Originally posted by David Orsam
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I know this is a long dead thread, so forgive me - but your conclusion in my oppinion is dead wrong, and you have a tendency to underline some passages which serve your point, while ignoring others that undercut it. So, permit me to be kind and point them out for you below.
All these cases and references actually serve to strengthen the conviction that Charlie Cross was expected to use the name Charles Lechmere before authorities (of course, we don't know if he didn't furnished both names to the police, but chose to use Cross before the inquest: trying to help you guys).
In all cases, save one, the name that these individuals employed and were recognized by the court at inquests and legal proceedings was their official name: the one on birth certificates, baptisms, census records. Their 'common' name was volunteered, for clarity, in addition to their official name.
The only one to the contrary was the sailor George Gray, evidently accused of murder, where a fellow sailor testifying before the court says:
"Grey's proper name is George Thompson, but he was known by the name of Grey - the name of his stepfather."
(The emboldened part is yours - it is the first of many occasions where I felt your personal bias overcame you. The underlined parts (mine), combined with your emboldened part are a more even handed emphasis on detail.)
And here, in another case you dug up - and the language is your:
The body of a man named William Smith, 44 years of age, of Jeddo street has been found in the old dock Newport. Deceased was a dock labourer and being unmarried lived with his parents....At the inquest held at the Town Hall on Thursday evening - before the Deputy Coroner (Mr Digby Powell) - it was stated that the deceased's real surname was Yem, but that he went by his stepfather's name of Smith."
Everything here tells me that by the year 1888 and beyond, the English were sticklers about using the surname of record in a legal sense, even though these people had their birth father die in infancy, had barely if any recollection of him, and their mom married their step dad soon after. Even when they were illegitimate and had adopted their step fathers name early in life - even they were uncertain about the status of this name: in one case in the sense of receiving social security at 65.
We can go over anyone of these cases if you wish - they all point in the same direction: it being paramount that one use their 'official' name in a legal situation. The argument over what was Lechmere's 'real' or 'proper' name, meaning the one he would be expected to use before an inquest hearing is clear.
Didn't Lech not know this?
Here is your reference to the scholarly passage that in my opinion also supports the notion that good old Charlie Cross was expected to use Lechmere at the inquest. I once again underlined parts that you missed, retaining the emboldened parts that are yours:
"Changing a surname
As with your first name, there is nothing in the law stopping you from changing your surname at any time, so long as you don’t have any fraudulent (or other criminal) intent.
…………
English law has historically always regarded the surname as something much less important than the first name. Sir Edward Coke wrote in 1628 (in the first part of his Institutes of the Lawes of England (also known as Coke on Littleton), chapter 3.a.)
English law has historically always regarded the surname as something much less important than the first name. Sir Edward Coke wrote in 1628 (in the first part of his Institutes of the Lawes of England (also known as Coke on Littleton), chapter 3.a.)
And regularly it is requisite, that the purchaser be named by the name of baptism and his surname, and that speciall heed bee taken to the name of baptism; for that a man cannot have two names of baptism as he may have divers surnames.
........
It was possible, and not considered odd, for different members of the same family to spell their surname a different way, for example.
And so, in the case of Disply v Sprat (1587), for example, when one of the jurors was named as Thomas Barker at the venire facias but as Thomas Carter at the distringas jurat; although Sir Edward Coke alleged the verdict to be void because of this discrepancy, the court held that it wasnt a problem because There is a great difference between a mistake in the name of baptism, and in the sirname; for a man can have but one name of baptism, but may have two sirnames.
Charles Cross, or course, was baptised Charles Lechmere in 1858/1859 ... after Ma Lechmere married Thomas Cross.
So, as much as he might have been fetched by the name Charles Cross, the expectation on him was to employ Lechmere at the inquest:
variance from such expectations, being considered a possible duplicitous act.
As for me, whatever his mates called him at the local pub was irrelevant. What is relevant was the surname he was associated with among his new neighbors on Doveton Street. If it was Cross, that would appear very weird to many people. He's not a 17 year old boy anymore; he's a husband married 18 years with 8 kids. Mr Lechmere was how he introduced himself to his Doveton neighbors.
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