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

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

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

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

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

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

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

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

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

‘It was an impulsive theft, and I beg for mercy’: the sad fall of an unemployed clerk

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Robert Stevens been out of work for some time when he entered a baker’s shop in Mile End in May 1859. Stevens had previously earned a living as a clerk, a gateway situation for someone hoping to move up the social ranks from the working to the middle classes.

The nineteenth century saw the establishment of the middling classes as the solid centre of Victorian life with their values of hard work, education, thrift, and family life. The social climbing of members of the middle classes were gently mocked in the 1892 novel The Diary of a Nobody where the character of Mr Pooter struggles to be taken seriously by superiors, friends and tradesmen alike.

In an unfortunate coincidence another clerk was in Mr Bradbrook’s  bakery that day and he was collecting money on behalf a firm of coal merchants. The baker had opened his till and placed four gold sovereigns on the counter just as Stevens approached to buy some bread. As the collections clerk and the shopkeeper discussed the account Stevens dashed in and swept the money from the counter and ran out of the shop.

The baker and John Griffiths (the clerk) recovered from their initial shock and rushed off after him, catching him up a few streets away. He had one coin on him having lost the others in his haste, these were picked up by Griffiths  in the chase. The unfortunate young man was handed over to the police and brought before the magistrate at Worship Street Police court to be dealt with by the law.

Robert Stevens pleaded guilty and apologized for his crime. ‘I went into the shop to buy’, he told Mr Hammill, ‘but but catching sight of the gold lying close to my hand, was seized with an irresistible desire of appropriating it to my own service, and unfortunately did so.

It was, I assure you, an impulsive theft, and I beg for mercy, having long been out of employment as a clerk’.

John Griffiths spoke up for the prisoner and urged the justice to show mercy and be lenient. As a fellow clerk he perhaps understood better than most how easy it was to lose a ‘respectable’ position whether because of the precarious state of the economy or the capricious  nature of employers.

It did little or no good however, Mr Hammill ignored the request for compassion and sent Stevens to prison for four months at hard labour. Having served a sentence in a mid nineteenth-century goal I doubt that Robert would have found white-collar work easy to come by afterwards. He was dogged by a criminal record, albeit one of his own making, and the stain of the prison would be on him. Hopefully he recovered and found a new path but this is another example of how a lack of real support for those that find themselves unemployed can have catastrophic and life changing consequences.

[from The Morning Chronicle, Monday, May 23, 1859]

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:

Heartache for one couple as their baby boy disappears with his nurse

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The state of mind of George Augustus Mahon can only be guessed at when he turned up at Bow Street Police court to seek the help of the magistrate. His appearance there is a reminder that not everyone that came to court was brought by the police or a summons. Mahon and his wife had suffered a terrible shock and they turned to the magistrate as the most obvious person to advise and assist them.

Mahon was a commercial clerk, an upright member of the middle class, who lived at 15 Serle Street in Lincoln’s Inn, in London’s legal quarter. Two months earlier the Mahons had employed a new servant, Kate Curly, a steady sober woman of 26 years of age and she had served them well thus far. Families like theirs would probably only have afforded one or two domestics but Kate was hired as a nurse to look after their infant son, who was just a few months old.

On Monday 9 May 1870 Kate requested permission leave to visit her mother who lived locally.  She wanted to show her the baby she said and Mr Mahon granted her request. He had no doubts about Kate as she her behaviour and work had been exemplary up to then. However, when it got to 4 o’clock and Kate had not returned home Mrs Mahon began to get concerned. 5 o’clock came and went and still there was no sign of the servant. In the evening, when George returned from his office he went in search of her.

Mahon visited Kate parents and they told him that she had left their house around 7 or 8 in the evening that they had walked with her as far as the Gray’s Inn Road where they had said their goodbyes. No one had seen Kate or the baby boy since. If they were telling the truth then the servant and the child had disappeared close to Holborn. Had something happened or had Kate abducted the baby boy?

The clerk went to the police and detective sergeant Kerly of E Division sent a description to every police station and had dispatched men to enquire at the local hospitals to see him Kate had met with an accident. The chief clerk at Bow Street asked the sergeant if he had placed a notice in the Police Gazette. He hadn’t but he would consider it. Sir Thomas Henry, the Bow Street magistrate, suggested that the following description of Kate and the child be placed in all the newspapers:

The child is described to have been dressed in long clothes, and a white cloak trimmed with blue silk. The nurse [Kate Curly], was 26 years of age, and about five feet three inches in height, with dark complexion and black hair. She wore a black and white cotton dress, black cloth jacket, and black lace bonnet with white flowers’.

