The Police Court: a progress report

39467568_10155285463846157_7024969189328683008_o.jpg

I thought I’d do something a little different this morning. I’ve been writing reports from the Victorian Police courts for over two years now and have collected several hundred stories which were beginning to give me some historical findings that I might be able to analyse more broadly.

There is a difference I’ve found, both in the nature of cases, the way the courts are used by the public, and the way in which they are reported by the press, and this seems to move in patterns across the period 1830-1900. I’m not at a stage where I can be completely sure about this but it does seem that the newspapers are clearly highlighting particular sorts of case or crime in much the same way as we see ‘hot topics’ appearing in our own papers today.

Sometimes that is a sort of criminal activity (and notably this is fraud of some sort when the Mansion House or Guildhall courts are reported). Other times it is begging and vagrancy – real concerns of the mid Victorians who had reframed the Poor Law to treat the ‘undeserving’ poor more harshly. Later see we plenty of domestic violence cases highlighted as this was something that certainly concerned several of the late Victorian magistrates who wrote up their memoirs. Child neglect, abject poverty, and suicide were also topics that come up time and again with varying degrees of shock, sympathy and distaste.

One of the key problems I’ve faced in undertaking this sort of research is that the papers only ever offer us a snapshot of the magistrates’ work. The daily or weekly newspapers run about a half page on the Police Courts and that means they cover about 5-8 courts and report on one (sometimes two or three) cases from each of them. But we know that these courts were busy places, dealing with hundreds of cases daily, especially on Monday mornings when the police cells emptied of the weekend’s drunks, brawlers, petty thieves and wife beaters.

Judging by the archival records I have looked at from Thames Police court (one of the few places where records from the 1800s have survived) most of those prosecuted there were fined for being drunk and disorderly, or drunk and incapable. Very many others were in for some form of assault and received fines or short prison sentences. Cases which were complicated and led to serious charges being heard at the Old Bailey were relatively few by comparison but were more often reported by the papers, because of course they were often more interesting for the readership.

So what we get is a fairly lopsided view of the police courts and I have been aware that I am also engaging in a selection process in offering up the ones for you to read. Once I realised that dozens if not hundreds of people were reading my blog did that affect they way I chose which cases to cover? It is a difficult question to answer; there are all sorts of factors that determine what I write about. I am drawn to certain types of case because they seem to offer insights into Victorian society at different points, but other times I just find the story sad, amusing or unusual.

Today I am speaking at the 2018 East End Conference, a gathering of largely amateur historians who have a fascination with the Whitechapel Murders and the context in which they occurred. I on quite late in the day and as this is the 130th anniversary of the so-called ‘Jack the Ripper’ murders I thought I’d take the opportunity to reflect on the phenomenon of ‘Ripperologly’ (the study of the murders) and the problems of historical evidence. This is because the Ripper case and the character of ‘Jack’ has been manipulated from the beginning of any interest in it. He has been used by tour guides, entertainers, politicians, social reformers, historians, video game makers and others for all sorts of purposes. Each generation has shaped their own ‘Ripper’ to suit contemporary concerns or tastes.

In the process we have lost touch with the reality of the murders which were brutal in the extreme. The Ripper figure has become separated from the real killer and an entertainment industry has grown which has exploited the victims and the area in which the killings took place. In the light of recent movements that oppose misogyny (like the ‘Me Too’ movement) I believe Ripperology needs to reflect carefully on the sometime casual way in which the killer has been turned into some sort of cult comic book figure – the mysterious topped hat gent with a knife and a Gladstone bag swirling his cape through foggy backstreets.

This characterisation has arisen from the lack of hard evidence we have for who ‘Jack’ really was. The vacuum has been filled by speculation – which is not in itself a bad thing – and by a vert partial reading of what evidence we do have. Much of this is gleaned from the Victorian press in the 1880s and I can see (simply by reading them every day for this blog) how careful we need to be about that material.

So writing this blog and writing and researching my own ‘Ripper solution’ book has helped me think more carefully about how we use and present ‘history’ and that will form part of what I have to say this afternoon. Normal service – in the form of the reports of the magistracy – will return tomorrow with a tale of pyromaniac who risked the lives of those he lived with. A tale appropriate for Guy Fawkes I thought.

