Barrow wars: competing for territory in the world of fruit and veg

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The difference between a fixed trader – generally but not always a shopkeeper – and a costermonger became the key distinction in a case heard before Mr Woolrych at Westminster Police court in early December 1870.

William Haynes, a fruiter and potato dealer with premises on  Churton Street and Tachbrook Street in Pimlico, was summoned to explain why he had obstructed the carriageway. He was prosecuted under the ‘new Street Act’ for ‘allowing two barrows to rest longer than necessary for loading or unloading’. The court heard he had left them there for five hours.

His defense lawyer (Mr Doveton Smyth) accepted the facts of the case but tried to argue that since his client sold apples from these barrows he might be classed as a costermonger, and therefore be allowed to do so.

Mr Woolrych might have admired the creativity of the brief but he rejected his reasoning. The word ‘costermonger’ might have derived from “costard,” a large apple’, as the lawyer suggested but ‘that term had become obsolete’.

There was ‘no doubt the present acceptation of the word costermonger was an itinerant trader who hawked perishable articles, such as fruit, vegetables , and fish, etc., and in the course of that vocation went from place to place’.

The magistrate pointed out that Mr Haynes owned two shops and didn’t move them around. Mr Woolrych left the fruiterer off the fine but insisted he pay the costs of the summons. The lawyer said he would take the question of ‘whether a tradesman cannot be a costermonger if he please’ to the Court of Queen’s Bench for a higher authority to determine.

Two weeks later Haynes was back in court and again defended by Mr Doveton Smyth. Again the charge was the same, as was the defense. This time the defendant was fined.

Two years later, in April 1872 William Haynes was one of three Pimlico greengrocers brought before the Westminster magistrate for obstructing the pavements.

The court heard that they occupied premises ‘where costermongers are allowed to assemble in accordance with the  provisions of the Metropolitan Street Act’ and that the area was a ‘a regular market on a Saturday night’. Once again Mr Smythe presented the argument that his clients had as much right to trade from stalls outside their shops as the costermongers did to sell from barrows nearby, so long as ‘did not infringe the police regulations’.

But it seems they did infringe the law.

Inspector Turpin from B Division said that Haynes’ stall was fully 50 feet long while Joseph Haynes (possibly his son or brother), had one that was 35 feet long. Both stalls forced pedestrians to walk out into the road to get past.

The defendants pleaded guilty, promised to ‘make better arrangements’ in the future, and were fined between 10 and 40s each, plus costs. They paid up but with some protest.

This was not something that was going to go away however. The greengrocers could afford to keep paying fines and may well have thought it a necessary expense to be able to compete for trade with the costermongers.

Ultimately, as we know, the grocer in his shop would win the battle for the streets with the coster and his barrow. The latter were eventually restricted from selling wherever they liked and confined to fixed markets; the grocers developed a network of independent shops that ultimately grew into small and then larger chains, displacing very many of the independent traders that they competed with.

Today we have a high street  with very few independent grocers and greengrocers; most of that business has been captured by the supermarkets.

[from Morning Post, Wednesday 7 December 1870; Morning Post, Friday 19 April 1872]

 

A deserted wife takes advantage of a change in the marriage laws

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In 1857 Parliament passed a landmark act that fundamentally altered the ability of married couples to obtain divorce. The Matrimonial Causes Act (1857) was only one step on the pathway to modern divorce law but it was an important one. In essence it enabled divorce to be dealt with by the civil not the ecclesiastical (church) courts so long as the grounds were adultery. It wasn’t equal (the nineteenth century was a deeply patriarchal society after all) so while men only had to prove that their wife had committed adultery women had to show an additional cause (such as cruelty or desertion).

One extra clause in the act allowed a woman to protect any earnings she had from falling into the hands of her husband if he deserted her. Previously men were deemed to own everything on marriage and so could walk away and take everything with them. This important legal change brought Louisa Lichfield to Clerkenwell Police court in July 1858 to ask for Mr Tyrwhitt’s help.

Mrs Lichfield was a ‘respectably dressed and very lady-like female’ who gave her address as 4 King Street, Lower Road, Islington. She applied to the magistrate for an order under section 21 of the  Matrimonial Causes Act to protect her property from Henry Lichfield, a greengrocer of Cross Street, Lower Road, Islington.

