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8J» 
 
8 • 2_^ 
 
 THE CONSTABLE'S GUIDE: 
 
 A SKETCH 
 
 or 
 
 THE OFFICE OF CONSTABLE. 
 
 BT 
 
 ADAM WILSON, Esq., Q.C. 
 
 The Constable hath as good authority in bis place as the Chief Justice hath in his. 
 
 Ptr PoPHAM, C. J., 1 RdOe's Rq), 238. 
 
 The Constible is one of the most ancient Officers in the realm toi: the con'jerration of the Peace 
 
 PtPH. 13.— 4 Itut, 265. 
 
 TOKONTQ: 
 
 \V C. CHEWETT & CO., PRINTERS, KING STREET. 
 
 1861. 
 

 I 
 
TO THE 
 
 POLICE F R C E 
 
 OF THE 
 
 CITY OF TORONTO, 
 
 THIS SKETCH 
 
 Which has bceu prepared with much pleasure (and to some cx'oiit :»s .1 
 
 matter of duty) for your use, and which iris* hoped in.i.v 
 
 be of some service to you in the performance of 
 
 your difiScult, responsible, and, many 
 
 times, dangerous duties, is 
 
 very cheerfully 
 
 DEIDlO^ft^TEID 
 
 To a body of men in whose condition, efficiency and weUan-, tlio I'ul^lic 
 are, and ought to be, greatly interested. 
 
 uv 
 
 THE MAVOH. 
 
 Toronto, 1S50. 
 
I 
 
 It 
 
I 
 
 
 CONTENTS. 
 
 1. 
 
 II. 
 
 III. 
 
 IV. 
 V. 
 
 VI. 
 VII. 
 VIII.- 
 IX. 
 X.- 
 XL 
 
 XIL— 
 
 XIIL- 
 
 XIV.- 
 
 XV. 
 
 XVI.. 
 
 XVII.. 
 
 XVIII. 
 
 XIX.- 
 
 XX.- 
 
 XXI.- 
 
 XXII.- 
 
 XXIII.- 
 
 XXIV.- 
 
 XXV.- 
 
 -(3ener*l History of the Offico of Constable ~ H 
 
 -The Office in thi.s Province Mi 
 
 -The Name 18 
 
 -In what Locality the Constable may Act IH 
 
 -The Constable a Conservator of the Peace iia well as a Ministerial 
 
 Officer 1!> 
 
 -Hia General Powers as such Conservator of the Peace 10 
 
 -His Duties 2:5 
 
 -What he may do without Warrant '2^t 
 
 -Difference between Acting Upon and Acting Without a Warrant AH 
 
 Respecting the Issuing and Executing the Warrant 4*.« 
 
 -General Statutory Provisions with respect to the Warrant and itu 
 
 Execution A) 
 
 General Statutory Provisions with respect, Al 
 
 1. To the Summons, in case of summary proceedings 54 
 
 2. The Distress Warrant M 
 
 3. The Summons in case of Felony r)5 
 
 4. As to Conveyance of Prisoners Sr* 
 
 ■What an Arrest is 67 
 
 ■As to Constables getting Confessions from Prisoners 58 
 
 -Protection of Constables OU 
 
 General Statutory Provisions respecting Constables M 
 
 ■General Requisites for, and respecting the Discipline and Conduct 
 
 of, the Force 7!> 
 
 Modern Improvements in the Police System 88 
 
 Arrangement of the Beats ^ 85 
 
 History of some Police Services Sti 
 
 •The Benefit of Photography 100 
 
 Providing Pensions for the Men 102 
 
 Providing Barracks for the Men lO.O 
 
 Providing Libraries for the Stations 105 
 
 List of Felonies 10<> 
 
 APPENDIX. 
 
 EXCELLENT ARTICLES TO BE READ IN DICKENS'S " IIOUSEnOLD WORDS." 
 
 No. 20— 10th August, 1850 ''A Detective Police Parti/." 
 
 No. 25— 14th September, 1850 " Three Detective Anecdotes." 
 
 No. 2G—2l8t September, 1860 ''Spy Police." 
 
 No. 57— 26th April, 1851 "The Metropolitan Proteetivea." 
 
 Besides the Extracts quoted in the body of this work. 
 
V 
 
 I 
 
> 
 
 A SKETCH 
 
 OF THE OFFICE OF CONSTABLE. 
 
 
 T. — General History op the Office op Constable. 
 
 The office of Constable was, and in many respects still is, so 
 different in this country from what it was and yet is in Eng- 
 land, that it may be well to point out some of the principal 
 grounds of difference. 
 
