‘Sisters’ show solidarity as their bigamist husband is gaoled

north-finchley-1896-1913_hosm65693

One of the more unusual crimes to reach the Central Criminal court at Old Bailey was bigamy. I say ‘unusual’ because amongst all the violence, theft and fraud it appears to represent a more ‘civil’ offence (legally speaking). Like divorce, or breach of promise, we might have expected it to be dealt with by the civil courts rather than the criminal. But unusual also, because it was rare.

Bigamy was contained within the Offences Against the Person Act of 1861 (14 and 15 Vict. c.100) which stated:

Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding seven years.

 In 1878 Walter Horace Bartlet, a 22 year-old carpenter living in Friern Park, North London, appeared at Hampstead Police court charged with that offence. Both his wives were in court to witness the hearing but Emma Bartlett (his first and only legal spouse) was not permitted to give evidence under the terms of the legislation on bigamy.

Bartlet’s sister was also present, having been subpoenaed by the police, and she told the court that her brother had married Emma ( neé Hughes) at Handsworth Old Church in  Birmingham in May 1878. Walter had left the midlands and come to London for work and had found digs in Finchley where he met Emily Young. Emily was a domestic servant who lived with her mother in North Finchley.

The pair had courted ‘for three or four months’ before Walter popped the question. He never once told Emily he was already married and on the 7 December the couple were wed at St John the Baptist’s church, Hoxton. Poor Emily was informed on her wedding night that her husband was already married and it was her that got in touch with Emma in Birmingham.

In court the women stood side by side in solidarity, both having been wronged by a man that had deceived them. Mrs Emma Bartlett signed the charge sheet and the magistrate formally committed the young carpenter to take his trial at the Old Bailey. On the 13 January Walter pleaded guilty as charged and was sent to prison for twelve months.

The law has changed little since 1861: it is still an offence that carries a prison sentence (although there is now an allowable defence for the person that genuinely believed their former spouse was dead). In 2008 Roderick Sangster (a former Church if Scotland minister) was sent to prison for three years for marrying one woman while still being married to another. He probably didn’t help his case by skipping bail and going on the run, he also ran up large debts in his wife’s name, forging her name on a loan agreement.

As with the Victorian case it was Sangster’s wives that were the victims here, which perhaps help explain why this offence is dealt with alongside others which leave someone hurt, emotionally, physically or financially.

[from Reynold’s Newspaper, Sunday, 29 December, 1878]

Bigamy was rare but for other articles in which it features see:

Is it better to plead guilty to bigamy than risk prison for debt?

The sailor and his two wives (or is it the wife and her three husbands?)

‘Matrimonial miseries’ in the East End of London

A pantomime villain is hissed out of court

a46642af930763c30b9970139bd1d9c4-teaching-theatre-the-gothic

Horace Moore was a blackguard. He was the sort of character that might have  appeared in a Dickens novel and, at the end of his court appearance in December 1887, the watching public treated him accordingly.

Moore wasn’t in court for anything criminal he had done, in fact he wasn’t in the dock at all. He had chosen to go to court to prosecute a man that had assaulted him but it was the circumstances surrounding the assault – and the reason for it – that earned him the opprobrium of the public gallery.

Horace Moore was the son of a hay and straw dealer and lived at home on the Harrow Road. From this we might ascertain that he was a young man, probably in his early twenties. In November 1887 he was ‘walking out’ with a young lady named Miss Battrum. Horace’s brother was engaged to the girl’s sister and the couple had met at Yarmouth earlier that year.

As Horace and his companion strolled together on the 27 November Mrs Battrum (the young woman’s mother) came up behind and overtook them. She stopped, raised her umbrella, and struck Horace repeatedly over the head with it. Words were exchanged and Mrs Battrum led her daughter away.

The very next day Horace was having his shoes cleaned by a shoeblack on the Harrow Road when Mr Thomas Battrum marched up to him. He said he had insulted his wife the previous day and then hit him on the head with his fist, ‘which knocked his hat off and sent him staggering’. It was this assault which prompted the summons to Marylebone Police court.

So what had merited this seemingly unprovoked attack on a young man walking out with his girlfriend? Under cross examination by Battrum’s lawyer the truth gradually began to emerge that Horace Moore was the sort of person that enjoyed the company of women but was very far from being any father’s ideal son-in-law.

