When it is the victim’s character that is really on trial, and that is what really matters in a male dominated courtroom

d197d428faf951c59da2d41c2dcf0896--popular-pop-songs-victorian-london

Sometimes what might seem to be a fairly straightforward prosecution can reveal all sorts of other things, including contemporary prejudices and assumptions. Take this case as an example: in March 1895 George Brown was charged with stealing ‘a metal bracelet and brooch’ from Mollie Dashwood. The location of the theft and the behaviour of the victim both gave the accused (and the newspapers writing up the story) the opportunity to attack the woman’s character rather than treat her as someone who had been robbed.

Mollie (or Mrs Dashwood as she presented herself) told the sitting magistrate at Westminster Police court that on the previous Saturday evening (23 March) she had suddenly felt faint so had dropped in to the Black Horse pub for ‘a drop of brandy’. It was there she met George Brown who was known to the landlord and described as his friend.

George was there with some chums and they invited Mollie to join them in a few drinks. George showed an interest in her bracelet and began to play with it on her arm; flirting with her is how we might see it. After a while he managed to persuade her to go into the billiard room with him, perhaps because it was quieter, and there he helped her off with her boa (her feather scarf that she would have worn as a sort of collar accessory). According to the barmaid at some point Mollie removed the bracelet and her brooch and asked her to look after them, but she refused.

Things were getting a little intimate and the landlord had noticed.  This was what was concentrated on in court as Mollie was cross-examined by the magistrate and the prisoner’s counsel. She was married and gave a (false) address in Catherine Street where she said she lived with her husband. Dashwood was her stage name: she was a former ‘serio-dancer’ who had ‘roved’ (i.e. travelled) a lot. This may have meant that Mollie performed on the stage at the music hall, dancing to popular songs like ‘Tar ra ra boon de ay!’ and showing rather more of herself than was always considered to be ‘respectable’. She had married in May 1883 at a Kensington registry office but she refused to share her husband’s name with the court (or indeed her real address) for ‘strong family reasons’. Maybe he didn’t really exist, the pair were estranged, or, more probably, he didn’t approve of her going out drinking.

It was all very mysterious and was made more salacious when William Temple, the landlord of the Black Horse, said he remembered Mollie calling at his house and borrowing sixpence. She had been a little the worse for drink and had told him ‘he was the only man in the world she loved’. This brought the courtroom out in shared laughter and might have undermined Mollie’s case had not the bracelet and brooch seemingly really been stolen. Where were they and who had them?

Whilst Mollie Dashwood’s reputation was being dragged through the mud in open court and all sorts of conclusions were being leapt to, it was also revealed that Brown had a previous conviction for theft and so the justice decided to send the case before a jury. Brown is hardly an unusual name and nor is George so perhaps it is no surprise that I have so far been unable to see if this case ever came to trial. Given the lack of any concrete evidence against Brown and the level of doubt created by Mollie Dashwood’s ‘unladylike’ behaviour (in entering a pub on her own and drinking with a group of men at the bar) I suspect a jury would have thrown it out anyway.

[from The Standard, Thursday, March 28, 1895]

‘Never was there such a bad season for cabs’: A case of non payment requires a magisterial solution

cabadvert

William Capon had sold his hansom cab and horse to William Crouch because he needed the money, being unable to earn a living from cabbing. Crouch had agreed to pay for the cab in installments but by March 1835 Capon had hardly received more than a ‘farthing’ of the £30 owed to him. In desperation he issued a notice that his goods had been stolen and offered a reward for information about it.

George Hooper saw the notice and later saw the cab parked a cab rank in the City of London. He approached the driver, asked to be taken to the Green Yard where he called for the cab and horse to be impounded. The Green yard had been the City’s pound for centuries and it was here that loose animals – often beasts from Smithfield Market – were taken , to be retrieved on payment of a penalty fee. So it worked very much like a modern car pound.

The cab driver, Crouch, was arrested and taken before Alderman Pirie at Mansion House and Capon came to court to give evidence. The alderman magistrate, having heard the circumstances of the  sale of the cab and the lack of money paid so far confronted Crouch as he stood in the dock:

‘Why don’t you pay this poor man?’

‘It’s all right, sir’, said Crouch, ‘There’s an agreement in writing about the business. I’m sure to pay him’.

