The police magistrate as a teaching tool

Today was the first time that I’ve used this blog in my own teaching. I’ve discussed it at conferences and with colleagues but thus far I hadn’t exposed undergraduates to it.

I am coming to the end of a 10 week module for third year undergraduates at Northampton University which explores the social and cultural history of late Victorian London. It takes the 1888 Jack the Ripper murders as it focal point and verse off to look at a variety of interconnecting themes.

So we start with London in the late nineteenth century (the ‘infernal wen’) as the capital of Empire and the expanding metropolis that seemed to many contemporaries to represent everything they feared about society in the later 1800s. Here was a huge urban area, densely packed with hundreds of thousands of people, many drawn from outside of London, living cheek by jowl, and struggling for air beneath the coal smog.

Here were colourful migrants and visitors from every corner of the Empire and the globe, bringing the riches of other lands along with their culture, language and radical politics. Tensions rose with unemployment – a new word in the 1880s – and competition for space. So we explore the themes of immigration and anti-alienism as well as poverty, charity, and housing reform.

We look at the Ripper murders and the impact they had; at the way the press manipulated the story and how this fitted with other contemporary concerns about violence, prostitution, immorality and the plight of the poor. Hopefully the module challenges some preconceptions about the Victorian age (and about who might have been the ‘Ripper’) and next week we are tackling the mythology associated with the case and its impact on history and Ripperology, head on.

This week I chose to concentrate on the notion that a criminal ‘class’ existed in the Victorian period. This is how contemporaries like Henry Mayhew and James Greenwood described the ‘underclass’ (the residuum); a class below the ‘respectable’ and ‘honest’ working class who were eulogised in Ford Maddox Brown’s painting ‘Work’. These were the Londoners who ‘will not work’ and earned their living instead by thievery and deception.

We discussed how this view was created by writers like Mayhew and Greenwood (and others0 and perpetuated by a media driven by a  mix of sensationalism and early investigative journalism. I asked them to search through this blog to see the ways in which I’d interpreted the newspapers that contributed to the rhetoric of criminality and got some others to mine the database of nineteenth-century newspapers to discover the reportage of the police courts for themselves.

It was interesting to see my own research reflected back at me, (and to have my typos pointed out!) and to hear their own interpretations of what they read and found. I’m trying to use more digital resources in teaching as I recognise that this is how this generation access historical material. Where I once spent hours, days and weeks hunched over dusty volumes in a archive, the next cohort of historians are turning to the computer screen to make their own discoveries.

There’s a instant quality to this method of data searching but it all still requires context: some of the things they found didn’t make sense to them – in places I was able to draw on what is now over three years of looking at the London Police courts to help them make sense of it. In the end I thought it was a useful expertise which I will repeat next year, and perhaps in the spring with my second years (who study a longer broader period of crime history).

A rabble rouser threatens the peace of the Lord Mayor’s Show

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Today it is the annual Lord Mayor’s show in the City of London. This event has been repeated at this time for hundreds of years and when I was a boy I always made a point of watching it on television, fascinated by the floats and military bands. The ceremonial point of the parade is to swear in the new Lord Mayor at the Royal Courts of Justice, but the ‘show’ is an opportunity to demonstrate the City’s wealth, power and diversity of talent to the nation as a whole. All the livery companies of the City take part and their floats and costumes often make links to the crafts they practice (tailors, grocers, ironmongers etc) or reflect a social or historical theme.

So today Peter Estlin will be sworn in as the 691stLord Mayor of London and head of the City’s Corporation. Amongst many roles the Mayor is appointed chief magistrate of the City and throughout the nineteenth century this meant that office holders routinely sat in judgment on offenders and others brought before them at the Mansion House Police court.

In 1892 one of the Lord Mayor’s fellow police court magistrates, Mr Mead, was the presiding justice at Thames Police court east of City the heart to London’s docklands. On day before that year’s Lord Mayor’s Show Daniel Keefe was put in the dock at Thames and accused of disorderly conduct and of inciting a crowd to disorder.

PC Isles had come across a gathering crowd outside the Sailor’s Home on Well Street. This establishment had been founded in 1828 on the site of an old theatre (the Brunswick) to help the plight of destitute seamen. A man had stood himself on a box so he could be seen and was addressing his audience.

