‘You are a disgrace to human nature’: the meanness of the Poor Law exposed

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The Police Courts were places where people could bring their grievances on all manner of things in the 1800s. It is easy to get the impression that their main purpose was to deal with crime – petty and serious. However, this view is often reinforced by the newspapers’ selection of cases to bring to the attention of their readers: they often chose the outrageous, amusing, shocking, and heart ringing stories as well as regular examples of cases which reminded the public that working class men were brutal, that theft was common, and fraud to be avoided by the wary.

When Ellen Potts came to the Guildhall Police court to ask for Alderman Moon’s help it gave the court reporter of The Morning Post the perfect opportunity to expose an old chestnut: the misuse of authority by a lowly public servant. It helped that Ellen was pretty (‘a good-looking girl’ of ‘about 18 years of age’) and the public servant had a reputation locally for meanness.  Immediately then there was a melodramatic backstory that readers could relate to with a villain and a young heroine that needed saving.

Miss Potts told the court that she had been thrown out of her home after a row with her mother (‘over a shawl’). With nowhere to go that night Ellen knocked on the door of the West London Union workhouse at St Bride’s on Shoe Lane. The relieving officer, Mr Miller, refused her entry however, on the grounds that her mother took in lodgers at her house on Cloth Lane and so was perfectly capable of supporting her daughter.

Alderman Moon was angry with the officer whose only (and sustained) defense was to say he was only following orders. He quickly established that Mrs Potts was receiving poor relief herself and that Miller knew this.

‘Then how can she support her daughter?’ the magistrate demanded to know.

‘You have discretionary power, and I think it is a most cruel act of a man to refuse shelter to a girl under such circumstances, and your conduct is most disgraceful’.

When Miller tried once more to say it that Ellen was her mothers responsibility Alderman Moon cut him off.

‘Don’t talk to me about the mother. You may be a good badger for the guardians, but at the same time a disgrace to human nature. No wonder, when females  are thus cruelly refused an asylum, so many should become prostitutes for the sake of obtaining that relief for which the ratepayers are rated so heavily. There are constant complaints of your hard-hearted conduct, which is a disgrace to your nature’.

This brought cries of ‘hear, hear’ from all sections of the courtroom and Miller must have looked up miserably from the dock, as he continued to say that he was only doing what he’d been told to do by his employers.

The chief clerk whispered to the alderman that Miller was liable to a hefty fine for his actions. The magistrate told Miller that he was going to levy that penalty, £5, for disobeying the general rule that ‘relief shall be given to all person in urgent distress’. After one more forlorn attempt to shift responsibility from himself to the guardians the relieving officer finally work up to what was required of him.

‘Is it your wish she be taken into the house?’ he asked the alderman. ‘If so I will do it willingly’.

‘It is so’, Alderman Moon told him. ‘There’s an end of the case’.

So Miller avoided a fine and Ellen was admitted to the workhouse so she didn’t have to walk the streets and risk falling into an even worse fate.  Arguably the real villains here were the Poor Law Guardians that set the rules that Miller was expected to enforce, and Mrs Potts who was prepared to let her teenage daughter take her chances on the streets. At least this mini melodrama ended happily.

[from The Morning Post, Friday, August 10, 1849]

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

“Well, you needn’t make all this fuss. I only did it to frighten the children”: child abuse in mid Victorian London

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The police had their work cut out for them in ensuring Edward Smith reached the Marylebone Police court safely. A large crowd had gathered outside the police station that was holding the ‘ruffianly looking fellow’ – a 26 year-old sawyer who lived in Paul Street, Lisson Grove. Had the crowd been able to get to him the press reported, ‘he would no doubt have been subjected to much violence’.

Smith did make it to court that day and Mr Broughton’s courtroom was crowded as the public crammed in to see that justice was done to Smith. The exact details of his offence were alluded to rather than described in detail by the Morning Post and that was because they involved the attempted rape of a young girl.

That child was Sarah Harriett Cooper and she was also in court that morning. Today Sarah would have been spared another direct confrontation with her abuser but in the mid Victorian period there were no such considerations for the welfare of the vulnerable. Sarah, aged 11 or 12, was stood in the witness box and asked a series of probing questions about her experience.

