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  • The Conflicts of PC Mizen

    It has been suggested on this board that PC Mizen might have faced a misconduct, or neglect of duty, charge for continuing to call up (or knock up) residents when he was told there was a body lying in Buck’s Row. When I looked at the police regulations on calling up, however, I was surprised to find that calling up residents would have been an important part of PC Mizen’s duty. The regulation in force at the time in respect of "calling people up in the morning" (based on a PO of 9 Feb 1853) stated:

    "The Police are bound to render this or any other service in their power to the inhabitants and any neglect is to be reported, and will be punished".

    This regulation appears in the General Orders for both 1873 (MEPO 8/3) and 1893 (MEPO 8/4) and was thus in force in 1888.

    What constables were not allowed to do was accept payment for this service. Thus it was stated:

    "No money or other gift is to be received by the Police for calling up persons in the morning".

    Previous to this, the police were paid for calling up - but from 1853 onwards the practice of payment was outlawed.

    So Mizen would hardly have got in trouble for being engaged in the mere act of calling up. In fact he could have got in trouble had he neglected to call up the local residents that morning.

    It has also been suggested that Mizen should have taken the names of the men who informed him of the body in Buck’s Row but there was no regulation in force of which I am aware that says he should have done so.

    The Police Code (of which I have consulted the 1886 and 1889 editions) stated in 1888 that an officer would face a misconduct charge for "Neglecting to obtain necessary names, addresses and particulars, in a criminal case, or case of accident" but Mizen was not informed by Cross and Paul that a crime had been committed (it is common ground that they did not say a woman had been murdered) and was in no position to know if there had been an accident. So it does not seem that Mizen was in breach of the Police Code in allowing Cross and Paul on their way. Furthermore, as set out below, Mizen was only allowed to leave his beat in cases of emergency and, that being so, he could not possibly have been expected to take any names or addresses in such a situation otherwise that would have delayed his response to that emergency.

    In another thread, Monty has helpfully explained the regulations in respect of an officer leaving his beat but it does not harm to set out the actual wording in the regulations. They stated:

    "Constables may leave their beats to act in cases of fires, accidents, or other emergencies, but they are to return to them as soon as possible".

    I think it will be helpful if I set out a little of the history of this regulation which first appeared in the 1873 General Orders.

    Historically, a constable was not supposed to leave his beat at all. When new police instructions were issued in September 1829, as reported in the Times, it was stated that a constable was:

    "not to quit his beat during his tour of duty."

    However, this was not absolute. He was allowed to take a prisoner whom he taken into custody to the police station but he was supposed to go to a pre-arranged spot and be replaced by another constable before he did so. It was acknowledged that there were "some other" circumstances which might render it necessary for him to quit his beat but these were not spelled out.

    In the preamble to the instructions, however, it was stated that for all police rules "something must necessarily be left to the intelligence and discretion of individuals".

    One reason that was specifically excluded as a reason for a constable leave his beat was fire. Thus it was stated:

    "No man at any great distance from the fire should leave his beat, for depredators might take advantage of his absence on such an occasion."

    Shortly after these instructions, on 13 October 1829, the following Police Order was issued as follows:

    "The Constables are not to refuse to give their assistance for the protection of persons and property near their own Beat, if called for in any case requiring immediate attention but the Constable is always to return as soon as possible to his own Beat."

    So now, constables were specifically allowed to leave their beat both to conduct a prisoner to the police station and to protect people or property outside but near their beat.

    An example of why constables were not normally supposed to leave their beats can be found in a story in the Daily News of 18 July 1854 reporting a hearing at Marlborough Street Police Court of one James Anderson, charged with breaking into premises at 214 Regent Street and stealing expensive musical instruments. The report said:

    "Inspector Lestor C Division informed the magistrate that the plan of operations in committing the burglary had been most cleverly conceived, as a woman with whom the prisoner cohabited was placed in an adjoining street to the prosecutors in a filthy state of intoxication and refused to walk to the station house, [PC] Hawkes and another constable were therefore obliged to leave their beats and carry her, and during the absence of the constables the entry to the premises was effected."

    The cunning plan was foiled because PC Hawkes heard a suspicious noise before he left his beat and returned to the property but the point was that there was a real fear that if constables left their beat this would allow criminals to break into properties in their absence.

