A cheeky fraud that reveals the deep roots of British industry

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Twining’s Bank, at 215 The Strand 

On 6 June 1870 Elizabeth Smith pleaded guilty at the Central Criminal Court to ‘feloniously forging and uttering’ a cheque for £120 with intend to defraud. She gave her age as 32 years and said she was unmarried: the judge respited her sentence. No reason is given for this but respites were commonly applied to women who were pregnant or in cases where the law was in some way in doubt.

Elizabeth had first appeared before the Lord Mayor at Mansion House on 22 April 1870 where this charge was laid. The prosecution was conducted by Mr Samuel Mullens on behalf of his client, the Banker’s Protection Association.

The victim (the bank) was Smith, Payne, and Smith of 1 Lombard Street, City of London and the cheque was drawn in the name of William Longman, the ‘well-known publisher’.

The Lord Mayor was told how the fraud was perpetrated. Smith (calling herself Mary Simson) had presented herself at Twining & Co.’s bank in the Strand and had handed over a letter of introduction. This was supposedly written by a Dr Charles Brooke of Fitzroy Square, and described Elizabeth as a ‘dear old friend of mine’.

Elizabeth explained that she would like to open an account and handed Mr Twining a cheque for £120 ‘purporting to be drawn by Mr Longman upon Messrs. Smith, Payne, and Smith’. ‘Mary’ had endorsed it with her own signature. She asked for some money there and then and she was given a chequebook from which she cashed a cheque for £50. The cashier (as was customary) made a record of the bank notes (five at £5 each) he issued. The balance was in sovereign coins.

The bank only realized something was wrong when Dr Brooke arrived later that day and told them the letter was a forgery and that he’d nothing to do with it or any ‘Mary Simpson’. Three days later the cashier that had served Elizabeth – Donald King – recognized her in Fleet Street. She’d just left a ‘refreshment house’ with another woman and King decided to follow them.

As they reached Temple Bar (pictured below in 1870) Elizabeth stopped and turned around. Was he following her, she asked?

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King admitted he was and said that she must now accompany him to Twining’s Bank or he would call a policeman to arrest her. After a brief hesitation she agreed and the pair returned to the Strand where Elizabeth was shown into a private room at the bank. Interviewed there she caved in and promised to return all the money if only they would ‘overlook the matter’. Mr Twining told he could not possibly do that and sent for the police. While they waited Elizabeth took out some papers and letters and tore them up.

As detective sergeant Hancock led her away Elizabeth denied forging the letter and told him she’d been forced to signed the cheque by someone else, but gave no name he could trace. At Bow Lane police station Elizabeth was searched (by a female searcher) and three of the £5 notes that Donald King had issued to her were discovered. In addition Mts Johnson (the searcher) found:

‘three sovereigns, a gold watch, chain, and three lockets, an opera glass, an eye-glass, a gentleman’s ring, a brooch, penknife, [and] three keys’.

It would seem that Elizabeth Smith was not only a fraudster and forger, she was a practiced ‘finger smith’ (pickpocket) as well.

In court at the mansion House Mr Longman appeared and said he knew Elizabeth and her family. She had written to him, he stated, in great distress and asking for money. He’d sent her a cheque for £5 but when she failed to acknowledge it he wrote again, complaining about her ingratitude. This prompted her to write back apologizing and making excuses, before asking for more money. Longman wrote to the local parish priest who was unable to verify the story Elizabeth told about her desperate situation. Nevertheless the publisher sent her another £5.

The Lord Mayor remanded her and we know of course that that remand eventually resulted in a trial at Old Bailey where, perhaps unsurprisingly given the evidence against her, she pleaded guilty.

Thomas Twining had opened a teashop – London’s first – on The Strand in 1706. It did well and the company braced out into banking in 1824. By 1835 banking was successful enough to warrant building a new property next to the teashop. Twining’s Bank lasted until 1892 when Richard and Herbert Twining sold it to Lloyds.

Smith, Payne, & Smiths bank had been established in 1758 as a collaboration between Abel Smith (a Nottingham banker) and John Payne, a London merchant and line draper, and chairman of the East India Company. The bank moved to new premises in Lombard Street in 1837, just two years after Twinings opened their new doors. In 1902 Smiths (which owned 5 family banks in the chain) merged with the Union Bank of London to form Union of London & Smiths Bank Ltd. This new bank lasted until the end of the First World War when it became the National Provident & Union Bank of England, eventually turning into first, the Westminster Bank (1968) and then the National Westminster Bank (Natwest) in 1970.