Louisa’s solicitor (Thomas Wakeling) explained that in February 1855 she had arrived home with her husband who, ‘without any provocation’, assaulted her and threw her out of their home, dislocating her shoulder in the process. He told her that ‘she had no business there, and that she should never enter his place again’.

She had pleaded with him and returned to him several times only to be shunned and rejected again and again. With no income or saving Louisa fell into poverty and went to ask help from the parish authorities of St Marylebone. They were unwilling to help and passed her to St Mary’s, Islington and even though Henry was well aware of her desperate situation he did nothing to help her.

Since that time she ‘had been partly supported by her friends and partly by her needle’ (in other words she earned money by sewing). In the meantime she had managed inherited some money and property from a deceased relative and now was frightened that Henry would claim it and take it from her. The new law enabled her to protect it and she was therefore seeking an order from Mr Tyrwhitt to do this. The magistrate was happy to oblige her.

I think this shows that Louisa, and/or her friends, well aware of the change in the law and how it might benefit her. She was lucky to have such allies in this situation as few women would have been to organize an effective legal challenge without them. Louisa was not a rich woman from a privileged background, she was the deserted wife of a small businessman, a member of the aspiring middle class. She was disadvantaged by the system but the 1857 act did at least go some way to protecting her from the worst her husband could do, and Louisa was an early beneficiary.

[from The Morning Post, Wednesday, July 29, 1858]

Jealousy erupts in violence as accusations of ‘husband stealing’ fly around Mile End.

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Mary Adams was at home with her young son when she heard a knock at the door. ‘Go and answer it’, she instructed her lad, ‘it will be the greengrocer’s boy’. However, when the boy opened the door two women rushed past him up the stairs and burst into Mrs Adams’ room.

One was only little but the other was a ‘tall, dark woman’ who demanded:

‘where is my husband?’

‘I don’t know where he is, or who he is’ replied Mary, apparently completely mystified as to why her home had suddenly been invaded by the pair.

‘You do know, you _____!’ the tall intruder said, and attacked her. She grabbed her by the hair and hit her about the head with a sharp weapon, which Mary thought might have been a knife (but which was probably a large key). The other woman joined in and poor Mary received a considerable beating before a policeman arrived in response to her cries of ‘police!’ and ‘murder!’

PC Thomas Hurst (553K) found Mary ‘partially insensible’ and covered in her own blood. He did what he could for her and searched the two women for weapons, but found no knives. The victim was taken to be patched up by the police surgeon while her abusers were arrested and locked up overnight. In the morning (Tuesday 13 August, 1872) all three appeared at the Thames Police court in front of Mr Lushington.

Mary Adams was the wife of a cab ‘proprietor’ and lived in relative comfort at 355 Mile End Road. The couple had one servant, a young girl named Caroline Padfield, who saw what happened and backed up her mistress. Mary’s boy also told the magistrate about the attack on his mother.

Lushington now turned his attention to the two women in the dock. The smaller defendant was Elizabeth Row and she was clearly just the other’s helper. The real perpetrator was Ester Millens and she explained why she was there and gave an alternative version of events.

According to Esther’s evidence she had found her husband at Mary’s house and when she had ‘upbraided him’ about it he had turned round and told her she was no longer his wife and that he intended to make Mary his wife. She said that Mary and her (Millens’) husband were having supper together and the room was full of Esther’s furniture. It must have looked as if he’d moved out and acquired a new family. Quite where Mr Adams was (if he was indeed still alive) isn’t at all clear.

As to the violence, Millens claimed that Mary was quite drunk when she arrived and must have injured herself by falling over. She added that she was a victim herself, having been locked up in the room by the prosecutrix, and then arrested (unfairly) by PC Hurst.

It sounds like quite a tall tale; where was the estranged Mr Millens for example, and why should the little boy lie about the attack on his mother? Mr Lushington released Elizabeth Row but remanded Millens in custody so enquiries could be made.

