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

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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.

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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:

‘I always tire of a woman in a week’: a charmless husband at Bow Street

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Whilst I live in the capital I work in Northampton and yesterday I had a meeting with some members of local history and community group who wanted to discuss the preservation and dissemination of the history of the Delapré Abbey estate, which sits next to our university campus.

Delapré Abbey (pictured above) has its roots in the medieval period but today there stands a beautifully restored English country house in acres of grounds, all open at times to the public. In the late 1800s it was the seat of the Bouveries, a prominent Northamptonshire family who acquired it in 1756. It stayed in the family until just after the Second World War when Northamptonshire Corporation bought it.

We had an interesting chat about the estate and its history and the problems of capturing and conserving information about the past before in disappears under the diggers and concrete mixers of modern day developers. Hopefully we’ll find ways for local historians and staff and students at my university to work together on this in the near future.

Given that I knew almost nothing about the Bouveries of Delapré it was something of a surprise to randomly alight on a court report from Bow Street in late April 1888 where a junior member of the family was mentioned. Mrs Blanche Minnie Bouverie appeared with her solicitor, a Mr Churchley, at Bow Street Police court to request a summons against her husband for desertion.

Blanche was the third wife of Francis Kenelm Bouverie, who had recently been the subject of a fraud case heard at the Old Bailey. The young Bouverie had already been married three times despite only being 26 years of age and was considered something of a rogue.

He’d been divorced twice for adultery Mr Churchley told the magistrate (Mr Bridge) and Blanche had tried to divorce him herself, again for adultery but had not yet succeeded. In the 1800s the laws on divorce were weighted in favour of the man: a wife had to prove two things against her partner, while he had only to prove one. Mrs Bouverie had alleged adultery and cruelty  but had not proved the latter charge.

She was only 20 years old and they had been married for just a year when Francis left her. She said he started beating her after just a week. Bouverie had apparently told her that it would be better if she left him then and returned to her mother as ‘he always tired of a woman in a week’.

Mr Bridge granted the summons against Francis but queried why, given his reputation, Blanche had entertained the idea of marrying him in the first place. No answer was forthcoming but sadly we often believe that we can change those we fall in love with or believe it won’t happen to us. The young self-styled heir to the Delapré estates was ‘living in great style’ in London the court was told, and one imagines that he played the eligible bachelor card to the full. Hopefully this exposure of his character in the press served to warn other women against falling for his ‘charms’.

[from The Standard, Monday, April 30, 1888]

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

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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:

Forced aboard a merchant ship in New Orleans: an echo of modern slavery on the high seas

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New Orleans, c.1841

John Burns was a steward on board a merchant ship named the Rio Grande. He’d sailed with it to New Orleans in 1849 where he’d gone ashore with a fellow crew member who had been taken ill. He took temporary lodgings in a boarding house and made plans to collect his pay packet in the morning. This was normal: sailors often collected their pay onshore, being paid at a shipping agent’s office.

However, this was also when they were vulnerable to thieves and fraudsters who knew they were likely to have been carrying fairly large amounts of cash. In London the Ratcliffe Highway and its associated dockland was notorious as an area where prostitutes would inveigle seaman into bars, get them drunk, take them upstairs and rob them (or assist others in their robbery). I’m fairly New Orleans presented very similar hazards to the unwary.

As Burns left his lodgings to collect his money two men seized him and forced a drink down his throat, which ‘rendered him insensible’. Having dragged him they manhandled him on board a ship called the Ashley, which was run by Alfred Greg. The two men were what were known as ‘runners’ or ‘crimps’; in effect they acted as a press gang for merchantmen, forcing men to serve as seaman against their will.

We are probably all familiar with the concept of the press gang as it operated in the eighteenth century, forcibly enlisting men and boys into the Nelsonian navy but this was nearly half a century later and in a foreign country. In 1849 New Orleans was, as it is today, the largest city in Louisiana, the 18th state of the USA. In 1849 something like half of Louisiana’s population were enslaved and it is hard to think of what happened to Burns as anything other than enforced labour by kidnapping.

Burns tried to explain to the master (Greg) that he was no sailor, just a steward with no experience of seamanship but he was ignored and set to work. He was promised $35 and the ship sailed to England, docking in London in April. When he asked for his pay he was told he’d already been paid, but he’d never seen ‘a halfpenny of it’. Instead the master had paid all the money to the two men that had pressed him.

