‘Oh nonsense, I scarcely touched you’: a gentle nudge out of the door

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It can’t have been much fun being a solicitor’s clerk in the Victorian period. In fact I doubt its that much fun now but at least you probably aren’t as exposed to causal violence as Albert Jones was in 1886.

He was sent out to serve a writ and demand for money on a publisher and arrived at Messrs Eyre Bros at 4 in the afternoon of the 18 October. The writ was made out against a Mr G Butcher and Albert duly served it at his office in Paternoster Square, close by St Paul’s Cathedral.

Mr Butcher was not amused. Having asked a series of questions about the writ (which seems to have been part of a long running legal dispute) he said:

‘Can you convey a message to Mr. Kelly?’

Albert replied that he could but said he had been instructed by his superior to tell Butcher that ‘if he had anything to say he had better see him in person’.

‘Does Mr. Kelly expect me to pay this?’ Butcher asked.

Having been told that he did the publisher went on to say:

‘’He wont get a halfpenny of it, and tell him from me that if ever there was a liar in the world he is one’.

As Albert turned to leave, placing his hat back on his head, Butcher kicked him sharply in the rear, propelling him forwards and out of the door. This prompted the clerk (or perhaps his employer) to press charges for assault, and so Butcher found himself up before an alderman at the Guildhall Police court.

‘Did the kick hurt you?’ Jones was asked.

‘It did hurt for a few moments’, the clerk replied.

‘Oh nonsense, I scarcely touched you’, came the response from the dock. ‘I simply put my foot up to assist you getting out of the office a little faster’.

With laughter ringing out in court Butcher might have enjoyed this small victory had the magistrate not then handed him a fine of 40s.

[from The Standard, Wednesday, November 17, 1886]

‘You are not here to cross examine me’: a magistrate condemns a Friendly Society’s failure to support an elderly member

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In October 1889 the secretary of the Hope Teetotal Friendly Society* was summoned before Mr Montagu Williams at Clerkenwell to explain why he was refusing to pay sick money to one of his members. His argument, which was rejected by the magistrate, reminds us that until 1908 there was no statutory relief for the elderly, no Old Age Pensions as there are today. As a result very many working-class men and women had to keep working well into their 70s and 80s, however infirm or incapable they became.

Indeed William Cox was too ill to attend court and so the complaint was brought by his wife, Caroline, herself ‘an old woman’. She told Mr Williams that her husband had been paying his dies to the Society since 1857 and now, at the ripe old age of 82, she believed he was entitled to weekly payments. He was suffering from ‘bodily infirmities, aggravated by old age’.

In defense of the decision not to pay William the Society’s solicitor, Rendall Moore, said that he was not suffering from any disease so they were not obliged to pay. He didn’t believe ‘old age’ was an illness and a similar request from Cox had been dismissed only five years earlier.

The magistrate declared that just because the complainant was not entitled to payments previously he clearly seemed to be entitled now and he ordered the Society to pay William Cox 15s weekly from now on. A solicitor for Mrs Cox now requested that the Society also pay the costs of the case and when even the Society’s own doctor admitted that William had been left ‘broken up’  by the delay in paying his relief Montague Williams was happy to award them.

The Society’ s lawyer now unwisely chose to question the decision asking the magistrate ‘whether he considered that mere old age was sickness?’

‘You are not here to cross examine me’, thundered the magistrate and the order to pay was immediately entered into and Mr Moore left court with his tail between his legs.

[from The Standard, Wednesday, October 30, 1889]

*amusingly the Society held its meetings in the local pub.

Three cheers for health and safety as the ‘filthy’ reality of Bermondsey is exposed.

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Mr. A’Beckett’s courtroom at Southwark was packed in late September 1854 as the Bermondsey Improvement Commissioners brought a series of ‘health and safety’ actions against local businesses. We tend to think of ‘H&S’ as being a modern thing, often something forced on society by European bureaucracy. The reality is that it has a very long history in Britain, at least as far back as the Victorians.