 In England, the office of Petit Constable was usually filled 4 Bi.c01n.273. 
 by election of the jury who attended the Court Leet of the com. Dig., 
 tithing, vill, or parish, and who were the same body as the " *' 
 freeholders and commorants of the locality : the Steward (JfiBi.com.366. 
 tbe Leet presiding as judge. The right of appointing a 
 constable belonged to every Court Leet ; and in the event of p^,^ , 537 
 there being no Court Leet held, the appointment was made by 
 two justices of the peace. 
 
 Every vill, township, and tithing was anciently entitled to a 
 constable ; and the language of the law was, that a constable ^ ^od. 13. 
 and a vill were correlative terms. But it is said that a con-^'i»°^e^e'> 
 
 James t. 
 
 stable cannot now be created unless by act of Parliament. oeen^x.R. 
 
 •' . . 232; Weath- 
 
 The constable was the principal man of the tithing, town, e»'i^«<M^ ▼• 
 or vill, which anciently consisted of ten freeholders, with East, lek 
 their families, and was, therefore, called a tithing. The higliiBi.Com.ii4. 
 constable was the officer appointed for the hundred, which iBi.Com.ii6. 
 consisted of ten of these tithings, and was, therefore, called e t. r. 228. 
 a hundred. The hundred was, in addition to other responsi- 
 bilities, held liable to parties who were robbed within it in the 
 day time, unless the robber was apprehended. This respon. *^^-^°"-^- 
 sibility made it very necessary there should be able and active S"' ^^^^^ 
 peace officers, and with great powers constantly employed. 
 1 
 
10 
 
 CONSTABLES* GUIDE. 
 
 WiUcock, 8. 
 80. 
 
 I 
 
 Oro.Car.685. 
 
 The King v. 
 (narke, 1 T. 
 R. 679. 
 
 The high constable had no control over the petit constable — 
 they euch moved in different spheres ; although the process 
 to the high constable was usually directed by him to the con- 
 stable of the particular locality to execute for him. 
 
 The person elected to serve as constable, was bound to 
 accept the office, or to find a deputy. In one case, an Alder- 
 man of London was appointed constable for a small manor in 
 Essex as an inhabitant of it : but it was held he was entitled 
 to be excused, because by his office of alderman he was com* 
 pelled to reside in London, and could not, therefore, serve in 
 The King V. Esscx. In another case, a Baronet was elected a constable in 
 3 A. &£!488'. Manchester : he declined to serve, and it was held he was 
 liable to be finec^ for his disobedience. And there is no doubt 
 that any one, whatever his rank may be, is bound to serve 
 n^J^^H'. t'^s oflSce if appointed to it, unless he can claim exemption 
 ^*' upon some special grounds, as by showing that he is in holy 
 
 i^.'absf' orders, or is a barrister, physician, surgeon, attorney, justice 
 underhmv. ^^ '^® peace, or that he fills some other incompatible office; 
 mus, 3E8p.^)ut i^Q may always excuse himself by appointing a deputy for 
 him, as before stated. 
 
 The constable, then, being anciently the head and principal 
 person of his own locality, and selected by his neighbours 
 because he was so, was the fittest person to be entrusted with 
 the very great powers which were committed to him as a 
 separate and independent functionary in the conservation of 
 . of the peace ; and this no doubt also was the reason why such 
 very great powers were conferred upon him. These powers 
 in fact, remain to this day, although the office has had added 
 to it so many inferior and merely ministerial duties, that the 
 primary functions are apt to be forgotten } and for this cause 
 the constable is more generally treated as the servant only of 
 the justice, than as possessing any inherent and independent 
 authority in himself : but this will be found, on a considera- 
 tion of the law relating to his office, to be a very serious 
 mistake. 
 
 The old law relating to Constables in England has of late 
 years' however, been very much altered and improved. The 
 elections at the Court leet are entirely abolished, and all 
 
 i 
 
 I 
 
constables' guide. 
 
 11 
 
 instable 
 le process 
 
 the con- 
 bound to 
 an Alder- 
 
 1 manor in 
 as entitled 
 3 was com- 
 e, serve in 
 onstable in 
 jld he was 
 is no doubt 
 id to serve 
 
 exemption 
 e is in holy 
 ley, justice 
 ;ible office j 
 b deputy for 
 
 id principal 
 
 neighbours 
 
 ;rusted with 
 
 him as a 
 servation of 
 )n why such 
 lese powers^ 
 s had added 
 ies, that the 
 )r this cause 
 vant only of 
 independent 
 a considera- 
 very serious 
 
 1 has of late 
 n'oved. The 
 bed, and all 
 
 1 
 
 appointments are now made by Justices of the Peace, or by 
 the Chief of Police, under a variety of statutes which regulate 
 the office. 
 
