Persistent Cruelty

In 1901, Thomas Henry WHEELEY and Ann ROGERS had been married for 23 years and had had 8 children together.  They were living on Dalkeith Street in Walsall – a row of terraced houses built alongside the Walsall Locks less than ten years before (in the early 1890s). Thomas was a ‘brown saddler’ living in “a poor locality” so life was probably not easy for the family.

Snippet of the 1901 census page
Thomas Henry Wheeley and Ann Rogers on the 1901 census

On Saturday the 20th May, 1905 – only a few years after the census was taken – the family had ‘a quarrel’. Thomas who had been out drinking, came home and argued with Ann, calling her names. Ann, in turn, threatened to throw a saucer at him and Thomas attacked her with a knife. Their 18-year-old son, George Alfred,  seeing this take place, struggled with his father and was subsequently hit on the head with some tongs [Not sure if these would be saddler tongs or coal tongs or another type). Ann had managed to escape the house during the scuffle and discovered she had been cut on the wrist.

newspaper article
Walsall Advertiser 27 May 1905 p6 c7

BEER, AND A QUARREL.

A saddler named Thomas Wheeley (53), of 91, Dalkeith Street, was charged with unlawfully wounding Ann Wheeley, his wife, with a knife, and also with violently assaulting Alfred Wheeley, his son, by hitting him on the head with a pair of tongs. -The police authorities agreed to withdraw the charges, and substitute charges of common assault only. -The story for the prosecution was that on Saturday night the man Wheeley went home under the influence of drink, and a quarrel, arose. He called his wife a bad name, and she threatened to throw a saucer at him. During the quarrel she found that she had received a wound on the wrist, and went out of the house. -The son’s evidence was to the effect that he saw his father with a knife, and struggled with him. He succeeded in getting his mother out of the house, but while he was doing so he was struck on the head with the tongs. -Dr Mackenzie-in-Thurm (house surgeon at the hospital) said he attended to the woman’s injured wrist. There was only a small punctured wound. It was not serious. -The magistrates sentenced Wheeley to 14 days’ imprisonment.  (Walsall Advertiser 27 May 1905 p6 c7)

I find it interesting that “the police authorities agreed to withdraw the charges, and substitute charges of common assault only”. Who requested the charges be withdrawn/substituted? Common assault is a lesser charge than ‘unlawfully wounding’ or ‘violently assaulting’ [source] and so appears to minimise Thomas’ actions. Was the switch to a lesser charge because: a) there was a lack of evidence of more serious injuries; b) prosecution were more likely to secure a conviction this way; or c) the general view that domestic violence was less serious?

Thomas’ two-week stint in prison for the assaults seemed to have little effect. A few weeks later, the couple were living at separate addresses – Thomas on Cannon Street and Ann at 481 Pleck Road – when Ann requested a separation order to support her and their four remaining dependent children – Sidney, Ernest, Grace Hilda and Maria (whose ages ranged from 14 to 7).

newspaper article
Walsall Advertiser 24 June 1905 p2 c5

PERSISTENT CRUELTY.

Thomas Henry Wheeley, Cannon Street, was summoned for persistent cruelty to his wife, who applied for an order against him. -Complainant stated that she had been obliged to leave her husband because of his persistent cruelty. She had been married 29 years and had eight children, four of which were depending upon her. Her husband had assaulted her several times and was always threatening her. She had had seven pair of black eyes in less than three months. -The Chairman (to defendant): How many black eyes have you given her since you were married? -Two, that’s all sir. -An order for 10s a week was eventually made.  (Walsall Advertiser 24 June 1905 p2 c5-6)

In 1895, the ‘Summary Jurisdiction (Married Women) Act’ was introduced. It allowed married women to apply to the magistrates’ courts for separation and maintenance orders if their husbands had:

i. been convicted of an aggravated assault under S.43 of the Offences Against The Persons Act 1861
ii been convicted on indictment for assault and sentenced to at least two months imprisonment or fined £5
iii. deserted them
iv. been guilty of persistent cruelty so as to make their wives leave home.
v. wilfully neglected to maintain so as to cause their wives to leave home.

(Radford, M. T. (1988) The law and domestic violence against women. PhD Thesis. University of Bradford. Available from: https://bradscholars.brad.ac.uk/handle/10454/3875 (Accessed: 13 May 2020), page 38)

Ann applied for an order of separation on the grounds of his persistent cruelty and subsequent articles definitely paint a picture of an unhappy marriage marred with ‘persistent cruelty’ and alcohol abuse.

image of coal hod for sale in 1904
A coal hod for sale in 1904 – Thomas was witnessed to have struck his wife Ann with one.

