‘You answered him back and used your tongue pretty freely’: patriarchal dismissal of domestic abuse

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Here are two cases of domestic abuse from 1875, both handled slightly differently by the magistrates involved, but both revealing of contemporary attitudes.

Daniel Lambert had run his own pub but the business had failed and he’d been forced to sell up and move to a house in Notting Hill where he lived with his wife. It seems he blamed his wife for their misfortune and consoled himself by going out and getting drunk alone.

One evening he returned home after a session at the pub and his wife, Amelia, was standing at the gate, ready to scold him for his drinking. He told her to go inside. She carried on her critique and he threatened to ‘kick her to pieces’ if she didn’t stop. Amelia gave in and went upstairs but Lambert followed and beat her anyway. The couple ended up in court at Hammersmith before Mr Ingham.

Lambert’s barrister (Mr Whitty) argued that his client was provoked by her constant nagging. So ‘you abused him?’ the magistrate asked her, ‘you answered him back’, and ‘used your tongue pretty freely?’

‘No, sir’ she responded. ‘He struck me, pinched me, and kicked me […] I got away from him and called a constable, but he would not take him, as he did not see any blow struck’.

The police were reluctant to interfere in a ‘domestic’ unless they saw clear evidence of violence. This cooper wouldn’t examine her either, because the bruises she had were under her clothes and he said he could not see them without a doctor being present. This drew laughter in the court, as had the justice’s remarks about Amelia using ‘her tongue pretty freely’.

However, despite being ridiculed by a male dominated court Amelia did have one ally, the landlady that ran their house. She told the court that Mrs Lambert was a ‘most sedate woman’ and not the monster that Lambert and his brief wanted to make her out be. Daniel Lambert said she had sold all his goods when the business failed and had threatened to poison him, but there was no evidence for any of this. In the end Mr Ingham ruled that Lambert would have to find tow sureties in £20 each to ensure he behaved himself, for just two months. It was a legal slap on the wrist and reflected the reality that the magistrate thought that Amelia was to blame for her husband’s violence.

On the same the say the newspapers reported another case of domestic violence, this time heard before Mr Cooke at Clerkenwell. On Friday 16 July Mrs Badcock was making breakfast and getting her children ready for school. She picked up a pair of her husband’s trousers and heard money rattling in a pocket. The children had no shoes and Benjamin Badcock was lazy and rleucatnt to go out to work. The family were in poverty and Mrs Badcock suggested that since Ben had boots on his feet he might go out and earn some money so his children had some of theirs.

This sent the 47 year-old causal labourer into a rage and he turned on his wife, hitting her and throwing her onto the bed. She’d been holding a knife while she made breakfast and he seized this and threatened her with it. Fearing that he would kill her the couple’s eldest daughter, Mary Ann (16), rushed between them.

Badcock turned his anger on her now and thumped her in the face several times. When he had gone they left the house and applied for a warrant to bring him before a magistrate. Now, in court, Badcock denied the assault merely claiming he’d ‘slapped’ his daughter’s face for insubordination, as he was entitled to. Mr Cooke didn’t comment on the violence (or at least his comments were not recorded) but he also required Badcock to find two sureties (in this case for £25 each) to keep the peace towards his wife and daughter for six months.

In both cases a man had abused his wife (and daughter in the second example). This was routine, common and often punished similarly at the time. Would the sanction have worked? It is very hard to say but I strongly doubt it. There was an existing culture that tolerated male violence towards females (wives, partners and children) and we have struggled to leave that culture behind. Domestic violence and abuse (for abuse takes many forms, not all of which are physical) is notoriously difficult to quantify. However, there are currently an estimated 2,000,000 victims every year. Over a quarter of women aged 16-59 have reported some form of abuse from partners or other family members, and the figure for male victims runs at around 15%.

So this is not a Victorian problem, it is a very modern issue and while it increasingly affects men as well as women, boys as well as girls, it is predominately a problem related to male anger and male violence. History shows us that ignoring it, or pretending that it is a small isolated group of ‘bad’ people that are responsible, is not going to solve the problem. When we factor in the reality that around 35-45% of all homicide victims are killed by someone close to them then perhaps we see just how serious a social issue this is.

