A Parisian romantic in a London court

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London was a cosmopolitan city in the nineteenth century. Just as today it was home for thousands of Europeans who lived and worked alongside native Londoners and migrants from all over the British Isles. It was, and is, one of the things that makes the English capital such a vibrant and exciting place to be.

One young Frenchman in 1844 was not enjoying life despite his best efforts to live it to the full. Frederick Marigny had found himself on the wrong side of the law, locked up in a cell and brought before a magistrate at Marlborough Street Police court on a charge of theft.

The theft was fairly petty but and Marigny believed that there had been a misunderstanding occasioned by the fact that he spoke little or no English. He appeared in court on the 24 October 1844 having been remanded in custody by Mr Maltby, the sitting justice at Marlborough Street.

The magistrate had been told that Marigny was a regular at Pamphilon’s Coffee house in King Street, off Golden Square (in Soho). There had been a series of thefts of newspapers from the café and so the proprietor had set a watch on customers. Marigny had been seen leaving the coffee house with a copy of National hidden under his arm. A waiter stopped him and he was arrested.

In court an interpreter was supplied to translate from French to English and back. The young man said the waiter had given him permission to borrow the paper, he had not stolen it. The magistrate had him locked up and while he was custody Marigny wrote to the French ambassador on London, asking for his help in gaining his freedom. He claimed that his actions had been lost in translation and that he’d been sent to prison by mistake.

When he reappeared the ambassador’s secretary was there to support him. However, the magistrate was told that in the intervening days a search had been made of Marigny’s rooms and several missing papers had been found. Moreover, the waiter that the young man had suggested had given him license to borrow the café’s reading material denied it. It was also suggested that Marigny was ‘not exactly in his right mind’.

Mr Malby now told the ambassador’s man that he had remanded Frederick for a few days on the understanding that if no one came to press charges against him after that he would be released. The café owner had been informed of this and, since he’d not turned up in court that morning, Marigny was free to go.

With that the young man – resplendent in a ‘high sugar-loaf hat, hair on [his] head close cropped, with beard and mustachios covering the lower part of his face’, left court, his head held high.

The papers described him as a ‘member of la jeune France’.

While this might literally translate as ‘the young France’ I think that here it refers to young members of Parisian society, satirized by Théophile Gaulier in an 1831 work of the same name. Les Jeunes France were part of the romantic arts movement in France, flamboyant and passionate, based in a belief that the revolution had failed to liberate the individual in the way that he at promised to do.

Frederick Marigny was liberated, in the literal sense, if only from a dark and uncomfortable prison cell in London.

[from The Morning Post, Friday, October 25, 1844]

‘It’s no use crying over spilt milk’, one young charmer tells the maid he has ruined. Bastardy at Westminster

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The poor servant girl ‘undone’ by the master (or another male of the house) is a well-worn trope of Victorian fiction. That said it is fairly rare for stories like this to reach the newspapers, at least in the reports that I have been looking through for the last three years.

In mid October 1879 an unnamed domestic servant applied for a summons at Westminster Police court to bring Edward Salmon to court. She alleged that he was the father of her unborn child and that he had run away from his responsibilities and left her ‘ruined’.

Salmon was not in court, nor was his mother – Mrs Hermina J. Salmon – for whom the girl had worked. She had employed as a maid in the salmon’s house at 55 Oxford Road, Ealing and the girl told the magistrate that Salmon had ‘accomplished her ruin in the early part of last year’. When it became obvious that she was pregnant she was sacked and turned out of the house.

This was the usual consequence of intimate relationships between female servants and male members of the household, regardless of whether the sexual relationship was consensual or not. In this case Mrs Salmon clearly held her maid responsible. She told her in a letter that she could not have been ‘a “correct” girl when she entered service, for had she been so she would not have allowed [her son] to take liberties with her’.

Edward had also written to the girl (who had been asking for money) telling her that she should not ‘get cut up about it’. Instead she should:

‘keep up her spirits, and although he was sorry, it was “no use crying over spilt milk”.

He also advised her not to threaten him for he would be happy to ‘let the law take its course’.

He warned her to stay away until ‘any unpleasantry passed over’ (until she’d had the baby) and that she was not tell his mother either.

He wasn’t afraid, he said, of his character being dragged through the mud because ‘it was so bad at present it could hardly be made worse’.

What a charmer.

Edward Salmon had sent the girl £2, as had his mother, but they promised no more saying that was all they could afford. As a result the servant, showing considerable courage and determination, had gone to law.

