A defiant cook takes her chances before a jury

9361f807a50ff70873c0f107c57ba2fd

The Police Courts of London had the power to act summarily (i.e without a jury) in a large number of instances. Many offences were prosecuted at this level without troubling the judges at Hick’s Hall or Old Bailey, and very many people were sent to prison on the judgment of a Police Court magistrate acting alone.

This suited society, because it kept the jury courts free of the more petty offenders or offences and it arguably also suited quite a few defendants. A Police Court magistrate had limited powers to punish summarily; he could fine you and send you to prison, but only for relatively short periods of time. A judge at the sessions or central criminal court could put you away for years on end, even life.

So we often see prisoners asking the magistracy to deal with them summarily, preferring a quick hearing and a short sentence to being remanded for a week or two to face a jury and perhaps a lengthy period of penal servitude. Harriet Payne however, chose a different path, which perhaps reflects the fact that she (or her lawyer) believed she might earn the sympathy of a jury or (more likely) be able to cast enough doubt in their minds as to her culpability for the crime she was accused of.

Harriet Payne had worked as a cook for Mrs Eliza Godwin in Upper Tooting for a year from 1864 to 1865. On the 17 December she was dismissed after a week’s notice. Almost as soon as she had vacated her room at Holme Cottage her mistress ( a widow) noticed that a number of things were missing including table cloths, napkins and other items of linen, and then, a few days later, three ‘finger glasses’ disappeared.

Suspicion immediately fell on Harriet and she was arrested by the police. PC Kempster was unable to trace any of the things stolen back to the prisoner (with the exception of a shawl which she declared was her property) but a glass was discovered at a neighbour’s house in Tooting. However, in the course of searching the former cook’s room the police did find a key that happened to fit one of the linen drawers at Holme Cottage.

This was proof that Harriet could have taken the table linen as suspected and this was enough for Mr Ingham the sitting magistrate at Wandsworth. He decided that she was probably guilty of theft but that it was hard to prove it so he found her guilty instead of the lesser offence of unlawfully possessing the shawl she’d claimed was her own. He started to hand down a sentence of two months imprisonment but Mr Wilson, Harriett’s lawyer, begged leave to interrupt his worship. He asked instead that she be able to take her chances with the jury at the sessions and the magistrate allowed this.

Harriett was released on bail to face a trial later that month or early the next year, the outcome of which may have seen her released with her reputation intact, or sent to a London prison for a longer stretch than Mr Ingram had originally intended. That was the risk she took and I’m afraid I can’t discover the result.

[from The Morning Post, Thursday, 21 December, 1865]

An unlikely jewel thief who is not as clever as he thinks he is

142844

Paul’s Wharf by Joseph Pennell (1884)

Very many of the crimes prosecuted at the police courts were easily dealt with by the magistracy who handed down fines or short spells of imprisonment. However, the courts also acted as filters for the jury courts – the Middlesex sessions and Central Criminal court at Old Bailey. When a very serious case – like today’s – came before the justices their task was to stage a pre-trial hearing and commit the defendant to take his trial later.

Samuel William Liversedge was a commercial traveller. The 33 year-old worked for a City jewelers based at 44 St. Paul’s Churchyard, Goddard & Lawson.  He enjoyed the full confidence of his bosses, being trusted with thousands of pounds worth of jewelry each week, which he took around the various shops in the capital to sell. He was paid on commission but with a retaining salary, and this was always topped up to 50a week so Samuel was well remunerated for his work.

At some point in 1877 things began to wrong for him it seems. Whether he simply succumbed to the temptation that carrying around a small fortune in precious stones and gold and silver presented, or perhaps because he was in debt despite his generous salary. Either way as early as April that year he began to steal from the firm.

Things came to a head in November when Liversedge left St. Paul’s Churchyard with £1,000 worth of items in his usual black leather bag. When he got back, that evening, he was excitable and somewhat the worse for drink. The bag was missing and he told his Mr Goddard and Mr Lawson that he’d been robbed on a train whilst traveling between Edgware Road and King’s Cross. By his account he’d entered a carriage in which there were three men and a woman and as they left they brushed past him and must have pinched the bag containing all the jewelry. He called the guard who was unable to stop the train and so the thieves got away.

That was his story but it didn’t hold up in court, either at the Guildhall (before Sir Andrew Lusk) or later at the Old Bailey in March 1878. The guard testified at Liversedge’s trial and said he had looked for the three men and a woman and had seen no one leave his train carrying a bag such as had been described.