She told the magistrate that while her mother was a work she and some other girls were playing in a piece of open ground on the Harrow Road which was owned by a nurseryman. The little girls were trespassing but doing nothing more than running about and having fun. Suddenly Smith appeared and seized hold of Sarah and the three other children ran away in fear. Sarah said she pleaded with him to ‘let me go home to my mother’ but the sawyer put his hand over her mouth, told her not to make a noise, and threatened to cut her throat.

What happened next was not recorded by the press except to state that it amounted, if proven, to the committal of a ‘capital offence’. By 1852 adult rape was no longer capital but Sarah was under the age of consent (which was 13 until 1885) so perhaps that was a hanging offence. Sarah testified that she had ‘cried all the while he was ill-using me’ until ‘he at last lifted me up and brushed down my clothes, which were dirty’ [and] I ran away’. A crowd had gathered near the gates of the gardens and she told them what had happened.

Smith had hurt the child in other ways; he’d used a knife to cut a wound in her hand and she held it up to show the magistrate the puncture mark on her left palm. If this wasn’t evidence enough of Smith’s cruelty there other witnesses appeared to add their weight to the charge.

George Ashley had been walking past the gates to the nursery with friend when a small boy ran out shouting that his sister had been taken away by a man there. Ashley entered the gardens and saw Smith lifting the child up. Sarah was screaming at the top of her voice and the man was telling her to be silent. He sent his companion to fetch a policeman.

PC Lane (372A) arrived soon afterwards, finding a large crowd gathered around Sarah, who hand was bleeding badly. He soon discovered Edward Smith hiding in an outside privy at one end of the nursery grounds. The door was locked but PC Lane burst it open and arrested the sawyer. Questioned about his actions Smith simply declared:

‘Well, you needn’t make all this fuss. I only did it to frighten the children, knowing they had no business in the garden’.

The accused was taken back to the police station house and a search was made of the water closet. PC Cookman (55D) found a large bladed knife buried in the loose soil by the WC, which was open (suggesting it had been recently used and abandoned in a hurry). The girls’ mother described Sarah’s injuries and trauma when she’d got home, and a certificate from the surgeon that had treated her was read out in court detailing her injuries.

Finally the magistrate turned his attention to the man in the dock. Smith denied using violence against Sarah, or at least denied acting in an unlawful way. She and her friends were trespassing and he insisted he was only intending to ‘pull up her clothes for the purpose of giving her a smack, when she began to cry, and ran off’. He said the knife wasn’t his and he had no idea why it was found by the closet. He’d been drinking he said, and because he rarely touched alcohol, that had affected his head. Mr Broughton remanded him for a week and he was taken away to Clerkenwell Prison in a police van, followed all the way by a baying crowd of angry locals.

Just under a month later Smith was formally tried at the Middlesex Sessions of the Peace for an aggravated assault with the intent to rape. Smith was convicted by the jury and sentenced to 18 months imprisonment.

[from The Morning Post, Tuesday, March 30, 1852; The Morning Post, Wednesday, April 14, 1852]

‘De ombrella, he fall down’; the British press amuse themselves at the Europeans’ expense.

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Amid all the squabbling and back-biting that surrounds the UK’s prolonged exit from the European Union one of the more depressing traits that has arisen is a revival of anti-European sentiment. Even the newly appointed Foreign Secretary was quick off the mark in warning the Brussels negotiators that any failure to achieve a good deal for both sides, leading to the “very real risk of a Brexit no deal by accident’, would be blamed on the EU by the British people.

Anti-European rhetoric has been stoked up over the past few years building on decades of often fake news stories peddled by some sections of the English press. All those tales of straight bananas, renaming ‘Bombay mix’ or there being more words on cabbage regulation than there are in the Gettysburg Address were false. If that is added to the drip feed of tabloid articles blaming ‘foreigners’ for an upsurge in crime, pressure on the NHS or even the number of traffic jams on English motorways and you have the underlying xenophobia that fueled the rise of UKIP and, ultimately, won the Brexit referendum.

Not that any of this is new of course; being unpleasant to, or making jokes at the expense of our European neighbours is as a British as fish and chips (which was probably invented by Jewish migrants but let’s not go there). In 1828 Londoners at least remembered a time when they or their parents had fought a war in Europe; a decade after Waterloo the scars of the Napoleonic Wars were still quite angry even if the chief protagonist had been dead for 7 years.

