‘He trampled on me, and I am suffering from pains all over’; a wife’s testimony sends her husband to gaol

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After yesterday’s light diversion into the music halls we return to the grim reality of the Metropolitan Police courts in the middle of the nineteenth century. Here we find Henry Kirby Turton stood in the dock at Lambeth Police court accused of a brutal attack on his common-law wife.

The case – which is typical of many others I’ve written about – was flagged by the newspaper reporter because the magistrate was empowered to act using recently passed legislation to protect women. Mr Elliot, presiding, took full advantage of this, and applied the maximum sentence.

In June 1853 parliament had passed an ‘Act for the better Prevention and Punishment of aggravated Assaults upon Women and Children’. This was directly concerned with attacks on females and on children under 14 and was aimed at punishing men that committed these sorts of domestic assaults.

The legislation allowed a Police Court magistrate (or two JPs sitting outside of the capital) to deal with aggravated assault summarily (i.e without sending it to jury trial) and this was much more likely to result in a conviction. It was also much easier for a wife to go before a magistrate than to have to cope with the expense and inconvenience of attending the sessions.

So this power was very new in July 1853 although I suspect magistrates had been exercising a similar power unofficially for some time. One of the realities of criminal justice history is that practice usually preceded policy changes, something I try to get my undergraduates to understand.

Elizabeth Lambert was in a dreadful state when she appeared at Lambeth to evidence against her partner.  Her face was:

‘one entire mass of swollen purple coloured flesh, presenting fearful proofs of the most savage ill-usage’.

Elizabeth said she had lived with Turton as his wife (although they’d never formally married) and he’d mistreated her for years, and had recently knocked out one of her teeth. On the previous Monday she’d come from work and he had attacked her. Without the ‘slightest provocation’ she said, Turton had ‘struck her with his clenched fist on her face, and knocked her down’. When she rose, he hit her again and again until she passed out.

‘Had he used anything but his fists?’ the magistrates wanted to know. At first she said he hadn’t but when prompted by Mr Elliot she testified that while she couldn’t recall him kicking her (which aggravated the assault) he ‘trampled on me, and I am suffering from pains all over me, as well as internally’.

The couple’s landlady appeared to support Elizabeth describing Monday’s attack as ‘wanton and brutal’. Finally the justice turned to Turton and asked him to explain himself. The man seemed surprised to find himself in court and tried to justify his actions. He had come home to an empty house, ‘without a fire, and neither dinner nor tea prepared for him’. In his mind then he was perfectly entitled to beat his wife for her neglect of her responsibilities.

Mr Elliot was disgusted by the man and said so. He then sent him to prison for six months at hard labour. Turton, ‘who seemed somewhat astonished at the sentence, was removed from the bar’ and taken to the cells to begin his imprisonment. Elizabeth would then had had six months of peace and perhaps an opportunity to find a better person to share her life with.

[From The Morning Post , Saturday, July 16, 1853]

A series of mini tragedies as Londoners welcome another summer

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Lambeth Bridge in the 1800s

The Standard‘s coverage of the Police Courts of the Metropolis at the engining of June make fairly grim reading. At Lambeth two brothers were arrested for being drunk and disorderly whilst daring each other to jump off Lambeth Bridge. When the case came to court their elderly mother revealed that the wife of one of them had died earlier week, having thrown herself off Shot Tower Wharf.

Suicide was the theme of the day it seems: along at Southwark in the Borough Isabella Soof (a 46 year-old married woman) was charged with attempting to end her own life. She had leapt into the river at London Bridge but a passing labourer heard her scream and dragged her out. As he pulled her to safety she said:

The grave is my home. I have no husband. Let me go and drown myself‘.

Her husband appeared in court and told Mr Slade he could think of no reason why she’d do such a thing. The magistrate, rather unsympathetically, sent her to prison for a week.

He was perhaps mindful that there was something of an epidemic of women trying to do away with themselves and was trying to issue a warning that the action was a crime that would be punished. Ellen Dalman (38) was also charged with attempting suicide. A policeman saw the book folder running down the stairs at London Bridge and intercepted her before she was able to plunge into the murky waters of the Thames.

Slade remanded her for a week so that enquiries could be made into her domestic circumstances and mental health.

At Wandsworth a former major in the army tried to avoid the disgrace of being arrested for drunk and disorderly behaviour by giving a false name. The justice – Mr Paget – saw through his subterfuge and fined him 10s for the drunkenness and gave him a dressing down for not admitting to who he really was.

