‘It is really quite dreadful to see young children standing in the dock charged with drunkenness’. Two young girls are led astray

p00WS171

We might like to believe that children grow up faster these days or lose their innocence at an earlier age than they did in the past, but how true is this? There is a temptation to believe that everything was better in the past when prices were lower, the elderly were respected, and there was less crime. Often this mythical ‘golden age’ is associated with the 1950s the last decade before standards dropped as the ‘swinging sixties’ turned society upside down.

In reality of course the problems we face today are not really new ones just old ones in modern packaging. There were, for example, concerns about youth gangs in the Victorian period, and fears about the feckless nature of working-class youth go back to the end of the Napoleonic wars and beyond, as Geoffrey Pearson showed in his seminal study of youth crime Hooligans in 1983. So it is not at all surprising to find Lloyd’s Weekly Newspaper reporting on ‘rival gangs of roughs’ staging pitch battles in the capital in 1887.

Members of ‘gangs’ from Child’s Hill and Hendon fought with ‘lads’ from Maida Vale, Kilburn and Lisson Grove that autumn, arriving in ‘forces of 50 to 100, armed with sticks and belts’. According to the police ‘quite a riot followed’. Two of the combatants ended up before the magistrate at  Marylebone where they were charged with assault on a policeman that intervened in the battle. Edward Martell (17) was sent to gaol for 21 days and Arthur Hillman (19) for two weeks. But it was two other young people that caught my attention in the report of cases heard at Marylebone that week, Mary Ann Cook and Helen Cawthorn.

Mary was 12 and Helen 13 and they were brought in for being found drunk and incapable. The magistrate, Mr De Rutzen, was told that Mary Cook was lying in the gutter late on Sunday night when PC Miles (122S) discovered her as he patrolled Camden High Street. He picked her up and took her to the police station. Helen Cawthorn had already been taken to the Temperance Hospital on Hampstead Road and PC Sinclair (302S) had been called to collect her by officials there. Once they were both at the police station the desk sergeant sent for a doctor to examine the girls and he confirmed that they were both quite drunk.

In court the police deposed that enquiries were made and it had been discovered that the pair had ‘been with some ‘low rough boys’ from the neighbourhood and it was them that had led them astray and encouraged them to drink. They suspected that the boys had taken them to a public house but they couldn’t find out yet which one that was. Presumably they would have brought a prosecution against the landlord if they had.

Both girls’ parents were in court to speak up for their children. Mrs Cook said that her daughter had asked to go out to play on Sunday evening and she had allowed it. The first she heard of any trouble was when the police informed her that Mary was in custody. The mother was clearly shocked as she and her husband ‘were abstainers and encouraged their children in temperance principles’. Mr Cawthorn also said his daughter was usually very well behaved and that this was out of character.

The magistrate addressed the girls and said that ‘really quite dreadful to see two young children standing in the dock charged with drunkenness’. He accepted that the local boys had led them on but they should have known better than to go to a pub with them.  ‘It was the first step down hill’ he declared but fining them would do not good (since they’d have no money to pay)  and prison would ‘only make them worse’. So he discharged them into the care of their parents and hoped the disgrace of a court appearance would serve as sufficient warning for the future.

At this point a Mr Thompson steeped forward. He was a police court missionary, a member of a charitable organization that acted to help defendants if they promised to take the pledge and abstain from alcohol. He stated that it was his belief that both girls had once belonged to a Band of Hope, a temperance organization that had been established  mid century in Leeds. Children could join at the age of six and were taught to avoid the evils of drink. Thompson said he would try to get the pair reinstated in the group so they could be steered away from the dangerous path they had set themselves upon.

The police court missionaries started as an offshoot of the Temperance  movement but established themselves as an important part of the life of the police courts. They advised magistrates who came to trust them, especially where  (as was often the case) the offence the accused was up for involved drunkenness. In 1887 parliament passed the Probation of First Offenders Act which allowed a person charged on a first offence to be released without punishment if the court deemed it appropriate. There was no supervision order at first but this followed in subsequent legislation and eventfully, in 1907, the Probation service was created. Not only did probation offer the first real alternative to a custodial sentence it also signaled a new welfare approach to offenders, once aimed at helping them to reform rather than simply locking them up and hoping they learned the appropriate message.

It was an important breakthrough in offender management so it is deeply troubling that 112 years later probation has been allowed to fall into such a parlous state that the justice secretary has had to admit today that its experiment with part privatization has failed. David Gauke has effectively reversed the 2014 decision of one of his predecessors, the woefully incompetent Chris Graying, and returned the supervision of those on probation to public sector control. Grayling’s mistake has cost the taxpayer close to £500,000,000 and Dame Glenys Stacey (Chief probation inspector) said it was ‘irredeemably flawed’. It is not just the financial cost of course, Grayling’s bungling has had a negative effect on the lives of those realised into supervision and the general public who have suffered because of poor or insufficient supervision.

