What does ‘drunk and incapable’ actually mean?

For the next few days I am taking a short holiday from writing this blog so I thought that I might revisit some of the ‘highlights’ of the past few years, especially as more recent readers might not have seen them. So for today, Friday, Saturday and Sunday, there will be a series of ‘repeats’ : the most viewed posts from 2016-18.

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[NB this is not Sarah but a 16 year-old girl from a 1893 book of police mugshots depicting Dundee citizens banned from drinking houses]

In mid June 1877 PC Savage was called to the Two Brewers pub in Clapham, south London, to deal with a drunken woman. Sarah Weller was very drunk and the landlord had described as being ‘riotous’ and had refused to serve her any more alcohol.

Savage helped Sarah from the pub but she soon fell over and so he arrested her and took her back to the police station. When she came up at Wandsworth Police Court she was charged with being ‘drunk and incapable’. This puzzled the magistrate, Mr Briggs; ‘he did not know why the word “incapable” was put in, as it was not an offence’.

The constable’s inspector now appeared and stated that it was the old form of charge and they still used it. Mr Bridge restated his view that it was no crime to be incapable and Sarah’s defence lawyer insisted her behaviour was due to an illness. The justice agreed, suggesting that perhaps Savage had mistaken hysteria for drunkenness and so Sarah should be discharged.

Under the terms of the Intoxication Act it was reasonable to take individuals into custody for their own safety and then let them go once they had sobered up.In some cases a summons might be appropriate but not all. Mr Briggs therefore released Sarah but accepted that the police were not to blame for interpreting the law as they had.

I can’t find the specific act that Briggs was referring to but it is interesting that law, in essence, doesn’t seem to have changed much. It’s not a crime to be drunk; it is what you do that matters. So disorderly or riotous behaviour can be penalised. Today police are obliged to arrest drunk and incapable persons for their own safety and safety seems to be paramount. These people will be released when sober unless they have previously been arrested for the same offence or they are acting in a  disorderly manner, then they might well face a charge and a magistrate’s court appearance, like Sarah.

[from Daily News, Monday, July 9, 1877]

A cab driver hits rock bottom as he plunges into the Thames’ polluted waters.

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Constable William Hanson (103F) was on duty on Waterloo Bridge when a hansom cab pulled up. Nothing unusual in that of course but what followed was.

The driver leapt down from the cab, rushed to the side of the bridge and then, before PC Hanson could react, threw himself over the side. The officer shouted for help as he heard the splash, and charged down the steps to the riverside.

Charles Field’s life must have swirled around him as he plunged into the Thames’ murky waters and poisonous waters. In July and August of that year the pollution in the Thames, always bad, had reached new heights, as raw sewage emptied into the river in unprecedented quantities bring death and disease in its wake. The ‘Great Stink’ closed Parliament and forced the authorities to take action. Eventually new sewers were designed and built and a monument to their creators, Charles Bazalgette, can still be seen on London’s Embankment.

This was all in the future as Charles Field struggled and sank through the filthy waters. Twice he touched the riverbed before rough hands lifted him clear and into a boat. A waterman had been passing under the bridge at just the right moment, heard the splash, and pulled his oars hard to reach the drowning man.

Between them the waterman and the policeman managed to save the cab driver’s life and PC Hanson helped him to Charing Cross Hospital where he remained for the best part of two weeks as he recovered.

Attempting suicide was a crime however, and so, on the 2 November 1858, Charles Field was set in the dock at Bow Street and formally charged. Having heard the circumstances Mr Jardine, London’s most senior magistrate,  asked him to explain himself.

Field was full of regret for his actions and said he never intended to ‘destroy himself’.  For weeks he had suffered with ‘rheumatic gout’ and that had affected his ability to work. Since he couldn’t take his cab out his family suffered, and his wife was ‘afflicted with paralysis’ so she was unable to help either.

It was desperate but with no social security or health service to fall back on there was little Charles could do but carry on. The 50 year-old cut a sad figure in the dock, looking ‘extremely ill’ and clearly at his wits end. He said that on the day he jumped he had finally managed to go out in the cab, things looked like they might start to improve at last.

But then disaster struck. He was so far behind with his rent that his landlord turned them all out on the street and seized his furniture and effects. His brother gave them a room but he had no money for food. Field went out with his cab but had a ‘bad day’, took little money and found himself on Waterloo Bridge facing the prospect of going home empty handed.

Which is why something broke inside him and he decided to take his own life.

The magistrate turned to the police constable and asked him whether all of this was true. It was, PC Hanson confirmed. He had made enquiries and discovered that the defendant’s wife and children were ‘actually starving’. Given this, and Field’s very obvious remorse, Mr Jardine said he would not punish him. He reprimanded him, reminding the cab driver that suicide was a crime as well as a sin, but discharged him. He ordered that Charles Field be given 10s from the poor box ‘for his present relief’ and told him to ‘call again’ if he needed further help.