The complaints, presented by Mr Ballantine of Messrs. Drew and Gray, solicitors, lasted several hours and focused on activities being carried out underneath the railway arches of the South Eastern Railway Company, near Russell Street.

In the eighteenth and nineteenth century this area of south London was associated with the leather trade. There were numerous tanneries and curriers in this ‘Land of Leather’ and some of these trades, such as Garner’s jappanning workshop, were operating from under the arches of the railway.

This was a problem for locals because the fumes were, according to the commissioners, causing a nuisance. By nuisance Mr Ballantine meant illness, injury and death. Not only to locals but to anyone travelling on the railways above, and especially those coming into London from the countryside.

James Oates operated a bone boiling works under the arches and this was particularly unpleasant to travellers. At present it was, the prosecution alleged, ‘dangerous in the extreme’:

‘and parties coming in from the pure air in the country […] were sickened by the noisome effluvia emitted from the defendant’s premises below’.

Jane Prior’s work involved melting used cooking fat and the smell was obnoxious. The commissioners condemned her trade as ‘filthy in the extreme, and dangerous to the health of the locality’. Ralf Sockhart had a similar business. His involved boiling offal to make pet food and was equally disgusting and offensive to locals.

The magistrate listened carefully as a string of cases were brought against the occupants of the arches, many of whom must have been practicing their trades for several years. The second half of the nineteenth century was witnessing a coordinated effort to remove ‘nuisances’ from the densely occupied parts of the capital. The cattle market at Smithfield – part of London life since the medieval period – was moved out of the centre to clear the thoroughfares. This series of actions against the ‘dirty trades’ of Bermondsey has to be seen in the context then of ‘improvement’.

In all the cases the magistrate sided with the Commissioners even if he sympathized with the businesses, none of whom were rich.  All were given time – a month – to find new premises, hopefully far away from the homes of residents. Mr Ballantine hoped that press coverage of the proceedings would also warn the railway companies that they were expected to take more responsibility in letting out the arches they owned.

‘It was monstrous’, he declared, ‘that these arches should be kept for such purposes, merely for their profit, much to the injury of the public health’.

And there of course was the point of these proceedings and, I might suggest, the point of health and safety legislation. The laws existed (indeed exist) to protect the public from dangerous practices. When chemicals and gases are being used in enclosed premises there is a risk of diseases, fire, explosions and the Victorians recognized that some trades had to be separated out and placed a long way from peoples’ homes. The people concerned were, more often than not, those that could not afford to bring private prosecutions against large companies and rich businessmen. So the Commissioners, for all their interference and accusations of ‘nannying’, were standing up for those who were otherwise rendered silent.

[from The Morning Post, Thursday, September 28, 1854]

‘Skylarking’ leaves one youth in hospital when he picks on the wrong victim

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Historians of crime have estimated that in the 18thand 19thcenturies only a small percentage of assaults (even fairly serious ones) reached the courts. Even when prosecutors did bring assaults before the magistracy in 18thcentury London the most common outcome was a settlement between the two parties, often brokered by the justice.

Arguably, this was mostly because inter-personal non-fatal violence was treated as a civil rather than a criminal offence, and so did not always need a jury’s deliberations. In the previous century and for much of the 1800s it was property crime that occupied the minds of legislators and the justice system. However, it seems to be the case that over the course of the nineteenth century violence increasingly became the focus of concerns about crime.

Perhaps this is reflected in this case from the Thames Police court in 1864 which occurred just 3 years after parliament had consolidated the various laws concerning interpersonal violence in one piece of legislation: the Offences Against the Person Act (24 & 25 Vict. c.100).

Herman Menus, a German immigrant, was charged with cutting and wounding Timothy Bryan, an Irish labourer. The victim was not in court to press the charge and Mr Partridge was told this was because ‘he either did not care about the wound as a serious one’ or had been compensated by some of Menus’ friends.

Nevertheless the case against the 38 year-old skin-dresser proceeded because, as Mr Partridge said, it was serious. He stated that ‘cutting and wounding cases had become so alarmingly common that the investigation must be continued’ and he remanded the German in custody.

