A teenage girl gets the benefit of the doubt

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Since 1908 we have had separate courts for juvenile defendants and even before then there was a recognition that young children at least needed to be dealt with differently when they were caught up in the criminal justice system.

Today we wouldn’t think of placing a child of 13 in the dock of a magistrate’s court. Instead they would be brought before a youth court (if they are aged 10-17) and a parent or guardian would have to be present. The public are excluded from youth courts (but allowed in Magistrates’ courts) and defendants are called by their first name, and the presiding magistrates are specially trained.

The emphasis is on the welfare of the child, rather than their supposed criminality or deviant behaviour. Serious charges (murder for example) will potentially  end up before a judge and jury but nearly all other youth crime is heard in a Youth court where the legal process is more relaxed and less intimidating.

In the mid nineteenth century things were a little different. Welfare was not uppermost in the minds of the penal authorities and children were routinely imprisoned and even transported for a whole series of offences. Earlier in the century children (those aged below 16) could still end up on the gallows if they were convicted of murder, although this was extremely rare. So in 125 John Smith was hanged for burglary, he was 15; more infamously John Any Bird Bell was executed in 1831 for murdering a 13 year-old child, John was only a year older himself.

So when Anne Mabley appeared in the dock at Southwark Police court it’s no wonder she sobbed through her entire hearing. Anne was 13 and was accused of stabbing a younger child, nine year-old Richard Sparrowhall in the face.

The court was told that as Richard had passed Anne at ten that morning (the 19 September 1847) in Bermondsey she called to him. As he turned she asked him ‘how he should like to have his head cut off!’

Not surprisingly Richard replied that he wouldn’t like it, not at all!

But Anne produced a knife and tapped him on the shoulder with it. He pushed her roughly away, presumably in defence, and she stabbed him in the face. The blade cut his cheek below his eye and, very fortunately,  did little damage. Anne panicked and ran away but several witnesses saw what happened and caught hold of her.

While the lad was taken to have his wound looked at Anne was questioned by a policeman. She denied do anything and swore she had no knife but PC 159M soon found it and arrested her. He brought her straight to court as a day charge and her mother was sent for.

In between her tears Anne swore it was an accident, a joke that went wrong and said she’d been using the knife to trim her nails. The magistrate was inclined to believe and since Richard had escaped serious injury common sense prevailed and Anne was released into the care of her mother. So this story has a happy ending but on another day the 13 year-old girl could have faced a custodial sentence, of several weeks or even months, in an adult prison. The consequences of that experience may well have mentally scarred her for life, just as her attack on Richard might have scarred him physically.

[from The Standard, Monday, September 20, 1847]

September 1888: A killer in the East overshadows the everyday reality of domestic abuse in Victorian London    

Catching Jack

I have just completed the final draft of my ‘Ripper’ solution book and its now off with my co-author for his last amendments. We have to do a little work on the images and maps but it looks like we will comfortably meet our end of September deadline. Having put down my pen (so to speak) on the project I thought I’d return to Whitechapel in 1888 to see what was going on in the Police Courts of the capital in the midst of the most infamous murders London has ever known.

For context, by Wednesday September 18 1888 the murders of four women were being investigated by the police: Emma Smith (4/4/88), Martha Tabram (7/8/88), Mary Ann Nichols (31/8/88), and Annie Chapman (8/9/88). Within  less than two weeks both Elizabeth Stride and Catherine Eddowes would be added to that list, their murders occurring within an hour of each other.

Very few people (including me) believe Smith to have been a ‘Ripper’ victim and some dispute whether Tabram was. Either way, by this time 130 years ago the police were desperate to catch a murderer who was mutilating defenseless women in the heart of the East End.

Meanwhile over the river at Lambeth Henry Baker (alias Williams) was being charged with the attempted murder of Mary Cowen. The attack had taken place in mid July but Mary was dangerously ill in St Thomas’ Hospital, and was too weak to attend court until early September. However, on the day of the first committal hearing she failed to appear in court to prosecute the case against Henry.

The policeman in charge of the case, Chief Inspector Chisholm, had then told the magistrate at Lambeth Police court that he was convinced that friends of the prisoner had conspired to prevent Mary giving evidence that day. Mr Biron had granted the police a warrant to force her to attend at a subsequent date, and therefore she was in court on the 18 September to start the case against her attacker.

Mary Cowen was still suffering the effects of the assault: ‘she appeared very ill, and evidently was most reluctant to give evidence against the prisoner’, the paper reported. The case was opened by the Treasury solicitor Mr Pollard. He ascertain (‘with some difficulty’) that Mary had lived with Henry in Birmingham but they had been separated ‘for some time’. As was the case much more frequently than we might imagine today, many working class couples lived as man and wife without ever formally marrying.