Charles Field was a working man; he’d probably been a cab driver for many years. Tough work, driving a cab in all weathers, rarely having a day off, putting up with abuse from customers and other road users. His wife was sick, his children hungry, he had a mountain of responsibilities and no means of support. He got no sick leave, no holiday pay, no unemployment benefit if he couldn’t work, no means to get credit to pay his bills. Like many poor Victorian Londoners when the fragile house of cards he had built came tumbling down he and his family were tipped into poverty.

This is why we have a system to help those that need it. Whether it be medical care that is free at the point of need, or state benefits for periods of unemployment or when work is short. This doesn’t always help of course: those working in the so-called ‘gig economy’ are rarely guaranteed pay and self-employed men like Charles Field still suffer by comparison to those of us that enjoy the benefits of sick pay and annual leave allowances.

That is why the rights of workers matter so much, and why our modern British social security system should be a source of pride, not something for politicians and wealthy press barons to sneer at and undermine.

[from The Morning Post, Wednesday, November 03, 1858]

A paedophile walks free, despite the evidence against him

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On 27 October 1863 a ‘well-dressed’ man, who gave his name as Thomas Martin, appeared in the dock at Southwark Police court accused of molesting a child. Well that is how I think we would see the case today but in 1863 the law was a little different.

For a start the age of consent was 13. It was not raised to 16 until 1885 following a long campaign and a sensational intervention by the editor of the Pall Mall Gazette, William Stead. Stead had run a weeklong exposé of the trafficking of underage girls for prostitution under the headline ‘The Maiden Tribute of Modern Babylon’. While Stead ended up going to prison for his part in the ‘kidnapping’ of Eliza Armstrong the scandal of the case helped force Parliament to pass legislation which has existed to this day.

The complaint against Thomas Martin was brought by a spirited young girl called Martha Wells. Martha was aged between 12 and 13 and described by the newspaper writer as ‘rather precocious looking’. This was probably an attempt to undermine her testimony; the hack was perhaps suggesting that she was bringing a spurious complaint against a social superior. The girl could certainly expect to be closely examined by the magistrate, Mr Combe, no concessions being made to her age or her gender.

Martha said that she had left her father’s house in Southwark to visit her uncle in Greenwich. A man had ‘annoyed’ her on the train to Greenwich but she did her best to ignore him. In court she wasn’t sure that it was Martin but he looked familiar.

After she arrived at her uncle’s shop (he was a fruiterer) she noticed a man outside peering in through the window. He was looking directly at her and indicted she should come out to talk to him. That man was Martin and she ignored his request.

At eight in the evening she left her uncle’s and made her way back to the station for the train home. As she walked Martin accosted her. She told him to go away but he followed her. She boarded the train and he entered the same carriage and sat next to her. Martha again tried ignoring him and steadfastly looked out of the window as the train made its way to London.

Now Martin had her close to him he made his assault. He put his hand on her leg and then slipped it up her skirts. The magistrate wanted to know if anyone else was in the carriage who might be able to confirm this.

‘Yes, sir’, Martha told him. ‘I think a lady and a gentleman. I was, however, ashamed to speak to them’.

She had at least one ally in court who was able to testify to Martin’s behavior. PC Alfred White (427P) was on duty on Southwark High Street that evening. When Martha left the train Martin again pursued her and the policeman saw him tap the girl on the back and then lift her skirts.

That was enough evidence for Mr Combe. He committed Martin for trial but agreed to bail, taking two sureties of £100 and one from Martin (for £200). The battle would now be to actually bring the man before a jury when the girl’s father might have preferred to take a cash settlement and avoid his daughter’s reputation being dragged through the courts.

Martin was brought to the Surrey sessions of the peace in mid November, surrendering to his bail. The case against him was outlined and his brief did his best to undermine Martha and the policeman’s evidence. The jury was told that Martin could not have been the man that hassled and insulted Martha on the train to Greenwich or outside her uncle’s shop as he was at work in the City until 5 o’clock. Moreover if he had assaulted her on the rain as she’d suggested why hadn’t she alerted the other passengers or the guard?

PC White reiterated the evidence he’d given at the Police Court hearing adding that when he had arrested Martin the man had attempted to bribe him. ‘For God’s sake let us compromise this affair’, he said; ‘if £50 will do it?’. The officer had been in plain clothes having been on duty at the Crystal palace during the day. Whether this hurt his credibility or not is unclear but the jury close not to believe him.

In the end the jurors acquitted Thomas Martin of the charge of indecent assault and he walked free from court with the applause of his friends being hurriedly suppressed by the court’s officers. It was a victory for middle-class respectability over a ‘precocious’ working-class girl who travelled third class on the railway. The jurors saw themselves in Martin’s situation rather than seeing their daughter in Martha’s.

