‘I have murdered my wife, and I shall be hanged for it’: An old man’s sad confession 

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PC Edward Steward (319K) was on duty in Devons Road, Bromley-by-Bow on the morning of Tuesday 26 December 1871, Boxing Day, when he heard a cry of ‘Police! Murder!’ Shouts like that were not uncommon in the East End of London but the constable quickly ran towards the cry.

The noise had come from a house at 5 Bromley High Street and as the policeman entered he found an elderly man, splashed with blood, sitting forlornly in the doorway. PC Steward asked what had happened and the man replied:

‘I have done it at last. I have cut my wife’s throat’.

Pushing past him the officer into what was the couple’s marine store, where he found the victim sitting on a chair with a nasty long cut running down the side of her face. Her dress was ‘completely saturated with blood’ and he asked if she knew what had happened to her.

She said she didn’t, but probably to protect her husband who was clearly not at all well himself. The policeman followed the blood that stained the floor to the bedroom where there was a large pool of it congealing by the bed. A knife lay discarded nearby and he collected this and made his way back downstairs to the man and wife. When the man saw the knife he said:

‘That’s what I did it with. I have murdered my wife, and I shall be hanged for it’.

Their name was Hurley and having got help to have Mrs Hurley taken to hospital on a stretcher, he brought the old man, James, back to the police station to be questioned and charged. The next morning Hurley, PC Steward, and a doctor all appeared before Mr Lushington at Thames Police court.

The officer told the magistrate that before she’d been sent to hospital Catherine Hurley had finally told him the truth of what happened that morning. She was helping James to bed; he was an invalid she explained, and she had her arm around his neck. Suddenly he ‘flung his arms around quickly and struck me. I put my hands up to my face and felt blood trickling down it’.

The doctor said the wound, although not fatal, was dangerous. Catherine had sustained a wound that was 3 and half inches in length and she’d lost a lot of blood. He was keeping her in for the time being but he expected her to recover fully.

Mr Lushington (who had a reputation for dealing harshly with drunks, especially those that beat their wives, enquired as to whether James Hurley had been drunk at the time of the attack. The policeman testified that no, he seemed to be ‘perfectly  sober’ as did Mrs Hurley. Given the victim’s absence and because she was not yet completely out of danger the magistrate remanded Hurley in custody for a week to see how things unfolded.

I would seem Catherine made a full recovery and declined to press charges against her spouse. Although this was certainly an assault and possibly an act of attempted murder no James Hurley appears in the records of the Old Bailey Proceedings in the early 1870s for such a crime. He may have dealt with summarily later but I suspect Catherine knew her husband was not well in his mind or his body and accepted the outburst as a unavoidable consequence of whatever ailed him. Without her to press the case it is unlikely the police or courts would do much more.

One can only imagine the life Catherine Hurley had to endure, running a home, a business, and caring for an elderly husbands who retained the strength to hurt her, or worse, even if that might not have been his intention.

[from The Morning Post, Wednesday 3 January, 1872]

Murder most foul in Old Nicol Street

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Old Nicol Street (from an image on the St Hilda’s East Community Memories blogsite)

James Muir had spent the whole of Christmas in gaol. He’d been accused in mid December of the murder of Abigail Sullivan, with whom he ‘at times’ cohabited in Shoreditch. The couple had a tempestuous relationship and arguments (often drunken ones) were frequent.

It was a familiar story in the East End, where domestic violence was endemic and murder or manslaughter all too often the result. At some point the pair had separated, with a suggestion that Muir had been seeing someone else, a lodger at the house in Old Nichol Street where Sullivan had lived with him. This woman was Selina Lewis and she was present when the fatal attack occurred.

Lewis told the magistrate at Worship Street Police court (a Mr Rose) that Abigail Sullivan had been speaking with Muir in her room when things got heated. He hit her and she fell down. Muir then made to leave, saying he was off to get a drink. Selina left as well but came back a few minutes later with a boy. Since Abigail was still lying prone on the floor Selina told the lad to fetch over a lamp so she could examine her. When he did so they both saw that the poor woman was dead and blood was flowing from a wound in her chest.

The police were called and the body was assessed by Percy Clark, an assistant to Dr Bagster Phillips, (the police surgeon who had presided in several of the ‘Ripper’ murders in 1888). He testified in court that Abigail had suffered a fatal wound that had ‘penetrated the lung and divided the aorta. The cause of death was syncope [loss of consciousness] and loss of blood’. The weapon was produced in court, a ‘thin-bladed butchering knife’ and the police inspector present said it must have been wielded with ‘considerable force’.

