‘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]

‘Orrible Murder! Read all about it! (but quietly please)

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At half-past 11 at night John Harris was attempting to sell copies of a local newspaper. There had been a murder in Notting Hill that had seized the attention of the reading public and, like any good salesman, Harris knew he had to capitalise while the news was ‘hot’. However, the area around Goldbourne Road was a quiet one and the vendor was disturbing the peace.

He was soon discovered by a policeman on his beat. He was shouting: ‘the dreadful murder at Notting Hill: verdict and sentence of the prisoner’ at the top of his voice. There were residents at their windows calling for the policeman to make him stop his racket. PC Gallagher approached him and when he refused to stop shouting (saying he ‘had to wake Notting Hill up to sell his papers’ ) he asked him for his name and address.

Harris replied: ‘Artful Bill, commonly known at the East End as the Scarlet Runner’.

This didn’t satisfy the constable who arrested him and took him back to the station. Having spent an uncomfortable night in the cells Harris was brought before Mr Paget at Hammersmith Police Court.

He was not a happy man. He ‘told the magistrate that he was traded worse than a felon, and locked up all night’. Mr Paget understood that he needed to sell his papers and accepted that some people might have liked to have read the breaking news, but…

it was ‘a great nuisance, particularly when the men [newspaper vendors I presume he meant] cried out all sorts of things that had not taken place’. Fake news in 1881?

Given that Harris had already been punished by being incarcerated in the local nick Mr Paget discharged him. Hopefully he found a different pitch to flog his news from in future.

The murder in question took place in May that year and in Goldbourne Road. Some of the occupants of number 48 were awaked by the smell of smoke and discovered the building was on fire. It seems to have been building of multiple occupation that opened on both Goldborne Road and Portobello Road. There was a shop on the Portobello side and the fire seems to have started there. Two people (William Nash and Annie Maria Weight) were charged with the murder of Elizabeth Clark who died in the fire, but it seems that several others were also consumed by the flames. The motive seems to have been insurance; Nash’s business (as a furniture dealer) was in trouble and he and his wife (the other accused – presumably not officially married so tried under her maiden name) may have set a fire to claim against their policy with the Yorkshire Fire Insurance Company (worth upwards of £120).

The jury acquitted Annie but found her husband guilty. They recommended him to mercy on the grounds that they didn’t believe he intended to cause death. That would have been small compensation to those that lost their lives, their loved ones or their homes. The judge sentenced Nash to death but he was later reprieved.

[from The Standard, Saturday, August 06, 1881]

Montagu Williams and the case of the stolen fur cloaks – not one of his greatest triumphs

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Montagu Williams, by ‘Spy’, Vanity Fair, (1879)

At the beginning of August 1876 Harriet Sutcliffe stood in the dock at Marylebone Police Court accused of stealing four expensive fur trimmed velvet cloaks. Harriet was a 52 year-old ‘wardrobe dealer’ and the cloaks she was supposed to have pinched belonged to Messers. Marshall & Snelgrove, silk mercers on Oxford Street.

The charge was a serious one and the complainants had deep pockets. To prosecute the theft they had hired Montagu Williams, a prominent barrister in his day. Williams would later (in 1886) become a Police Magistrate himself before taking silk two years afterwards. He died after a period of illness in 1892 but has left us his reminiscences in two volumes, one of which (Leaves of a Life, 1890) I picked up in a bookshop in Hay of Wye at the weekend.

In late 1876  Williams was hired to defend a nobleman, Count Henry de Tourville, who was accused of murdering his wife in Austria a year earlier. According to Williams’ story* the charge was that De Tourville had killed his wife Madeline ‘by pushing her over a precipice in the Stelvio Pass of the Austrian Tyrol’. The motive was deemed to be financial as the pair had only recently married and the former Mrs Miller owned a ‘considerable fortune’ estimated by Williams at over £65,000 (or around £3,000,000 today – worth killing for perhaps).

The tale reads like a Sherlock Holmes mystery but Williams doesn’t seem to have been able to affect matters. The count was presented at Bow Street before the magistrate Mr Vaughan who (having listened to a great deal of evidence that demonstrated that he certainly had a case to answer) committed him for trial. The count was extradited to Austria, tried and duly convicted of murder.

He was also accused of poisoning his first wife (with powdered glass in her coffee, something alluded to in Evelyn Waugh’s 1928 masterpiece Decline and Fall), attempting to burn down his own house with his only child in it, and, finally, with shooting his mother-in-law.  De Tourville was sentenced to death but reprieved on condition he spend the rest of his days ‘working as a slave in the [Austrian] salt mines’.

Given that Williams had such tales as this to regale his audience with it is hardly surprising he overlooked the case of a fifty-something second-hand clothes merchant accused of stealing items from a  major high street store.

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There were three lawyers in the Marylebone court that day, Williams (who had been instructed by Messrs. Humphreys and Morgan), Mr Beesley, who appeared for the defence, and Mr Grain who represented the interests of a mantle manufacturer named James Cruse. Cruse was the man who had made the cloaks (mantles) and so Grain was probably there to provide evidence on behalf of his client as to the value of the items.

