Street gambling and the law in 1850s London

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The nature of the law is at the centre of discussions this morning. Yesterday judges sitting in the highest court in the land – the Supreme Court – ruled that the highest political figure in the country (the Prime Minister) had acted unlawfully (illegally) in proroguing Parliament. The proroguing was declared null and void  and parliament will reconvene this morning at 11.30 to hold the executive to account.

This – despite what some newspaper editorials and unhappy government representatives might say – is democracy in action. We are not a dictatorship, and no one is above the law. This means that the law protects us – the people – from misrule by those that govern us.

This may be a frustration to the small majority of voters who voted to leave the European Union in 2016 but I hope they will recognize that the alternative – giving the executive carte blanche to ride rough-shod over parliamentary sovereignty – would have set an extremely dangerous precedent for the future. Many people voted to be free of the constraints of rule from Brussels (however misguided that might have been) I’m not sure they voted to ‘take back control’ only to surrender it to a modern day Hitler or Stalin.

This blog is concerned not with the highest court of the land but with some of the lowest. The Police Magistrates courts of Victorian London tended to deal with the more trivial problems of daily life in the capital. But here too law was important and central, and its application was supposed to be given without fear or favour, regardless of class.

In 1857 two justices sat in judgment on a man accused of organizing gambling in public. This was an unusual case; in part because two City magistrates were present but also because they quite clearly disagreed with each other.

Davis was arrested by City constable 325 for obstructing the footway at Bride Lane. Davis was with two other men and when the officer searched him he found betting books and £5 17sin coin on him. The case turned then on whether Davis (or the other men) were using the books and actually taking bets at the time. It was established that he wasn’t so the question arose of why the constable had arrested him. Alderman Copeland thought it a ‘monstrous interference with the liberty of the subject’ that the policeman  had arrested a ‘gentleman’ for doing nothing illegal at all.

He went on to say that not far away the officer might have found persons selling goods on the street and trading illegally by the Stock Exchange, yet they were not being arrested.  Abraham Davis had been stopped, moved on, and searched on several occasions by the same City policeman and alderman Copeland was clearly implying that the constable was enforcing the law selectively, and with bias.

Alderman Hale took a different view. He noted that gambling was a problem. It led to idleness, to debt, and to crime as well as causing large crowds to gather and block the streets. There were laws against it and he was determined to enforce them regardless of the class of individual brought in front of him.

Alderman Copeland agreed that gambling was a public nuisance but argued as well that other infringements of the law – such as the illegal trade in tallow (carried out just yards from where Davis was arrested, and ignored by the police) must also be prosecuted. He also felt that having a betting book in one’s possession was not the same thing as organizing illegal gambling and he clearly felt that the policeman had overstepped by searching a gentleman’s pockets on the street.

In the end alderman Hale agreed that while the officer was within his rights to attempt to suppress the ‘evil’ of street gambling Abraham Davis had not been found to be doing anything illegal. Under the law he was innocent and so he discharged him. The law was, even at this level, supposed to be applied  fairly and it seems that this is what the officer had been doing. Had he brought in some working class men for illegal trading I wonder whether alderman Copeland would have tried to defend them as vociferously as he attempted to defend a ‘gentleman’?

[from The Morning Post, Friday, September 25, 1857]

Outrage at the Houses of Parliament as a lunatic is let loose

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It was just before 5 o’clock on the 16 July 1894 when Mr John Sandys, the public orator (literally the voice) of the University of Cambridge, arrived at the Houses of Parliament with his wife.  He and his wife Mary were supposed to be meeting Sir Richard Temple, the Conservative MP for Kingston a privy councilor.

Mary stepped out of the cab and as her husband settled the fare a ‘rough looking man’ rushed up to her shouting incoherently. Some witnesses claimed to have heard him shout ‘I’ll do for you’, or ‘Now I’ve got you’, but none were clear. What was certain was that he was brandishing a clasp knife and seemed intent on doing her some harm.