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He was berating the authorities for allowing so many men to be unemployed and told them to boycott that year’s Lord Mayor’s Show in protest. Instead of waiving and cheering the mayor and his aldermen why not ‘test the right of free speech’ instead by demonstrating their discontent with the state of the economy that left so many people impoverished in the East End.

This was just three years after the Great Dock Strike that had seen working men flex their collective muscles and secure small but significant gains from the Dock companies. Throughout that dispute the police had been used to try and break up demonstrations and prevent secondary picketing. The magistracy had played their part too, in fining and imprisoning active participants whenever their saw a way to use the law to do so.

It was evident to PC Isles that regardless of the politics here that Keefe was in breach of the law. By calling a crowd together he was causing an obstruction to the footpath and, under the terms of the Police Code (1889), the officer was obliged to ask him to desist and to require the crowd to disperse. When Keefe refused he arrested him.

In court Mr Mead had little time for Keefe’s attempts to justify himself. Keefe said he had as much right to be on the street as anyone else and that he was hemmed in by the crowd and so couldn’t move when the constable had asked him to. He was ‘vindicating the rights of the unemployed’ (a term that only entered the Oxford Dictionary in 1888) and so his cause was noble. He had even started a ‘labour bureau’ to help men find work.

Mead was uninterested and chose to bind Keefe over in the sum of £5 (about £400 today) which he would forfeit if he broke the peace again within six months. He was, in effect, stopping any attempt by Keefe to ‘rabble rouse’ in the East End and issuing a warning to him and others not to disturb the annual pageantry in the City.

[from The Standard, Thursday, November 10, 1892]

The ‘tyranny of Trades unions’ causes a short sighted appointment.

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I was drawn to this headline in the Standard for late October 1897, which referred to a case before the magistrate at Worship Street in the East End of London. It concerned a glass beveller called Mr Bacon who had summoned his apprentice to appear in court.

In the course of my PhD research I found that London masters frequently brought their apprentices to court (or indeed were summoned by them to appear themselves) but at the Chamberlain’s not, not Mansion House or Guildhall. There all sorts of disputes were heard and resolved, usually touching on the disobedience of apprentices or failure of masters to teach their charges their arts.

Elsewhere in England disputes between masters and apprentices (and masters and servants) were often settled in front of a magistrate, and so this one was in line with what we know from previous research from an earlier period.

Mr Bacon had come to complain that his apprentice was entirely unfit to learn the trade of glass beveling because, to quote:

‘Apart from the apprentice being exceedingly troublesome and unruly’ […] ‘he was near-sighted, and consequently couldn’t be put to work the machinery or the larger tools, which were dangerous’.

Clearly then there was a problem but how was it that Bacon had just found this out Mr Corser (the sitting justice) wanted to know?

Well that was because of the unions the glass worker explained. In order to be allowed to start work in the shop the lad had to be formally apprenticed (in other words, to have his indentures signed). The unions refused to allow their men to work with non-indentured boys and threatened to go on strike if this was not complied with. Indeed they had already struck when an apprenticed  boy  had been set on one of the beveling machines.

So ‘the lad in this case was no good to him’ (and I suspect his attitude was something that Bacon was not prepared to cope with either). If he kept him on his poor sight would inevitably lead to accidents and he (Bacon) would be liable for compensation. As a result the magistrate had no choice but to cancel the youngster’s indentures and hope he found gainful employment somewhere else.

[from The Standard, Monday, October 25, 1897]

‘Nothing could be more disgraceful than for a man of your profession to be intoxicated’: An East End clergyman in disgrace.

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Drunkness (often combined with disorderly conduct or incapability) was the most common things for anyone to be prosecuted for at a Metropolitan Police court in the late 1800s. In the mornings (particularly Monday morning) the cells were full of recovering drunks, nursing sore heads and bumps and bruises from falling down in the street. The vast majority of these were fined and released with a flea in their ears from the magistrate, some (those who resisted arrest or had no money to pay a fine) were sent to prison for a few days or weeks. Overwhelmingly they were poor working class men and women.

Henry Hurgill was different.

Hurgil had been found drunk and incapable, lying on the pavement outside the Dog and Partridge pub in Bow Road. PC Robert Clarke (529K) had dragged him to his feet, ascertained that he was hardly able to stand and so had escorted him back to the station to sober up.