 The following are the Imperial Statutes which may be use- 
 fully referred to : 
 
 By the Municipal Corporations Act of 5 & 6 Wm. IV. c. 70, 
 The Watch Committee is authorised to appoint the Consta- 
 bles for boroughs, who may nevertheless act for the v lole 
 county, and fo^ every county within seven milta of any 
 part of the boroagh (sec. 76). 
 The C ' i3table so appointed are also, when attending the 
 watch-house at night, empowered to take hail hy recog- 
 nizance from parties charged with petty misdemeanours, 
 conditioned for the appearance of the party before a 
 magistrate within two days (sec. 79). 
 
 Note. — It may be necessary to say here, as I have said hereafter, 
 that Constables in this province can exercise no such power. 
 
 By the 2 i& 3 Vic. c. 93, 
 
 It is provided, that if the Justices in Quarter Sessions are 
 of opinion the ordinary officers appointed for preserving 
 the peace in the county, or in any division of it, except- 
 ing boroughs, are not sufficient for the purpose, such 
 number shall be appointed, not exceeding one man for 
 every one thousand of the inhabitants (sees. 1, 19 & 24). 
 
 And on the appointment of Constables under this Act, the 
 power to appoint them for the hundred, or for any parish 
 or place, excepting for boroughs, shall cease (sec. 25). 
 
 By the 3 & 4 Vic. c. 88, 
 
 The boroughs may consolidate their Police with the coun- 
 ties (sec. 14). 
 
 The Justices in Petty Sessions may appoint loccd or paro- 
 chial Constables for any parish, township, or place, who 
 shall have power to act in the whole county, although 
 they shall not be bound to act beyond their own particular 
 parish, township, or place (sec. 16). 
 
 The Justices in Quarter Sessions may divide the county, or 
 any part of it, into police districts, an they may then 
 appoint Constables for such districts; but the Constables- 
 
T 
 
 u 
 
 12 
 
 ^ i| 
 
 ji 
 
 See Regina 
 T. AwtA, 12 
 Q. B., N.S., 
 884, decided 
 on this 
 statute. 
 
 CONSTABLES GUIDE. 
 
 shall also be liable to serve for the whole county (sees. 
 27, 28). 
 
 By the 5 & 6 Vic. c. 209, 
 
 The Justices in Petty Sessions, in their several divisions, 
 are to choose the parochial or common law Constables 
 (sees. 1 and 11). 
 
 And such Constables may still find a substitute to serve for 
 them (sec. 12). 
 
 The Justices may also, on resolution of the Vestry, appoint 
 paid Constables, who shall hold their oflSce until resigna- 
 tion or dismissal (sees. 18 and 19). 
 
 And it is also provided that no Constable shall, after the 
 passing of this Act, be appointed in courts leet or in the 
 tourn, except for the performance of duties unconnected 
 with the preservation of the peace (sec. 21). 
 
 By the 19 & 20 Vic. c. 69, 
 
 Where a constabulary is not already established for the whole 
 county, the Justices in Sessions are to establish it (sees. 
 1 and 3). 
 
 The county and borough constabulary may be consolidated 
 (sec. 5). 
 
 County Constables shall have the same power in boroughs 
 which Borough Constables have in counties (sec. 6). 
 
 On a certificate to the Secretary of State that an efficient 
 police has been established in any county or borough, one- 
 fourth of the charge for pay and outlay shall be borne by 
 the government (sec. 16). 
 
 Until the Constables appointed for any parish, town or place, 
 are discontinued as a separate force, all the provisions of 
 this Act applicable to Constables acting under the 5 & 6 
 Wm. IV. c. 76, shall be applicable to other Constables so 
 appointed for such parish, town, or place (sec. 18). 
 
 The 20 Vic. c. 2, relates also to the same subject. 
 
 There are many other important provisions contained in 
 these Acts than those jiist quoted, but as they have no parti- 
 cular application at present to the office in this province, it 
 will be unnecessary to give them ; an exception, however, will 
 be made in a later part of the work in favour of the superan- 
 
 I 
 
CONSTABLES* GUIDE. 
 
 18 
 
 lunty (sees. 
 