The papers widely reported the case (but not its eventual outcome, of which I can find no record) even as far as Dundee. They linked it to another example of ‘female savagery’ that week – a vicious fight between a charwoman and a neighbour in Islington which nearly ended in tragedy. Male violence was commonplace and so I expect examples like these, of women fighting each other, were somehow more newsworthy.

[from The Morning Post, Wednesday, August 14, 1872]

A report from 1890 shows little difference in casual racism today: an (historical) note to Mr B. Johnson.

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Racism takes many forms, (as the comments of a former secretary of state for foreign and commonwealth affairs demonstrated yesterday). When we look back at the past we are apt to comment that ‘it was another country’ where ‘they did things differently’. London was a multi-cultural city in the late Victorian period and while there were pockets or moments of racial tension (such as during the Whitechapel murder panic in 1888) for the most part the different communities got along.

Nevertheless the idea that white Britons were superior to pretty much anyone else was a persistent trope in contemporary discussions. Britain ‘ruled the waves’ after all and had an Empire ‘on which the sun never set’. This was a time when the world map was heavily tinged with pink and when we, and not the USA or Russia, were the World’s chief ‘superpower’.

I do wonder how much of today’s angst about Europe is born of a desire to regain our imperial past. The EU leave campaign’s slogan ‘we want our country back’ is a curious one; what country were they talking about? The one that stood alone at the start of WW2? The one that was experiencing economic disaster in the mid 1970s? Or perhaps the nation that operated an empire on five continents?

The newspapers were certainly ‘casually racist’ in the 1800s. Most ‘foreigners’ are either seen as inferior, dangerous, or amusing. This seems to have persisted right up to the 1980s when things began to change in the way people described others. It is no longer acceptable to poke fun at people on account of their race, ethnicity or religion now, but that doesn’t seem to have filtered down to Mr Alexander Boris de Pfeffel Johnson, that American born champion of British liberties.

In 1890 no such ‘political correctness’ existed and so the The Illustrated Police News ‘headlined’ its report of a case of domestic violence at the Thames Police court ‘The Heathen Chinee all over’. The case concerned two Chinese immigrants: Ah Wei (a young ship’s steward) and Ah Tuing (a fireman). Both worked on the ships coming in and out of the London Docks and belonged to the small but well established Chinese community in Limehouse.

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It was this community that inspired Sax Rohmer’s ever-so-slightly racialist crime series about the criminal mastermind Fu Man Chu. Contemporary depictions of Limehouse as an area overrun by the ‘yellow peril’ and clouded in opium smoke owe much to Rohmer and Dickens’ Mystery of Edwin Drood, but the reality was that most people there lived in reasonable harmony with each other, regardless of their background.

Ah Tuing had accused the ship’s steward of assaulting him and was asked to swear an oath before he gave his evidence. Speaking through an interpreter (interpreters were common in the police courts, given the proliferation different languages spoken from Chinese to Yiddish, to German or Italian) Ah Tuing explained that as a Buddhist the ‘only oath he respected was the extinguishing of a lighted candle’.

This meant that ‘if he did not speak the truth his soul would be blown away in the same way as was the light’.

Mr Cluer (the magistrate) asked if a ‘wax vesta’ (a match) would ‘do as well’ and reached into his pocket to fetch one. No, the interpreter insisted, it had to be a candle so one was fetched and Ah Tuing was ‘sworn’.

The case now unfolded and Mr Cluer was told that the prosecutor had lent Ah Wei a waterproof coat to protect him from a shower of rain, extracting a promise of sixpence for the loan. The steward refused to pay up when the rain ceased and an argument ensued. This descended into a fight in which Ah Wei was deemed to be the aggressor. One witness – most of whose evidence was given in translation – saved some English for the man in the dock. Turning to him he shouted:

‘You _______ liar. You one loafer!’

All the evidence then pointed to Ah Wei being guilty of assault but then all the evidence had come from the Chinese community. The key witness (for Mr Cluer at least) was Joseph Brown, a greengrocer on Limehouse Causeway. He testified that Ah Wei had been in in his shop when Ah Tuing entered carrying a child in his arms. He thrust the child in the steward’s face and ‘kept irritating him’ and then ‘afterwards [they] had a fair fight’.