He lunged forward and slashed at her, slightly damaging her dress but thankfully not Mrs Sandys’ person. A quick thinking passer-by came to her assistance and two police officers helped wrestle him to the ground before taking him into custody. He was marched to King Street Police station where Mrs Sandys officially identified him as her attacker and signed the charge sheet. The man refused to give his name and nothing was found on his person that might explain who he was or why he had attempted to stab Mary.

At his first hearing at Westminster Police court his name emerged. He was Watson Hope Scott, also known as Samuel Strange – which seems an appropriate nom de plume. The magistrate expected that Strange or Scott was quite mad and could discern no connection between him and Mrs Sandys. He remanded the prisoner for further enquiries.

On 24 July he was again brought before the Westminster magistrate and a certificate was handed over (by Detective Inspector Waldock) that established that Scott was indeed insane.  He had discovered that Scott had served in the army in China but had been discharged in 1884 after suffering a severe bout of sunstroke. This had left him mentally damaged and unfit to serve. On his return to England he had found work with a medical herbalist but that only lasted three years before his employer dismissed him, because of his mental health problems.

Scott then worked at a cement factory but they couldn’t cope with hi either and let him go. Just recently he had found work in a City factory (doing what isn’t clear) but he suffered from fits and so the manager sacked him, fearing he might fall into the one of the machines and injure himself.

Throughout his hearing Scott sat in the dock looking dejected, ‘his face buried in his hands’. The magistrate declared him to be a lunatic and sent him to the workhouse asylum in Poland Street.  It is a desperately sad story. I doubt the sunstroke (more properly heatstroke) caused Scott’s mental health problems but it may well have exacerbated them. Once he lost his military career he was on a downwards spiral and the state would have done little to support him. He clearly did try to support himself, this was someone who wanted to work, wanted to contribute to society. But no one it seems was prepared to do anything for him.

Perhaps that’s why he ended up at Parliament – the place where British citizens might hope to get their problems heard and dealt with. After all, as Mr Johnson said yesterday, politicians are there to serve us, not themselves. This is not to excuse his attack on an entirely innocent woman but more to understand that it was probably born of a deep frustration and therefore represented a cry for help not a serious desire to do anyone harm. Sadly he didn’t really get any help, just a bed in an workhouse asylum, a slow death sentence if ever there was one.

[from The Standard, Wednesday, July 25, 1894; The Standard  Tuesday, July 17, 1894]

A fatality avoided as race goers clash with an ‘honourable member’ on Wimbledon Common

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Richard Sims Donkin MP (c.1895)

On the day of the Epsom Derby 1888 (30 May) Richard Donkin was exercising his horse near Wimbledon Common. Donkin, a Tynesider, had made his wealth in shipping in the north of England and in 1885 he stood for parliament and was elected as the Conservative Party member for the new constituency of Tynemouth.

As he rode along a path that adjoined the common a waggonette approace din the opposite direction. The vehicle, a sort of large open cab capable of carrying several person, was driven by Frank Flint. Flint was carrying several passengers, taking them to the races at Epsom. As they passed Donkin there was jeering from the wagon and Flint raised his whip and struck out at the horse and rider.Unknown

The MP struggled but he was a good horseman and managed to prevent his beat losing it’s footing and sliding into a ditch at the side of the road. Had the animal fallen he feared it might have broken a leg and then have had to be put down. He made enquires and found Flint’s name and had him summoned before the magistrate at Wandsworth Police court.

The prosecution was directed by Donkin’s solicitor, Mr Haynes while Flint was defended by a Mr Hanne. The prosecution case was that this was an assault and a deliberate attempt to unseat the parliamentarian. In defence it was argued that it was all a mistake and an accident. Flint testified that his own horse had shied on seeing the other animal and that he was trying to control it when is whip accidently connected with the MP’s mount.