In July of 1828 two men appeared before the magistrate at Marlborough Street Police court, one French and the other German, following an altercation in the street. Louis Courquin was a ‘French cook and confectioner’ and he accused Philipe Bohn, a German tailor, with assaulting him. The magistrate, Sir George Frannat, asked the pair to explain what had gone on between them. The Morning Post’s reporter chose to render the exchange in dialect, for maximum comic effect, something we still see in the occasional tabloid headline.

Bohn told the court that he was standing in the street talking to an English friend when Courquin approached. His friend supposedly said to him, ‘here is one oder fereigner, you can talk together’. Bohn then addressed the chef in German which he didn’t understand, speaking only French (and Bohn said he spoke no French).

Bohn’s English pal presumably thought that all ‘foreigners’ would be able to understand each other, because the English couldn’t understand any of them.

As the pair tried to communicate it seems that the Frenchman’s umbrella fell over and either hit the German or Bohn was blamed for tipping it over (Bohn said that ‘de ombrella, he fall down’ when Courquin ‘he schict his ombrella on de iron shpike, to take a pinch of shnoff’). The argument – if it even was an argument – carried over as both men proceeded to a nearby washhouse.

A parish constable saw the two of them quarrelling, decided the German was to blame, and took him in charge. In court Louis denied bringing  a charge against the other man but did say that he’d now lost his ‘parapluie’ (his umbrella) and his hat. In the confusion both men had left their possessions at the public washhouse and Sir George thought the best solution to it all was for the pair to go back together to retrieve them.

They discovered that they had lived close to each other for several years, with the Frenchman resident in London for nine years and Bohn for five. They were part of a European community in the British capital, and of a wider immigrant populace that included migrants from all over the known world. Nineteenth-century London was, like the modern city, a multi-cultural society.

I like to think they wandered off, arm in arm, muttering about the peculiarities of ‘ze Engleesh’.

[from The Morning Post, Saturday, July 26, 1828]

A bad week in London, full of personal tragedy

V0019421 A destitute girl throws herself from a bridge, her life ruin

George Cruikshank, ‘A destitute girl throws herself from a bridge, her life ruined by alcoholism’, (1848)

Sometimes the London press seems to have chosen to focus on a particular theme. In the third week of July 1864 it appears to have been the personal tragedy of suicide. I can think of no reason why acts of self-destruction should have been higher in that period than in any other year. In America civil war was tearing that nation apart but the only noteworthy event in London was the murder of Thomas Briggs by Franz Muller, the first ever murder on the railways. Perhaps the relative lack of news stories in July prompted the newspapers to concentrate on the personal drama of those that decided they could no longer cope with life.

Attempted suicide was a crime in the 1800s and so those caught in the process were liable to be prosecuted. On the 19 July The Morning Post reported that three individuals had appeared before the city’s magistracy charged with this offence.

The first of these was an elderly man called James Gander. PC 244 of B Division told Mr Selfe at Westminster Police court that he’d been alerted to the fact that a person was seen drowning in the River Thames. It was about 8 o’clock on Sunday night (17 July) and when the policeman reached the water he and a bargeman managed to affect a rescue, pulling the 60 year-old out of the river.

Searching him he found three large stones in his pocket wrapped in a handkerchief. When he recovered his senses Gander told the constable that ‘trouble of mind and family misfortunes had driven him to it’.  Gander was also quite drunk, or at least appeared to have been drinking heavily and in court his son told the magistrate that his father had taken to drinking recently.

He went on to say that his father had been a fairly successful master carman but some time ago that business had floundered and gone under. His wife had been away from the family for the last few months looking after her daughter-in-law and it seems Gander wasn’t coping well. The magistrate wasn’t particularly sympathetic; he remanded the old man for a week so he could reappraise the case but said he was minded to send him for trial for the crime.

At Southwark on the other side of the river Mr Woolrych had two unconnected attempted suicides to consider. PC 133M told the magistrate that at half-past five on the previous Friday afternoon (15 July) he had found Henry John Arnold lying on the pavement in Swan Street. A gentleman was standing over him and called the officer’s attention to him, saying he feared the young man was dead.

Arnold was alive, but ‘totally insensible’. The gentleman handed the policeman a bottle marked ‘laudanum’ which he had prized from the stricken man’s hand. Arnold was taken to Guy’s Hospital and his stomach was pumped to try and save him. He was lucky but it took a few days for him to recover sufficiently to be brought before the magistrate at Southwark to answer for his actions.