In May this year Grayling cancelled was forced to cancel ferry contracts he’d sanctioned to ‘ensure critical imports could reach the UK in the event of a no-deal Brexit’ costing us £50,000,000. He had already been forced to pay £33,000,000 in compensation for not including Eurotunnel in the bidding for the same contracts. £1,000,000 was paid to consultants in seeking to make a contract with a ferry company (Seaborne Freight) who had no ships.

Chris Grayling is still a minister in Her Majesty’s government.

[from Lloyd’s Weekly Newspaper, Sunday, September 25, 1887]

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

Dead bodies dumped in a rubbish tip and a pair of Yankee fraudsters escape justice: all in a day’s business for London’s magistracy

dance_hall_illustration_1050x700

A pair of interesting cases for you this morning both brought before magistrates in London but neither of which ended in a conviction for any crime. Once again this is useful reminder that histories of crime that concentrate on the higher, jury courts of England will inevitably miss those cases which were dismissed much earlier in the criminal justice process.

In May 1847 two well-dressed young men were placed in the dock at Marlborough Street and accused of stealing. Their victim was a young woman named Eliza Williams who claimed to have lost a gold watch and chain and her purse. The crime was pretty standard – pocket picking – but the circumstances made it a little more unusual and, therefore, newsworthy.

Eliza claimed that she had met Robert Brownrigg Tolfrey at a ‘dancing room’ in Great Windmill Street. He’d approached her and asked her to dance. He spoke with a soft American accent and she accepted. Despite being distracted by the music and his attentions she was still aware enough to feel a tug on her watch chain. The chain broke but she quickly rescued it and the watch and place dit safely (she thought) in her pocket.

The couple parted for the next dance and Eliza instinctively checked for her watch – it was gone, as was her purse! Looking around another dancer caught her attention and pointed out Tolfrey and said they’d seen the watch chain hanging out of his pocket as he strode away. Eliza confronted him and although he vigorously denied stealing her property she had him arrested.

In court at Marlborough Street Tolfrey and his friend Robert Berkely Reynolds protested their innocence. A witness for Eliza said he’d seen Tolfrey pass the watch and purse to another man, perhaps named Nicholls, but he couldn’t be sure. There was no real evidence against either man and in this sort of case it was unlikely that the justice would be able to do anything unless previous convictions against them could be shown that would sow doubt in the mid of a jury.

That is why the men’s landlady was called I think.

Mrs Green said the men rented rooms form her at Golden Square off James Street giving their name as Berkley and passing themselves off as brothers recently arrived from America. While they were staying with her tradesmen would arrive and leave goods which soon vanished, suggesting a scam of some sort was being orchestrated there. When Mrs Green asked them to pay their rent they simply walked off leaving ‘nothing behind them except a false spring beard and mustachios’. The pair were clearly up to no good but, on this charge of ‘privately stealing from the person’, Mr Bingham could see no evidence that would stick in court, so he released them.

At Westminster a more disturbing case was heard before Mr Broderip. One of B Division’s police inspectors (named Donegan) was in court to report that ‘considerable excitement’ had been caused amongst the public in Lillington Street when human remains were discovered in a rubbish heap. He’d been called to investigate and had found bones that appeared to belong to a ‘human foot and arm’.

‘There were other bones’, he said, ‘smaller and larger, more advancing to decay, and evidently belonging to other bodies’. He had them collected for examination he explained.

In answer to a question from the magistrate Donegan said he didn’t believe the bones were recent but agreed that they might well come from a nearby medical school. A number of admission cards  from King’s College Hospital had been found amongst the rubbish and this strongly suggested a connected. The bones were probably the remains of persons whose bodies had been used in the teaching of anatomy, as the cadavers of the poor had been used for that purpose since the passing of the Anatomy Act in 1832. The act was supposed to stop the practice of grave robbing which itself had been caused by the shortage of fresh specimens taken from the gallows.

Anatomy-Act-Rich-and-Poor

It was a grisly business and not one the authorities wanted to be given too much publicity. Once dissected the bodies of the poor were supposed to have been buried properly even if no headstone was set to commemorate them. The idea that they might end up in a communal rubbish tip was appalling and, as the magistrate termed it, ‘indecorous’. He instructed Donegan to call upon the board at King’s to make it clear to them that any future occurrences of this sort would not be tolerated.

