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 specialist thief on the Great Northern Railway

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King’s Cross station, c.1862

When, in October 1868, a customer reported losing several of his possessions on a train the Great Northern Railway company called in their own in-house detective team. In 1868 this meant that William Thorogood was immediately set on the trail of the thief.

It didn’t take the private detective long to spot a young man strolling quickly across the platform at King’s Cross. The man was sporting a ‘portmanteau, rug, umbrella and [walking] stick’, all matching the description given by Mr William Kingsworth, the traveler that had complained he had fallen victim to a robbery.

The detective quickly moved to fall in step behind the thief and watched as he hailed a cab. As the young man entered the hansom in St Pancras Road, Thorogood clambered in beside him. The man was ‘fashionably dressed’, not obviously then, a thief,  and he gave  name as Robert Johnson. When challenged he emphatically denied stealing anything and asked how Thorogood could possibly prove that he had.

The detective took his prisoner back to the station superintendent’s office where Mr Kingsworth positively identified his property. In court at Clerkenwell the passenger said he’d never seen Johnson before that day and had missed his items after he’d left then briefly on his seat. Johnson denied everything, refused to give his address, and cried throughout the entire hearing. Mr Clarke remanded him for a week and he was led away to the cells.

Johnson was tried at the Bailey on the 26 October 1868. He pleaded guilty to stealing Mr Kingsworth’s property and asked for several other offences to be dealt with at the same time. He seemed to specialise in stealing portmanteaus (briefcases) from railway trains. The judge sent him to prison for 18 months.

[from The Illustrated Police News etc, Saturday, October 17, 1868]

A Scots Grey is charged…

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Lady Elizabeth Butler, Scotland Forever, (1881)

A porter at Shoreditch station was walking along the platform when he saw a man on the tracks. It was about 10.30 at night and the passenger was running down the slope at the end of the platform on to the rails. The porter called out a warning and when this was ignored he quickly ran to alert the signalman so he could stop the incoming train.

The man on the tracks was behaving reactively, jumping and running between the lines and he only stopped when he saw the train approaching. Fortunately for him the driver was able to halt the locomotive just in time just as the young man threw himself of it.

The porter helped the man up from the track and it soon became obvious that the man was drunk. He was arrested by a policeman and held overnight in the cells before being taken before Mr Hannay at Marlborough Street Police court the next day.

The man gave his name as John McIntyre and appeared dressed in his army uniform as a private in the Scots Grey, he was charged with being drunk and disorderly and with attempting to take his own life. McIntyre was too old to have been involved in the famous charge of the Scots Greys at Waterloo (so famously rendered in oils by Lady Elizabeth Butler just a few years after this incident) but many would associate him with the heroism of his regiment. He denied trying to kill himself but admitted being drunk and out of control, so much so that he couldn’t remember anything.

The magistrate  (perhaps mindful of McIntyre’s military background) was sympathetic and accepted that his actions had been merely stupid not suicidal. As a result he fined him 10s. The soldier didn’t have the money to pay his fine however, and so the gaoler led him away to start a default sentence of seven days in prison. Hopefully that was the end of his troubles and he could return to the Greys.

Two years after the private’s personal disgrace the Greys were renamed  as the 2nd Dragoons (Royal Scots Greys), making the nickname they had enjoyed for so long official. McIntyre may never have seen battle since the battalion enjoyed 50 years of peace between the Crimean War and the second Anglo-Boer War in 1899. If he had gone to the Cape then John may have seen service in the relief of Kimberly and the battle of Diamond Hill. By then he would have been an old trooper, and perhaps – in 1875 – he was simply sick and tired of the tales of heroism told by veterans of Waterloo and the Crimea, and bored at having nothing much to do. If you signed up for glory and all you got was barrack room banter, endless parades and drilling, and mucking out the horses perhaps we can understand  his drunken brush with death.

[from The Morning Post, Friday 22 October, 1875]

Two unsuspicious characters exploit passengers on the Dartford train

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I have discussed the perils of travelling on the Victorian railway network in previous posts on this blog. The railways not only made Britain smaller and allowed Victorians a new freedom to move around the country quickly and cheaply, it also broke down some of the well-established barriers between the classes. Not everyone was entirely comfortable with this, no least because it also opened up new opportunities for crime.

Alfred Thomas and Ann Mark were skilful thieves who exploited the new railways to earn an illegal living. Their patch was the South-Eastern Railway, which ran (until 1922) from London to Dover. They dressed ‘fashionably’; in other words they didn’t look like criminals or members of the lower working class but passed as respectable.

Ann dressed smartly and carried a muff to keep her hands warm. She also had a small lap dog and must have seemed to those that saw her a charming young woman with a distracting animal. Alfred was similarly presentable and when the pair traveled together he pretended to be her brother. What could be less threatening: two siblings traveling together on the railway?

However, all was not as it seems and these two were eventually exposed and brought to the Southwark Police Court to be prosecuted as thieves.