The English of course, had very clear ideas about what a ‘fair fight’ was. This did not involve weapons and usually meant the two parties were roughly equally matched. Mr CLuer wasn’t interested in what the Chinese community’s idea of a ‘fair fight’ was, just as he seemingly dismissed the evidence of those that came in to back Ah Tuing’s version of events. An Englishman’s word was of much higher value than a foreigner’s and so he dismissed the charge.

The press reportage reminded the reader that ‘Johnny foreigner’ was a strange and exotic creature, and Boris Johnson’s equation of Muslim women wearing the Burkas with ‘bank robbers’ or  ‘letter boxes’ belongs to this tradition of English xenophobia; one ‘tradition’ we could do with ditching as soon as possible.

[from The Illustrated Police News etc, Saturday, August 7, 1897]

The most ‘savage and wonton outrage I ever did see’.

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As John Holland was walking along the Back Road in Shadwell he saw a man attacking an elderly man and his wife. He rushed over and remonstrated with him, pulling him off the old man. He told him he should be ashamed of himself assaulting someone old enough to be his father. The man was unmoved by the dressing down, landed a blow that knocked his victim to the ground and then set upon Holland as well.

He hit the good Samaritan over the head, which pitched him to the street and, just as he saw the old man trying to get to his feet behind him, turned and kicked him full in the face. Meanwhile as Holland struggled to stand up the violence continued as his assailant kicked him in the groin, ‘which completely disabled him’.

It was a brutal attack on two entirely innocent people and there were witnesses to it. A passing gentleman told Holland he should press charges and a policeman was called for. Running hard from the nearby King David Lane police station PC Joseph Harrad (263K) was first on the scene and he arrested the attacker who later gave his name as Henry Dixon, a tailor.

Dixon, a small man, was still boiling with rage and shrugged the policeman off him.

Don’t hold me by the collar’, he snarled, ‘I will walk quietly with you’.

He only walked so far however, stopping after a few yards near a waterspout and declaring:

I’ll be damned if I go any further’.

When PC Harrad insisted, Dixon seized the waterspout and refused to move. The pair wrestled and the spout broke, tumbling policeman and his quarry into the street. The tailor was up first and ran at Harrad and hit him. Undeterred the copper grabbed him and dragged him into a nearby greengrocer’s shop, which was close to the police station.

Here Dixon landed a severe blow on the policeman’s face and gave him a bloody nose and mouth. Mr Longlands, the grocer, saw what happened and came to the aid of the officer and got knocked back with a fist to his chest for his pains. As Dixon kicked out at Longlands’ shins his cries brought the grocer’s daughter out from the back of the shop. She assumed the attacker was PC Harrad and piled into him with her hands, pulling him off the tailor. The poor copper finally managed to explain that it was Dixon who was the problem and she desisted.

The fight carried on for several minutes and both ‘parties were alternatively up and down’ before sergeant Derrig (27K) arrived and Dixon was finally subdued and frog-marched to the nick. PC Harrad was covered in bruises and Holland and the grocer had both sustained a number of injuries. Dixon was charged with assault and presented at Thames Police court the next day to be examined by Mr Broderip the magistrate.

The magistrate praised the conduct of the policeman and said he’d acted bravely and with ‘great forbearance’. Dixon cut a sorry figure in court, his clothes (which were described as ‘seedy habiliments’) ripped and torn and had little to say in his defence. He alleged that he was defending himself and that he been shoved by the old couple as he passed along the street but that was a weak excuse for such violence.

In fact it was the worst case of assault Mr Broderip had seen in a long time and handed out multiple fines for the various offences that totaled £8 and 40s(or around £600 today, probably two month’s salary for him at the time). I doubt the tailor had the funds for these so probably ended up serving the alternative of serving nearly six months in prison at hard labour.

[from The Morning Chronicle, Saturday, June 6, 1840]

‘A monstrous thing’ is avoided in Bethnal Green

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The most common charges heard at the London police courts were those of being drunk and disorderly or drunk and incapable. In fact, whilst being drunk was not in itself an offence, once another misdemeanour was added (assault, using obscene language, refusing to quite licensed premises, etc.) you were likely to whisked off to the police station and produced in court in the morning.