When he was presented at Thames Police court the magistrate asked him his profession.

‘I am a clergyman’, Hurgil told him.

‘In holy orders?

‘Yes sir’.

‘And found in this beastly condition, dead drunk?’ Mr Paget demanded.

‘It don’t often happen’, apologized the clergyman, but this only brought more opprobrium down on his shoulders.

‘Often happen, sir?’, the justice thundered. ‘It ought never to happen at all. Can anything be more disgraceful than a drunken clergyman?’

Hurgil tried to say that he only drank occasionally but clearly he was in denial; he was a regular drunk and Mr Paget was disgusted by him. ‘Nothing could be more disgraceful than for a man of the prisoner’s profession to be intoxicated’, he said, and he only wished he had the power to punish him more severely than the law allowed. But his hands were tied and he could only hand down the maximum fine of 5s.

Henry couldn’t pay this however, as he was a clergyman without a ‘duty’ at present. ‘Duty!’ spluttered the justice, ‘I should hope not’. The gaoler led his prisoner back to the cells to hope that his friends had a whip round to keep him out of prison where he was bound to go if the money could not be found.

[from The Illustrated Police News etc, Saturday, October 17, 1868]

‘What business do you have in kicking my boy and ill-using my wife?’ An Eastender’s challenge to a local bobby.

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Who’d be a policeman? Especially in mid Victorian London, and in the East End at that. There a policeman’s lot was most certainly not a happy one, as the song goes. In 1847 the Metropolitan Police had been established for less than 20 years and while they may have ridden out the crisis of the first decade, where allegations of corruption and drunkenness had meant that many of the early recruits had to be replaced, they were still very far from being popular or respected.

The working class resented them for interfering in their day-to-day lives and for being ‘class traitors’, while the middle classes were unhappy at having to pay for them and disliked being told what to do by an ‘inferior’. The upper classes had no more time for time for them either, having effectively lost the control they had over policing to the home office.

So pity poor PC Edward Jessop (215H) who had Thrawl Street as part of his beat in 1847. Thrawl Street was a very poor street in a very poor area, populated by the residents of low lodging houses who lived a precarious hand-by-mouth existence. Thrawl Street was to be home to several of the victims of Jack the Ripper in the 1880s but its reputation for poverty went back much longer than 1888.

On Sunday 10 October 1847 PC Jessop approached Thrawl Street proceeding as he was obliged to do, at a steady walking pace. It was half past eight in the evening and, as he later reported, he saw a group of young men playing a game of chance under a street lamp. He moved in to stop them (gambling was a misdemeanor and punishable by a fine) but as he did a lad scaled the lamp for the purpose, he believed, of turning it out and making it impossible for him to see what was going on.

He grabbed at the boy and pushed him away, the lad fell over and yelped. The gathered crowd let out a chorus of insults and threats, and suggested he might have killed the child. A man – who turned out to be the boy’s father – raced out of a nearby house and started hitting the constable, who did his best to resist. As he tried to arrest the man the boy’s mother appeared and now he was assailed on two fronts. Since she scratched his face he retaliated and hit her about the head with his truncheon.

That was the version of events that PC Jessop told the inspector back at the station when he and a colleague had managed to capture the father and mother and charge the former with assaulting a policeman. However, when the case came before Mr Hammile at Worship Street Police court an alternative story was laid out for public consumption. I doubt very much that 20 or 30 years later, when the police were more widely accepted (and the idea of the ‘criminal class’ had gained greater purchase in Victorian society) this would have played out in this way, so this case is interesting from a police history perspective.

Mr Hammile was told, by the defence’s solicitor (and this in itself is interesting because it suggests that a poor community had somehow clubbed together to defend one of its own) that the real villain was PC Jessop himself.

PC Jessop told the court that he was assailed by a crowd of up to 150 persons, many of whom were throwing stones and brickbats but he seemed to have escaped injury while the boy’s mother, Mrs Hurley had been left ‘bleeding in the arms of a neighbour’ and was still too weak to give evidence in court the next day.