Lloyd’s Weekly Newspaper reported this as ‘another case of child stealing suggesting that there had been a spate of abductions in the capital, but then it was a more sensational publication that the sober Morning Post.  I wish I could say what happened to the Mahon’s baby and their nurse but I haven’t managed to find anything that follows up on this story. I hope they both turned up or were found, perhaps having been involved in some minor accident as the police suspected. If not one can only imagine the heartache of the Mahon’s, who entrusted their child to someone they’d only know a matter of months.

[from The Morning Post, Friday, May 13, 1870; Lloyd’s Weekly Newspaper , Sunday, May 15, 1870]

Shoplifting and false imprisonment in 1850s Holborn : the case of the missing sovereign

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Before I entered the heady world of academia I had mostly earned my money working in shops. Indeed, I partly funded my studies at undergraduate and postgraduate level by working for Waterstones’ the booksellers.

So I have a reasonable idea and experience of how the law works around shoplifting and just how careful retail staff have to be if they suspect an individual of stealing from them. You cannot, for example, just grab hold of someone and accuse them of theft; you have to have seen them take an item and be absolutely sure that intend to walk away with without paying. Shop security guards are allowed to ask to see inside a person’s bag but if they refuse then the guards are obliged to call the police to organize a search.

In the mid nineteenth century shopping was a fashionable pastime amongst ladies of the upper and middle classes but the problem of shoplifting was still rife as it had been in the previous century. Shopkeepers were well aware that, as had been the case in the 1700s, female thieves were well known to dress up to resemble wealthier and ‘respectable’ shoppers in order to perpetrate their crimes. In this context the ‘extraordinary conduct’ of one City of London shopkeeper can be much better understood, even if it would have never happened in today’s world.

When a ‘respectably attired’ lady and her sister entered Mr. Meeking’s shop on Holborn Hill she had the intention to buy a dress for a forthcoming occasion. The woman (who was not named in the newspapers, for reasons that will become evident) was obliged to wait for an assistant to serve her as two ladies were already being served. One placed a £5 note on the counter with a sovereign coin on top, the payment for the items she’d chosen. The assistant turned over the note and asked her to endorse it, then walked off to the other side of the shop to fetch the cashier.

However, when a few minutes later the cashier arrived the sovereign was missing. The customer swore she’d put it there and the assistant was just as adamant that he had taken it. Suspicion now fell on anyone who was in the general area, including the two sisters who were waiting to be served.

The lady customer who’s sovereign had disappeared now turned to them and asked them not to leave until the matter had been settled. A policeman was summoned so that the four women could be searched. However, our ‘respectably attired’ shopper refused to be searched by a man and demanded that the female searcher (employed by the police) be brought to the store. The policeman told her that the searcher was currently busy at Smithfield Police Station and she’d have to accompany him there if she wished to be searched by a woman.

Our lady refused to be marched through the streets by a policeman like a common criminal and insisted any search took place there and then in store. There was nothing to do then but wait. Having given her name and address she was then forced to wait for three hours before the store closed and Mr Meeking returned from business elsewhere so that the four women could be taken into a private room where they were stripped of all their clothes (save ‘their shoes and stocking’) by one of Meeking’s female servants.

Nothing was found on any of them.

The woman was so outraged by this invasion of her privacy and by being held against her will for several hours that she applied to Sir Robert Carden at the Guildhall Police Court to complain. She said she had fainted twice during her ordeal and had been quite ill ever since. Indeed, so ill, she said, that it had taken her several weeks to gather the courage and energy to come to court. She was a respectable married woman and the whole episode was a disgrace, which explains why she did not wish her name to appear in the pages of the press.

Sir Robert was sympathetic but otherwise impotent. No crime had been committed in said, but she would certainly have a case for a civil prosecution for false imprisonment should she wish to pursue it. Taking the case further may have risked the lady’s good name being dragged through the civil courts (and newspapers) but perhaps that would be unnecessary now. After all the public airing of her experience would most likely have an adverse affect on Meeking’s business, deterring others from risking a similar one, and this might explain why she chose this path.

