A cunning thief who finally runs out of luck

Doctor examines the patient's state of health during home visits - 1896

Joe Jackson was a thief with a clever modus operandi. Operating in the late 1880s he perfected a ruse whereby he approached the houses of ‘well-known physicians’, knocked on the door, and claimed that his mother (or elderly aunt) was ill. In the days before GP waiting rooms he would be shown into the library or study.

He would then ask for a pen and paper, so that he could write known his relative’s symptoms for the doctor, and while this was fetched by the servants, he’d quickly steal anything of value he could and leave.

On the 22 November 1888 Jackson’s mini spree came to an end when he was brought up before Mr Shiel at Southwark Police court. There he was formally charged with stealing a silver salver from the home of Dr Taylor in Thomas’ Street, the Borough.

He’d taken the salver while the butler was out of the room but the servant had chased after him and nabbed him. Thereafter he was handed over the police, in the person of PC Greenwood.  Jackson commented to the officer that ‘it was rather hard that he should be given into custody, as the article he stole was not silver, ‘it was “only plated”.

He told Mr Shiel that his mother really was ill, he himself was ‘hard up’ and so he only stole to ‘get a little money’. Sergeant Hardy informed the magistrate that Jackson was wanted for at least 20 similar cases and that 16 pawn tickets, all traceable to items stolen in similar robberies, were found when they searched him.

The magistrate fully committed him to trial.

[from The Standard, Friday, November 23, 1888]

Doctors were very much in the news in 1888. North of the river from the Borough, in Whitechapel, a series of brutal murders had shaken Victorian Britain. The killer was never caught but in our recent book myself and Andy Wise believe we might have a new suspect to discuss. If you are looking for a good new read or  present for a family member that enjoys True Crime and Victorian history can I nudge you towards Jack and the Thames Torso Murders? Published by Amberley Books it is available on Amazon now, ideal for Christmas! 

A paedophile walks free, despite the evidence against him

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On 27 October 1863 a ‘well-dressed’ man, who gave his name as Thomas Martin, appeared in the dock at Southwark Police court accused of molesting a child. Well that is how I think we would see the case today but in 1863 the law was a little different.

For a start the age of consent was 13. It was not raised to 16 until 1885 following a long campaign and a sensational intervention by the editor of the Pall Mall Gazette, William Stead. Stead had run a weeklong exposé of the trafficking of underage girls for prostitution under the headline ‘The Maiden Tribute of Modern Babylon’. While Stead ended up going to prison for his part in the ‘kidnapping’ of Eliza Armstrong the scandal of the case helped force Parliament to pass legislation which has existed to this day.

The complaint against Thomas Martin was brought by a spirited young girl called Martha Wells. Martha was aged between 12 and 13 and described by the newspaper writer as ‘rather precocious looking’. This was probably an attempt to undermine her testimony; the hack was perhaps suggesting that she was bringing a spurious complaint against a social superior. The girl could certainly expect to be closely examined by the magistrate, Mr Combe, no concessions being made to her age or her gender.

Martha said that she had left her father’s house in Southwark to visit her uncle in Greenwich. A man had ‘annoyed’ her on the train to Greenwich but she did her best to ignore him. In court she wasn’t sure that it was Martin but he looked familiar.

After she arrived at her uncle’s shop (he was a fruiterer) she noticed a man outside peering in through the window. He was looking directly at her and indicted she should come out to talk to him. That man was Martin and she ignored his request.

At eight in the evening she left her uncle’s and made her way back to the station for the train home. As she walked Martin accosted her. She told him to go away but he followed her. She boarded the train and he entered the same carriage and sat next to her. Martha again tried ignoring him and steadfastly looked out of the window as the train made its way to London.

Now Martin had her close to him he made his assault. He put his hand on her leg and then slipped it up her skirts. The magistrate wanted to know if anyone else was in the carriage who might be able to confirm this.

‘Yes, sir’, Martha told him. ‘I think a lady and a gentleman. I was, however, ashamed to speak to them’.

She had at least one ally in court who was able to testify to Martin’s behavior. PC Alfred White (427P) was on duty on Southwark High Street that evening. When Martha left the train Martin again pursued her and the policeman saw him tap the girl on the back and then lift her skirts.