[from The Morning Post, Wednesday, October 28, 1863; The Standard, Tuesday, November 17, 1863]

Jack the Ripper appears in court at last

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In late October 1888 a man appeared in court at the Guildhall after admitting to multiple murders. The fact that the magistrate let him go probably tells us quite a bit about the furor that surrounded the so-called ‘Jack the Ripper’ killings that autumn.

By the time Benjamin Graham was brought up before the alderman justice for the second time the unknown killer had struck at least four times and maybe more. Graham had admitted to the crimes and had been escorted to Snow Hill police station by a concerned member of the public. His confessor reported that he’d declared that:

‘he was the murderer of the women in Whitechapel, and that he supposed he must suffer for it with a bit of rope’.

At his first summary hearing he was remanded in custody so enquiries could be made into his mental health. Graham had been examined and the chief clerk at the Guildhall, Mr Saville, now furnished the magistrate with his report. According to the medical man there was nothing wrong with Graham’s mind except that he ‘suffered from excessive drinking’. He was hardly alone in that in late nineteenth-century London, but not all of the capitals inebriates were running off their mouths claiming to be Jack the Ripper.

The alderman was furious, even more so because he really couldn’t see what crime Graham had committed. He told him he would gladly give ‘some punishment for his behaviour, which gave the police no end of trouble’. But since he could not (perhaps at this time there was no such offence as ‘wasting police time”) he simply discharged him with a flea in his ear.

With all the false leads and spurious letters and notes that the police had to take seriously, the last thing they needed was an idiot like Benjamin Graham.

[from The Standard, Friday, October 26, 1888]

Drew’s new book (co-authored by Andy Wise) is published by Amberley Books. It is a new study of the Whitechapel murders of 1888 which offers up a new suspect, links the ‘Jack the Ripper’ killings to the unsolved ‘Thames Torso’ crimes, and provides the reader with important contextual history of Victorian London. The book is available on Amazon

 

A very ordinary homicide in the extraordinary ‘autumn of terror’

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We have spent the past few days in Whitechapel, looking at the cases selected for reporting at Worship Street Police court before Mr Montagu Williams. On Tuesday there was an illegal boxing match, yesterday an example of an over officious vestryman being brought to book. Today’s case received far fewer column inches but was much more serious than either, because it involved a homicide.

In the autumn of 1888 murder was on everybody’s mind; an unknown assassin had already struck several times in the district and the police were no nearer to catching him. ‘Jack the Ripper’ would kill again that year but for the time being the streets of Whitechapel were relatively quiet.

Serial and stranger murder – the sort the ‘Ripper’ indulged in was (and is) relatively rare. It was (and is) much more common for homicide victims to know their killer. This was the case with Mrs Roberts (we don’t know her first name) who died on the 18 October 1888.

She lived were her husband Joseph, a boot fitter, at Essex Place on the Hackney Road and the pair had a tempestuous relationship. On the 8 October she was drunk and so was Joe and the couple had a furious row in front of one of their children. The little girl told Mr Williams that she’d seen her mother aim a blow at her father as they quarreled in the street. Joe had fallen backwards but regained his feet and retaliated.

The boot fitter, much stronger and heavier than his wife, struck her hard on the head. She fell down senseless and never made a full recovery, dying ten days later. Other witnesses testified that there ‘was an utter absence of intentional violence’. Moreover, the medical evidence suggested that she had died from peritonitis, so not something directly related to the fight that the victim had started herself.

Joseph Roberts was discharged but told he would have to face trial on the coroner’s warrant. On 22 October Joe stood trial at the Old Bailey but since the prosecution offered no evidence against him he walked away a free man. He’d not meant to kill his wife and quite probably he regretted it but his actions would now mean his daughter and her siblings would be without a mother. Sadly, this was an all too familiar story in the Victorian capital.

[from The Standard, Wednesday, October 24, 1888]

Pay your bills young man, or face the consequences!

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On Saturday 8 October 1853 Henry Julian, a young ‘gentleman’, took delivery a new suit of clothes. He had ordered a week earlier, from Thomas Dando’s tailor’s shop close to the Blackfriars Road.  He was quite specific in his instructions; the suit was to be in black as he needed to go to a funeral.

As soon as Dando’s shop lad arrived at Julian’s home on Stamford Street he handed the bundle over and waited while his customer tried them on. Julian came down dressed in his new suit and immediately declared that he was unhappy. They weren’t to his satisfaction and so he wouldn’t be paying Dando’s bill, which was £5 8s (or around £450 today).

In that case, the boy said, he would have to take them back as his master had told him not to leave the goods without receiving full payment. Julian again refused. He needed the suit as the funeral was that day. He instructed the lad to return to Dando and tell him he’d pay the bill within six months; like many middle class and wealthier people in the 1800s he was demanding credit.