At the time Moore had met Miss Battrum at Yarmouth he had just the subject of a civil prosecution in which he had lost. He had been found to have seduced a young woman named Miss Bosher who was under 16 years of age. For that he was made to pay compensation of £250.

This was not his first offence although it may have been the first one for which he was successfully prosecuted. Miss Bosher had testified that Moore had told her he had been accused of seducing a Miss Goddard but added that ‘nothing came of it so it would be all right’.

Moore denied this and also denied ‘having ruined a Miss Taylor or any one of the name’. He wasn’t engaged to Miss Battrum he explained to Mr Cooke (the sitting magistrate) ‘he was simply walking out with her as a friend’.

The assault had been violent and he had lost the sight in one eye as a result of it. The court could not ignore the violence but Mr Cooke was not about to let a father’s defense of his daughter’s reputation earn him anything more than a slap on the wrist. What he had done was simply what any man might have done faced with the revelation that his daughter was dating such a dishonest and predatory young man.

The magistrate told Buttram that ‘no man had any right to commit an assault, no matter what the misconduct of another might be’, and then fined him sixpence, an entirely nominal sum for the builder to pay, and refused to award any compensation to Horace Moore. As the young man left the court ‘he was hissed’ like the villain in a Victorian melodrama. With a bit of luck the publication of his name by the papers would alert his future victims (or at least their fathers) to steer clear of his romantic advances.

[from The Standard, Friday, 9 December, 1887]

The estranged husband, his drunken wife, and the bent policeman

lambeth2

Bishop’s Walk, Lambeth (sometime in the later 1800s – it must be before the 1860s as the police are still wearing stove pipe hats). 

This is an unusual case that arose from the all too usual complaint of desertion. In this example a ‘respectable tradesman’ named Mason was summoned to appear at Lambeth Police court to answer a charge that he had deserted his wife and left her chargeable to the parish. In many cases of this sort the husband was effectively forced to maintain his wife because the alternative was that the ratepayers would have to.

However, this case was a little different as Mr Mason was not held accountable and the actions of a policeman who was involved in the process were distinctly questionable. This is probably why this otherwise mundane example of the daily work of the police courts made it into the papers.

Mrs Mason appeared in court in late November 1848 and was described as being ‘showily-dressed’ (which gives us an indication of the reporter’s opinion of her. She told Mr Elliot (the sitting magistrate) that two years previously her husband had sold off all the family furniture and had turned her out into the street. He had initially allowed her 10 shillings a week and she had returned to friends in Carshalton, but in August he stopped the payments to her. Since her husband lived in Lambeth that parish now became liable for her maintenance under the terms of the poor law.

Her husband explained that he had claimed a legal exemption to the support of his wife on the grounds that she was adulterous and called a witness to prove it. This man, another tradesman who knew Mason and his wife, admitted spending time alone with the woman but said he had no idea the pair were married. Mrs Mason vehemently denied she had done anything of the sort  but her estranged husband’s solicitor vowed that he could prove her a liar.

Given this development Mr Elliott adjourned the case and the parties returned to court on the 6th.

Now the tradesman’s brief produced a police constable – Samuel Booker (125P) who testified that on the night after the Mrs Mason had first appeared in court (which would have been Wednesday 29 November) he had found Mrs Mason much the worse for drink outside the Flying Horse pub in Walworth Road. She was, he added, ‘surrounded by bad characters’ and asked the officer to find her a bed for the night. Instead he lifted her up and accompanied her back to the police station. On the next morning (Thursday 30/11) she was brought up at Lambeth on a charge of being drunk and incapable.

PC Booker was now cross-examined and it was put to him that he had seen Mrs Mason earlier that evening, at about 9 pm. He said he had not but did recall talking to another lady who asked him to ‘procure a Carshalton bus’ for her. Surely this was one and the same person, the magistrate enquired. No, said the constable, he was quite sure this was a different woman.

I suspect he was lying, perhaps to conceal some relationship (however temporary) between them. He came unstuck when a gentleman appeared to say that he had seen PC Booker and a woman that looked remarkably similar to  Mrs Mason at seven that evening, outside a gin shop near Newington Church. He watched as the woman entered the shop and was followed in by the policeman a few minutes later.

