Echoes of Oliver Twist as an Islington apprentice complains of being abused

Noah Claypole from Oliver Twist

By the mid 1840s the Victorian reading public were familiar with the work of Charles Dickens and his stories of everyday life. Between 1837 (when the young Queen Victoria ascended the throne) and 1839 Bentley’s Miscellany serialised the adventures of Oliver Twist as he escaped from the home of the Sowerberrys and the abuse he’d suffered at the hands of Noah Claypole and Charlotte, the serving maid.

Of course that escape was short lived as Oliver was plunged into the criminal underworld of the metropolis and the lives and crimes of Fagin and his gang of pickpockets. Happily of course ‘all’s well that ends well’, and Oliver finds redemption and peace in the home of Mr Brownlow, even if the plot does have a few more twists and turns along the way.

Oliver was a parish apprentice. He was placed first with a chimney sweep and then with Mr Sowerberry (an undertaker) as a way to get him out of the workhouse and off the parish books. Apprenticeship was not as popular as it had been 100 years earlier but it was still seen as a route to a respectable trade and steady income. Young people were apprenticed in their teens and learned a skill from their master before leaving to set up as journeyman in their early 20s.

The system was open to abuse of course; Dickens was not making up the characters of Noah and Charlotte, or Gamfield the brutish sweep. These sorts of individuals existed, even if Dickens exaggerated them for dramatic or comic effect. In the 1700s in London apprentices who felt aggrieved could take their complaints (or not being trained, being exalted, or even abused) to the Chamberlain of London in his court at Guildhall. Failing that they might seek advice and mediation from a magistrate.

Both sides approached the Chamberlain and magistrate in the Georgian period and apprentices were released from their contracts or admonished in equal measure. For a master the courts were often a useful way to discipline unruly teenagers who simply refused to obey their ‘betters’.  However, other masters resorted to physical chastisement in their attempts to discipline their disobedient charges.

Sometimes this went too far, as in this case that reached the Police Court magistrate at Clerkenwell.

Joseph Mitchely was a parish apprentice, just like the fictional Oliver. He was aged 14 or 15 and had been bound to an Islington  ‘master frame maker and french polisher’ named Wilton. In early November he had complained to the court that Henry Wilton was beating him unfairly and the magistrate ordered an investigation to be made. He called in the parish authorities (in the person of Mr Hicks) who made some enquiries into the case.

Having completed his investigation Mr Hicks reported back to Mr Tyrwhitt, the sitting justice at Clerkenwell. He declared that the boy had exaggerated the extent of the ‘abuse’ he’d supposedly suffered and was now apologetic. Apparently, young Joseph now ‘begged his master’s forgiveness’.

Mr Tyrwhitt discharged the master frame maker and told the boy to return with him and make his peace. He added that in it might be better if any further disputes between them were brought before him or one of his fellow magistrates, and suggested that Mr Wilton avoid ‘moderate correction’ in future. Hopefully both parties had learnt a valuable lesson   and were able to move forward in what was a crucial relationship (for Joseph at least).

[from The Morning Chronicle, Tuesday, November 21, 1848]

‘I like the workhouse, they give me good food there’: two stray waifs on London Bridge

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George W. Martin was a music teacher with a social conscience, a man that comes across as a real-life ‘Mr Brownlow’, the benevolent savior of ‘Oliver Twist’. In early November 1872 Mr Martin was walking across London Bridge when he spotted two street urchins begging.

They were tiny, virtually without clothes, and seemed to be siblings. One of them – a boy of 7 named Patrick Davey – asked him for a halfpenny and George bought them both some food. As they ate he asked them why they were out on the streets begging they told him that they had no choice; ‘they must take money home or [their] father would thrash them’.

The kindly gentleman now called over a constable who took them to a police station house so investigations could be made. Once their address was determined an officer was dispatched to fetch their father and the following day the trio were brought before Mr Benson at Southwark Police court.

Whilst Patrick and his sister Bridget (6) shivered in the dock ‘almost in a state of nudity’, they did not seem to be starving. Their father – ‘a tall powerful man’ – promised his worship that the children were well-fed, and he assured him he never sent them out to beg.

