Tag: fines

The Canine ‘Bon Ton’ cause an obstruction in Brunswick Square

In December 1832 two Italian street artists (or ‘strollers’), Bartalona Carstilina and Louiza Caraaro where charged with obstruction the passageway near Brunswick Square.

They had a small caravan ‘drawn my two foreign half-starved dogs’, an ‘indelicate-looking monkey’, many more dogs (one dressed up in military uniform, while others were dressed according to their gender, either in a motely collection of ‘muslin spangled dresses and fashionable bonnets’, complete with ‘busks so as to resemble ladies of ton’ [i.e fashionable  members of the Bon Ton] or as gentlemen ‘dandies’.

They must have made a memorable impression on anyone that witnessed i=the spectacle, no less so when they appeared together in the police court at Hatton Garden. PC Collins (from E Division) told the magistrates that he had heard the troupe before he saw them, the sounds of drum and trumpet accompanied by the ‘bellowing and laughter of a large crowd of persons’, had carried some distance and attracted his attention.

When he arrived at the scene the dogs were performing a dance (a ‘lively reel’ ) before being led through a series of exercises where they leapt over each other or jumped sticks held by the Italian couple. All of this watched over by the monkey who apparently acted as ‘master of ceremonies’.

There had been several complaints he deposed, from ‘gentlemen’ and mostly about the appearance of the monkey who was ‘horrible to look at’. The question of whether the dogs were being mistreated was not aired in court, presumably because no one was that bothered about ‘foreign’ animals, despite the obvious and parlous state of them.

As they spoke little or no English the accusations were put to the Italians via an interpreter who explained that the troupe had only just arrived in London from the Continent. The sitting justices discharged them on the grounds they back their bags and return directly to Italy, they were not wanted in London however entertaining their show might be to the many Londoners that had gathered to watch it. 

Had they remained, or indeed had they been resident in Britain they might have expected a fine for obstructing or ‘causing a crowd’ to gather. One presumes that was a risk they were prepared to take, street entertainers like themselves were well used to being moved on by the police and would have accepted the occasional fine as an occupational hazard that would be more than compensated by the money they earned passing round the hat during performances.

On this occasion however they promised to return to Italy forthwith, taking their colourful troupe with them.

[From Morning Post, Thursday 20 December 1832]

Inconsistency and the legacy of slavery as two assaults come before the courts

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Memorial to the Demerara slave rebellion of 1823, which commemorates the Guyanan resistance hero, Quamnina.

I suppose it is too much to ask for consistency from the criminal justice system when cases come in all sorts of shapes and sizes and the circumstances of each can be quite different. This is especially true when it concerns violence, specifically violence which fell under the very broad terms of ‘assault’ in the nineteenth century.

Assault was always a very fluid term in law, made clear in instructions to magistrates from Dalton to Burn from the 17th to the early 19th century. Even the advent a professional police and the creation of a Police Code book did little to cement a clear understanding of what assault really was. By the later 1800s there was at least distinction between ‘common’ and ‘aggravated’ assault, but the former definition was as vague as it had been in the 1700s:

‘A common assault is the beating, or it may be only the striking, or touching of a person’.

Police were advised not to arrest aggressors in these cases, ‘but leave the party injured to summons’ them. If actual violence was evident (wounds were obvious for example) the officer was obliged to take culprits into custody, even if they hadn’t seen the incident themselves.1

This allowed a lot of leeway and makes it quite hard for us, as historians, to compare assault cases. When we add to this the fact that most – almost all in reality – were prosecuted before the magistracy (where records are scant at best) we are at a severe disadvantage in understanding the contexts and causes of non-fatal violence in history. It makes it equally difficult to understand why some cases resulted in fines and others led to long prison sentences. It isn’t always as simple as looking at the level of violence used, as this pair of cases from 1843 illustrate.

Violence was often associated with drunkenness, and this took many forms. Mary Denyer was strolling along the Mile End Road, minding her own business one afternoon, when two young men approached her.

Thomas Webb and George Todd had been drinking, enjoying a holiday from work. They grabbed hold of Mary and ‘twirled her abou, but rather too vigourously. Perhaps this was ‘high jinks’, or two boorish young men behaving badly towards a vulnerable female that happened to cross their path.