Over at Bow Street (where the reporter offered a short recap of the cases there rather than any detail) another woman was prosecuted for attempting to drown herself; her mother promised she would ensure no further attempts were made and she was released. A clearly disturbed woman who’d smashed up the windows and property of a man she described as ‘disreputable’ was sent to a hospital instead of being imprisoned, showing some level of appreciation for her condition at least.

Finally a drunken man was prosecuted at Thames before Mr Saunders for beating up a young woman who was his neighbour and damaging property to the value of £4. She might have suffered a worse fate had not several locals ‘rushed in and released her’ from his clutches. The man, Michael Lynch, was sent to prison at hard labour for three months.

All of this was published in the Tuesday morning edition of the paper. The Standard was a daily paper with a morning and evening edition by the 1880s. It was broadly conservative in its outlook and reached an audience of over 200,000 by the turn of the 20th century. It has a long history, surviving into the 21st century under its current Russian owners and becoming a free paper for Londoners.

[from The Standard, Tuesday, June 03, 1879]

‘He said he would have her life, and break every bone in her body’.

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It took a lot for women to stand up to their husbands in the Victorian period. Theoretically the law protected victims of abuse but this often meant that violent men were fined, bound over to the keep the peace, or imprisoned if they beat their wives or partners. None of these options was ideal for the women involved; two of them directly impacted the family budget and the third was often deemed to be ineffectual. Poor Londoners believed that magistrates could enforce separation orders or sanction a divorce of sorts but this wasn’t in their power however much they might have liked to use it.

This didn’t stop women bringing their partners to court however and throughout the 1800s they came in their droves. One such woman was Mary Norris. Mary was a bricklayer’s wife living in the East End of London. She was probably in her late 30s (as her husband Henry was 40 in 1879) and she was regularly abused and beaten by him.

Women put up with a lot before they went to law. This was very much a last resort because taking your husband to court was a drastic move that often had unwanted consequences. Quite apart from the financial consequences of losing a breadwinner or incurring a fine, or the public shame of admitting that your marriage was in trouble, a woman could expect retribution from her partner immediately or soon after the return to the family home.

So Mary was not only desperate for the abuse to stop she was also brave. She explained to the Worship Street magistrate that Henry had come home on Monday night late from work, having been out drinking for several hours. As soon as he stepped through the door the abuse began.

‘he took up a knife and threatened to stab her; said he would have her life, and break every bone in her body’.

It was nothing new, she told Mr Newton (the magistrate), she

was dreadfully afraid of him doing her some violence, as he had repeatedly beaten and threatened her with the same knife. She went in bodily fear’ she added.

Other witnesses testified to Henry being drunk that night, and to his threats and an officer of the Associate Institute for Improving and Enforcing the Laws for the Protection of Women and Children appeared. Mr Moore stated that he believed Norris already carried a previous conviction for assaulting Mary. This is interesting because it tells us that there were organizations involved in prosecuting violent husbands and father at this time, charities that took on a role that is now performed by social services.

His evidence was confirmed by an officer at the court who said Norris had been up before the justice on four previous occasions, ‘three times sent to prison’, and once bound over. The message was clearly not getting through to him and Mary was still at risk. But there was little the magistrate could do. He ordered the bricklayer to find two sureties to ensure he kept the peace for three months (at £10 each) but Henry refused. He opted for prison and was taken away.

Mary’s best option was to leave him and get as far away as possible, but that was almost impossible. The law would only really act when things had gone too far. If Norris did his wife more serious harm – by wounding or killing her – then he would be locked up for a long time, for life or be executed. Not that those outcomes were likely to be of any use to Mary if she was dead.

[from The Morning Post , Friday, May 21, 1869]

Laudanum, primroses and mental health collide as the millennium approaches.

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Primrose Day, by Frank Bramley (1885) Tale Gallery, London

By late April 1899 the old queen was nearing the end of her long reign and Britain was just six months away from the debacle of the second South African (Boer) war. The birth of Duke Ellington (on the 29 April) is an indicator that the ‘modern’ age was just around the corner, and all the horror and cataclysm that accompanied the ‘Great War’ less than a generation away. Yet as the millennium approached London was still very much a Victorian city where people looked backwards as much as forwards, and where ‘respectability’ ‘character’ and social class remained as ingrained as they had been for the last 100 years.

