Barrow wars: competing for territory in the world of fruit and veg

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The difference between a fixed trader – generally but not always a shopkeeper – and a costermonger became the key distinction in a case heard before Mr Woolrych at Westminster Police court in early December 1870.

William Haynes, a fruiter and potato dealer with premises on  Churton Street and Tachbrook Street in Pimlico, was summoned to explain why he had obstructed the carriageway. He was prosecuted under the ‘new Street Act’ for ‘allowing two barrows to rest longer than necessary for loading or unloading’. The court heard he had left them there for five hours.

His defense lawyer (Mr Doveton Smyth) accepted the facts of the case but tried to argue that since his client sold apples from these barrows he might be classed as a costermonger, and therefore be allowed to do so.

Mr Woolrych might have admired the creativity of the brief but he rejected his reasoning. The word ‘costermonger’ might have derived from “costard,” a large apple’, as the lawyer suggested but ‘that term had become obsolete’.

There was ‘no doubt the present acceptation of the word costermonger was an itinerant trader who hawked perishable articles, such as fruit, vegetables , and fish, etc., and in the course of that vocation went from place to place’.

The magistrate pointed out that Mr Haynes owned two shops and didn’t move them around. Mr Woolrych left the fruiterer off the fine but insisted he pay the costs of the summons. The lawyer said he would take the question of ‘whether a tradesman cannot be a costermonger if he please’ to the Court of Queen’s Bench for a higher authority to determine.

Two weeks later Haynes was back in court and again defended by Mr Doveton Smyth. Again the charge was the same, as was the defense. This time the defendant was fined.

Two years later, in April 1872 William Haynes was one of three Pimlico greengrocers brought before the Westminster magistrate for obstructing the pavements.

The court heard that they occupied premises ‘where costermongers are allowed to assemble in accordance with the  provisions of the Metropolitan Street Act’ and that the area was a ‘a regular market on a Saturday night’. Once again Mr Smythe presented the argument that his clients had as much right to trade from stalls outside their shops as the costermongers did to sell from barrows nearby, so long as ‘did not infringe the police regulations’.

But it seems they did infringe the law.

Inspector Turpin from B Division said that Haynes’ stall was fully 50 feet long while Joseph Haynes (possibly his son or brother), had one that was 35 feet long. Both stalls forced pedestrians to walk out into the road to get past.

The defendants pleaded guilty, promised to ‘make better arrangements’ in the future, and were fined between 10 and 40s each, plus costs. They paid up but with some protest.

This was not something that was going to go away however. The greengrocers could afford to keep paying fines and may well have thought it a necessary expense to be able to compete for trade with the costermongers.

Ultimately, as we know, the grocer in his shop would win the battle for the streets with the coster and his barrow. The latter were eventually restricted from selling wherever they liked and confined to fixed markets; the grocers developed a network of independent shops that ultimately grew into small and then larger chains, displacing very many of the independent traders that they competed with.

Today we have a high street  with very few independent grocers and greengrocers; most of that business has been captured by the supermarkets.

[from Morning Post, Wednesday 7 December 1870; Morning Post, Friday 19 April 1872]

 

The man who was flogging a dead horse

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I start teaching my third year module on London in the late nineteenth century, which looks at crime, popular culture and social history in the 1880s. It will be the 10th year since I devised this module and its run in 9 of those. Over the years it has evolved and I’ve developed the context and assessments but the focus remains the same: using the ‘Jack the Ripper’ murders of 1888 as a prism through which to explore a range of contemporary topics. It prompted my 2010 book (London’s Shadows) and my continuing interest in the ‘Ripper’ case.

While the Ripper case dominated ‘crime news’ in 1888 the police courts continued almost as if nothing was happening in the East End. The same range of petty thefts, domestic and public violence, fraudulent scams, drunks, disorderly prostitutes, and vagrants continued to be the stock of most lower court reports.

So take today in 1888 for example, the first case (from Bow Street) featured an elderly man who had tried to pass counterfeit currency in a central London pub. He was caught along with two accomplices and remanded in custody. Over at Westminster Police court two newspaper sellers were prosecuted for robbing a man in the street. Francis Hoare (a pub landlord on a visit to the capital) had fallen over in the street.  William Turner and Edward Lynch rushed to help but then used that as cover to lift his pocket watch; both men were ‘known’ to the police and the magistrate remanded them for further enquires.

Across the river Thames at Greenwich Police court Thomas Pettitt was accused of mistreating a horse. Mr Sheil was told that Pettitt, a potato dealer, had been working a horse that was clearly ill. The case was brought by an officer of the RSPCA who testified that the beast was ‘suffering from several sores and partly fractured fetlocks’.

Pettitt’s poor defence was that he had only taken up dealing in potatoes recently; he was previously a draper, and didn’t understand horses. Mr Shiel countered that excuse with:

‘any fool must have known the horse was not fit for work’.

He added – the RSPCA’s officer – that in future individuals shouldn’t be summoned but instead they should be arrested and the animal impounded so a magistrate could look at it and come to an opinion about its state of health. That, he said, was ‘better than the evidence of the whole College of Veterinary Surgeons’ (which I doubt went down well with that august body of men).

Any inspection of the horse was now impossible as Pettitt told Mr Sheil he thought it was dead. The magistrate fined him £3 with 2s costs and gave him a week to find the money or he would send him to prison for a fortnight. London was served by thousands of horses in the Victorian period, and very many of them were simply worked till they dropped.

At that point their masters called for a horse slaughterer to dispatch them and this usually meant someone from the firm of Harrison & Barber, who held a virtual monopoly in the capital. Not surprisingly, as men used to cutting up animals, some of the first people the police questioned in the aftermath of Polly Nichol’s murder in August 1888 were slaughterer’s from the nearby Barber’s yard.

[from The Morning Post, Friday, October 05, 1888