    However, on 26 June 1858, a further Police Order arguably provided another reason for a constable to leave his beat:

    "In all cases of accident or illness in the streets, where the Police are called to take persons to a Hospital, they are to be taken to the nearest Hospital unless there be some special reason for taking them to another."

    The 1862 General Regulations, Instructions and Orders for the Government and Guidance of the Metropolitan Police Force summarised the basic position which was essentially unchanged since 1829 as follows:

    "He is not to leave his Beat during his tour of Duty, unless under the circumstances already mentioned [i.e. taking a prisoner to the police station], or others which may make it necessary."

    The regulations repeated that fire was not a sufficient reason for a constable to leave his beat:

    "In case of a fire taking place, the constable on the spot is to give immediate alarm by springing his rattle…No Constable who is at any great distance from the fire should leave his beat."

    The regulations appeared to add a further reason for a constable to leave his beat saying that for a felon or a person accused of felony:

    "he may be immediately followed wherever he goes [by a Constable]."

    However, a constable could not follow someone simply suspected of possibly being about to commit a crime. The Pall Mall Gazette of 2 December 1868 complained about this (on the basis of a report in the Times) in the following terms:

    "The Times, referring to a case in yesterday’s police reports points out that when one of the public servants specially retained for the defence of our lives and property comes upon three men of this well-known stamp…and watches them apparently plotting an immediate crime in the heart of the Metropolis, he is not permitted to stop them unless the crime is begun. If they happen to observe him and choose to go oft to some other locality, he is powerless to prevent them. He cannot even leave his "beat" in order to follow them. Can it be wondered that under such a system as this crime is rife?"

    There was further criticism of the police’s inability to leave their beats in the Law Journal in September 1869, following an assault on a woman, which was repeated in a number of newspapers of the time.

    The Law Journal said:

    "We read of an outrage in the south of London…and we learn that it was a long time before a policeman could be found, and that two policemen refused to leave their beats, though after a while one of them proceeded to the scene of the outrage…. Is the rule that a policeman should not leave his beat a true one? It was intended to prevent a cry of wolf raised in one district leaving another district a prey to thieves. Surely there might be a discretion so that the evil-disposed might not be able to depend upon not being molested by policemen from adjoining beats. If the force in the Metropolis is not large enough, Colonel Henderson may reply upon having more men placed at his disposal….the refusal of a policeman to interfere where violence was being used by a woman or other helpless person should be regarded as a most serious offence.”

    In 1871, an Instruction Book for Candidates and Constables (MEPO 4/36) appeared to offer a new reason for a constable to leave his beat (although not expressly):

    "If a Constable receives information that a serious crime has been or is about to be committed he must go at once to the spot and prevent violence or apprehend the offender if the crime is committed."

    It also stated that:

    "If an accident occurs and any person is injured or insensible, he must send some one or go himself to the nearest Medical Man…"

    This, however, does not seem to involve him leaving his beat.

    Still a constable was not allowed to leave his beat unattended to assist at a fire (at least one at a distance) and this caused some controversy after a fire broke out in a house in Campbell Grove on 26 December 1871. A neighbour wrote to the Times to complain on 28 December saying that the servants in the adjoining house, having been alarmed by the smell of smoke and a crackling noise "appealed to a policeman to break open the door and see what was the matter" but "he said he had no authority to enter the house and could not leave his beat to give the alarm".

    This incident appears to have caused The Thunderer to comment a few days later: "according to our correspondent, the police refuse to leave their beat when a fire breaks out".

    It should be mentioned that there had been some leeway provided a few years earlier in Police Order of 5 August 1868 which cancelled all previous orders on the subject of fire and somewhat enigmatically stated:

    "Whenever Constables are called away from their beats on any sudden emergency, the utmost exertion will be made to supply their place from the Reserve, and to prevent the commission of any offence during the temporary absence, and to prevent the commission of any offence".

    That did not expressly and unambiguously allow constables to leave their beats to assist at a fire but, coming under the heading of "Police Duties and Arrangements at Fires", seemed to have that effect. However, there was a need to try and find someone to cover for them while they were gone.