Regardless of their motives – sinister, or simply crass and stupid – the young tailoress was pregnant and the shock and rough handling she received by being ‘twirled about’ caused her to faint to the pavement.

The men quickly ran off instead of helping her, not the best idea under the circumstances because they’d been seen by a policeman. The officer, having left Mary in the care of a passerby, set off in pursuit. The pals were quickly captured and when brought before the Thames magistrate, were very apologetic, but said they were  only having ‘a lark’. They were drunk, they’d seen a pretty girl and they’d had a dance with her. They didn’t intend to hurt her, and they had no idea she was with child.

None of this cut much ice with the magistrate, Mr Broderip. He condemned their behaviour and said they had committed a ‘gross outrage’ on the poor girl. As a result he fined them £5 each, money he almost certainly knew they didn’t have. That condemned them to spend the next two months in prison. 

I’ve no defence for Todd and Webb, they acted very badly and deserved punishment. But I am interested in justice Broderip’s seemingly inconsistent treatment of assault in his courtroom.

Broderip’s fury at the action of two ‘ruffians’ towards a pregnant women was not matched by his reaction to an assault on a sailor who complained at his court the following day.

Joseph Beale has signed up as an ordinary seaman on the Ludlow a merchant vessel sailing from Demerara (modern day Guyana) to London. On more than one occasion the captain, William Johnson, had abused Beale and accused him of failing to do his job properly.

There were two key incidents that Beale accused his master of:

beating him with a stick and punching him and smashing him in the face with a ‘spitting-box’ (a spittoon).

The violence he’d suffered was, by his own account, severe and certainly aggravated. It was also deliberate, related and sustained. Beale told Mr Broderip he had been struck more than a dozen times with a stick. Had he counted the blows he’d received the magistrate asked him Yes, the sailor replied, he had, or at least until he reached 12 when he stopped counting.

The captain was defended in court by Mr Price, a barrister who cross examined Beale and  discovered that the captain had also lowered his wages, on the grounds that he was only a ‘ordinary’ season not an ‘able’ one (as Beale had apparently claimed).

Beale said he’d never claimed any such thing but perhaps the damage was done and it certainly convinced the magistrate that the man was full of resentment towards his superior.

Broderip accepted that an assault had occurred but decided (with no corroborating evidence at all – indeed at least one crew mate corroborated Beale’s account) that Beale was exaggerating it. As a result the magistrate imposed a small fine and advised Captain Jonson to not ‘strike a man in the heat of passion’ in future or get involved in arguments with his crew on deck.

Compare this fine (10s) for actual and severe violence from a person in authority with the (relatively) minor assault that landed two working class men in gaol the day before.

There was another factor here though, Demerera had been a slave colony. In 1823 a rebellion of 10,000 slaves was crushed by the authorities and many of those accused of involvement were hanged. The revolt probably helped finally undermine slavery and the callous treatment of those involved and the horrors it exposed it undoubtedly ruled the abolition movement. In 1834 slavey was officially abolished in Demerera (under the terms of the 1834 abolition act), so just 9 years before this incident reached Broderip’s court.

We might note that while slavery was an abomination in many people’s eyes parliament still saw fit to compensate the plantain owners for the loss of their ‘property’. In Demerara this amounted to £4,297,117 10s. 6½d (or close to £300m in today’s money).

Joseph Beale was ‘a man of colour’, and so maybe one of those freed in 1843, or the son of freed slaves at least. So just perhaps, in the eyes of Mr Broderip, he was not worthy of more ‘justice’ in his courtroom, especially not when the subject of his complaint was a white man in a position of authority.

[From Morning Post, Wednesday 11 January 1843; The Standard, Thursday 12 January 1843]

  1. Sir Howard Vincent’s Police Code 1889 edited by Neil R A Bell and Adam Wood, (Mango Books, 2015), p. 25

Drew’s latest book, Murder Maps: Crime Scenes Revisited is available from all good bookshops (if you can find one open!) and online via various outlets: e.g Waterstones and Amazon

‘The only way we have of earning bread for our families is by selling fruit in the streets’: a costermonger’s lament

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This week, just ahead of the next round of marking that will fall due in mid July, I’ve managed to return to my current research project. Nether World is a study of late Victorian London through the lens of the Police Magistrate courts. Commissioned by Reaktion Books it will explore the rich culture of everyday life in the metropolis in the period c.1840-1900.