[from The Standard, Monday, July 19, 1875]

‘You are one of Colonel Henderson’s ruffians!’:one of the ‘Devil’s Own’ takes his anger out on the police

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The Albert Embankment under construction in 1869

As two police constables patrolled the Albert Embankment on Saturday evening in May 1879 they heard and then saw a horse and rider approaching. The man was smartly dressed but seemed to be swaying in the saddle as if a little the worse for drink. PC Vaughan (143L) commented to his companion that they should keep an eye on him.

Soon afterwards, as the coppers watched, the equestrian turned off the embankment into Gloucester Street, a dead end street that led only to some dust yards. They followed him into the dimly lit street and saw that a large crowd of dustmen and small boys had gathered around him. He was throwing them silver coins which they were scrambling for the in dirt of the street.

This was a potentially dangerous situation; if the man was drunk it was quite possible, PC Vaughan thought, that he might be hauled off his mount and robbed. The officers moved in through the throng and advised the rider, firmly, to desist and go home. Instead of obeying the constable’s request however, the man growled at him:

You are one of Colonel Henderson’s ruffians, I should like to have a turn with him in Belgium, choose our own weapons, and stand six yards apart’.

Sir Edmund Henderson was commissioner of the metropolitan police from 1869 to 1886. He resigned following the embarrassment of the West End (or ‘Pall Mall’) riots of 1886. He had a military background (as did his successor, Charles Warren) and had also served in Australia with a responsibility for the government of convicts before returning to England to run the prison system. henderson2

The police themselves did not enjoy the affection of the public that they do today and this clearly extended beyond the lower working class. The rider was a barrister, William Belt, aged 53, and resident in Bedford Square. As a man of some means and position he had no obvious reason to dislike the police but referring to them as ‘ruffians’ was fairly unambiguous. His comment about ‘six yards’ suggested he was spoiling for a fight  (since it referenced the classic duel) and when he hit PC Vaughan over the head with his riding whip all doubt of his belligerence towards the police was dispelled. I imagine he was cheered by the assembled dustmen but not by the two policemen who grabbed the reins of the horse and pulled him away.

With difficulty, and with Mr Belt refusing to dismount, the two constables escorted their captive to a police station and charged him with being drunk and with assaulting a police officer. Belt gave his name, address and occupation (barrister) and appeared in court at Lambeth before Mr Chance where he denied everything.

He said he had been riding on the Embankment to meet up with his old regiment – the ‘Devil’s Own’ – at Wimbledon. He wasn’t drunk he said, but ill. He had nothing more than ‘two spoonsful of brandy’  that day and despite the fact that – as PC Vaughan reported – he was riding without the use of his stirrups he was entirely in control of his horse. Medical evidence was heard which supported both his and the police’s claim about him being inebriated that night so it was left to Mr Chance to decide the outcome.

The magistrate was pretty clear an assault had taken place, and sure that the police were justified in trying to remove the barrister from a tricky situation where he might have been the victim of crime. But in part because the man had managed to ride so far without the use of his stirrups and because he was, after all, a gentleman, he dismissed the charge of drunkenness. Belt was ordered to pay a fine of £3, which he did, and discharged.

I wondered about the ‘Devil’s Own’ that Belt referred to as his old regiment. During the Napoleonic Wars the Connaught Rangers (88thRegiment of Foot) were nicknamed the ‘Devil’s Own’ and earned a fearsome reputation in the Peninsula. But William Belt was too young to have served in the wars against Napoleon, being born in 1826. There was, however, a volunteer corps of Inns of Court troops that had been formed during the Crimean War – the 23rd Middlesex Rifles – and this may have been the barrister’s regiment.

