‘Take me back to prison; take me to my dungeon and my chains!’

300px-Judge_and_Jury_Society

In most assault cases heard before the Metropolitan Police courts the magistrates had the option to fine or to imprison defendants. There was clear class bias in operation  and not simply because wealthier defendants could afford fines while poorer ones could not. There seems to have been an unwritten understanding that ‘respectable’ persons would be fined for their indiscretions while the ‘rougher’ element needed to be taught a harsher lesson.

Fines were levied on a sliding scale that also appears largely to have been at the discretion of the magistrate. For disorderly behaviour and drunkenness you might receive a penalty of a few shillings, for assault this could rise into towards a few pounds. If a justice wanted to punish someone severely he could impose a fine that he didn’t expect the prisoner to be able to pay, meaning that the culprit would end up serving a prison sentence by default.

Mr Schmidt (of the firm of Schmidt and Co. music publishers) was not your usual drunk or street brawler but in August 1869 he found himself facing a charge of assault at Marlborough Street Police court. What will quickly become clear is that Schmidt, while a respectable businessman, was clearly not in full command of his senses. This was to have dire consequences, especially so given his social rank.

The publisher was attending a performance (of what is not stated) at the Judge and Jury club in Leicester Square. This club (or these, as I think there might have been more than one in the capital) were gatherings where you might enjoy a fairly disreputable evening’s entertainment as this clipping describes:

‘The one I speak of met in an hotel not far from Covent-garden, and was presided over by a man famous in his day for his power of double entendre. About nine o’clock in the evening, if you went up-stairs you would find a large room with benches capable of accommodating, I should think, a hundred, or a hundred and fifty persons. This room was generally well filled, and by their appearance the audience was one you would call respectable. The entrance fee entitled you to refreshment, and that refreshment, in the shape of intoxicating liquor, was by that time before each visitant.

After waiting a few minutes, a rustle at the entrance would cause you to turn your eyes in that direction, when, heralded by a crier with a gown and a staff of office, exclaiming, “Make way for my Lord Chief Baron,” that illustrious individual would be seen wending his way to his appointed seat. […] the Lord Chief Baron called for a cigar and glass of brandy and water, and, having observed that the waiter was in the room and that he hoped gentlemen would give their orders, the proceedings of the evening commenced. A jury was selected; the prosecutor opened his case, which, to suit the depraved taste of his patrons, was invariably one of seduction or crim. con. Witnesses were examined and cross-examined, the females being men dressed up in women’s clothes, and everything was done that could be to pander to the lowest propensities of depraved humanity. 

These Judge and Jury Clubs after all are but an excuse for drinking. They are held at public-houses – there is drinking going on all the time the trial lasts, – nor could sober men listen unless they had the drink.’ 

                                       The Night Side of London, by J. Ewing Ritchie, 1858

The emphasis on the heavy consumption of alcohol might explain Schmidt’s behaviour that night. According to the chief witness against him – Mr Brooks, the ‘Chief Baron’ himself – the publisher was acting in a very disorderly way, so much so that the Baron had to have a word with him. However, if he hoped that this would calm him down he was sadly mistaken. Schmidt leaped up from his seat, grabbed Brooks by the throat and screamed ‘I’m the vulture, I’m the vulture!’ at him.

It was a bizarre display and as Brooks tried to wrestle himself away he was knocked to the floor and his watch was trampled on. Eventually half a dozen other people rushed in to help pull the music publisher off him and Schmidt was subdued and handed over to the police.

The magistrate had heard enough to declare that this was a case that demanded a prison sentence not a fine and was about to hand that down when a man came into court waving his hands to get the justice’s attention. Edward Lewis said he was a friend of the accused and said that Schmidt was ‘labouring under a temporary aberration of intellect’.

In other words he was not himself and Lewis promised that he and others would take him under their care and look after him while he recovered. He was, he added, a ‘most respectable man’. Mr Knox turned to the wronged party to ask his opinion on the matter. The ‘Chief Baron’ was gracious: he said he would ‘very sorry to press severely on a respectable person under such circumstances’. He would leave to the magistrate to decided what to do with Mr Schmidt.

Mr Knox relented and ordered that  a fine of £5 be paid. Schmidt was removed to the cells while a messenger was sent to fetch his business partner and his cheque book. When he returned Schmidt was brought up and asked to make his payment to the court. This is where it could have all ended reasonably happily but Mr Schmidt was still possessed with whatever rage had caused him to overact in the Judge and Jury club.

He ‘seized the cheque book, flung it to the end of the room, shouting, “Take me back to prison; take me to my dungeon and my chains”.’

His wish was granted and the gaoler led him away to start a month’s incarceration in the local house of correction. It was a dreadful fall from grace and one, I fear, he will have struggled to recover from, despite the best efforts of his friends.

[from The Standard, Monday, August 16, 1869]

A Victorian version of a very ‘modern’ crime

Collinson, Robert, 1832-after 1890; Ordered on foreign Service

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.

William_Powell_Frith_The_Railway_Station

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