But is art? Photography in the dock in 1880

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Photography was still a fairly new science in 1880. The world’s first photograph was possibly that made in 1826 using Joseph Nicephore Niepce’s ‘Heliograph’. In 1835 Niepce collaborated with Louis Daguerre to create the first practical application (the ‘daguerrotype’) that, in 1839, led to the very first ‘selfie’ by Robert Cornelius. Improvements followed in 1871 (with dry plate photography) and then in the mid 1880s with the invention of the earliest ‘box’ portable camera.

It seems that along with the self-portrait early adopters of photography quickly recognized the commercial potential of a technology that could make multiple reproductions of popular images.

As many of us probably do when we visit an art gallery early photographers realized that taking photos of artworks could be profitable if cheap prints of them could then be sold. Even better if those prints were of human nudes.

It is not surprising perhaps that one of the early uses of photography was in the creation of more realistic pornography (or ‘erotica’ if you prefer a less judgmental term).

I’m sure Charles Newbold would have argued that his collection of photographic images were a form of art. Sadly for him he couldn’t, as in November 1880 he was locked up in Coldbath Fields prison serving a three-month sentence for ‘selling photographs of an immoral nature’.

While his son occupied his days in hard labour his father George found himself up before the magistrate at Marlborough Street Police court on a very similar charge. He was summoned to answer as to why a series of photographic images that had been seized by the police should not be destroyed.

His lawyer, Mr Geoghegan, argued that the images – which were taken from works of art – were not offensive and were in fact very useful for students of art to learn from. This was one of the first ways in which daguerreotypes had been used – to reproduce famous artworks in a form that students could learn from. These could black and white or coloured, like the shown here (right). Nude_woman_in_colored_daguerreotype_by_Félix-Jacques_Moulin

Coloured daguerreotype by Félix-Jacques Moulin, c.1851-1854

The police – represented by Mr St John Wontner – argued that they were obscene and constituted an assault on public morals. The Newbold brothers owned a shop where the materials were on sale, located in Charlotte Street, Fitzroy Square.

The justice, Mr Mansfield decided that he needed to see the pictures for himself if he was to determine how ‘immoral’ they were. He adjourned the case to make his investigations.

George Newbold was an established sporting photographer in the 1860s. Based at 303 and 304 The Strand, Newbold seems to have specialized in taking images of boxers for them to use as their carte de visites, and the V&A has several of these. However, George died in 1865 and the business passed to his brother Charles, and his two sons (George Francis and Charles).  It is possible then that Charles and his sons  had branched out into more ‘racy’ photos by early 1880s, but perhaps they were simply providing a legitimate service for artists short of live models.

In 1880 Charles junior (at 19) was listed as a ‘porter’ in his prison record, which hardly suggests that he was a successful photographic artist. His father was also in prison by August 1882 where his record states that he was a bookseller. His crime? Tried at the Middlesex Quarter sessions and convicted of:

maliciously and scandalously selling and uttering to frank froest, in an open and public shop, certain lewd and obscene photographic prints’.

His sentence? 18 months imprisonment. He was 50 and so would have been in his 30s in the 1860s when he was taking shots of boxers and others. It seems a shame that the relatives of a such  a talented artist as George Newbold  should find themselves locked up for selling ‘dirty pictures’. But perhaps that reflected the reality that photography was not an easy profession to make a living from in the late 1800s. And, of course, that there was (and still is) money to be made from erotica.

[from The Illustrated Police News, Saturday, November 6, 1880]

‘So after getting all you could out of him, you walked off with someone else?’: Love, music and discord in Lambeth

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The path of true love does not always run smoothly, and when things go wrong love can quickly turn to animosity. James Gray had been courting Georgina Hastings for three years, bringing her gifts and acting as a security for some of her purchases.

One of these was a pianoforte that she needed for her music lessons. Officially Georgina’s music tutor was guarantor for the piano but in reality it was understood that it was Gray that had undertaken to keep up repayments should Georgina miss any. She worked as a concert singer and she was a very attractive young woman, both of which meant that she was not short of admirers.

At some point her love for James cooled and someone else replaced him in her affections. When he found out James took his rejection badly.

After an evening’s work at the theatre Georgina came home around midnight to her rooms at 22 Lambeth Square to find the piano and several items of her clothing missing. She spoke to her landlady (Ellen Hare) and discovered that James had been round and cleared them out. Hare had given him the key after he convinced her that the property was his to take away. Georgina went to the police to get warrant for Gray’s arrest and on 1 August 1854 the couple were reunited in Lambeth Police court.