The facts presented were that a police constable from H Division was called to a disturbance in Lambeth Street where he found Bryan lying in the gutter with a long cut to his face. He took the injured man back to Leman Street police station where he was treated. Whilst there he had some sort of fit but was now stable.

John Conley, a surgeon living on Whitechapel High Street, deposed that the wound was serious but not life threatening. In his defence Menus told the court that he had been attacked by a group of lads as he was going home from work. He was struck twice about the head and reacted, using the two cans he was carrying with him. One of these connected with Bryan’s cheek causing the injury. He used no knife at all.

The police confirmed that Bryan was one of the groups of lads that were involved in baiting the skin-dresser, which perhaps explains his reluctance to appear in court against him. Bryan was most likely part of the gang or group of ‘roughs’ who were known to pick on foreigners or anybody else they might like to terrorize on the capital’s streets. Unfortunately for him he had selected a victim who was quite capable of defending himself.

The prisoner was brought up the following day to be questioned again and so Mr Partridge could finally decide his fate. Now the court heard that Bryan was a fireman on a steam ship bound for Bordeaux in France. Menus had hired a solicitor to represent him.

Bryan appeared and said he was having some difficulty in speaking due the injuries he’d sustained in the attack on him. He told the court that he and his mates had just been ‘skylarking’ when Menus had said something to him. One thing led to another and blows were exchanged. He was drunk at the time he admitted, so his memory of the events was hazy at best. Several witnesses for both parties testified that there was equal fault on each side.

In the end the magistrate decided the best thing was this to be sorted out by a jury and so he committed Menus to take his trial.

[from The Morning Post, Saturday, September 24, 1864; The Standard, Monday, September 26, 1864]

‘A most mischievous piece of fun’: a lawyer gets his comeuppence.

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Richard Thursgill and his family were awakened by someone ringing violently on their doorbell.  It was about a quarter past one in then morning of the 18 September 1878 and, in that respectable part of Ludgate Hill alarms like this usually meant one thing: fire! Despite being ill the whole family rose from their beds and rushed downstairs.

There was no fire however, and no one to be seen in the street outside either. Then, around five minutes later PC Martin of the City force appeared at the door with a young man. He’d caught him hiding near by after watching him ringing on the bell pull. The pull itself was almost wrenched clean off, so violent had the man’s actions been. The PC wanted to see if Mr Thursgill wanted to press charges.

He did and so the case ended up before Sir Andrew Lusk at the Guildhall Police court. There the young man gave his name as Arthur Stapleton, a solicitor of 62 Bishopsgate Street-without. He denied the charge and his lawyer assured the magistrate that his client was a respectable young law graduate and not the sort of person to do such a thing.

Really, the magistrate asked? In his experience this sort of ‘abominable’ behavior – ringing people’s doorbells and worrying them into thinking a fire had broken out – was exactlythe sort of thing ‘young solicitors and students did for a “lark”.

He had no doubt Stapleton was ‘respectable’ (and did not need him to produce the character witnesses he promised to prove it), but the only question he was concerned with was identification. Could PC Martin be sure that it was this person that had caused the annoyance?

Quite sure the policeman replied, there was no one else in the vicinity at that time and he’d seen him do it. In that case Sir Andrew said, he had no choice. For his ‘most mischievous piece of fun’ young Stapleton would have to pay the princely sum of 20s. He would have charged him less had been less ‘respectable’, merely 10s, but under the circumstances he could well afford 20s.

Let’s pause for a moment to share our collective sorrow for a solicitor being overcharged…

[from The Standard, Wednesday, September 18, 1878]

Caveat Emptor is the watchword on the Ratcliffe Highway as an Italian sailor strikes a hard bargain

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The Ratcliffe Highway in the late 1800s

Here’s a case of caveat emptor (‘buying beware’) from the Ratcliffe Highway, where in the nineteenth century unwary sailors and other visitors were frequently separated from their hard earned wages.