Selina admitted that the quarrel had been about her and Muir’s relationship with her. The knife also hers but she’d not seen the prisoner Muir use it. That he had was not in doubt however, as he’d been arrested outside in the street by PC Brown (389H) who picked it up as the killer tried to throw it away. Muir was remanded in custody again so that Mr Sims, the Treasury solicitor, could summon five more witnesses for the prosecution.

It took until early February for the case to make it to the Central Criminal court at Old Bailey but then it didn’t trouble the jury for too long.

Muir, described elsewhere as a 39 year-old shoemaker, was found guilty of killing his former partner and the mother of his child, a baby whom Abigail had given into the care of another resident while she spoke to her errant common-law husband. One witness knew the pair well. Caroline Hall lived at 67 Old Nicol (while Sullivan had a room at number 4) and she told the Old Bailey court:

‘I have heard him threaten her—I heard him say that he would give her a good hiding some night, and that he would swing for her’.

James Muir did ‘swing for her’ on 1 March 1892 at Newgate Prison. He was hanged by James Billington and the motive given at the time was that although he and Abigail had split up she ‘still pestered him for money’. Presumably to support her little baby girl, who was now an orphan.

A very happy New Year to everyone reading this and especial thanks to those who’ve been reading my posts on a regular (or irregular) basis for the past year or more. In 2019 my next book will come out – a co-authored analysis of the Whitechapel and Thames Torso murders with my friend and fellow researcher Andy Wise. Hopefully it will be published by Amberley in June, but I’ll keep you posted on here.

[from The Standard, Friday, 1 January, 1892]

‘Sisters’ show solidarity as their bigamist husband is gaoled

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One of the more unusual crimes to reach the Central Criminal court at Old Bailey was bigamy. I say ‘unusual’ because amongst all the violence, theft and fraud it appears to represent a more ‘civil’ offence (legally speaking). Like divorce, or breach of promise, we might have expected it to be dealt with by the civil courts rather than the criminal. But unusual also, because it was rare.

Bigamy was contained within the Offences Against the Person Act of 1861 (14 and 15 Vict. c.100) which stated:

Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding seven years.

 In 1878 Walter Horace Bartlet, a 22 year-old carpenter living in Friern Park, North London, appeared at Hampstead Police court charged with that offence. Both his wives were in court to witness the hearing but Emma Bartlett (his first and only legal spouse) was not permitted to give evidence under the terms of the legislation on bigamy.

Bartlet’s sister was also present, having been subpoenaed by the police, and she told the court that her brother had married Emma ( neé Hughes) at Handsworth Old Church in  Birmingham in May 1878. Walter had left the midlands and come to London for work and had found digs in Finchley where he met Emily Young. Emily was a domestic servant who lived with her mother in North Finchley.

The pair had courted ‘for three or four months’ before Walter popped the question. He never once told Emily he was already married and on the 7 December the couple were wed at St John the Baptist’s church, Hoxton. Poor Emily was informed on her wedding night that her husband was already married and it was her that got in touch with Emma in Birmingham.

In court the women stood side by side in solidarity, both having been wronged by a man that had deceived them. Mrs Emma Bartlett signed the charge sheet and the magistrate formally committed the young carpenter to take his trial at the Old Bailey. On the 13 January Walter pleaded guilty as charged and was sent to prison for twelve months.

The law has changed little since 1861: it is still an offence that carries a prison sentence (although there is now an allowable defence for the person that genuinely believed their former spouse was dead). In 2008 Roderick Sangster (a former Church if Scotland minister) was sent to prison for three years for marrying one woman while still being married to another. He probably didn’t help his case by skipping bail and going on the run, he also ran up large debts in his wife’s name, forging her name on a loan agreement.

As with the Victorian case it was Sangster’s wives that were the victims here, which perhaps help explain why this offence is dealt with alongside others which leave someone hurt, emotionally, physically or financially.

[from Reynold’s Newspaper, Sunday, 29 December, 1878]

Bigamy was rare but for other articles in which it features see:

Is it better to plead guilty to bigamy than risk prison for debt?

The sailor and his two wives (or is it the wife and her three husbands?)

‘Matrimonial miseries’ in the East End of London

An avoidable tragedy at Christmas

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James Arthur and Timothy Howard worked together at a charcoal factory in New Gravel Lane, Shadwell. They were workmates and drinking buddies but not close friends. That said, they rarely quarreled and both were hard workers who were well spoken of by their employer.