However, it was not the first time Davey had been summoned about his wandering offspring. The man agreed and apologized but said their was little he could do. He had to go to work early each day and they children had no mother at home to look after them.

Patrick had lost his jacket and told the magistrate he’d sold it. Overnight the children had been kept in the workhouse and Patrick said he quite liked the place because, he explained, ‘they give me good food there’. Clearly food was his driving force.

Mr Benson ordered that they be taken back to the workhouse for a week and hoped (perhaps as a result of the coverage of the story by the press) that ‘some benevolent person’ might help support getting them into school. Perhaps Mr Martin would, having already shown a willingness to get involved where other had not.

Of course they should never have been in such a situation. Two small children should not have been out unaccompanied and begging in the streets of the capital. This was exactly the sort of social problem that Dickens was keen to expose in his writings. Patrick and Bridget deserved an education and a proper childhood, goodness knows what might have happened to them had not the music teacher intervened.

Two years earlier, in 1870, the Forster (or Elementary Education) Act had introduced compulsory primary education for children aged 5-13 but attendance was only enforced by school boards and it wasn’t free. After 1876 the poorest pupils could get free education if they were provided with a certificate by the parish. In 1880 the rules on attendance were tightened, putting the responsibility for ensuring it on local authorities and not simply the school boards.

In 1884 a commission reported that 50,000 London school age children were hungry. Free primary education arrived in 1891 when the Elementary Education Act required the government to pay a ‘fee grant’ of 10for each child aged 5-13 and prohibited schools from charging fees themselves.

So before 1891 education was a luxury that many families could not afford. Moreover, there was nothing provided in terms of childcare or nurseries for the poor, and many families relied on their children’s labour to supplement low incomes or help with caring responsibilities.

This Victorian lack of education is however, a thing of the past. Now children can be educated at the state’s expense in state of the art schools up and down the country. Yes they lack facilities, and many still go to school hungry, and truancy levels and exclusions remains a problem, but we do have free schools.

If only the poverty that Bridget and Patrick experienced – with a father that was in work remember – was also a thing of the past. It is not of course; over the last decade child poverty rates have risen to the point that we now have something like 4,000,000 UK children living in poverty. This is one of the worst rates of poverty in the industrialized world, not my words but those of the Children’s Society.

The election that is looming is one of the most important in a generation, and more important for the future of our children than any I can remember. We have the thorny subject of Brexit and our economic prosperity; we have the climate emergency and the need to take urgent radical action; and we have child care, health care and social care – three key issues that help support families in the UK.

This is an election about the future not about narrow and limited party political battles or the individual careers of over privileged politicians. Like 1945 this is an opportunity to change society for the better, and to change it so it works for the many, not the few.

[from The Morning Post, Saturday, November 02, 1872]

‘The water rushed in with such violence’: the flooding of Southwark workhouse

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Southwark workhouse c.1910

It always seems strange to be looking at the news and seeing scenes of devastation caused by flooding in the summer. The situation at Whaley Bridge in Derbyshire is awful and surely yet another example of how climate change is affecting the planet. But it is August and I associate torrential rain and flooding with the autumn and winter, not the summer.

Clearly I’m no meteorologist and even a casual glance back at the past reveals that sudden downpours and extreme weather is not a new phenomenon (even if the climate emergency we are now facing most certainly is).

In August 1846 three young girls were brought before the magistrate at Southwark Police court to be disciplined for their disobedience. The girls, who are not named in the newspaper report, were all inmates of the Southwark workhouse on Mint Street. Their crime – such as it was – appears to have been a refusal to do the work that was allocated to them by the institution’s porter, who was in court to testify against them.

He explained that on the previous Saturday (the last one in July) there had been a storm that had caused severe flooding in the basement. He had instructed the trio to help carry several beds from the ward to the upper stories of the building. Southwark workhouse was built in 1782 as a three story structure with a new section added in 1844. The ward in the basement was called the ‘probationary ward’ and it housed some of the sick female residents.

The flood was frightening, one inmate told Mr Secker: ‘the water rushed in with such violence, that before she could escape with her child it rose up as high as her waist, and it was only providential that some of them were not drowned’.