That was enough evidence for Mr Combe. He committed Martin for trial but agreed to bail, taking two sureties of £100 and one from Martin (for £200). The battle would now be to actually bring the man before a jury when the girl’s father might have preferred to take a cash settlement and avoid his daughter’s reputation being dragged through the courts.

Martin was brought to the Surrey sessions of the peace in mid November, surrendering to his bail. The case against him was outlined and his brief did his best to undermine Martha and the policeman’s evidence. The jury was told that Martin could not have been the man that hassled and insulted Martha on the train to Greenwich or outside her uncle’s shop as he was at work in the City until 5 o’clock. Moreover if he had assaulted her on the rain as she’d suggested why hadn’t she alerted the other passengers or the guard?

PC White reiterated the evidence he’d given at the Police Court hearing adding that when he had arrested Martin the man had attempted to bribe him. ‘For God’s sake let us compromise this affair’, he said; ‘if £50 will do it?’. The officer had been in plain clothes having been on duty at the Crystal palace during the day. Whether this hurt his credibility or not is unclear but the jury close not to believe him.

In the end the jurors acquitted Thomas Martin of the charge of indecent assault and he walked free from court with the applause of his friends being hurriedly suppressed by the court’s officers. It was a victory for middle-class respectability over a ‘precocious’ working-class girl who travelled third class on the railway. The jurors saw themselves in Martin’s situation rather than seeing their daughter in Martha’s.

[from The Morning Post, Wednesday, October 28, 1863; The Standard, Tuesday, November 17, 1863]

A runaway slave at Bow Street has a fascinating story to tell the magistrate

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In yesterday’s post I discussed the casual racism and anti-Semitism that was endemic in late nineteenth-century London and led to the passing of the Aliens Act in 1905 (the first legislation aimed at controlling immigration). Throughout the 1800s Britain was a beacon of hope for refugees from persecution on political, religious or other grounds. It was also in Britain that the campaign to abolish slavery had found its political leadership.

Of course England and Britain more broadly had arguably profited most from the use of slave labour and the ‘triangular trade’. The passing of the Slave Trade Act in 1807 abolished slavery in all British Colonies, but compensated slave owners heavily. It was an important first step.

In the 1860s slavery still existed in the USA and in 1861 war broke out in America, in part as a result of efforts to abolish the practice. A year after England had abolished the trade in African slaves the US passed a law to prevent importation of slaves to America, but this did not free those slaves already working on (mostly) southern plantations. In fact Northern owners simply started to sell their slaves to southerners. Gradually a situation emerged (made law after 1820) that divided America into southern slave owning and northern ‘free’ states.

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In 1860 Abraham Lincoln was elected President of the USA, the 16th to hold that office. A Republican and a dedicated abolitionist, Lincoln did not win a single southern state. A month later South Carolina seceded (left) from the Union and cited Northern ‘hostility to slavery’ as a reason for doing so. Between January and February 1861 Mississippi, Florida, Alabama, Georgia, Louisiana and Texas  followed and the Confederacy was born.

War followed in April that year with the attack on Fort Sumpter and it raged until the south was finally surrendered at Appomattox courthouse on 9 April 1865. Slavery was finally abolished in all US states by the 13thAmendment to the  constitution, passed on 18 December 1865. By that time its key champion, Lincoln, was dead, shot in Washington by John Wilkes Booth.

Britain watched the Civil war with interest. America was slowly becoming a rival economic power and British merchants continued to trade with the south after secession. But anti-slavery was also now written into the English legislature and voices here supported the North in its ambition to end the inhuman practice once and for all.

In July 1863 as war continued across the Atlantic a former slave appeared in court at Bow Street. George Washington was a young black man that had arrived in London with his father, fleeing from the war and slavery. He was in court because he’d been arrested whilst begging in Whitehall. He was stood in the street with a placard around his neck that explained his fate and aimed to draw sympathy from passersby.

He was having some success it seems because PC William Waddrupp noticed that a crowd had gathered around him and were placing money in his cap. Begging was illegal and so he took him into custody.

