‘There’s no justice for a ticket-of-leave man’: Fenians, Police and the ‘Manchester Outrage’.

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In the 1850s transportation to Australia slowly declined before being abandoned in the 1860s. Transportation, which had been the most effective alternative to hanging for the Georgians, was now itself replaced by incarceration at home. In 1865 the Prisons Act consolidated control of prisons under a government agency (rather than being left to local control) and penal servitude replaced transportation as the most serious of non-capital punishments.

One of the innovations of the colonial transportation system had been the mark system. This allowed convicts to earn points for good behaviour; points that might lead to better conditions, food and, ultimately, early release. The principle was sound: convicts would be easier to control if they understood that it was in their interest to get their heads down, accept their punishment and strive to win their freedom. The ultimate goal was a ticket-of-leave, which allowed convicts to live as free men within the colony, so long as they did not offend again.

The ticket-of-leave system (which in modern terms is parole) was exported back to England and applied to criminals locked up in the country’s various gaols. Here too offenders could earn the points that would enable them to be released on license before the end of their sentences. There were conditions of course, and these were easily broken, at which point a convict might find himself up before a magistrate and, ultimately, back in prison.

In May 1867 John Jones had been released on a ticket-of-leave and came back to his friends and family in London. The license required that he report to the police with 48 hours of being released and that he carried his ticket-of-leave on him at all times. Moreover, every moth Jones was required to report in to his nearest police station and confirm his address. He was then expected always to sleep at this address, and no other. The police were supposed to able to find him if they needed to. If he moved home Jones had 48 hours to inform the local police or he would be in breech of the terms of his release.

This close relationship with the local police must have made it pretty difficult for a convicted criminal to return to normal life. The prison stamp would have been on Jones following his release: the deathly pallor, close cropped hair, poor constitution, and sunken eyes (all products of the ‘hard labour, hard bed, hard fare’ policies of the prison system under Edmund Du Cane) would have marked him out as an ex-con. With little opportunity to rejoin ‘straight’ society Jones would naturally have gravitated back to the ‘criminal class’ that Mayhew and Binney had described in their writings.

In late November 1867 PC Harry Shaw (77G) saw Jones in Golden Lane, Clerkenwell. Jones was with a group of men the officer knew to be convicted thieves and he understood that he had gone there to express his sympathy ‘with the relatives of three men who had been hanged at Manchester on the previous day’.

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This was a infamous case, that of the ‘Manchester Martyrs’. William Philip Allen, Michael Larkin and Michael O’Brian were Fenians, members of the Irish Republican Brotherhood, and they had been part of crowd of over 30 who had attacked a police van carrying fellow Fenians to gaol. In the attempt to release their prisoners a policeman, Sergeant Charles Brett, was killed.

Five men were convicted of Brett’s murder but two had their sentences overturned. Allen, Larkein and O’Brian were not so fortunate and were ‘turned off’ in front of a huge crowd above Salford Gaol on 23 November 1867. This was one of the very last public hangings to take place in England. Karl Marx remarked that the hangings served the cause of Irish nationalism better than many an act of terrorism had because it gave them martyrs to act as inspiration for the next generation of freedom fighters.

Naturally anyone celebrating those that had killed a police officer was unlikely to earn much sympathy from a serving constable. John Jones had joined a procession of men and women who marched from Clerkenwell Green to Hyde Park and PC Shaw followed, watching them. As they ‘dodged’ in and out of the crowd the constable suspected they were trying to pick pockets but he had no definite proof, just suspicion.  In the end he collared Jones and cautioned him, demanding to see his ticket-of-leave. Since he didn’t have it on him, Jones was told he must appear at Clerkenwell Police court to explain himself.

In early December, looking ‘rough’ John Jones presented himself before the sitting justice. He said little, saying ‘it was no use for him to speak, as there was no justice for a ticket-of-leave man’. The police, added, ‘had entered into a conspiracy to injure him, and he could do nothing’. The magistrate asked to see his license but he didn’t have it on him so he was remanded in custody so that one of his friends could fetch it.

Within days Clerkenwell itself experienced the full force of Fenian terror as conspirators attempted to break their fellow nationalists out of prison by blowing open the gate.  On 13 December 12 people were killed and over a hundred were injured in what The Timesdescribed as ‘a crime of unexampled atrocity’. Eight men were charged but two gave Queen’s evidence against the others. Two more were acquitted by the Grand jury and , in the end, only Michael Barrett was held responsible for the bomb. On the 26 May 1868 Barrett earned the dubious honour of being the last man to be publicly hanged in England as William Calcraft ‘dropped’ him outside Newgate Gaol.