It was a cab driver’s word against a respected member of parliament and I think we know how those encounters were likely to play out.  For Montague Williams, the sitting magistrate, the issue was not simply who was to blame it was whether this constituted an assault. He consulted the clerk who consulted Justice (James Fitzjames) Stephen’s volume on the criminal law and decided that Flint was guilty of an indirect assault, and fined him £5.

Richard Donkin lived in Wimbledon until his death in 1919 at the age of 82. He served Tynemouth as MP until 1900 but made little impression on parliamentary history. Most of his interventions were concerned with shipping, something he knew a lot about. I’ve no idea what happened to Flint or his unruly passengers but if they had backed Ayeshire, the three year old stallion that won the Derby in May 1888 they might at least have won enough money to pay the hefty fine that Mr Williams handed down.

[from The Morning Post, Wednesday, June 13, 1888]

On June 15 Drew’s new book (co-authored by Andy Wise) is published by Amberley Books. It is a new study of the Whitechapel murders of 1888 which offers up a new suspect, links the ‘Jack the Ripper’ killings to the unsolved ‘Thames Torso’ crimes, and provides the reader with important contextual history of Victorian London. The book is available to order on Amazon here

A child is beaten and half-starved for the theft of some cakes

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The NSPCC was founded in 1884 with a mission (that it continues today) to protect children from cruelty. The cruelty that is most difficult to detect is domestic; that perpetrated by parents or other relatives of children, because it is often hidden within the family.

This was the case with Ethel Newberry, a child of ten who was abused and half starved by the father and aunt at the family home in Sydenham in May 1889. The case came to the attention of the Society for the Prevention of Cruelty to Children who brought a prosecution at Greenwich Police court. In the dock were Phillip Newberry, the child’s father, and Mary Phillips, her aunt. The details are quite distressing.

Ethel had been beaten on her back by her father with a cane, on numerous occasions. When she’d been examined by a doctor the extent of her injuries were considerable, with several scars and abrasions. Her aunt had hit her over the head with a copper stick and smacked her wrists with a cane. The treatment she’d been receiving had alerted neighbours who had complained about it to the local Poor Law relieving officers, who’d visited the house. He had discovered that Ethel was almost emaciated, weighing just 30lb when should have been at least 50-60lb at her age.

The child was taken to the local workhouse where she was treated for her injuries and fed properly; slowly she was beginning to recover. The case came before Mr Marsham at the police court and he quizzed the father and aunt about their treatment of little Ethel. The court also heard from Ethel herself.

The whole episode seems to have resolved around food. Ethel was given meals but presumably these were so scant as to leave her continuously hungry. The doctor that checked her over at the workhouse could find no explanation for her emaciation that suggested a disease, so the only conclusion was that the family had not been giving her enough to eat. This may have been an attempt on their behalf to discipline the child for behaving ‘badly’ but if it was it only made things worse.

Ethel now began to steal food. She admitted to the magistrate that she had taken cakes from a shop and this was why her aunt had ‘whacked’ her. She was clearly desperate. The justice decided that while there was little evidence to prove that Mary Phillips had done more than was deemed normal in terms of chastisement, the cruelty of the father was excessive and so he was committed for trial at the Old Bailey.

The London SPCC was successful in portioning Parliament for a change in the law to protect children from abuse and this was passed in 1889. Under the terms of the Prevention of Cruelty to Children Act (52 & 53 Vict., c.44) the police wwre authorized to remove  a child from its parents  if cruelty was suspected and give it into the care of the parish. On conviction for cruelty anyone ‘who willfully treats or neglects any boy under fourteen years of age, or any girls under sixteen, in a manner likely to cause unnecessary suffering’ was liable to a £50 fine or three months in prison.

However, this is where this case disappears. There is no record of a Phillip Newberry standing trial at the Old Bailey or appearing in the prison system either. The newspapers (from those digitized by Gale for the British Library) don’t mention this case after he was committed and his sister discharged. So perhaps, in the end, the society decided that there was insufficient evidence to take the case before a jury. Hopefully, though, they also managed to removed Ethel from her abusers.