At Bow Street it emerged that Washington and his father had found lodgings with a costermonger in Mint Street, in the Borough. The coster had arranged for the placard to be printed and ‘managed’ the ‘appeal’ for funds. Whether he did so out of the goodness of his heart or because he saw an opportunity to take a slice of the income is a question we’ll have to keep hanging in the air. He wasn’t prosecuted for anything at Bow Street anyway.

Mr Hall was keen to hear how George and his father had come to be in London. Mr Washington senior said that he had been a drummer in the Confederate army and that his son had been servant to ‘one of the rebel captains’. In the aftermath of the battle of Bull Run (probably the first one in July 1861) they escaped and ran to the north making their way to New York.

They hoped to find a sympathetic ear and help but got neither until they met a man named General Morgan. He told them to go to England ‘where they had a great affection for slaves, and would no doubt provide for them comfortably’. Working their passage they found a ship and landed in London at some point in 1863. There they met the costermonger and he suggested the strategy of asking for alms in public. They had no idea it was against the law to beg in England and said they would be happy to return to New York if a ship could be found to take them under the same terms as they had arrived.

Mr Hall was minded to believe them. They were in breach of the law but he accepted that they had been badly advised (here and by General Morgan) so he discharged them. I wonder if by highlighting their plight they might have got someone to help them – either to return to the US or to stay and prosper in London.

There was sympathy and no obvious racism on show at Bow Street (in stark contrast to Mr Williams’ comments on Jews appearing at Worship Street nearly 30 years later. This is possibly explained by the relative lack of black faces in 1860s London. Black people were a curiosity and not a threat in the way waves of Eastern European immigrants were seen in the 1880s. Moreover the politics of anti-slavery were still very strong in London at mid century and while some merchants and sections of government might have had economic or geopolitical reasons for supporting the Confederacy there was widespread sympathy for the plight of the slaves.

For these reasons , and perhaps simply for the fact that George Washington and his father had entertained Mr Hall and his court with a fascinating story of courage and ‘derring-do’, they won their freedom all over again.

[from The Morning Post, Tuesday, July 31, 1863]

Procrastination, distraction and unexpected discoveries: the Coppetts Wood murder of 1882 (part one)

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There are moments in historical research when you discover something that distracts you from your core purpose and sends you in a different direction. One of the most famous examples of this (in academic history terms anyway) was Vic Gatrell’s Hanging Tree which examines in detail the history of public execution in England in the period 1770 to 1868. Gatrell wasn’t intending on writing a history of hanging, instead he made ‘a chance discovery’ whilst ‘working on something quite different’.

This led him to start browsing through a set of judges’ reports in the National Archives at Kew and he came across the story of the rape of Elizabeth Cureton and the petitions for mercy made on behalf of the man found guilty of assaulting her. The Hanging Tree is one of the seminal works in the history of crime and the idea that it was the product of a momentary desire to of break the ‘tedium’ of archival research (something I’m sure very many historians can empathise with) is enlightening.

I am (slowly) finishing a book on eighteenth-century homicides. It is a project which started life about 9 or 10 years ago when I began researching a murder in Northamptonshire. It had odd elements to it, but mostly it was interesting because it seemed to offer an opportunity to explore the system by which convicted criminals might avoid the death penalty, even for a crime as heinous as murder. Working with my PhD supervisor, a very eminent historian of crime, we published an article on the case in a historical journal. I then went on and started work on other articles and books.

There was something about that case that always niggled with me and made me want to see if other examples could be found where convicted murderers had tried to avoid the noose in the 1700s. Cutting a long story short I found four cases (including the Northamptonshire one) that seemed worth exploring. One involved two brothers murdering a watchman, the next concerned the public stoning to death of an informer in Spitalfields, and the last was a prostitute who was accused of killing a minor celebrity musician. I pitched the project to a publisher and they were kind enough to give me a contract.

In the meantime one of my former undergraduates approached me and told me he had ‘solved’ the Ripper murders. He believed he had uncovered the identity of the Whitechapel murderer of 1888 and had linked him to a second series of contemporary murders. I was skeptical, but intrigued. Over the course of the next few years I worked with Andy on this project alongside my other one until, in the summer of last year, we had the bulk of a manuscript to pitch to publishers. It wasn’t easy to sell because the market for Ripper books is pretty well saturated, but in the end we found a home for it with Amberley. A note here: if you are an author who wants to get something published, keep trying – if it’s good enough someone will take a chance on it, eventually.