According to the leading historian of the Anatomy Act of 1832 in the course of the Victorian period some 125,000 corpses were sold in the ‘anatomy trade’.1 Many of those leaving the bodies of their loved ones did so by placing them outside the doors of London’s main teaching hospitals (like King’s or St. Bart’s) knowing that they had no funds to bury them. I regularly visit the local cemetery close to my home, to pay my respects to my wife’s parents, and we usually pass by a solitary stone that commemorates the thousands of people who are buried within the grounds in unmarked graves, because their families could not afford to meet the costs of a funeral.

For every grave carefully tended or left to slowly degrade there are, in small and larger graveyards and cemeteries they length and breadth of the country, hundreds of thousands of burials which are left unmarked. Something to think about when next you visit one perhaps.

[from The Morning Chronicle, Tuesday, May 4, 1847]

1. Elizabeth Hurren, Dying for Victorian Medicine: English anatomy and its trade in the dead poor, c.1834-1929(Palgrave Macmillan, 2012)

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

‘Getting away with it’ in Victorian London: two cautionary tales from Marlborough Street Police court

2547721_1024x1024

Here are two theft charges, heard at the Marlborough Street Police court in 1889, neither of which resulted in convictions or further action. There must have been huge numbers of pre-trial hearings which were resolved at summary level and yet we have very few surviving documentation about this important tier of the criminal justice system. There are a handful of late nineteenth-century minute books for the Thames Police office, a few for Bow Street a little earlier, and then most of what survives is for the early twentieth century.

Which means, unfortunately, that historians of crime are perhaps overly reliant  on the reporting of the summary (magistrate) process by the Victorian press. I say ‘unfortunately’ because the newspapers were, understandably, selective. In each of the daily reports from Thames, Bow Street, Marylebone or the several other metropolitan police courts the editors pick one, perhaps two cases out of dozens that came before them. In a week a police court magistrate would hear hundreds of cases but only a dozen or fewer would be written up for the newspapers’ readership.

Historians of the eighteenth-century justice system are well aware that for some periods of the 1700s the publishers of the Old Bailey Proceedings (which recounted trials that took place at what was to become the Central Criminal Court) often omitted cases which ended in acquittal for fear of demonstrating to offenders that there were successful ways to avoid conviction. One of the purposes in reporting trials of criminals was show that crime did not pay so anything that suggested you could ‘get away with it’ was unhelpful at best.

So I wonder why these two cases were the ones chosen by the editor of the Standard newspaper in April 1889 to represent the business of the Marlborough Street court?

First Clara Newton was accused of stealing £3 and 3from a man she’d met in Oxford Street. Clara appeared in court dressed fashionably and wearing a red hat with a green feather. One imagines she cut quite a dash, and this might explain the reporter’s interest in her. She described herself as a barmaid, 21 years of age, who lived on the Euston Road. On April 22 1889 she met Captain Torry in the street and he invited her to have a drink with him.

The pair sat in a public house enjoying each other’s company until it was time to leave. Torry (rather ungallantly) ‘declined to see her home’ but did give her the money to take a cab. Now, I wonder whether he was hoping to extend the evening or perhaps even thought Clara was something other than a barmaid. Who knows?

She accepted his offer of a cab and asked to be shown to a waiting room where she could rest comfortably before the cab arrived. The captain told her where to go and was about to leave himself when she asked him to wait in the pub, presumably to ensure that she caught the cab safely. He agreed.

However, some moments afterwards he happened to ‘peep out of the bar door’ and saw her walking quickly away from the pub, and not towards the waiting room. Instinctively he checked his pockets and found his purse was missing. He grabbed his hat and followed afterwards, losing her briefly and having to ask a cab driver where she’d gone.

Torry caught up with her on Hanover Street and handed her over to the police. It was about 12 at night and the constable that took her into custody told Mr Hannay at Marlborough Street that she’d been searched at the station but the captain’s purse was not on her. She did have money – 2 sovereigns and 4s in silver to be exact – but none of the coins matched those that the captain thought he’d lost.

While there was a clear suspicion about Clara there was no real proof and so she was discharged. This result brought a smattering of applause from the court so either her friends were there to support her or the public felt that the captain was a ‘blackguard’ who had got what he deserved.

Next up was John Helmslie Hunt who was charged with trying to defraud a Piccadilly saddler named Garden. Hunt, using the name ‘Captain J.H. Hunt’ and giving an address in Wotton-under-Edge  (in Gloucestershire) had entered the saddler’s workshop in August 1888 and asked to purchase a holster flask. He was given the flask on credit since he appeared genuine and promised to pay the following day.