The Police courts of the capital continued to deal with the dregs of society; with the petty thieves, wife abusers, and disorderly prostitutes. Here was also where the poor came for advice or charity, and it was where those that manifestly could not cope with life sometimes turned up.

Jannie McDonald was one of those that struggled with life at the end of the century. Just 18 years of age Jannie was a young woman living in Notting Hill Gate. On the 26 April a policeman was called to her lodgings in Silver Street where he found her collapsed on the floor. She was clutching an empty bottle of laudanum that she has swallowed in an attempt to end her life. When she recovered she admitted that she had tried to kill herself on account of the abuse she received from her husband. The couple had been married less than a year but she preferred death to the prospect of returning to him. In court at West London Police court she changed her story and said she had only taken the drug to ‘procure some sleep and to ease pain’. The magistrate remanded her so that further enquiries could be made into the state of her mental health.

Over at Westminster William Lewis was re-examined having been remanded just over a week earlier. He was accused of criminal damage; he had allegedly ‘damaged the floral decorations at the Beaconsfield statue on Primrose Day’. Until April of this year 2018 (when the statue of Milicent Fawcett was installed) there were several famous people commemorated in Parliament Square, all of them men, one of which was Benjamin Disraeli, the Earl of Beaconsfield.

Disraeli, always Victoria’s favourite prime minister, died on 19 April 1881 and his followers marked his passing each year on Primrose Day. Perhaps Lewis was not a fan or held some grudge against the politician who pioneered what we now call ‘One nation Conservatism’. Like Jannie however, William was suffering from some form of mental illness. In fact enquiries in his case revealed that he had ‘three times been confined in a lunatic asylum’ and was currently out on ‘probation’. This didn’t refer to probation as we understand it within the criminal justice system today, as the first Probation orders were not issued until after August 1907. A district reliving officer from Rickmansworth (where William ‘belonged’) now appeared and he was discharged into his custody to be taken ‘home’ and re-confined.

Both these cases reveal that this was a society that was actually quite similar to our own with people that simply couldn’t cope with day-to-day life for whatever reason. What is noticeably different, one hopes at least, is that today both of these individuals would get more support from the state and local authorities than they did in 1899 at the end of the Victorian period. This change was not about to happen in 1899 of course; it took two world wars to finally overhaul the nature of the British state and create a society, which valued all of its citizens at least a little more equally than it had before. Two wars and the extension of the franchise (something Disraeli experimented with to win greater support for the Conservative Party) led to the election of ‘socialist’ government and the creation of a welfare state that remains (for all its flaws) the envy of the world to this day.

[from The Standard , Friday, April 28, 1899

Much ado about nothing? Cheesy goings on at Smithfield at Easter

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Easter fell on the 1 April on only four occasions in the nineteenth century: 1804, 1866, 1877, and 1888. On Easter Sunday 1877 there were the usual series of reports from the Police Courts of the metropolis. There was ‘brutality’ at Lambeth as a 28 year-old labourer was charged and convicted of beating his wife; he went to prison for three months. At Hammersmith, in a report captioned ‘ruffianism’, John Slade was sent away for four months for assaulting a policeman in the course of his duty.

At Bow Street there was a most unpleasant accusation of child rape (under the title ‘alleged bestiality’), while at Clerkenwell a costermonger’s wife was in the dock for attacking her husband. But the case I’m going to recount today is a less unpleasant one; something cheery for this Easter Sunday for  change. And as it headed up all the reports on that day perhaps that was the intention of the editor of Reynold’s Newspaper, to bring a little ‘good news’ to his readers.

Under the title, ‘a singular charge of theft’, the paper described the appearance at the Guildhall Police Court of Ruth Thornton who was accused of stealing a cheese from a shop in the City.

The charge was brought by Charles Parsons, a butcher working at the London Central Meat Market (Smithfield). He told the magistrate, Mr Alderman Ellis, that at times he worked for Mr Turner who ran a cheese shop at number 254 in the market. He explained that:

‘it was their practice to have cheese exposed for sale in pieces on the shop-board, from which customers selected those they liked, and then took them into the shop to get weighed and then to pay for them’.

He said he saw Mrs Thornton pick up a cheese and walk into the crowded shop. There were lots of customers pressing to get to the counter to pay but Parsons was sure he saw the lady place the cheese in her basket then, as she got close to the counter, turn around and walk out without paying.