[from The Standard, Tuesday, May 06, 1879]

If you enjoy this blog series you might be interested in Drew’s jointly authored study of the Whitechapel (or ‘Jack the Ripper’) murders which is published by Amberley Books on 15 June this year. You can find details here

The ‘gospel according to the nineteenth century moralists’ brings the end of a popular entertainment

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I have often wondered what the Victorians would make of our society should a character like H G Wells’ ‘time traveller’ actually manage to create a machine to visit the future. While one imagines that he would probably find some things to be predicable (motorized transport, even airplanes), others largely unchanged (like Parliament and the judiciary), it would be the leveling of daily life and the permissive nature of relationships that might give cause for shock.

Victorian society was not as buttoned up and prudish as it has sometimes been perceived. In fact, as Matthew Sweet argues in Inventing the Victorians (2001) even that oft repeated suggestion that they covered up the legs of their pianos is a myth; a joke aimed at themselves and at Americans (whom they felt were more obsessed with suppressing sexuality).

Nevertheless vice and obscenity were prosecuted in the courts and their definitions of what constituted ‘obscene’ were certainly narrower than our own. This is where I think the ‘time traveller’ would struggle to make sense of society: when he viewed television, looked at a tabloid newspaper, causally searched the internet, or simply walked down a busy London street, he would have been assaulted by images of (in his mind) semi-nudity everywhere.

In 1872 Frederick Shore was summoned to Bow Street Police court to answer accusations that he had published an indecent periodical. Shore, who was represented by a barrister, Mr Laxton, was the publisher of Days Doings and short-lived sensational magazine that carried all sorts of stories, romances, gossip, sports and entertainment news. The prosecution, brought by the Society for the Suppression of Vice, alleged that it was obscene.

Shore had been in court three months previously and had then promised that ‘all nude pictures and matters suggestive of indecency’ would be removed from all future editions of the paper. This then was a hearing designed, in part, to ensure he had kept his word.

Mr Bealey, the barrister instructed by the Society, argued that he had not. He produced a copy of the latest edition and read a selection of it to the court before showing the magistrate (Sir Thomas Henry) a nude image. The defense argued that the image in question was ‘a well known picture’ and that the editors had ‘added drapery to it’ to ‘decrease its nudity’. Sir Thomas said this only made it worse, it was now ‘even more obscene’.

He concluded that the proprietors of Days Doingshad  ‘not kept good faith’. ‘There was no doubt’ he declared, ‘that the proprietors of the periodical pandered to a depraved taste’. He bound the witnesses form the Society over to prosecute and accepted bail of £150 from the defendant. The whole sorry issue would now have to go before a higher court.

Just how ‘obscene’ was  Days Doings?Well not very would be the conclusion of a modern audience. It was risqué certainly, and humorous, catering for  amiddle-class decadent readership. On its May 1871 cover it featured ‘Derby Night at Cremorne’ [Gardens] with a sensational scene of well dressed gentlemen drinking with women that might well have been prostitutes. Cremorne Gardens enjoyed a reputation as a lively and disreputable entertainment venuewhere the classes could mix. The 1871 article in the Days Doings supported Cremorne in the face of a sustained attack by organisations like the Society for the Suppression of Vice and the Cheslea Vestry who wanted it closed down.

This brought Shore into the cross hairs of anti-vice campaigners who saw his periodical as part of the problem. In early 1872 Days Doings was (as this case shows) under constant attack and eventually caved in. It remerged as ‘Here and There’ a much milder version of itself but it still had room to comment on the attempts to close down Cremorne Gardens. It condemned the threats to popular entertainment ‘by the prudery of aldermen, ministers and police inspectors. Dancing is banned at Cremorne’ and other venues it stated, ‘for this “is the gospel according to the nineteenth century moralists”.*

Goodness knows what those same moralists would have made of most Britain today.

[from The Morning Post, Friday, February 02, 1872]

*quoted in Lynda Nead, Victorian Babylon (2005), p.139

A magistrate woefully out of touch with reality but who founded a legal dynasty

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Sir Henry Curtis-Bennett might be forgiven for not really knowing ‘how the poor live[d]’ in 1888. He had been appointed a magistrate for Westminster just two years previously at the age of 40. In 1888 in fact he was ‘Mr’ as the king didn’t knight him until May 1913 just a few weeks before he died. He was the son of an Essex  vicar and read law at university. He was called to the Bar in 1870 and so had plenty of experience (as all the metropolitan magistrates did) in the legal system, if not in the day-to-day life of ordinary Londoners.