In July the couple had met in London and had a violent argument. She admitted striking her ex-partner in the face with her bag and calling him ‘foul names’. That was the 10 July 1888 and on the following Monday, the 16th, he found her again and this time he attacked her, stabbing her two or three times with a knife. Mary collapsed and lost consciousness. Someone must have helped her because she woke up in hospital.

Henry Baker denied the attack and objected when the solicitor played his trump card and produced a written statement, from Baker, admitting his guilt. Baker said no one could prove it was his handwriting but Mr Pollard begged to differ. The crucial witness was Mary however, and having finally persuaded (or forced) her to testify against her former lover the police must have ben relatively confident of securing a conviction. Mr Biron now fully committed the man to trial at Old Bailey for the attempted murder of his common-law wife.

The trial did take place, on 22 October 1888 and ‘Harry’ Baker was convicted, not of attempted murder but of the lesser offence of wounding. The court report stated at the end that:

the prisoner, ‘in his defence stated that he had been subjected to great annoyance by the prosecutrix, whose habits were very intemperate, and that he pleaded guilty to assaulting her after great provocation’.

An all male jury clearly agreed with him and even when he’d admitted having a previous conviction (from 1887 in Chester) the judge merely sent him away for a year’s imprisonment.

This is the surgeon’s report of the injuries Mary had sustained (and that Baker admitted inflicting):

The prosecutrix was brought there [St Thomas’ Hospital] with a deep incised wound on the right side of the chest, penetrating into the cavity of the chest, between 3 and 4 inches long and 1 inch deep or more, and another wound in her back behind the right shoulder blade an inch and a half long and half or three-quarters of an inch deep; there was considerable bleeding from the wound in front, a large artery was divided—she was in very great danger for some time—she remained in the hospital till September 3rd and after having recovered to some extent was allowed to go—her life was in danger till July 22nd

When juries were prepared to accept as mitigation the accusation that a ‘wife’ was ‘intemperate’ and that being called ‘foul names’ and slapped in the face with a bag counted as ‘provocation’ it is quiet easy to understand why women were so reluctant to prosecute their husbands and partners in the late Victorian period.

We should also see the actions of a misogynistic serial killer in the context of the way women were treated everyday in the 1880s, and not view him as an aberration (a ‘monster’) or some sort of criminal mastermind. Women were beaten up, stabbed, abused, raped and murdered on a very regular basis in the nineteenth century and ‘Jack’ wasn’t the only one to get away with it.

[from The Standard, Wednesday, September 19, 1888]

The histrionic farrier from Luton who drank himself silly at Barnet Fair

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I grew up in Finchley in North London. It was then (and is now) a multi-cultural  suburban centre with a busy high street, a couple of nice parks, and good transport links to central London. However, a quick glance at G. W. Bacon’s atlas of the capital (see below right) shows that in 1888 (when the map was published) there was very little of the modern Finchley in evidence.

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Church End (where I went to school) is just a small village and there are open fields all the way to what is now East Finchley. The railways (The Edgware, Highgate & London line) is there, as is the main southbound road towards Temple Fortune, Golders Green and then the main metropolis. Barnet, in the late nineteenth century then, was a largely rural place with pockets of suburban growth. This is reflected in this case from Highgate Police court in September 1898.

Thomas Hopkins, a 48 year-old farrier was brought up to answer a charge of being disorderly and of damaging a police cell.  The man wasn’t from Highgate or Finchley but had travelled down to the Barnet Fair from Luton in Hertfordshire. He’d been found at Whetstone on a Monday night, drunk as a lord, ‘behaving in a very disorderly manner’. The local police arrested him and locked him in a cell to sober up overnight.

Hopkins was belligerent however and made a great deal of fuss. He demanded water and complained that he was being allowed to die in the cell. When Sergeant Goodship went to see what all the noise was about the farrier threatened him saying:

‘If you don’t let me out, you will be hung in two minutes’.

It was an empty threat but typical of Hopkins’ histrionic manner. Throughout his arrest, incarnation and appearance in court Thomas managed to embroider his tale with exaggeration and melodrama. It amused the court’s audience if not the magistrates sitting in judgement on him.

‘I’m dying’, he told the police who had locked him up.

As he attempted to destroy his cell he promised to pay for all the damage, ‘even if it’s a thousand pounds’.

For context £1,000 in 1898 equates to about £78,000, which would pay a skilled tradesman wages for almost a decade!).

In court he was asked to explain himself and told the bench that on the previous Sunday he’d got two horses ready in Luton. One he intended to ride, the other would led by his assistant. But his wife refused to allow ‘his man’ to travel as well (perhaps thinking she’d need him at the stables).