    The complaints in The Times appear to have led to a change – or at least a clarification - of the rules. Thus, in the 1873 General Orders we find this (as already quoted above):

    "Constables may leave their beats to act in cases of fires, accidents, or other emergencies, but they are to return to them as soon as possible".

    The Police Code also repeated that a constable was: "Not to leave the beat, except in cases of fire, accident, or other emergency, returning as soon as possible" and that misconduct would involve: "Leaving a fixed point or beat improperly".

    We see that the emphasis in the regulations on a police constable leaving his beat is strongly on emergencies with the only two emergencies spelled out being fire and accident. But leaving fire aside, how was the constable to know there was an emergency outside of his beat at which his presence was required? Well obviously he would be called by someone, either by the sound of a rattle or whistle, or by a flashing lantern or by a message being passed on by another constable, perhaps via a member of the public. Perhaps that explains why PC Thain told the Coroner at the Nichols interest that he could not leave his beat "unless called", something which doesn’t appear to have been strictly true but was no doubt the practical effect of the regulations.

    So the police could leave their beat for a variety of limited reasons but it basically needed to be an emergency. On 31 August 1888, Jonas Mizen was told that there was a woman lying in Buck’s Row. That was all he says he was told about her (although, according to Cross, he told Mizen the woman was either dead or drunk). Was that a sufficient to constitute an emergency?

    It seems not. The London Standard of 16 September of 1882 reported on an inquest held by the Coroner of Westminster into the death of female child whose body was found in Hyde Park. It said:

    "Charles Sutherland, a tailor, deposed to finding the body. It was not wrapped in anything and two pieces of rag were close to it. Witness went to Marble Arch and told a constable but he said he could not leave his beat until his serjeant came round, and when the latter arrived he said witness had better take the child the police-station himself. He did so."

    So we have an example of a very similar situation that Jonas Mizen found himself in and the constable here refused to leave his beat to go to Hyde Park – and he was backed up by his sergeant.

    In "Capturing Jack the Ripper" by Neil R.A. Bell, the point is made that a fixed-point constable refused to attend the scene where Annie Chapman’s body was lying but instead told his informant, Henry Holland, to go to Commercial Street Police Station to gain help. Fixed-point constables worked to different rules to beat constables but here the fixed-point constable had been told about a murder having been committed whereas by contrast there is no doubt that, whatever Mizen was told, it was not that a woman had been murdered.

    Now, with all the regulations in mind, we return to the real life situation that PC Mizen found himself in when two men told him there was a woman lying in Buck’s Row. Depending on whose recollection is correct he might have been told the woman was dead or drunk but might not have been. For the purposes of this exercise, let us assume that the evidence of Cross was correct and Mizen was not told that he was wanted by another policeman in Buck’s Row. At the time, Mizen was in the process of calling up. So what should he have done?

    Based on the above information, I would suggest that there was a conflict for Mizen. If he stopped calling up he might be accused of neglecting an important duty. If he went to Buck's Row he could be accused of leaving his beat improperly. What if a burglary took place on his beat and he had absented himself from his beat on a wild goose chase to look for a possibly drunken woman who had already roused herself from her slumber and walked away? Or worse, if she had been faking.

    So should he continue his calling up duties or should he leave his beat and go to Buck’s Row? There is no apparent emergency so it is arguable that he should not have left his beat. He could have asked Cross and Paul to go to the nearest police station in the same way that the constable in 1882 did to Charles Sutherland. He could also have sought instructions from his sergeant on his beat. Now, surely PC Mizen knew this - so, if Cross and Paul did not say that he was sought by a policeman in Buck’s Row, why would he have left his beat to go to Buck’s Row and put himself in potential trouble?

    One might conclude that the fact that the constable did go to Buck’s Row means that he must have been told (or thought he was told) that he was wanted by another constable, otherwise why leave his beat at all?