The three girls were asked to explain their refusal to carry the beds upstairs. They stated that the beds were simply too heavy for them and ‘above their strength’. Had the porter and workhouse staff allowed the beds to be separated (i.e. taken apart rather than left whole) then they could have managed it and been happy to do it. They added that they were then punished by the porter by being forced to remain in the flooded basement and ‘treated with much rigour’.

We know that workhouses were terrible places often run by cruel overseers who treated the inmates appallingly. Oliver Twist may be a novel but it is not a fantasy. In 1865 a report by the medical journal the Lancet condemned the state of Southwark workhouse stating that it ‘ought to be removed, and one built better adapted to fulfil its duties to the poor and sick of the neighbourhood’. Regardless of this it continued to serve the area until 1920.

‘Pauper bastilles’ like Southwark were designed to be places you did not want to enter. Under the principle of less eligibility’ set out in the 1834 Poor Law Amendment Act going into a workhouse was supposed to be a least resort. The aim was to deter anyone who was able bodied from seeking poor relief. Only the sick and old would ask for help from the parish, everyone else would try to find work, any work, rather than enter the ‘house’.

Mr Secker could see that the three little girls had done nothing wrong, at least not in the eyes of the law. He stopped short of admonishing the cruelty of the porter who had tried to make children carry heavy iron beds up from a flooded basement and then locked them in a dark wet ‘prison’ as a punishment. Instead he simply said that no further punishment was necessary or appropriate and discharged them, presumably back into the ‘care’ of the parish authorities.

[from The Morning Post, Tuesday, August 04, 1846]

A poor lad is exposed to shame and ridicule by the callous workhouse system

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The Victorian period is synonymous with the harsh treatment of paupers in the workhouse. We draw much of our popular imagery of the workhouse from Dickens (and film and television adaptions of Oliver Twist in particular) and from now fading folk memories of the dreaded ‘house’. There are good late nineteenth century descriptions of the workhouse from men – social reformers and journalists – who visited them, sometimes in disguise. These give us an idea of the deprivations that those forced through poverty to enter them were exposed to.

The newspaper reports of proceedings at the Police Courts of the metropolis are another excellent way to ‘experience’ the reality of these cold and uncaring institutions and assess wider attitudes towards poverty and paupers. On many occasions malingerers and ‘shammers’ were brought before the magistracy to be punished for begging. Vagrants were rounded up by the police and given short sentences by the courts. The Mendicity Society brought prosecutions against those they thought were faking their injuries, and sometimes of course they were right. Just as today not every beggar with a hard luck story is telling the truth. But the courts also helped the poor, handing out small sums of money and, as in today’s case, taking to task or even punishing those that abused paupers in their care.

In late May 1868 the Thames Police court was graced with the presence of the 5th Marquis of Townshend. John Villiers Townshend (whose Vanity Fair caricature can be seen right), was the member of parliament for Tamworth and enjoyed a reputation as ‘the pauper’s friend’. Townshend was a social reforming politician who made it his business to know what was happening in the capital’s workhouses.  He was in court in 1868 to point out the mistreatment of a young lad in causal ward of the Ratcliffe workhouse. mw06374

The young man, who’s name is not given, had been released on to the streets wearing a rough canvas suit of clothes which was printed with the following text:

‘Jack from the country’ (on the back of the jacket) and ‘Lazy scamp’ on one trouser leg.

The intention was clear: when the lad left the ward he would be exposed to ridicule in the streets and, presumably, this was done deliberately to deter him from ever seeking asylum there again. After all one of the driving principles of the poor law was to deter the ‘undeserving’ poor from seeking help from the parish. The workhouse had to be awful, the logic ran, so that the last and feckless would not think of going there. Instead the workhouse was to be a place of last resort, used by the ‘deserving’ or genuinely impoverished who really had no alternatives.

Having been presented with this disturbing scene Mr Paget, the Thames magistrate, sent a runner to bring Wilding, the labour master and superintendent of the Ratcliffe workhouse, to the court to answer for himself. Wilding said he’d followed the rules. The lad had been given food and shelter I the ward but he’d chosen to cut up his own clothes and so had nothing to wear. That’s why he’d given him the rough canvas suit, what else was he to do? He marked the suit accordingly as what he clearly felt was an appropriate punishment.

