A child is beaten and half-starved for the theft of some cakes

ec0504855fb2554802c831cc675cb1b1--office-signs-offices

The NSPCC was founded in 1884 with a mission (that it continues today) to protect children from cruelty. The cruelty that is most difficult to detect is domestic; that perpetrated by parents or other relatives of children, because it is often hidden within the family.

This was the case with Ethel Newberry, a child of ten who was abused and half starved by the father and aunt at the family home in Sydenham in May 1889. The case came to the attention of the Society for the Prevention of Cruelty to Children who brought a prosecution at Greenwich Police court. In the dock were Phillip Newberry, the child’s father, and Mary Phillips, her aunt. The details are quite distressing.

Ethel had been beaten on her back by her father with a cane, on numerous occasions. When she’d been examined by a doctor the extent of her injuries were considerable, with several scars and abrasions. Her aunt had hit her over the head with a copper stick and smacked her wrists with a cane. The treatment she’d been receiving had alerted neighbours who had complained about it to the local Poor Law relieving officers, who’d visited the house. He had discovered that Ethel was almost emaciated, weighing just 30lb when should have been at least 50-60lb at her age.

The child was taken to the local workhouse where she was treated for her injuries and fed properly; slowly she was beginning to recover. The case came before Mr Marsham at the police court and he quizzed the father and aunt about their treatment of little Ethel. The court also heard from Ethel herself.

The whole episode seems to have resolved around food. Ethel was given meals but presumably these were so scant as to leave her continuously hungry. The doctor that checked her over at the workhouse could find no explanation for her emaciation that suggested a disease, so the only conclusion was that the family had not been giving her enough to eat. This may have been an attempt on their behalf to discipline the child for behaving ‘badly’ but if it was it only made things worse.

Ethel now began to steal food. She admitted to the magistrate that she had taken cakes from a shop and this was why her aunt had ‘whacked’ her. She was clearly desperate. The justice decided that while there was little evidence to prove that Mary Phillips had done more than was deemed normal in terms of chastisement, the cruelty of the father was excessive and so he was committed for trial at the Old Bailey.

The London SPCC was successful in portioning Parliament for a change in the law to protect children from abuse and this was passed in 1889. Under the terms of the Prevention of Cruelty to Children Act (52 & 53 Vict., c.44) the police wwre authorized to remove  a child from its parents  if cruelty was suspected and give it into the care of the parish. On conviction for cruelty anyone ‘who willfully treats or neglects any boy under fourteen years of age, or any girls under sixteen, in a manner likely to cause unnecessary suffering’ was liable to a £50 fine or three months in prison.

However, this is where this case disappears. There is no record of a Phillip Newberry standing trial at the Old Bailey or appearing in the prison system either. The newspapers (from those digitized by Gale for the British Library) don’t mention this case after he was committed and his sister discharged. So perhaps, in the end, the society decided that there was insufficient evidence to take the case before a jury. Hopefully, though, they also managed to removed Ethel from her abusers.

[from The Standard, Monday, May 27, 1889; Lloyd’s Weekly Newspaper , Sunday, June 9, 1889]

‘A fever amongst people living under the mockery of a poor-law which recognizes no right to relief in destitution’: reflections on the Irish Potato Famine from 1846

240px-Skibbereen_by_James_Mahony,_1847

Today is St Patrick’s Day and there will be drinking galore in Dublin, London and Boston and throughout the Irish diaspora. The island of Ireland is small, just 32, 500 square miles, and today it is home to around 6.5m people, but it bats above its average in terms of political importance and influence. This is due in no small part to its strategic significance, situated as it is between continental Europe, Britain and the Atlantic, and also of course, because of its long and troubled history. It is not for nothing that the Brexit wrangling in recent months has focused so much on the so-called ‘Irish backstop’; the determination not to recreate a hard border between Eire (the Irish Republic) and the six counties of Northern Ireland.

The Irish influence is widespread however, because of the waves of Irish emigration from the ‘emerald isle’ that took place, for the most part at least, in the nineteenth century. Millions of Irish men and women left their homes to travel in search of food, shelter and work – a better life – in the wake of famine, persecution, and religious intolerance.

St. Patrick's Day Parade in America, Union Square, 1870s (colour litho)

Many went to their nearest neighbours, settling in England and Scotland (in London, Liverpool and Glasgow in particular) while many others traveled to the United States (especially New York and Boston). They took their culture with them, hence the St Patrick’s Day parades in US cities today (as above from Boston in the 1870s).

The famine began in September 1845 so by the winter and spring of 1846 it effects could be felt throughout Ireland and the British Isles. England had always had a large Irish immigrant population and they were generally regarded as second-class cousins at best and dangerous Catholic troublemakers at worst. Most of all perhaps the Irish were generally poor and considered to be ‘feckless’ ‘work-shy’ and a burden on the rates. When the numbers of the existing populations were swelled by tens of thousands of new migrants in the mid 1840s antagonisms were heightened.

The Police courts of the English capital were often visited by members of the Irish community, who gravitated to the poorer areas around St Giles, Covent Garden, Whitechapel and Southwark. The Irish had a reputation for hard drinking and ‘fair fights’ (when they were drunk). Brawls in pub spilled over into the streets and there altercations with the police were inevitable.  So arrests would be made for drunken and disorderly behaviour, refusing to quit licensed premises, and assaults on the constabulary. Many Irish ended up in the workhouse or as vagrants and beggars and this could also lead to an appearance before a magistrate.