In November 1888 he was presiding at Wandsworth when young George Thomas Bellenger was brought before him, charged with ‘living beyond the control of his parents’. The gaoler brought him up from the day cells and informed his worship that the lad was half starved. Until that morning he’d not eaten for days and so had been glad of the meal that Mr Ironmonger, a local Industrial School officer had provided.

The officer had been to George’s parent’s home and found it to be in a terrible state. There were several children there, all ‘crying for food’ and he reported that the place lacked the basic ‘necessaries of life’ (by which I presume he meant food and heating).

If the family were destitute then surely they should have gone to the workhouse Mr Curtis-Bennett declared. The gaoler said his worship was correct but added that many of the poor were ‘disinclined to become inmates of the workhouse’.

The magistrate said he was aware of this but couldn’t understand it. After all in England the poor were looked after better than in any other country in the world. Here there were ‘workhouses, infirmaries, and dispensaries’. This was the extent of the ‘welfare state’ in 1888: there was no unemployment benefit, no state pension, no NHS. Instead if you unable to feed yourself or find shelter you could enter the ‘house’ where you would treated (despite the former barrister’s opinion) little better than prisoners were.

George’s mother was called forward to explain her situation. She told the magistrate that her husband was out of work. He had been employed by a mineral water company as a delivery man but he had been sacked after eight years’ service. The reason, she was asked?

‘He trotted the horses’.

‘For no other reason?’

‘No sir’.

So because he pushed the horses to get his rounds done more quickly they company had sacked him. Workers had few, if any, rights in the 1880s and unemployment was high so there were always people to fill gaps if employers wished to get rid of people or pay them lower wages.

At this Mr Curtis-Bennett had a temporary rush of charitable understanding. He awarded the woman 10from the poor box. Then he sent her little boy to the workhouse.

Henry Curtis-Bennett died in office. He had become the Chief Magistrate at Bow Street and in July 1913 he was a attending a meeting at Mansion House (seat of the Lord Mayor of London) when he fell ill. He had survived a bomb attack in 1908 orchestrated by militant suffragettes (and other attempts as he was a lead magistrate in suppressing their ‘outrages’) but he didn’t survive this latest assault on his constitution. curtiss-bennett-1He died soon afterwards and was succeeded by his eldest son, also Henry, who went on to be a more famous lawyer than his father and a Conservative politician.

His son – Derek Curtis-Bennett) followed in his father and grandfather’s footsteps and entered the law. As a defence barrister he famously defended (if not successfully) the traitor William Joyce (Lord Haw-Haw) and the murderer John Christie.

No one knows what happened to little George or his siblings, or if they even survived the winter of 1888.

[from The Standard, Friday, November 02, 1888]

A paedophile in Trafalgar Square or an innocent case of being overly friendly?

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Yesterday’s case involved an alleged assault on a young girl and today’s is clearly similar. I think this demonstrates two things that perhaps we have not really considered: first that a concern about paedophiles is not a new phenomena but that perhaps we take it more seriously than we used to.

In July 1877 Matthew Seton was presented at Bow Street Police court. Seton clutched a roll of music in his hand as he was quizzed by Mr Vaughan but he gave his occupation as a barrister. A Police constable alleged that he’d seen Seton approach two young girls who were sat on the wall by the fountains in Trafalgar Square and engage them in conversion.

According to the witness Seton spoke to Elizabeth Corrington (who was just seven years of age), pinched her legs playfully and then put his hand up her skirt. He arrested him and took him to the nearest police station to be charged.

In court the barrister denied there was anything sinister in his actions.

‘On my way back, to rest a little, I sat next to the little girl on the wall in Trafalgar Square. The little girl kicked her legs at me in a childlike way, and I playfully pinched them, and said, What nice legs you have! I solemnly deny that I indecently assaulted her. If my hand went under her clothes it was an accident, and must have been caused by her slipping down’.