The witness swore that a short time afterwards the man left by a different door. He challenged the officer as to his conduct and said he would report him. He was ‘not a little surprised on the next day to find that the policeman brought the same woman to court on a charge of drunkenness’.

So, what had the policeman been up to? Drinking with a woman while on duty? It wouldn’t be the first time.

But why did he arrest her, and then not let her go without a court appearance? Was he after a bribe, (monetary of otherwise) and are we meant to consider the possibility that Mrs Mason was prostituting herself to make ends meet? Again, she would not be the first poor woman to resort to this when her husband had left her penniless.

Mr Elliott judged that further enquiries should be made into the conduct of PC Booker, who would have to wait nervously on his sergeant and inspector’s decisions. As for Mr Mason however, there was no reason – the magistrate determined – why he should support a woman who behaved as badly as his wife had. Her claim for support was rejected and she left court as poor as when she arrived. With her reputation in tatters, little hope of divorce, and what seems like ‘the drink habit’, her future looked bleak.

[From The Morning Chronicle (London, England), Thursday, December 7, 1848]

A glimmer of hope for an abused wife in Somers Town

mrsid2jpeg

According to the memoirs of one of London’s Police Court magistrates the working class believed that magistrates had the power to divorce married couples. In reality divorce was out of the question the poorer classes as it was an expensive legal exercise which effectively excluded all but the wealthiest in late Victorian society. Police magistrates in London could however, order a legal separation and require a husband to continue to maintain his wife.

We can see an example of this in a report from Clerkenwell in 1885. Richard Davis, a labourer living at 12 Churchway in Somers Town, was brought before Mr Hosack and charged with assaulting his wife. This was a common enough accusation levelled in the police courts, hundreds of women prosecuted their partners on a weekly basis in London.   In most cases the accusation was enough and when the couple appeared in court the wife would either drop the charge or plead for leniency, often whilst she stood in the witness box sporting a black eye or swaddled in bandages.

The police rarely intervened in ‘domestics’, and were not supposed to intervene unless ‘actual violence is imminent’ (as the Police Code stated). Most of the time they were called after violence had occurred as I have described on numerous occasions in previous posts here. In court this was the only situation in which a wife could testify against her husband but the difficulties in doing so were considerable. A wife that prosecuted her husband might fear retribution, or the loss of his earnings should he be imprisoned (which was one of the options that magistrates resorted to when confronted with wife beaters).

Mrs Davis had been brave enough to challenge her husband’s abuse in public; it was very unlikely to have been the first time that he had assaulted her and perhaps she feared that if she suffered in silence the next attack might be worse, fatal even. In court Mr Hosack heard that Davis ‘constantly ill-used his wife’. On this most recent occasion he had arrived home drunk, the pair had argued and he had hit her with a chair. The labourer then picked up a paraffin lamp and hurled it at her. Fortunately it missed but it caused a small fire, which must have been terrifying.

Perhaps because Davis’ actions threatened not just the life of his wife but also those of his neighbours the magistrate decided to send him away to cool down. He sentenced him to three months at hard labour, which would certainly impact on the man and remind him that his wife had the power to resist.

More importantly perhaps Mr Hosack ordered a ‘judicial separation between the prisoner and his wife’ and told Davis that on his release he would have to pay her 10a week maintenance. He could make the order of course but could he compel the man to pay? I doubt it. As a labourer recently out of gaol Davis would have few prospects of finding well-paid work (if any at all) and 10was not inconsiderable.

Mrs Davis’ best option was to find a new home with friends or family and hope Richard did not find her. If she wanted his money she would have to fight for it, and that meant taking him before the courts again if he failed to pay.

[from The Illustrated Police News, Saturday, December 5, 1885]

The odds are stacked against a young wife at the mercy of her cruel and abusive husband

courtroom_1_lg

This week my undergraduate students at Northampton have been looking at marital violence in history. I’ve set them reading by a variety of historians that will (hopefully) allow them to look at the way spousal abuse was perpetrated and prosecuted in the 18th and 19th centuries. Much of it was predicated on the prevailing ideology of patriarchy.