[from The Standard, Monday, May 27, 1889; Lloyd’s Weekly Newspaper , Sunday, June 9, 1889]

A cheeky guest and a runaway wife: all in a day’s work for the Marlborough Street beak

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Today I shall mostly be at a one-day conference at the Open University near Milton Keynes. For those that don’t know the OU is home to the Centre for the History of Crime, Policing and Justice and some eminent historians of the police such as Clive Emsley, Chris Williams and Paul Lawrence. I’m not speaking but I am chairing a panel, which means I have to stay awake and take notes, so I can ask poignant questions and (most importantly) make sure nobody goes over time. The conference is called The Architecture of the State: Prisons, Courts & Police Stations in Historical Perspective and my panel has two excellent looking talks on courts.

I’ve been spending a lot of time in courts recently, albeit ones convened well over 100 years ago. This morning I’m at Marlborough Street in the year following the creation of the Metropolitan Police, 1830. No policemen feature in either of the cases I’m looking at today which probably reflects the fact that Londoners were still getting used to the idea of turning to them when a crime occurred.

When William Grant knocked at the door of Mr William Holmes MP in Grafton Street the footman let him in. After all he was ‘fashionably dressed’ and had asked to see Lady Stronge, the politician’s wife. William Holmes was a Conservative member of parliament for Grampound in Cornwall, a rotten borough which returned two MPs before the Great Reform Act of 1832 swept such corrupt practices away. Lady Stronge was the widow of Sir James Stronge, an Irish baronet who had died in 1804, and she was 10 years older than her second husband.

Grant was asked to wait in the dining room while the footman went up to announce him. While he waited he pocketed three silver spoons from the sideboard. He was discovered as he ascended the stairs because the footman heard them clanking his jacket. He was taken before Mr Dyer at Marlborough Street who remanded him in custody.

Earlier that session Mr Dyer had a strange request for help from ‘an elderly gentleman’ about his missing wife. The man, whose name was kept out of the newspapers, told the justice that about a month ago his wife had left home complaining of ill health. She had promised him that she would go to the country, to visit to her friends, and presumably to take the air and recover.

She’d not been gone long however when he realized that a ‘considerable quantity of valuable property’ had disappeared as well. The old man wrote a letter to her relatives to ask after her and received a reply that they hadn’t seen her for ages!

The poor man now made some enquiries and discovered that she was living in St John’s Wood with another man. Far from retiring to the county for the good of her health she’d run off to begin an adulterous relationship with a younger man. He had tried to see her but was prevented from doing so. His only contact had been when he saw her walking with her new beau on Fleet Street.

The elderly husband was clearly at his wits end but laboring under the misconception that his wife had been abducted and so he asked Mr Dyer for his help in rescuing her. The magistrate explained that there was little he could do in this situation but if he truly believed that  she was bring held against her will then he could apply for a writ of habeas corpus and serve it on his rival. Satisfied with this answer the old man left the court, no doubt in search of a lawyer.

[from The Morning Post, Monday, May 17, 1830]

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:

‘Iron filings clippings, gritty matter, and foreign stalks’: some of the things found in a very British cup of tea

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I am writing this on Monday and at this point we still don’t know what is going to happen with regards to Brexit. As it stands though, unless the PM has managed to persuade enough MPs to back her deal, we are still scheduled to leave the European Union at 11 o’clock tonight.  We joined the EU (or rather the European Common Market as it was then) on 1 January 1973 after a referendum was held to test the public’s desire to enter or not.  Today we may leave on the basis of another such referendum, or we may not.