They were employed to work on a platform which stood 18 feet above the factory floor and on Christmas Eve 1868 both were working there even though it was late in the evening. Perhaps with their minds on how they would celebrate Christmas and the Boxing Day holiday they started to talk about beer and how much they might drink. A ‘chaffing match’ ensued as each man boasted about the amount of drink he could get on credit (a measure of their financial worth of sorts) and this escalated into a row.

Howard taunted Arthur, suggesting that in the past he’d used a woman poorly and run up a debt on her behalf before leaving her. What had began as friendly ‘banter’ quickly descended into open hostility and Arthur looked dagger at his mate. He reached for a shovel and threatened Howard with it.

Realising he’d gone too far Howard tried to calm things and told his workmate to put the makeshift weapon down. When Arthur declined the two came to blows and the pair swore at each other. Howard struck him once or twice without return and Arthur staggered backwards. He missed his footing, slipped, and tumbled over the edge of the platform, plummeting the 18 feet down to the floor.

Howard clambered down the ladder and ran over to his mate, ‘who was quite dead’, his neck broken.

The foreman arrived on the scene and, seeing what had occurred, called the police. Howard was arrested while the police surgeon examined the deceased. Howard tried to say he’d not hit his friend but there had been at least two witnesses who’d been drawn to the noise the pair had made in their arguing.  Mr Benson (the magistrate at Thames Police court) remanded Howard in custody so that these witnesses could be brought to give their testimony.

At a later hearing Timothy Howard (described as an ‘Irish labourer’) was fully committed to trial for the manslaughter of his work colleague. On the 11 January 1869 he was convicted at the Old Bailey but ‘very strongly’ recommended to mercy by the jury who accepted that it was really a tragic accident, their was no intent on Howard’s part. The judge clearly agreed as he only sent the man to prison for a fortnight, a shorter term than many drunker brawlers would have received at Thames before the magistrates.

[from The Standard, Monday, 28 December, 1868]

A Victorian version of a very ‘modern’ crime

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Ordered on Foreign Service, by Robert Collinson (The Ashmolean Museum of Art and Archaeology)

One of the most modern of crimes is the sale of fake goods and the evasion of copyright. Most of us will have seen street traders selling what purports to be expensive perfume, handbags and watches at knockdown prices, and some of us may even have been offered unrealistically cheap electrical goods from someone called ‘Nigel’. Many people I know download movies or music from the internet without the creators getting the full (or any) remuneration for their talent and others live stream football or other sports events directly, bypassing Sky or BT’s commercial operation.

I say this is ‘modern’ but of course, like most crime, it really isn’t. There are new methods for criminality (like cyber crime and identity fraud) but the underlying crime remains the same. The same is true for selling things without the license to do so and ripping off the creator of art or music in the process. This is what brought three men before the Lord Mayor of London at his Mansion House courtroom in December 1868.

William Coleman, John Lawrence, and William Hooper were severally charged with conspiring to ‘sell pirated copies of photographs of copyright paintings and drawings’. The prosecution was led by George Lewis ,a  lawyer representing Graves and Co, a well established firm of publishers and engravers based in London’s Pall Mall.  All three defendants had engaged lawyers of their own, including Mr St John Wonter (who has appeared elsewhere in this series).

The facts were thus: detectives employed by Graves & Co. had been watching the trio for some time.  He had bought several pirated copies of famous paintings including William Powell Frith’s ‘Railway Station’, and other works such as ‘The Last Kiss’, ‘Nutcrackers’, and ‘Ordered on Foreign Service’.

To give some idea of the value of these the Lord Mayor was told that on its own the copyright for ‘Railway Station’ had cost Graves & Co. £24,000. That was a huge sum of money in 1868, about the equivalent of £1.5m today. This shows that the market for reproductions of Frith’s famous painting (below) was vast, so no wonder the three men were prepared to take a risk to make money for themselves.

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The Railway Station by William Powell Frith

A picture dealer who operated out of premises in Vauxhall testified that he’d bought several copies of each of the images (including ‘Railway Station’ and ‘Last Kiss’) for 1s 6da dozen. At such low prices he could make money on top and he saw nothing wrong in doing so. In court the defense was that the men had no intention to injure Graves & Co. by selling cheap copies, there were just filling a hole in the market. Hopper said he was sent similar photos every day for mounting and he hadn’t seen there to be any crime in creating photos of his own.

The Lord Mayor saw things differently however and committed all of them to face trial at the Old Bailey in the New Year. Lawrence and Hooper he released them on significant bail  (£100 each) but Cooper was unable to find sureties and so was locked up again. He would spend Christmas in gaol.