Marion Madria was an Italian seaman, one of many in the multi-cultural district close to the dockyards that stretched along the East End’s riverfront. As he walked along the Ratcliffe Highway in early August 1857 he passed a jewelry shop. One of the store’s employees stood outside offering items for sale to passers-by, tempting them to enter with special offers and ‘bargains of the lifetime’. Their tactics were much the same as those of retailers today, but relied on the spoken word more than print (sensible in a society with much lower levels of literacy than today’s).

Madria was hooked and reeled in to the shop where he was offered a gold chain for just £3. It was a ‘too-good-to-be-true’ bargain but £3 was still a lot of money so the sailor bartered the price down to £2 9s. He didn’t have all the money but that was no problem, the shop assistant said he could pay a deposit of 9and bring the balance back later. Moreover, he could even take the chain away in the meantime.

I suspect Madria might have been a little drunk when he bought the chain, which would hardly have been unusual for a sailor on the Highway. Later that day as he showed his prize off to his mates he soon realized he’d been ‘done’.  The ‘gold’ chain was nothing more than brass and worth barely 6not nearly £3. It should have been obvious that a chain of that eight made from gold would have cost nearer £300 than £3. It really was too good to be true.

Enraged and not a little embarrassed the Italian obtained a summons to bring the shop’s owner to court to answer for his attempt to defraud him. In consequence Samuel Prehowsky appeared at Thames Police court before Mr Yardley. Since Madria’s English was limited at best the case was presented by a lawyer, Mr Young.

Young set out the details of the case and showed the justice the chain in question. He said he’d had it valued at between 4 and 6 pence and it was clearly not even worth the 9sthat Madria had left as a deposit. Mr Yardley agreed but he was far from certain that any fraud had taken place. He couldn’t quite believe that anyone would have fallen for it anyway. Young said that his client had ‘been dragged into the shop, and done for’. The magistrate replied that had he indeed been ‘dragged in he would have dealt with this as an assault, but he’d entered of his own volition. There was no assault involved at all, just incredible naivety.

Mr Prehowsky was an immigrant himself, a long established Jewish trader in clothes and jewelry who had come to London from Poland many years earlier. He explained that he’d not been in the shop that morning but would be able to bring witnesses to prove that Madria was not charged £30 but just 10s, which he bargained down to 9s and paid.  At this Madra cut in:

‘He say all gold, only £2 9s. – you leave me de money, all you have got, -9s and bring me de money, all the rest of it’.

‘You have not paid him the other £2 I hope?’, the magistrate asked him.

‘No Senhor, all brass, like the Jew [who] stand there’.

This last exchange brought the house down, laughter filling the courtroom.

It was a cautionary tale for the paper’s readership – be careful when you are buying jewelry on the Highway or you might get less than you bargained for. It was also an opportunity to make fun at the expense of a foreigner (Madria) and remind English readers that Jews were untrustworthy and avaricious. But no crime had been committed. Prehowsky confirmed that he was not seeking the extra £2 in payment for this goods (he said he never had anyway) and the Italian had his chain so as far as Mr Yardley was concerned that was that. He advised Madria not to buy jewelry in future and let everyone go.

[from The Morning Chronicle, Thursday, August 6, 1857]

Casual racism from the lips of someone who should know better: Anti alienist in nineteenth-century Whitechapel

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This morning I’m off to Whitechapel to show some friends of mine around the area. If the weather is kind to us (and it’s not looking good!) I will take them to see the strange sights of one of the most interesting parts of the capital. This was the area where Jack the Ripper selected and killed his victims, from amongst some of the poorest people in London.

In the nineteenth century it was an area that was home to a vibrant community of mixed ethnicities, and it must have been filled with a cacophony of competing languages. It was dangerous, exciting, troubling and fascinating and it drew visitors from across London of all classes to gawp at what they saw there. Soon after the Whitechapel murders began ‘dark’ tourists started to come to see where ‘Polly’ or ‘Annie’ were attacked and left mutilated, a phenomenon that has continued to this day.