Mr. D’Eyncourt was told that Edward Salmon was not available and nor was his mother. Both were represented by a lawyer. There was a certificate from Mrs Salmon explaining her absence (the reasons were not given by the paper however) but a witness appeared to depose that he’d seen Edward boarding a ship at the docks. Edward Salmon had taken a ship bound for India and was currently in Paris, although his lawyer said that he would return in a ‘few weeks’.

D’Eyncourt declared that the summons had been duly served and so the law required Salmon to appear. That explained why he ‘had bolted’. He issued a maintenance order for the upkeep of the child – 5sa week until it reached 15 years of age. Salmon would also have to pay cost of 25s, and he backdated the order to January, which was when the maid had first made her application.

I do think this case is unusual but perhaps because of the determination of this woman to hold the father of her unborn child to account. To take on a social ‘superior’ in this way was a really brave thing to do. The court also supported her, naming Salmon publically (making it harder for him to shirk his responsibility) and handing down a maintenance order, while keeping her name out of the news.

Her reputation may have been ruined by the careless action of a young man who took advantage but she had won back some self respect at least. Whether he ever returned or made and kept up his payments to her and his child is a question I can’t answer. I would doubt it but at least this young woman had tried.

[from Reynolds’s Newspaper (London, England), Sunday, October 19, 1879]

On the buses: Mr D’Arcy’s close encounter with John Bull

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There were two important innovations launched in 1829, both of which have become iconic London institutions. As we enter the height of the tourist season in the capitals, tens of thousands of visitors will be heading home with souvenirs and amongst them are likely to be images of London buses and policemen. The Metropolitan Police Force was created by statute in 1829 and on 4 July that year the very first omnibuses set off from the New Road (now the Marylebone Road) at the start of their journey to Bank in the City.

‘Buses weren’t an English invention – Parisians had been enjoying them for a few years already – but it was a Londoner named George Shillibeer who established the first routes in the capital. They weren’t large, carrying just 22 people at first, but as the mode of transport caught on more and more companies followed Shillibeer’s lead and soon there was fierce competition for passengers.

I imagine that omnibuses were quite a novelty at the start and just as tourists today might want to ride on a double decker Viscount D’Arcy (who sounds as if he might have stepped from the pages of Jane Austin novel) was keen to experience it for himself. He was staying at Mivart’s Hotel on Lower Brook Street (which is now quite famously renamed as Claridge’s) so could have taken a hansom anywhere but chose to ride with ‘everyman’.

He hailed a ‘bus bound for Paddington but the driver was reluctant to let him sit outside (where he wanted to) telling him instead to sit inside, where there was lots of room. The viscount wanted to ride outside (like I always want to ride upstairs, where you can see) but the man was abusive and insisted he couldn’t. D’Arcy wasn’t used to being denied what he wanted and got on anyway, making his way up to the roof.

The driver, William Davison, saw that he’d been ignored and raised his fist and waived it at the viscount, shouting more abuse. ‘Disgusted at this strange and unwarrantable conduct’, the viscount ‘determined on alighting as soon as possible’. As the omnibus stopped at St Pancras church he stepped down and was just about to place his foot on the street when Davison spurred his horse and took off at speed. Luckily D’Arcy was uninjured as he tumbled towards the ground but he was angry and made a note of the vehicle’s number (3912). He applied for a summons and, on the last day of July 1833, William Davison was summoned before the magistrate at Marylebone Police court to answer for his actions.

Viscount D’Arcy said he was ‘as much astonished as annoyed’ by Davison’s conduct, ‘from whom, from his round far face and complete “John Bull” appearance, he expected much civility’. Davison denied the charge and told Mr Rawlinson that it was D’Arcy that had started it by calling him a ‘damned fellow’. He brought along a witness but either they lost their nerve or hadn’t been paid enough and failed to back him up. The magistrate sent him off with a flea in his ear and a £5 fine.  The whole experience would have given the viscount a story to regale his friends and family when he returned home from London, something much better than a toy bus or a plastic police helmet

[from The Morning Post, Thursday, August 01, 1833]

Libel and crim.con as the ‘better sort’ are dragged through the Police Courts

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Sir Albert de Rutzen

Most of those appearing before the police magistrates of London were members of the working class. The vast majority were being prosecuted for all manner of petty and not so petty forms of crime and violence. When the more ‘respectable’ middle classes appeared it was usually as witnesses or victims (although there were plenty of these from the lower order as well – especially women) and the very wealthy rarely feature in the newspapers reports. T

here were exceptions however.