Gray was represented in court by a lawyer, Mr Wontner, who was to go on to serve as a police court magistrate later in the century. He established that Miss Hastings did not own the piano and that Gray was her de facto guarantor. He also prompted her to agree that the couple were to be married before she had ‘kicked him off for another lover’.

‘I don’t know what you mean by kicking him off’, Georgina replied, ‘but I suppose I had a right to change my mind if I thought proper’.

‘Yes, undoubtedly’, responded the lawyer, ‘but my client is a mason, and would have made you a good husband; and after three year’s courtship, I think it was quite time your loves were cemented’.

By now there was widespread chuckling in the court, though at who’s expense it is hard to judge. Georgina was unmoved, ‘that may be your opinion’ she said (it clearly wasn’t hers).

Mr Wonter continued, outlining the sums of money (amounting to around £100) that James had given his lover either in cash or presents over the three years of their relationship. Georgian challenged this admitting only that Gray had provided her with ‘five, ten, and sometimes fifteen shillings a week’. Even taking the mid point of these figures (76d) that still works out at close to £100 over three years so Wontner was not that much far of the mark.

And then, he told her, ‘after getting all you could out of him, you walked off with someone else?’

Georgina ‘did not condescend to answer this question’.

In summing up his client’s defense Mr Wontner told the magistrate (Mr Norton) that his client had removed ‘the property on finding he had been jilted and cut by Miss Hastings, and under the perfect conviction that it belonged to him’. Mr Norton, while he might have sympathized with Gray could not see any justification for taking the lady’s clothing. The lawyer conceded this and said his client was prepared to return the clothes and the piano, so long as he was no longer expected to act as security for it.

The magistrate agreed, and having removed the felonious elements of the charge this became a simple dispute over property. That being settled he was happy to discharge James Gray, who walked away to lick his wounds and find a new lover. Miss Hastings was free to return to her singing and her piano lessons but her reputation had undoubtedly suffered for having her love life publicized in the newspapers.

[from The Morning Post, Wednesday, August 02, 1854]

Murder in Wales but business as (depressingly) usual in London

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In mid March 1866 the trial of Robert Cox was concluding in Swansea. The body of John Davis had been discovered by police in Dyffryn Wood a long time after his disappearance. The body had been decapitated and the evidence led the police to Cox (or Coe). The jury had convicted Cox after deliberating for 12 hours and the judge, Justice Blackburn, ‘passed sentence of death in the usual manner’. The so-called ‘Mountain Ash murder’ resulted in the execution of Cox outside Swansea gaol on 12 April 1866. Cox confessed to killing his workmate after they had both been drinking. His was the last public execution in Wales.

Meanwhile the reports of the London Police courts reminded readers that most crime in the country was much more mundane. At Marlborough Street  Henry Baynes, a publisher’s clerk, was brought up again on a charge of defrauding his employers. He was accused of obtaining cheques by false presences from a number of publications including The Morning Post, the Owl, and Notes and Queries.  The prosecuting counsel was a Mr Wontner who was to go on to become a magistrate later in the century. On this occasion he managed to persuade the sitting justice that there was sufficient evidence against Baynes to send him for a jury trial.

At Southwark Mary Ann Vanna was accused to stealing a clock, coat and ‘other articles of wearing apparel’ from a house in Cole Street. She pleaded guilty in the hope of having the case heard summarily (and therefore getting a reduced sentence) and said it was the first time she’d been before a magistrate. The justice said he doubted that as she was a ‘well known character’ who lived with a ticket-of-leave man. He sent her to prison for six months at hard labour.

Over at Worship Street Mary Ann Taylor appeared in the dock charged with destroying her clothes in the casual ward at Shoreditch workhouse. She raised eyebrows in court because of the state of her dress:

‘beneath a dark wrap of a shawl and old bonnet she wore what was immediately recognizable as having been long since a nipped counterpane, but perfectly white and carefully patched and darned so as to exclude the clemency of the weather’.

When the magistrate asked the poor law officers why she was dressed like that they told him that when paupers destroyed their own clothes, with the expectation that the house would give them new, better ones, they supplied one of these ‘nice white dresses’ instead.

The effect was to humiliate the wearer and it seemed to have worked on Mary Ann who looked miserable and wept openly as she explained that she’d cut up her own clothes because they were ‘so filthy’. The magistrate sent her to prison for 14 days.

