An insurance man ignores the risks to his child and earns the condemnation of the Hampstead bench

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an anti-vaccination pamphlet from the USA (c.1894)

Thomas Williamson was clearly frustrated at finding himself before the magistrate at the Hampstead Police Court. As a member of London’s growing middle-class the insurance agent (who must have known a thing or to about risk) was summoned by the local vaccination officer for not allowing his daughter to be inoculated against small pox.

The officer, Charles Weekley, stated that Louise Elizabeth Williamson, who had be born a year earlier in October 1882, had still not be vaccinated as the law required. The family had been sent several notices but all of them had been ignored, moreover Weekley had himself visited the Williamsons only to be told that they refused to vaccinate Louise because they ‘did not approve of it’.

Weekley had informed the local Board of Guardians and they applied for the summons; Williamson had then been given a further six weeks grace to comply with the injunction to have his child vaccinated but had still steadfastly refused. The result was this very public appearance before Major-General Agnew and Mr Gotto, the presiding magistrates at Hampstead.

In his defence Mr Williamson said that it was not him who objected but his wife. He argued that until the child reached the age of seven she was Mrs Williamson’s responsibility and he was unable to persuade his spouse to agree to something she so was  set against.

It should not come as a surprise that parents were occasionally (or even frequently) reluctant to have their children vaccinated in the late 1800s. There had been widespread resistance earlier in the century when Edward Jenner had first proposed infecting people with ‘cowpox’ to prevent smallpox. The treatment itself may have deterred some while others thought it ‘unchristian’ and abhorrent to introduce animal germs into a human child. We should remember that many Victorians distrusted doctors and had much less faith in science than we do today.

But it was also a question of personal liberty and many people felt it was simply not the business of the state to interfere in family life. Today we are well-used to politicians bemoaning the so-called ‘nanny state’ and for calls for greater freedom from regulations  even if this is not now generally applied to healthcare.

That said there has been a long running campaign against the MMR vaccination which was based on false rumours that the injection was linked to colitis and autism. The campaign was founded on a fraudulent science paper (published in the Lancet in 1998) which was later retracted. It has been described as “perhaps, the most damaging medical hoax of the last 100 years” and since the retraction the government have been trying to reboot the vaccination programme.  Sadly, it appears not everyone has got the message: Donald Trump (that well-known authority on all things medical) has linked back to the the now discredited research to make links between vaccination and autism.

Back at Hampstead Police Court poor Mr Williamson was rebuked by one of the magistrates for his inability to rule his own roost. ‘You are the father of the child, and master in your own house’, Major-General Agnew told him.

‘I can’t take the child out of her arms, or use force. No act of parliament will allow me to do that.’ protested the insurance man.

‘That argument, I’m afraid will not hold water’ replied the Major-General.

Mr Gotto was a little more conciliatory: ‘Surely your wife would prefer it [the vaccination] being done to you being fined, or sent to prison?’ he asked.

Mr Williamson agreed that he had already had his elder children vaccinated in compliance with the law but both ‘had suffered from it’. The bench ignored this last plea and fined him 10s including costs, warning him that he must comply or be summoned again. The man left court to bring the unhappy news back to his wife, I wonder how that conversation went.

[from The Morning Post (London, England), Thursday, October 25, 1883]

for other blogs on this subject see:

A parent is unconvinced by the theory of vaccination

Smallpox brings death and difficult decisions to the Westminster Police Court

Smallpox brings death and difficult decisions to the Westminster Police Court

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Watercolour of a hand with smallpox by Robert Carswell in 1831 (Wellcome Library, London)

Mr Selfe had only just taken his seat at Westminster Police Court on the morning of the 12 April 1863 when the officer of health for the parish of St George’s, Hanover Square approached him. As a magistrate Selfe had to deal with all sorts of problems and issues of everyday life, but few were as sensitive as this.

The health officer, Dr Aldis of Chester Place, explained to the magistrate that a three year-old child had died of smallpox, a disease that remained widespread in poorer communities in the nineteenth century despite Edward Jenner’s best efforts to promote vaccination against it.

The unnamed child was lying in his cot so people could pay their respects, as tradition dictated, at a room in a house in Pimlico and Dr Aldis was worried about the public health consequences of this. The ‘small back room’ was home to the ‘boy’s father and mother and three other children’ and no fewer than 26 other persons lived in the property. Moreover, the doctor insisted, this was a crowded locality ‘in which the smallpox is very prevalent’.