Thomas Longman founded his publishing house in Paternoster Row in 1724, buying a shop owned by William Taylor who had published Jonathan Swift’s Robinson Crusoe. The firm prospered through the eighteenth century and into the nineteenth, most famously publishing Maclaulay’s Lays of Ancient Romeand then his History of England(which sold in excess of 40,000 copies). Longman’s continued into the 1900s, survived a direct hit during the Blitz (which destroyed their premises and their stock), before Pearson bought it in 1968.

I suppose what this little story of fraud and forgery from 1870 reveals is the deep roots that some of our household names have, even if very many of them are now owned by global multinational companies. Elizabeth Smith, by contrast, leaves very little behind her, just one of many who came before the courts in the 1800s accused of stealing or defrauding those with much deeper pockets than she had.

[from The Morning Post, Thursday, 28 April 1870]

While Elizabeth Smith is hardly an unusual name for the Victorian (or any other) period there is another mention of someone with that name in the Digital Pantopticon for 1870. An Elizabeth Smith was tried at Clerkenwell (the quarter sessions for Middlesex) in October 1870 and sentenced to seven years. She was sent to Millbank Prison from where she was released, on license, on 19 May 1874. Did Elizabeth have a baby between June and October and find a home for it? Or was it taken away so the law could take its course?

Another dreadful attack on the police and an echo of PC Culley, the first officer to be killed ‘in the line of duty’.

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It was claimed last week (by the Daily Express) that assaults on the police had risen to ‘28 attacks a day on officers in crime epidemic’.1

With recent events in mind it is easy to suggest that our police men and women are at a greater risk of harm than ever before but as one independent fact checking organization has shown, it isn’t really possible to compare rates with those in recent years because reporting criteria has changed.

The reality is that from their very inception, in 1829, members of the public have subjected the police to attacks. It has not become then a dangerous occupation, it always has been. The first officer to die to be killed in the line of duty was PC Robert Culley. He signed up for Peel’s new force in September 1829, joining C Division. On 13 May 1833 he was part of a team sent into break up a demonstration of the National Union of the Working Classes (a group  of radicals demanding parliamentary reform). The gathering at Coldbath Fields in Clerkenwell descended into violence as the police moved in to disperse it and PC Culley was fatal wounded in the affray.

Hundreds of officers have died since Culley, with PC Andrew Harper being the most recent. Many thousands more have been injured and it is unlikely that we would ever have a true figure for this because statistics for common assault are notoriously unreliable. During the first 20-30 years of policing in England the police were deeply unpopular in working class areas. Seen as ‘class traitors’, and busybodies their use to suppress Chartism or demonstrations against the hated Poor Law won them few friends. Nor did their efforts to close down markets or stop street gambling endear them to working-class communities.

While they enjoyed gradual acceptance by the end of the century it would be fair to say that the public still saw the police as a ‘necessary evil’ rather than the ‘lovable bobby’ that 1950s and 60s television dramas like to depict.

In 1883 William Aldis was brought before the magistrate at Thames Police court in the East End of London. Aldis was a costermonger – a small trader who sold goods from a barrow. Costers were always being asked to ‘move along’ by the capital’s police and they resented these attempts to interfere with their traditional way of life. They saw the police as their enemies.

On the 2 August 1883 PC James Simpson (135K) was on duty just after midnight on Salmon’s Lane in Limehouse. He noticed Aldis and a group of ‘roughs’ standing outside the Copenhagen pub. They were drunk and rowdy, and making quite a noise so PC Simpson moved over to tell them to go home.

Aldis saw his opportunity to ‘serve out a policeman’ (as one coster had famously boasted to Henry Mayhew) and punched the officer in the face, blackening his eye, and sending him crashing to the pavement. The other roughs steamed in and rained down blows and kicks on the stricken policeman as he lay helpless on the ground. When they’d finished their work they ran off before help could arrive.

William Aldis was arrested later but it took a while for the case to come to court because PC Simpson was too sick to attend. Even two weeks later he was still unable to appear to give evidence in person. Evidence was obtained however, which satisfied Mr Lushington that the costermonger was to blame for the assault and he sentenced him to six months at hard labour.

