the train home. As she walked Martin accosted her. She told him to go away but he followed her. She boarded the train and he entered the same carriage and sat next to her. Martha again tried ignoring him and steadfastly looked out of the window as the train made its way to London.

Now Martin had her close to him he made his assault. He put his hand on her leg and then slipped it up her skirts. The magistrate wanted to know if anyone else was in the carriage who might be able to confirm this.

‘Yes, sir’, Martha told him. ‘I think a lady and a gentleman. I was, however, ashamed to speak to them’.

She had at least one ally in court who was able to testify to Martin’s behavior. PC Alfred White (427P) was on duty on Southwark High Street that evening. When Martha left the train Martin again pursued her and the policeman saw him tap the girl on the back and then lift her skirts.

That was enough evidence for Mr Combe. He committed Martin for trial but agreed to bail, taking two sureties of £100 and one from Martin (for £200). The battle would now be to actually bring the man before a jury when the girl’s father might have preferred to take a cash settlement and avoid his daughter’s reputation being dragged through the courts.

Martin was brought to the Surrey sessions of the peace in mid November, surrendering to his bail. The case against him was outlined and his brief did his best to undermine Martha and the policeman’s evidence. The jury was told that Martin could not have been the man that hassled and insulted Martha on the train to Greenwich or outside her uncle’s shop as he was at work in the City until 5 o’clock. Moreover if he had assaulted her on the rain as she’d suggested why hadn’t she alerted the other passengers or the guard?

PC White reiterated the evidence he’d given at the Police Court hearing adding that when he had arrested Martin the man had attempted to bribe him. ‘For God’s sake let us compromise this affair’, he said; ‘if £50 will do it?’. The officer had been in plain clothes having been on duty at the Crystal palace during the day. Whether this hurt his credibility or not is unclear but the jury close not to believe him.

In the end the jurors acquitted Thomas Martin of the charge of indecent assault and he walked free from court with the applause of his friends being hurriedly suppressed by the court’s officers. It was a victory for middle-class respectability over a ‘precocious’ working-class girl who travelled third class on the railway. The jurors saw themselves in Martin’s situation rather than seeing their daughter in Martha’s.

[from The Morning Post, Wednesday, October 28, 1863; The Standard, Tuesday, November 17, 1863]

One man stands up for London’s poorest and lands himself in court

police in TS

On Sunday my copy of Haille Rubenhold’s book on the victims of ‘Jack the Ripper’ arrived in the post. By the end of yesterday I’d consumed just under half of it, fitting it in around marking and my other work duties. I will write a full review of it at the end of this week but so far it is a captivating piece of popular social history.

She starts by contrasting the celebration of Queen Victoria’s golden jubilee in 1887 with the encampment of hundreds of homeless people in Trafalgar Square and ‘Bloody Sunday’ when dozens were injured (and one or two or more killed) when the policing of demonstrations against unemployment ended in violence. The underlying theme of her book (or the theme I most identify with) is the problem of homerless and poverty in the capital of the world’s greatest empire.

The word ‘unemployment’ entered the dictionary in 1888 and that reflected the reality that Britain, and Europe, was suffering from one of those periodic slumps (or ‘depressions’) that have always affected the lives of the poorest disproportionally to their richer neighbours. In the 1880s this resulted in demonstrations, in rough sleeping (in the Square and the capital’s parks, and anywhere suitable), and in political rhetoric.

John Benham Parker was a journalist, or at least some of the time he was. He described himself as an auctioneer and surveyor so perhaps his journalism, like his political activism, was a new or a part-time thing in his life. In March 1889 he was in Trafalgar Square to listen to the speeches made as thousands gathered to protest about the lack of work. As he left he drew a crowd of around 150 men and boys away with him.

Parker stopped outside St Martin’s-in-the-Fields and raised his arms, beckoning his followers to gather round him. He told that he would ‘represent them’, be their voice, tell their stories to those that needed to listen. As he warmed to his theme he was cut short by the approach of Inspector Burke of the Metropolitan Police. Burke and his men had been trying to clear the square of demonstrators (albeit in a more gentle way than they had in November 1887).

EPSON scanner imageIn 1887 the new head of the Met, Sir Charles Warren (pictured left with Mr Punch) , had attempted to ban meetings in Trafalgar Square and it was his heavy-handed approach to protest that had led to the violence there. By March 1889 Warren was a footnote in police history, having resigned in November 1888 soon after (but not apparently connected to) the killing of Mary Kelly by the Whitechapel murderer.