Mr Woolrych asked him if he been trying to kill himself and why. Arnold admitted he had and explained it was because he ‘truly unhappy’ having fallen out with his wife. This prompted a ‘decent-looking female’ to step forward and state that she was Mrs Arnold. She said they had argued about a young girl that worked with him, but she’d forgiven him. Arnold had taken it badly and had wandered off for a while and she’d not known where he was. She worried because he was often in ‘bad health’, and perhaps she meant in poor mental health.

This time the magistrate decided he would keep Arnold in gaol until ‘he was in a better frame of mind’, perhaps conscious that the young man had told the  arresting officer that ‘next time he would do it better’.

The final case was that of Mary Ann Willis. She was also brought to Mr Woolwrych at Southwark and charged with attempting to end her own life. A young lad named Samuel Carden testified that on Saturday afternoon (16 July) at 3 o’clock he’d been on Waterloo Bridge stairs where he worked assisting the watermen. Mary Ann came down the stairs and remarked to him that ‘it would be a nice place to commit suicide’.

Carden told her to be careful that she didn’t accidently fall in and said he would ensure no one tried to kill themselves while he was there. Regardless of this, she pushed past him and ‘slipped off the logs and went under’. Samuel acted quickly, grabbed her and pulled her back on to dry land, before she could be caught under the logs of the platform and be drowned.

In court Mary Ann denied all of this and said she’d fallen in by accident. The magistrate asked Samuel if he thought the woman had been entirely sober when he’d seen her. The lad said he was pretty sure she had been drinking as she looked unsteady on her feet when she came down to the jetty. Faced with this evidence and Mary Ann’s denial the magistrate had a decision to make. Whom did he believe?

Finally he decided that he would believe the ‘respectable young woman’ but probably because he felt she had acted on the spur of the moment and had planned to kill herself. Unlike Carden or Gander this seemed to be a life that could be turned around. But young Samuel had acted bravely and deserved a reward for saving her, so Mr Woolrych ordered that he been given five shillings from the poor box. Mary Ann he discharged.

Today none of these individuals would be prosecuted for what they had done or had attempted to do and hopefully all three would have been given some support from the mental health services. This doesn’t prevent thousands of people from trying and succeeding in ending their own lives of course and stories like these remind us that everyday people struggle with their personal demons and pressures, and some of them lose those battles.

[from The Morning Post, Tuesday, July 19, 1864]

‘You rascal you’: An early tale from Bow Street reveals contemporary prejudices

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This case is amongst the earliest I’ve looked at for the Metropolitan Police Courts predating in fact, both the beginning of Victoria’s reign and the creation of the Metropolitan Police. The style of the early reports from the Police Courts seem to suggest that the writers are working out how to present their stories in an entertaining way, while by 50 or 60 years later a more formulaic style of reporting has developed.

In the 1820s and 30s the audience for newspapers was smaller and less demographically brand;  papers were generally read by the well-do-do and wealthy. By the second half of Victoria’s reign the improvements that technology brought both to the production of newspapers and their distribution, along with a rise in literacy, meant that the reports of the summary courts (along will all other news) reached a much larger and better read audience.

Many of those reading the reports from the Police Courts in the 1880s (where I have spent much of this year so far) were members of the working class and they were often reading about people just like them. In the 1820s I suspect most of those reading about the goings on at Bow Street and elsewhere were reading about people  not like them, unless they were the prosecutors in these courts.

Regardless, editors still operated on the principle of mixing information with entertainment and a heavy dose of social comment. Class is clearly important, as is the maintenance of social position and ‘respect’. This case provides plenty of opportunity to smirk at the pretensions of youth, at respectability, and class, all served with a dash of prejudice on top.

Mr Merix was a ‘dashingly dressed young man’ who appeared at Bow Street to make a complaint about another young man that he said had assaulted him. For no obvious practical reason the The Morning Post’s reporter tells us that Merix was ‘a Jew’ and describes him as self-obsessed and vain: ‘no man or boy ever appeared on better terms with himself’, notes the writer. In addition Merix spoke with a mild stutter which the report delights in rendering in print.

It is pretty clear then from the start of this short court report that the editor is using this story as entertainment and an opportunity to poke fun at Merix and those like him.