While all this was going on I decided to start this blog. Daily writings on the police courts of the Victorian metropolis, a way of keeping me focused on writing and research every day. It was also born of my desire to return to a study of the magistracy, the subject of my original PhD research back in the early 2000s. My intention (after the homicide and Ripper books) was and is to write academic and more popular histories of the magistracy in England.

So, where is this rambling blog going right now? Well, this morning I’ve found a report of a 24-year-old man named Frederick Cheekly who was set in the dock at Southwark Police court in late April 1884 charged with stealing a watch. Cheekly lived at 113 the Borough in south London with his common-law partner Maud Norton. She was older, 29 years of age, and appeared in the dock with him as an accessory to the theft. A second charge was preferred against the pair, also for stealing, and this time a third person – Minnie Lewis – was also charged. The solicitor for the Treasury brought the charges and the trio were committed for trial.

What happened to them after that is unclear but I doubt it would necessarily have resulted in convictions. I suspect the house in Borough was a brothel and the two women acted as prostitutes and/or madams. The men robbed were risking their property simply by entering a house of ill repute and I doubt the Surrey jurors would have had much sympathy for them.

But what struck me was a comment made by the Police News’ reporter who stated that Checkley was ‘said to be a companion of the Finchley-wood murderer’. Given that I grew up in Finchley and I hadn’t heard of this case I thought I’d do some quick digging this morning.   I soon found a report form March 1882 which describes the discovery a the body ‘of a young man’ in woods near Finchley. A little bit more research established that these were Coppetts Wood, near Colney Hatch. At first the police thought they’d found the body a dead gispy since the woods were a popular transit point for travelling people. But the hair on the corpse was fair, not dark like most gipsies. The papers now speculated that the victim might have been part of a criminal gang operating in the area, committing burglaries and street robberies.

Suffice to say, for now at least, that I think I have worked out what happened and how this case unfolds but it is going to take me some time to unpack it all. So, if you would like to know what happens in the Finchley Wood murder mystery stayed ‘tuned’ for further articles over the week as I get to the bottom of who was left buried in Coppetts Wood and who put him there.

In between, that is, finishing off the book I’m supposed to be writing!

[The Illustrated Police News, Saturday, April 26, 1884; Daily News , Tuesday, March 7, 1882]

A deserter has a change of heart after Isandlwana

(c) National Army Museum; Supplied by The Public Catalogue Foundation

A police constable was on his beat one evening in the Borough, Southwark, when a man came up to him and asked to be arrested. It was a fairly unusual request and so the officer asked him what he’d done.

‘Take me to the station-house’, the man replied, ‘and I’ll tell you’.

The pair set off and when they reached the police station the man gave his name as George Gwilliam, aged 33. He said that wanted to surrender his liberty as a deserter from the Queen’s colours. Desertion was an offence that was prosecuted by the military courts and rewards were payable to those that brought in or gave evidence against absconders.

First of all, however, the desk sergeant had to establish whether Gwilliam was telling the truth. Fortunately all deserters reported to the police were listed in the Police Gazette (formally known as the Hue and Cry) which had been published in London since 1772. It had been the brainchild of Sir John Fielding, one of the Fielding brothers who had founded the Bow Street ‘runners’ in the mid 1750s.

While the Gazette fell under the editorial control of the Bow Street office it was a ‘national’ paper, printed by and for the Home Office. By 1879 (when Gwilliam handed himself in at Southwark) it was still being edited by John Alexander, Bow Street’s chief clerk. It finally passed over to the Met in 1883.

The sergeant at Southwark nick was able to trace George Gwilliam finding that he was listed as having deserted from the 6th Dragoons on 16 June 1874, meaning he’d been AWOL for four years and eight months. So why hand himself in now? The story Gwilliam gave was that he’d heard the regiment were being posted to Africa and he wanted to join them.

The Southwark magistrate, Mr Partridge, was willing to indulge him and so told the officer of the court to notify the dragoons and have George transferred to the house of the correction in the meantime until he was required by his regiment.