Drew

It was a great pity they did not go to school’ : truancy and the Victorian state’s motivation to educate the masses.

RAGGED TRUANTS CAPTURED

Truancy is not a new problem. In the pages of the Thames Police court in the late 1880s huge numbers of parents appear to answer charges of not sending their children to school. Most are fined small amounts and dismissed. It is rare to know why children were not attending school or whether a brush with the law meant that future attendance improved.

In late October 1880 Mr Paget was sitting in judgment at Hammersmith Police court as a number of summonses for truancy were presented to him. They were brought by a superintendent of schools, Mr Cook, who had the power (should the magistrate require it) to place children in Truant Schools for a period of weeks or months. It was generally thought that this (presumably harsher) environment encouraged children to go to normal day schools thereafter.

Of course while it is often assumed that kids play truant because they don’t like school (for all sorts of reasons we better understand today) it was often the parents that kept their offspring at home. Children could help with domestic duties, with the care of younger siblings or elderly or sick relatives, freeing parents to go to work. Children also worked, especially when that was piece work (like making matchboxes or mending shoes or clothes). In short for many poor families children from about 10 were useful in the family economy and weighed against the opportunities presented by a basic education (which were, let’s face it, few) having them at home was probably better.

One mother told the justice that her truant daughter was 12 and had secured a position as a servant, which was why she wasn’t at school. She appeared in court with her youngest child in her arms, as if to emphasize the necessity of moving her children on to make space for the new ones. Another explained that her son had not been to school for nine months because he was needed to take lunch to his father who worked in a brickfield.

In one case the magistrate wanted to know why it was the mother in court when the summons had required the presence of her husband.  He could read she said. Nor could she, or her truant son. Mr Paget declared that ‘it was a great pity they did not go to school’ but adjourned the hearing so the summons could be read and the father given time to attend.

In the end many cases were similarly adjourned while enquires were made into the reasons given (ill-health, lack of money or shoes) for truancy. Mr Cook the schools superintendent said he would try to find places in Truant Schools but few were available. He wanted the parish to build a second one. That would cost money, and money was probably at the root of the problem.

The Victorian state wanted the children of the poor to be educated, up to a point. They wanted them to be better-educated factory hands, soldiers and servants, not educated so they challenged their place in society. This was often moral education that shaped a nation rather than improved the lot of its poorest.

Thankfully (I say, tongue firmly in cheek) we’ve left all that behind…

[from The Standard, Thursday, October 28, 1880]

Tenants 1 rent collectors 0: Justice is done at Southwark

73cbded487419b72e1cc3dce3e9a769c--victorian-london-victorian-era

Many of those that appeared in the dock at London’s many Police Magistrate courts were charged with assault. The registers at Thames Police Court are some of the very few that survive and there you will find literally hundreds of cases of assault every month. However, what you won’t discover is any context that will enable to you to understand why these cases came to court. Summary court records (unlike jury courts like Old Bailey) are sadly lacking in qualitative information. We might discover that someone went to court charged with assaulting someone else, and find out that they were fined or imprisoned, but we rarely know exactly what happened or why.

That is why the newspaper coverage of the police courts is so useful; it gives us the detail that we are lacking elsewhere and allows us to comment on the motivations of those accused of hitting, kicking or pushing their fellow Londoners, and ask whether they had (or believed they had) any justification for so doing.

Let’s take William Howard for instance. Howard was a ‘respectable mechanic’ living in rented rooms in Market Street, Borough, (just south of the river) with his wife and family. On the 19 November 1867 James Stephens called at his door. His youngest son answered the door and Howard called from indoors for the man to be let in.

Stephens worked for a man named Linfield, who was a landlord’s agent tasked with collecting the rent from a number of houses in the area. Rents were collected along with the rates (which went towards the Poor law for example).

The rent collector had come to ask Howard for 10 and 3d, which was two weeks’ rent plus 3s for the rates. William Howard handed the collector a receipt he had for 82d for money he had already paid towards the Poor Rate. He asked this amount to be deducted from his bill but Stephens refused and the pair argued.