Crime was big news in the Victorian press and the daily ‘doings’ of the police courts are testament to the popularity of this amongst the reading public, of all classes it should be said. Alongside the police court news and the more sensational ‘murder news’ were the reports of adultery served up as scandal for public consumption. ‘Criminal conservation (or ‘crim. con’) cases offered readers a peep into the bedrooms of the rich and famous. This was where the ‘better sorts’ made the pages of the newspapers for reasons they would rather have kept to themselves.

Often linked eventually to divorce, crim.con proceedings were a legal procedure  whereby one man sued another for having an affair with his wife (on the basis that he could claim financial damages, as his wife was his property).

In February 1886 two wealthy individuals appeared at Marylebone Police court represented by their lawyers. Mr St. John Wontner was there to defend his client, Robert Bailey, against a charge of libelling the elaborately entitled Charles V. J. Frieden de Friedland and for assaulting him at the theatre.

The reporter is fairly careful to skirt around the issue at the centre of this case; namely that both men appear to have been having a relationship with the same woman, a woman that neither of them was married to. Her name was Mrs Astay and it isn’t clear whether she was married or a widow.

The magistrate, Sir Albert De Rutzen, was at pains to try and keep any of the details behind the libel accusation  out of his courtroom but, since some evidence had to be offered (so a formal committal could be made),  this was fairly difficult and ultimately impossible.

Prosecuting, Mr Lickfold explained that his client was a member of the Supper Club which had a premises in Paris and at Langham Place in London. Mr de Friedland was staying in London and had been receiving ‘communications’ from Mr Bailey.

These were quite unpleasant and contained ‘threats , and were written in a language quite unfit for publication’. Bailey and de Friedland had then met at the Alhambra in Leicester Square where they had argued.

Bailey had, he alleged:

‘knocked the Complainant’s hat of and abused him. In fact the conduct of the Defendant had been so bad that, unless restrained, the Complainant’s life would be insufferable’.

Wontner now cross-examined and this is where some of the detail that the magistrate presumably wished to keep hidden began to seep out. The readers would be able (as you will be) to fill in the gaps and make a judgement on what de Friedland had been up to and what sort of a man he really was.

De Friesland said he was a director of the Supper Club which was a respectable establishment and not a gaming club (as the lawyer must have suggested). He admitted that ‘baccarat was played there’ but refuted allegations of gambling. He admitted as well to being married, and that his wife lived in Paris but he wasn’t (as was suggested) in the middle of divorce proceedings with her. He also admitted knowing and visiting a ‘Mrs Astay’, but ‘refused to say whether he had been intimate with her’. He added that Bailey had been intimate with the woman, a libel itself if not true.

Mr Lickfold objected to his opposite number’s line of questioning but Wontner contended that his client’s defence in court would be that he was provoked and that he would counter sue de Friedland for libelling him. As such it was necessary to set his stall out at this stage.

The magistrate was not happy with this and told the defence lawyer to keep his defence for the senior court trial. He heard from several witnesses who confirmed seeing the trail of letters and cards sent to the complainant and fully committed Bailey for trial. He then bailed him on his own recognisances of £100 – a considerable sum – demonstrating the wealth associated with these two protagonists.

[from The Standard, Thursday, February 25, 1886]

Sir Albert de Rutzen died in 1913 at the age of 84. An obituary noted ‘his patience and gentleness alike with the highest of criminals and the Suffragettes, with whom he had to deal of late, were remarkable’. 

Fined for disturbing a mathematical genius

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Charles Babbage (1791-1871)

Most of you will be reading this post on a computer, or a tablet, or perhaps even a smart phone. It is too much of a leap to say that without Charles Babbage’s ground-breaking work in creating his Analytical Engine in the early 1800s such devices may not have been invented, but Babbage is often heralded as the father of computing.

Babbage was born in the eighteenth century (as the ‘terror’ was sweeping Paris in fact) and died in 1871 (as Germany completed its emergence as a major European power. His life then, neatly bookmarks the end of the ancient regime and the birth of modern Europe.

But of course, scientific genius also comes with the normal traits of human life. Babbage had to eat and drink, he married and had children. He also hated being disturbed, and had a particular antipathy to street musicians, as this quote, from 1864, show:

‘It is difficult to estimate the misery inflicted upon thousands of persons, and the absolute pecuniary penalty imposed upon multitudes of intellectual workers by the loss of their time, destroyed by organ-grinders and other similar nuisances’.

Babbage campaigned against ‘public nuisances’, not only musicians but children playing in the street and drunks rolling home after a night in the pub. He even produced a mathematical calculation to show the likely number of windows broken by drunks and contributed to a drive to ban children from playing with hoops in the street, because of the potential damage they could do to horses’ legs. He reminds me a lot of an elderly teacher at my North London grammar school who railed against paper darts on the grounds that ‘they will have someone’s eye out, boy!’