That is always the risk for a shopkeeper if they are not absolutely certain that a person is guilty of stealing; make a false accusation and you risk a loss of business and a loss of face. Which is why the odds are always stacked in favour of the shop thief.

[from Reynolds’s Newspaper, Sunday, April 16, 1854]

‘He has been in the habit of knocking me about’, until one day he went too far.

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This is one of those frustrating cases where you really feel you should be able to find out more than you can about it. On Thursday 12 April 1883 a 45 year-old labourer named Thomas Ward was brought up before Mr Barstow for the second time, having previously been remanded in custody for an assault.

His victim was a widow, Mrs Elizabeth Wynn, who had been living with Ward as his housekeeper for the past year. Ward was evidently a violent man and was partial to knocking the poor woman about when he was drunk. Nothing about this would have surprised the late Victorian magistracy since domestic violence was endemic in working-class communities in the 1800s. It was probably more widespread in middle class homes than society was prepared to recognize but genteel ‘ladies’ were more accustomed to covering up the signs of it and more invested in keeping their husbands’ dirty secrets.

The assault had taken place on the 5 April and Elizabeth had been taken to St Bartholomew’s Hospital to be treated for her injuries. It quickly became apparent that she wasn’t going to recover from the beating she’d sustained so the police secured a dying deposition which makes for difficult reading:

‘Yesterday afternoon I was at our street door, and knocked several times. The prisoner would not open it, but at last he did, and struck me on the nose and mouth with his fist. I was covered with blood, and do not remember any more. I feel very sore in the stomach, and I am black all over from falling. He was sober. He has been in the habit of knocking me about, and I have been in Highgate Infirmary with fractured ribs, which he did. I stayed away on that night because he swore he would do for me’.  

Elizabeth died on the morning of the 6 April.

The magistrate remanded Ward for another week but that is where he seems to disappear from history. I find no trace of a murder or manslaughter trial at the Old Bailey involving either Ward or Elizabeth Wynn, nor any entry in the Digital Panopticon.

The newspapers are equally silent on whether Ward was ever formally prosecuted for the killing of his housekeeper.  That leads me to suspect that the police had insufficient evidence to press charges and that, if anything, all Ward got was a short prison sentence for the assault, and I suspect that was unlikely as well (or he would have been recorded as being inside on the DP site). As ever, if someone else can enlighten me I’d be grateful (after all today is my birthday).

[from The Standard, Friday, April 13, 1883]

Ghostly goings on in Westminster : everybody needs good neighbours.

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The act of going to law was often a last resort, a necessary act to put an end to a problem that had resisted all attempts resolution. While it was sometimes suggested that the poorer classes enjoyed their ‘day in court’ it was equally observed that the middle classes feared the taint by association of appearing before a magistrate.

Mr Henry Payne seems to have been one of those who would rather not have resorted to law, and who was keen to avoid a repeat appearance. The respectable dyer was not in trouble with the police, instead he was the victim of persistent and escalating intimidation. The cause was unknown but the middle aged dyer, who lived in Rochester Row in Westminster, was pretty clear who was the culprit.

He blamed his young well-to-do neighbor, George Champion. For several weeks Mr Payne had been ‘annoyed by mysterious stone throwing’. When he tried to find out who was responsible his neighbour muttered darkly about his house being haunted, and this rumour soon spread amongst the other nearby occupants of Rochester Row.

Payne’s house was sandwiched between Champion’s and that of Mr Cocks, an undertaker. He too had suffered from stones and broken bricks being tossed into his back yard or small items hitting his windows. Both men had complained to the police who sent an officer to keep watch.

Payne had boarded his yard to protect his family from the missiles that sailed over, mostly during the night. His wife and children didn’t dare set foot out there, and poor Henry was going out of his mind with ‘the annoyance’.

Finally, when a large stone broke a skylight in his roof he had enough and opted to take legal action. He applied for a summons to bring Champion before the magistrate at Westminster Police court where he appeared, smartly and fashionably dressed, on the 28 November 1890.

Mr De Rutzen questioned all of those involved. Payne gave his evidence in a rush, clearly perturbed by the whole affair. Inspector Webber for the police, said that his men had seen nothing thrown but had felt one! This brought a moment of levity to the court as everyone imagined the poor policeman being struck by a ‘ghostly’ missile.

