Dangerous dogs or well loved pets? Two magistrates, two very different interpretations of the law.’

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The law is, of course, open to interpretation. In the 1880s the law concerning the control of pet dogs was, seemingly, as a clear as mud and so we can see that two magistrates chose to apply it in two different ways.

At Lambeth Mr Biron was in the chair on 8 June 1886. The clerk produced a string of dog owners were charged, by the treasury, with failing to keep their dogs under control. For the magistrate the law depended on how one interpreted the word ‘control’.

In a number of cases dogs had been found by police, wandering 20-30 yards from their owners or their owner’s home. If the dogs were muzzled, not on a lead, or no one appeared to be in control of them, more often than not a policeman would take their collars and take them back to the station. In those instances, if they had a name on the collar the owner was summoned to collect them.

In several of the cases brought before him Mr Biron dismissed the charge. If, for example, the owner said that the dog had just been let out in the morning (to do its ‘business’ one supposes) and was within 20 yards of the house then that was ‘under control’. In another case the owner said his animal was ‘within call’ and the justice accepted that. Indeed he accepted most explanations for why dogs were not on leads or muzzled and only one case, where a dog had bitten a child, did he find strongly against the owner who was penalised with a 10fine.

In this case though the owner had already been warned about the behaviour of his beast so perhaps that was more about demonstrating that the law had to be obeyed than anything else. The courts were quite strict on those that ignored instructions previously handed down by the magistracy.

Overall Mr Biron declared that it was ‘doubtless right to take dogs unmuzzled and without owners to the station, but when animals were within a few yards of the owner or his premises he could not see much good sense in it’.

North of the river at Clerkenwell Mr Bartsow took a different line on ‘dangerous’ dogs. John Adams was brought before him charged with not keeping his good ‘under proper control’ contrary to police regulations. Adams said that the dog was walking a yards ahead of him and that ‘some magistrates held this to be “under proper control”.’

Mr Barstow told him that ‘he could be bound by the decisions of other magistrates’ and fined him 5s. If it was off the leash and without a muzzle, it wasn’t under control. I suspect the newspapers focused on this because it was a law that was commonly interpreted differently, something that must have been confusing for dog owners and policemen alike.

[from The Standard, Wednesday, June 09, 1886]

On June 15 Drew’s new book (co-authored by Andy Wise) is published by Amberley Books. It is a new study of the Whitechapel murders of 1888 which offers up a new suspect, links the ‘Jack the Ripper’ killings to the unsolved ‘Thames Torso’ crimes, and provides the reader with important contextual history of Victorian London. The book is available to order on Amazon here

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]

A simple case of imposture or a glimpse into the transgender community of Victorian London?

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I often wonder what the Victorians would make of our society if they could visit it. I imagine they’d be both awed and shocked if they were able to time travel forward to 21stcentury London. Awed by the technology perhaps: the cars, neon lights, television, mobile phones. Shocked by what they would see as irreligion, immorality and a lack of deference.

Of course the idea that the Victorians were prudish and all went to church has been successfully challenged by historians but it remains a fact that they were more conservative and less tolerant of some behaviours than we are today. Homosexuality was made illegal in 1885, and men could be sent to prison for engaging in sexual relationships with other men, as Oscar Wilde was. Suicide was a crime and there was considerably less understanding of mental illness throughout the period. The criminal justice system was harsh: many more people were incarcerated for relatively minor property offences and the death penalty existed, and was used, for murderers.

The newspaper reports of the metropolitan Police Courts are an excellent way to peer into this world. To quote Hartley, ‘the past is a foreign country; they do things differently there’, and we can see this at Bow Street, Lambeth, Marylebone and all the other magistrate courts.

At the end of June 1886 two individuals were brought up at Lambeth Police court charged with begging. Begging remains an offence punishable under nineteenth-century legislation (the Vagrancy Act of 1824) but it no longer carries the risk of prison and is often ignored by the police unless it is aggressive or causing a particular nuisance. So while retain the power to prosecute beggars we rarely use it. Instead the emphasis is on helping those that beg, or (more cynically) in arguing about how best we should help them.

In 1886 there was a Mendicity Society; an organisation dedicated to the prevention of begging, especially by those it deemed to be imposters. I’ve written about them before  and their officers crop up frequently in cases that came to court. Joseph Boseley was one such officer and on the evening of Monday 28 June he was watching two beggars in Church Street, Camberwell.

Both appeared to be women and they held a Bible out to read from. As passers-by approached they would ask for a donation and if it was forthcoming they would reward the donor with a verse of scripture. However, if they were refused money, then, ‘as soon as the person walked on [they] made use of foul language to one another’. Boseley smelled a rat and he arrested them for impersonation.

Boseley knew this pair well and was watching them to gather sufficient evidence against them to prosecute. He knew also that they weren’t both women: one of them was a man dressed up as a woman, and this was assumed, I think, to be a ruse to separate pedestrians from their hard earned cash, as a pair of females asking for charitable donations to a ‘good cause’ seemed more believable.

In court the pair cut a sorry looking vision in the dock. Mary Ann Saunders was 55 and her partner, Henry Bennett ten years younger. Bennett was set in the dock still wearing ‘female clothing, with hat and ribbons, and hair hanging down his back’. When questioned he continued to speak in a high-pitched impersonation of a female voice, as he had being doing as he stood beside the kerb in Camberwell.

Boseley told the magistrate (Mr Biron) that there had been multiple complaints about the duo and that they ‘were old mendicants’. Saunders could often be seen pushing Bennett around in ‘a perambulator’, always dressed as a woman, and always begging for money. He saw them as a couple of charlatans who were entirely underserving of the public’s sympathy, let alone their money.

Today however, I wonder what we would make of them. Was Bennett merely donning female attire as a ruse to con people, or was he cross-dressing because he felt more comfortable in women’s clothes? We have only very recently begun to accept that gender is more fluid and the term ‘transgender’ wasn’t coined until 1971. In 1870 two men were put on trial for transvestism, but there was insufficient evidence to convict them.After 1885 men who dressed as women were sometimes prosecuted as homosexuals, again demonstrating a contemporary misunderstanding of those that cross gender boundaries.

The beginnings of attempts to understand transgender issues can be seen in the late nineteenth century but for a sympathetic understanding we have to wait till late into the twentieth century. Even now those that feel uncomfortable in the gender they were born into and who are brave enough to present themselves as the person they know and believe themselves to be can find it a very tough experience. We are only very slowly adjusting to the idea of all gender toilets and allowing people to be whom they want to be.

Was Henry Bennett ‘trans’? It is impossible to know of course. Mr Biron was convinced he was a beggar and said he would remand the pair for further enquiries. At this Bennett fainted in the dock, although the papers saw this as a yet another example of imposture and an opportunity to poke fun at him for the amusement of its readership. On the 9 July they were brought up again and the magistrate sent them both to prison for a month for begging, declaring them to be ‘rank imposters’.

As he was led away Bennett cried out: ‘A month, what for? I didn’t beg; I only give bits of scripture comfort’.

[from The Standard, Wednesday, June 30, 1886; Reynolds’s, Sunday, July 11, 1886]