Babbage was well known for his hatred of street musicians, often Italian organ grinders, who played for the money they could extract from passers-by (or perhaps householders who gave then coins to go away). In December 1866 he appeared at the Marylebone Police court, near his home, to  bring just such a complaint before Mr Mansfield.

Joseph Jenanin and Andrew Roadling were charged with ‘refusing to desist from playing musical instruments when requested to do so’. Babbage testified that on the 29 November Jenanin and Roadling, along with seven others, were performing in Paddington Street, just 200 yards from the mathematician’s home.

He went out and asked them to stop but they ignored him. He called a nearby policeman who then confirmed his story in court. In defence of the men their attorney, Mr Sayers, called upon several local tradesmen who told the magistrate that the musicians had in fact stopped playing when Babbage asked them to. They added that the men were not a nuisance in the neighbourhood, in fact we might suppose they quite enjoyed the concert and perhaps it attracted some trade.

On this occasion Babbage was thwarted by the justice system, to some degree at least. While the magistrate was prepared to accept that the men were causing a nuisance to him, they were too far from his home to have done so deliberately. As a result he couldn’t or wouldn’t punish them with the full force of the law but simply fined them 10s each and Mr Babbage’s costs. This would probably mean they avoided the great man’s home in future, but would not have ruined them or forced them to sell their instruments.

We can imagine Charles Babbage returning home from court still fuming at the outrage. He was 75.

[from The Morning Post, Monday, December 10, 1866]

 

A glimpse into history: an Irishwoman’s flight from the siege of Paris in 1870

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Parisian women queue for food during the Prussian siege of Paris, 1870

Sometimes the cases that are reported in the London Police Courts reveal glimpses of the wider history that was taking place both in Britain and around the world.

In July 1870 Napoleon III, emperor of the French, declared war on the kingdom of Prussia. Napoleon’s decision to take on his powerful European neighbour was prompted by his failing popularity at home and the (inaccurate as it turned out) advice of his generals. The Prussians (under Bismarck) saw the war as an opportunity to push forward the cause of German unification and, ultimately, begin to shape the continent in their favour.

The war went badly for the French from the start and ended in ignominious defeat at Sedan at the end of August, just over a month after it started. Napoleon was deposed and national government was declared which continued to resist the Prussian forces. This led to the siege of Paris which lasted until it too surrendered on 28 January 1871. In the aftermath of the war Prussia annexed Alsace-Lorraine and left  festering sore that when combined with mutual distrust and competing imperial ambitions, contributed to the outbreak of the First World War in August 1914.

Within all national and international conflicts of course there are personal stories and individual tragedies. An unnamed Irish woman (a ‘native of Cork’) appeared at the Marylebone Police Court in mid September 1870 having fled Paris and the advancing Prussian forces. Her husband was a French national she explained to Mr Mansfield, the sitting magistrate, and had been forced to remain in Paris to man the defences.

She described the situation in the French capital:

‘bills were posted up on the walls stating that those that did not wish to expose themselves to the siege must leave. My husband is a tradesman, and he was bound to go to the fortifications. I had no means of subsistence, and I had to leave and go to my mother at Cork’.

Sieges were hard on all the occupation of a city and the Paris siege was notable for the hardships the French suffered. There were later reports of people starving and eating cats and dogs and even the animals in the Paris zoo. Ultimately the siege led to further revolution and civil war, so it is no surprise that those that could opted to flee and become refugees.

The woman had traveled to London with her five children but had run out of money and was now desperate. That she turned to the Police Courts is indicative of the public’s use of the the London magistracy as centres of advice and aid in a crisis. Sadly for her, there was little Mr Mansfield could, or was inclined, to do for her.

She told him she was staying at a house at 57 Praed Street and had applied to the French authorities for help on several occasions. They had simply directed her from one ‘society’ to another; in all probability with the country at war and Paris under desire there was little they could do to help the Irish wife of one of their citizens. But the lady believed that there was more to it than this; she felt they didn’t want to help her because she was Irish and ‘they say they have so many of their own country-people to see to’.

Since Ireland was still part of the British Empire she therefore sought support from the British state. Mr Mansfield replied that the best he could do, since several charities had not helped her, was send her to the relieving officer at Paddington. In other words she could enter the workhouse. That was clearly not something she, as a ‘respectable’ tradesman’s wife, wanted to do. Mr Mansfield said he would send her instead to see Archbishop Manning’s chaplain, to see what he might do for her.