The bag did reappear at about 6.30 the same evening, ‘floating off Paul’s Pier, with the empty jewel cases and the cards attached to them’. William Barham found them. Barham was a Thames lighterman and he saw the bag in the water and fished it out. Lightermen knew the river intimately and was sure that it hadn’t been in the water long. The bag was closed and there was hardly any water inside, so someone had thrown it in not long before.

Goddard and Lawson had taken a cab to Scotland Yard as soon as their traveler had told them he’d been robbed. They had been told to make a full inventory of the missing items and came back to tell Liversedge. He suggested they all go to Bow Lane police station to do this, which they objected to. Samuel ignored them and rushed off to the station where he gave a list of the missing items, but a very short and partial one. Crucially Bow Lane Police station was close by Paul’s Wharf, where the bag was later found.

Sir Andrew Lusk heard from the prosecutors that at first they’d wanted to deal with this carefully and without prejudicing any future court case. Fundamentally they wanted their goods back though and hoped that some publicity might lead to the identification of items that they expected  that LIversedge had pawned. They asked for a remand which the magistrate granted.

It took a while for this to all reach the Central Criminal Court but in March of the following year Samuel Liversedge was formally tried and convicted of stealing ‘three watches, one pendant, nine pairs of earrings, and other articles’ belong to the City firm. Several pawnbrokers turned up to give evidence that they had received items from Liversedge over the course of the last six months or so. The jury found him guilty and the judge sent him to prison for seven years at penal servitude.

Whatever motivated Liversedge to steal from his masters and jeopardize a pretty well paid career is a mystery; his voice – if he spoke at all – is not recorded in the Old Bailey Proceedings and we don’t know what happened to him thereafter. At 33 he was probably fit enough to survive 5 or so years in gaol before he earned his ticket of leave but his chances of returning to that level of trusted employment were slim.

[from The Standard, Monday, December 10, 1877]

‘I thought it would give a man a job’; one man’s weak excuse for breaking windows

whitehall

George Jackson had a strange way of helping the late Victorian economy. On Sunday 19 August 1883 he picked up a handful of stones in the Strand and put them in his pocket. He walked on down the Strand in the direction of what was then the Charing Cross railway and foot bridge, heading for Whitehall. In 1883 this was where the majority of the government buildings were, including the Home Office on the corner of Charles Street and parliament Street.

At ten to one in the morning he was seen by PC 31 of A Division who watched as the young man lobbed two stones at the windows of the Home Office building. As the plate glass window smashed the police officer rushed over and seized the culprit as he calmly walked away. Jackson was taken away and brought before the sitting magistrate at Bow Street on the Monday morning after.

Mr Flowers wanted to know why he had thrown the stones, telling him he ‘had acted like an idiot’. The magistrate declared that:

I cannot understand a man willfully breaking a window and walking off’, adding: ‘You are not a glazier, are you?’

No, but I thought it would give a man a job’, was Jackson’s reply.

Yes, and you a month’s imprisonment’, quipped Mr Flowers.

It was a case of willful damage to government property but not overly serious. Certainly it was something the magistrate was well within his power to deal with summarily. However, he was inclined, he said, to send Jackson for trial where he could expect a more severe sentence. The prisoner’s situation wasn’t helped by the appearance of a policeman from L Division who said that he’d previously been convicted for breaking windows in Lambeth. The justice there had sent him down for a month but he’d not learned from his experience.

Mr Flowers decided to remand his for a few more days ‘for enquiries’. George would have to sweat it out in a cell for the time being as he waited to find out his fate.

In the end Jackson turned up at the Middlesex Sessions having been committed for trial almost a year later on a separate charge by one of Flowers’ fellow magistrates, Mr Vaughan. He was tried on the 5 February 1884 for ‘maliciously damaging three panes of glass, the property of Her Majesty’s Commissioners of Works’.

George Jackson clearly had a problem with authority and government. He pleaded guilty but despite this, and probably because his previous convictions now counted hard against him, the judge sentenced him to eight years in prison. Jackson was listed as being 33 years old and a carpenter. Perhaps he was a disgruntled former government employee, now out of work (as many were in the 1880s (the decade that coined the word ‘unemployment’).