Today I have mostly been looking into the lives of costermongers, the people that sold fruit and veg and other ‘perishables’ from barrows. Increasingly their tradition of wheeling and then stationing their barrow on the street, so their customers could easily come and buy from them, came into conflict with property owners and local authorities who wanted to keep the thoroughfares of the city free and open to a growing commercial and private transport network.

From 1829 onwards the capital had a new weapon to use against this form of itinerant trading: the men of Peel’s Metropolitan Police. Given that the ‘New’ Police were tasked with patrolling the streets during the day (when the old watch had only done so at night) it was inevitable that they would quickly clash with these traditional street vendors.

Costermongers were fiercely independent, rebellious in their dress and outlook, and had little time for ‘middle class moralizing’ and attempts to suppress or restrict their way of life. As a result the police engaged in a long running battle to force them to conform to set pitches and markets rather than be allowed to trade where they liked. Using the wide-ranging powers given by the highways acts costers were constantly being asked to move along and were arrested or summoned to court if they refused.

This caused considerable resentment within the costermonger community and  it is hardly surprising that one trader admitted to Henry Mayhew (the celebrated journalist and social investigator) that it was considered legitimate to punch a policeman.

‘To serve out a policeman is the bravest act by which a coster-monger can distinguish himself. Some […] have been imprisoned upwards of a dozen times for this offense […]’, one explained.

Henry Mayhew, London Labour And The London Poor, (London, 1851),

In November 1858 Lloyd’s Newspaper reported the sitting magistrate at Clerkenwell was ‘engaged for some considerable time’ in processing the costermongers that the police had arrested on the preceding Saturday evening. No less than 17 costermongers had been brought before Mr Corrie. They had been locked up and their barrows and stock removed to the Green Yard.

One defendant had been locked up for 36 hours before being bailed at 11 in the morning. When he went to collect his barrow he was at first refused it and then later, when he returned, he found all his stock of apples had been carelessly thrown into a sack so that they were now bruised and unsalable. Another man, that sold fish, got out of lock-up to find is stock left in the yard without any care and so, similarly, spoiled and valueless.

‘Some of the defendants’, the paper reported, ‘remarked that the only way they had of earning bread for their families was by selling fruit in the streets’.

They were given little or no notice by the police to move along, and most times their barrows were ‘causing no obstruction’ and yet they were ‘treated and pushed about like felons’.  Despite having some sympathy for their situation the magistrate still found for the police and although he waived the fines for those locked up for hours, imposed a shilling fine on everyone else.

No wonder them that the costermongers of London viewed the capital’s police with contempt. In their eyes they were only trying to earn a living, which was being thwarted by the police who they must have seen as the friends of their rivals, the lower middle class grocers that had fixed places to sell their wares.

Nowadays of course we are used to the idea that most trade takes place in shops and while markets exist, these are mostly periodic not daily concerns. The modern retailer’s grumbles about the unrestricted and low-cost competition offered online might find an echo in the grumbles of costers forced off the streets by Victorian shopkeepers and their ‘friends’, the police.

[from Lloyd’s Illustrated Newspaper, Sunday 7 November 1858]

‘Oh nonsense, I scarcely touched you’: a gentle nudge out of the door

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It can’t have been much fun being a solicitor’s clerk in the Victorian period. In fact I doubt its that much fun now but at least you probably aren’t as exposed to causal violence as Albert Jones was in 1886.

He was sent out to serve a writ and demand for money on a publisher and arrived at Messrs Eyre Bros at 4 in the afternoon of the 18 October. The writ was made out against a Mr G Butcher and Albert duly served it at his office in Paternoster Square, close by St Paul’s Cathedral.

Mr Butcher was not amused. Having asked a series of questions about the writ (which seems to have been part of a long running legal dispute) he said:

‘Can you convey a message to Mr. Kelly?’

Albert replied that he could but said he had been instructed by his superior to tell Butcher that ‘if he had anything to say he had better see him in person’.

‘Does Mr. Kelly expect me to pay this?’ Butcher asked.

Having been told that he did the publisher went on to say:

‘’He wont get a halfpenny of it, and tell him from me that if ever there was a liar in the world he is one’.