He rode for 20 miles and called ahead for someone to meet him (who never showed up). He carried on and said he’d now walked for 200 miles, which collapsed the court in laughter. Luton is about 30 miles from Barnet so Hopkins was exaggerating wildly for effect. He wanted to show how far he’d tramped and how thirsty he was.

He was worried about falling victim to robbers as well. ‘There are any number of roughs lying about there’, he explained and revealed that he always carried a knife up his sleeve. When the police arrested him they took his knife away, and he lay still on the floor and pretended to be dead, ‘but I knew I wasn’t’, he added with perfect (if not necessarily deliberate) comic timing.

As the magistrates struggled to contain the laughter in the courtroom Hopkins played his final card. He claimed the police had try to kill him.

‘They gave me enough poison to kill the whole world’ he told his enthralled audience.

Sergeant Goodship gave a more rational explanation:

‘He told me he’d been drinking hard for a fortnight’.

The court was told that a doctor had been supposed to examine him in Luton before he left for the fair but hadn’t managed to before the farrier set off. Perhaps his wife and friends had been worried about the sate of his mental health. The bench could see that all was clearly not quite right with Thomas Hopkins and remanded him to the nearest workhouse infirmary so he could be checked out by a doctor. Ultimately, ‘mad’ or not, he would be sent back to Luton and his wife, though what fate awaited him there was unclear.

Barnet has had a horse fair since the middle ages and it would have drawn men like Thomas Hopkins from all over the south east of England. Horses and cattle were traded there and there was racing as well, at least till 1870. Now it exists as annual local festival, not a horse fair. The name of course is probably better as coated with cockney rhyming slang – Barnet Fair = Hair. So on Friday, after work, I’m off to get my Barnet snipped.

[from The Standard , Tuesday, September 13, 1898]

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]

‘Oh don’t do that. It is I and not he who should be punished’: A wife’s desperate plea to save her abusive husband

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North-east London, almost a year from the start of the Whitechapel murders and the newspapers reports of the Police courts are full of violence. On the Commercial Road a blind man was repeatedly stabbed in the face, at Wandsworth two lads were summoned for beating up a newsboy so badly he was left hospitalized and unable to walk. In Islington a mother punished her 7 year-old son for losing the money she’d sent him to by bread with. Not content with a clip round the ear she pressed a red hot poker in his mouth, burning his tongue.

Over in Hackney two policemen were patrolling near Cross Street late on Sunday night (4 August 1889) when they heard cries of ‘murder!’ and ‘police!’ They hurried towards the sounds and found a small crowd by a house and a woman bleeding from cuts to her arms. A domestic dispute had occurred – something the police were generally rather keen to avoid but perhaps the heightened tensions in the wake of the ‘Ripper’ caused these officers to intervene.

William Elvidge was standing close to his wife Alice and it seemed he had attacked her. Both parties were taken to the police station to be examined and for Alice’s wounds to be dressed.  She’d suffered two cuts only one of which was at all serious, cutting her muscle but she didn’t want to press charges against William.

‘The police, however, thought themselves justified in taking the responsibility of the charge’, and so the case came before Mr Horace Smith, the sitting magistrate at Dalston Police court. Magistrates were often frustrated by the reluctance of women to prosecute their partners; too frequently they simply dropped the charges before their hearing came on, refused to give evidence against husbands in court, or pleaded for mercy for the when they were convicted.

Alice was a woman in this mould.

The court was told that the incident had resulted from William being ‘late for his tea’. An argument had begun and Alice had thrown a plate at her husband who had retaliated by seizing a knife and threatening to ‘cut her throat’.

The magistrate said this was a case that needed to go before a jury and indicted Elvidge to appear at the next Sessions of the Peace. This sent Alice into ‘violent hysterics’ as she pleaded with the justice not to send her man to trial.

Oh don’t do that. It is I and not he who should be punished’, she cried. ‘He is a good, kind, affectionate husband, and good to his children’.

As she was led away by a policeman she screamed:

Oh, dear, it’s all through me!’

[from The Morning Post, Tuesday, August 06, 1889]

‘Let me finish mother off, and I will do for you’; a desperate attempt on a defenceless woman.

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Prisoners quarrying at Portland Prison c.1880s

Celia Harrison was having tea with her aunt and her grandmother, Emma Harrison, on 22 July 1895 when there was a knock at the door. It was 6 o’clock the 10 year old recalled and when her grandmother answered the door it was father who stood in the doorway. The visitor (William Harrison) demanded to know if his brother Jack was at home. He wasn’t and the elderly woman seemed nervous and wasn’t inclined to let her son in.