Ann told the court that her husband had ‘never treated her kindly’ and that she had had ‘seven pair of black eyes in less than three months’. Thomas denied this and claimed he had ‘only’ given her two and struck her ‘no more than three times’. Ann also claimed that Thomas had hit her on the head with a coal hod – a claim supported by their 25 year old daughter, Blanche who witnessed the incident. Blanche also confirmed that her father had ‘frequently’ given her mother black eyes. However she also said that her mother had also ‘been under the influence of drink’ but this had not been for some time since “she has not had the money”.

newspaper article
Walsall Observer, and South Staffordshire Chronicle 24 June 1905 p2 c5

SEVEN PAIRS OF BLACK EYES IN SIX MONTHS –

Thomas Wheeley, saddler, Cannon Street, was summoned by his wife, Ann Wheeley, of 481, Pleck Road, who sought to obtain a separation order on the ground of his persistent cruelty. -Complainant stated that she had been married 29 years, and of her eight children four were dependent upon her. Her husband, who was resently [sic] sent to prison for stabbing her in the wrist, had said that he had done 14 days, and he would yet do 14 years for her. He had never treated her kindly, and a few weeks ago he had struck her on the head with a coal hod. He had given her seven pairs of black eyes in less than six months. Since he came out of prison he had continually threatened what he would do to her. -She denied, in cross-examination by defendant that he had not struck her more than three times since they had been married. -In reply to a question from the Bench, defendant said he had only given his wife two black eyes, and she denied that she had been locked up for being drunk. -Blanche Marston, daughter, also spoke to her father’s ill-treatment of her mother, and said that he had frequently given her black eyes; she did not know how many. She saw him strike her with the coal hod. She admitted that her mother had been under the influence of drink, but not for some time. “She has not had the money,” she added, amid laughter. Since her father came back from gaol his language had been unbearable. -Complainant was re-called, and asked for 10s. a week. -An order was made for that amount.  (Walsall Observer, and South Staffordshire Chronicle 24 June 1905 p2 c5)

Despite the 1895 act, it’s clear that domestic violence was still not regarded as seriously as it should. Thomas’ seemingly casual, or even blasé attitude regarding the violence he actually admits to inflicting on his wife indicates that beating your wife was largely seen as ‘fine’ depending on its regularity or severity. A woman’s options were very limited and there were many reasons a wife would remain with an abusive husband – whether financial, emotional or social.

For whatever reasons, Thomas and Ann were together again by the 1911 census.

Snippet of the 1911 census page
Wheeley family on the 1911 census (130 Bridgeman Street)

I was completely unaware of the events of 1905 until recently. Thomas and Ann appeared in every census together since their marriage in 1878 (1881-1911) so I didn’t expect there to have been such a rift. We like or want to believe that the families we research lived peacefully together despite their often difficult lives. My discovery of these newspaper articles reminded me this is often not the case.

The census is only a ‘snapshot’ every ten years – it’s important to remember this. A lot can happen between these ‘snapshots’. Just as living at the same address two censuses in a row doesn’t always mean they’d actually been there all that time, a family simply living together does not always mean their lives were harmonious all that time.

This family is also featured in Wheeley Interesting and Wheeley Interesting Sequel.

For Eva

Poor little Eva Rogers.

Not only did she die at just 3 years of age, but she was buried under the wrong name!

To be fair, this error is likely confined to the burial register – a slip up by the rector confusing the names of two sisters – but I can’t help but feel a little indignation for the wee lass.

Eva’s older sister, Ada Rogers was born in 1859 and was only 18 years old when she died in 1877.

Baptism of Ada Rogers 1859
Burial of Ada Rogers in 1877

Eva Rogers was born two years after her sister in 1861 and baptised in November at Newport, Shropshire, England.

Baptism of Eva Rogers 1861

As she was born and died between censuses, I only know of Eva’s existence due to trawling the Newport, Shropshire parish records on FindMyPast. But still, her burial did not appear in the burial records. However, there was a burial of ‘another’ Ada Rogers in 1865. I already knew Eva’s sister, Ada (who did appear on censuses) died in 1877 so who was this other Ada? At first I thought there was a transcription error but the record clearly showed ‘Ada Rogers’.

Burial of Eva Rogers (mistranscribed as Ada) 1865

Fortunately, Eva was registered under the correct name as can be seen in the GRO index.

The surname, death place and age at death match so I can surmise the rector simply had ‘a bit of a slip-up’ at the time of recording in the burial register. I feel glad that I was able to uncover the mistake and reestablish her place in the family tree.