    However, one other possibility is worth considering. Perhaps PC Mizen completely ignored Cross and Paul thinking it was just a drunken woman and was not worth his trouble. Perhaps he did not do what he should have done which is tell Cross and Paul to go to a police station or ensure in some other way that action was taken, short of him leaving his beat. In that event, he might simply have continued his beat as normal after he finished calling up and this might have taken him down Baker’s Row at which point he saw PC Neil flashing him with his lantern and he then quickly realised that what Cross and Paul had told him was true. Furthermore, he realised that it was a very serious matter because a woman had been murdered. It would surely have occurred to him that he had been neglectful in not taking his informants seriously and doing anything about it. But when it came to his report to his superior officer he could not deny having received information about a woman lying in Buck’s Row. He had to confess that he was told about this by two men. But if he said he was told about it and went to Buck’s Row, he could have faced questions about why he left his beat under such circumstances. If he said correctly that he did not leave his beat, then he would have faced questions about why he did nothing at all. So the invention of a policeman into the story could have been helpful to him to explain (falsely) why he proceeded to leave his beat and go to Buck’s Row.

    However, this explanation is rather convoluted and falsifying his account of his conversation with Cross would clearly have brought him into direct conflict of testimony with Cross (as it did) and perhaps Paul too if he was in ear shot at the time of the conversation. So the overall conclusion has to be that it is unlikely that PC Mizen lied about what Cross told him because he did not really need to.

    If anyone who has managed to wade through the above has any thoughts I would be interested to read them.

  • #2
    I'm a little confused. If it is against a constable's orders to leave off his duty of waking the local residents in the early hours of the morning, then why did PC Mizen state at the inquest that he had not continued "knocking up" the neighbors after being told by the two witnesses of a woman in the street? (This information is on Mizen's entry on the Casebook site, under the section for Police, I think. The citation is from 'The Times'.)
    So is it worse not to wake up the residents, or worse to leave one's beat? If the former is worse, why did he admit to it if he hadn't done it?
    Pat D. https://forum.casebook.org/core/imag...rt/reading.gif
    ---------------
    Von Konigswald: Jack the Ripper plays shuffleboard. -- Happy Birthday, Wanda June by Kurt Vonnegut, c.1970.
    ---------------

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    • #3
      A wonderfully detailed post David, thank you.


      A reason I feel Mizen may have lied is down to the fact constables did take monies for carrying out knocking up duties. I'm not at home just now, but going from memory of what of what I think came from Booths Police Walks (could have been Police! Or Cavanaghs work), constables kept a tally of customers in their book, and would take weekly 'orders' of the service, and were financially compensated for this.

      I've not come across the PO you mention, however whereas no money or gift can be received by the police, money was laid on to the constable as a civilian.

      Now seeing that PO for the first time, I can understand Mizens conflict, especially when you bring murder into the equation.

      Monty
      Monty

      https://forum.casebook.org/core/imag...t/evilgrin.gif

      Author of Capturing Jack the Ripper.

      http://www.amazon.co.uk/gp/aw/d/1445621622

      Comment


      • #4
        Hi Monty

        Leaving out the 'wanted by a policeman' complication, I would think that this kind of thing must have happened before, if not to Mizen then to some of his colleagues, i.e. member of the public says 'there's a woman in X Street and I'm not sure if she's OK, maybe you'd better take a look.' What do you see happening? Would the constable be thrown back on his own devices, or would each station evolve its own code of practice maybe?

        Comment


        • #5
          If it helps, there are numerous instances recorded in the WI records in which women, often, if not always, drunk, were brought in by police officers. It was evidently a relatively common occurrence, although of course what we see in the record only represents part of the picture - there obviously would have been occasions when there were other outcomes.

          Given the relatively common situation and Crossmere/Paul's reported uncertainty regarding Nichols' state of health; I have often wondered whether Mizen took their account less seriously than in hindsight, he might have done.

          Comment


          • #6
            Hi Sally

            But were any of those dealt with by a PC from a different beat who had not been called there by the beat PC?

            There are two possibilities :

            1. Crossmere lies to Mizen. I don't favour this myself, but if that's what happened (or if Mizen simply misheard) then we have Mizen going off to Buck's Row in response to a supposed call from Neil.

            2. Crossmere was telling the truth at the inquest and he did not say that a policeman wanted Mizen. David seems to be arguing that in this scenario, Mizen would have remained on his beat and continued knocking up, and therefore that fact that he DID go to Buck's Row proves that Crossmere told him he was wanted by a policeman.

            So, would a PC leave his beat to check on a woman whose state of health was unknown?