I thought it might be interesting to find out what was happening in the Metropolitan Police courts 100 years before we joined the European club. After all in March 1873 Britain was a very different place. Instead of being a declining world power we were THE world power, an empire upon which ‘the sun never set’. Queen Victoria had been on the throne for almost 36 years and had been a widow for 12 of those. William Gladstone was Prime Minster in his first ministry and he was opposed at the dispatch box by Benjamin Disraeli who he had beaten by 100 seats in the 1868 election. Oh what Mrs May would give for a majority of 100 seats, or any majority for that matter

Britain was stable, powerful, rich and successful in 1873 and Europe was a collection of individual nation states of which republican France, under Adophe Thiers, and Germany, (under Kaiser Wilhelm I and his able chancellor Bismark), were dominant. Russia and the Austro-Hungarian Empire represented the old guard  by comparison. No one was talking about a European union in 1873 but the slide to European war (in 1914) could already be predicted by those able to read the runes.

1873 in Britain saw the opening of the Alexandra Palace in London, and Londoners watched in horror as it burned down a fortnight later. The Kennel Club was created in April , the first of its kind in the world. Another first was the opening of Girton in Cambridge, as an all female college.

220px-Elizabeth_Garrett_Anderson,_MElizabeth Garrett Anderson (right) also became the first woman to be admitted to the British Medical Association, an honor she retained uniquely for almost 20 years. In Africa British colonial troops went to war with Ashanti king, ostensibly because of the latter’s continued trade in human slaves.  Mary_Ann_Cotton

On the 24 March Mary Ann Cotton (left) , one of history’s most unpleasant murderers, was hanged in Durham goal for the murder of her stepson (and the presumed murder of three former husbands); her motive was to cash in on their life insurance money.

Over at Clerkenwell Police court things were a little less dramatic as a tea dealer named Brown was set in the dock before Mr Barker, the incumbent police magistrate. James Neighbour, the sanitary inspector for St Luke’s, testified that he had purchased tow sample of tea from Brown’s shop and had taken them away for analysis. Dr Parry certified that both had been adulterated.

The adulteration of food was common in Victorian Britain and the authorities were keen to prevent it, not least because of the risk it posed to the health of population. Dr Parry’s verdict was that one sample of tea contained ‘iron filings and clippings, gritty matter, and foreign stalks’ while the other was made up of ‘tea dust’ and ‘small fragments of wood’ as well as all the other substances found in the first one. The tea was described variously in signs in the shop window as ‘capital’ and ‘noted’ mixtures but they were very far from it.

However, when pressed the doctor would not or could not say that the tea was ‘injurious to health’, it just wasn’t what it was advertised to be.  Whether it had been adulterated by the defendant or had arrived in that state from China was also something he couldn’t comment on with authority.  This led Brown’s defense lawyer (Mr Ricketts) to argue that the prosecution had failed to prove its case against his client. Mr Barker disagreed. He said it was self-evident that the tea dealer either knew his product was adulterated with ‘foreign matter’ even if he hadn’t adulterated it himself. This was done, he declared, to bulk up the actual tea and cheat the customer. Had it been dangerous to health he would have fined him £20 but as it was not he let him off with a £10n and ordered him to pay the inspector’s costs.

Of course one of the things the EU protects is our consumer and environmental rights, through its stringent laws on trade. Indeed one of the fears some have is that if we open ourselves up to a genuine free market we might have to accept products (such as bleached American chickens) that would not pass EU food standards. We might also note that in 1873 that Britain dominated world trade and that most trade passed through British ports, making money and creating work as it did so.  But in 1873 we had an empire and a navy that was the envy of the world.

Today not only do we longer have an empire but we also have a navy that has been stripped back to the bare bones, to the extent that we only have one aircraft carrier and that is unable to launch the sort of planes we have available. In 1873 we were the major power in the world, truly GREAT Britain. In 1973 we joined a trading community to ensure our future prosperity. In 2019 we may be about to leave that club having grown frustrated with its attempts to evolve into something that resembles a United States of Europe rather than the trade club we signed up to.

Who knows where we go from here and whether this will prove to be a smart move or a disaster that will haunt us forever. History will judge us, and those that made the decisions that led us to this point.