Because such charges were so common and generally not very newsworthy, the press rarely reported them. Much better, they presumably believed, to offer their readers a staple fare of wife beaters, fraudsters, juvenile thieves, and robbers than a depressing catalogue of London’s inebriates. Just occasionally however, a case was reported because it had something out of the ordinary, as this one does.

Thomas Phillips (50) from Clarkson Street, Bethnal Green, and Robert Cable (64) from Millwall, were charged before the magistrate at Worship Street Police Court with being ‘drunk and incapable in the public thoroughfare’. Both men were described as ‘master greengrocers’ and they had clearly been out drinking at the end of the working week. They had been arrested by PC Kitchener (630K) as he made his beat along Green Street in Bethnal Green.

He had found them in a cart at about 10 o’clock at night. Phillips was sitting (or rather sat slumped) in the driver’s seat holding the reins but ‘quite unable to take care of the horse’, according to PC Kitchener. Cable was asleep (or passed out from drink) and face down in the back of the cart.

In court the constable and his sergeant (Johnson KR) fully proved the charge to the satisfaction of the magistrate, Mr Hannay,  who imposed a fine of 10s on Phillips.  Neither men had denied the charge anyway but Hannay was unsure whether the law applied to Cable. After all what had he done wrong? He was merely drunk in someone else’s cart, he wasn’t causing a nuisance or attempting to drive the vehicle.

He declared that:

‘It would be a monstrous thing if a gentleman going home in his carriage from a dinner was to be taken out and charged because he had drunk too much wine’.

So applying the law and common sense he discharged Cable without penalty than the night in the cells he had already ‘enjoyed’.

[from Lloyd’s Weekly Newspaper, Sunday, September 23, 1877]

A small treat and a careless driver leads to a tragic accident in Poplar

London was a busy city in the 1800s and, just as it is today, it was full of traffic and people in a hurry. As a consequence of this, accidents happened and fatalities were fairly commonplace. We should also remember that in the nineteenth century medicine was not as advanced as it is today and the emergency services (such as they were) far less effective. Sadly then, traffic accidents often led to death where today lives might be saved.

Every accidental death is a tragedy but the early death of a child is  more upsetting, and more devastating for the parents and those involved.

In May 1852 Mary Ann Merritt and her mother were in a grocer’s shop in Poplar. Mary Ann was three years old and probably as delightful as all three year-olds can be. The grocer’s wife offered her a fig, but her mother intercepted the treat, and told Mary Ann she must give half of it to one of her siblings.

Mrs Merritt divided the fruit in half and gave one part to her little daughter. Excited, Mary Ann ran out of the shop and into the street.

Meanwhile Matthew Gale, a 23 year-old greengrocer from Bromley, was ‘lolling’ in the back of his cart while his vehicle proceeded along the road, guided only a four year-old child he had entrusted the reins to.

As the cart rumbled along the cobbles at a speed of ‘four or five miles an hour’ Mary Ann rushed out to cross the road and the cart with its load of potatoes, collided with the little girl. Mary Ann was ‘knocked down and one of the cart’s wheels ‘passed over the child’s head, and it [sic] died almost immediately’.

Whe Mary Ann’s father, a mechanic, discovered what had happened he quickly found Gale and grabbed him. ‘You vagabond, you have killed my child’, clearly holding him responsible for the accident. Merritt hit the greengrocer and the pair ended up in the Thames Police court on the following Monday, with Gale charged with causing the child’s death.

The magistrate, Mr Yardley, thought that some responsibly did indeed lie with Matthew Gale. The court heard that if ‘the prisoner had been in his proper place, in front of the cart, with the reins in his hand, he could have pulled up and prevented the occurrence’. Drivers, he said, should ‘be more careful in a neighbourhood where children were running about’.

But Mr Yardley also attributed some of the blame to Mary Ann’s mother. She should, he said, ‘have looked more cautiously after her little girl, and prevented it running into danger’. Gale was bailed to await the findings of the coroner’s inquest. He doesn’t appear again so I expect that it was accepted that  this was just an accident. It was avoidable, and the young man would have to live with it, as would Mrs Merritt, her husband and their family.

[from The Morning Chronicle, Tuesday, May 11, 1852]