The first witness and victim was Mrs Susannah Pledge, a ‘lady residing at Bermondsey’. She testified that she was in a  second-class carriage on the train to Dartford and was sat next to Ann while Alfred sat opposite. Ann was playing with her ‘handsome little dog’ letting it crawl in and out of her muff. At Plumstead Alfred rose and leaned over to Ann to speak quietly to her, then at the next station he got up again and bid her farewell, saying: ‘Give my love to brother’.

As soon as the young man had gone Mrs Pledge realised that her dress had been cut and her purse removed from her pocket. Mr Walter Rutherford (described as ‘a gentleman’) was also in the carriage and saw what went on. He was suspicious of the pair and saw Alfred reach over towards Mrs Pledge and scoop up something from the floor of the train just as they pulled in to Woolwich station.

He called the guard and helped track Alfred down to a third-class carriage further along the train. Another woman in the the carriage had also been robbed in the same way. Alfred escaped however, dashing across the station towards the waiting room.

The railway company, mindful of its reputation and the effects of these sorts of thefts on its customers, had hired a detective to investigate the problem. Detective Dennis Scannel (who was officially employed by the Metropolitan Police in M Division) was seconded to the railway. This suggests that the police themselves were well aware that protecting customers on the railways was also part of their role. Today we have the British Transport Police but this force wasn’t created until after the second world war.

Scannel told the Southwark magistrate, Mr Coombe, that when he’d arrested and searched the pair he’d found significant amounts of coin on them. He’d recovered four to five pounds in silver and found the ladies’ empty purses under a grate in the waiting room where Alfred had been seen to go directly after the train arrived at Woolwich.

The prisoners were represented in court by a lawyer who said they would plead guilty to the crime in the hope that the magistrate would deal with them there and then and not send the case before a jury. This would minimise their sentences of course. The counsel for the prosecution explained that several other robberies of a similar nature had occurred recently and he and the police were convicted that these two were responsible.

Mr Coombe weighed up the evidence; picking pockets was notoriously difficult to prove and conspiracy even more so. If he sent the pair before a jury one or both of them might well be acquitted. At least by gaoling them today he would protect passengers on the railways for a limited period and by alerting the public (via the newspapers) to the risks they took while traveling he might also reduce the number similar thefts. So he did as the prisoners’ lawyer asked and in finding them guilty sent them to prison for six months at hard labour and ordered the two ladies to be reunited with their purses and missing money.

[from The Morning Chronicle, Wednesday, March 12, 1862]

Wars ‘on the buses’ in Chelsea

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We are used to the idea that business works best when there is competition. Throughout the 1980s we were consistently told that privatised industry was so much better than public ownership. As a result we saw the selling off of British Telecom, and gas and electricity supply. The infamous ‘Tell Sid’ ad seemed to run for ages, encouraging ordinary people to buy shares in British Gas.

Among the wave of privatisations was the deregulation of transport. The railways went as did the bus services, leading not to more efficiency and cheaper prices (as we had been promised) but to ever rising rail fares and the closure of vital (if not particularly  cost effective) rural bus routes.

Competition there was, but massive benefits for the consumer? Not so much.

In early Victorian London competition was also the watchword as the capital’s expansion into the suburbs drove a need for greater and more join dup transport links. Over the course of the century London developed horse drawn trams, omnibuses, and overground (and underground) railways. Soon the metropolis was better connected than anywhere else in Europe and, arguably, remains so today (even if we do moan about it reliability).

But here again competition brought as many problems as it brought benefits. We can see an example of this in a report from Queen Square Police Court published in the autumn of 1843.

The magistrate at Queens Square, Mr Bond, complained that his office had been beset with numerous requests for summons as omnibus proprietors prosecuted each other for damage to vehicles, or drivers and conductors brought charges against each other for assault.

Three rival firms were operating in Chelsea, as the starting point for journeys into central London. Messrs. Glover, Child and Ingram all ran ‘buses from the Three Compasses pub at 94-94 Fulham High Street (pictured below in the 1880s).

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The competition was fierce but rather than this leading to a better service it merely served as a ‘danger to the public and disturbance to the neighbourhood’ and Mr Bond was sick of it.

Several representatives of the bus companies were in his court in November to hear he warn them that unless they started to take notice he would bring the full force of the law to bear upon them. Mr Bond felt that ‘as trifling penalties appeared to have no effect upon he should for the future, when there was sufficient evidence to warrant a conviction, impose the highest penalty, that of 5L, for each offence’.

Hit them in the pocket was Mr Bond’s strategy, just as it is the preferred strategy of the independent bodies appointed to regulate privatised industries today. Just as today, I suspect our ancestors grumbled about the cost and reliability of their transport networks. They didn’t have anything to compare it with of course as all this was new to them.

At some point the government decided that transport was too important to leave in private hands, and required, at least, some level of nationalisation. Have we reached that point again, some people clearly believe privatisation has failed? In London, of course, our transport remains in the control of the capital’s government, and not entirely in private hands, which means its users are eagerly shielded from attempts to close down unprofitable routes or hike up prices.

And we rarely see realise ‘Blakeys’ and ‘Stan’ fighting ‘on the buses’.

[from The Morning Post, Monday, November 20, 1843]