In the end, and probably because Mr Payne was reluctant to take it further and since Champion was clearly a member of the wealthier class, the justice opted for a ‘common-sense’ approach. He suggested that so long as the nuisance stopped there was no need to do anything else. Mr Payne was not asking for compensation for the skylight, he just wanted some peace from ‘the ghosts’. Champion walked free from court but with a reminder that if the stone throwing restarted Mr De Rutzen was very open to issuing a second summons, and then the dyer and his neighbours might not be so reasonable.

[from The Standard , Saturday, November 29, 1890]

Libel and crim.con as the ‘better sort’ are dragged through the Police Courts

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Sir Albert de Rutzen

Most of those appearing before the police magistrates of London were members of the working class. The vast majority were being prosecuted for all manner of petty and not so petty forms of crime and violence. When the more ‘respectable’ middle classes appeared it was usually as witnesses or victims (although there were plenty of these from the lower order as well – especially women) and the very wealthy rarely feature in the newspapers reports. T

here were exceptions however.

Crime was big news in the Victorian press and the daily ‘doings’ of the police courts are testament to the popularity of this amongst the reading public, of all classes it should be said. Alongside the police court news and the more sensational ‘murder news’ were the reports of adultery served up as scandal for public consumption. ‘Criminal conservation (or ‘crim. con’) cases offered readers a peep into the bedrooms of the rich and famous. This was where the ‘better sorts’ made the pages of the newspapers for reasons they would rather have kept to themselves.

Often linked eventually to divorce, crim.con proceedings were a legal procedure  whereby one man sued another for having an affair with his wife (on the basis that he could claim financial damages, as his wife was his property).

In February 1886 two wealthy individuals appeared at Marylebone Police court represented by their lawyers. Mr St. John Wontner was there to defend his client, Robert Bailey, against a charge of libelling the elaborately entitled Charles V. J. Frieden de Friedland and for assaulting him at the theatre.

The reporter is fairly careful to skirt around the issue at the centre of this case; namely that both men appear to have been having a relationship with the same woman, a woman that neither of them was married to. Her name was Mrs Astay and it isn’t clear whether she was married or a widow.

The magistrate, Sir Albert De Rutzen, was at pains to try and keep any of the details behind the libel accusation  out of his courtroom but, since some evidence had to be offered (so a formal committal could be made),  this was fairly difficult and ultimately impossible.

Prosecuting, Mr Lickfold explained that his client was a member of the Supper Club which had a premises in Paris and at Langham Place in London. Mr de Friedland was staying in London and had been receiving ‘communications’ from Mr Bailey.

These were quite unpleasant and contained ‘threats , and were written in a language quite unfit for publication’. Bailey and de Friedland had then met at the Alhambra in Leicester Square where they had argued.

Bailey had, he alleged:

‘knocked the Complainant’s hat of and abused him. In fact the conduct of the Defendant had been so bad that, unless restrained, the Complainant’s life would be insufferable’.

Wontner now cross-examined and this is where some of the detail that the magistrate presumably wished to keep hidden began to seep out. The readers would be able (as you will be) to fill in the gaps and make a judgement on what de Friedland had been up to and what sort of a man he really was.

De Friesland said he was a director of the Supper Club which was a respectable establishment and not a gaming club (as the lawyer must have suggested). He admitted that ‘baccarat was played there’ but refuted allegations of gambling. He admitted as well to being married, and that his wife lived in Paris but he wasn’t (as was suggested) in the middle of divorce proceedings with her. He also admitted knowing and visiting a ‘Mrs Astay’, but ‘refused to say whether he had been intimate with her’. He added that Bailey had been intimate with the woman, a libel itself if not true.

Mr Lickfold objected to his opposite number’s line of questioning but Wontner contended that his client’s defence in court would be that he was provoked and that he would counter sue de Friedland for libelling him. As such it was necessary to set his stall out at this stage.

The magistrate was not happy with this and told the defence lawyer to keep his defence for the senior court trial. He heard from several witnesses who confirmed seeing the trail of letters and cards sent to the complainant and fully committed Bailey for trial. He then bailed him on his own recognisances of £100 – a considerable sum – demonstrating the wealth associated with these two protagonists.

[from The Standard, Thursday, February 25, 1886]

Sir Albert de Rutzen died in 1913 at the age of 84. An obituary noted ‘his patience and gentleness alike with the highest of criminals and the Suffragettes, with whom he had to deal of late, were remarkable’. 

