‘I always do what I say I will do’: the dark murmurings of a troubled mind

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The owner of Deacon’s Coffee House and Tavern on Walbrook in the City was disturbed by the sound of shattering glass. It was nine in the evening and Mr. Howell rushed out into the front room of his establishment to see to his horror that his window was completely destroyed. His clientele were in uproar and outside a small group of onlookers were gathering around a ‘little old woman’.

A policeman had arrived in a hurry and a small boy pointed out the elderly lady as the culprit. The constable arrested her and led her off to the nearest police station to be questioned and charged. She had already admitted throwing a brick through Mr. Howell’s window telling the proprietor:

‘I said I would break your window and I have done it. I always do what I say I will do’.

While in custody the woman, who gave her name as Emily Howard, told the police should would have liked to have smashed ‘every ______ pane of glass in the house’, and would make good on her promise when they released her. The constable later told the Lord Mayor at Mansion House that she was swearing throughout the interview but seemed perfectly sober.

In court the Lord Mayor heard that Emily had previous for criminal damage. The court’s gaoler (a man named Partridge) said he’d known her for 20 years and that she was someone who’d been in and out of gaol for doing similar things in the past. Emily’s only defense was that someone had thrown water over her but no one seemed to believe her.

The Lord Mayor sent her back to prison for two months at hard labour and she was led away ‘uttering threats of vengeance’ against the coffee house owner and the policeman that arrested her. She sounds like someone that needed help, not a month or two picking oakum.

[from The Morning Post, Saturday, October 16, 1875]

A famous jockey fallen on hard times, or a drunken imposter?

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Police constable George Booty of the City force probably spent a considerable amount of his time moving on and arresting drunks. It was part and parcel of any bobby’s job in late Victorian London and anyone refusing to move along or being incapable of doing so was likely to have their collar felt.

John Daly was just such a person.  He was drunk when PC Booty found him and, what was even worse; he appeared to be begging money from passers by. That was an offence in itself and so he was arrested despite his protestations that he was doing no such thing.

As was standard procedure Daly was brought before the local magistrate, in his case this was the Lord Mayor of London at the Mansion House police court. Daly had been very drunk when he’d been picked up the previous evening on Cheapside and while he’d sobered up in the cells he was still quite ‘excitable’ in the dock.

The 66 year – resplendent in a green neck scarf that he flourished dramatically – told the Lord Mayor that he was a ‘respectable man’ and asked for an adjournment so he could bring witnesses who would prove he was not begging at all. ‘I live in Newmarket’, he said, ‘and was going home’.

‘I am a jockey’, Daly continued, ‘and I have won the Derby, Oaks and Grand Prix. I won the Derby in 1867’.

He clearly wasn’t a jockey anymore and I doubt he would be the first (or last) jockey to get drunk or fall on hard times. The chief clerk of the court was skeptical and suggested he could soon find out if the man was telling the truth about winning the Derby.

‘So can I’, interrupted Daly from the dock. ‘I won it, and the horse was owned by Squire Chaplin’.

The Lord Mayor commented that the prisoner was a little too excited but he would like to ‘see him again’ so remanded him for a few days to check his story.

‘Very good’, Daly declared, ‘you will find what I have said is true’.

A week later he was back in court and this time a warder from Holloway goal was summoned to give evidence in the case. Henry Goode told the magistrate that he was very familiar with John Daly and knew him as a regular offender who had been prosecuted in London, Leeds and Sheffield to his knowledge. Daly spluttered his denial but the string of previous convictions was enough for the Lord Mayor. Moreover, the court was told that the real John Daly was currently enjoying his retirement from racing in Austria, where he had a ‘good position’.

As a consequence this ‘John Daly’ was sent to prison for 21 days with hard labour.

The real John Daly had indeed won the Derby and the Oaks in 1867 (a rare ‘double’) riding Hermit in the first and Hippia in the second. He was a famous jockey in his day and Hermit’s owner (who was indeed Henry Chaplin mentioned in court) won a staggering £140,000 backing his mount. Daly himself told reporters that he had made £6,000 from the Derby win.

When he retired he went to Germany (so perhaps Austria is not too far off the mark) where he took up training, winning the German St Leger in 1897 with Geranium. He returned to south London where he died two years before the outbreak of the First World War, on 9 April 1912.

[from The Standard, Saturday, October 14, 1893; The Illustrated Police News, Saturday, October 21, 1893; The Morning Post, Saturday, October 21, 1893]

‘I merely pushed accidentally against her’; the lame excuse of a sex pest.

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Indecent assault takes many forms, and in the rather staid newspaper reports of the 1800s, detail is rarely given. This case therefore is a little unusual in that we do discover what happened to make one woman bring a prosecution against her abuser.