Witnesses (several of them) testified that PC Jessop had been the aggressor. He had had seized the boy while he was playing with some others and had kicked him, knocked him to the floor and then hit him about the head with his open hand. This had brought Mrs Hurley out to remonstrate with the officer who had struck out at her in return. She was punched in the face, the justice was told, and later beaten with a truncheon. As she cried for help her husband arrived and demanded to know ‘what business [the constable] had to kick his boy and ill-use his wife’.

At that the policeman had attacked Patrick Hurley and the whole scene descended into a brawl. Hurley resisted arrest until another officer arrived and he went willingly with him but refused to be led by PC Jessop. A number of witnesses claimed the policeman was drunk and was staggering along his beat and leaning against the walls to steady himself. This was denied by PC Jessop and his inspector who said he was ‘perfectly sober’ and not one to take liquor. ‘He was a remarkably well-conducted young man’.

So now it was left to the magistrate to determine who was telling the truth and whom he should believe. In the end he sided with the Hurleys, which might seem surprising. He discharged Patrick Hurley on the grounds that he was provoked by PC Jessop’s attack on his son and wife. He instructed Inspector Ellis to report the matter to the police commissioners for them to investigate as they thought fit and gave Mrs Hurley leave to bring an assault charge against the constable if she wished.   PC Jessop wasn’t reprimanded but I doubt he would be so keen to return to Thrawl Street in a hurry.

By 1888 it was reported that streets like the nearby Dorset Street were so dangerous for the police that they would only patrol them in groups of four; I rather suspect that this would also apply to places like Flower & Dean and Thrawl Streets and policeman would have been more careful to at least be assured that a colleague was nearby.

[from The Morning Post, Tuesday, October 12, 1847]

A real life ‘Long Susan’ is booked at Marlborough Street

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In 1864 Parliament passed the first of three Contagious Diseases Acts (the others were enacted into law in 1866 and 1869). These were the result of a two year investigation into the causes and spread of sexually transmitted infections in the armed forces. In the aftermath of the Crimean War the British state had been shocked by the state of soldiers and sailors and the high levels of disease amongst them.

This prompted attempts to curb prostitution, or at least regulate the trade. The Contagious Diseases Acts (CDA) allowed local authorities to take women off the streets and forcibly examine them for signs that they were carrying an STI such as syphilis or gonorrhoea. The women could be kept in lock hospital for up to three months to ensure they were ‘clean’ before they were released. This was later extended to one year.

In effect then this amounted to medical imprisonment, without trial, for working class women who were deemed to be prostitutes (which in itself was not a crime). It was only applied in garrison and port towns and this, and the obvious fact that men were not forced to be examined and treated (although they were encouraged) meant the acts had limited effect.

The CDA were not applicable to London in 1864 and the capital was synonymous with vice and crime. Prostitution was a problem, particularly around the theatre district and Haymarket, where prostitutions mingled with respectable women in their attempts to attract business. Street prostitution was often tolerated by the police so long as it was not overt: operate quietly and you would be left alone – make yourself too visible (i.e being drunk and disorderly) and you could expect to be ‘pinched’.

A safer and more comfortable option was a brothel. Here a small group of women could ply their trade under one roof and be afforded some small protection from violence and police interference. Of course the police raided brothels but those in the West End, which catered for a higher class of client, were often protected and paid for that protection.

From time to time however, even these felt the touch of the long arm of the law. In October 1864 Anne Melville – a ‘stylishly dressed female’ – was brought before the sitting magistrate at Marlborough Street charged, on a warrant, with keeping a bawdy house (a brothel). The case was brought by the vestry of St Martin’s and conducted by a solicitor, Mr Robinson. Anne, who clearly had the funds, was defended by her own legal representative, Mr Abrams.

A policeman (Sergeant Appleton 26 C) gave evidence and the court quickly established that 32 Oxendon Street was indeed a brothel. The warrant against Anne had two other names on it and Mr Robinson explained to Mr Tyrwhitt that they had both been before the Sessions of the Peace the day before but Anne had been hard to find. In absentia the Sessions had decided that Anne also had a case to answer. He asked that the prisoner be sent directly to the Sessions to take her trial.

Mr Abrams objected to this course of action. He said the Sessions would be over by now and he asked for bail, saying there was no reason to suppose his client would not give herself up. The brothel was now closed up, he added. His intention was to keep Anne out of prison if he could possibly help it. The prosecution and police were unhappy with this suggestion: Anne had led Sergeant Appleton a merry dance thus far and they had no confidence that she would respect bail in the future.