He never came back however. Not long afterwards inquiries made by Mr Garden ascertained that Hunt had pawned the flask on the Hampstead Road and had then disappeared. In fact he’d traveled to Canada where he’d stayed for several months before returning to London in the spring of 1889. In his absence a warrant had been issued for his arrest and in April the police caught up with him and thus he too was put in the dock before Mr Hannay on the same day as Clara.

It took a while for the magistrate to hear the case against Hunt but in the end he came to the conclusion that there was insufficient evidence to send him for trial. Quite simply he doubted whether a jury would convict him so there was no public interest in sending him to the ‘Bailey. He too was released.

Both cases were unusual or at least ‘interesting’ but both showed that con men and women could defraud the unwary or steal from the distracted. Perhaps that was why the editor of the Standard deemed them suitable material for his daily review of the business of the police courts: they were there to warn his readership to take more care of their property and not to be fooled by people who looked genuine but were anything but.

[from The Standard, Wednesday, April 24, 1889]

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

‘I shouldn’t have been here now, only I was dhrunk, yer Honour’.

oldlday

Although they feature relatively rarely in the written reports that were published in the newspapers the most common occupants of the Police court dock were those accused of being drunk. ‘Drunk and disorderly’ and ‘drunk and incapable’ were subtly different: the former meant that an offender had probably challenged a policeman’s direct order that they ‘go home quietly’ whilst the latter reflected the reality that they couldn’t.

Anne Murphy fell into the second category. She was found lying on her back in Cleveland Street, until to stand and seemingly having some sort of fit. The constable that discovered her helped her to her feet and walked her, with some difficulty, to the Middlesex Hospital in Mortimer Street, which was just nearby. After a quick examination to make sure she was medically fit and well she was released.

Anne was still far too drunk to walk far however and the police officer was obliged to fetch the station’s Bischoffsheim hand ambulance. He then wheeled her back there to spend a night sobering up in a cell. In the morning she was one of the many drunks that took their turn to be processed before the magistrate at Marlborough Street.

In her defense she told Mr Hannay that she was ‘subject to fits, yer honour’.

‘Drunken’ ones, the justice muttered under his breath. Anne’s hearing was good however, and she denied it.

‘Upon my word, I had none of the creature yesterday. I only had had a share of a pint and a half of four ale, and that was between my daughter, my daughter-in-law, another woman, myself, and a gipsy woman, and we were all sober as aldermen – Lord love ye’.

The court was laughing now, either at Anne’s performance or the idea that aldermen were sober. Mr Hannay spoke to the gaoler saying ‘I see she is not know’. The prisoner in the dock heard him and took offence:

‘Not known, indeed” Oh yes I am. I’ve been in one situation two years’. She meant she had a job, but Mr Hannay was establishing that she had not been in trouble with the law before. ‘I mean you are not known to the police’, he explained.

‘Certainly not, never; why, bless you, I’m a widder of the highest respectability’.

As the court collapsed in laughter the magistrate told her he would let off this time with a warning to behave herself in future, and keep off the drink.

‘I shouldn’t have been her now’, she replied, ‘only I was dhrunk, yer Honour’.

Anne then left the dock, curtsied to the bench and went home, her day in dock to no doubt be retold several times over several glasses of beer.

[from The Standard, Tuesday, March 03, 1891]

A teenager learns a hard life lesson

london.-blue-coat-school-caxton-street-sw1.-by-phyllis-dimond-1946-old-print-59099-p

The Blewcoat School in Caxton Street

William Gillman had managed to secure a solid position for himself at a merchant’s offices in Mansion House Street in the City. He was 16 years of age and had been educated at the Blewcoat School in Caxton Street. The charity school, established in 1688 and situated in Caxton Street from 1709, served to help poor boys and girls in ‘reading, writing, religion, and trades’. The education he received there allowed Gillman to work for Mr Charles Ede as a clerk.

It should have been the basis for a long and respectable career had young William taken his opportunity. Sadly, and as if so often the case, he didn’t appreciate at 16 just what his life could be if he knuckled down and worked at it; maturity comes to all of us at different stage of life after all.

William was entrusted with Mr Ede’s postage stamps, amongst which were a ‘certain number of foreign’ ones which were kept in a book. The book was in a box which was locked away at night but to which William had access during the day. So when Mr Ede noticed that the foreign (at a shilling value each) stamps were running out faster than normal his suspicions fell on the lad.

The merchant decided to set a trap for his young employee, marking some of the stamps so he’d be able to recognize them later. One day soon afterwards he called for a stamp but since no one answered him he went to fetch one himself.  When he opened the box he found there were no shilling stamps left so he called William over, gave him 10and sent him to the post office to get some more.