Anne Green (whom the paper was at pains to point was a ‘respectable woman’) was waiting for her husband in Newgate Street. She was standing with her back to a lamppost and perhaps in Henry Branson’s inebriated state she have seemed ‘fair game’.

It was 10 o’clock at night, she was under a gaslight and maybe he mistook her for a prostitute. That doesn’t excuse his actions however. To Anne’s horror she suddenly felt Brandon’s cold palms on her knees and his knelt behind her and ran his hands up inside her dress.

She fought him off, grabbed him and called for the police. Branson swore at her and when her husband arrived he challenged him to a fistfight in the street. A policeman was soon on the scene and as he tried to arrest the man Branson’s rage increased and he struck out at the copper as well. He told anyone that would listen that he would happily ‘be hung for  such scoundrel’ as he was dragged off to the nick.

In front of Alderman Challis at the Guildhall Police court Branson denied all of it. ‘It is all false’, he said, ‘I merely pushed accidentally against her’. He claimed that the indecent assault was a fabrication added at the police station by vindictive police officers. He was a married man, he added, as if that proved he could not possibly have done such a thing.

The alderman was not inclined to believe him and thought the whole case was ‘very gross’. He was minded to send him for trail where he might get a year’s imprisonment if convicted. However, he decided instead to summarily convict him and told him he would send him ‘for one month to the treadmill’, meaning he would go to prison with hard labour.

[from Reynolds’s Newspaper, Sunday, October 9, 1864]

An old man’s ‘revenge’, with echoes of the infamous Ratcliffe Highway murders

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In October 1843 Thomas Rowe was brought before the Lord Mayor of London at Mansion House Police court. The Lord Mayor sat, as did the City’s aldermen, as single magistrates just as Police Magistrates did across the rest of the metropolis. On most days they dealt with the full gamut of summary offences and pretrial hearings, listening to cases of petty theft, fraud, disorderly behaviour and assault. But on this morning, Friday 6 October, a much more interesting (and serious) case was opened in the Mansion House.

Rowe, a 77 year-old former servant, was accused of attempted to murder his employer – a wine merchant named Thomas Waller. The incident had occurred at around nine o’clock that morning.  Thomas Lock, another of Waller’s servants, had opened the door to his former work colleague Rowe, with a ‘halloa’ and a comment that he hadn’t seen him for some time.

This was because Rowe had been dismissed some three weeks earlier after an argument with the wine merchant. Now he asked if he might have a word with Mr Waller and Lock went off to see if his boss would see him. The 61 year-old wine dealer told him: ‘I have nothing particular to say to him, but let him come in’.

Rowe was shown in to the counting house where Lock left him. Barely five minutes later the sound of a pistol shot punctured the peace of the house and Lock heard his master cry out: ‘Rowe has shot me!’

He rushed in and put himself between the shooter and his victim, then manoeuvred Rowe out into the passage while he attended to the injured man. Rowe made his escape past a frightened serving girl and the beadle was called.

Police inspector Waller (no relation to the wine dealer) was soon on the case and sent ‘officers in all directions’ while he acted on information and hailed a cab to pursue the would-be assassin in the direction of Bow. He caught up with him and Rowe quickly surrendered. He made no attempt here, or later before the magistrate, to deny what he had done so it really only fell to the justice to determine why he had tried to kill the merchant.

What reason had you for committing this dreadful act?, the Lord Mayor asked him.

I could not live with nothing but misery before my eyes‘, Rowe replied.

Having served his master faithfully for 24 years he felt he was owed more loyalty from the wine merchant.

After ‘serving him morning, noon, and night, at all hours, I could not help thinking it [his dismissal] was like transporting me to a foreign country. I had no one to help me‘.

Whatever the cause of his dismissal it was devastating. With no wife and children that he said were unable to support him, and no savings or means of employment, Rowe was thrown on the scrap heap and all that society offered him was the workhouse and, eventually, a pauper burial with no known grave. It must have been a desperately depressing and frighting future for an elderly man who had probably worked all his life.

Nevertheless the Lord Mayor was horrified:

The idea of firing pistols at a man because it did not suit him to employ you is horrible beyond everything‘.

Rowe was stony faced:

My Lord, Mr Waller is a very rich man and he could afford to employ me easily enough‘.

So the motive for the attack was revenge and Rowe was taking no chances of failing in his mission. He had two pistols  (in case one misfired) and a dagger as back-up because, as he put it, ‘that was a thing that wouldn’t miss-fire’.

How long had he had these weapons, the magistrate wanted to know.

I have had them for 30 years‘, Rowe explained. ‘I bought them to protect myself at the time of the murder of the Marrs in Ratcliffe-highway‘.

