How a Court became Incremental in British Law and how it slowly faded away
‘The Old Bailey is not a court, it is a place; it is a space with buildings in it, and it remains just the same. I dislike the ancient monuments of England being misnamed’. (Hibgame, 1908)
The Old Bailey was a major criminal court during the 18th century with its proceedings first published as collections in a broadside fashion. This form of popular literature, however, would soon transform into a Quasi-Official report.
Initially cheap and aimed at the popular audiences, the Old Bailey proceedings were published as a form of instruction and entertainment, written however in a non-verbatim form.
This soon died out. By the 1800s, the proceedings were used as an official court record with less emphasis on exaggeration and the stretching of the truth and more on a less thrilling, more comprehensive recording.
Despite the aging form of tabloid style of writing used in the proceedings, the truth was perhaps, manipulated to suit the ownership of the newspaper rather than present the truth of the matter.
‘15% of the total news hole devoted to crime stories and in purely numerical terms represented 24% of all crime-related stories – making it likely that they played an important role in shaping readers ideas about crime and its prevalence’ (King, P94).
Many of the defendants accused of their petty crimes lived reduced lifestyles and could not afford to spend what little they had on lawyers. Instead, defendants had to enter a plea deal or be presumed guilty. The more rational and fair thought process of ‘Innocent until proven guilty’ was farcical during the reign of the British Monarch. Examples such as John Singleton, who was tried at The Old Bailey in London 16th April 1740 for pickpocketing (privately stealing a gold watch, and gold seal, value 15 l. from the person of Henry Lampton) and later executed that same day. Or Margaret Mills, who was tried at the Old Bailey 16th January 1740 for grand larceny (stealing a drab great coat) and found guilty, sentenced to whipping.
Whilst the drama of the Old Bailey excited those who read about it, its proceedings did have its limitations. The proceeding’s popularity rested on them being authentic. The tabloid style of sensationalism and wanting to sell itself could only go so far. The many petty thefts that had occurred were often barely described.
Many witness statements had been shortened to avoid repetition. Rape cases and cases of sodomy had been entirely suppressed by 1780. By 1830, little detail of any sexual offence was given.
Even more irrational was the thought process behind charging people with great indecency due to their homosexuality. That ‘people that do these things must be dead to all sense of shame…’ (Justice Wills)
In the trial of Oscar Wilde in 1895: Regina Vs Wilde, the law was deemed in accordance with society’s behaviour. That ‘the love that dare not speak its name’ be left unspoken. The proceedings of the Old Bailey had left little space for defendants and their witnesses. The case saw cries of ’Oh! Oh!’ and ‘Shame!’ with Wilde left frustrated at his lack of equal treatment. Stating ‘And I? May I say nothing, my Lord?’ ‘Images of the homosexual, whether dangerous or persecuted, coalesced around the writer’s personality and fate’.
By 1907 onwards however, the need for verbatim had rose from its grave. Courts had to provide verbatim record of trials by shorthand writer, paid for by Treasury. Eventually by 1913, the typical court proceedings were no longer needed and were ultimately abandoned.
Bibliography:
Hibgame, Frederick T., ‘The Old Bailey’, Notes and Queries, 03/07/1908, Vol.s10-IX(219), pp.186-186
King, Peter ‘Crime, Histoire & Sociétés / Crime, History & Societies’, 1 January 2009, Vol.13(1), pp.91-116
The Trials of John Singleton and Margaret Mills, https://www.digitalpanopticon.org/, Site Accessed 27/11/2019
Images courtesy of:
Augustus Pugin and Thomas Rowlandson, Old Bailey Courtroom (1809), from The Microcosm of London. © University of Sheffield (The Old Bailey Courtroom)
Scene at the Old Bailey: The most sensational trial of the century – Oscar Wilde; from the Illustrated Police Budget, 4 May 1895. (Oscar Wilde’s Trial)
The Evolving Cell 