The pauper explained that the reason he had ripped up his clothes was that ‘that he could not wear them any longer, they were very dirty and covered with vermin’.

Mr Paget took the side of the lad (or perhaps more obviously that of the marquis). He instructed the clerk of the court to send a letter to the Poor Law Board to report the misconduct of the labour master. Lord Townshend said he would also bring the matter up with the board. ‘If paupers were thrust into the streets with such extraordinary comments and inscriptions on their garments it would’, he declared, ‘give rise to inconvenience and breeches of the peace’.

More practically the marquis also undertook to provide the lad with a new set of clothes and a pair of stout boots. The canvas suit would be returned to the Ratcliffe workhouse, hopefully for disposal. The watching public gave him a rousing cheer as he left the courtroom, here was one small victory for the ordinary man over the hated keepers of the pauper ‘bastilles’

[from The Morning Post, Tuesday, May 26, 1868]

If you enjoy this blog series you might be interested in Drew’s jointly authored study of the Whitechapel (or ‘Jack the Ripper’) murders that is published by Amberley Books on 15 June this year. You can find details here:

‘We got a little list’:’SmartWater – nineteenth-century style – foils a burglar

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A news report last week suggested that Londoners were up in arms because the police had concentrated so much of their attention on knife crime that burglars were able to loot properties with impunity. Of course the police refuted this but it does seem that given the huge cuts that the Home Office have made to the Met’s budget over the past decade have impacted the force’s ability to fight crime in England’s capital. Quite obviously the police can’t be everywhere all at the same time, and so they have to prioritize. However frustrating that might be for victims of burglary (and having been burgled in the past I can appreciate how they feel) tackling record levels of knife crime must come first.

The solution, some say, is in preventing burglary and much of that responsibility lies with the homeowner. From the last quarter of the nineteenth century burglar alarms (which were advertised in the national press) have been on the market for those than can afford them. Now we are also being urged to use ‘smart water’. According to the website of the leading manufacturer of this anti-theft technology:

SmartWater contains a ‘unique code within the traceable liquid [which] provides an irrefutable forensic link back to the owner of stolen goods and also links criminals with the scene of their crime’.

So if thieves do break in to your home and steal your stuff you stand a reasonable chance of getting it back and seeing them caught and prosecuted.

Wind back to the 1880s however and no such technology existed. If the police wanted to catch burglars they had to do so through traditional policing methods (such as information gleaned from informers, surveillance, and the alertness of ‘bobbies’ on the beat) and a good deal of luck.

Fortunately thieves weren’t always that ‘smart’ themselves. Having stolen goods they then had to get rid of it, usually via a ‘fence’ (a receiver like Fagin in Oliver Twist) or at a pawnbrokers. Some pawnbrokers probably turned a blind to a watch or bracelet’s provenance, happy to make a bit of money themselves.  Others were much more honest, tipping off the police when something (or someone) ‘dodgy’ turned up.

And it seems the police also had a list of stolen items, which they circulated amongst the trade (‘brokers, jewelers, chandlers, and other dealers who might be offered stolen property for resale). This was the undoing of one burglar, Henry Moore, who was charged at Bow Street with the unlawful possession of an aluminum watch.

Moore had gone to a pawnbrokers in Broad Street, in Bloomsbury, and tried to pawn the watch which had a resale value of 10s. The ‘broker quickly identified it as being on the ‘Police List’ and called out for an officer.  The watch belonged to a haul of 120 watches that had been stolen from John Lock’s jewelry shop at 78 Tottenham Court Road on 10 January 1884. Moore was arrested and taken before Sir James Ingram at the Bow Street office on 26 January, a little over a fortnight after the raid.

The police couldn’t prove that Moore had carried out the burglary but he couldn’t explain how he had come to have one of the missing watches in his possession. Unlawful possession was an offence in its own right, albeit a lesser one than burglary. It came under the jurisdiction of the magistrate, meaning he didn’t need to test Moore’s guilt before a jury. Instead he sentenced him to three month’s imprisonment and the gaoler led him away.