The defendant was referring to the infamous Ratcliffe Highway murders of 1811 when two entire families had been brutally murdered in the space of a week in East London. The case gained national headlines and highlighted the ineffectiveness of the capital’s policing in the years before Peel’s 1829 reform. The murderer was caught (although some doubt remains as to whether he was the right man) but he never went to trial. The body of John Williams was found hanging in his cell before he was formally committed to a jury trial. William’s corpse was then placed on a cart, with the murder weapons alongside his head, and he was paraded along the Highway before being buried at a crossroads with a stake driven through his heart.

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Having heard from the doctor that examined and treated the injured Mr Waller and from the policeman that searched the scene of crime for evidence (and picked up the offending bullet), the Lord Mayor asked Rowe if he anything further to say. ‘No, my Lord, I have nothing at all to say’. Since the wine merchant was still recovering from his injury (which it was hoped was not fatal) Rowe was remanded for a week.

When the case came before an Old Bailey jury much was made of Rowe’s infirmity and poor mental health. In the end this was what saved him. He had made no attempt to deny his actions at any stage. William Cook, a surgeon that specialised in ‘diseases of the mind’ testified that he had known Rowe for very many years and had seen him deteriorate. When asked by Rowe’s counsel what the effect of his dismissal from service would have been he answered that he thought it quite possibly could have tipped him over the edge. Rowe had complained of ‘a swimming in the head, and dizziness about the eyes’ on several occasions, the jury was told.

Thomas Rowe was acquitted on the three counts he was charged with: namely ‘feloniously assaulting Thomas Wilier […] and shooting off and discharging at him a certain pistol loaded with gunpowder and leaden bullets, and wounding him on the left side of his body, with intent to murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, To do him some grievous bodily harm.’

It was also revealed in court exactly why Rowe had been dismissed. Mr Waller had deemed him unfit to continue on account of his age and mental state. Waller told the Old Bailey that ‘when I gave him notice I said, “Your faculties give way, you don’t know what you are about”.’ He gave him a guinea and a week’s notice.

After 24 years of service, a week’s wages and a guinea was not a lot of reward for his loyalty. A week later Rowe sent a letter to his former master (written by Rowe’s son) pleading for help but ignored it.

Rowe was found not guilty on the account of being insane; however, no one doubted he’d acted as charged. The asylum beckoned for Thomas Rowe, if anything a worse outcome than the workhouse, or even a public execution.

[from The Morning Post, Saturday, October 07, 1843]

Street gambling and the law in 1850s London

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The nature of the law is at the centre of discussions this morning. Yesterday judges sitting in the highest court in the land – the Supreme Court – ruled that the highest political figure in the country (the Prime Minister) had acted unlawfully (illegally) in proroguing Parliament. The proroguing was declared null and void  and parliament will reconvene this morning at 11.30 to hold the executive to account.

This – despite what some newspaper editorials and unhappy government representatives might say – is democracy in action. We are not a dictatorship, and no one is above the law. This means that the law protects us – the people – from misrule by those that govern us.

This may be a frustration to the small majority of voters who voted to leave the European Union in 2016 but I hope they will recognize that the alternative – giving the executive carte blanche to ride rough-shod over parliamentary sovereignty – would have set an extremely dangerous precedent for the future. Many people voted to be free of the constraints of rule from Brussels (however misguided that might have been) I’m not sure they voted to ‘take back control’ only to surrender it to a modern day Hitler or Stalin.

This blog is concerned not with the highest court of the land but with some of the lowest. The Police Magistrates courts of Victorian London tended to deal with the more trivial problems of daily life in the capital. But here too law was important and central, and its application was supposed to be given without fear or favour, regardless of class.

In 1857 two justices sat in judgment on a man accused of organizing gambling in public. This was an unusual case; in part because two City magistrates were present but also because they quite clearly disagreed with each other.

Davis was arrested by City constable 325 for obstructing the footway at Bride Lane. Davis was with two other men and when the officer searched him he found betting books and £5 17sin coin on him. The case turned then on whether Davis (or the other men) were using the books and actually taking bets at the time. It was established that he wasn’t so the question arose of why the constable had arrested him. Alderman Copeland thought it a ‘monstrous interference with the liberty of the subject’ that the policeman  had arrested a ‘gentleman’ for doing nothing illegal at all.

He went on to say that not far away the officer might have found persons selling goods on the street and trading illegally by the Stock Exchange, yet they were not being arrested.  Abraham Davis had been stopped, moved on, and searched on several occasions by the same City policeman and alderman Copeland was clearly implying that the constable was enforcing the law selectively, and with bias.

Alderman Hale took a different view. He noted that gambling was a problem. It led to idleness, to debt, and to crime as well as causing large crowds to gather and block the streets. There were laws against it and he was determined to enforce them regardless of the class of individual brought in front of him.