Having said his piece he placed a hat on his head, escorted the young lad off his property, and set off for the funeral, closely followed by the boy. The route Julian took went directly past Dando’s shop on Charlotte Street, off Blackfriars Road.

Thomans Dando saw him coming and his lad behind and perceived something was wrong. He stepped out and pulled the young man into his shop and demanded to know what was going on. Julian repeated his desire to enter into a credit arrangement and again refused to pay cash there and then.

Dando was furious and seizing his customer by the collar marched him to the nearest constable, demanding he be arrested for fraud. The local police duly obliged and later that day he was set in the dock at Southwark Police court where Mr Combe remanded him in custody. He was taken down to the cells, his new suit swapped for prison clothes and he was left to reflect on his actions for a few days.

On the 11thhe was back in court, wearing his prison outfit and facing Mr. Combe’s interrogation.

Having been reapprised of the details of the case the magistrate was told that Dando no longer wished to press charges. He’d got his property back and as far as he was concerned that was that. Mr Combe now told the prisoner that he was free to go but warned him that he might not be so lucky next time. However, he would have to return the prison clothes he was wearing and, since he could hardly walk naked through the streets, the gaoler would accompany him back to his home at 110 Stamford Street to affect the exchange.

One can imagine the shame he now experienced; walking through the streets of Southwark, dressed in prison garb, like a penitent in sackcloth, while all his neighbours watched. The message to the reading public was clear: settle your bills, especially if you shop at Thomas Dando’s!

[from The Morning Post, Wednesday, October 12, 1853]

A drunken German attracts the attention of police hunting Jack the Ripper

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Given the prevailing climate of fear that gripped the East End in the autumn of 1888 it is hardly surprising that Charles Ludwig found himself in court. He’d been in custody for two weeks by the time he was reexamined before Mr Saunders at the Thames Police court on the morning of the 2 October. This was just a day after news broke about the discovery of the bodies of two more victims of ‘Jack the Ripper’ and this effectively exonerated Ludwig of any connection to the murder series.

He was in custody because he was accused of threatening two people with a large knife whilst he was drunk. Mrs Elizabeth Burns had been confronted by Ludwig near the Minories on the outskirts of the City of London. When she saw the knife in his hand she screamed and two policemen came running up.

Elizabeth was so scared by the incident she quite forgot to tell constable John Johnson (366 City Police) that the man had got a  knife. PC Johnson said he been alerted to Elizabeth’s screams of ‘murder!’ as he perambulated his beat on the Minories. The sound came from a nearby alley that led to some railway arches, well known as ‘a dangerous locality’, he told the court. He found the woman but it was only after he had escorted her to the end of his beat that she mentioned that the strange man who had confronted her had ‘pulled a big knife out’.

‘Why didn’t you tell me that at the time?’ PC Johnson asked her.

‘I was too much frightened’, Elizabeth replied.

The copper raced off to see if he could find the man but he’d long gone. He gave a description to other officers he found but it was  a constable from K Division (PC 221K) that eventually made an arrest. He was called to a disturbance at a coffee stall on the Whitechapel Road. A drunken German (Ludwig) was remonstrating with the coffee stall owner who had refused to serve him.

Another customer, Alexander Finlay, was stood nearby and perhaps said something which brought him to Ludwig’s attention. Turning round Ludwig growled at him: ‘What are you looking at?’ and pulled out a long bladed knife which he threatened Finlay with. When the policeman arrived he took the ‘excited’ man into custody and since then they had been investigating his circumstances.

They may have thought he was the ‘Ripper’ or simply believed he was a possible suspect. He was potentially dangerous at least, so he was remanded in custody, being brought before the magistrate on a number of occasions. Now Inspector Pimley of H Division told Mr Saunders that Ludwig had ‘fully accounted for his whereabouts on the nights of the recent murders’ (meaning those of Polly Nichols and Annie Chapman presumably) and so all that rested against him was the charge of threatening behavior.

Ludwig was clearly guilty of that charge but since he’d already served two weeks in gaol the magistrate told him he was now free to go. Ludwig was just one of many men arrested on suspicion of being the Whitechapel murderer. In those months, when tensions were so high, the police and public were seeing killers in every dark corner of the East End and immigrants like Ludwig were top of the list of possible suspects.

In reality it is much more likely that ‘Jack’ was part of the indigenous population of the capital, someone who didn’t attract the attention that a drunken knife-wielding foreigner might.

[from The Standard, Wednesday, October 03, 1888]

Drew’s new book (co-authored by Andy Wise) is published by Amberley Books. It is a new study of the Whitechapel murders of 1888 which offers up a new suspect, links the ‘Jack the Ripper’ killings to the unsolved ‘Thames Torso’ crimes, and provides the reader with important contextual history of Victorian London. The book is available on Amazon