As Albert turned to leave, placing his hat back on his head, Butcher kicked him sharply in the rear, propelling him forwards and out of the door. This prompted the clerk (or perhaps his employer) to press charges for assault, and so Butcher found himself up before an alderman at the Guildhall Police court.

‘Did the kick hurt you?’ Jones was asked.

‘It did hurt for a few moments’, the clerk replied.

‘Oh nonsense, I scarcely touched you’, came the response from the dock. ‘I simply put my foot up to assist you getting out of the office a little faster’.

With laughter ringing out in court Butcher might have enjoyed this small victory had the magistrate not then handed him a fine of 40s.

[from The Standard, Wednesday, November 17, 1886]

Of the hidden curriculum, ignorance and prorogation

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Having just dealt with two gentlemen who had been found drunk and drawing a crowd around them near Cremorne Gardens, Mr Arnold’s Westminster Police court was now filled with a motely collection of working class men and women. They answered summons for not sending their children to school. The cases were brought by the Chelsea School Board in the person of Mr Cook the board officer.

In most of the cases the magistrate agreed that their had been neglect of duty on the part of the parents, and he fined them small amounts and extracted promises that in future they would ensure their children went to school. In one case however, he had to take a different line. This involved a very poor woman who said that despite her best efforts her son kept playing truant and there was nothing she could do about it. Her husband left for work very early in the morning and she too worked, so she could not make sure that when he set off for school he didn’t sneak back later on while his parents were out.

Mr Arnold was sympathetic and called the boy to the dock to explain himself. The lad said he was sent to school but didn’t go. The justice now ‘explained to the little fellow the advantages of going to school’.

He added that ‘poor people who had to work hard for their living could not be expected to to take their children to school and sit on a door-step to see that they remained there; and in cases where the parents did their utmost to comply with the law he should not convict them, because their children were rebellious’.

He went on to say that in some instances ‘those children were proper subjects for an industrial school’, where education would be combined with more severe discipline. This might have been a veiled threat to the boy to not play truant again but he wrapped it up in a wider warning to parents that thought sending their offspring away was an easy solution to avoiding prosecution and a convenient means of having them educated and cared for at the state’s expense.

Parents of children sent to industrial schools (or reformatories) were expected to contribute to their upkeep he reminded the court (and the reading public of course). For ‘those children ought not to be easily got rid of by their parents and become a burden to the ratepayers’ and he instructed Mr Cook to make his views clearly known to the School Board. The reporter finished his account by stating that:

‘The system of parents getting rid of their children by complaining that they are beyond their control is becoming very prevalent’.

The education offered to working-class children in the second half of the nineteenth century was basic and not designed to lift them up above their social status. Children were taught to read and write but also not to challenge their superiors and to learn to accept ‘their place’ in society. It has taken a very long time for this to change in Britain, arguably it is only from the 1960s or later that education has really affected the status quo, and some might reasonably suggest the effect is limited at best.

Education – and the encouragement of independent thinking – is crucial if society is to develop and not simply replicate the traditional hierocracies of the past. It is not an accident that public (private) schools are given charitable status to enable them to prosper, or are excluded from the national curriculum taught to most children. It is no accident either that the children of the wealthy and ennobled are much more likely to go to our top universities, while children from disadvantaged communities – notably BAME ones – are largely excluded.

Education is political – it always has been – and it probably suits the ruling elite for the majority of the population to be under education, to believe what the tabloids tell them, not to challenge the words of their ‘superiors’. There has been a clear move to silence the voices of ‘experts’ in political debate recently – on climate change, on political democracy, and on brexit most notably.

‘Ignorance is bliss’ some say; I would say it is dangerous and plays into the hands of those that rule us, those – if you but scratch the surface – who went to private schools like Eton, Harrow and Westminster, before finishing their studies at Oxford and Cambridge, before proceeding into positions of wealth and privilege because their parents were rich and powerful already. The attack on the Westminster bubble by disenchanted members of the public is misplaced in my opinion. Today the ‘old school tie brigade’ is ripping up democracy in front of our very eyes to serve the old order’s desire for continued wealth and privilege. If you see the proroguing of our sovereign elected parliament by an unelected cabal of unrepresentative privileged individuals as anything other than a coup in all but name, then I respectfully suggest you look beyond the tabloids and read a little more history.