Alderman Copeland agreed that gambling was a public nuisance but argued as well that other infringements of the law – such as the illegal trade in tallow (carried out just yards from where Davis was arrested, and ignored by the police) must also be prosecuted. He also felt that having a betting book in one’s possession was not the same thing as organizing illegal gambling and he clearly felt that the policeman had overstepped by searching a gentleman’s pockets on the street.

In the end alderman Hale agreed that while the officer was within his rights to attempt to suppress the ‘evil’ of street gambling Abraham Davis had not been found to be doing anything illegal. Under the law he was innocent and so he discharged him. The law was, even at this level, supposed to be applied  fairly and it seems that this is what the officer had been doing. Had he brought in some working class men for illegal trading I wonder whether alderman Copeland would have tried to defend them as vociferously as he attempted to defend a ‘gentleman’?

[from The Morning Post, Friday, September 25, 1857]

‘A most mischievous piece of fun’: a lawyer gets his comeuppence.

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Richard Thursgill and his family were awakened by someone ringing violently on their doorbell.  It was about a quarter past one in then morning of the 18 September 1878 and, in that respectable part of Ludgate Hill alarms like this usually meant one thing: fire! Despite being ill the whole family rose from their beds and rushed downstairs.

There was no fire however, and no one to be seen in the street outside either. Then, around five minutes later PC Martin of the City force appeared at the door with a young man. He’d caught him hiding near by after watching him ringing on the bell pull. The pull itself was almost wrenched clean off, so violent had the man’s actions been. The PC wanted to see if Mr Thursgill wanted to press charges.

He did and so the case ended up before Sir Andrew Lusk at the Guildhall Police court. There the young man gave his name as Arthur Stapleton, a solicitor of 62 Bishopsgate Street-without. He denied the charge and his lawyer assured the magistrate that his client was a respectable young law graduate and not the sort of person to do such a thing.

Really, the magistrate asked? In his experience this sort of ‘abominable’ behavior – ringing people’s doorbells and worrying them into thinking a fire had broken out – was exactlythe sort of thing ‘young solicitors and students did for a “lark”.

He had no doubt Stapleton was ‘respectable’ (and did not need him to produce the character witnesses he promised to prove it), but the only question he was concerned with was identification. Could PC Martin be sure that it was this person that had caused the annoyance?

Quite sure the policeman replied, there was no one else in the vicinity at that time and he’d seen him do it. In that case Sir Andrew said, he had no choice. For his ‘most mischievous piece of fun’ young Stapleton would have to pay the princely sum of 20s. He would have charged him less had been less ‘respectable’, merely 10s, but under the circumstances he could well afford 20s.

Let’s pause for a moment to share our collective sorrow for a solicitor being overcharged…

[from The Standard, Wednesday, September 18, 1878]

A cowardly attack on the wrong victim

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Elizabeth Couldry was standing at her door in Sugarloaf Court in the City of London (which led into Leadenhall Street, above) watching a group of boys play. They were up to mischief – as small boys often are – and the object of their attention was another resident of the court, Catherine Branman.

Catherine was drunk and crying out that she’d lost a shilling, claiming someone had stolen it. She’d worked herself up into a rage and was carrying a large stick. One of the boys picked up a farthing from the dirt and gave it to her, telling her that was what she’d dropped. This only enraged her further and she started hitting out at the boys who scattered.

Another door had opened by now, and a woman on crutches appeared with an elderly man behind her.  He called to her to go home and be quiet but this only provoked Catherine to confront the pair. The invalid was Jane Barham and the old man was her father. Catherine told Mr Barham that if she had been a man she would have knocked his lights out. Jane told her to calm down and come inside for a moment.

Catherine did neither. Instead she lifted her stick and smashed it down on the poor woman’s head.

Jane was rushed to the infirmary at Bow workhouse where she was treated for serious wounds to her head. It was serious enough to keep her in hospital for six days. In the meantime Catherine was arrested and the stick she’d used confiscated to be used in evidence. There must have been real concern that Jane might not recover.

Fortunately she did and on the 25 August she gave evidence before the Lord Mayor at mansion House, although she did so sitting down and with her head swathed in plaster and bandages. Catherine denied intent and said she was drunk at the time. She had been wound up by the little boys and had only struck Jane by accident. It was a risible excuse but the Lord Mayor was prepared to let her settle the matter with her victim. He gave leave for the two women to use the affidavit room to come to a financial settlement; if Catherine paid some compensation and the cost of the court case then the law need take no further action.

The women were soon back in court and Catherine was back in the dock. She’d pleaded poverty and so refused to pay anything (or anything of substance at least). As a result the Lord Mayor said he had no choice but to fine her 20which of course she couldn’t pay. The gaoler led her away to start a month’s prison sentence and Jane went home to complete her recovery in peace.

[from The Morning Post, Friday, August 26, 1859]