So before we carried away in thinking that we have a ‘crime epidemic’ on our hands today and that something different is happening in society it is worth remembering again (as my blog yesterday argued) that violence towards the police and others is nothing new. That may not be very comforting but it is the reality.

[from The Illustrated Police News, Saturday, August 18, 1883]

From Kennington Common in 1848 to the People’s Vote in 2019; 171 years of democracy in action

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A nation divided against itself, unhappy with its political masters; tens of thousands of people marching though the capital with banners held aloft; a petition signed by thousands of ordinary people which the Prime Minster chooses to ignore. We’ve been here before haven’t we, in 1842 with Chartism. In May of that year a 100,000 people (Maybe 150,000) turned out to accompany a petition supporting the Charter on its way to Parliament. This was a ‘good-humoured and “teetotal”’ procession but later that year, and subsequently, things turned ugly as the Victorian state not only rejected the six demands of the people but deployed the police and military to guard against insurrection.1

By March 1848 Chartism was in decline but radical revolution was very much in the air in continental Europe. 1848 was the ‘year of revolutions’  and in March 1848 London witnessed large gatherings of Chartists in places with long histories of popular protest (like Clerkenwell and Bethnal Green) and a mass demonstration on Kennington Common later that spring, on 10 April. kenningtoncommon-standardThis drew another 150,000 people (right) but the authorities made sure it didn’t go anywhere: troops were stationed throughout the capital at hot spots and no one was allowed to cross the Thames to march on Parliament.

The Charter demanded the following reforms, all but one of which have been achieved today:

  1. Universal suffrage
  2. Abolition of property qualifications for members of parliament
  3. Annual parliamentary elections
  4. Equal representation
  5. Payment of members of parliament
  6. Vote by secret ballot

I doubt anyone (especially Brenda) wants to see annual general elections but in 1848 the government was not inclined to grant any of the Chartists’ demands. The 1832 Great Reform Act had extended the franchise to the middle class but the idea of making it universal was not properly contemplated until the 1860s when Disraeli took his ‘leap in the dark’ and enfranchised very many more working class men.

The 1848 petition was claimed to have 5m signatures but it reality it had fewer than 2m and some of these were faked (it was apparently signed very many times by Queen Victoria). This undermined the Chartists just as much as the violence that some Chartists deployed (in the Newport Rising of 1839 for example) hardened some hearts against them and divided the leadership.

Yesterday (23 March 2019), 171 years after 1848 something like a 1,000,000 people marched through central London and tried to squeeze into Parliament Square. There was no violence and it was all very good humoured.032319-london-brexit-march-01

The police presence on the ground was minimal (the police have other ways to watch crowds these days, evidenced by the helicopters that circled overhead and the ubiquitous CCTV). People came from all over Britain not just from ‘Remoaning’ London, and they brought their children and pets with them.

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There was a carnival, pro-European, feel to the march albeit with a lot of deep felt anger and frustration at the cavalier attitude of the ruling party (and indeed the opposition in Parliament). This was a protest with a very similar purpose to that of the Chartists in that both wanted to see a shift in power from the executive to the people, and both would argue that they were not being listened to.

The petition to revoke Article 50 had passed 4.5m signatures by teatime Saturday (as most of the marchers were making their way home) and the woman that had posted it was hiding in Cyprus after receiving death threats for having the audacity to call for a democratic vote by the people. Today the government doesn’t need to send in the troops to break up demonstrations or have the secret service infiltrate political groups, there are enough trolls and anti-democratic keyboard warriors to do their dirty work for them.

Everything we have achieved as a people in terms of winning concession from our royal or our political masters has been achieved through protest and campaigning. The rich and powerful did not (and will not) give up their privileges easily but we the people are many and they are few, and ultimately they recognize this and bow to pressure when they have to.

From the Peterloo massacre and the first mass movement for electoral reform, through the Chartists to the Suffragettes and beyond this country has a proud history of social protest aimed at holding our rulers to account. A lot has been said recently about what democracy is and what it means to be democratic. Understandably the present occupant of 10 Downing Street believes she is democratically obliged to deliver the will of the people as expressed in June 2016 in the referendum.

At what point however, did anyone sign up to a democracy in which we were are only asked for our opinion once?