Archbishop Manning had a good reputation in Victorian London. As the senior Catholic cardinal in England and Archbishop of Westminster he had considerable influence. In 1889 he intervened and helped broker a settlement to the Great Dock Strike and so hopefully he (if his chaplain was prepared to get him involved) he may well have helped a fellow Catholic find the means to return home to Ireland and thence perhaps to France once the situation had claimed down. Presuming, of course, that the lady’s husband survived both the siege and then the Commune and its overthrow in May 1871.

[from The Morning Post, Saturday, September 17, 1870]

Is this freedom? The ‘Adventures of a Slave’ at Worship Street Police Court

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Margaret Clayton was 50 years of age, or so she thought, when she appeared at Worship Street Police Court in June 1847, seeking the magistrate’s help and advice. Margaret was married to a soldier but she wanted a divorce.

Divorce was no easy thing in mid-Victorian England, particularly for a working-class woman of limited means. Until 1857 the Church of England conducted divorces and were very reluctant to grant them, and only on the grounds of adultery. As a result the number of divorces were small, around 300 a year even as late at the 1870s.

In some parts of the country working class men and women got around this by conducting ‘wife sales’ (as described by Thomas Hardy in the Mayor of Casterbridge). This form of plebeian divorce, which Hardy’s novel exposed to a disbelieving and shocked public, were often the only way for couples to legitimately separate and move on.

There was little the magistrate at Worship Street could do for Margaret, but he was interested in her background because she was not not like most of the women that came before him.

Margaret Clayton was ‘a woman of colour’. She was black, and Mr Broughton wanted to know her history.

She had been a slave she told him. She born into slavery as her mother was a slave also, and was first sold at 15 years of age, to ‘a captain’s lady at St Helena’. This would have been in 1812 during the long wars between the French 1st Empire and the Allies, led by Britain. These had ended at Waterloo in June 1815, and the French emperor, Napoleon, was sent into exile – on St Helena.

Margaret recounted how the lady had bought her for £50 to serve as a nurse for her children. Her mistress was good to her, she ‘was kindly treated but she was thoughtless and giddy, she said, as girls would be, and she ran away’.

She was soon found and brought back but sold on to another mistress who was far less considerate. She was treated ‘brutally’, she explained, before she was again sold – this time for £33 – to a soldier. He married her and set her free.

Sadly her husband, who seems to have cared for her, died and so she was free but without any support, and already having a family, she married another private in the St Helena Regiment. When this husband decided to return to England, Margaret and her children went with him. By 1847 they were living in London and he was working at the London Docks, and clearly they were not getting along very well. The eldest of Margaret’s five children was a man of 20, the youngest a baby just18 months old.

The magistrate was curious to know if she had known or met Napoleon. The Corsican ‘Ogre’ had been a prisoner on the small South Atlantic Island from October 1815 to his death (rumored to have been hastened along by his captors) in May 1821. Yes, she said, she had seen him but added nothing further the reporter could embellish his article with.

Napoleon remained a powerfully iconic figure in European history and politics. When he had died there were calls to repatriate his ashes (‘cendres’) to France but the ruling monarch Louis XVIII and his government feared a popular uprising of Bonapartist sentiment. Napoleon’s supporters would have to wait until 1840, seven years before Margaret appeared at Worship Street, to see their hero’s remains entombed in the magnificent structure at Les Invalides in Paris, where they rest to this day.

Having satisfied his curiosity about the woman there was nothing much more Mr Broughton could do. He asked one of the warrant officers present to enquire into the case and speak to the husband, to see if anything could be done to reconcile the (or perhaps even arrange a mutually acceptable separation) and ordered that Margaret be given some money from the poor box.

The Standard‘s reporter wrote it up as the ‘adventures of a slave’ as if it was somehow a tale of a woman’s exciting life upon the high seas. But in reality of course Margaret – who had been ”sold many times’ (as she had told the court) – had very little choice in where these ‘adventures’ led her. She had been taken to St Helena as a slave, sold again as a slave, and then bought against her will as a wife. Free or enslaved it made little difference; as the wife of a serving soldier she went where he went.

Her appearance (at 50) in a summary court in the capital of the nation that had abolished slavery and the slave trade was probably her first real opportunity to declare her independence. Unfortunately as a poor woman, legally married with no rights to property of her own, she found there was nothing the law could do for her except to hope that her husband ‘let her’ go, or treated her better in the future. We might ask ourselves then, from Margaret’s perspective, whether she was ‘free’ at all?

[from The Standard , Monday, June 28, 1847]