When the teenager returned and handed him the stamps Ede noticed that some of them bore the secret marks he’d inscribed on them. Clearly William had pocketed some of the money for himself and fobbed his master off with the stamps he’d previously stolen. The merchant confronted the boy and asked him if he stolen from him. At first William lied and said he was innocent but capitulated when his boss told him about the markings.

Mr Ede resolved to write to the boy’s father and have him dismissed from his service and taken home. That would have been the end of it (and reminds us that very many petty thefts like this would never have reached the courts) had not William tried to justify his actions. Theft was bad enough but to couple it with deception and a refusal to acknowledge one’s guilt was too much for the merchant who was determined that the boy needed to be taught a lesson.

On Monday 4 February 1861 William Gillman appeared before the Lord Mayor at Mansion House police court where he was formally charged with theft. He could have been sent to prison for his crime but neither the magistrate or Mr Ede wanted that. The boy’s father was present and was willing to take the lad back into his care so, after ‘a severe reprimand’ he was discharged.

Let’s hope he learned that hard life lesson and quickly moved on.

[from The Morning Chronicle, Tuesday, 5 February, 1861]

A self confessed murderer? A or a case for the asylum?

smugglers by g. morland

Smugglers, by G. Morland

Readers last week will hopefully remember that I left you on a cliffhanger as we waited to see what would happen to a man that confessed to a murder carried out 18 years previously. John Lane had walked into a police station and admitted having been involved in the murder of a coast guard at Eastbourne in 1832. The magistrate at Marylebone had remanded in custody for a week so S Division’s finest could see what information they could discover about Lane, his confession, and his mental state.

On Tuesday 22 January 1850 he was back in court before Mr Broughton and the newspaper reporter rehashed the story with a few additions. It seems that in 1842 Lane had traveled to Brighton to seek out Lt. Hall (the officer in charge of the investigation into the smuggling case he claimed to be involved in). He never found him and that was why he’d gone back to ground.

As he stood in the dock a second time to hear the details of the case restated Lane looked miserable. He ‘seemed in a very low and desponding state’ the report continued, ‘and the impression upon most of those in court was that his intellects were impaired’.

Two men from the customs appeared and asked lots of questions of Lane but he wasn’t able to provide them with kind of detail for the events he had originally described. They, and a religious man in attendance, (described as ‘a missionary’) were of the ‘opinion that the man was not sane’.

Mr Broughton concurred and said that given the rambling nature of his confession and the failure of anyone to reveal any details of this supposed crime there was ‘not the slightest chance of a conviction’ before a jury. He discharged John into the care of his wife, a laundress working from premises in Portland Grove. Hopefully she would be able to look after him but what he really needed was specialist mental health treatment and in 1850 that simply wasn’t available to the likes of him, unless he wanted to take his chances with the workhouse  or Bedlam.

[from The Morning Post, Wednesday, January 23, 1850]

A lucky escape (or just a delayed one?)

rsz_1410132261122cached

Catherine Johnson was a fortunate thief. Fortunate that is, because the mid nineteenth-century criminal justice system and police was unable to build a tight enough case to send her to trial.

In early January 1853 she was brought before the magistrates at Marlborough Street to be examined as a suspect in a series of jewel thefts in New Bond Street. She was remanded for further enquiry twice before finally being discharged for lack of evidence.

Catherine was initially charged as an accessory, the main culprit being her husband who had seemingly fled the country. Mr Johnson (no first name was given) was an American citizen and following a raid on Hunt & Roskell’s jewelers where items valued at £1,500 were stolen, he evaded the police search and escaped to France leaving Catherine to face the music.

The only evidence that the police had was that Johnson had pledged two rings at a pawnbrokers in Newington Causeway before he fled and that ‘some articles of jewelry resembling some of the stolen propriety’ had been seen in Catherine’s possession. Crucially however, nothing had been found on her by the police, so that evidence was, at best, circumstantial.

At the hearing on the 7 January Mr Bingham was told that no new evidence had emerged that would justify pursuing a case against Catherine for the theft.  Since Mr Hardwick had dealt with case initially he had asked his opinion but his fellow justice agreed that little could be done. The real villain was somewhere on the Continent by now and unlikely to return so, on this occasion, Catherine would walk free from court.

Neither Catherine  nor Johnson are unusual names for the mid 1800s but in 1853 a Catherine Johnson was sent to gaol for stealing a earthenware pint pot. Later, in 1855, a Catherine Donovan (alias Johnson) was sentenced to penal servitude for picking the pocket of a man and taking his watch. I wonder…

[from The Morning Post, Saturday, January 08, 1853]