1.Jerry White, London in the Nineteenth Century, (London, Jonathan Cape, 2007), p.365

‘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]

A ‘not so old’ septuagenarian defends his property

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Charles Wehrfritz was on his way back home from the pub after enjoying his ‘supper beer’ following a day’s work when he ran into his son and daughter in law. The pair lodged with him at his house at 109 New North Road,  Islington. Wehrfritz was an German immigrant who spoke passable English. He was also 73 years old, but ‘still vigorous’.

As he neared his home he saw two men trying to get in. He assumed they were after his other lodgers upstairs, so indicated they should go up and see if anyone was at home. Moments later the men came down and said no one was in, so he showed them to the door and let them out.

Charles was sitting down to take his supper when he heard a noise in the passage way. When his cry of ‘who’s there?’ went unanswered he opened his door and found the two men back in his house.

‘What do you want here?’ he demanded, and ‘how did you get back in?

‘We want your money, old man’, said the younger of the two men.

At this Charles lunged toward and tried to stab the robber with the knife he’d been using to eat his supper. He connected with the man’s chest but to no avail, the knife was totally blunt and didn’t penetrate the thief’s jacket. Instead Charles now suffered a fearsome attack, being thrown backwards by the man and hit on the head by the other one.

He was knocked senseless for a moment to two and came to in time to see the men ‘splitting open a door’ to gain entry. Now the younger man picked up a door mat and tried to stop the German’s mouth with it to prevent him raising the alarm. In the struggle that followed Charles was once again hit on the head, this time with something heavy, made of metal he thought.

He fell in and out of consciousness before he was finally able to cry ‘murder!’ and see the men run out of the property as fast as they could. The police were called and later picked up the men and took them to Clerkenwell police station. Having been patched up at hospital (his life being feared for) Charles was later able to identify the two robbers in a parade at the station.

William Smith (24 and a box maker), and Arthur Leslie (a 22 year-old clerk from Pentonville) denied all the charges against them when they were set in the dock at Worship Street Police Court a few days later. Nothing was missing from the house as Charles had effectively scared them off. His brave display could have ended his life the court was told, he had been lucky. Charles’ main objection however, was that he had been called old; at 73 he didn’t think he was ‘that old’. This must have amused the watching audience and the paper’s readers.

Detective inspector Morgan of G Division said Smith was well known at the station as a ‘suspicious person’ and they had bene watching him for some time. He was also on the radar of N Division, as Inspector Smith testified in court. The magistrate granted a request from the police to remand the men for further enquiries and they were taken away.

On the 23 February the robbers were back in court and fully committed for trial. Smith turned out to be the brother of one of Wehrfritz’s lodgers. At the County of London Sessions held at Clerkenwell on 7 March 1899, Smith and Leslie were convicted of breaking and entering the property and of ‘severely wounding’ Mr Wehrfritz. Leslie got 21 months in prison, Smith 18, and their victim was described as ‘making a plucky stand against his assailants’. I hope he pinned the cutting to his wall to remind him that he wasn’t ‘so old’ after all.

[from The Standard, Monday, February 20, 1899; Daily News , Wednesday, March 8, 1899]

The actress and her ‘lunatic’ husband

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Colney Hatch Lunatic Asylum in the late 1800s. Munster House was much smaller but I can’t find a surviving image of it.

The Victorian Police Courts acted as a place of public record in two key ways. First there was a formal method of recording the business that took place there (although sadly very few of these records survive). Secondly, the newspapers reported on what went on in court (even if this was partial and somewhat anecdotal). So if you wanted to make an announcement or a statement of fact relating to the law the police court was a good place to do it.This was clearly the intention of Mr W. Doveton Smyth, a solicitor, when he approached the bench at Westminster in late January 1888.

Mr D’Eyncourt gave Doveton Smith permission to make a statement in relation to a complaint that had come before the court on the previous day. That had been brought by a Mrs Lloyd, who was described as an actress. She had complained that following her marriage to Mr Lloyd he had been whisked away by his family and placed in a lunatic asylum for his own good. Mr Smyth had investigated the circumstances and had come to report on what had transpired since.

The background appears to have been that Mr Lloyd’s family did not approve of his choice of bride. Despite the fact that he was 30 years of age (and she was 25) and so capable of ‘knowing his own mind’ they had moved to separate the couple. The disapproval stemmed not from any difference in age but instead in class. The Lloyds were a wealthy and very respectable family, Mr Smyth explained, and the new Mrs Lloyd was an actress – something that at the time was not deemed to be ‘respectable’ at all.