It took until May 1869 for the three men to be brought to trial at the Central Criminal Court. There Coleman pleaded guilty to the charges and Lawrence was convicted and sent to prison for 12 months. Hooper was acquitted and left court a free man.

[from The Morning Post, Friday, December 25, 1868]

I’d like to take this opportunity to wish everyone reading this (and amazingly there are quite a lot of you now!) a very merry Christmas! I’ve been writing this blog since April 2016 and the numbers of readers has steadily increased. I’d be interested to know if ‘regulars’ would like something different or more of the same in 2019. Leave a comment or email me at drewdgray17@gmail.com if you have any thoughts.

Thanks for reading!

Drew 

A defiant cook takes her chances before a jury

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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]

‘Such things are a disgrace there’: A Dutchman tries to save his father’s shame by dumping his grandchild on the streets of London

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Lower Thames Street in the late 1800s

One of the subjects that continues to fascinate my undergraduate students is infanticide. Almost invariably they approach the topic wanting to understand how a mother could deliberately murder her newborn baby. Looking through the very many cases that came before the Old Bailey they are understandably shocked at the stories of women who cut their infant child’s throat, or smothered it at birth, before dumping the body in the nearest privy.

Without wishing to deny the reality that some mothers did kill their newborn babies I think most historians would agree that this was probably the exception rather than the rule in infanticide cases. Babies died in childbirth much more often in the eighteenth and nineteenth centuries, before advancements in medical care arrived in the 1900s. Most importantly the women accused were invariably single, poor, young and from the servant class. These young women had fallen pregnant and then had tried to conceal this from their families and employers, for fear of being condemned as immoral and, in the case of servants, being dismissed from service.

Illegitimacy is not an issue in most Western societies today. Very many people choose to live together before they marry and some do not marry at all yet still have children. This has been widely accepted in most communities in Britain since the 1970s if not a little earlier and the word ‘bastard’ has almost lost its original meaning.

However this was far from true in the 1800s, even if – as this case perhaps implies – London was seen as a more progressive city than some in Europe.

In December 1875 Samuel Whiffin was walking towards London Bridge on Lower Thames Street when he noticed a parcel lying near a doorway. As a policeman was approaching from the opposite direction Whiffin called him over and pointed out the package. PC Holly examined it and realized that it contained the body of an infant.

To his relief the baby was alive but very cold, so PC Holly carried it off to the Home for the Houseless Poor. This charity provided ‘nightly shelter and sustenance to the absolutely destitute working- classes, who are suddenly thrown out of employment by inclement weather’.* Having been looked after by the charity the child was next taken to the Homerton Workhouse and the search for its parents began.

Three days later Jans Hans, a Dutch labourer living at 3, Walburgh Street, St George-in-the-East, was brought before Sir Robert Carden at  Mansion House to be examined concerning the abandonment of the child. He was accused along with his sister, who was in St George’s hospital and too ill to attend.

The court heard the evidence of PC Holly as to the finding of the baby and then from a Mrs Plaggenine, a German woman who was landlady to Hans and his sister. Sir Robert was interested in the revelation that the siblings shared a single room in the property, and intimated that this was not normal. Mrs Plaggenine ignored, or did not understand, the magistrate’s question, but the suggestion of incest was left hanging in the air.

The policeman that had arrested Jan Hans questioned him about the child and reported that the man had admitted leaving it in the street on the previous Thursday. Hans told him that he had set the child down then retired to a safe spot where he could watch to see that someone stopped and rescued the baby. He had tried advertising the baby for adoption but had no success.

Hans and his sister were desperate, the Dutchman now explained to the alderman. They were very poor and couldn’t afford to raise a child. His sister had traveled from Holland ‘to be confined’ (to give birth) because the father refused to take responsibility for it. He added that ‘such things were a disgrace there’.

Presumably because Jan lived and worked in London this seemed like a good solution to Hans senior. If he sent his daughter to England she could give birth and the child would be brought up by strangers in a strange country but at least his family’s reputation would be protected. The child had a lucky escape and it is hard to imagine the mental state of Hans’ sister who seems to have been almost entirely left out of the decision-making process. She was ill in hospital while her brother disposed of her baby and the alderman magistrate cast further doubt on her morality by suggesting it was the product of an incestuous relationship.

Jan Hans was remanded in custody so that the courts could decide what to do with him and his sister. If they couldn’t and wouldn’t care for the baby (and no adopted family could be found) then it would grow up in the workhouse like Oliver Twist, perhaps never knowing of it Dutch heritage.

[from The Morning Post, Monday, 20 December, 1875]