Perhaps this was a common scam, akin it seems to me, to modern slavery where men and women and kidnapped and forced to live and work in terrible conditions by criminal gangs. The steward had the sense to get away from the ship and present him himself at the Thames Police court where he obtained a summons against Greg. A few days later the master was in court to hear Burns testify against him. Two other crew members turned up to confirm his evidence and Mr Yardley (the magistrate) said it was evident that a ‘gross and scandalous fraud’ had been committed.

However, it doesn’t seem like he was able to do much about it, perhaps because the crime (of kidnapping) had happened outside his jurisdiction. He could – and did – insist that John Burns was paid however, and would remand the master in custody if necessary until the sum was handed over.

The story served as a cautionary tale for others travelling to ‘foreign’ parts to not get taken unawares by unscrupulous captains in search of a crew.

[from The Standard, Monday, April 23, 1849]

‘You only have to order for one of the cafés, they put it down in their books, and all is settled up all right’: testing the boundaries of credit in Victorian London

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Today we operate a society largely underwritten by credit. I hardly use cash to pay for anything and for many things that I buy I use a credit card. My grandmother would no doubt be horrified if she was alive today. She was an Edwardian, born before the outbreak of war in 1914 in a very different country to the one we live in today. There credit was usually reserved for the wealthy although many small shopkeepers recognized that poor people needed some help in making ends meet and did them credit where possible.

But the real beneficiaries of credit in the way we understand it today (not paying for goods or services for sometime after you received them) were the middle class and elite. Many of wealthy in Victorian and Edwardian society simply lived on the ‘never never’, paying their bills when they really had to. Naturally this system was open to abuse as while the payments came from those at the top many of purchases were actually made by their servants.

In April 1888 Mary Hughes was prosecuted at the Marlborough Street Police court for ‘unlawfully obtaining three slices of salmon, value 10(or about £40 today). Hughes had entered Mrs Ann Crump’s fishmonger’s shop on New Bond Street and had asked for the fish. She said that the fish was for her mistress, the Countess of Dudley, and so the salmon was wrapped and the bill added to the countess’ account. Normally the fishmonger would have delivered the item later but Mary insisted that it was needed in a hurry, so she was given it straight away.

Something about her demeanor raised the cashier’s (a  Mr Woodwatd) suspicions however, and he decided to follow her. Woodward followed Mary along Bond Street to St James’ Street where she boarded a bus headed for Victoria. When they reached the Vauxhall Road Woodward collared her and told her he suspected her of committing a fraud. Mary spun him a line about having to go somewhere before she returned to her mistress but he didn’t fall for it. He called over a passing policeman and had her arrested. The officer took her in a cab to Dudley House, (below right) the home of the countess, and Woodward followed behind. dudley house

At Dudley House Mary’s unraveled: the housekeeper stated that she didn’t know her, she had never worked there and no one had sent her out to buy salmon. Mary was taken back to a police station to be charged and brought before the magistrate the next day. In court it was revealed that she’d told the officer on the way to the station that her ruse was an easy one to perpetrate:

‘You know what it is, constable, in these large firms. I have had many a piece there; you only have to order the salmon for some of the cafés, and then they put it down in their books, and all is settled up all right’.

This admission brought chuckles of laughter in the courtroom but the magistrate was unlikely to have been amused. This exploitation of the credit system undermined it and that, ultimately, affected people like him who enjoyed the freedom to choose when to pay that it brought. Mary said she had a relative who worked for the Countess of Dudley which is how she knew where the household placed its orders, let’s hope there were no repercussions for that employee. She added that on the day she’d committed the fraud she’d been drunk.

It was a lame defense at best but Mr Mansfield decided to remand her for a week while he decided what to do with her.  In the end Mary was tried and convicted at the quarter sessions and sent to Millbank prison for two months.

[from The Standard, Saturday, April 14, 1888]

Murder in Wales but business as (depressingly) usual in London

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In mid March 1866 the trial of Robert Cox was concluding in Swansea. The body of John Davis had been discovered by police in Dyffryn Wood a long time after his disappearance. The body had been decapitated and the evidence led the police to Cox (or Coe). The jury had convicted Cox after deliberating for 12 hours and the judge, Justice Blackburn, ‘passed sentence of death in the usual manner’. The so-called ‘Mountain Ash murder’ resulted in the execution of Cox outside Swansea gaol on 12 April 1866. Cox confessed to killing his workmate after they had both been drinking. His was the last public execution in Wales.