The pair had married at St. Mary’s church, Clerkenwell on the 17 December 1887 and had known each other for at least two years. Mrs Lloyd had been married previously, to an army officer who had died. The widow was also the sister of a solicitor, a very respectable profession as Mr Smyth was keen to point out. Since all Police Magistrates were trained barristers at law Mr D’Eyncourt was hardly going to disagree with his analysis.

Following the wedding, Smyth continued,  the ‘bridegroom seems to have indulged heavily in stimulants, and he was brought to such a condition that it was thought desirable that he should be put in confinement for a short time’.

This sounds a bit like a modern celebrity checking himself into the Priory to detox but I don’t think Mr Lloyd was given a choice in the matter. Two weeks after the wedding he was taken to Munster House Lunatic Asylum in Fulham where he remained until Mr Smyth visited him the day before his appearance in Westminster Police Court. The solicitor said that he spoke with Mr Lloyd for about an hour:

‘I must say, sir, that he has entirely recovered; and I think that all parties admit that if he was insane, he is now perfectly sane. I am bound to say he appears to be treated with the utmost kindness and consideration: but naturally he is anxious to obtain his liberty’.

D’Eyncourt enquired if he was asking for any help from him that day.

‘No sir’, replied the solicitor. He had met with the Commissioners of Lunacy which oversaw the care of the mentally ill in Victorian asylums, and they had agreed to look at Mr Lloyd’s case forthwith. Had they not I suspect Mr Smyth would have asked the magistrate’s help in taking the case to a Judge in Chambers so a court order could be obtained to secure the man’s release.

Having made his statement Mr Smyth withdrew but was back a few hours later clutching a telegram. This was from the Commissioners to Mrs Lloyd and it confirmed that they had authorised the ‘complete discharge of her husband from the asylum’. So it seems that Mrs Lloyd’s determination to get her new husband out of an institution where his family had imprisoned him had borne fruit. He was to be freed and Mr Smyth saw this as a very ‘happy termination of the case’.

Mr D’Eyncourt seems less sanguine about it; ‘I hope so’ he concluded, perhaps suspecting that a family so determined to go to such lengths to thwart what they saw as a social climber marrying into their clan were unlikely to make life easy for the newlyweds. Time would tell and now the whole affair was in the public domain, and a good name dragged through the newspapers.

[from The Standard, Wednesday, January 25, 1888]

‘A gross outrage’ on a young woman reveals the commonplace nature of sexual harassment in London

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Farringdon station under construction in the 1860s

The news feed is still dominated by the Westminster ‘sex pest’ scandal with a growing list of male MPs having to deny, admit or explain their poor behaviour towards female colleagues in the palace or outside. What has emerged is that sexual harassment (from the relatively minor to the extremely serious) is endemic in British politics.

As I discussed last week the Victorians experienced this problem, especially when the new railways began to break down the barriers between the sexes (and classes).  The busy railway carriages of Victorian London provided men with an opportunity to get close to women in ways that were usually denied them. We have seen this replicated in the modern world with attacks on female commuters on the London Underground.

Of course sexual  harassment is not (and was not) confined to the tube or other forms of transport. The Westminster scandal is just the tip of the iceberg; the Harvey Weinstein and Kevin Spacey revelations have opened a can of worms in the movie and wider entertainment industry and I fully expect that over the course of the next year or so we are going to see more and more women come forward to complain that they have been assaulted at work or pressured into having unwanted sexual relations by men in positions of power.

This is because we don’t live in an equal society in terms of gender, despite the progress that has been made since the end of the last world war. There needs to be a reckoning and I rather suspect that it is just beginning. But let us return to the nineteenth century and to an incident that was reported, if not in great detail.

Miss Mary Ann Newell was ‘quietly walking along the street’ minding her own business one afternoon in November 1866. Mary Ann was quite close to her lodgings in Northampton Square, Clerkenwell (close to where the London Metropolitan Archives are located today) when a young man came up behind her.

Without warning or introduction he reached around her with his arms and ‘assaulted her in a  very indecent manner’. The newspaper report does not give any more details than this but I think it is quite clear that he must have touched her breasts. Such an action was of course as outrageous then as it would be today. Mary Ann escaped from his grasp and ran home where she told her landlord.