            Comment


            • #7
              Interesting questions Robert - and perhaps we might have a shot at answering them if we could identify the relevant policemen and their beats.

              Comment


              • #8
                Originally posted by Robert View Post
                Hi Monty

                Leaving out the 'wanted by a policeman' complication, I would think that this kind of thing must have happened before, if not to Mizen then to some of his colleagues, i.e. member of the public says 'there's a woman in X Street and I'm not sure if she's OK, maybe you'd better take a look.' What do you see happening? Would the constable be thrown back on his own devices, or would each station evolve its own code of practice maybe?
                Mizens first thought, seemingly, is that there was no emergency. Otherwise he would have made rapid pace to the scene. Also, I suspect, he would have known that Bucks Row was J divisions patch, and dwelt on action in hopes the J division beat constable would have picked her up, which is indeed what happened.

                If he had picked her up, it was mean either a long march to either Arbour Square or Commercial St nick, or an even longer march to Commercial St to obtain the handcart, back to Bucks Row, and back again to the nick with a drunk woman on board. Then he has to book her in, and then, if charged, he would have to attend court at 11.am the following morning.

                It was either that, or let the J division bobby have the hassle.

                Of course we knew she was dead, Mizen at the time did not. Neither did Cross and Paul, simply becuase they lacked emergency in their actions. They find a woman, cannot decide if she is dead or drunk, walk off to find a policeman, find one, speak to him, and instead of dragging him to the spot, walk off to work together.

                Now compare that with the actions of Saunders re the Tabram murder, who, like Cross, was off to work when he found the murdered Martha. He went and found PC Barrett, and bought him back to George Yard, and stayed with the bobby instead of continuing to his employment. He left Barrett in no doubt it was an emergency.

                Cross and Paul seem most nonchalant in comparison, and coupled with the divisional jurisdiction aspect, Mizen felt there was no emergency, more a drunk to be dealt with.

                Monty
                Monty

                https://forum.casebook.org/core/imag...t/evilgrin.gif

                Author of Capturing Jack the Ripper.

                http://www.amazon.co.uk/gp/aw/d/1445621622

                Comment


                • #9
                  Hi All,

                  Seasons Greetings.

                  The story goes that PC Neil [J Div] sent PC Mizen [H Div] for an ambulance [handcart].

                  Mizen must have got the ambulance from Leman Street, Commercial Street, Arbour Square, King David Lane [H] or Bethnal Green [J] Police Station and been away from his regular beat for a fair amount of time.

                  I'm intrigued to know why Polly's body was taken to the pest-hole of a mortuary off Old Montague Street when J Division [Bethnal Green, within whose jurisdiction the body lay] had a modern fully-equipped mortuary of its own.

                  Regards,

                  Simon
                  Never believe anything until it has been officially denied.

                  Comment


                  • #10
                    Originally posted by Simon Wood View Post
                    Mizen must have got the ambulance from Leman Street, Commercial Street, Arbour Square, King David Lane [H] or Bethnal Green [J] Police Station and been away from his regular beat for a fair amount of time.
                    Hi Simon - it did occur to me that there might have been a lot of unhappy people in Whitechapel that morning who did not receive their expected wake up call and were consequently very late for work!

                    Comment


                    • #11
                      Originally posted by Pcdunn View Post
                      I'm a little confused. If it is against a constable's orders to leave off his duty of waking the local residents in the early hours of the morning, then why did PC Mizen state at the inquest that he had not continued "knocking up" the neighbors after being told by the two witnesses of a woman in the street? (This information is on Mizen's entry on the Casebook site, under the section for Police, I think. The citation is from 'The Times'.)
                      So is it worse not to wake up the residents, or worse to leave one's beat? If the former is worse, why did he admit to it if he hadn't done it?
                      Hi Pcdunn - I understand your confusion because the report in the Times that you refer to is not entirely accurate, which can be seen from looking at the reports of other reporters at the inquest. I have mentioned this in another thread over on the Witnesses board entitled "Inquest Reports of Mizen/Cross Evidence" and reproduce an extract below:

                      As for what Mizen did do, Reporter G seems to carry the fullest account of his evidence on this point, namely: "In reply to a juryman, witness said that when the carman spoke to him he was engaged in knocking people up, and he finished knocking people up at the one place where he was at the time, giving two or three knocks, and then went directly to Buck’s-row, not wanting to knock up anyone else".