[from Lloyd’s Weekly, Sunday, 27 January 1884]

‘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]

‘You rascal you’: An early tale from Bow Street reveals contemporary prejudices

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This case is amongst the earliest I’ve looked at for the Metropolitan Police Courts predating in fact, both the beginning of Victoria’s reign and the creation of the Metropolitan Police. The style of the early reports from the Police Courts seem to suggest that the writers are working out how to present their stories in an entertaining way, while by 50 or 60 years later a more formulaic style of reporting has developed.

In the 1820s and 30s the audience for newspapers was smaller and less demographically brand;  papers were generally read by the well-do-do and wealthy. By the second half of Victoria’s reign the improvements that technology brought both to the production of newspapers and their distribution, along with a rise in literacy, meant that the reports of the summary courts (along will all other news) reached a much larger and better read audience.

Many of those reading the reports from the Police Courts in the 1880s (where I have spent much of this year so far) were members of the working class and they were often reading about people just like them. In the 1820s I suspect most of those reading about the goings on at Bow Street and elsewhere were reading about people  not like them, unless they were the prosecutors in these courts.

Regardless, editors still operated on the principle of mixing information with entertainment and a heavy dose of social comment. Class is clearly important, as is the maintenance of social position and ‘respect’. This case provides plenty of opportunity to smirk at the pretensions of youth, at respectability, and class, all served with a dash of prejudice on top.

Mr Merix was a ‘dashingly dressed young man’ who appeared at Bow Street to make a complaint about another young man that he said had assaulted him. For no obvious practical reason the The Morning Post’s reporter tells us that Merix was ‘a Jew’ and describes him as self-obsessed and vain: ‘no man or boy ever appeared on better terms with himself’, notes the writer. In addition Merix spoke with a mild stutter which the report delights in rendering in print.

It is pretty clear then from the start of this short court report that the editor is using this story as entertainment and an opportunity to poke fun at Merix and those like him.

The person accused of assaulting Merix was a Mr Zinc, a ‘Musician in the Orchestra at Covent Garden Theatre’. He appeared ‘voluntarily’ we are told, and this helps establish where the paper’s sympathy lies.

Merix complained that on the previous Thursday evening he had met Zinc in the street and the other man had knocked him down without the slightest provocation.

Mr Halls, again for no obvious reason, asked him who he was.

‘Why, Sir – a – I, Sir – a – the fact is, Sir – I am – a – no – thing, Sir’

he answered, provoking a laugh in the court.

‘How do you live’, asked the magistrate, ‘are you of any business or profession?’

‘I am – under the protection of – a – my father – who is a diamond merchant’, stammered the complainant.

At this point we might well remember that Mr Merix was the supposed victim in this case, yet it seems to be him who is on trial.

Next the magistrate turned his attention to the defendant who seemed perfectly relaxed and happy to be in court. He admitted knocking Merix down but said he had plenty of good reasons to do so.

He told Mr Halls that he had lodged with the prosecutor and after a quarrel, Merix had challenged him to a duel which he declined ‘with silent contempt’. Thereafter Merix never missed an opportunity, he said, to insult him. This happened regularly at Zinc’s place of work, the theatre, as he described in detail:

He (Merix) ‘sometimes placed himself in a  conspicuous situation in the Theatre and curled his nose, and directed the most offensive gestures towards him, and when he met him in the street, it was his constant practice to spit on the ground in a marked manner, and turn up his nose as he passed’.

Given Merix’s ethnic background I think it is pretty clear that Zinc is making as much of the young man’s physical appearance as he could to denigrate him. Nearly every depiction of Jews in nineteenth-century popular culture make a point of emphasising the size and curl of their noses (see Fagin in Oliver Twist as just one example).

On the night in question Zinc says he reacted to Merix’s now routine insults by threatening to pull his nose, prompting the other man to call him a ‘rascal’. This was enough for Mr Halls; the magistrate thought it outrageous that a respectable citizen like Zinc should be called a ‘rascal’ and said Merix deserved the treatment he had received.

‘Any man who called another rascal, deserved to have his nose pulled’ he declared, ‘or to be knocked down, and still more did he merit punishment who could be guilty of such a filthy, low, blackguard trick as that which was ascribed to the Complainant’.