He set off in pursuit of the young man, capturing him a few streets away and taking him to a police station. The next day all three appeared at the Clerkenwell Police Court in front of Mr D’Eyncourt.

The young man, whose name was William Sparrow Cumber was just 16 years of age, and described as a bookbinder. Several of his friends appeared to give him a good character but the offence was proven against him. The magistrate made no comment that was recorded by the reporter but fined him the significant sum of £2 10(about £240 today). Mr D’Eyncourt warned him that if he failed to pay the money he would go to prison in the house of correction for a week at hard labour.

Did this represent ‘justice’ for Mary Ann or an effective deterrent to William and those inclined to behave similarly? I suppose the proof would in what happened next. If this served to let the young bookbinder know that he couldn’t treat women as objects, then a hefty fine (rather than gaol) allowed him to keep his job whilst being effective in protecting women locally. If his mates helped pay his fine and his ruffianism and day in court was considered a ‘badge of honour’ then more young women were likely to fall victim to similar assaults.

Given the deeply gendered nature of Victorian society and the generally subservient position of women in it, and the experience of modern women in a society which is supposedly so much more ‘enlightened’ where equality is concerned, I rather fear Mary Ann was forced to tread much more carefully when she left her home, with more than half an eye on who was behind her from then on.

[from The Morning Post, Wednesday, November 07, 1866]

A coster’s barrow stinks out the Guildhall

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Sometimes it is the banality of the Police courts that interests me. The magistrates that presided in London’s summary courts sent thousands of offenders up through the system  to face trials at Old Bailey or Clerkenwell where they were, if convicted by a jury, sentenced to transportation, imprisonment and even to death. Many more petty criminals, drunk and disorderly men and women, or anti-social juveniles were sent for spells of hard labour, expelled to a reformatory, or fined a few shillings or pounds.

The justices (the magistracy of London) had wide ranging powers which were hardly constrained by the right of appeal. Tremendous discretion rested with these men, all of whom had a legal background and many of whom served their communities for years.

One of the responsibilities they had was to keep to peace and another was to help regulate trade and maintain what we might term, health and safety. The metropolis had a infrastructure of inspectors and health officers but it fell to the magistrate to deal with those that broke the numerous rules that governed food sales and preparation or the maintenance of property.

In October 1889 Alfred Woodbridge was summoned to appear at the Guildhall Police Court before the alderman magistrate who presided there. Woodbridge was a costermonger, a trader who sold goods cheaply from a barrow. Costermongers didn’t enjoy a terribly respectable reputation and had frequent and endemic run-ins with the police who were forever moving them on from their pitches on the city’s streets.

Woodbridge wasn’t in trouble for obstructing the highway however; he had been brought on the instructions of the Commissioners of Sewers for having in his possession meat that  unfit for human consumption.

The coster had been spotted outside one of the City’s markets (either Smithfield, Fleet or Leadenhall – the report did not specify which) by a meat inspector named William Allen. Mr Allen told the court that he had discovered that Woodbridge had on his barrow:

’29 hams and eight pieces of pork, which were diseased and totally unfit for human food’. He seized them and took them to Dr Sedgewick Saunders – the Medical Officer of Health for the City of London – to be examined.  Dr Saunders confirmed the meat was bad saying that:

‘The odour from them was filthy, and they were quite black. It would have been a very serious result had they been eaten’.

Luckily they weren’t and so no harm had been done. Woodbridge made no attempt to deny the charge and he was fined £9 and 5s with a warning that if he could not find the money to pay he would go to prison for a month.

The magistrate then was enforcing the regulations that allowed trade to function across the City and at the same time protecting the public from unscrupulous traders. Whether Woodbridge learned his lesson and made sure his produce was safe in future is of course unknown. But a £9 fine was no small beer and we can be fairly sure that if he showed his face again in the area inspectors like Mr Allen would be quick to check his barrow.

[from The Standard, Friday, October 18, 1889]

A ‘notorious’ thief’s cross-examination skills backfire at the Guildhall

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Sir Robert Carden by ‘Spy’ (aka Leslie Ward) (Vanity Fair, December 1880)

In yesterday’s post I was able to show that a policeman who stayed in court (when all witnesses had been asked to leave) effectively undermined his own evidence and allowed a magistrate to exercise his discretion in a case he clearly felt slightly uncomfortable about. The newspaper reports of the London Police Courts, anecdotal as they undoubtedly are, can therefore be extremely useful to understanding how the summary process operated in the nineteenth-century capital.