                      Reporter B corroborates this: "The witness was at the time in the act of knocking a man up….It is not true that before he went to Buck’s-row, witness continued “knocking people up”. He went there immediately".

                      Reporter C also carries a shorter version of this: "A juryman: Did you continue knocking people up after Cross told you were wanted? Witness – No. I only finished knocking up one person".


                      In short, Mizen admitted that he did continue to knock up after speaking to Paul and Cross but only at one residence.

                      Comment


                      • #12
                        Originally posted by Monty View Post
                        A wonderfully detailed post David, thank you.
                        Thank you Monty.

                        The PO of 9 Feb 1853 which I referred to is in MEPO 7/16 and states as follows:

                        "Considerable inconvenience has long been found to arise from the practice of the Constables receiving money from Inhabitants on their Beats for calling them up in the morning. It leads to neglect by the Constables of those Inhabitants who don’t pay and causes complaints by Constables who are on Beats whose money is not given and has on several occasions produced ill feeling between Constables in this apportioning of money given.

                        The Superintendents will henceforth take care that no money is received by a Constable and any Constable who receives any for such a service is to be reported to the Commissioners. The Constables are bound to render this or other service in their power to an Inhabitant and any neglect is to be reported and it will be punished.

                        Should a special occasion arise for which an Inhabitant sends money for the Constable who has called him up, the money may be retained at the Station and the facts reported to the Commissioners for their decision
                        ".

                        There then follows a number of "verbal" instructions to be given to superintendents, the first of which is that:

                        "Constables not to receive money for calling up in the morning".

                        Comment


                        • #13
                          Originally posted by David Orsam View Post
                          Thank you Monty.

                          The PO of 9 Feb 1853 which I referred to is in MEPO 7/16 and states as follows:

                          "Considerable inconvenience has long been found to arise from the practice of the Constables receiving money from Inhabitants on their Beats for calling them up in the morning. It leads to neglect by the Constables of those Inhabitants who don’t pay and causes complaints by Constables who are on Beats whose money is not given and has on several occasions produced ill feeling between Constables in this apportioning of money given.

                          The Superintendents will henceforth take care that no money is received by a Constable and any Constable who receives any for such a service is to be reported to the Commissioners. The Constables are bound to render this or other service in their power to an Inhabitant and any neglect is to be reported and it will be punished.

                          Should a special occasion arise for which an Inhabitant sends money for the Constable who has called him up, the money may be retained at the Station and the facts reported to the Commissioners for their decision
                          ".

                          There then follows a number of "verbal" instructions to be given to superintendents, the first of which is that:

                          "Constables not to receive money for calling up in the morning".
                          Well I have learnt something today David, thank you so much for sharing.

                          As POs, your sources are more reliable than the secondary info I obtained from books written by former officers. My understanding was that knocking up was an act taken on from the old Watch days, which the constables were permitted to continue, as long as it did not impact upon their duties.

                          So now you have given me some food for thought.

                          Cheers again

                          Monty
                          Monty

                          https://forum.casebook.org/core/imag...t/evilgrin.gif

                          Author of Capturing Jack the Ripper.

                          http://www.amazon.co.uk/gp/aw/d/1445621622

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                          • #14
                            Hi Monty

                            Thanks. So do you think Mizen delayed just long enough to finish with one knocking up before going, or do you think he carried on knocking and was summoned by Neil's lamp?

                            Comment


                            • #15
                              Originally posted by Robert View Post
                              Hi Monty

                              Thanks. So do you think Mizen delayed just long enough to finish with one knocking up before going, or do you think he carried on knocking and was summoned by Neil's lamp?
                              Yes, one or two more and went for a cursory look.

                              I doubt he could see Neils lamp at the scene from Bakers Row, however if Neil moved out to the middle of the road, and Mizen took a few steps toward Thomas Street, he may have seen something.

                              Monty
                              Monty

                              https://forum.casebook.org/core/imag...t/evilgrin.gif

                              Author of Capturing Jack the Ripper.

                              http://www.amazon.co.uk/gp/aw/d/1445621622

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