The person accused of assaulting Merix was a Mr Zinc, a ‘Musician in the Orchestra at Covent Garden Theatre’. He appeared ‘voluntarily’ we are told, and this helps establish where the paper’s sympathy lies.

Merix complained that on the previous Thursday evening he had met Zinc in the street and the other man had knocked him down without the slightest provocation.

Mr Halls, again for no obvious reason, asked him who he was.

‘Why, Sir – a – I, Sir – a – the fact is, Sir – I am – a – no – thing, Sir’

he answered, provoking a laugh in the court.

‘How do you live’, asked the magistrate, ‘are you of any business or profession?’

‘I am – under the protection of – a – my father – who is a diamond merchant’, stammered the complainant.

At this point we might well remember that Mr Merix was the supposed victim in this case, yet it seems to be him who is on trial.

Next the magistrate turned his attention to the defendant who seemed perfectly relaxed and happy to be in court. He admitted knocking Merix down but said he had plenty of good reasons to do so.

He told Mr Halls that he had lodged with the prosecutor and after a quarrel, Merix had challenged him to a duel which he declined ‘with silent contempt’. Thereafter Merix never missed an opportunity, he said, to insult him. This happened regularly at Zinc’s place of work, the theatre, as he described in detail:

He (Merix) ‘sometimes placed himself in a  conspicuous situation in the Theatre and curled his nose, and directed the most offensive gestures towards him, and when he met him in the street, it was his constant practice to spit on the ground in a marked manner, and turn up his nose as he passed’.

Given Merix’s ethnic background I think it is pretty clear that Zinc is making as much of the young man’s physical appearance as he could to denigrate him. Nearly every depiction of Jews in nineteenth-century popular culture make a point of emphasising the size and curl of their noses (see Fagin in Oliver Twist as just one example).

On the night in question Zinc says he reacted to Merix’s now routine insults by threatening to pull his nose, prompting the other man to call him a ‘rascal’. This was enough for Mr Halls; the magistrate thought it outrageous that a respectable citizen like Zinc should be called a ‘rascal’ and said Merix deserved the treatment he had received.

‘Any man who called another rascal, deserved to have his nose pulled’ he declared, ‘or to be knocked down, and still more did he merit punishment who could be guilty of such a filthy, low, blackguard trick as that which was ascribed to the Complainant’.

He would not remand or even bail Zinc for the assault but if Merix wished he could indict him at the next Session of the Peace, not that he thought he ‘was likely to get any good by it’. He dismissed the case and left Merix looking ‘very crestfallen’ as a result’.

[from The Morning Post, Saturday, April 15, 1826]

Huge numbers of special constables are sworn in London. Why?

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We all love a mystery don’t we? When you dip into a newspaper that was published 170 years ago sometimes things just don’t make sense on their own. Take this report from April 1848 at Marlborough Street Police court for example. The report is headed ‘Special Constables’ and starts by declaring that:

‘The swearing in of special constables continued throughout the day, without intermission, in consequence of the large numbers of persons of all ranks that presented themselves at this court’.

Historically special constables were sworn in to police particular events (notably public executions) or at a time of crisis (during riots for example). The practice both preceded the introduction of the New Police in 1829 and continued afterwards. You can still serve as a ‘special’ today so long as you can give four hours of voluntary service a week.

In April 1848 the press reported that hundreds of men had come forward in London to swell the ranks of the professionals: ‘There could not have been fewer than twelve or fourteen special constables sworn in yesterday’ the The Morning Post noted. Men were joining en masse from businesses that employed large numbers – not unlike the ‘Pals’ battalions later raised during the First World War.

‘Messers. Cottam and Hallam’s men, to the number one hundred, were sworn in. About 120 men in the employ of Messers. Dowbiggin, the upholsterers, were also sworn in; and Mr. Lumley, the lessee of the Opera, furnished 63 able men’.

But it was not just the working men of London that were signing up in their droves to represent their communities and employers, ‘men of rank’ were also volunteering for action.

‘Lord Colchester, Lord Wharncliffe, Lord Cawdor, Lord Sondes, the Marquis of Blandford, B. Neville Esquire, Sir Moses Montefiore, Mr. Fox Maule, the Hon. F. Baring, Colonle Sir E. Cust, Colonel C. Hutchinson, Hon. C. Hardinge, Colonel Wood, Henry Agar, A.E. Lockhart MP, etc..’ all signed up.