[from The Morning Post, Saturday, March 29, 1873]

From Kennington Common in 1848 to the People’s Vote in 2019; 171 years of democracy in action

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A nation divided against itself, unhappy with its political masters; tens of thousands of people marching though the capital with banners held aloft; a petition signed by thousands of ordinary people which the Prime Minster chooses to ignore. We’ve been here before haven’t we, in 1842 with Chartism. In May of that year a 100,000 people (Maybe 150,000) turned out to accompany a petition supporting the Charter on its way to Parliament. This was a ‘good-humoured and “teetotal”’ procession but later that year, and subsequently, things turned ugly as the Victorian state not only rejected the six demands of the people but deployed the police and military to guard against insurrection.1

By March 1848 Chartism was in decline but radical revolution was very much in the air in continental Europe. 1848 was the ‘year of revolutions’  and in March 1848 London witnessed large gatherings of Chartists in places with long histories of popular protest (like Clerkenwell and Bethnal Green) and a mass demonstration on Kennington Common later that spring, on 10 April. kenningtoncommon-standardThis drew another 150,000 people (right) but the authorities made sure it didn’t go anywhere: troops were stationed throughout the capital at hot spots and no one was allowed to cross the Thames to march on Parliament.

The Charter demanded the following reforms, all but one of which have been achieved today:

  1. Universal suffrage
  2. Abolition of property qualifications for members of parliament
  3. Annual parliamentary elections
  4. Equal representation
  5. Payment of members of parliament
  6. Vote by secret ballot

I doubt anyone (especially Brenda) wants to see annual general elections but in 1848 the government was not inclined to grant any of the Chartists’ demands. The 1832 Great Reform Act had extended the franchise to the middle class but the idea of making it universal was not properly contemplated until the 1860s when Disraeli took his ‘leap in the dark’ and enfranchised very many more working class men.

The 1848 petition was claimed to have 5m signatures but it reality it had fewer than 2m and some of these were faked (it was apparently signed very many times by Queen Victoria). This undermined the Chartists just as much as the violence that some Chartists deployed (in the Newport Rising of 1839 for example) hardened some hearts against them and divided the leadership.

Yesterday (23 March 2019), 171 years after 1848 something like a 1,000,000 people marched through central London and tried to squeeze into Parliament Square. There was no violence and it was all very good humoured.032319-london-brexit-march-01

The police presence on the ground was minimal (the police have other ways to watch crowds these days, evidenced by the helicopters that circled overhead and the ubiquitous CCTV). People came from all over Britain not just from ‘Remoaning’ London, and they brought their children and pets with them.

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There was a carnival, pro-European, feel to the march albeit with a lot of deep felt anger and frustration at the cavalier attitude of the ruling party (and indeed the opposition in Parliament). This was a protest with a very similar purpose to that of the Chartists in that both wanted to see a shift in power from the executive to the people, and both would argue that they were not being listened to.

The petition to revoke Article 50 had passed 4.5m signatures by teatime Saturday (as most of the marchers were making their way home) and the woman that had posted it was hiding in Cyprus after receiving death threats for having the audacity to call for a democratic vote by the people. Today the government doesn’t need to send in the troops to break up demonstrations or have the secret service infiltrate political groups, there are enough trolls and anti-democratic keyboard warriors to do their dirty work for them.

Everything we have achieved as a people in terms of winning concession from our royal or our political masters has been achieved through protest and campaigning. The rich and powerful did not (and will not) give up their privileges easily but we the people are many and they are few, and ultimately they recognize this and bow to pressure when they have to.

From the Peterloo massacre and the first mass movement for electoral reform, through the Chartists to the Suffragettes and beyond this country has a proud history of social protest aimed at holding our rulers to account. A lot has been said recently about what democracy is and what it means to be democratic. Understandably the present occupant of 10 Downing Street believes she is democratically obliged to deliver the will of the people as expressed in June 2016 in the referendum.

At what point however, did anyone sign up to a democracy in which we were are only asked for our opinion once?

1.Jerry White, London in the Nineteenth Century, (London, Jonathan Cape, 2007), p.365