Crime and Criminals of Victorian England

Dark and foggy Victorian streets, the murderous madman, the arsenic-laced evening meal - we all think we know the realities of Victorian crime. Adrian Gray's thrilling book recounts the classic murders, by knife and poison, but it also covers much more, taking the reader into less familiar parts of Victorian life, uncovering the wicked, the vengeful, the foolish and the hopeless amongst the criminal world of the nineteenth century. Here you will encounter the women who sold their children, corrupt bankers, smugglers, highwaymen, the first terrorists, bloodthirsty mutineers and petty thieves; you will meet the 'mesmerists' who fooled a credulous public, and even the Salvation Army band that went to gaol. Gray journeys through the cities, villages, lanes, mills and sailing ships of the period, ranging from Carlisle to Cornwall, showing how our laws today have been shaped by what the Victorians considered acceptable - or made illegal.

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Crime and Criminals of Victorian England

Dark and foggy Victorian streets, the murderous madman, the arsenic-laced evening meal - we all think we know the realities of Victorian crime. Adrian Gray's thrilling book recounts the classic murders, by knife and poison, but it also covers much more, taking the reader into less familiar parts of Victorian life, uncovering the wicked, the vengeful, the foolish and the hopeless amongst the criminal world of the nineteenth century. Here you will encounter the women who sold their children, corrupt bankers, smugglers, highwaymen, the first terrorists, bloodthirsty mutineers and petty thieves; you will meet the 'mesmerists' who fooled a credulous public, and even the Salvation Army band that went to gaol. Gray journeys through the cities, villages, lanes, mills and sailing ships of the period, ranging from Carlisle to Cornwall, showing how our laws today have been shaped by what the Victorians considered acceptable - or made illegal.

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Crime and Criminals of Victorian England

Crime and Criminals of Victorian England

by Adrian Gray
Crime and Criminals of Victorian England

Crime and Criminals of Victorian England

by Adrian Gray

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Overview

Dark and foggy Victorian streets, the murderous madman, the arsenic-laced evening meal - we all think we know the realities of Victorian crime. Adrian Gray's thrilling book recounts the classic murders, by knife and poison, but it also covers much more, taking the reader into less familiar parts of Victorian life, uncovering the wicked, the vengeful, the foolish and the hopeless amongst the criminal world of the nineteenth century. Here you will encounter the women who sold their children, corrupt bankers, smugglers, highwaymen, the first terrorists, bloodthirsty mutineers and petty thieves; you will meet the 'mesmerists' who fooled a credulous public, and even the Salvation Army band that went to gaol. Gray journeys through the cities, villages, lanes, mills and sailing ships of the period, ranging from Carlisle to Cornwall, showing how our laws today have been shaped by what the Victorians considered acceptable - or made illegal.


Product Details

ISBN-13: 9780752496764
Publisher: The History Press
Publication date: 01/11/2011
Sold by: Barnes & Noble
Format: eBook
Pages: 224
File size: 12 MB
Note: This product may take a few minutes to download.
Age Range: 12 Years

About the Author

Adrian Gray has worked in education for nearly three decades. He is the author of more than 20 books, including Crime & Criminals of Victorian Kent, Crime & Criminals of Victorian Lincolnshire, and Crime & Criminals of Victorian London.

Read an Excerpt

Crime and Criminals of Victorian England


By Adrian Gray

The History Press

Copyright © 2013 Adrian Gray
All rights reserved.
ISBN: 978-0-7524-9676-4



CHAPTER 1

The Criminal World of Victorian England


Changing Ideas Of Crime

In some ways crime has changed little, though attitudes to criminals have changed much. This book attempts to consider what both were like in Victorian times, drawing upon particular examples to illustrate general themes. It covers crimes that have been forgotten for 150 years but also some examples of very well-known major Victorian cases – though it is not necessary to repeat the best known in any detail. The Victorians were especially worried about two particular crimes of theft: burglary and variations of highway robbery. Burglary was a fear because it involved people breaking into houses, and was severely punished. The forms of robbery on the street and highway varied according to the times: the highwayman faded away as trains destroyed his stock in trade, but the dark streets of the Victorian city bred instead the footpad and the garrotter.

Much thought went into crimes of a sexual nature, yet the law was slow to protect women and children from abuse. 'Criminal conversation' meant an adulterous affair, whilst a man (or a woman) could still be sued for breach of promise. Meanwhile, there was a debate as to whether a married woman could, in law, be raped by her husband and there was no criminal law of incest.