A respectable ‘kleptomaniac’ is caught out at the Soho Bazaar

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The Soho Bazaar, c.1815

Mary Allen was almost certainly a pseudonym. The woman using this device was quite respectable and claimed to be protecting her ‘respectable friends’ from the disgrace of being associated with her.

‘Mary’ (as I am going to continue to call her) was arrested in November 1835 at the Soho Bazaar and charged with theft. She was brought before the magistrate at Marlborough Street by a police constable from St Anne’s station house having been given into custody by Ann Castle. who operated a stall at the bazaar.

Mrs Castle set out the facts of the case before Mr Chambers.

‘At about four o’clock on Wednesday afternoon, as she was attending some Ladies who were at her stand, the prisoner  passed by; and, no doubt considering that her attention was occupied with the other Ladies, she laid hold of a muslin collar, thrust it into her muff, and walked hastily away to another part of the bazaar’.

It was a classic shoplifting ploy; to pinch an item quickly and calmly and hide it in a pocket, coat or, in this case, the large muff that women used to keep their hands warm in the colder months of the year.

However, ‘Mary’ had been seen and Ann Castle confronted her. At this the thief pleaded with her to let her go, thrusting the collar back to her. Ann was not in the mood for leniency and summoned a nearby police constable, who took her back the station.

Once there ‘Mary’ refused to give her name or address. She told the police she would rather ‘suffer the greatest punishments the law could inflict rather than say who she was’.

This was an example of what was to become a much more common occurrence in the nineteenth century; middle-class women caught for shoplifting presented the police and courts with a dilemma. All the demands of class deference and chivalry suggested that these female thieves should be treated differently from the ‘usual suspects’ who were routinely arrested, prosecuted and gaoled. Indeed, in the later 1800s the courts began to treat these ‘criminals’ as mad rather than bad, and society applied the term ‘kleptomania’  to them suggesting that they, as members of the ‘weaker’ sex, were unable to help themselves.

‘Mary’ however, was clearing helping herself to the goods on display at the Soho Bazaar. When she was searched at the station along with the collar the police found, ‘a package of twenty-two silk laces, a gilt thimble, a Prayer Book, with silver clasps, a jet bracelet, a jet necklace, a caddy-spoon, and some fancy toilet articles’ in her muff.

The bazaar itself was an unusual venture. Opened in 1815 it offered ‘respectable’ women an opportunity to display and sell items they had made themselves. So it was an early example of the craft markets we are familiar with today. So ‘Mary’ was not only stealing, she was stealing from her own class.

There were several other stallholders in court and one identified the laces as her own. Since the rest of the items remained unclaimed however, Mr Chambers said it would be necessary for the police to make other enquiries. The police inspector said he would do so and, additionally, said the police were also investigating thefts from the Pantheon Bazaar committed by a woman who fitted ‘Mary’s description. The Pantheon bazaar had existed much earlier, being built in the 1770s, although it was destroyed by fire in 1792. Samuel Smirke rebuilt it in 1833-34 so it must have just opened in time for ‘Mary’ to thieve from it.

The magistrate asked ‘Mary’ why she had committed the crime but she was unable to explain. ‘She could not tell what had induced her to disgrace herself in such a manner, except that she must have been mad at the time’, reported the press. In the end she was released but asked to reappear if others came forward to prosecute her.

This is a good example of how class-ridden the criminal justice could be in the 1800s. This was a fairly open and shut case of theft. We might sympathise with ‘Mary’ as someone possible suffering with some form of mental illness but that wasn’t why the court was gentle with her. It was entirely down to the fact that she was a member of the respectable middle class. If she had been a poor working-class woman the magistrate would have committed her for jury trial (where she would faced the possibility of being imprisoned or even transported for the crime) or, had he chosen to be lenient, sent her to the house of correction for a month or more.

[from The Morning Post, Friday, November 13, 1835]

A ‘sex pest’ is exposed on the Liverpool Street to Stratford line

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Today’s papers are understandably full of discussion about sexual assaults on women by men in positions of power. Following the ongoing revelations about the American film producer Harvey Weinstein and suggestions that such exploitation of women is rife at Westminster , the world seems to be waking up to the reality that casual sexual assault is endemic in our society.