[from The Morning Post, Wednesday, 11 December, 1867]

An unlucky thief is caught as the nation buries the hero of Waterloo

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The morning after the Duke of Wellington’s funeral was a busy time for the Guildhall Police court. By all accounts the funeral was a extraordinary affair, snaking its way through the City streets and drawing huge crowds. Whether we see Wellington as the hero of Waterloo or a deeply conservative and out of touch politician no one can deny his impact on the nineteenth century. He may not have been widely loved but he was respected, and the state gave him the biggest send off since Nelson’s.

As a consequence of the procession that accompanied the ‘Iron Duke’s cortege to St Paul’s Cathedral the court had been closed for the day so the cells had filled up with overnight charges for the aldermen to deal with later.

When the court reopened on the Friday morning Sir John Key had over 30 night charges plus the usual flow of men, women and juveniles brought in by the police and private prosecutors during the day.

Of the 30 or so night charges the magistrate sent eight of them to prison (for picking pockets or assaulting police officers), and fined others for drunkenness and damaging property. This was pretty standard fare for those swept up by the police during the small hours.

Sir John remanded Alfred Povah for further examination after he was accused of stealing clothes to the value of £3 from the Inns of Court in Holborn. When the police had searched Porch they had found a set of skeleton keys on his person, suggesting he was a ‘professional’ thief.

Povah had been spotted heading up the stairs to Mr Rotch’s chambers in Furnivall Inn by one of the clerks. He called the firm’s beadle who nabbed the thief and handed him over to the police. PC McMath (77 City) undertook the search and later told an Old Bailey court that the keys were known as ‘Bramah keys’ and were considered to be ‘more dangerous’ by the police, suggesting perhaps that they were more effective at opening locked doors.

The thief’s professionalism marked him out as a member of the ‘criminal class’ within which the burglar was considered to be the arch enemy of respectable society. The burglar had replaced the highwayman as the symbol of serious crime as the Victorians increasingly saw their homes as sacred places.

Moreover Povah had a criminal record, having appeared at the Bailey two year’s previously for a similar crime. He was just 18 at the time and the judge sent him away for three months, the leniency shown perhaps prompted by his full confession in court. This time the Common Sergeant was not so generous and ordered that Alfred, not yet 20, be transported to Australia for seven years.

He never went however, by that time the colony was resisting the continued import of Britain’s unwanted felons. Instead Alfred served three years in an English prison before being released, on 22 November 1855, at the age of  22.

Had Alfred been 19 in 1815 he might have had the chance to be a hero like the thousands of men and boys that served under the Duke at Waterloo. When they returned to England having helped defeat Napoleon they received little or no help from an indifferent state. Wellington by contrast was feted as a war hero, the savior of Europe, and (a rich man already) was granted a reward of £200,000 (possibly £11m today).

[from The Morning Post, Saturday, November 20, 1852]

“The last descendant of the Bruce”?: madness and the magistracy in mid Victorian London

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This is another example of mid-nineteenth century attitudes towards mental illness. At the time mental health was not as well understood as it is today but it seems to have been, if not as prevalent, then still quite significant as a societal problem.

Ms Wetherall (if indeed that was her real name) was quite well know to the staff and magistracy at Marlborough Street Police court. The respectably dressed middle-aged woman had appeared at the court to ask the magistrates’ advice on more than one occasion.

On her previous visit she had told the bench that she was about to be married to Earl of Carlisle and had been summoned by ‘various tradesmen’ upon she had imposed in order to get herself the necessary wedding outfit on credit, something they had declined to do.

In a separate incident  she apparently declared she was ‘the last descendent of the Bruce’ (meaning Robert the Bruce, the victor of the battle of Bannockburn and a Scottish national hero). She had made this extraordinary assertion outside the gates of Buckingham Palace and was led away by a policeman. The magistrate then had sent her to be assessed by the medical authorities in St Martin’s to see if she was quite in her right mind.

Now she appeared before Mr Hardwick (the parish officials at St Martin’s clearly not wanting anything to do with her) to make an application to retrieve some property that she claimed her former landlady was withholding from her. It was a common enough application for a magistrate to decide on but given her history Mr Hardwick chose to fob her off. He said that as she had previously applied for similar things to his colleague Mr Bingham, she would have to direct this application to him on the following Monday.