He wanted to have the child buried quickly to avoid contagion but the mother was resistant. She wanted to grieve for her son and to do so in the customary way. The family were part of London’s large immigrant Irish community and they fully supported the bereaved mother.

Mr. Badderly, the overseer of the poor for the parish, had attempted arrange the funeral and had sent a man named Osborne to the house to try and remove the dead boy. He brought a small coffin and with the father’s permission placed the child within it. When the mother found it however, she removed her son and placed him back in his cradle. When Osborn objected a group of local Irish gathered and ‘intimidated him with their threats [so that] he felt compelled to retire’.

Here then was a clash between the parish and its obligations towards the health of the community and the very personal wishes of one grieving mother and her friends and family. Since the child’s father either agreed with the health officer or simply felt much less strongly that his wife, the court was bound to side with the parish. Mr. Selfe agreed that the child needed to be buried immediately, for the sake of public health, and since the father had no objection the mother’s wishes were of no consequence. The magistrate said that in his opinion ‘there could be impropriety in the police accompanying the parish officers to see that there was no breach of the peace from the removal of the child’.

It is a desperately sad story which reveals both the reality of infant mortality in the Victorian period and the poverty and overcrowding that condemned so many to a premature death. It also demonstrates the difficult decisions that some magistrates had to make when faced with evidence that ran counter to the wishes of individuals who had not done anything wrong or in any way ‘criminal’.

The mother’s desire to mourn for dead boy in her own way is completely understandable, but when this was countered by what was (at the time) understood to be a risk to the health of very many others, the justice’s decision is also easily understood. This week we have had the heart-rending story of the struggle of Connie Yates and Chris Gard who have lost the latest stage of their battle to keep their son, Charlie, alive in Great Ormond Street Hospital.

Mr. Justice Francis, who made the decision knew, as everyone in the court did, that when he told doctors ‘at Great Ormond Street that they could withdraw all but palliative care, was to all intents and purposes delivering a death sentence’.* He acted in what he considered to be the best interest of the child and against the interests of the parents. Time alone will tell whether he was right to do so.

At Westminster court in 1863 Mr. Selfe may have done the right thing, and saved many other lives. Given what we now know about smallpox it is unlikely that anyone would have caught it unless they had physical contact with the child whilst his exposed scabs still covered him, but the magistrate was not necessarily aware of that and so his actions were perhaps the best thing he could do in the circumstances.

[from The Morning Post, Monday, April 13, 1863]

*www.guardian.com [accessed 13/4/17]

A parent is unconvinced by the theory of vaccination

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The Cow Pock by James Gillray (1802) satirizes the campaign against vaccination

Many of the cases that came before the Police Courts actually had little resemblance to anything we might today call ‘crime’ but there was plenty that might come under the general banner of regulation.

In recent years there has been something of a campaign against vaccination – specifically the MMR jab which was rumored (incorrectly) to cause autism. Vaccination was pioneered in the early 19th century by Edward Jenner and people were quick to ridicule his efforts. Jenner successfully found a vaccination for small pox, a disease that had killed thousands in Britain and Europe.

Even by the later 1800s not everyone was convinced that vaccination worked or was desirable. The government was convinced and acted to make vaccination compulsory by a series of statutes from 1867 to 1873. However there was considerable disquiet about this and many people simply refused to present their children to the parish officers for their injections. As a result plenty of parents found themselves in court facing a magistrate.

John Forster Howe was one such father. Howe appeared at Greenwich Police Court in September 1881 charged with ‘disobeying an order of the court to have his child vaccinated’. The Vaccination Officer confirmed the facst before Mr. Howe offered a spirited defense of why he felt the prosecution was unjustified and vaccination inappropriate.

He gave no less than eight reasons:

“Because we believe the theory of vaccination to be unsupported by sufficient evidence”; statistics could be shown to have ‘intensified the evil’ not lessened, it, and there was no proof it had stopped small pox. He rejected the idea that the best way to prevent a disease was to infect a child with that very same disease. The dangers involved here far outweighed the limited risk of catching small pox itself.

He also (and this echoes modern complaints) felt it undermined his ‘liberty of conscience’ (his freedom to choose in other words). So for him a refusal to obey a bad law was the best way to bring about much ‘needed reforms’.

It was a sterling defense and the newspaperman reported it verbatim. It did him no good, the justice fined him 20s plus 2s costs. Howe said he was happy to pay but would never comply with the law.

[from Daily News , Monday, September 19, 1881]