There is nothing new in this (in fact regular readers may be coming to the conclusion that the London Police courts reveal that there is almost nothing new today at all; when it comes to crime and anti-social behaviour our Victorian ancestors were just as ‘bad’ as we are). What may be different today is that the climate has changed and women feel more empowered to speak out – to speak truth to power as the saying goes.

It is not (and never was) easy for a woman to accuse a man of sexually assaulting her. In the nineteenth century a woman that cried ‘rape’ exposed herself to accusations that she was at best lying, and at worst had encouraged the perpetrator by placing herself in a vulnerable position. The Victorian lady that allowed herself to be alone with a male was effectively ‘asking for it’ in much the same way that those accusations are levelled at women who dress ‘provocatively’.

For Victorian society the answer was a separation of the sexes wherever possible. Of course this really meant a separation along class lines. The daughters of the wealthy middle and upper classes were chaperoned and never allowed out on their own. No ‘respectable’ women would be seen out at night without a male companion and so any woman that was on her own, could not, by definition,  be ‘respectable’. This led to women being accosted on the street in the evening (and in broad daylight if they were in areas where prosecution was common) by men who thought them ‘fair game’. Much of this went unreported of course, as did most of the assaults on servant girls by fellow domestic staff, or their masters and his sons.

When Victorian society began to develop a system of public transport the boundaries between public and private space began to become mutable. The railway carriage soon became a dangerous place for single or unaccompanied women, seemingly regardless of the time of day or even the other occupants. Today we are familiar with the problems some women face traveling on the London Underground (the ‘tube’) and attempts to get women to report offences. It would seem that from the very introduction of steam driven railways men were subjecting women to unwelcome sexual harassment.

Hobart Moore was one of these so-called ‘sex pests’. In October 1877 Mary Ann Cocks, a young governess, was travelling in a second-class carriage on the Great Eastern railway from Liverpool Street to Stratford. It was just after 8 o’clock in the evening and so Mary Ann was probably on her way home after a day out.

Moore entered the same compartment and sat down directly opposite her. There were three others in the car, a man and two ladies. Moore asked Mary Ann if the train went to Forest Gate, and she replied that it did. He had established conversation.

As the train left Bethnal Green nation Mary Ann noticed that Moore ‘shuffled about a great deal with his feet, and between Bethnal Green and Old Ford stations he leaned down and touched her’.

Clearly shocked by his behaviour, Mary Ann asked him move. One of the other women in the carriage then suggested they swop seats and the school governess gladly accepted the offer. Then the other man in the carriage then helped her move to another carriage when the train stopped. She had escaped the ‘pest’ but had still suffered form the unwanted contact with him.

This is a Victorian news report so it gives nothing in terms of detail about how or where Moore touched Mary Ann. But she considered that she ‘had been insulted’ and the gentleman that had assisted her now fetched a porter so she could make a formal complaint about Moore. The porter now rode in Moore’s carriage and handed him over to a policeman when they disembarked at the next stop.

Moore must have known what he had done and the embarrassing consequences should he be called to appear in a public court to answer the charges. He now compounded his crime by attempting to bribe his way our of the situation. He pressed a half sovereign into PC 79K’s hand and asked him to forget all about it. The constable did no such thing of course and so Moore found himself before the Police court magistrate at Worship Street in the East End.

In court Moore’s lawyer, a Mr Willis, explained that his client held a ‘highly respectable position’ in society and had ‘recently married’. Ms Cocks must have been mistaken in what she alleged he argued. His client had been out to dinner and had eaten and drunk too much.

As a result he was ‘sick, and leaned from the window. While ill in that way his foot or leg might have done all that the prosecutrix had said, but he denied the hand or any intention to insult’.

Mr Hannay, the magistrate, said that on balance the evidence suggested that there was a case to answer and so committed Moore to jury trial at the Middlesex Sessions. The Digital Panopticon has a record of a 28 year-old Hobart Robert Moore being in prison in 1879, although (and thanks to ActonBooks for the information on this) this wasn’t because he was convicted of the assault on the governess. Instead it seems that he pleaded guilty at the sessions to a common assault and was fined. Two years later he was sent to prison for stealing money from his employer, allegedly to feed his gambling habit (Cheltenham Mercury, Saturday 6 September 1879).

We have yet to see whether any of the current revelations in America or Britain result in prison sentences for those accused of sexually assaulting  vulnerable women. I’m not holding my breath however.

[from The Standard, Tuesday, October 30, 1877]