‘You answered him back and used your tongue pretty freely’: patriarchal dismissal of domestic abuse

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Here are two cases of domestic abuse from 1875, both handled slightly differently by the magistrates involved, but both revealing of contemporary attitudes.

Daniel Lambert had run his own pub but the business had failed and he’d been forced to sell up and move to a house in Notting Hill where he lived with his wife. It seems he blamed his wife for their misfortune and consoled himself by going out and getting drunk alone.

One evening he returned home after a session at the pub and his wife, Amelia, was standing at the gate, ready to scold him for his drinking. He told her to go inside. She carried on her critique and he threatened to ‘kick her to pieces’ if she didn’t stop. Amelia gave in and went upstairs but Lambert followed and beat her anyway. The couple ended up in court at Hammersmith before Mr Ingham.

Lambert’s barrister (Mr Whitty) argued that his client was provoked by her constant nagging. So ‘you abused him?’ the magistrate asked her, ‘you answered him back’, and ‘used your tongue pretty freely?’

‘No, sir’ she responded. ‘He struck me, pinched me, and kicked me […] I got away from him and called a constable, but he would not take him, as he did not see any blow struck’.

The police were reluctant to interfere in a ‘domestic’ unless they saw clear evidence of violence. This cooper wouldn’t examine her either, because the bruises she had were under her clothes and he said he could not see them without a doctor being present. This drew laughter in the court, as had the justice’s remarks about Amelia using ‘her tongue pretty freely’.

However, despite being ridiculed by a male dominated court Amelia did have one ally, the landlady that ran their house. She told the court that Mrs Lambert was a ‘most sedate woman’ and not the monster that Lambert and his brief wanted to make her out be. Daniel Lambert said she had sold all his goods when the business failed and had threatened to poison him, but there was no evidence for any of this. In the end Mr Ingham ruled that Lambert would have to find tow sureties in £20 each to ensure he behaved himself, for just two months. It was a legal slap on the wrist and reflected the reality that the magistrate thought that Amelia was to blame for her husband’s violence.

On the same the say the newspapers reported another case of domestic violence, this time heard before Mr Cooke at Clerkenwell. On Friday 16 July Mrs Badcock was making breakfast and getting her children ready for school. She picked up a pair of her husband’s trousers and heard money rattling in a pocket. The children had no shoes and Benjamin Badcock was lazy and rleucatnt to go out to work. The family were in poverty and Mrs Badcock suggested that since Ben had boots on his feet he might go out and earn some money so his children had some of theirs.

This sent the 47 year-old causal labourer into a rage and he turned on his wife, hitting her and throwing her onto the bed. She’d been holding a knife while she made breakfast and he seized this and threatened her with it. Fearing that he would kill her the couple’s eldest daughter, Mary Ann (16), rushed between them.

Badcock turned his anger on her now and thumped her in the face several times. When he had gone they left the house and applied for a warrant to bring him before a magistrate. Now, in court, Badcock denied the assault merely claiming he’d ‘slapped’ his daughter’s face for insubordination, as he was entitled to. Mr Cooke didn’t comment on the violence (or at least his comments were not recorded) but he also required Badcock to find two sureties (in this case for £25 each) to keep the peace towards his wife and daughter for six months.

In both cases a man had abused his wife (and daughter in the second example). This was routine, common and often punished similarly at the time. Would the sanction have worked? It is very hard to say but I strongly doubt it. There was an existing culture that tolerated male violence towards females (wives, partners and children) and we have struggled to leave that culture behind. Domestic violence and abuse (for abuse takes many forms, not all of which are physical) is notoriously difficult to quantify. However, there are currently an estimated 2,000,000 victims every year. Over a quarter of women aged 16-59 have reported some form of abuse from partners or other family members, and the figure for male victims runs at around 15%.

So this is not a Victorian problem, it is a very modern issue and while it increasingly affects men as well as women, boys as well as girls, it is predominately a problem related to male anger and male violence. History shows us that ignoring it, or pretending that it is a small isolated group of ‘bad’ people that are responsible, is not going to solve the problem. When we factor in the reality that around 35-45% of all homicide victims are killed by someone close to them then perhaps we see just how serious a social issue this is.

[from The Standard, Monday, July 19, 1875]

Spare the rod and spoil the child? Not if the vicar has his way

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Legislation in 1847 and 1850 brought nearly all no violent crime committed by juveniles under the jurisdiction of the magistrate. Developments in the 1850s then empowered justices to send boys and girls from 8-14 to reformatory or industrial schools to be disciplined and to learn some basic life skills. This did a lot to remove young people from the adult courts where, for centuries, they had been dealt with alongside all other offenders. It took another half century (to 1908) before separate courts were created for juveniles but we can see the mid century acts as an improvement of sorts.

William Frewen wasn’t in a reformatory in 1863 but he could well have been. William attended Barnes National School in South London. He was listed as a scholar and lived near by. In early January 1863 the school was still closed up for the Christmas holiday but a break-in had been discovered. The schoolmaster’s desk had been forced open and a small money box was missing.

The box (described as the ‘missionary box’) was used to hold donations for charity and at the time contained about 10s). Young William had already gained an unwelcome (if not unwarranted) reputation for pilfering and it was to him that the school master turned when he learned of the theft.

William denied everything but he was taken to see the local vicar, the Rev. Coplestone where, after another boy said he’d seen William enter the office by an open window, he confessed. Perhaps because of the confession or maybe out of a sense of Christian forgiveness the reverend told the magistrate at Wandsworth Police court that he was reluctant to press charges.

After some discussion the vicar and Mr Ingham (the magistrate presiding) decided that while they would not take this further (and send the boy away) he did require some form of punishment, if only to deter future acts of criminality. Mr Ingham ordered that he be given over to the local police sergeant so he could ‘receive eight strokes with a rod’.

Hopefully that short, sharp, lesson would be quickly learned and William would mend his ways. If not then it is likely that he would become a fairly regular occupant of a Police Court dock.

[from The Morning Post, Friday, January 09, 1863]

‘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.

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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]