‘I’m sure you will never pay him; you don’t go the right way about it’, countered the justice, clearly appalled at the man’s attitude to debt.

‘I would have paid him’ Crouch answered, ‘but there’s been no business doing lately. The right time’s a coming on now, and he shall have his money’. Adding, ‘he [Capon] promised me further time, on account of the badness of the season. Never was a such a season for cabs’, he declared.

March 1835 may well have been a ‘bad season’ for cab drivers but, in the magistrate’s opinion, that didn’t give him the right to cheat (as he put it) the other man out of his money. He ordered the cab driver to return the vehicle and horse forthwith in return for any money he’d already paid over. In court Crouch agreed, but very reluctantly, but when he got outside he reneged on this and refused, citing the written agreement he had with Capon.

Alderman Pirie  was on weak ground legally; it wasn’t really a case of theft, and no jury would ever convict Crouch. Yet he wanted to do something and so he insisted that the cab and horse be handed over from the Green Yard to Capon and not to Crouch. If the latter wished to pursue his claim to the hansom he would have to take it up with the magistrate directly via the law, and not with Capon. This decision, controversial as it was, went down extremely well with everyone in court (William Crouch excepted  one assumes).

[from The Morning Chronicle, Friday, March 27, 1835]

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

mapworkhosue

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]

She said, “You are a couple of old wh—s,” and hit me in the forehead with the brush! Violence in mid century Whitechapel

image-20150922-31504-ubdhqd

Yesterdays’ blog detailed the everyday mundane violence meted out to working class women by men in the capital in the year of the Whitechapel murders, 1888. Today I’ve chosen a case from mid century, which involves violence committed by a woman on another woman.

Margaret Griffin was placed in the dock at Worship Street Police court (in the East End) charged with assaulting Mary Bryan (or Bryant). Griffin was described as a ‘decent looking Irishwoman’ and the alleged assault had taken place in mid January, some two months before the case came up before Mr Hammill, the justice on duty.

The reason for the delay was that Mary had been so badly hurt in the attack that she’d been hospitalized and was only now out of danger and sufficiently recovered to face her abuser.  The magistrate was told that Griffin – who worked as a cleaner – had forced her way into a house in Whitechapel and had demanded to see a women that lived or worked there. She was brandishing a scrubbing brush and calling for the ‘bitch’ to be sent out to confront her. When Mary Bryan got in her way she beat her severely with the scrubbing brush and denounced her (and the other woman) as a ‘ couple of old whores’.

Given the state of Mary’s injuries (which had been treated at the London Hospital on Whitechapel High Street) Mr Hammill decided this was far too serious a case to be dealt with summarily and he fully committed Griffin to take her trial at the Old Bailey.

The case was heard on 7 April 1851 and she was acquitted by the jury. It seems that Margaret was set upon in the house and the injuries handed out were in part deemed to be in self defense by the all male jury.

[from The Morning Chronicle, Friday, March 14, 1851]

Child murder, suicide, neglect, and petty theft: just an average day in London

6a0148c8319d00970c014e8b2a6ace970d

This is the last in this series of posts from one week in 1884 and I’m going to finish it with a summary of the reports that appeared in the Morning Post under the heading ‘Police Intelligence’ which again show the diversity of business the police magistrate courts of the Victorian capital dealt with.

The most serious case was at Clerkenwell where Mr Hosack fully committed Sidney Clay to trial at the Central Criminal Court (at Old Bailey). Clay, a 30 year-old tobacconist from Holloway Road, was accused of ‘having encouraged and endeavoured to persuade Eustace de Gruther, doctor of medicine, to kill and murder’ a baby boy who was just two months old.

Clay’s lawyer argued that the doctor, as the only witness, was trying to implicate his client but the magistrate decided that the case needed to be heard by a jury and bailed Clay for £200.  In late February Clay was tried and convicted at the Bailey but it was recognized that the whole thing might not have been as intentional as it seemed at first. The jury recommended Clay to mercy and the judge gave him just six months hard labour. Interestingly here his age was given as just 21, not 30, so perhaps the reporter got it wrong at the original hearing – a reminder that we should always treat historical sources carefully.

Another tragedy of life was played out in Southwark Police court where Elizabeth Brockett was prosecuted for trying to kill herself. The 31 year-old (if we are to believe the report at least) was seen on London Bridge by a  wharf labourer. John Flanaghan was alerted by a woman’s scream and looked up to see Elizabeth who had just discarded her bonnet and shawl and was about to launch herself into the Thames. He rushed to save her, and, with the help of a policeman, managed to drag her back from the brink.