 

 

Wheeley Interesting Sequel

The Perils of Divorce – a film from 1916

I previously wrote about the brief marriage between William Henry Marston and Blanche Emma Wheeley in the post, Wheeley Interesting.  I have just discovered that five years after their unhappy relationship broke down, there was a development…

Walsall Observer, and South Staffordshire Chronicle, 2 June 1906 , p3 c6

Basically, the amount of support Marston had to pay Blanche had been dropped to 7s.6d (approximately £29.46 in today’s money)  [The wording makes it unclear whether this happened in July 1901 or July 1906]. However, Marston was now complaining that he shouldn’t have to pay support to his ex-wife at all, since she was living with another man.

…It was now alleged that defendant was living with Joseph Mellor in Moat Road. -Defendant did not appear, and Sergeant Haycock stated that when he served the summons she admitted in the presence of Mellor that she was co-habiting with him, and said she should not contest the case. -Mrs. Hargreaves, of Manor Road, sister of Mellor, stated that the latter and Mrs. Marston had been living together as man and wife for three or four months…

The new relationship may have come to his attention through Blanche being heavily pregnant with her eldest son, Joseph, who was born only a month after the article appeared. He and his brother, Charles appear with their parents on the 1911 census – still living in Moat Road, Walsall.

The Meller/Marston family on the 1911 census – 135 Moat Rd, Walsall

Blanche and Joseph had 4 children (one who died as an infant) before they were finally wed in 1913. These children were recorded under the surname Marston as that was still Blanche’s legal name, but the parentage was made clear by also including the name, Mellor.  After their marriage, the couple had 4 more children, although one died when only a few months old. By 1939, all the children had dropped the ‘Marston’ from their name and used only ‘Mellor/Meller’.

Since divorce at that time was unlikely, and remarriage was illegal with a spouse still living, I presumed William must have died.  He was still alive in 1911, living with his new ‘wife’ and son, Percival William Marston, but there was no death record before 1913.

William Henry Marston with his new family on the 1911 census – 49 Charlotte St, Walsall

William & Lizzie listed themselves as married on the 1911 census but there is no trace of a marriage between them. [Intriguingly, there is a marriage in 1911 of a ‘Percy W Marston’ to a ‘Lizzie Jackson’ in Southwell district, Nottinghamshire but an appropriate person with this name can actually be traced through the censuses. Also, the surname of Percival’s mother is given as Mitchell in the birth indexes.] It turns out, William and his family left England for South Africa in June 1913!  They returned in 1919 for a few years before leaving permanently in 1921.

I don’t think it’s mere coincidence that Blanche and Joseph were married in July 1913. The expense alone meant divorce was unobtainable for the working class at this time. With Blanche’s ex-husband out of the country, they may have considered it their opportunity to finally marry (albeit illegally). The couple were still together in 1939 so I like to think Blanche did get that happy ending after all (at least for a while!).

The Hannah Chronicles: Obscene Language

Newspapers are ‘da bomb‘ for finding out information about relatives but it’s important to widen searches for different spellings, variations and even other family members. This time, searching just the name Rollett (it helps that it’s not too common), brought up an article I hadn’t seen before:

Nottingham Journal, 20 March 1876, p4 c2

USING OBSCENE LANGUAGE – Hannah Rollett was charged with using obscene language in Walker lane, on Wednesday last, to the annoyance of Sarah Ann Rollett, and fined 40s. and costs, or, in default, one month with hard labour. -Ann Wright was charged with a similar offence in the Market place and Bold lane, to the annoyance of John Rollett, on Wednesday last, and fined 40s. and costs, or, in default, one month with hard labour.

Nottingham Journal, 20 March 1876, p4 c2

Typical of the Hannah I’d come to know and love, and interesting that it involved Alexander’s sister, Sarah Ann, again. But underneath, the next case also involved a Rollett and I was wondering if there was a connection when I noticed the name ‘Ann Wright’. I know that Hannah had a sister, Ann, who married a Wright in 1872. Could this be her? Were they all arguing together – siblings against siblings? And who was this John Rollett?

It was only a couple days later that a different search revealed more information:

Derby Mercury, 22 March 1876, p2 c5

Hannah Rollett was charged in her absence with using obscene language to the special annoyance of Sarah Ann Rollett, her sister-in-law, in Workhouse-yard, Walker-lane. -Fined 40s. and costs, or one month’s imprisonment.

Ann Wright was charged in her absence with using obscene language to the special annoyance of Alexander Rollett, the husband of the last defendant. The affair took place in consequence of the complainant demanding his child, which had been under Wright’s care. -Fined 40s. and costs, or one month’s imprisonment, with hard labour.

Derby Mercury, 22 March 1876, p2 c5

Derby c1899 map showing places mentioned in the articles (Blue line marks Bold Lane)

The extra details indicate that this was indeed a ‘family affair’ so it’s more than likely this Ann Wright was in fact, Hannah’s sister. We know that her first daughter, Sarah Jane, was ‘under Wright’s care’ in 1881 where they appear in the census together. Sarah Jane would have been aged 4 at the time of this article but it could also refer to his son, Richard William who would have been nearly 2 years old. By 1881, ‘William’ was living with his father and his live-in-lover, Selina Banks. [Hannah was 3 months pregnant with John William at the time.]