We’re not going on a ‘Ripper tour’; while very good ones exist I’m not entirely comfortable with the whole industry that surrounds the case and anyway, I know the sites well enough to show my friends should they want to have a look. Hopefully I can contextualize them within the social history of the 1880s.

One thing I hope they do notice today (given that they are coming south from ‘middle England’) is the diversity of the modern East End and how this echoes the Whitechapel of the 1880s. In the last quarter of the century this was home to tens of thousands of immigrants fleeing persecution and hoping for better life in the West. Ashkenazi Jews from the Russian Empire (from modern day Lithuania, Poland, and Ukraine) escaped from the Tsar’s terror and came to London and settled (or continued their journey to the USA).

Most stayed close to docks where they arrived and where there was already a well established Jewish community (so they had places to worship, kosher food they could eat, people that understood their language, and opportunities to work). They found work as boot and shoemakers, bakers, and in ‘rag trade’ sweat shops. They certainly impacted the area and tensions were often raised – no more so than during the Ripper case when some people pointed the finger of blame at the Jews, suggesting ‘no Englishman could have done this’.

While England in the 1880s had no laws against immigration there was racism, better known then as ‘anti-alienism’. Men like Arnold White stoked the fires of xenophobia, publishing lies and preying upon people’s fears of the ‘other’ and arguing that the new arrivals took locals’ jobs or deflated wages. Just like the lies spread by modern racists the claims were not true but the lies stuck. When times are hard it is easy to blame those that look different from the majority for all the problems in society.

This clearly wasn’t helped by the attitudes of those in positions of authority, or by the actions of influencers like the editors of newspapers. In 1891 The Standard newspaper reported the daily news from the Police Courts with the following story from the East End.

The sitting magistrate that day was Montagu Williams , QC. The clerk had handed him a list of summonses, the first six of which were applications from ‘foreign Jews’ who had taken them out against their co-religionists for threats and assaults. The report went on to say that, ‘as usual in such cases, some of other of the parties was unable to speak the English language, and there was a rush of persons to offer their services’ as translators.

Mr Williams had a rule that only one person should act as interpreter for the court, and he charged a fee. A solicitor for one of the men in court told the justice that his client could not afford that fee as he was a poor man. Williams said ‘he did not care’, adding:

It was not for the Court to pay the interpreter in these wretched squabbles. If these foreigners were allowed to flock into this country and, when settled here, were to disturb the peace by quarrelling and fighting among themselves, it would soon be necessary that they should have a Court with the officers and Magistrate speaking their language’.

This drew laughter from the public gallery.

As the cases were heard the same solicitor (Mr Bedford) was attempting to make his case about the threatening language used by one of the accused, referring to the ‘hard swearing’ that was common in the community.

‘You need not trouble about the language, Mr. Bedford’, Montagu Williams told him. ‘These people cannot speak the truth in any language. They are none of them to be believed on their oath’.

This then was the prevailing attitude towards Eastern European immigrants in late nineteenth-century London and it contributed towards the passing of the first anti-immigrant legislation (the Aliens Act) in the early twentieth century. Nowadays the dews have mostly gone from Spitalfields  (although there are traces of them in old shops signs and other buildings). They worked hard and prospered and moved north into the suburbs. Other groups followed them and now this area is home to many Bengalis.

Racism and xenophobia has not moved on sadly, and continues to blight society. London’s success (and that of Britain as a whole) is built on the industry of millions of immigrants over a thousand years or more and we would do well to remember and celebrate it, not immediately point the finger at ‘them’ when times are hard.

[from The Standard, Thursday, July 30, 1891]

Drew’s new book (co-authored by Andy Wise) is published by Amberley Books. It is a new study of the Whitechapel murders of 1888 which offers up a new suspect, links the ‘Jack the Ripper’ killings to the unsolved ‘Thames Torso’ crimes, and provides the reader with important contextual history of Victorian London. The book is available on Amazon here