Some Victorians were interested in phrenology, the belief that the shape of a person's head or features could indicate their criminal tendencies. As a result, court reports often described the accused's features in detail and the belief was satirised in a famous picture of Charlie Peace. James Clark, an old man arrested in Dover for assisting in the murder of a constable, was described as having 'a low forehead, sunken eyes, and a lower jaw unusually long, the loss of his upper teeth rendering it more particularly prominent'. Press accounts of trials often emphasised convicts' physical characteristics, ugliness and criminality being seen as part of a spectrum.

One of the key themes of the era is the way in which previously accepted behaviour became criminal. This also had an effect on crime statistics, as more crimes were added to the statute book. Areas affected included sexual behaviour, specifically issues surrounding prostitution, and public order offences. Some types of sport were banned because they were seen as cruel or disruptive, or both, although the general disapproval of betting contributed to this. Prize fighting and cockfighting are both examples of this; when thirty-four people were fined for attending a cockfight in 1865, The Times commented that by fining them, 'for doing what their fathers did with perfect impunity, [the magistrate] satisfied the feelings of the community no less than the requirement of the law'. Portmanteau legislation, such as the 1892 Burgh Police Act, introduced powers to prosecute on a range of offences, including water, sewage, housing and dairy products. Relatively innocent acts, such as that committed by Giuseppe Baccarini in playing an organ in Clerkenwell, came within regulation and he was fined 2s 6d for being a nuisance in 1861.

Gambling and betting were types of 'moral crime' that attracted ire as the century developed, although as early as 1843 'lotteries in public houses' were condemned by the Inspector of Prisons as 'unmitigated evil, combining the excitement for drink and idle company with the thirst for sudden and inordinate gain'. The 1853 betting legislation closed betting shops and forced bookmakers on to the streets where municipal bye-laws limited them even further; the Metropolitan Traffic Act made it illegal to be 'in a public thoroughfare for the purpose of betting'. From the 1890s, premises had to be licensed for gambling and there were prosecutions if not. When the landlord of the Northumberland Arms in Hackney was found to be collecting betting slips and money, he was fined £30 and the bookmaker he worked with £50.

Legislation of 1853 struck at the advertising of betting and made it illegal to bet 'in an office or place'. It was ruled that a stool or umbrella counted as a 'place', yet the police rarely prosecuted betting at Epsom or Goodwood. It was illegal for bookmakers to accept cash bets on the street, so it became common to use children as runners and further legislation was passed in the 1890s to outlaw this.

The criminalisation of betting affected only the lower class; in 1891 Mr Pickersgill told the House of Commons that 'the existence of gambling hells in the West End of London is notorious ... I want to know why the poorer classes are alone interfered with, while the so-called better classes are allowed to go scathless'. The law had produced some ridiculous inconsistencies: six barges on the Thames were sent to prison for playing a betting game with pennies; Christmas goose clubs were shut down as 'lotteries'; and East End and Liverpool working men's clubs were raided. In contrast, the Park Club was ruled to be a gentlemen's club and therefore exempt from prosecution, and despite a ruling that baccarat was illegal in 1889, clubs such as the Brabant Club openly featured it nightly! Pickersgill was especially incensed about Tattersall's, which he argued was just a front for huge amounts of gambling.

While betting was considered a 'moral' crime, poaching was seen as a crime of theft, but also in some ways as a 'moral' crime in that a traditional activity was increasingly regarded as crime. It was defined by a leading legal writer as one of a number of crimes 'which derive their moral significance exclusively from the fact that they are forbidden by the law'.

The criminalisation of previously acceptable behaviour caused a sense of confusion about the law. In Phineas Redux, Anthony Trollope mused about the arrest of a former MP, Browborough, for electoral corruption: 'The idea of putting old Browborough into prison for conduct which habit had made second nature to a large proportion of the House was distressing to members of Parliament generally.'

Another theme is the way in which the demands of a modern, industrialised society prompted the acceptance of greater regulation to benefit all. New rules covered social offences, such as the nuisances regulations, which were intended to control disease by declaring what could be burnt, cooked, processed and buried within urban areas. Later legislation added to this, for example by criminalising the disposal of some materials into rivers. There followed the Removal of Nuisances and Prevention of Epidemic Diseases Act 1846, the Smoke Nuisance Prevention Act of 1853 and the Rivers Pollution Act of 1876. Typically, magistrates would serve an abatement of nuisance order and impose fines with costs. The Smoke Nuisance Amendment Act also regulated river transport on the Thames and elsewhere, so six tugboat captains were all fined £5 each in 1861 as their tugs 'did not consume their own smoke'. The Alkali Act was one of a number of efforts to extend the law to industrial pollution.