It was very hard to prove of course and today one would hope that no one would touch an unrelated or unknown child in any way, sexual or otherwise. The magistrate clearly had his doubts as he committed Seton for trial. His case came up at the Middlesex Sessions where he was acquitted of indecent assault probably because there was insufficient evidence to convict.

Was the 32 year old lawyer a paedophile? It is impossible to know so we, like the jury, should give him the benefit of the doubt. I am bound to wonder again however, as to why a seven-year-old girl was apparently without adult supervision  in the square, just as in yesterday’s case a 10 year-old was roaming the city streets at 10 at night.

[from The Illustrated Police News etc, Saturday, July 14, 1877]

Class wars in Hampstead as a dog gets amongst the model boats

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Whitestone Pond, Hampstead Heath in the 1920s

Mr Horace Lister was a member of the respectable middle class. He lived in Kilburn with his wife and family, and practiced as a barrister. On Sundays he enjoyed nothing more than taking his kids up to Hampstead Heath so they could sail their model boats on Whitestone Pond.

On the 29 April 1893 Lister was up at the pond with his children enjoying the spring sunshine and joining in with all their other families floating their yachts and other craft. I can picture the scene because in the 1970s I can remember my father taking myself and my brother to watch the boats and walk on the heath.

It was there he told me tales of Dick Turpin and his famous ride to York, and how the notorious highwayman had shot at his pursuers, leaving holes in the walls of the nearby Spaniard’s Inn. It was a tall tale, but I didn’t discover this till much later.  Perhaps Mr Lister was equally inventive, or shocked his children with stories from the courts he attended. I doubt he expected to feature in one that day.

As he watched his children play he saw a dog launch itself into the water and chase the boats. The animal was ‘fetching’ the boats “without being asked to do so” (as he later observed). When it grabbed hold of his daughter’s with its teeth Lister shouted at it to drop it. He had already noted who owned the dog and so he called across to him to keep better control of his beast.

His attempts to make the dog drop his child’s toy were as ineffectual as his attempt to get the animal’s owner to intervene so he decided to take the law into his own hands.

Taking his umbrella he struck the poor dog several times across its neck and back, to force it to dislodge the boat. Seeing this, the animal’s owner rushed over and caught hold of the barrister by the arm. Arthur Smith was a coachman and strongly built, and he remonstrated with his dog’s attacker. Smith threatened to ‘duck’ him in the pond if he didn’t leave his pet alone.

There were several witnesses to the skirmish and at least one, a gentleman horse rider who was passing by and saw the whole episode, was happy to corroborate Lister’s version of events when the case came before the justices at Hampstead Police Court. Mr. O’Connor, the equestrian, said he was worried that the rougher man was about to throw his victim right into the water. Lister’s ten year-old son also testified to the veracity of his father’s story, as we might expect him to.

As for Arthur Smith, well he was outnumbered and quite literally, outclassed. As a member of the working class, and not a very well respected one at that (coachmen and cab drivers had a reputation for being ill-mannered and surly) he was never going to win this battle. He claimed his dog had only gone into the water the once, and that he’d ‘called it out immediately’. He described the attack as unnecessarily violent and the charge as ‘wicked’; his dog was valuable and it had been badly hurt he added.

Not surprisingly the bench sided with the barrister and fined Smith 10or seven days imprisonment if he couldn’t pay. He paid up and left, and hopefully chose a different route to walk his dog in the future.

[from The Standard, Thursday, May 11, 1893]

‘Lor bless you, 5s indeed! Why there is 18 gallons of Truman Hanbury’s Treble X ale. I wouldn’t take 40s for it’. Mr Selfe’s first day at the office.

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The Truman, Hanbury, Buxton, & Co. brewery, c.1842

Thursday 3 April 1856 was Mr Selfe’s first morning as a London Police court magistrate.

Born in Worcester in 1810 at the age of 24 he had been called to bar and ‘practised [as a barrister] at the Oxford Circuit and Parliamentary bar’ until he took up his position on the London benches.* All Police Court magistrates in London were former barristers and, unlike their equivalents outside the capital, had the power to hear cases on their own. They had a good working knowledge of the law and several years of experience of court practice.