He would not remand or even bail Zinc for the assault but if Merix wished he could indict him at the next Session of the Peace, not that he thought he ‘was likely to get any good by it’. He dismissed the case and left Merix looking ‘very crestfallen’ as a result’.

[from The Morning Post, Saturday, April 15, 1826]

Two ‘ungovernable’ girls smash up the workhouse to get a change of scenery.

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Over Easter I’ve been enjoying bingeing on the BBC’s Dickensian series (via Netflix). While Inspector Bucket hunts for the killer of Jacob Marley, a variety of characters created by Dickens interact with act other in a  number of subplots. 1842 was the year the Detective Department was created (and Bucket presumably is meant to represent them when he refers to himself as ‘the detective’).

One of the subplots in Dickensian is the attempt by Mrs Bumble (the workhouse keeper’s wife) to ingratiate herself and her husband with the Board of Guardians of the Poor so they can secure a better paid position running a workhouse in ‘the Midlands’. She forces the inept and overweight Bumble to apply with a mixture of threats and false promises and we know, of course, they’ll eventually succeed because that is how Bumble comes to feature in Oliver Twist’s early life.

The Bumbles run the local workhouse (which we rarely see) with little care for the young charges trapped within. At his interview before the Guardians Bumble promises to thrash each and every one of them to instil the ‘Christian discipline’ they so badly require.

Dickens drew on real life. As a journalist his attention to detail gives his characters – even the gross parodies like Mr and Mrs Bumble – genuine authority. Life in the workhouse was very hard for all inmates, no less so for the children of the poor, orphans like young Oliver. There was little food, a basic education and the only family they had was each other. So it would be surprising if the children of the workhouse didn’t rebel from time to time.

Sarah Shaddock and Mary Tighe were two young women on a mission. The mission  they had, it seems, was to infuriate the keeper and matron of the Bishopsgate workhouse in the City of London. The girls (now 18 years old) had been born in the workhouse – they had known no other home outside. Growing up in the institution they had not only rebelled, they had tried to make it impossible for the matron and keeper to control them.

This was the only freedom they had of course; the only ‘agency’ available to them was to refuse to do as they were told. This choice however, had consequences, and in early April 1842 they found themselves standing in the dock at Mansion House Police Court facing Alderman Gibbs, the sitting magistrate, charged with theft.

The assistant matron explained that the pair had only just returned to the workhouse, having been previously confined in the bridewell for damaging property and being disorderly. On their return they’d robbed an elderly pauper of her entire savings (which amounted to just a few pennies).

The alderman was told that the girls, who stood at the bar ‘as quiet as mice’ had ‘frequently distinguished themselves by breaking windows and pelting the elderly residents with bread’. Mr Booker, one of the parish officers, added that when the pair were bored of the workhouse they:

‘committed violence of some kind, and the contrived to have a little variety to their taste’, adding that ‘they had been for a length of time ungovernable’.

What was the alderman to do with these two ‘ungovernable’ girls? Sanctions were clearly having little effect on them. He decided to give them two months in prison at hard labour but with the following stipulations as to their regime.

The pair were ‘to be locked up locked up every alternate week during that period in a solitary cell’. In addition, he said, care should be taken that ‘the diet of the prisoners should be as low as could be consistent with the preservation of their health’.

In other words, he was putting them on a starvation/subsistence diet which would serve both to break their spirit and weaken any attempt at resistance, and remind them that life in the workhouse – however awful – was much preferable to gaol.

This is unusual, I’ve not encountered such detailed sentencing from the court reports but it reveals the limits of the system to really effect change in the persons brought before them. As they had reached 18 both Mary and Sarah could presumably also expect to be able to leave the workhouse at some point soon and make their own way in the world. Given that they had been institutionalised since birth I doubt that transition was going to be easy and we may find both women appearing before the London Police Courts in the future.

[from The Morning Chronicle, Saturday, April 2, 1842]

A little bit of common sense as Easter concentrates the mind of the ‘beak’.

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The magistrates operating at London’s several Police Courts applied the law as they saw it but used their discretion when appropriate. It is not accurate to describe the courts as spaces to demonstrate the power of the state but nor were they arenas for the poor to negotiate their way to a better life. Moreover, we must not see the magistracy as a group of like-minded individuals who always presented a united front, or who invariable took the side of the police or indeed, the wealthier or middle classes.