Maybe also he was suffering from some form of mental illness. Either way, eight years was a very stiff penalty for breaking windows and reflects both the harshness of the late Victorian ‘justice’ system and contemporary fears associated with terror attacks in the capital, of which there were several in the 1883-5.

[from Lloyd’s Weekly Newspaper, Sunday, August 26, 1883]

A paedophile in Trafalgar Square or an innocent case of being overly friendly?

24183362163_01be18d7bc_b

Yesterday’s case involved an alleged assault on a young girl and today’s is clearly similar. I think this demonstrates two things that perhaps we have not really considered: first that a concern about paedophiles is not a new phenomena but that perhaps we take it more seriously than we used to.

In July 1877 Matthew Seton was presented at Bow Street Police court. Seton clutched a roll of music in his hand as he was quizzed by Mr Vaughan but he gave his occupation as a barrister. A Police constable alleged that he’d seen Seton approach two young girls who were sat on the wall by the fountains in Trafalgar Square and engage them in conversion.

According to the witness Seton spoke to Elizabeth Corrington (who was just seven years of age), pinched her legs playfully and then put his hand up her skirt. He arrested him and took him to the nearest police station to be charged.

In court the barrister denied there was anything sinister in his actions.

‘On my way back, to rest a little, I sat next to the little girl on the wall in Trafalgar Square. The little girl kicked her legs at me in a childlike way, and I playfully pinched them, and said, What nice legs you have! I solemnly deny that I indecently assaulted her. If my hand went under her clothes it was an accident, and must have been caused by her slipping down’.

It was very hard to prove of course and today one would hope that no one would touch an unrelated or unknown child in any way, sexual or otherwise. The magistrate clearly had his doubts as he committed Seton for trial. His case came up at the Middlesex Sessions where he was acquitted of indecent assault probably because there was insufficient evidence to convict.

Was the 32 year old lawyer a paedophile? It is impossible to know so we, like the jury, should give him the benefit of the doubt. I am bound to wonder again however, as to why a seven-year-old girl was apparently without adult supervision  in the square, just as in yesterday’s case a 10 year-old was roaming the city streets at 10 at night.

[from The Illustrated Police News etc, Saturday, July 14, 1877]

Stealing from John Lewis earns a ‘respectable’ woman an unwelcome day in court.

2032e5aa769e9f5a2975a3743867ff63

John Lewis’ Oxford Street store, c.1885

Given the proliferation of shops in the capital it is not surprising that shoplifting was much more of a problem here than in most other towns in England. London was the shopping capital of northern Europe in the late 1800s and the concept of large department stores had been imported from America.

Shoplifting had always been associated with female offering. That’s not to say than men and boys didn’t do it, they did of course, but this was a crime which was more evenly distributed by gender. Robbery and burglary were crimes which were overwhelmingly committed by males, picking pockets and stealing from shops were much more likely to be undertaken by women and girls.

In the second half of the 1800s the idea that some women  (generally ‘respectable’ women) might steal because of a weakness, a compulsion to thieve, gained ground. Kleptomania was coined and became a way of explaining the theft of items (often small luxuries) by women who could easily afford to pay for them.

Of course this dent make it any less annoying for the poor shopkeeper. Nor did necessarily excuse such behaviour. In July 1888, just before the Whitechapel murderer began his atrocities in the East End, a ‘respectably connected’ woman was brought before the magistrate at Marlborough Street caused of stealing from Messers. Lewis in Oxford Street.

Ellen Harris (or possibly Ellen Barker as the court reporter noted she had an alias – often a sign of previous criminal connections) – was charged with stealing a black silk jersey from the store (the forerunner of the John Lewis Partnership we all know today). Ellen had ben in the shop on the Monday in the mantle department and had bought and paid for some items. An assistant the saw her select the jersey and hide it under her waterproof jacket and walk away.

The assistant told the store manager (Walter Cryer) and he followed her. Ellen left the store and started to stroll down Oxford Street. In the classic mode of a store detective Cryer tapped her on the shoulder and asked if she would accompany him back to the shop. Once inside and at the foot of the first staircase Cryer challenged her with the fact that she’d taken the jersey without paying for it.

Ellen denied it and started back up the stair. She stopped halfway, putting her hand inside her jacket and asked him:

‘If I give it to you now, will that do?’