This case, from the Guildhall Police Court in 1859, also reveals the nature of the hearing and, in particular, how the accused’s voice could be heard. In this instance the accused, a young man whom the papers certainly wanted to represent as a ‘bad character’, decided to act as his own defence counsel, cross examining the complainant in court.

As we will see, it probably wasn’t the wisest of strategies.

The complaint was brought by a ‘highly respectable young woman’ named Miss Martha Orange. The young lady in question was walking along Ludgate Street in the City at around 3 o’clock on Sunday afternoon when he realised that a young was at her side. He touched her on the shoulder and startled, she quickly crossed over the road to escape his attentions.

Very soon afterwards he was back and she realised she’d lost her purse. As she turned to confront him he ran off. Calling for others to help her catch him Miss Orange ran off after him. A few streets away he was captured by a policeman (PC Collins 337 City) in London House Yard and taken into custody. The lad had dumped the purse but it was found in the yard by a butcher’s son named Phillips Jeacocks, who handed it in.

The purse had contained quite a lot of money, which is why Miss Orange was aware it had been stolen from her. The prisoner, who gave his name as John Howard, now took it upon himself to challenge the woman’s testimony. In doing so he certainly asserted his rights but the nature of his line of questioning also suggests a familiarity with the legal system. I suspect that this familiarity exposed him as a ‘known’ offender, and he was later described as a member of a notorious local gang of thieves.

Howard started by asking the prosecutor if she had seen her purse in his hands. Miss Orange admitted that she hadn’t.

‘How do you know I took your purse?’ he enquired.

‘Because there was no one else near my pocket’ she replied.

He also cross-examined the butcher’s boy: ‘Will you swear I am the man?’ he demanded. ‘I am most sure you are’, said Phillip Jeacocks.

Having heard from the two principal witnesses the court now listened to the report of the police. Constable Haun (360 City police) declared that he was sure that the prisoner had previous convictions at Guildhall and Mansion House.

‘I was never at either place in my life’ Howard protested.

The arresting officer, PC Collins said he recognised him as someone who had escaped arrest after another man’s pocket had been picked. Now a Met policeman added that Howard belonged to a ‘notorious gang in Golden Lane’. Haun continued his evidence by telling the magistrate, Sir Robert Carden, that Howard had been imprisoned in Holloway and may well have been convicted at Old Bailey. Nowadays a prisoner’s previous convictions would not be revealed in court prior to conviction, but then again in the 1800s a person’s criminal record was not so easy to determine; these were the days before pretty nay kind of forensic science existed.

Unfortunately for Howard (if that was his name) even Sir Robert recognised him. Haun added that several of the lad’s ‘associates’ were in court that day, offering moral support to their chum. At this the magistrate warned the watching public to keep a close eye on their valuables, while he assured them he would make sure that Howard couldn’t pick any pockets for a couple of weeks at least.

This was because he intended to commit the lad for a jury trial where he might expect a severe custodial sentence. Howard twigged this and immediately put in a plea for justice to be served summarily: ‘I would rather you would deal with the case here sir’ he said.

Miss Orange had one last statement to make saying that at the police station Howard had admitted his crime and told her he was driven to it by his mother’s poverty and the need to look after her. He hoped she might forgive him and promised to mend his ways. His attempt to appeal to her good nature didn’t work but was overhead by PC Haun. Whether it was true or a lie he now denied it anyway, perhaps to avoid admitting guilt but maybe also to save face in front of his friends.

Sir Robert commended Miss Orange for the ‘coolness and courage’ she had displayed in apprehending and prosecuting the supposed thief. As for Howard, he turned to him and said: “I shall send you for trial, where you will have the opportunity of convincing a jury of your innocence’.

Howard did appear at the Old Bailey, on the 24 October 1859, indicted for stealing Miss Orange’s purse. Just as he had failed to undermine Miss Orange’s case at Guildhall Howard singularly failed to convince the jury of his innocence either. They found him guilty and when an officer from the Clerkenwell Sessions appeared to confirm that the prisoner had a previous conviction from August 1858 – for larceny for which he received a 12 months prison term) his goose was cooked. The judge at Old Bailey sent him into penal servitude for four years.

[from The Morning Post, Tuesday, September 27, 1859]