Mr Tyrwhitt was persuaded by the defence however, although he opted to set bail at a very high amount. Anne was obliged to stand surety for herself at £80 and find tow others at £40 each. In total then her bail amounted to £160 or nearly £10,000 in today’s money. Prostitution at that level was evidently a lucrative business.

He also commended the vestrymen for pursuing a prosecution against one of the larger brothels and not simply concentrating on the ‘smaller ones’. I imagine he meant he was keen to see action being taken against the sort of premises often frequented by ‘gentlemen’ of the ‘better sort’ and not simply the rougher houses used by the working classes. At the quarter sessions Anne pleased guilty to keeping a brothel and was sentenced to six months at Westminster’s house of correction. She was 26 years of age and reminds me of Susan from the BBC’s Ripper Street.

The CDAs were finally repealed in 1886 after a long campaign by Josephine Butler and the Ladies National Association for the Repeal of the Contagious Diseases Acts . Butler’s campaign politicised hundreds of women and gave them an experience which they would later take into the long running battle for women’s suffrage. Meanwhile madams like Ann continued to run brothels which were periodically the  target of campaigns to close them down. Notably there was just such a campaign in the late 1880s which resulted in women being forced out of the relative safety of East End brothels and onto the streets, where ‘Jack the Ripper’ was waiting for them.

[from The Morning Post, Thursday, October 06, 1864]

 

The man who was flogging a dead horse

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I start teaching my third year module on London in the late nineteenth century, which looks at crime, popular culture and social history in the 1880s. It will be the 10th year since I devised this module and its run in 9 of those. Over the years it has evolved and I’ve developed the context and assessments but the focus remains the same: using the ‘Jack the Ripper’ murders of 1888 as a prism through which to explore a range of contemporary topics. It prompted my 2010 book (London’s Shadows) and my continuing interest in the ‘Ripper’ case.

While the Ripper case dominated ‘crime news’ in 1888 the police courts continued almost as if nothing was happening in the East End. The same range of petty thefts, domestic and public violence, fraudulent scams, drunks, disorderly prostitutes, and vagrants continued to be the stock of most lower court reports.

So take today in 1888 for example, the first case (from Bow Street) featured an elderly man who had tried to pass counterfeit currency in a central London pub. He was caught along with two accomplices and remanded in custody. Over at Westminster Police court two newspaper sellers were prosecuted for robbing a man in the street. Francis Hoare (a pub landlord on a visit to the capital) had fallen over in the street.  William Turner and Edward Lynch rushed to help but then used that as cover to lift his pocket watch; both men were ‘known’ to the police and the magistrate remanded them for further enquires.

Across the river Thames at Greenwich Police court Thomas Pettitt was accused of mistreating a horse. Mr Sheil was told that Pettitt, a potato dealer, had been working a horse that was clearly ill. The case was brought by an officer of the RSPCA who testified that the beast was ‘suffering from several sores and partly fractured fetlocks’.

Pettitt’s poor defence was that he had only taken up dealing in potatoes recently; he was previously a draper, and didn’t understand horses. Mr Shiel countered that excuse with:

‘any fool must have known the horse was not fit for work’.

He added – the RSPCA’s officer – that in future individuals shouldn’t be summoned but instead they should be arrested and the animal impounded so a magistrate could look at it and come to an opinion about its state of health. That, he said, was ‘better than the evidence of the whole College of Veterinary Surgeons’ (which I doubt went down well with that august body of men).

Any inspection of the horse was now impossible as Pettitt told Mr Sheil he thought it was dead. The magistrate fined him £3 with 2s costs and gave him a week to find the money or he would send him to prison for a fortnight. London was served by thousands of horses in the Victorian period, and very many of them were simply worked till they dropped.

At that point their masters called for a horse slaughterer to dispatch them and this usually meant someone from the firm of Harrison & Barber, who held a virtual monopoly in the capital. Not surprisingly, as men used to cutting up animals, some of the first people the police questioned in the aftermath of Polly Nichol’s murder in August 1888 were slaughterer’s from the nearby Barber’s yard.

[from The Morning Post, Friday, October 05, 1888