It would not, Mr Cyrer replied and said he’d already summoned a detective to investigate. When he failed to show up Cryer went and found a policeman on the street and handed the woman over. She pleaded with them not to take her in saying she was ‘respectably connected’. In court her solicitor suggested that it was a mistake, that Ellen was ‘absent minded’ and ‘vacant’ when stopped by the store manger. He was trying to paint a picture of a woman who was not entirely in her right mind, one suffering from a compulsion she could not control.

The constable that took her into custody rather supported this interpretation but the store manager disagreed. In the end Mr Hannay, the police court magistrate, denied he could not deal with the case and remanded her with a view to sending her for trial.  At the last moment another witness appeared; the manager of another large store, Gask and Gask’s. He identified a number of handkerchiefs that the police had found in Ellen’s possession as the property of his shop. Things didn’t look good for Ellen.

In the end Ellen was prosecuted at the Middlesex Sessions and convicted of theft from John Lewis and Gask’s.  She was 40 years of age and described simply as ‘married’. The judge didn’t send her prison so perhaps he thought there was grounds for accepting a plea that she was ‘distracted’ in some way. The court took sureties as to her future behaviour, and perhaps these were guaranteed by her husband or wider family. If she’d been younger, or unmarried, or working class, I doubt she’d have got off so lightly.

[from The Standard, Wednesday, July 11, 1888]

The case of the missing linen and the frustrations of historical research

3f754a0337470afae3f7741315fa865b

The reports of cases heard before the London Police Court magistrates can be frustrating. It isn’t always obvious what individuals roles are and important contextual details are often omitted. I understand that editors had limited space and that reporters were jotting things down quickly, and not always with the knowledge that the editor was going to choose that particular story to run. These courts dealt with dozens of cases in a morning or afternoon but rarely more than one was immortalized in newsprint.

Today I am left wondering who Henry Jepson was. He may have been a private detective or even a member of the Detective Department at the Met, or simply a friend of the victim.

See what you think.

On Thursday 2 July 1868 Jepson received a letter. It was from Elizabeth Milner, a dressmaker, living at 6 Hasker Street in Chelsea. In her letter Elizabeth complained that she had been robbed and asked for his help. On Sunday (5 July) Jepson traveled from his Great James Street residence to Chelsea, talked to Elizabeth about the theft and decided to set a trap for the thief.

Elizabeth had told him that she suspected one of her servants was responsible, the char Sophia Williams. Acting on Henry’s advice she locked up her rooms and told Sophia she was going out for the day and wouldn’t be home until much later. Meanwhile Henry hid under her bed and waited to see what happened.

Sure enough, about 20 minutes after Elizabeth had left Sophia entered the bedroom. Although he couldn’t see her Henry could hear her and noted that she left the bedroom and went into the parlour. He could hear her ‘ransacking boxes’ before she returned to the bedroom.

Henry had carefully selected some linen before he’d concealed himself and had left it, temptingly, on a chair. Peering out from his hide he saw he rifle through the linen and select ‘two new pillow cases’. As she started to leave the room Henry snuck out from under the bed to go after her. She must have heard him though because she quickly dumped them back on the pile and rushed off. Henry called for a constable who took her into custody.

This is the action that makes me doubt that his role was official; if he had been a detective he would simply have arrested her himself. Of course he may have, and then have handed her over to a junior officer, but it seems unlikely. There are no references to a detective named Henry Jepson in the Old Bailey either (this case does not appear), which is a little odd if he was one.

Sophia Williams was brought before Mr Selfe at Westminster Police court charged with multiple thefts. The police had found no less than 41 pawn tickets in her room, many, but not all, of which, related to property belonging to Elizabeth Milner. The magistrate remanded her in custody for  four days so the police could pursue their investigations.

And here the frustration continues because the case, and Sophia Williams, disappears from history.  If the police found more evidence she may have stood trial (at the Middlesex Sessions or the Central Criminal court at the Old Bailey). The justice may have decided to deal with her summarily and given her a few months in prison. But as there is no record of her in the Old Bailey Proceedings or in the records linked by the Digital Panopticon site we cant be sure. Selfe may have decided there was insufficient evidence or Williams could have had a legitimate reason for having so many duplicates for items she’d pawned.

In the end it is a mystery, not one worthy of Sherlock Holmes I accept, but an unsolved one nevertheless.

[from The Morning Post, Tuesday, July 07, 1868]

‘Lor bless you, 5s indeed! Why there is 18 gallons of Truman Hanbury’s Treble X ale. I wouldn’t take 40s for it’. Mr Selfe’s first day at the office.