Accounts of what append next differ but it is likely that the mechanic manhandled the rent collector out of his house and told him that before he settled any difference in what he owed he wanted to discuss it directly with his landlord first. Howard clearly felt aggrieved that the minion was demanding money he felt he didn’t owe or was possibly asking  him to pay his rates in advance.

All of this ended up in a summons for assault that was heard at the Southwark Police Court. It doesn’t seem to be an issue about not being able to pay, but more about the underlying principle of when he was supposed to pay, and how much. In this the magistrate had quite a lot of sympathy with him.

Mr Partridge (the magistrate) asked Stephens if the occupants of the houses were ‘on the rate books’. Stephens wasn’t sure. But ‘he knew that the landlord paid all the rates in a lump , thereby saving the parish some trouble in collecting the rates. The tenants were all aware of this’, he added.

The magistrate said that all tenants had a right to be rated and entered into the ledgers. Moreover, he ‘considered it very unfair of the landlords of these small tenements in raising rents for a future tax’. The relevant act, he stated, ‘specifies that the occupiers should pay the rates themselves, and if there is no other agreement deduct the same from the rent’. It seems this was what William Howard was doing and he saw nothing wrong with it. As for the assault, well he could see fault on both sides and so dismissed the charge against the mechanic who was free to go, his reputation intact.

[from The Morning Post, Friday, December 13, 1867]

The Hungerford Market boys provide early trouble for the Peelers

200px-Charing_Cross_London_from_1833_Schmollinger_map

I’ve mentioned the unpopularity of the New Police on more than one occasion in this blog and it was certainly a truth that not everyone welcomed Peel’s innovation. It took several years for the ‘Peelers’ to become grudgingly accepted on the capital’s streets and even by the end of the 1800s not everyone welcomed them. In the early days of the professionals there were accusations of corruption and collusion with local criminals and prostitutes, and of heavy handedness and a lack of discipline.

This case demonstrates some of that early tension and is a useful reminder that many policemen were vulnerable to attack from those that resented their presence in their communities. In this example it was a ‘gang of fellows in Hungerford market‘ that were determined to show their contempt for the ‘boys in blue’ at every opportunity, and had organised themselves to deal with any legal consequences that might arise.

PC Richard Wallington (19 F Division) was proceeding along his beat along Villiers Street between 11 and 12 at night on Wednesday 11 August 1830 (less than a year after the first of the Peelers had taken to the streets) when he saw a group of men harassing a private watchman.

He heard ‘high words’ as the watchman tried to get them to go home quietly. One of the men, a ‘sturdy looking fellow’ named Thomas Moody, said they would not quit because they were looking for someone. In fact they were looking for a policeman that he claimed ‘they had paid £8 for’.

This sounds like a bribe and presumably they expected something for it. However, it seems as if whatever they expected the copper to do (or to not do perhaps) had not been forthcoming and now they were after revenge. Moody declared that if they found him they meant to ‘rip [his] b_____ guts out’.

At this PC Wallington turned away, sensibly enough perhaps as he was outnumbered. Unfortunately for him the men had seen him and followed him into the Strand. Mood confronted the PC and threatened to ‘rip his guts out’. Wallington  told him to be quiet and go home. Instead of following that advice however the man attacked him, kicking and thumping him before the policeman was able to call for assistance. As Inspector Wovenden and some other officers arrived the pack of men scattered but Moody was overpowered and taken back to the station house.

In the morning he was produced before the magistrate at Bow Street and the case of assault against him outlined to Sir Richard Birnie. Inspector Wovenden testified that Moody had also insulted and threatened him and declared that he didn’t fear the consequences. Moody insisted that his gang had clubbed together to create a subscription fund out of which any fines incurred for assaulting policemen would be settled.

It is an interesting concept and shows how the so-called ‘criminal classes’ of nineteenth century London might have found a strategy to deal with this new threat to their operations. Many of the street crimes that the New Police dealt with were punished by fines: drunkenness, disorderly behaviour, gambling, refusing to quit licensed premises, obstruction – all carried a fine of between 1s and 10s. Even assault routinely incurred just a fine.