[from The Morning Post, Friday, August 29, 1873]

A cowardly attack on the wrong victim

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Elizabeth Couldry was standing at her door in Sugarloaf Court in the City of London (which led into Leadenhall Street, above) watching a group of boys play. They were up to mischief – as small boys often are – and the object of their attention was another resident of the court, Catherine Branman.

Catherine was drunk and crying out that she’d lost a shilling, claiming someone had stolen it. She’d worked herself up into a rage and was carrying a large stick. One of the boys picked up a farthing from the dirt and gave it to her, telling her that was what she’d dropped. This only enraged her further and she started hitting out at the boys who scattered.

Another door had opened by now, and a woman on crutches appeared with an elderly man behind her.  He called to her to go home and be quiet but this only provoked Catherine to confront the pair. The invalid was Jane Barham and the old man was her father. Catherine told Mr Barham that if she had been a man she would have knocked his lights out. Jane told her to calm down and come inside for a moment.

Catherine did neither. Instead she lifted her stick and smashed it down on the poor woman’s head.

Jane was rushed to the infirmary at Bow workhouse where she was treated for serious wounds to her head. It was serious enough to keep her in hospital for six days. In the meantime Catherine was arrested and the stick she’d used confiscated to be used in evidence. There must have been real concern that Jane might not recover.

Fortunately she did and on the 25 August she gave evidence before the Lord Mayor at mansion House, although she did so sitting down and with her head swathed in plaster and bandages. Catherine denied intent and said she was drunk at the time. She had been wound up by the little boys and had only struck Jane by accident. It was a risible excuse but the Lord Mayor was prepared to let her settle the matter with her victim. He gave leave for the two women to use the affidavit room to come to a financial settlement; if Catherine paid some compensation and the cost of the court case then the law need take no further action.

The women were soon back in court and Catherine was back in the dock. She’d pleaded poverty and so refused to pay anything (or anything of substance at least). As a result the Lord Mayor said he had no choice but to fine her 20s which of course she couldn’t pay. The gaoler led her away to start a month’s prison sentence and Jane went home to complete her recovery in peace.

[from The Morning Post, Friday, August 26, 1859]

A life destroyed by the ‘demon drink’

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Alcoholism is a debilitating addiction than ruins not only the life of the person affected but that of those around them. Since the Second World War most of the attention of the police, courts, and prison service has been on  drugs such as cannabis, heroin, cocaine, and MDMA (with all the various derivatives and combinations) and with good reason. All these drugs have the capacity to destroy lives as well. But while all of the above are proscribed and subject to sanctions under the criminal law, alcohol remains legal and freely available. Like tobacco, alcohol is recognized as being harmful but is simply taxed, not banned.

In the 1800s the negative effects of drink were well understood; drink was blamed for all manner of society’s problems form unemployment to fecklessness, poverty to mental illness, domestic violence to mental illness and suicide. All of these social issues were linked to the excessive consumption of the ‘demon drink’. In the early years of Victoria’s reign the Temperance movement established itself; from small beginnings in the late 1820s it had grown into a significant lobbying group by the 1850s. It attempted, unsuccessfully, to  get parliament to pass a prohibition bill in 1859 but it continued to promote abstinence by urging working men and women to sign the pledge.

It was recognized from the middle of the century that alcoholism was a disease and not simply a vice. Since it was not merely a weakness of character it was possible to treat it, and cure it and this was the beginning of modern efforts to deal with addiction to all sorts of substances.

Margaret Malcolm was a good (or perhaps ‘bad’) example of the evils of drink. She was brought before the sitting magistrate at Westminster Police court in August 1878 for being found drunk and disorderly in the Vauxhall Bridge Road. She’d been carried to the local police station on one of the new Bischoffsheim hand drawn ambulances, being incapable of walking.

That was Friday 16 August and the magistrate fined her 8s which her husband  paid to keep her out of gaol. On Monday (the 19th) she was back in court and this time Mr Woolrych fined her 21sand told her she was an ‘incorrigible drunkard’. Margaret pulled out a card to show that she had ‘joined the teetotalers’ and promised that she ‘would never drink again’.

Her pledge didn’t last the day: at around five in the afternoon PC Charles Everett (185B) found her drunk, ‘stopping the vehicles in the street, [and] making a great noise’. When he went to arrest her she threw herself to the ground and refused to budge. It took some time to get her up and into custody and in the meantime a large crowd had gathered to see what all the fuss was about.