SONY DSC

The Truman, Hanbury, Buxton, & Co. brewery, c.1842

Thursday 3 April 1856 was Mr Selfe’s first morning as a London Police court magistrate.

Born in Worcester in 1810 at the age of 24 he had been called to bar and ‘practised [as a barrister] at the Oxford Circuit and Parliamentary bar’ until he took up his position on the London benches.* All Police Court magistrates in London were former barristers and, unlike their equivalents outside the capital, had the power to hear cases on their own. They had a good working knowledge of the law and several years of experience of court practice.

Mr Selfe had bene given Thames Police court in the East End of London. He replaced Mr Ingham who had moved on to the more salubrious environments of Westminster and Hammersmith. Magistrates did move around it seems, and some covered more than one court. In the 1880s there were at least two justices at Thames who sat for a few days each. This probably helped spread the workload but also stopped anyone getting too comfortable and warded off corrupt practice. The Middlesex magistracy in the 1700s had earned an unwanted reputation for venality, being derided by commentators as ‘trading justices’.

Mr Selfe’s first reported case was a beer thief, and quite an ambitious one at that. John Reynolds was 19 and his exploits were relayed to the newly appointed magistrate as he stood in the dock at Thames.

Catherine Driscoll testified that she was working for her employer at 51 Rosemary Lane where, at around 4 in the afternoon she saw Reynolds steal a barrel of beer from a drayman’s cart. She told the court that:

‘after he had launched it on the ground he rolled it along the street and up a court, and deposited in a yard at the back of a house in Rosemary Lane’.

Rosemary Lane had a long history of criminality stretching back into the eighteenth century, as Janice Turner’s work has shown. The drayman – a Mr Bullock – was delivering beer to a public house for his employers, Truman, Hanbury, Buxton, and Co., brewers in Hanbury Street and Brick Lane since 1666. The brewery no longer exists but some of the buildings do, including the iconic chimney and the Truman eagle.

Bullock explained that he had come back to his cart to discover that a kilderkin of ale was missing before someone (perhaps Ms Driscoll) pointed out its whereabouts and the person that took it. Reynolds was nearby and Bullock tried to catch him but he ran off. A policeman (Thomas Britton 161H) was soon in hot pursuit and caught him after ‘a long chase’.

When Reynolds was asked to explain himself he simply denied all knowledge of the barrel of beer. ‘Then why did you run away?’ Mr Selfe asked him. ‘I do not know sir’, was the young man’s reply, adding simply, ‘I am innocent’.

‘If you protest your innocence I shall send the case before a jury’, the magistrate warned him. A conviction before a judge would bring done much more serious punishment than Mr Selfe was able to hand out, as the magistrate knew from recent experience. The clerk of the court asked Bullock the drayman whether the beer was worth at least 5s. The drayman laughed:

‘Lor bless you, 5s indeed! Why there is 18 gallons of Truman Hanbury’s Treble X ale. I wouldn’t take 40s for it’. 

‘I suppose not’ commented Mr Selfe, ‘I shall commit the prisoner for trial’.

In the meantime however he remanded Reynolds as an officer at the court said he believed that the lad had a previous conviction that would need to be taken into consideration.

It was bad news for John. His opportunist theft would most likely end in a fairly hefty prison sentence, especially if a previous record could be shown against him. Mr Selfe might have been minded to show leniency if the lad had pleaded guilty but it was out of his hands now. Either way, his career at the Thames office was up and running and by using a keyword search for Selfe you can look for other cases over which he presided.

‘Disagreeable’ but not quite mad enough to be locked up: a violent husband at Marlborough Street

Two ‘dangerous female thieves’ opt for the best ‘worst case’ scenario

Smallpox brings death and difficult decisions to the Westminster Police Court

[from The Morning Chronicle, Friday, April 4, 1856]

p.s for those wondering, a kilderkin of beer or ale is an old Dutch term for a barrel that contained 18 gallons of liquid at the time. Today CAMRA still prefer to use kilderkin as a measure at beer festivals which equates to 144 pints. Truman’s is brewing again, in Hackney Wick, so you can still sip a local pint in and around Rosemary Lane (although Rosemary lane has gone, knocked down to make way for the railway. Now Royal Mint Street, running from Cable Street, follows much the same route).

*_from A. H. McLintock (ed.), An Encyclopaedia of New Zealand (1966) via [https://teara.govt.nz/en/1966/selfe-henry-selfe]