In court the woman told Mr Slade that she was ‘in great distress of mind, owing to the loss of two children’. She’d been very ill but promised never to try to do anything like this again. She was released back into the care of her husband.

At Hampstead John Redworth didn’t appear when his case was called. He’d been summoned by an officer of School Board for neglecting to send his daughter, Justina (9) to school. This was a common enough sort of hearing but was very rarely reported so what made this one special? Well it was that perennial issue around travelling people. Redworth was a member of a community of ‘gipsies’ who had been camping on Hampstead Heath. Apparently Redworth’s was the only family that had children of school age and so his was the only summons made.

He turned up in the end but too late for the magistrate (Mr Andrews) who had already adjourned the case for a month. The encampment had moved on the magistrate was told, so perhaps the court would decide to leave the girl’s education for someone else to deal with.

At Marylebone William Bliss (a footman) was charged with theft and receiving a china vase. He appeared in the dock with his accomplice and fellow servant Catherine Churchyard. The pair worked for a family in Chelsea and claimed the case had just been broken and they’d hidden the evidence to save Catherine getting into trouble. Mr De Rutzen didn’t buy this version of events and remanded them for a week to see what the police could find out about the case. I fear that at best the couple would have been dismissed from service, at worst they might have to spend some time behind bars.

So in just four reports that day we have a child murder, an attempted suicide, servant theft, and a case of truancy involving travellers. If we added a fraud, a case of domestic violence, and some drunk and disorderly behaviour on the streets in the West End we would have a very normal day at the Police courts of Victorian London.

[from The Morning Post, Thursday, 31 January, 1884]

‘I may be wrong but I think a man can be a Christian and march along without a uniform’: theft and imposture brings the Salvation Army into court

1_herbert_booth_resized

The Salvation Army was founded in 1865 but only adopted its current name in 1878, so in January 1884 (the subject of this week’s series of posts) it was still a fairly new organization. I’ve written about the ‘Army’ several times in this blog and elsewhere and I think it would be fair to say that in its infancy the Sally Army (and it is now affectionately known) was not as well-thought of as it is today.

As a deeply religious Protestant sect it attracted criticism from middle-of-the-road members of the established Church of England. This criticism (which was often sneering) from above was matched by ridicule and antagonism from ‘below’; members of the working class resented the temperance message the Army preached. Many others simply disliked the awful row they made when they marched through London playing brass instruments badly and singing hymns off key.

A quiet Sunday in London; Or, the day of rest.

Cartoon in Punch (1886) showing some of the contemporary ridicule of salvation Army members 

Some of this underlying resentment and  contempt can be seen in the prosecution of a letter carrier at Bow Street Police court towards the end of January 1884. William Hartley, employed in the Chelsea district of London, was brought before Mr Flowers accused of stealing a letter that contained a £5 note. Hartley, it was alleged, had stolen the money and used it to buy a Salvation Army uniform.

When the police traced the missing money and found a trail leading to Hartley he was arrested and held for questioning. He then wrote to the Army at its headquarters in Queen Victoria Street, saying he was attached to ‘211 Blood and Fire Division, Chelsea Detachment’. As a result both the detachment’s commander –a ‘Captain’ Isaac Anderson – and the Army’s solicitor – Mr Bennett – appeared in court also.

The reporter was amused that Bennett, a lawyer, appeared in the uniform of the Army rather than civil clothes and this theme ran through the Morning Post’s article. The lawyer said he regretted any association between the prisoner and the Army and suggested the man was an imposter. After all, he said, ‘any person could have a uniform by paying for it, if he liked to represent himself as a soldier’.

This drew a strong rebuke from the magistrate:

‘The country provides its soldiers with a uniform’ Mr Flowers told him, adding that he ‘didn’t see the use of a uniform, but I may be wrong. I think a man can be a Christian and march along without one, and all the better’.

While he said this ‘warmly’ it was met with applause in the court, indicating that many of those gathered shared his dim view of the Army’s obsession with dressing up and adopting a military outlook. That said it was clear to him that Hartley was guilty of stealing the bank note (and, as it was revealed a 20spostal order and since the theft was both serious (£5 in 1884 is about £300 today, 20 shillings equates to £65) and from her Majesty’s Post Office, he committed him to take his trial before a jury.