The situation in Ireland was caused by the failure of the potato crop but exacerbated by the actions of the English landowners, poor law authorities  and government that failed to help the people affected. This was hotly debated in Parliament (just as today’s MPs debate Brexit and the ‘backstop’). Discussions turned around debates between those seeking trade tariffs for imported corn and those opposed to them. Peel wanted to repeal the Corn Laws but this split the Tory party (rather like Brexit has) meanwhile Irish people were literally starving to death. This is a flavor of the debate as reported in the Daily News on the day following St Patrick’s Day 1846:

This measure is an impressive commentary on the time occupied by the Protectionists [those that wanted to keep tariffs] in their long protests. It is fever against which Parliament has to provide. An infliction of fever so national, that Government must interpose to prevent the dying and dead from making the Green Isle a very Golgotha.

It is fever induced by starvation; and hastening on, with giant strides, while week after week is wasted in describing and deprecating the horrors of a superabundant influx of food from foreign countries. Moreover it is a fever amongst people living under the mockery of a poor-law which recognizes no right to relief in destitution’.

Peel’s early attempt to import American corn in secret failed because the quality of the grain was so poor that it was virtually inedible, causing widespread digestive problems so it became known derogatively as ‘Peel’s brimstone’.    At least 800,000 Irish men, women and children died as a direct result of the famine and the failure of the British government to support them, the figure is probably closer to 1-1.5m. A further million (at least) emigrated. If you ever wondered why anti-English feeling remains prevalent at all in the Ireland and amongst Irish communities elsewhere perhaps a reflection on the events of 1845-49 would be instructive.

And that is without considering the actions of the early modern rules of England, the atrocities committed by Oliver Cromwell’s troops, the long battle over Home Rule in the late 1800s, the brutal repression following the Easter Rising in 1916, the ‘black and tans’, ‘Bloody Sunday’, Diplock courts and all the other measures used to govern the northern counties in the Troubles, and of course decades of jokes at their expense.

Happy St Patrick’s Day folks – God save Ireland!

[from Daily News, Wednesday, March 18, 1846]

A magistrate woefully out of touch with reality but who founded a legal dynasty

911ToVhHtiL

Sir Henry Curtis-Bennett might be forgiven for not really knowing ‘how the poor live[d]’ in 1888. He had been appointed a magistrate for Westminster just two years previously at the age of 40. In 1888 in fact he was ‘Mr’ as the king didn’t knight him until May 1913 just a few weeks before he died. He was the son of an Essex  vicar and read law at university. He was called to the Bar in 1870 and so had plenty of experience (as all the metropolitan magistrates did) in the legal system, if not in the day-to-day life of ordinary Londoners.

In November 1888 he was presiding at Wandsworth when young George Thomas Bellenger was brought before him, charged with ‘living beyond the control of his parents’. The gaoler brought him up from the day cells and informed his worship that the lad was half starved. Until that morning he’d not eaten for days and so had been glad of the meal that Mr Ironmonger, a local Industrial School officer had provided.

The officer had been to George’s parent’s home and found it to be in a terrible state. There were several children there, all ‘crying for food’ and he reported that the place lacked the basic ‘necessaries of life’ (by which I presume he meant food and heating).

If the family were destitute then surely they should have gone to the workhouse Mr Curtis-Bennett declared. The gaoler said his worship was correct but added that many of the poor were ‘disinclined to become inmates of the workhouse’.

The magistrate said he was aware of this but couldn’t understand it. After all in England the poor were looked after better than in any other country in the world. Here there were ‘workhouses, infirmaries, and dispensaries’. This was the extent of the ‘welfare state’ in 1888: there was no unemployment benefit, no state pension, no NHS. Instead if you unable to feed yourself or find shelter you could enter the ‘house’ where you would treated (despite the former barrister’s opinion) little better than prisoners were.

George’s mother was called forward to explain her situation. She told the magistrate that her husband was out of work. He had been employed by a mineral water company as a delivery man but he had been sacked after eight years’ service. The reason, she was asked?

‘He trotted the horses’.

‘For no other reason?’

‘No sir’.

So because he pushed the horses to get his rounds done more quickly they company had sacked him. Workers had few, if any, rights in the 1880s and unemployment was high so there were always people to fill gaps if employers wished to get rid of people or pay them lower wages.

At this Mr Curtis-Bennett had a temporary rush of charitable understanding. He awarded the woman 10from the poor box. Then he sent her little boy to the workhouse.

Henry Curtis-Bennett died in office. He had become the Chief Magistrate at Bow Street and in July 1913 he was a attending a meeting at Mansion House (seat of the Lord Mayor of London) when he fell ill. He had survived a bomb attack in 1908 orchestrated by militant suffragettes (and other attempts as he was a lead magistrate in suppressing their ‘outrages’) but he didn’t survive this latest assault on his constitution. curtiss-bennett-1He died soon afterwards and was succeeded by his eldest son, also Henry, who went on to be a more famous lawyer than his father and a Conservative politician.

His son – Derek Curtis-Bennett) followed in his father and grandfather’s footsteps and entered the law. As a defence barrister he famously defended (if not successfully) the traitor William Joyce (Lord Haw-Haw) and the murderer John Christie.

No one knows what happened to little George or his siblings, or if they even survived the winter of 1888.

[from The Standard, Friday, November 02, 1888]

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

siege-of-paris-1870-nhousewives-queuing-outside-a-butcher-shop-during-the-german-siege-of-paris-wood-engraving-from-a-french-newspaper-of-1870-granger

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]