They did tend towards a moral position in most things; drunks, wife beaters and prostitutes could expect short shrift, as could recidivist thieves or tradesmen that attempted to defraud or trick their customers. Some justices had particularly fearsome reputations as ‘no nonsense’ law givers (like Mr Lushington in the late 1800s) while others might have earned contrasting reputations as ‘kindly gentlemen’.

In popular culture it is the character of Mr Fang in Oliver Twist that represents one contemporary view of the uncaring Police Court magistrate. Mr Fang, on no evidence whatsoever, initially sentences Oliver (who has fainted clean away in the courtroom though illness and exhaustion) to ‘three months – hard labour of course’. Dickens had reported on the courts of the metropolis and was aware of the institutions he was critiquing and the men that served them. He used Mr Brownlow as the voice of reason and charity who ultimately saves Oliver from being caught up in the Victorian justice system.

Sometimes though we do get a sense of the humanity of the Victorian bench and perhaps at certain ties of the year this was more likely to be highlighted by the court reporters who attended these daily summary hearings. The reading public may well have needed to reminded that while justice was swift and harsh for those that deserved it, it could also be ‘just’.

Easter was certainly a time when charity and ‘good Christian’ values were uppermost in everyone’s thoughts, especially the upright moral middle classes of Victorian England.  Over at Westminster Police court in March 1865 Easter was just a fortnight away and Mr Arnold was in the high seat of the courtroom. He had several charges that day one of whom was James Davis. Davis cut a melancholy figure in court:

‘A poor, miserable-looking fellow, covered with rags, was brought up on remand’ the report described, ‘charged with hawking without a license’.

Davis had been held in the cells for a couple of days while enquiries had been made, and this experience had clearly not done him much good. This probably factored into the justice’s decision-making, but before we leap to the conclusion of the case let us door-to-door the circumstances of the charge.

PC Rowe (113 B) was on patrol in Chelsea when he noticed Davis wandering from door to door in King’s Place off the King’s Road. A ragged looking individual had no business being in such an elevated part of town and the policeman was immediately suspicious. There had been a series of burglaries and robberies recently, committed by people that pretended to sell things at the door (we are familiar with this sort of trick today).

As Davis left one house PC Rowe collared him and asked him what he was doing. Davis was indeed trying to sell stuff and had a card of shirt buttons  and the previous householder had bought some from him. Rowe asked him if he had a license to sell goods in the street and off course since he didn’t, he took him into custody.

On his first appearance before the magistrate Davis pleaded poverty, saying he was ‘half starved’ and was trying to ‘get an honest living’. Nevertheless, the law was the law and Mr Arnold reminded him so that he could seek advice from the relevant authorities. In this case that was the Inland Revenue and a few days later a gentleman from the Excise appeared.

The offence Davis had admitted to carried a maximum fine of £10 but the revenue man said this could be reduced ‘by a quarter’ under legislation passed in 1860 and 1861. This was still a huge sum for a man in Davis’ parlous state to find. £10 was the equivalent of almost £600 in today’s money and would have bought you a skilled tradesman’s labour for a nearly two months. Davis was selling his buttons for a few pennies, and trying to scrape a few shillings together to eat and put a roof over his head.

So taking all of this in account Mr Arnold acting with charity, compassion and no little common sense. This man, he declared:

‘could not pay £2 10s, and if he sent him to prison it was for trying to get an honest living. Nothing was known of him [meaning he was not ‘known to the police’ as a repeat offender or trouble maker] and he (Mr Arnold) should not put the law into force’.

He told him he ‘must not do it again’ but released him on his own recognizances with the warning that he might be required to attend his court again in the future, presumably if he was caught selling without a license once more. Another man was similarly convicted and released, so that Mr Arnold could award punishment at a later date. The inference was that as long as he behaved himself and obeyed the law, that ‘later date’ would not transpire.

Quite how James Davis managed to keep himself together and earn his ‘honest living’ without being able to afford to purchase a hawking license is not clear, but at least he was out of gaol and with no stain against his character.

[from The Morning Post, Friday, March 31, 1865]