Ms Wetherell was unhappy with this decision as she said she may not be able to make Monday. She told the justice she was sailing to Australia on Monday and may well have already sailed by the time the court opened. Having stated her case she upped and left the court leaving everyone wondering what her story would be when she next appeared.  She was clearly suffering with some form of mental illness which Victorian society was unable to help. However, she was not abusive or dangerous, the nineteenth-century’s equivalent of the early modern ‘village idiot’ perhaps, so off she went, no doubt with the laughter of the court ringing in her ears.

[from The Morning Chronicle, 15 November, 1849]

A ‘miserable lad’ and a ‘monster’: contrasting fortunes revealed in the press

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The Regent’s Canal in the early 1840s

On Saturday night my wife and I were crossing Blackfriars Bridge in the early evening. We were on our way to eat out at a fancy restaurant on the south side of the Thames on what was a lovely early autumn evening. The Thames was lit up and locals and tourists were strolling back and forth across the river and along the embankment. As we passed one of the inset buttresses of the bridge I noticed the rescue equipment attached the wall and, close by, a notice from the Samaritans offering a phone number for anyone in distress.

This was a reminder that people still jump from bridges like Blackfriars as they have done for centuries. It’s easy to do, there is little to stop you on Blackfriars for example and the pages of the Victorian press regularly recorded the discovery of floating corpses or the efforts of the police and passers-by to drag distraught ‘jumpers’ from the water.

Not everyone chose the Thames however, as this case shows.

Joseph Davis was described in court as ‘miserable, half-starved, and wretchedly clad’. A young man, Joe was down on his luck and at 10 o’clock on the 23 October 1846 PC 323K found him climbing the parapet of a bridge over the Regent’s Canal. As the policeman watched the lad launched himself into the water and the bobby had to rush to get help in dragging him out again.

Fortunately medical help was swiftly found and after a good meal Joseph was locked up overnight in the station house and taken before Mr Bingham at Worship Street Police court. The policeman said he knew the lad and one of his brothers, so a messenger was dispatched to find him and bring the family together to support the poor boy. Hopefully this was a one-off and Joseph Davis went on to lead a happy life.

Sadly this was not the case for the next person Mr Bingham saw that day. The newspaper reporter described William Clarke as ‘a monster’ and it sounds to have been well deserved. The ‘respectable’ watchmaker was brought up from the cells on a charge of rape and additional charges of sexual assault. He was committed to Newgate to take his trial at the Old Bailey.

The report of that trial in the Proceedings is scant; it merely records that he was found guilty and sentenced to transportation for life. As with nearly all cases of indecent assault and rape the details were withheld from the public, for fear of corrupting morals. One fact was recorded however: Clarke’s victim was his daughter Ann, who was just 12 years of age. Moreover her younger sister (not named) had also been assaulted by her father.

So that day the magistrate had two very different cases to deal with and both have disturbing echoes to our own ‘modern’ society as stories of child abuse and suicidal teenagers continue to dominate the newspapers.

[from Lloyd’s Weekly London Newspaper, Sunday, October 25, 1846]

A hero of the Peninsula and Waterloo meets the ‘terror of Chelsea’: who comes out best?

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I’ve just been revisiting the rise and fall of Napoleon in case I need to step in and provide some teaching cover for a colleague who is temporarily unwell. We all need to be prepared to teach outside of our specialism from time and as long as its not too far removed most jobbing historians can do it.

While Napoleon and the French Wars might seem a long way removed from my research area he is someone I have studied and be interested in for most of my reading life. As a child I quickly went from a love of Nelson to the man Nelson dedicated almost his entire career to thwarting. I saw Bonaparte as a brilliant mind, flawed by vaunting ambition, and ultimately let down by those closest to him and his inability to recognize when he had overstretched himself.

Of course while most of France adored him in the early 1800s much of the rest of Europe hated and feared him, most especially the English. He represented a challenge to British dominance and to the institution of hereditary European monarchy; he was a child of the revolution for all his abandonment of democracy. Most of all he wasn’t an aristocrat, he was – like so many of the men that rose through the ranks of the Imperial Army – a self-made man and the crowns of Europe had little time for that sort of success story.

The wars against France left a deep scar on Europe and on Britain and so those that served at Napoleon’s final defeat in Flanders were held in high esteem. Charles Miller was one such veteran of Waterloo – he had served throughout the whole of the Peninsula Campaign in Spain and Portugal, a war that did so much to undermine Napoleon’s grip on the European continent.