Today the Salvation Army has over 1.6 million members across the globe and does a great deal of worthwhile charity work. William Booth, the Army’s founder, wanted a more direct religion for the masses, feeling that the C of E was far too ‘middle class’ to appeal to ordinary people. I suppose the rise of evangelicalism  in the modern period is a reflection of this as well, the idea that Anglicanism is less about God and more about keeping up appearances and retaining social barriers (rather than  breaking them down).

As someone with no organized religion of my own I find them all equally strange but at the same time am happy when Christians (as the Sally Army’s legions of members are) actually practice what they preach rather than simply paying lip service to the sermon on the Mount by their occasional attendance at harvest festivals or carols at Christmas.  The Salvation Army may be odd but it is not full of hypocrites.

[from The Morning Post, Saturday, 26 January, 1884]

A deceptively simple tale of lingerie, scandal, and theft

shopping_london_lewis_allenbyy01

If one of the aims of late Victorian press was to provide some titillation for their readers over breakfast then this tale, from the end of 1888 (a year which we might consider to have had more than enough sensation), certainly fits the bill. It concerns female criminality, exotic foreigners in London, underwear, and the hint of sexual scandal.

When Maria Becherette appeared before Mr Newton at Marlborough Street she commanded the attention of the court and the reporter from Lloyd’s Weekly. She was 23 years old, spoke English with a German accent, and was fashionably well dressed. She gave no address or occupation but nor was she pressed to do so by the magistrate.

Maria was accused of a number of thefts from West End stores, including Liberty’s and Lewis & Allenby in Regent Street. Her modus operandi was simple but effective. On the 14 November she spent two hours at Liberty’s and, having finally selected a number of items of ladies’ underwear, she arranged to have them delivered on account. Giving her name as ‘Lady Coencerl’ she asked for the goods to be sent to the Bath Hotel in Piccadilly.

At Messrs. Lewis & Allenby she had done similarly on the day before; this time giving the name ‘Lady Gorskey’ and directing the items to be delivered to the Continental Hotel. On both occasions after she had left the shop assistants discovered that several expensive items were missing. Mlle. Becherette it seems was a sophisticated shoplifter.

She might have got away with it as well had she not pushed her luck. In the 15 November she was seen in Regent Street by one of Liberty’s staff, who alerted a concierge at the store and set off to follow her. The assistant, Mrs Elizabeth Nicholls, had served the thief and tried to keep her in her sights with the intention of finding where she went. The young German was too alert however, and spotted that she had a tail. She hailed a cab and was about to escape when the concierge leapt into the hansom with her and told the driver to take them both to Marlborough Mews police station.

There she said she was a governess and had recently arrived from Vienna, and denied the accusations of shoplifting. She was charged and presented at Marlborough Street where she was remanded on more than one occasion (for the police to investigate) and then brought up again at the end of the year. In court before Mr Newton Maria cut a sad figure. She stood in the dock with tears in her eyes as the prosecution was presented by Mr Humphreys.

As he now explained that there were allegedly multiple other similar cases against her she broke down and sobbed, finally admitting her crimes. She told the magistrate that while she had stolen the underwear it was ‘not for her own benefit but for the benefit of “the gentleman” she had been living with at Queenborough’.

Before she could go on to add that something the justice stopped her, perhaps mindful that she might reveal his name or add to the implication that the underwear in question was part of some elaborate sexual fetish. Mr Newton remanded her again so that she could, he suggested, give whatever information she had to the police. It might help her defence by mitigating her crime, but it would serve no one for it to be heard publicly.

On the 29 December she was brought back up into court to be dealt with by the magistrate. Mr Newton had presumably decided that despite the relative seriousness of her crimes (in stealing expensive items on several occasions and giving false names each time) it was best to try her summarily. This avoided any further public scrutiny of  the case or her motivations. She was denied the opportunity to name and shame her mysterious ‘gentleman’  or to use her charm on a jury of middle-case men. Instead she was sent to prison for four months and taken away immediately. The reading public were left, like us, to speculate over their toast and marmalade, as to what really lay behind this simple case of shoplifting.

[from Lloyd’s Weekly Newspaper, Sunday, 30 December, 1888; Daily News, Monday, December 31, 1888]