The 6th(Iniskilling) Dragoons were one of the most celebrated cavalry units in the British Army, famously involved in the charge of Union Brigade at Waterloo and that of the Heavy Brigade at Balaclava (rather than the ill-fated charge of the Light Brigade in the same battle). The regiment saw action in South Africa in the ‘Boer War’ but Gwilliam would have probably have been too old by then, since he was 33 in 1879. In 1879 it was deployed to fight in what became known as the Anglo-Zulu war and, if he went, that is where our reformed deserter would have seen service.

Gwilliam may have been reacting to the heavy defeat of British forces at Isandlwana (on 22 January 1879) and the heroic defensive action at Rorke’s Drift (22-23/1/1879) where no fewer than 11 Victoria Crosses were won. The British eventually won the war and the conflict has spawned two movies, the best of which is Zulu (1964) featuring a young Michael Caine.

[from The Standard, Thursday, February 13, 1879]

A detective shows ‘promptitude, ability, and discretion’ and wins high praise indeed

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The detective department were a belated addition to the Metropolitan Police. When Sir Robert Peel created his ‘bluebottles’ in 1829 he modeled them on the existing watch and parish constabulary, rather than the Bow Street ‘runners’ and other entrepreneurial thief-takers.  Peel was careful not to offend public sentiment, which eschewed the idea of a ‘system of espionage’. That sounded far too much like the Napoleonic state police that had been run by Fouché from Paris.

So detectives (if not detection) was not part of the remit of the first police force to pound the streets of London. However, it soon became apparent that just such a body was necessary, even if it still remained undesirable. A series of high profile incidents (notably the murder of Lord Russell in his home and the initial failure to catch a notorious criminal named Daniel Good) led to the creation of the Detective Department in 1842.

It took a while for the detectives to establish themselves but by the 1880s they had survived one or two scandals and changed their departmental name (to CID) and were beginning to win some grudging acceptance in the hearts and minds of the British public. This was helped by the rise of the fictional detective in the works of Victorian novelists like Dickens and Wilkie Collins and then the first appearance in print (in 1887) of Sherlock Holmes, the professor of detection.

There are moments where we can see the impact of detectives in cases before the Police courts. Mostly any police involved are ordinary beat bobbies, and they do a fair amount of detection themselves. But in November 1882 at the Mansion House Police court detectives appear in two cases, while another is commended publically for his efforts by the sitting alderman magistrate.

Detective Constable Wright of the City Police had been keeping an eye on Mary Ann Jordan and Mary Ann Bassett after he’d received a tip off that they were up to no good. On the 20 November he was called to a warehouse in Queen Victoria Street which had been broken into. Seven rolls of cloth with a value of over £100 had been taken and DC Wright suspect that Bassett and Jordan were responsible.

Acting on this hunch and the intelligence he had acquired he and DS Downs went south of the river to The Borough and visited the address he had for the pair. It was about 8 in the evening and both women – who shared a room – were in bed. He asked Jordan if she knew anything of the robbery but she refused even to get up, let alone answer him; Bassett admitted to pawning to material but claimed not to know it had been stolen. He arrested both of them and, on the following day, Alderman Owden committed them both to trial.

Next up William Gough was charged, on evidence provided by another City detective, of obtaining 40 yards of silk using a forged document. Despite his denials the magistrate fully committed him to Old Bailey, another success for the detectives.

At the end of the report from Mansion House it was noted that Sir T Owden, the alderman sitting in for the Lord Mayor, had taken the time to heap praise on Detective Wright for his efforts in catching some thieves who had raided the premises of Mappin & Webb, the jewelers, on Oxford Street.

The owners of the firm wanted to present the detective with ‘some testimonial in recognition of the promptitude, ability, and discretion [he had shown] in arresting the right men at the right time’.

The magistrate was delighted to hear it and added his own vote of thanks to DC Wright. So, 40 years after the first detectives started work here was proof of their acceptance and appreciation from both business and the magistracy. Detectives continue to enjoy a mixed reputation amongst the public and police – sometimes seen as outside of the police, often as mavericks when represented in fiction and TV, but also as a necessary part of fighting organized crime.