Back in court before Mr Woolrych she had nothing to say for herself. The magistrate was told that Margaret had been in court on at least fifty occasions previously. Her long-suffering husband had paid nearly £200 in fines in just a few years. To put that in context £200 in 1878 is about £13,000 today. It would have represented almost two years wages for a skilled tradesman, or you could have bought 7 horses with it. Margaret must have had a loving husband (more than many working-class women had in the 1870s) and one who was, whenever possible, determined to keep her out of prison.

He hadn’t always succeeded; she’d been to prison several times when magistrates like Mr D’Eyncourt had refused the option of a fine in the forlorn hope that it would curb her drinking. On this occasion the law continued to be a blunt instrument: with no option available to him to send Margaret for treatment (as a court might today) she was fined 25s (£80) or three weeks’ hard labour. The court report doesn’t tell us whether Mr Malcolm dipped into his pocket this time.

[from Reynolds’s Newspaper, Sunday, August 25, 1878]

‘Take me back to prison; take me to my dungeon and my chains!’

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In most assault cases heard before the Metropolitan Police courts the magistrates had the option to fine or to imprison defendants. There was clear class bias in operation  and not simply because wealthier defendants could afford fines while poorer ones could not. There seems to have been an unwritten understanding that ‘respectable’ persons would be fined for their indiscretions while the ‘rougher’ element needed to be taught a harsher lesson.

Fines were levied on a sliding scale that also appears largely to have been at the discretion of the magistrate. For disorderly behaviour and drunkenness you might receive a penalty of a few shillings, for assault this could rise into towards a few pounds. If a justice wanted to punish someone severely he could impose a fine that he didn’t expect the prisoner to be able to pay, meaning that the culprit would end up serving a prison sentence by default.

Mr Schmidt (of the firm of Schmidt and Co. music publishers) was not your usual drunk or street brawler but in August 1869 he found himself facing a charge of assault at Marlborough Street Police court. What will quickly become clear is that Schmidt, while a respectable businessman, was clearly not in full command of his senses. This was to have dire consequences, especially so given his social rank.

The publisher was attending a performance (of what is not stated) at the Judge and Jury club in Leicester Square. This club (or these, as I think there might have been more than one in the capital) were gatherings where you might enjoy a fairly disreputable evening’s entertainment as this clipping describes:

‘The one I speak of met in an hotel not far from Covent-garden, and was presided over by a man famous in his day for his power of double entendre. About nine o’clock in the evening, if you went up-stairs you would find a large room with benches capable of accommodating, I should think, a hundred, or a hundred and fifty persons. This room was generally well filled, and by their appearance the audience was one you would call respectable. The entrance fee entitled you to refreshment, and that refreshment, in the shape of intoxicating liquor, was by that time before each visitant.

After waiting a few minutes, a rustle at the entrance would cause you to turn your eyes in that direction, when, heralded by a crier with a gown and a staff of office, exclaiming, “Make way for my Lord Chief Baron,” that illustrious individual would be seen wending his way to his appointed seat. […] the Lord Chief Baron called for a cigar and glass of brandy and water, and, having observed that the waiter was in the room and that he hoped gentlemen would give their orders, the proceedings of the evening commenced. A jury was selected; the prosecutor opened his case, which, to suit the depraved taste of his patrons, was invariably one of seduction or crim. con. Witnesses were examined and cross-examined, the females being men dressed up in women’s clothes, and everything was done that could be to pander to the lowest propensities of depraved humanity. 

These Judge and Jury Clubs after all are but an excuse for drinking. They are held at public-houses – there is drinking going on all the time the trial lasts, – nor could sober men listen unless they had the drink.’ 

                                       The Night Side of London, by J. Ewing Ritchie, 1858

The emphasis on the heavy consumption of alcohol might explain Schmidt’s behaviour that night. According to the chief witness against him – Mr Brooks, the ‘Chief Baron’ himself – the publisher was acting in a very disorderly way, so much so that the Baron had to have a word with him. However, if he hoped that this would calm him down he was sadly mistaken. Schmidt leaped up from his seat, grabbed Brooks by the throat and screamed ‘I’m the vulture, I’m the vulture!’ at him.