A tradesmen approached the sitting magistrate at Marlborough Street with a query. He said he had men who were keen to serve but were concerned that they would not, as he believed was the principle of specials, be used to support policing in their own community, but instead be deployed elsewhere. Mr Bingham thought to reassure him:

‘It was perfectly well understood’ he said, ‘that special constables were for the protection of their own immediate neighbourhood only, and so long as they assisted to preserve the peace of their own locality, they need be under no apprehension of being called elsewhere’.

This calmed the tradesman who said he now suspected many more of his employees would be presenting themselves at the court in due course. The paper reported that Mr Bingham would now sit in tandem with his colleague Mr Hardwick tomorrow, so they could get through the numbers of men wishing to be sworn.

Nowhere, however, does it explain why so many specials were being called for or were volunteering. For this you need to know your history, particularly the political history of Britain in the mid 1800s. 1848 has been described as the ‘year of revolutions’ because of events in Paris, Sicily, Germany, the Habsburg Empire and elsewhere. Everywhere the desire for liberal democracy clashed with autocracy and in Britain, a nation more ‘democratic’ than some, we had our own taste of a popular movement for change: Chartism.

This is not the place for a careful analysis of Chartism but it was both a democratic movement and a revolutionary one. The Chartists wanted to extend the vote to all men, by secret ballot, and the abolition of the property qualification that effectively excluded all but the wealthy from standing for parliament. Indeed of the six demands they made only the call for annual elections has come into being. At the time however, these were radical demands and while Lord Russell (the sitting Prime Minister) was sympathetic to an increase in the franchise Britain wasn’t ready for one-man-one-vote (and wouldn’t be until 1918).

Chartists were split internally, between those that believed change had to come from persuasion and rhetoric and those that agitated for direct action to force change. The most extreme example of this would be the Newport Rising in November 1839 the failure of which which led to arrests and the transportation of the ringleaders to Australia. By 1848 Chartism was on its last legs but one of its leaders, Feargus O’Connor, decided that the best way to achieve their aims was by a combination of public demonstrations and a petition to Parliament.
He called a mass meeting of Chartists at Kennington Common, south of the river Thames, to rally his supporters and then a march to Parliament to present the petition. It echoed the events of 1780 when Lord George Gordon summoned his rag bag of anti-Catholic protestors to the Common to rail against attempts to repeal anti-Catholic legislation. In the end his supporters ran riot for a week burning down several prominent buildings (including Newgate Gaol) and attacking the Bank of England.

This may have been in the minds of the government and public in 1848 (as would Newport of course) and a call went out for volunteer constables. Lord Russell pleaded with O’Connor not to address the rally and agitate the crowd, nor to march on Parliament. He also arranged for 8,000 troops to be on hand and 150,000 special constables.

chartistsThe meeting went ahead on the 10 April 1848 without trouble, the Chartists claimed 300,000 turned up by other estimates put the numbers at a more conservation 20,000 – 50,000. O’Connor also claimed he had gathered over 5,000,000 signatures but in reality the petition contained just 1,975, 496 many of which were fake.

 

The whole thing did little for the cause and Chartism died a death after that.

So now we know why there were so many men signing up to be specials in April 1848, but without this little bit of historical knowledge (which I remember studying as a schoolboy) nothing in this newspaper report would make sense.

[from The Morning Post, Saturday, April 08, 1848]

Health and safety ‘gone mad’, as a child narrowly avoids being roasted alive

The Great Western Railway

On the 19 March 1873 The Morning Post reported its daily selection of reports from the Metropolitan Police Courts. At Marylebone there was a complicated ‘health and safety’ case (or at least that is how we would probably describe it today). Nowadays these sorts of cases don’t tend to come up before a magistrate, being dealt with elsewhere, but in the 1800s these were part and parcel of a local justice’s workload.

A summons had been taken out by James Henderson, a factory inspector, who was bringing a charge against the Great Western (Railway) company. He was represented in  court  by a barrister, Mr Henderson, while the company was defended by another lawyer, Mr Thesiger. The case was heard by Mr D’Eyncourt.

The fact were briefly restated: a young lad working for the company during the day had:

‘imprudently crept into the fire-box of a [steam] engine, and whilst asleep the fire was lifted by the fireman in ignorance of the poor boy being there’.