[from The Morning Post, Tuesday, 21 November, 1882]

The perils of coming up to ‘the smoke’; highway robbery in the Borough

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John Roots had come to London in the late summer of 1848 to get treatment at Guy’s Hospital. The elderly labourer traveled first to Rochester (four miles form his home), where he caught a stage to London, arriving on the 22 August with 29sto his name. Arriving at the Borough, near London Bridge, he first took himself off to an inn to eat and drink. He stayed till the pub’s clock struck 6 and went off in search of lodgings, as the inn had no rooms available. At that point he had about half his money left having spent the rest on his fare, food and drink.

He was walking in the general direction of the St George’s Circus and as he sat down to rest for a while on Blackman Street, near the gates of the Mint, he met three men who hailed him.

What are you doing here? let us see what you have got about you’, one of them asked him.

Roots ignored them, and then told them to go away. They didn’t, instead they seized him and his inquisitor punched him hard in the face. The others grabbed him as he tried to recover, and rifled his pockets before running off. It was a classic south London highway robbery, and seemingly one carried out by a notorious gang of known criminals.

The Kent labourer’s cries had alerted the local police and very soon Police sergeant John Menhinick (M20) was on the scene and listened to Roots’ description of what had happened. He ran off in pursuit of the gang and managed to catch one of them and Roots later identified the man as the one that had hit him.

Appearing in court at Southwark a week later (Roots had been too sick from his injury and general ill health to attend before) the man gave his name as Edward Sweeny. Sweeny said he had nothing to do with the robbery; he was entirely innocent and had seen Roots lying on the pavement and had tried to help him, but he’d collapsed. When the policeman came up he said he’d told him to run away lest he was blamed for it, which he did.

Sergeant Menhinick dismissed this as rubbish but nothing had been found on Sweeny that could link him to the crime. All the prosecution had was Roots’ identification and given his age, his unfamiliarity with the capital, and his own admission that he’d spent two and half hours in a pub on Borough High Street (and so might have been a little the worse for ale) it wasn’t an easy case to prove.

The magistrate, Mr Cottingham, said that he’d rarely heard of ‘a more desperate robbery’ and declared he intended to commit Sweeny for trial at the Bailey. However, given the poor state of the victim’s health he said he would hold off doing so for a week so he could recover sufficiently to make his depositions.

Eventually the case did come to the Old Bailey where Sweeny was now refereed to by another name: Edward Shanox. Given the poor evidence against him it is not surprising that he was acquitted. Shanox/Sweeny was 21 years old and makes no further appearances in the records that I can see. Perhaps he was a good Samaritan after all, and not a notorious gang member.

As for Roots, he was still left penniless by the robbery and presumably unable to pay his hospital fees, so his future, as a elderly man and a stranger to ‘the smoke’, must have looked bleak.

[from The Standard, Monday, August 28, 1848]

 

 

Plenty of sympathy but no justice for a Hackney cab driver

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This case shows how statute law sometimes clashed with popular perceptions of how justice should work, even when the supposed ‘keeper’ of the law (the magistrate) felt that the law was wrong, or at least not fit for purpose.

William Loakes was a cab driver from Rotherhithe and this was his third appearance before the Southwark Police Court magistrate. Cabbies didn’t have a very good reputation in the 1800s, being described as surly and disrespectful, especially towards wealthier clients. They were not infrequently accused of overcharging or refusing to take fares where they requested to go.

But Loakes had done nothing wrong and had been coming to court to seek redress. He claimed he was owed 10s by a man named Thomas who had given his address asBor the Nag’s Head pub in Borough. He had come twice before to get a summons against the man but so far he had failed to trace him. No one  at the pub had any knowledge of him so William was back in court to ask for a warrant to arrest him.

The Warrant officer of the court told the magistrate that two summons had been served at the address but since ‘Mr Thomas’ (if that was his name) was not there they’d had to return with them. Mr Bridge was apologetic but explained that he didn’t have the power to issue a general warrant to arrest the fare dodger since that wasn’t a crime under the terms of the Hackney Carriage Act. The act, passed in 1853, set out plenty of regulations for the operators of cabs but failed (in Mr Bridge’s view) to protect the drivers from non-payment by their customers.