He followed quickly and stopped her, demanding to know what she had in her basket.

‘Why cheese, to be sure’, she replied.

Parsons then accused her of theft which she denied. She said she’d paid for it with half a crown and received one and half pence change. The cheese weighed 4lbs 2oz and was priced at six and half pence a pound. She was very precise about this but Parsons didn’t believe her and instead of taking her back to the shop to verify her version of events he handed her over to the first police constable her found.

The police called for Mr Turner to come to the station to give his account but he refused, saying he knew nothing of the affair. In court Mrs Thornton’s lawyer, a Mr Chapman, pressed the butcher as to whether Turner had said he didn’t know whether the cheese had been paid for or had said he couldn’t recall it being paid for. The defence was trying attempting (successfully it seems) to create some doubt about the butcher’s insistence that Ruth had not paid for the cheese in her basket.

The shop was busy, he explained, his client was adamant that she’d paid and her story was entirely consistent; to the butcher, the police and now here, in the Guildhall. Moreover she had been willing to go back to the shop with the assistant when he had stopped her but he had insisted on taking this to law.

Parsons had acted prematurely and had had a respectable woman taken into custody. Mrs Turner had given a correct address to the police (5 Charles Villas, Stratford). Moreover she had plenty of money on her that day (£1 13s 6d) so there was no reason for her to have stolen the cheese. Mr Ellis was of the opinion that there was insufficient evidence to convict the prisoner before him and so he discharged her.

His decision was ‘met with applause’. The only person unhappy about it was Parsons, who had to go back to his employer to break the bad news that first, he’d lost the case (and so if she had stolen the cheese, the value of it) and second (and worse) that Mr Turner’s good reputation had been a little tarnished in the process.

Happy Easter, Passover or Eostre to all of you.

[from Reynolds’s Newspaper, Sunday, April 1, 1877]

A distraught wife declares: ‘I intended to do for him, for his brutality and for leaving me’.

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A Southwark street in the 1890s

Serious violence such as attempted and actual murder was rarer in the nineteenth century than we might think from all the concentration of sensation literature and ‘murder news’ that has survived. Excellent work by Judith Flanders and Rosalind Crone has illuminated our understanding of the Victorians’ fascination with murder and gore but we shouldn’t conclude from this that homicides were an everyday occurrence.

Sadly, domestic and spousal violence was commonplace and the Police Courts were regularly witness to tales of wife beating as tensions in the home were brought into the public sphere. Magistrates tried to take a firm line with abusers but were often frustrated by the fact that survivors frequently refused to condemn their abusers in court; they were prepared to take them to law but not prosecute them fully, for fear of future retribution or losing the main breadwinner.

Nearly all of these victims were women but women did initiate violence sometimes and fight back when attacked. Men rarely prosecuted their wives however, because this would have suggested they had lost control of the household and that would have been a social catastrophe for their reputation.

So it is rare to see a woman in front of the courts for assaulting her husband or partner, unless there is a very clear and obvious reason, as there is with the case of Elizabeth Penning.

Elizabeth Penning had been living with John Walthe for several years. The couple weren’t married but lived as if they were. This sort of arrangement – normal today – was much more common than me might expect in the nineteenth century. Marriage was expensive and working class society did not demand that couples tied the knot officially, especially in large urban centres such as London.

It wasn’t a happy marriage however. John was having an affair and abused his wife. By his own admission he had ‘ill-treated [her] while he lived with her. He had broken three of her ribs, [and] struck her with a chopper, for which he had been punished’.

In late January 1860 he had been out drinking late and was on his way home. As he approached the Sir John Falstaff pub on Kent Street he noticed Elizabeth sitting on the step outside.

She challenged him, calling out: ‘What have you done with your woman?’

The pair rowed and John walked on. He hadn’t gone far when he heard female screams and rushed back and down Falstaff Yard, near the pub. There he found Elizabeth armed with a knife. She rushed at him and aimed  stab at his neck. The kitchen knife went in deep and blood flowed. John was taken to St Thomas’ Hospital and his life was in danger. He didn’t recover form his wounds for a month. Meanwhile Elizabeth was arrested while the courts waited to find out whether she would be charged with attempted or actual murder.

Fortunately for all concerned John survived and the case came initially before the Southwark Police Court magistrate, Mr Burcham in February.