English society in the 1800s was fundamentally male dominated. Men held all the positions of power (save one, that of monarch after 1837) and women were effectively excluded from most decision-making.

All the Police Court magistrates I write about were men, as were all the judges and jurors at the Old Bailey. Policeman were exclusively male, most other parish officials were men, and almost all senior employers were male as well. In the household the man was dominant too; while the ‘rule of thumb’ can be over-stressed men did have (or believed they had) the right to discipline their wives and children if they thought it necessary.

Police Court magistrates dealt with a huge amount of domestic violence, nearly all of it directed at the wives or common-law partners of working-class males. Men like James Bridgeman clearly believed they were entitled to hit their wives. This had been instilled in them from childhood as they witnessed their fathers beating their mothers for the most trivial of reasons. Often the men were drunk and simply resented being questioned as to the time they were coming in. On other occasions they complained about the food they’d been presented with, or about how long they’d had to wait to get it.

Abuse was frequent but women less frequently did much about it. Some fought back and London women were a tough lot by most accounts. But the scales were hardly balanced and years of abuse took its toll. Some wives fled, others were cowed and suffered up in silence. A few took their husbands before a magistrate, often hoping he would give them a divorce. It was a forlorn hope; justices had no power to permanently separate married couples.

Many, presented with the choice of seeing their abusive husband go to prison for beating them chose instead to take them back, fearing worse punishment if they didn’t or a worsening of their economic situation (and that of their children) if he was ‘sent down’. A ‘bad’ husband was sometimes better than no husband at all some must have reckoned.

James Bridgeman was a ‘bad husband’. He beat his young wife often despite them being relatively newly wed. He had spent two ‘unhappy years’ married to Ellen, as she told the Police Court magistrate at Clerkenwell. Then, one day in November 1884 things got worse.

On the 10 November they quarrelled and Ellen left to go back to her mother in Elsted Street, Walworth. On the next morning James turned up at his mother-in-law’s house and asked Ellen to come back to the family home in Newington Causeway.

She refused and he asked her if she would at least go to court to ‘get a separation’. ‘No, I have not got time’ was her reply. The next thing she felt was a sharp pain in her neck as her husband stepped her with his clasp knife.

The witnesses that saw the attack or saw him before he stabbed her said the knife was already open; he had intended this violence or anticipated her rejection at least. She was saved by the appearance of her mother and another man who pulled Bridgeman off her.

As James ran off, Ellen was taken to the police station where her wound was dressed. Soon afterwards James gave himself up at the station and Ellen charged him with the attack on her. In court before the Clerkenwell magistrate Ellen deposed that he had threatened her when he visited her at her mother’s.

He told her: ‘If you don’t live with me, I’ll do for you’.

The magistrate first remanded him then committed him for trial at the Old Bailey. There Bridgeman tried to claim that his wife stayed out late and was ‘living an immoral life’. It was an easy slur to make and Ellen vehemently denied it.

He also tried to argue that it was an accident, that Ellen had walked into him as he was using his knife to trim his nails. She had a inch deep cut in her neck and bruising around her throat where he had grabbed her.  Bridgeman had told the police and the magistrate that he acted as he had because he was entitled to do so, and this was reported in court.

Why had he stabbed her?

‘Only for her stopping out all night as she has done I should not have done what I have done’, was his defence.

It was the defence of all violent abusive men in the 1800s. The jury found him guilty of lesser offence than that with which he was charged. He was young (just 22) and the judge respited sentence. In the end he seems to have gone unpunished, no record exists that I can find of any sentence, so maybe some leniency was shown to him. The fact that the police surgeon didn’t think Ellen’s wounds were ‘dangerous’, and she recovered soon afterwards probably helped his cause. And the fact that the jury was male and he had publicly accused her of being a disobedient spouse.

I hope that ultimately she escaped him, because the chances are that such a brutish man would be quite prepared to make good on his threat in the future.

[from Lloyd’s Weekly Newspaper, Sunday, November 23, 1884]

Interfering mothers-in-law at Westminster give the ‘beak’ a headache

ea3c49f0e8bab59735c4ba50902bd218--real-estate-investor-vinegar

Some of the cases that came before the Police Court magistrates seem particularly unimportant or trivial. It must have been quite frustrating, if not downright annoying, to have to listen to a never ending stream of petty disputes and grumbles on a daily basis, but moments of humour will probably have helped to lift the mood.