Crucially the report doesn’t say  what happened to the ‘poor boy’ but I am assuming he was fine, or this would have been a very different sort of prosecution. As it was Mr Henderson was attempting prosecute under the terms of the Factory Acts while the company’s counsel argued that these acts didn’t cover the railway company’s premises.

As I suggested, the case was complex and turned on a number of key points of law involving the definition of the engine sheds in the context of the Factory legislation. In the end Mr D’Eyncourt ruled that since the work carried out there involved repairs and maintenance to the rolling stock and locomotives owned by the railway, rather than any manufacturing per se, the acts did not apply and so he dismissed the summons.

I think we would all be more interested in the welfare of the boy and how he came to be sleeping in a fire box but the editor clearly thought his readers would prefer to hear the minutiae of a legal debate. What was more interesting (to me at least) was its remark that exactly a year earlier the Marylebone court had been much busier than it was this week in 1873. In March 1872 there had been 49 charges heard on the corresponding day whereas a year later there were just 23.

The paper listed them:

‘Drunk and incapable, 8; drunk and disorderly, 13; drunk and assault, 1; throwing stones, 1’.

All the offenders that were known to the court were fined 26d or sent to prison for seven days. These types of cases were much more typical of the London Police Courts in the 1800s; and thankfully much more typical than cases involving the accidental roasting of children in locomotive sheds.

[from The Morning Post, Wednesday, March 19, 1873]

‘Limping Bill’ and the case of the stolen armadillo

 

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London Zoo in 1837

Two cases for you these morning, both from the Marylebone Police Court in the year of Queen Victoria’s accession to the throne. The first features a fair of ‘fashionable’ young men and a street trader, the second involved a theft from London Zoo.

Captain Ferguson (alias Collegian Fred) and Lieutenant Grant (also known as the Lady Killer) were summoned before the magistrate by a stall holder who operated at the corner of Paradise Street in Lambeth. The complaint was brought by Billy Bucket (commonly known locally as ‘Limping Bill’) and he alleged that while he was selling his wares the two came along and whilst play fighting with each other they managed to knock over his stall of seafood.

The Morning Post‘s court reporter rendered Billy’s testimony in dialect, for maximum comic effect and I think this demonstrates one of the functions of these early reports from the metropolis’ police courts, that of entertaining a middle-class or elite audience. To give you a sense of this I shall simply set it down as it was printed in 1837.

‘Please your vorships (said the little bandy-legged complainant) I vos standing at my stall last night in the hact of sarving a customer with a harpeth of pickled heels of the best quality, when up comes these regular swells well primed with lush [he meant the worse the wear for alcohol] , and one of un shoves the other right bang against my stall, not was not strong enough by no means to stand such a heavy “swell” and over it goes’.

The result was that the street was scattered with ‘shrimps, periwinkles, welks, pickled eels, and other delicacies’, Billy’s stock and any chance he might have had to make his living that day was either ruined or stolen as the jars of eels broke and the local children rushed in and picked up and ate whatever they could lay their hands on. Billy estimated the cost of the collision as ‘at least 10s‘ and so he came to court to get compensation.

The two ‘swells’ then negotiated a price with the costermonger, settled their account and left.

Next up was a ‘well-dressed middle-aged’ hairdresser and perfumer named Joel Lazarus. Lazarus gave his address as 20 Upper Cleveland Street, Fitzroy Square. If the first case at Marylebone was amusing because of the characters involved (a cockney costermonger and ‘a couple of swells’) then this one entertained because it was quite bizarre.

While Lazarus stood in the dock the witness stand was occupied by an armadillo, ‘a remarkably fine specimen of its kind’, which the hairdresser was accused of stealing from the zoo.

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The magistrates (there were two in attendance, Mr Shutt and Lord Montford) were told that at seven o’clock the previous evening the gate guard at Regent’s Park Zoo had noticed Lazarus leaving the zoo and was suspicious. John Henry White stated that he observed him ‘making his egress from the grounds carrying before him his hat, around which was tied a handkerchief’.

White stopped him and asked him what he had under the ‘kerchief. Lazarus told him to mind his own business and seemed ‘in a  great hurry to reach his gig, which was standing in the road’. Before he could get to the waiting transport however, White called for help and the man was swiftly captured.

He was searched and an armadillo was found concealed in his hat. This was identified then and in court by Mr Alexander Mullins the ‘superintendent of the gardens’. He told the bench that the animal was valued at £5 and that it had recently been imported from South America.