'Sporting activities' were increasingly suppressed by legal means, usually because they disturbed the peace – or trade. This also included other forms of celebratory disorder, with behaviour around 5 November a priority – the rolling of tar barrels, setting off of fireworks and even firing of guns being still common in the 1840s. The Explosives Act 1875, section 80, prohibited 'throwing or setting off fireworks on any highway, street, thoroughfare or public place'.

Alcohol was increasingly regulated. Undoubtedly much crime was linked to alcohol, and the arrests made by some police forces involved a suspiciously high proportion of drunks. The Beer Act of 1830 had made beer available almost without limit or tax in order to wean people off gin, but by the 1860s attitudes had changed: new beer houses had to be licensed from 1869 and after 1872 the Licensing Act gave the justices control of the whole lot. It has been estimated that alcohol was a factor in 40 per cent of the 'lesser crimes' committed in 1876. The informal selling of alcohol was almost eradicated, though people in isolated places still tried to profit from it if they could: in April 1891 John Tyrell, a 'hut keeper' on the Manchester Ship Canal, was fined £50 for selling drink without a licence – presumably to the passing trade.

In health, legislation was intended to control threats to public health, and a series of Vaccination Acts made vaccination against smallpox compulsory for children under three months from 1853. Laws of 1867 and 1871 introduced fines of up to 25s or even prison for parents who refused to comply. It took at least four separate acts to clarify the position, but by linking the new requirements to the Poor Law it created a stigma for public health. Due to weaknesses in the 1861 Act, by 1863 only 14 per cent of Poor Law unions had acted and it was not until vaccination officers were brought in under the 1871 Act that prosecutions became common. Between 1870 and 1874 there were 5,490 prosecutions and 2,650 convictions, including two people convicted sixteen times and two nineteen times. One man had been summonsed forty-four times. By 1884–85, prosecutions were 2,806 a year. In 1876 the Poor Law guardians of Keighley were imprisoned in York Castle for contempt as they refused to implement the law. Leicester was notorious for its opposition: in 1884–85 there were 11,010 prosecutions and 922 convictions in the town, but of 6,300 births a year, only 80 were being vaccinated in 1898. This was despite men (usually) being sent to gaol, often for fourteen days, and others having their property seized to meet unpaid fines. Here was a whole new addition to the court statistics, to which can be added, from 1881, prosecution for non-attendance at school, which also affected parents.

Laws such as the Common Lodging Houses Act of 1851 (see Chapter 5) attempted to regulate areas deemed as health risks. Laws also regulated the sale of milk in order to reduce the risk of tuberculosis. The Contagious Diseases (Animals) Act of 1869 meant that a farmer's animals now came within the compass of the law if they succumbed to such problems as Foot and Mouth disease.

In religion, the law controlled how you could worship, most notably through the Church Discipline Act of 1840 and the Public Worship Regulation Act of 1874, intended to stamp out ritualistic worship in the Church of England. More than a dozen clergymen were prosecuted under the latter and several sent to prison, often for contempt: Father Enraght of Bordesley was arrested at his vicarage and put in Warwick gaol for forty-nine days; Arthur Tooth spent a few weeks in Horsemonger Lane. Though a minor addition to the judicial statistics, these offences occupied vast areas of newsprint.

The law also reached out into commercial areas with, for example, the Master and Servant Act. This governed relations between the two protagonists of its title, and indeed could work either way. As an example, a Lambeth boilermaker was summonsed under this act in 1867 for non-payment of wages; the 'Master' claimed his 'Servant' had done poor work, but the court took this as merely an excuse and he was ordered to pay £1 1s 9d.


How Much Crime Was There?

It is impossible to trace the extent of crime with any certainty throughout the Victorian era because other factors changed so much. In 1837 there was no national approach to policing, but by 1901 the police were everywhere, so even if the law had stayed the same, the chances of falling foul of the legal system were considerably increased. But the law did not stay the same; new offences were introduced with great regularity. One might argue that an offence that barely changed – such as wilful murder – might offer a secure guide, but the chances of detection for crimes such as poisoning were enhanced by scientific discovery and more efficient legal enforcement, compared to the days of the Norfolk poisoners when wholesale poisoning took place with impunity for many years. When the Parliamentary Committee on the Game Laws questioned Colonel Robertson about the apparent high level of poaching in Hertfordshire in 1874, they received an answer that might have appeared opaque:

Q: Is there a great deal of poaching in Hertfordshire?

A: There is a great deal of detection of poaching in Hertfordshire.

Robertson's point was that the seemingly high level of crime in the county was due to their success in catching the poachers.