1881 census – Bonsall – Sarah Jane living with her aunt, Ann
1881 census -Derby (Nun St) – Richard William living with his father, Alexander
1881 census – Derby (Willow Row) – John William living with his mother, Hannah

It seems a bit rich that Alexander and his sister would take his wife and sister-in-law to court based on their language – they were hardly beacons of modesty. The move seemed designed to antagonise but it is hard to say who was in the right here as neither parent seemed like a great role model. A few months later, Alexander was involved in a ‘murderous assault on a policeman‘; the next year, Hannah committed her own ‘murderous attack‘; and a few years later, Hannah and Alexander would again argue over custody of their children which caused newspapers to report on their ‘Shocking Immorality’.

The Hannah Chronicles: A Disorderly House

 

Nottingham Evening Post, 27 Jan 1886, p2 c4

Hannah Bates/Rollett and William Henry Lamb were not ones to live life quietly it seems. In January of 1886, they were subjects of a raid where it was found they, along with some neighbours, were keeping a ‘disorderly house’.

At the Derby Borough Police-court, to-day… Edward and Patience Helmsley, husband and wife were charged on a warrant with keeping a disorderly house at House 7, Court 3, Willow-row, between January 16th and 24th…

-Similar penalties were imposed in a similar charge against William Lamb and Hannah Rollit, of House 4, Court 3, Willow-row. Detective Clay stated that most of the persons who entered the house were young men. Prisoners, who had lived together for two years, were found guilty. There were five minor convictions against the man, and six against the woman.

Nottingham Evening Post, 27 Jan 1886, p2 c4

The neighbours in House 7 appear to have held the most serious charge as they appear first in reports.

The Nottingham Journal (28 Jan 1886) was less euphemistic when they reported a “RAID ON BROTHEL KEEPERS”.

Upon being read the warrant, Patience Helmsley had asked “Why don’t you do them up No. 1 court as well?” which indicates this was a relatively common thing in the court houses of Willow Row. “In consequence of complaints he and Sergeant Dexter watched the houses in this this court”…

 

Nottingham Journal, 28 January 1886, p6 c1
Nottingham Journal, 28 January 1886, p6 c2

Hannah Rolle[t] and William Lamb were charged with a similar offence at house No.2, Court 3, Willow-row. -Detective Clay spoke to arresting the prisoners who denied keeping a brothel. -They had lived in the house about three or four months. On the 16th inst. four women and three men entered the house; on the 21st two men and two women went in the house; on the 23rd two women and nine men went into the house. The prisoners lived together as man and wife. The prisoners were about when this state of things was going on. -The man denied the charge, but the woman admitted the offence. -The prisoners had each been previously convicted, and they were now fined £5 and costs, or one month’s imprisonment with hard labour.

Nottingham Journal, 28 January 1886, p6 c2

Interesting that in both cases, the men plead ignorance:

In defence the male prisoner [Edward Hemsley] said he did not know anything about the “affair,” as he was at work every day. -The female said it was all her fault. He did not want her to keep such a house, and she wished she never had. If the Bench sent them to gaol, her husband would get the “sack.” If they would let her off she would lead a better life.

Nottingham Journal, 28 January 1886, p6 c2

Derbyshire Advertiser and Journal, 29 January 1886, p3 c5

 

…William Lamb and Hannah Rollett were charged on a warrant with keeping a disorderly house in Court 3, Willow-row between the 16th and 23rd Jan. -Detective Clay gave evidence of a similar nature to that in the previous case and said that he and police-sergeant Dexter apprehended the prisoners on the previous night, when they emphatically denied the charge.- The woman, who had been convicted six times before, pleaded guilty. The man had been in trouble on five previous occasions, and he now denied the charge.- They were fined £5 and costs each, with the alternative of a month’s imprisonment.

Derbyshire Advertiser and Journal, 29 January 1886, p3 c5

The Sheffield Indpendent (28 January 1886) gave much the same information but mentions the “Prisoners… had lived together for two years…” even though we have evidence that they had been living together for around four.  [see previous post]

Sheffield Independent, 28 January 1886, p2 c5

It’s unclear whether Hannah or William opted to pay the fine or take the imprisonment. I should note at this point that despite all these convictions against Hannah over the years and reports of serving time, I’ve not yet been able to find any jail record under any of her names.

Despite her claim that she would “lead a better life”, newspapers show that Patience Helmsley was charged with the same offence a few years later in 1890 (with double the penalty):

Derby Daily Telegraph, 25 March 1890, p3 c2