The magistrate, Mr Mansfield, listened to the case presented by Williams and the defence offered by Beesley that the items had been legally acquired and that there was little chance that a jury would convict her of theft on what he had heard. The magistrate decided to send the case to the Central Criminal Court (the Old Bailey) but allowed bail for Mrs Sutcliffe which he set at £300 (plus two sureties of £150 each). Montage Williams advised the magistrate that a warrant had been issued to find the defendant’s husband who seems to have had something to do with the supposed theft; so far however, he was lying low.

I rather suspect the evidence was as weak as Mr Beesley adjudged it to be because despite a series of separate searches I can’t find the case in the Old Bailey. Maybe that is why Montagu Williams chose not to immortalise it in print.

[from The Morning Post, Wednesday, August 02, 1876]

*Montagu Williams, Leaves of a Life, (1890, 1899 edition) pp.208-212

A sad end for an unwanted baby: clubbed to death in a Southwark toilet

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In May 1848 a young woman presented herself at the door of Sarah Potter’s house in Jane Street, Southwark asking if she might take a room. She told her she was a ‘servant out of place’, temporarily she hoped, and that her name was Ann Brightwell.

Ann seemed like a ‘decent young woman’ so the mechanic’s wife took her in. About a month later however, Sarah began to have some suspicions about her new tenant and confronted her. Mrs Potter clearly thought that there was more to Ann’s story than she had revealed at first, and she ‘charged her with being enciente‘ (or in other words, pregnant).

For a servant to get pregnant in the 1800s was common but still unacceptable in the eyes of a disproving society. Ann’s plan was to hide herself away from the shame but despite her denials, Mrs Potter had found her out. Whether this changed her plans or not it is impossible to say. Ann might have intended to have the baby in her room in Southwark and then leave it at the workhouse door or try and raise it alone.

Perhaps then this discovery precipitated a terrible chain of events, or maybe the shock of being found out brought added stress which quickened her pregnancy. Either way things soon became much worse for the young servant.

On the 2 July Mrs Potter saw Ann leaving the ‘water-closet’ carrying an umbrella, ‘in a hurried state’. When Sarah investigated she was in no doubt that a new born baby had been  disposed of inside.

The police and a surgeon were summoned and Ann arrested. In the Southwark Police Court Dr Robert Tebbett deposed that in his opinion there was no doubt the child had been born alive. Mrs Potter told the magistrate that she had heard Ann admit that she ‘had destroyed her child by casting it into the water-closet, and striking it with the end of the umbrella’.

Ann denied all of the evidence brought against her, as well she might. She was being accused of infanticide, a crime that carried a capital charge until 1938. While women continued to sentenced to death throughout the later 1800s none were executed in London but Ann could not rely on that. The magistrate committed her for trial and at that point she disappears from the records.

[from The Morning Post, Friday, July 31, 1848]

The Mint’s finest foils a counterfeiting conspiracy

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James Brennan had been a detective in the Metropolitan Police (for G Division) but had left the force to join a specialist team at the Royal Mint. Their role was to actively pursue inquires and prosecutions against those involved in forging and distributing counterfeit currency.

In April 1860 Brennan and his team, acting on information received, visited the Penton Arms beer shop in Islington looking for suspected coiners. He saw his target, Harry Mason, talking with two or three others. Brennan went directly up to him and said:

‘Harry, I am instructed by the Mint authorities to take you into custody. You are suspected of dealing in counterfeit coin’.

With that he reached into Mason’s pocket and removed a small bag. Inside were ‘several little packets’ containing ’31 florins and 25 shilling piece, all of them counterfeit’. There was also a tobacco tun within which was a ‘good’ florin, evidently used to make the mould for the ‘bad’ ones.

The idea that people would bother to forge fake coins of such relatively small value might seem a risk not worth taking; much less obvious perhaps than counterfeiting a high denomination bank note. But look at what has just occurred in 21st century Britain? The Mint has just issued a brand new one pound coin, complete with all sorts of anti-forgery technology. Apparently 1 in 30 of the the old ‘Thatchers’ is fake, hence the desire to crate something that can’t be forged.

Back in Islington in 1860 Mason was bundled into a cab as a ‘mob’ was gathering and inspector Brennan presumably feared they might help him affect and escape. The Mint’s inspector took his prisoner to his last known address – 2 Pembroke Street, near Caledonian Road – where they found one of his known accomplices, Margaret Sawyer. Brennan told Mason that the Mint had been watching him for several weeks; this was a carefully conceived operation.

A search of the premises revealed plenty of evidence of coining: they found a mould in a cupboard, ‘two galvanic batteries fully charged, another mould, two or three cylinders, a number of bottles containing acid, and all the necessary implements for making and colouring counterfeit coin’.

Mason was, as they say, ‘bang to rights’.

Brennan took his charges before the Police Magistrate at Clerkenwell where it was revealed that Mason was a milkman by trade, and was well known to the police, having been charged and convicted of a felony more than once before. He tried of course to deny the charges, and said the florin in the tobacco tin was also ‘bad’; Margaret said she knew nothing about any of it and hoped the magistrate would discharged her.

He did nothing of the sort and remanded them both for a week, so the Mint’s solicitor could appear. Bail was refused.

The pair appeared at the Old Bailey just under  a month later to face their trial. Margaret Sawyer was acquitted as she’d hoped, Mason though was convicted. A century earlier, a little over 40 years even, he would have faced the gallows but by 1860 the death penalty had been abolished for all crimes except murder. Harry Mason was sent into penal servitude for 8 years.

[from The Morning Post, Monday, April 09, 1860]