‘Cabmen were liable to severe penalties if they broke their contracts, and the parties that hired them should be treated the same way’, said Mr Bridge. He added – using the fact that his words would be reported – that he thought it high time Parliament looked at the law and changed it according to give magistrates more powers to deal with this.

There was little he could do for Mr Loakes however, who had already lost three days work sitting around in Police Courts trying to get his 10s. He suggested the matter be communicated to the Commissioner of Police in the hopes he might use his influence to get the law changed. Finally, he granted the cabbie a third summons for free and Mr Loakes left court after thanking the magistrates ‘for his kindness’ (but probably grumbling under his breath about the unfairness of it all – he was a London cabbie after all).

[from The Standard, Friday, February 02, 1883]

‘When I come out I’ll have fifteen years for her.’

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Today living with someone you are not married to is almost as normal as being wed. There is no stigma attached to unmarried cohabitation and similarly little, if any, to having children outside of wedlock. This state of affairs (sometimes bemoaned by traditionalists) is often compared unfavourably to past societies, where marriage is presumed to have been universally accepted as the only way for couples to show commitment to each other.

Yet even a casual study of Victorian society reveals that amongst the working classes (by far the largest social group) the bonds of marriage were much more fluid. Men and women cohabited without being married, and had children, and no one (of their class at least) seemed to bat an eyelid about it. Perhaps we are not as ‘modern’ as we think we are.

Marriage can be expensive and divorce, in the 1800s, for most men and and women, was pretty much impossible. So I suspect many came together as lovers and stayed together as partnership being married in all but name.

Edward Chatfield and Elizabeth Wardle were an example of this type of ‘common law’ marriage. They had lived together at their home in Kent Street in the Borough, south London, for some time but their relationship was far from rosy.

Edward allegedly forced Elizabeth to prostitute herself when they had no money and beat her when she came home without any money. Their quarrels finally made it to the inside of the Southwark Police Court and the pages of the newspapers when, in 1863, Elizabeth took her ‘husband’ to law for an assault upon her.

She told the magistrate, Mr Coombe, that Chatfield had come home late and had attacked her. As she stood in court everyone could see the results of the assault:- she had ‘a cut on her under lip, and several marks on the arms’. Her man had beaten her and knocked her to the floor. He started kicking her and if a policeman hadn’t heard her cries and come to her rescue she feared for her life.

It was not the first time the couple had come before the magistrates. Three months earlier the very same justice had sent him down for two months for beating Elizabeth. He’d only been out for six weeks and he’d done it again.

No lesson learned there then.

Edward objected and offered this defence:

‘It is false’, he declared. ‘I should not have touched you this time, had you come home properly. Your worship, she did not come home till six this morning, and then she was half drunk and would keep the door open’.

When Elizabeth refused to shut the door and keep quiet he had pushed her out of the bed. This was the point at which Elizabeth accused her partner of pimping her out as a prostitute, something Chatfield vehemently denied. ‘Now, that’s a lie’ he said, ‘you know I go out a thieving to support you’. This admission caused a sensation in the courtroom provably at the self-declaration of offending and the very public disintegration of their relationship.

Mr Coombe was told that Elizabeth’s body was ‘covered in cuts and bruises’ and he sent Edward to prison for six months this time, at hard labour. The prisoner’s reaction was contemptuous, both of the court and his common law wife.

‘When I come out I’ll have fifteen years for her, as I want to get out of this ________ country’.

He may have been hoping to be transported to Australia but I doubt he got his wish. The numbers of convicts deported had slowed from the 1850s and the last ship sailed from England in 1867. Still possible but I can’t see him in the records of those sent so I suspect he minded his behaviour. Mr Coombe added a codicil to his six months, a requirement that he found bail against his good behaviour towards Elizabeth for a further six months on release.

[from The Morning Post, Thursday, January 15, 1863]

You can use this site to search for specific crimes or use the Themes link in the menu on the left to look for areas or topics that interest you. If you are interested in a particular court (such as Bow Street or Marylebone) you can also limit your search to one court in particular. Please feel free to comment on anything you read and if something in particular interests you then please get in touch. You can email me at drew.gray@northampton.ac.uk