Now that Waltin could give evidence more detail of what happened that night emerged. He’d not been alone when he passed Elizabeth at the pub. He’d had a woman on his arm and that was how the row had started. Elizabeth had threatened him and he’d dismissed this, telling her she ‘had not pluck to do it’.

PC 171M had been first on the scene, responding to the shouts from Falstaff Yard. He saw Elizabeth brandishing a bloodied kitchen knife and arrested her. She admitted stabbing her husband and said ‘she intended to do for him, for his brutality and for leaving her’. John was reluctant to testify against his wife, and admitted his own fault in the matter. Elizabeth said nothing before the justice, preferring to keep her defence for the jury trial that would inevitably follow.

The case did come before the Old Bailey and Elizabeth was convicted of wounding her partner. The trial unfolded with little more detail than we have from the pre-trial hearing. We do get to hear from Elizabeth however, who issued a written statement at the end of the case. This repeats some of the facts John admitted to at Southwark but adds considerably to a picture of his brutality and callous disregard for her. I’m not for a moment suggesting she was justified in stabbing him but it helps explain why she did so:

The prisoner put in a written defence, stating that she had lived with the prosecutor for seven years and suffered much ill treatment; that she had charged him at Southwark Police-court with cutting her head open with a chopper, for which he was imprisoned for three months; since when he has fractured three of her ribs, cut her eye open, and given her two severe wounds on the head with a pickaxe, which caused her at times not to know what the did or said; that he had kept her for three months without boots or shawl, so that she could not seek work, and got involved in debt, and that when she spoke to him about it he struck her; that she saw him on Saturday night with the woman in question, whom he told to give her a good hiding.

Having been found guilty Elizabeth was sentenced to six months imprisonment by the Common Sergeant.

[from The Standard, Monday, February 27, 1860]

This policeman’s lot is particularly unhappy at home.

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Yesterday we heard about a domestic abuse case from Holloway involving a bricklayer who set about his drunken wife with an iron poker. Today the roles are reversed as it is the woman who is in the dock accused of using violence against her husband. To add spice to this story of marital strife the victim was a policeman and his wife ended up in prison, which must have made life very uncomfortable for the remainder of their married life.

PC Arthur Moss, stationed at Forest Gate station in K Division, was at home at 7 o’clock in the evening of the 11 February 1891. His wife Elizabeth came home much the worse for drink and Arthur probably upbraided her for it. The couple had a number of small children and they witnessed and got involved in the fight that followed.

Presumably annoyed that her husband, the symbolic head of the house and ‘arm of the law’, had criticised her drinking (again) Elizabeth reacted violently. According to the report in the newspaper:

‘She picked up a full cup of tea and threw it over him, then hurled a saucer at his head. Going to the dresser, she hurled a dozen plates, one at a time, at him. One of them hit him on the side of his face, cutting his nose;  others struck him about the body’.

As she picked up a lamp to strike him with Arthur managed to grab her and wrestled her to the ground, and one of the children removed the weapon from her hands before she could do any more damage with it. Enraged by this Elizabeth contented herself with biting her spouse’s hand.

PC Moss reported the incident at Forest Gate to Inspector Death and Elizabeth was arrested and brought before the magistrate at Stratford Police Court. The bench were told that the inspector had visited and found that the children ‘were terrified’ by the experience. PC Moss testified that his wife was often drunk and had threatened to set light to his bed and to ‘kill you before the night is out’.

The policeman had sustained cuts and bruises as a result of the attack and Elizabeth had apparently threatened to harm the children if they did not come and speak up for her in court; Moss would ‘find them weltering in their blood’ she had warned him.

Elizabeth had little to say in her defence only stating that she ‘had had a lot of trouble recently’ as ‘her children were ill and the place in uproar’. Perhaps what she was intimating was that her husband wasn’t around much and she wasn’t coping very well. Policemen worked long hours and marriages were often strained. Not that this was an excuse for her drinking or for her violence and the bench was not inclined to be lenient.

Elizabeth was sent to prison at hard labour for a month, how this helped PC Moss is not very clear. Hopefully he had a sister or mother that could help out, otherwise he’d need a very considerate station sergeant. Going forward this not only affected the relationship between Arthur and Elizabeth, and their children; by challenging his authority and it being dragged through open court Arthur’s public reputation had been affected adversely. A man that could not control his wife was a lesser man in many people’s eyes in the Victorian period, for a policeman this must have been particularly hard to take.

[from The Standard , Monday, February 16, 1891]