William seemed angry and perhaps a little under the influence of alcohol. Celia heard him say: ‘I mean doing for him when he does come home’ and she saw that he was holding a knife. Celia, in fear, ran out into the garden.

Charles Rattison was a tram driver who lived upstairs from the Harrisons at 6 Salisbury Road, Highgate. Just after 6 o’clock he heard raised voices coming from below. When he heard a cry of ‘murder!’ he leapt up from his chair and rushed downstairs. To his horror he saw Emma Harrison flat on her back on the floor with her son William sitting cross-legged on top of her, slashing at her throat with a knife.

Rattison acted swiftly, wrestling the man off of her. In his rage William, who couldn’t see who his attacker was, growled at him: ‘Are you Jack?’ ‘No’, Rattison replied, ‘I am Charley’. William Harrison now said:

Let me finish mother off, and I will do for you’.

Fortunately he didn’t get the opportunity because another neighbour arrived and managed to take the knife from him. Harrison fled before the police could get there but PC Thomas Russant (637Y) caught up with him as he tried to escape. The copper was threatened by the would-be assassin who told him:

Where is my bleeding knife; I wish I had a sharp-shooter, I would put some of your lights out’.

On the 23 July Harrison was in court before the North London Police magistrate. Detective Sergeant Godley testified that the victim was too ill to attend but that she was thankfully recovering well in the Great Northern Central Hospital. He added that Emma was the widow of a policeman who had been pensioned off in 1876 after ‘many years service’ to the force. I imagine Y Division viewed this attack as if it was perpetrated against ‘one of their own’.

William Harrison stood impassively as others, including his daughter, gave their evidence. The magistrate remanded him for a week so that his victim had more time to mend in hospital before giving her version of events. This took some time, she was, after all, 68 years of age and so the case didn’t come before a jury until September that year where William Harrison was convicted of causing grievous bodily harm. The jury rejected his plea that he was drunk at the time, not that it was an excuse anyway. Harrison had form as well, having previously been prosecuted for wounding his wife. On that occasion he’d gone down for 11 months. This time the judge sent him away for 7 years of penal servitude.

William Harrison, who was simply described as a labourer, served five years and three months of his sentence, much of it at Portand Prison. He was released on 1 December 1900 at the age of 44. Thereafter he seems to have escaped trouble with the law but whether his wife and family were happy to have him back is less clear.

[from The Standard, Wednesday, July 24, 1895]

‘A contemptible, ill-conditioned fellow’ attacks a woman near Marble Arch

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Horses were a familiar site in mid-Victorian London. They pulled omnibuses and carts, hackney carriages and coaches, and – since this was still an age without the automobile – plenty of individuals daily rode their horses across and about the city. So, just like today when there are thousands of learner drivers struggling to negotiate the busy streets while remembering to change gear and indicate, there must have been dozens of people learning to ride.

Of course, most of these would have been wealthy because it was only the rich and aristocratic who could’ve afforded to keep and ride horses in London and so its not surprising to see that the victim in today’s case was Lady Elizabeth Chichester (née Dixon), the wife of Francis Algernon Chichester, captain in the 7th Hussars.

Lady Chichester was out riding with her riding master, William Jackson, and the pair were on Cumberland Street when a man rushed at them close to Marble Arch. He bumped into Lady Chichester and then staggered away, it seemed obvious to Jackson that the man was quite drunk.

As he moved away Elizabeth exclaimed that the fellow had cut her clothes. The man now started to run and Jackson shouted ‘stop him’  and he was soon captured by a nearby policeman.

The following morning the man – James Johnson, a 24 year-old upholsterer living at 40 Marylebone Lane – was brought before Mr Yardley at Marylebone Police court charged with being  drunk and ‘cutting the riding habit’ of Lady Chichester. Elizabeth revealed that she’d spotted a knife in his hand as he lurched towards her, which must have been frightening.

In court Johnson had little to say for himself and didn’t challenge any of the evidence of the witnesses that spoke there. He said he couldn’t remember much about it as he was drunk or, as he put it, he’d ‘had a drop too much to drink’.

Mr Yardley sad drunkenness was no excuse for what he’d done and Johnson accepted this adding that he was prepared to pay for a new riding habit for the lady. This wasn’t enough for the magistrate who was determined to show how disgusted he was by the man’s behaviour.

Can you show any reason why I should allow you to go upon that paltry excuse?‘ he asked the defendant in the dock.

Well, no sir‘, was the reply.

You seem a contemptible, ill-conditioned fellow, and I should not be doing my duty if I allowed you to go upon the payment of a fine, or  to pay for the damage. I shall sentence you to one month’s hard labour‘.

James Johnson looked shocked, but before he had time to react he was led away and taken down to start his sentence.

[from The Morning Post, Wednesday, July 22, 1863]