In 1838 (twenty years after Wellington’s victory at Waterloo) Charles Miller was serving with the Royal Veteran Battalion in Chelsea. He was quartered at Chatham and on Friday 12 October he had traveled to the Chelsea College to pick up some money that was owed to him. As he looked around for somewhere to spend the night he ran into a man named Thomas Ivey who promised to guide him to a suitable lodging house.

Unbeknown to the old soldier however, Ivey was a crook. He was well known to people in Chelsea as a thief and a rogue and Miller was exactly the sort of easy ‘mark’ he preyed upon. As Miller drew out his purse to buy some apples from a street seller Ivey pounced, snatched it, and ran off.

Miller raced after him but Ivey knew the streets and alleys around Jew’s Row much better than the outsider and he easily avoided him. The solider was persistent however, and eventually, with the assistance of the police, Ivey was captured and brought before the magistrates at Queen Square Police court.

Ivey tried to pretend that while he had met the veteran of Waterloo he hadn’t robbed him; there had been a misunderstanding and he ‘make it all right’. For his part Miller was at pains to say he’d not been drinking (often a charge leveled at those that had their purses lifted when visiting the capital). He had lost everything he had – a sovereign and four half crowns – and so was on his uppers.

The magistrate was determined that Ivey should face trial for this offence but was informed that the man had only recently bee released from Clerkenwell prison for a similar crime. That would surely count badly against him and the justice wanted to make sure they had all the details before sending him in front a judge and jury. So Thomas Ivey was remanded in custody for two days to get the report on his previous conviction.

Ivey paid dearly for his actions that day and I’m sure his choice of victim played a part. On 22 October he was tried and convicted at the Old Bailey and sentenced to transportation. He remained in England until February 1840 when he sailed for Van Dieman’s land to start a 10-year term of exile. Thereafter he seems to have kept his nose clean and in 1846 he earned his ticket of leave. He was freed three years later on the 9 April 1849. He was still just 29 years of age, (being born in 1820, just a year before Napoleon died on St Helena).

What did he do next? Sadly the records don’t tell us that but perhaps he embraced his new start ‘down under’ and put his past life as ‘the terror of Chelsea’ behind him. Nor do we know what happened to Charles Miller, the old soldier that Ivey robbed. I doubt he got his purse back (certainly not the contents) so his immediate circumstances were difficult. Hopefully his regiment supported him because in 1838 he must have been at least in late 40s if not older, and it is likely that in all those years of service he would have picked up one or more injuries.  There was no ‘help for heroes’ in early Victorian England and precious little state support for veterans, despite the supposed affection in which the victors of Waterloo were held. Not for the first time I’m left wondering whether the criminal, in being transported to Australia had the better outcome here?

[from The Morning Chronicle, Monday, October 15, 1838]

Is it better to plead guilty to bigamy than risk prison for debt?

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It is fairly unusual to find a case about bigamy in the summary courts of the capital. Accusations that an individual was already married must have been reasonable common given the reality that working class men and women cohabited quite frequently in the 1800s, and the Old Bailey heard over 1500 trials for bigamy between 1800 and 1900. Of those close to 85% resulted in a conviction and most (515 out of 1305) took place in the last two decades of the century.

In 1846 there were 12 cases and only Robert Furness escaped a guilty verdict. You may be surprised to discover that a conviction of bigamy could earn you a sentence of transportation overseas for no less than seven years. All of the accused in 1846 were men but women could also be prosecuted.

However, as I suggested they don’t often appear in the newspaper reports unless, as in the case of Charles Brindley, they were unusual. Brindley, a Spitalfields silk manufacturer, was brought up at Worship Street Police court in September 1846 and accused of several counts of bigamy. The court was told he had no less than four wives but little detail was produced.

Brindley then confessed to marrying twice without either wife being aware of it. This should have led him to face trial but the magistrate released him, so why did do this? It seems that along with the accusation that he was a polygamist Charles Brindley was in serious debt. An officer from the Sheriff’s court was after him and he seems to have confessed to bigamy to avoid being thrown into debtor’s prison.

If that was his ruse it didn’t work; as he left the court the Sheriff’s man was waiting for him and he was led away to face his creditors. Should we feel sorry for him? It seems that he made a lot of promises he couldn’t keep, both to those he traded with and to the women he formed relationships with. In the end it all unraveled and Brindley would be ruined. So I have some (limited) sympathy.