Perception was as influential as reality. In March 1847 Mr Justice Coleridge told the grand jury gathered at Salisbury that 'the increase of crime in late years is fearful and appalling' – clearly hoping the jury would do its bit in convicting as many miscreants as possible. Yet the Parliamentary Blue Books covering 1841–50 showed that the population had increased by 12.5 per cent whilst crime had only increased by 11.3 per cent; convictions showed an actual decline in most respects. In 1863 Sir Richard Mayne, Commissioner of the Metropolitan Police, reported that 10,000 fewer people had been taken into custody in 1862 compared to 1857 – which did him little good at a time of 'moral panic' over street robbery.

Some Victorians were optimistic. The release of the annual crime figures by Manchester police in September 1875 were celebrated for their emphasis on a five-year decline: burglary and housebreaking were down 40 per cent and robberies from the person with violence down 74 per cent. Some offences showed small increases, such as embezzlement by servants, and offences against the person such as manslaughter showed little change, but overall crime was down 30 per cent. One opinion expressed was that the introduction of flogging for robbery with violence had led to a decrease.

Some very young people became habitual criminals and made frequent court appearances. There were a number of extreme cases, such as that of a girl from Truro named Bennett. Aged 19, she was sentenced at Bodmin to nine months in prison in 1867 for stealing 4s 6d from her own mother, but her list of previous offences was impressive: wilful damage (twenty-one days), stealing apples (fourteen days), stealing money (twenty-one days), disobedience in the workhouse (fourteen days), wilful damage (one month), lodging in an outhouse (twenty-one days), lodging in a wagon (twenty-one days), lodging in a stable (three months), prostitution (three months), lodging in a hayloft (twenty-one days), stealing jewellery (six months). All these offences were committed in a six-year period since she was 13, her life literally measured out in prison sentences.


Prison & Punishment

The reform of criminal law had begun before the Victorian era, with the number of capital offences being reduced to only eleven by 1841. The last death sentence for a crime of property – burglary – was abolished in 1837, although burglary with attempted murder or wounding remained capital until 1861. A few other capital offences remained on the statute book after the Criminal Law Consolidation Act of 1861, including arson in royal dockyards, high treason and piracy, but were not used.

Public executions were a celebrated form of entertainment at the start of the era, but their popularity dwindled. The execution of Samuel Seager at Maidstone, in March 1839, was made worse by the presence of the murdered woman's jeering husband in the front row and a large number of women, many of whom had brought their children to watch. Thackeray wrote an essay on Going to see a man hanged after the execution of Courvoisier in 1840 and argued for the abolition of capital punishment. The execution of the Mannings in 1849 was witnessed by about 30,000, following which Dickens wrote to The Times that 'the conduct of the people was so indescribably frightful that I felt for some time afterwards almost as if I were living in a city of devils'. He was appalled by the crowd:

I believe that a sight so inconceivably awful as the wickedness and levity of the immense crowd collected at the execution this morning could be imagined by no man, and could be presented in no heathen land under the sun ... When the sun rose brightly ... it gilded thousands upon thousands of upturned faces so inexpressibly odious in their brutal mirth or callousness that man had cause to feel ashamed of the shape he wore, and to shrink from himself as fashioned in the image of the Devil.

The public hanging at Bury St Edmunds in 1847 of Catherine Foster, a young woman of barely 18 who had poisoned her husband after only three weeks of marriage, was said to have been especially 'heart-rending' and led to questions in the House of Lords.

The case for hanging was not helped by bungled executions, such as that in 1856 of William Bousfield for killing his wife and three children in Soho, London. Bousfield displayed eccentric behaviour after his trial, refusing to speak for long periods or insisting that everything was a dream. He threw himself face first into the fire in his cell and was horribly burnt. After that he spoke not a word and his hideously marked face was covered with a linen cloth. He appeared to be dying, and a surgeon was brought in to check he was still alive. He was carried up to the scaffold on a chair: 'It is almost impossible to imagine a more hideous and revolting spectacle than the death like and swollen appearance of the face, and the utter helplessness of the limbs as they hung downwards, and nothing can be compared to it than a bloated and swollen mummy.'


(Continues...)

Excerpted from Crime and Criminals of Victorian England by Adrian Gray. Copyright © 2013 Adrian Gray. Excerpted by permission of The History Press.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.

Table of Contents

Contents

1 The Criminal World of Victorian England,
2 Murder,
3 Manslaughter, Madness & Other Violent Assaults,
4 Burglars & Other Robbers,
5 Crimes of Poverty & Desperation,
6 Crimes of the Countryside,
7 Crimes on Rail & Road,
8 The Cruelties of the Sea,
9 Riot, Revolt & Disorder,
10 The Rise of Terrorism,
11 Passion, Love & Lust,
12 Deception,

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