Inspector Burke requested, politely, that Parker move along as he was ‘causing great disorder and obstruction’. The auctioneer turned activist refused, and when the policeman insisted shouted: ‘I will not go; I shall do as I like’. He continued to address the crowd, telling them they had every right to be there, every right to protest. The inspector ordered his men to arrest him and he was led away to be processed before a magistrate in the morning.

At Marlborough Street Poice court Parker explained that he had no desire to break the law and had no knowledge that the police had been trying to clear protestors from Trafalgar Square (which seems somewhat unlikely). He just wanted to draw the attention of the government to the problem of unemployment which ‘seemed to be puzzling all nations at present’.

Mr Hannay had some sympathy with him and was prepared to accept he had acted in good faith. The question of the right to protest in Trafalgar Square was still under discussion, he said,  but regardless of the outcome of that debate there was certainly no right to assemble in the streets adjoining the square. That had been established by a recent test case (Rack v. Holmes) sent from the Worship Street Police court. Parker had broken the law by obstructing the highway but since it was his first offence and because he didn’t expect him to repeat it, Mr Hannay ordered him to pay a ‘nominal’ fine of 10sor go to prison for a week.

It was a sensible judgment, one aimed at diffusing political tensions while maintaining the rule of law. Rubenhold is right to highlight the problem of homelessness and poverty in late nineteenth-century London, it is something we need to remember and it was at the core of my own work from 2010, London’s Shadows, which dealt with the Trafalgar Square episode. I am continually ashamed, as an Englishman, that 130 years from 1889 we still have rough sleepers, unemployment and poverty in London while the wealthy (and not just the Queen) live lives of the most opulent luxury.

[from The Standard, Tuesday, March 05, 1889]

My new book on the ‘Ripper’ murders, co-authored with Andy Wise, is published by Amberley in the summer. 

A lady’s ‘companion’ undergoes a most unpleasant visit to an estate agent

In May 1879 Miss Lowrie was asked to wait in an estate agent’s office while her older lady friend undertook a familial visit to her brother. What happened next resulted in a very public and embarrassing appearance for all the parties before the sitting magistrate at Bow Street.

Miss Lowrie was ‘companion to Mrs. Oldfield’ of Upper Holloway. This probably meant that she acted as a paid (or possibly unpaid) ‘friend’, somewhere between a family member and a domestic servant. Young ladies like Miss Lowrie (we have no recorded Christian name) were sometimes distant relatives but certainly members of the ‘respectable’ middle classes.

Mrs Oldfield was visiting her brother, Mr Pace of Messrs. Morton and Pace, auctioneers and estate agents and went upstairs to see him while the younger woman waited in the office of his partner, George Morton.

Morton was friendly and offered her a chair before showing her pictures of his wife and child. However, he soon began to be a little too ‘friendly’.

‘As she was looking at them he put his arm around her waist and kissed her. She struggled to free herself; but he laid hold of her indecently and forced her on a chair’.

When Mrs Oldfield came downstairs Miss Lorie left with her, saying nothing until the pair were safely back inside the lady’s brougham. When she heard what had happened the elder woman was furious and wanted to turn the coach around but her companion was adamant they should not. One imagines she was mortified by the whole experience and simply wanted to go home.

However, she was later persuaded to take out a summons against Mr Morton, which brought the whole affair before the Bow Street Police Court.

Mr Stallard, defending, suggested that it was odd that no one had heard anything of the struggle that Miss Lowrie said had lasted over five minutes. Nor was the young woman’s clothing disarranged. He argued that the incident had been ‘grossly-exaggerated’ and that if ‘she had screamed out there at least three clerks who must have heard her and who would have come to her assistance’.

Miss Lowrie responded that the door to the clerks’ room had been firmly closed by the defendant and that she had not cried out but tried to fight him off instead. Her necktie had been ‘dissarranged’ (and Mrs Oldfield testified to this) and Morton had been responsible, having undone it while he held her down. Morton’s brief tried to argue that his client was merely helping her re-tie it after it had accidentally become undone, but this seemed unlikely to the court.

Stallard said the clerks were happy to back up the agent’s version of events but sadly none had made it to Bow Street. Mr Howard, the magistrate was unimpressed. He told the defence that they could easily have made them come, by issuing a subpoena. Their absence  spoke volumes.

Addressing the accused Mr Howard said that ‘it was at least a most improper and impertinent assault, especially from a man who exhibited  a picture of his own wife and child to the lady’. He fined the estate agent £5 with the threat of gaol if he didn’t pay. The fine was paid and all the parties left the court. One is bound to wonder what the ‘office’ atmosphere was likely on the following Monday morning.

 

[from The Standard , Monday, May 26, 1879]