It was a bizarre display and as Brooks tried to wrestle himself away he was knocked to the floor and his watch was trampled on. Eventually half a dozen other people rushed in to help pull the music publisher off him and Schmidt was subdued and handed over to the police.

The magistrate had heard enough to declare that this was a case that demanded a prison sentence not a fine and was about to hand that down when a man came into court waving his hands to get the justice’s attention. Edward Lewis said he was a friend of the accused and said that Schmidt was ‘labouring under a temporary aberration of intellect’.

In other words he was not himself and Lewis promised that he and others would take him under their care and look after him while he recovered. He was, he added, a ‘most respectable man’. Mr Knox turned to the wronged party to ask his opinion on the matter. The ‘Chief Baron’ was gracious: he said he would ‘very sorry to press severely on a respectable person under such circumstances’. He would leave to the magistrate to decided what to do with Mr Schmidt.

Mr Knox relented and ordered that  a fine of £5 be paid. Schmidt was removed to the cells while a messenger was sent to fetch his business partner and his cheque book. When he returned Schmidt was brought up and asked to make his payment to the court. This is where it could have all ended reasonably happily but Mr Schmidt was still possessed with whatever rage had caused him to overact in the Judge and Jury club.

He ‘seized the cheque book, flung it to the end of the room, shouting, “Take me back to prison; take me to my dungeon and my chains”.’

His wish was granted and the gaoler led him away to start a month’s incarceration in the local house of correction. It was a dreadful fall from grace and one, I fear, he will have struggled to recover from, despite the best efforts of his friends.

[from The Standard, Monday, August 16, 1869]

On the buses: Mr D’Arcy’s close encounter with John Bull

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There were two important innovations launched in 1829, both of which have become iconic London institutions. As we enter the height of the tourist season in the capitals, tens of thousands of visitors will be heading home with souvenirs and amongst them are likely to be images of London buses and policemen. The Metropolitan Police Force was created by statute in 1829 and on 4 July that year the very first omnibuses set off from the New Road (now the Marylebone Road) at the start of their journey to Bank in the City.

‘Buses weren’t an English invention – Parisians had been enjoying them for a few years already – but it was a Londoner named George Shillibeer who established the first routes in the capital. They weren’t large, carrying just 22 people at first, but as the mode of transport caught on more and more companies followed Shillibeer’s lead and soon there was fierce competition for passengers.

I imagine that omnibuses were quite a novelty at the start and just as tourists today might want to ride on a double decker Viscount D’Arcy (who sounds as if he might have stepped from the pages of Jane Austin novel) was keen to experience it for himself. He was staying at Mivart’s Hotel on Lower Brook Street (which is now quite famously renamed as Claridge’s) so could have taken a hansom anywhere but chose to ride with ‘everyman’.

He hailed a ‘bus bound for Paddington but the driver was reluctant to let him sit outside (where he wanted to) telling him instead to sit inside, where there was lots of room. The viscount wanted to ride outside (like I always want to ride upstairs, where you can see) but the man was abusive and insisted he couldn’t. D’Arcy wasn’t used to being denied what he wanted and got on anyway, making his way up to the roof.

The driver, William Davison, saw that he’d been ignored and raised his fist and waived it at the viscount, shouting more abuse. ‘Disgusted at this strange and unwarrantable conduct’, the viscount ‘determined on alighting as soon as possible’. As the omnibus stopped at St Pancras church he stepped down and was just about to place his foot on the street when Davison spurred his horse and took off at speed. Luckily D’Arcy was uninjured as he tumbled towards the ground but he was angry and made a note of the vehicle’s number (3912). He applied for a summons and, on the last day of July 1833, William Davison was summoned before the magistrate at Marylebone Police court to answer for his actions.

Viscount D’Arcy said he was ‘as much astonished as annoyed’ by Davison’s conduct, ‘from whom, from his round far face and complete “John Bull” appearance, he expected much civility’. Davison denied the charge and told Mr Rawlinson that it was D’Arcy that had started it by calling him a ‘damned fellow’. He brought along a witness but either they lost their nerve or hadn’t been paid enough and failed to back him up. The magistrate sent him off with a flea in his ear and a £5 fine.  The whole experience would have given the viscount a story to regale his friends and family when he returned home from London, something much better than a toy bus or a plastic police helmet

[from The Morning Post, Thursday, August 01, 1833]