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]