Meanwhile the reports of the London Police courts reminded readers that most crime in the country was much more mundane. At Marlborough Street  Henry Baynes, a publisher’s clerk, was brought up again on a charge of defrauding his employers. He was accused of obtaining cheques by false presences from a number of publications including The Morning Post, the Owl, and Notes and Queries.  The prosecuting counsel was a Mr Wontner who was to go on to become a magistrate later in the century. On this occasion he managed to persuade the sitting justice that there was sufficient evidence against Baynes to send him for a jury trial.

At Southwark Mary Ann Vanna was accused to stealing a clock, coat and ‘other articles of wearing apparel’ from a house in Cole Street. She pleaded guilty in the hope of having the case heard summarily (and therefore getting a reduced sentence) and said it was the first time she’d been before a magistrate. The justice said he doubted that as she was a ‘well known character’ who lived with a ticket-of-leave man. He sent her to prison for six months at hard labour.

Over at Worship Street Mary Ann Taylor appeared in the dock charged with destroying her clothes in the casual ward at Shoreditch workhouse. She raised eyebrows in court because of the state of her dress:

‘beneath a dark wrap of a shawl and old bonnet she wore what was immediately recognizable as having been long since a nipped counterpane, but perfectly white and carefully patched and darned so as to exclude the clemency of the weather’.

When the magistrate asked the poor law officers why she was dressed like that they told him that when paupers destroyed their own clothes, with the expectation that the house would give them new, better ones, they supplied one of these ‘nice white dresses’ instead.

The effect was to humiliate the wearer and it seemed to have worked on Mary Ann who looked miserable and wept openly as she explained that she’d cut up her own clothes because they were ‘so filthy’. The magistrate sent her to prison for 14 days.

[from The Morning Post, Friday, March 16, 1866]

Several young women fall for the same scam and the law is unable to help them

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For very many poor Londoners the Police Court magistrate was the ‘go-to’ person for legal advice. Not everyone that appeared before him had either committed a crime or been the victim of one, so he acted as a free (or at least a cheap) alternative to hiring a solicitor. All those serving as magistrates had to have had seven years’ experience at the bar, and all were aided in court by very capable clerks who new the latest developments in the law and could point magistrates towards the relevant sections of legal handbooks.

Magistrates couldn’t always help however, sometimes applicants brought up cases which either weren’t covered by the Police or jury courts or simply didn’t represent infringements of the law at all, however unfair they might seem. Just such a case was brought before Mr Mansfield at Marylebone Police court in mid February 1868.

On Saturday 15 February a deputation of young women came to the court to ask advice and to seek a summons against a man they said had defrauded them. They had all seen an advertisement in a newspaper that sought young women to learn a business. The advert suggested that in return for 5they would receive training which would then allow them to earn upwards of 35s a week. So for an investment of just £15 in today’s money they could earn a respectable £100, no wonder so many were tempted.

When the answered the ad they were invited to attend at a property in Marylebone were they were given a ‘little wooden stand and a small brush’ and instructed in how to paint letters onto a piece of glass. The glass was a memorial plate and bore the inscription:

‘In Memoriam – Died 2d July, 1799’

However, in each case the man declared that even after ten days of doing this simple task, none of them were ‘quite competent’ and all needed ‘more instruction’. All of them were being told they weren’t holding the pen properly and that their strokes weren’t fine enough.

It was a scam: the man was effectively taking money off the girls but still getting their work. They continued in the hope of earning a decent wage when in reality he never had any intention of paying them. To confirm this the unnamed man kept changing his address and avoiding them. He claimed that the £5 he charged was for the materials they used in their instruction and now a large number of women were out of pocket, and angry.

Mr Mansfield sympathized with them but said that they had been naïve; it was, he said, ‘very indiscreet to part with money their money’.  Whilst he saw the basis for a summons it was very weak and he doubted they would get any redress in law. After all the man could reasonably say the women had received something for their £5 if only the brushes and the little wooden stand. Instead he felt that the exposure of this in the press was the best way to stop anyone else being duped by this practice.

It was scant justice for the women affected by the scam, none of whom had managed to find gainful employment since they’d placed their hopes and money with the glass painter. Hopefully no one else was conned and they all learned to be a little more streetwise thereafter. After all, if it looks too good to be true, it probably is.

[from The Standard, Monday, February 17, 1868]