When questioned Lazarus admitted taking the animal but would say no more. A surgeon appeared to testify that he was aware that the hairdresser ‘occasionally suffered from an aberration of mind’. There was no proof of madness at the time of the theft, the magistrates declared, and  regardless it was the ‘duty of his friends to look after him’ if he was indeed suffering in the way described.

However, they felt a fine was a sufficient punishment in this case and they imposed one of £5 for the theft plus another £5 to reflect the value of the armadillo. The monies were paid and Lazarus was free to go. The armadillo was taken back to the zoo, and was probably the subject of greater close attention than it had been previously. After all ‘bad’ publicity is better than no publicity and I imagine Londoners would have been quite keen to see the armadillo that a hairdresser had tried to steal.

[from The Morning Post, Monday, July 10, 1837]

Yet more casual violence towards women in the East End

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Limehouse, Tower Hamlets. This photo is early 1900s but the scene would have been quite similar in the 1880s

There were two reported cases from the Thames Police court in the Morning Post on the 15 June 1881. The first was an awful case of domestic abuse that I will consider shortly, while the second was a case of fraud.

A compositor (someone that worked in the printing trade) named Jacob Marks was brought up before Mr Saunders charged with obtaining money by false pretences. It was alleged that Marks pretended to be a broker ’employed by the Inland Revenue to levy distress when the Queen’s taxes were not paid’.

He went around Tower Hamlets suggesting that he had some influence in registering people as tax collectors, a steady form of employment. He demanded a registration fee of 1 to 2 guineas but it was a scam. Several people parted with money but no one was appointed as a result and Marks promptly disappeared. Mr Saunders committed him for trial for fraud.

It was the other case that was more shocking however. Thomas Leigh , a 23 year-old ship’s cooper who lived in Limehouse, was accused of assaulting his wife, Ellen. Mrs Leigh was so badly hurt that she was unable to attend the court in person and there were fears over her life as a result of the injuries she had sustained.

I suspect no one is any doubt of how difficult the Victorian period was for women; domestic violence was a daily experience for many women and men resorted to violence in a routine manner. Moreover much of this was simply accepted by society as appropriate or even necessary. The law did little to protect females from abuse by fathers, husbands, lovers or employers and the prevailing rhetoric of patriarchy validated a man’s ‘correction’ of his ‘disobedient’ or ‘bad’ wife.

Proportionally very few women ever tried to prosecute their husbands in court and when they did it was probably after suffering silently or meekly for years. When they did go before a magistrate it was often because they feared that the ‘next time’ they were were assaulted might be the ‘last time’; and given the strong correlation between domestic violence and domestic murder this is not at all surprising.

Thomas Leigh was probably a man that sent considerable time away from home. As a  ship’s cooper he may have worked on land at the docks but it is more likely he traveled often, leaving his wife to cope at home and coming back periodically to (hopefully) share his wages.

The couple lived at Fuller’s Rents, Cotton Street in the East End and on Monday 13 June they rowed. We don’;t know what about but Leigh claimed that he was provoked into hitting his spouse.

‘She tore my shirt, and gave me a great deal of provocation before I struck her’, he told Mr Saunders in his defence.

The row and subsequent fight was loud enough to alert the neighbours (and presumably violent enough for them to not simply ignore it as many routinely did). One aspect of the later ‘Ripper’ murders (in 1888) was the fact that no one seemed to hear anything, or if they did, they chose not to intervene. One witness supposedly heard Mary Kelly shout ‘murder’ but that was so common in the dark courts of Whitechapel that she thought nothing of it.

When PC Robert Wells (346D) arrived he found Ellen in a terrible state. Her husband had beaten her and kicked her ‘five times about the body’. She was, the court heard, ‘enciente at the time’. In other words she was pregnant. Was it his child, did he even know? Was that what they had rowed about? At this stage we can’t know.

It was clear that this was serious but Thomas Leigh seemed ‘indifferent’ in court. PC Wells told Mr Saunders that two women had stayed up with Ellen all night but she was in a ‘dangerous’ condition. Leigh asked for bail which was refused; Saunders remanded him for a week and told him that he was facing a charge of assault that might easily become worse if his victim failed to recover.

[from The Standard, Wednesday, June 15, 1881]