Just two years before Brindley was arrested by the Sheriff’s man the liability that would lead you to debtor’s prison was set at £20 (a significant amount) and this went some way to saving thousands from the horror that Dickens’ experienced as a child. Following a change in the law in 1869 the number of people in debt was cut significantly but individuals could still be sent to gaol for up to six weeks (if not indefinitely any more). Even in the early twentieth century there were still close to 12,000 in prison for debt. Theoretically you can still go to prison for debt but it is thankfully highly unlikely.

[from The Morning Post, Saturday, October 03, 1846]

A close encounter at the theatre sends one ‘very old thief’ back to prison.

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As Daniel Vincer was pushing his way up the crowded stairs of the Victoria Theatre (the ‘Old Vic’ as we know it) he thought he felt his watch move. Reaching to his fob pocket he discovered it was half out and he pressed it firmly in again. Looking around him he noticed a man directly behind him but presumed the timepiece had just come loose in the press of people.

Just second later though he felt the watch leave his pocket. Turning on his heels he saw it in the hand of the same man who was in the process of trying to break it away from its guard. As soon as the thief realized he’d been noticed he fled, with Vincer in pursuit.

The odds favoured the pickpocket but Vincer managed to keep him in sight as they moved through the theatre goers and with the help of one of the venue’s staff, Vincer caught his man.  On Saturday morning, the 13 August 1864, Vincer gave his account of the theft to the sitting magistrate at Southwark Police court.

The thief gave his name as Charles Hartley but Mr Woolrych was told that the felon was an old offender who also used the name Giles. He was, the paper reported, a ‘morose-looking man’ but then again he had just spent a night in the cells and was facing a potential spell in prison, so he’d hardly have been looking chipper.

Had Vincer seen the man actually take his watch, did he have it in his hands? Vincer said he had. ‘He put his hand along the chain’, Vincer explained, ‘and [he] saw the prisoner break it off’. There were so many people on the staircase that Vincer hadn’t be able to stop him doing so, he added.

Hartley denied everything. He’d ditched the watch as he ran and so was prepared to brazen out a story that he was nowhere near the incident.

However, this is where his past indiscretions caught up with him. Stepping forward a police sergeant told the magistrate that Hartly was believed to be a ‘returned transport’. In other words he’d previously been sentenced to transportation to Australia and had either escaped or, much more likely, had served his time and earned a ticket of leave to come home.

‘That’s a lie’, declared Hartley, ‘I never was in trouble before in my life’.

This prompted the Southwark court’s gaoler to step forward and ‘to the prisoner’s mortification’ identify him as a ‘very old thief’. If his worship would just remand him, Downe (the gaoler) insisted he could prove at least 20 previous convictions against him. Not surprisingly then, that is exactly what Mr Woolrych did.

So, did Hartley (or Giles) have a criminal past?

Well the digital panopticon lists a Charles Giles who was born in 1825 who was frst convicted of an offence in 1846 (aged 21). He was accused of forgery at the Old Bailey and sent to Van Diemens Land for 7 years.  He earned a ticket of leave in September 1851 but this was revoked just one year later, on the 13 September.

Could this be the same man? By 1864 he would have been 39 but could have looked older after a life spent in and out of the justice system, and at least two long sea voyages in poor conditions. The gaoler had described him as ‘a very old thief’ but it might have meant he was an experienced offender not an aged one. There are various other Giles’ but none that fit well, and several Charles Hartleys but again none that dovetail with this offence.

When Hartley came back up before Mr Woolrych on the following Friday PC Harrington (32L) gave the results of his investigation into the man’s past. He told the court that the prisoner had indeed been transported and had been in prison several times. By the middle years of the nineteenth century the criminal justice system’s ability to track a criminal’s life history had improved significantly even if it hadn’t developed the forensic tools that modern police investigations depend upon (such as fingerprints and DnA tests).

Sergeant William Coomber (retired) said he recognized Hartley as a man he had helped put away several years ago. According to him the prisoner had been sentenced (at Surrey Assizes) to four months imprisonment in 1851 for a street robbery, before being transported for 7 years in July 1853. He had earned his ticket of leave in January 1857 but attempted to steal a watch and got another 12 months instead.

Mr Woolrych committed him for trial. By 1864 he wouldn’t be transported again so the unfortunate, if serial, offender was looking at a long term in a convict prison.

[from The Standard, Monday, August 15, 1864]