Mr Selfe had bene given Thames Police court in the East End of London. He replaced Mr Ingham who had moved on to the more salubrious environments of Westminster and Hammersmith. Magistrates did move around it seems, and some covered more than one court. In the 1880s there were at least two justices at Thames who sat for a few days each. This probably helped spread the workload but also stopped anyone getting too comfortable and warded off corrupt practice. The Middlesex magistracy in the 1700s had earned an unwanted reputation for venality, being derided by commentators as ‘trading justices’.

Mr Selfe’s first reported case was a beer thief, and quite an ambitious one at that. John Reynolds was 19 and his exploits were relayed to the newly appointed magistrate as he stood in the dock at Thames.

Catherine Driscoll testified that she was working for her employer at 51 Rosemary Lane where, at around 4 in the afternoon she saw Reynolds steal a barrel of beer from a drayman’s cart. She told the court that:

‘after he had launched it on the ground he rolled it along the street and up a court, and deposited in a yard at the back of a house in Rosemary Lane’.

Rosemary Lane had a long history of criminality stretching back into the eighteenth century, as Janice Turner’s work has shown. The drayman – a Mr Bullock – was delivering beer to a public house for his employers, Truman, Hanbury, Buxton, and Co., brewers in Hanbury Street and Brick Lane since 1666. The brewery no longer exists but some of the buildings do, including the iconic chimney and the Truman eagle.

Bullock explained that he had come back to his cart to discover that a kilderkin of ale was missing before someone (perhaps Ms Driscoll) pointed out its whereabouts and the person that took it. Reynolds was nearby and Bullock tried to catch him but he ran off. A policeman (Thomas Britton 161H) was soon in hot pursuit and caught him after ‘a long chase’.

When Reynolds was asked to explain himself he simply denied all knowledge of the barrel of beer. ‘Then why did you run away?’ Mr Selfe asked him. ‘I do not know sir’, was the young man’s reply, adding simply, ‘I am innocent’.

‘If you protest your innocence I shall send the case before a jury’, the magistrate warned him. A conviction before a judge would bring done much more serious punishment than Mr Selfe was able to hand out, as the magistrate knew from recent experience. The clerk of the court asked Bullock the drayman whether the beer was worth at least 5s. The drayman laughed:

‘Lor bless you, 5s indeed! Why there is 18 gallons of Truman Hanbury’s Treble X ale. I wouldn’t take 40s for it’. 

‘I suppose not’ commented Mr Selfe, ‘I shall commit the prisoner for trial’.

In the meantime however he remanded Reynolds as an officer at the court said he believed that the lad had a previous conviction that would need to be taken into consideration.

It was bad news for John. His opportunist theft would most likely end in a fairly hefty prison sentence, especially if a previous record could be shown against him. Mr Selfe might have been minded to show leniency if the lad had pleaded guilty but it was out of his hands now. Either way, his career at the Thames office was up and running and by using a keyword search for Selfe you can look for other cases over which he presided.

‘Disagreeable’ but not quite mad enough to be locked up: a violent husband at Marlborough Street

Two ‘dangerous female thieves’ opt for the best ‘worst case’ scenario

Smallpox brings death and difficult decisions to the Westminster Police Court

[from The Morning Chronicle, Friday, April 4, 1856]

p.s for those wondering, a kilderkin of beer or ale is an old Dutch term for a barrel that contained 18 gallons of liquid at the time. Today CAMRA still prefer to use kilderkin as a measure at beer festivals which equates to 144 pints. Truman’s is brewing again, in Hackney Wick, so you can still sip a local pint in and around Rosemary Lane (although Rosemary lane has gone, knocked down to make way for the railway. Now Royal Mint Street, running from Cable Street, follows much the same route).

*_from A. H. McLintock (ed.), An Encyclopaedia of New Zealand (1966) via [https://teara.govt.nz/en/1966/selfe-henry-selfe]