However, a failure to be able to pay any fine would land you in the house of correction for anything up to a month so swift payment was necessary. Later in the century, if the records of the Thames Police Court for the 1880s are reliable, it would seem that magistrates were choosing to punish serious assault (i.e that meted out to the police or to women) with prison, regardless of any ability to pay a fine.

In August 1830 though Sir Richard was content to test the theory of whether the Hungerford Market gang would make good on their boast to pay the fines incurred by anyone that took out a policeman. He handed down a hefty fine, £5 (or £250 today) which Moody could not find quickly. In consequence as he was in default he was taken away to serve two months in prison. It didn’t answer the wider question of who the gang had ‘bought’ but at least it sent a message that Peel’s New Police could not be interfered with with impunity.

[from The Morning Post, Friday, August 13, 1830]

A native of Merthyr is berated at Bow Street

iu

Merthyr Tydfil in the mid 1800s

I have been writing about the London Police courts for nearly a year, looking at a different case every day. Additionally I have also spent several weeks in the London Metropolitan Archive near Farringdon which holds the official records of these summary courts. Sadly very little archival material survives; at Bow Street, for example, there are only records from the 1890s onwards – most of the earlier material being lost or destroyed).

The best kept records are the the two sets of registers for Thames Police Court, which run from 1881 and cover the late summer and autumn of 1888 when ‘Jack the Riper’ terrorised the East End. The registers contain useful information for the historian: names of defendants, their ages, gender, the offence with which they were charged, the police officer that brought the to court, and the complainant (if that wasn’t the policeman). We also have an outcome; the adjudication of the sitting magistrate.

I spoke at the Ripperologist’s 21st birthday conference in Algdate last year, where I outlined the functions of the police courts and the role they performed; hopefully later this year I will be ready to provide a more detailed analysis based on the research I have been doing.

At this stage in my research I have almost completed a detailed analysis of the registers at Thames for 1881 and can begin to share some of my findings. It will probably come as no surprise to historians of crime and professionals working in policing, social work or probation, to read that many of those brought into Thames were charged with an alcohol related offence. This might be drunk and disorderly, drunk and using obscene language, drunk and assaulting a policeman, or many other combinations – all involving some form of drunkenness with disorderly behaviour.

These were also the cases that mostly came up first in the registers, so I am imagining that the cells were cleared of those held overnight before the ‘day charges’ or the ‘remands’ (usually more serious offences) were brought in.

The registers provide us with plenty of information. For example, in the 1881 register for the 16 March there are 9 people charge with some variety of disorderly behaviour (one as ‘incapable’, three with violence) 8 of whom are women and one man, William Ethridge. The justice, Mr Saunders, either fined them or sent them to prison for a short period of hard labour. Those fined either paid or risked being incarcerated like the others.

However, despite this information we don’t know the circumstances or detail of their crimes, for that we can only hope to find them in the newspapers, which reported selective cases more descriptively. So today’s case is one of those common drink related ones; a man brought before the courts for being drunk and disorderly.

Timothy McCarthy was a migrant worker. He had travelled from his native Merthyr Tydvil [sic] in Wales in search of work. He told the Bow Street magistrate that there was no work at home and no poor relief either; ‘it was no use stopping there’.

However, it wasn’t that much better in London but he had met with some of his fellow countrymen, who, like him, were out of work, and they had some ‘jollification’. The result was that he was arrested for being drunk on the streets. Fortunately he was bailed rather than being locked up and set at liberty. Unfortunately he chose to carry on drinking as soon as he was liberated.

The magistrate was unimpressed to have him back in court. He turned to the Welshman and said: ‘I know something of Merthyr, and if you were charged with drunkenness there you would be fined 10s costs plus the penalty imposed on you for the offence’.

McCarthy admitted that this was true.

The magistarte admonished him for replaying the ‘indulgence’ of the court in releasing him by offending straight away adding, ‘indeed, you are hardly sober now’. He continued:

 ‘To me it is a matter of wonderment always that you men who say you cannot get work can invariably find the means of getting drunk’. A presumably shamefaced McCarthy meekly responded that ‘it is friends as treat us’, before he was instructed to pay a 3s fine or go to prison for 3 days.

[from The Morning Post, Tuesday, March 12, 1878]