[from The Morning Post, Friday, March 16, 1866]

The man on the Dalston tram stands up for commuters everywhere

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In these days of contactless payments and Oyster cards it’s easy to forget that not so long ago one used to need a ticket to travel on London transport. I remember bus conductors with their machines spewing out paper tickets like the waiting systems in some supermarkets and surgeries, and we still have travelcards on the tube and trains. But how did our ancestors prove they had paid their fare, were tickets always required, and how were they issued?

When Alfred Pearl appeared at Thames Police court charged with ‘dodging’ his fare to Dalston Junction it revealed the system one tram company deployed to check passengers had paid.

Apparently the North London Tramways Company (NLTC) didn’t trust its their own employees. It had adopted a system whereby none of its conductors could collect fares from those boarding their trams. Instead a ‘collector mounts the car and collects the fare, giving to each passenger a ticket, which is to be delivered up on leaving the car’.

So you got on, waited until a collector got on, then paid him, and carried on your journey clutching your ticket. As long as you had one you were ok; fail to produce it however and you’d be asked to cough up. This seems very like the system of inspectors we have now. They may be infrequent visitors to the buses and trains of the capital but I’ve been asked for my ticket (or my contactless debit card) a number of times in the past 12 months.

Alfred Pearl had boarded a tram car at somewhere before Kingsland Road on a Saturday afternoon in August 1873. At Kingsland Road Philip Egerton, one of the company’s collectors, ‘demanded his fare in the ordinary way’ but Pearl refused him. He said would not pay his fare in advance, but only once he had reached his destination.

I suppose this is a reasonable position to hold given the unreliability of transport systems now and then. After all most people paid for services they had received, not that they were about to receive. Pearl said he was going to Dalston Junction and would pay his fare there, and so the tramcar carried on. At the Junction however Pearl now insisted he wanted to continue his journey further, and remained adamant that he would only pay on arrival.

The collector asked him for his name and address, and when Pearl refused to give them Egerton called over a policeman and asked him to arrest the man. The policeman was not inclined to waste his time but Pearl decided he was going to clear his name, and make a point, so he took himself to the nearest police station where he again refused to pay or give his name. The desk sergeant had him locked up and brought before a magistrate in the morning.

In front of Mr Bushby at Thames Police court Alfred insisted he had done nothing wrong. He ‘denied the right of the [tram] company to demand or receive his fare before he had completed his journey’. In response the NTLC’s solicitor Mr Vann ‘produced the by-laws of the company’, which clearly demonstrated (at section nine) that they were perfectly entitled to do just that.

Mr Bushby wasn’t clear how to proceed. He wasn’t aware of whether the company’s own by-law was valid and he would need time to seek advice and consider the legal implications of it. For the time being he adjourned the case and released the prisoner who went off loudly complaining about being locked up in the first place. Mr Pearl was no ordinary traveller either, he was smartly dressed and may have been ‘a gentleman’. It seems he was quite keen to test the law but hadn’t bargained on being held overnight as an unwilling guest of Her Majesty.

The case came back to court in October 1873 where the tram company were represented by a barrister as was the defendant. Astonishingly here it was revealed that Pearl had actually offered the policeman 10sto arrest him and the collector (Egerton) a whole sovereign if he would prosecute. It was claimed he declared he  ‘would not mind spending £100 to try the matter’.

This then was a clear case of principle to Mr Pearl.

His lawyer (Mr Wontner) cross-examining the ticket collector ascertained that Pearl’s defence was that when he had been asked to pay had explained that he had refused because:

his mother had on the previous day lost the ticket given on payment being made, and had been compelled to pay again’. He had told the collector in August that his own ticket had ‘blown away in a gust of wind’.

Evidently Pearl was not the usual fare dodger (and there were plenty of those brought before the metropolitan police courts) and Mr Bushby had no desire to punish him as such. He (the magistrate) also felt the circumstances of the arrest and imprisonment had been unjustified and so agreed Mr Pearl had been treated poorly. The by-law however, was ‘a very excellent regulation’ but ‘it was informal, and consequently not to be enforced’. The whole matter was, he was told, to go before the Queen’s Bench court for consideration so there was little for him to do but discharge Mr Pearl without a stain on his character.

Thus, the man on the Dalston tramcar (if not the Clapham omnibus) had won a small victory, but I doubt he won the argument in the end as we are well used to paying up front for a journey that might be uncomfortable, delayed, or indeed never reach the destination we ‘paid’ for.

[from Reynolds’s Newspaper , Sunday, August 24, 1873;The Morning Post , Saturday, October 04, 1873]