On the morning of the 16 November 1888 while Francis Tumblety (a suspect in the Ripper murders case) was being bailed at Marlborough Street, a young wife appeared at Westminster in answer to a summons taken out against her by her husband.

No names were given (perhaps to protect the couple and give them a chance to ‘move on’ with their lives) but they were newly wed and, it seems, barely mature enough for this life-long commitment.

The wife – described as a ‘mere girl’ – broke down in the dock, ‘cried and seemed greatly distressed’. She had been summoned for attacking her husband with a broom (which caused much laughter in the courtroom). She denied doing so and said she loved him and wouldn’t never hurt him.

However this public investigation into their married revealed the influence of each of the couple’s mothers, both of whom seemed unable to let their offspring go.

The husband was just 21 years of age and a sorter in the Post Office. Recently his mother had encouraged him to come back to his old home and declared that ‘the poor boy looked  bad’; implying that she (and not his wife) needed to look after him properly.

The poor wife complained that while he earned nearly a pound a week she was struggling to cope with paying the rent, and managing the family budget on the 13 a week he gave her. My students struggle to cope with their first year away from home, why should we expect it to be that much easier for Victorian newlyweds on a similarly limited income?

The situation was not helped by the fact, revealed in court, that the wife’s mother lived with them. She was a nurse and it was inferred that she was staying close to them as her daughter was pregnant. Had they married because she was with child? It is not unlikely.

In denying that she’d hit her partner with a broom the young wife did admit that she was ‘subject to fainting fits’. She explained that ‘when I have felt myself “going off” I may have seized my husband’s wrists and dug my nails into his flesh “unconsciously”‘.

The magistrate, (Mr Partridge) waived her away. Her husband had not attended to press the summons nor had he declared his intention to renew it. So as far as he was concerned it was at an end. He hoped that she would go home to him and advised them to ‘make up their differences’. As for her mother-in-law, he urged her to ‘live apart from them, and not interfere’.

If this marriage was going to work it required both mothers to accept that their children were adults now, with their own lives to lead.

[from The Standard, Saturday, November 17, 1888]

A vicar refuses to baptise a woman’s ninth childi

KGrHqUOKowE4vg0Shu9BONh8t4Zow_0_1_grande.jpg

As an example of how the London Police courts were used for all manner of business and as a one-stop advice bureau I present this case from October 1861. A woman named Evans (I cannot call her ‘Mrs Evans’ because she declared herself to be Unmarried) at Wandsworth Police court to ask for Mr Dayman’s advice.

Ms Evans had recently given birth to her ninth child, each of whom she had taken to be christened at Battersea Church, most of them by Reverend Jenkinson the presiding minister. However, on this occasion when she showed up with her infant he refused either to christen the baby or to ‘church’ her after her confinement.

Churching refers to the blessing given to mothers soon after they have given birth and is even performed if the child had died or the mother chose not to baptize it. So it was strange that the reverend refused both to christen her newborn or offer his blessing on the mother.

Ms Evans thought she knew why Rev. Jenkinson had refused her:

‘I suspect the reason of his objecting is because I am not married’, she told the magistrate.

‘That would not be a reason’ Mr Dayman responded.

‘I asked him the reason and he said that as I was not married he would neither church me nor christen my child. I went again on Sunday, and I could not have it done’.

The justice wasn’t sure what to do in this case. He wasn’t familiar with ecclesiastical (church) law but had never heard of a clergyman refusing to baptize a child, regardless of whether it was legitimate or not. Thousands of babies were born illegitimate in London every year since marriage amongst the working classes was not as common as we might think.

Ms Evans had gone along with two godfathers and was angry and upset that the vicar had refused her. All the magistrate could suggest was that she went over the vicar’s head and complained to the Bishop  (in this case the Bishop of Winchester). The court clerk furnished her with the bishop’s address and she thanked his worship and left.

Perhaps the vicar was trying to make a point about marriage and legitimacy; having blessed eight previous products of a relationship unordained by God however, it seems a little churlish of him to refuse the ninth however.

[from The Morning Chronicle, Wednesday, October 23, 1861]