 1 divisions, 
 Constables 
 
 to serve for 
 
 try, appoint 
 itil xGsigna- 
 
 11, after the 
 let or in the 
 inconnected 
 
 ar the whole 
 lish it (sees. 
 
 consolidated 
 
 in boroughs 
 sec. 6). 
 an efficient 
 trough, one- 
 be borne by 
 
 )wn or place, 
 provisions of 
 sr the 5 & 6 
 /onstables so 
 
 3. 18). 
 
 ict. 
 
 contained in 
 ive no parti- 
 province, it 
 lowever, will 
 the superan- 
 
 I 
 
 nuating clauses, because it is conceived a similar system of 
 pensions ought to be and must yet be adopted here before we 
 can hope to make our constabulary as effective a body as the 
 peace of society certainly demands. 
 
 It appears then that the old Parochial Constable is not even 
 yet wholly dispensed with in England, if the Justices still 
 choose to call him into operation. It is likely however that 
 this remnant of a bygone day will soon be swept away, like 
 many other remnants, which, however useful for their time, are 
 but ill adapted to the present exigencies ; this ancient officer, 
 and probably for the last time, was treated by the Court in 
 the following terms. 
 
 Lord C. J. Campbell said, " One of the greatest improve- 
 ments of my time has been the appointment of paid Consta- 
 bles for the preservation of the peace ; men properly qualified 
 and devoting themselves to that duty, in place of the old 
 system of Parochial Constables. It was the intention of the^^-^^yj^ 
 Legislature, in passing the late statutes, which made it com- STsH^uy, 
 pulsory on the Justices of the County in Sessions to establish y^"*'- ^•^■ 
 a police force throughout the county, that these Constables 
 known as the rural police should be appointed j and unless it 
 was necessary to keep up the old system of Parochial Consta- 
 bles, they were not to be appointed. Still a power is preserved 
 under the 5 & 6 Vic. c. 109, to put that Act into operation 
 whenever it would in the opinion of the Justices be advan- 
 tageous to the public." 
 
 The Metropolitan Police are constituted for the City of 
 Westminster, and for such parts as are contained in a schedule 
 of the Counties of Middlesex, Surrey, Hertford, Essex, and 
 Kent, and also for Bptkshire and Buckinghamshire. 
 
 The statute 10 Geo. IV. recites, that " Whereas offences 
 against property have of late increased in and near the Metro- 
 polis, and the local establishments of ni 'atly watch and 
 nightly police have been found inadequate to the prevention c. 44 ;i9vi>. 
 and detection of crime, by reason of the 'requent unfitness of"' ^' 
 the individuals employed, the insufficiency of their number, 
 the limited sphere of their authority, and their want of con- 
 nection and co-operation with each other : and whereas it is 
 
I 
 
 t^ «^5^ 
 
 
 14 constables' guide. 
 
 expedient to substitute a new and more efficient system of 
 police in lieu of such establishments of nightly watch and 
 nightly police, within the limits herein mentioned, which, 
 acting under the immediate authority of one of his Majesty's 
 principal Secretaries of State, shall direct and control the 
 whole of such new system of police within these limits." 
 The statute, among other enactments, imposes a penalty on 
 publicans harbouring policemen during the hours of duty 
 (sec. 6). 
 It declares that the powers of the police shall be to appre- 
 hend all loose, idle and disorderly persons, whom they 
 shall find disturbing the public peace, or whom they have 
 just cause to suspect of any evil designs, and all persons 
 whom they shall find between sunset and eight in the 
 forenoon lying in any highway, yard, or other place, or 
 loitering therein, and not giving a satisfactory account of 
 themselves, and to deliver any person so apprehended 
 into the custody of the Constable appointed under this 
 Act, who shall be in attendance at the nearest watch- 
 house, to be dealt with according to law ; or the Con- 
 stable may, if he shall deem it prudent, take bail by 
 recognizance for the appearance of the party (sees. 7 & 9) 
 And it enacts that rewards may be given for extraordinary 
 diligence or exertion, or as a compensation for wounds or 
 severe injuries received in the performance of their duty, 
 or as an allowance to such of them as shall be disabled 
 by bodiJy injury received, or be worn out by length of 
 service (t^ec. 12). 
 The 2 & 3 Vic. c. 47, contains the following enactments : 
 It abolishes, within the Metropolitan District, the appoint- 
 ment of Constables at the courts leet (sec. 1). 
 It directs, unless it be necessary for the due execution of 
 warrants that they should be executed without delay, that 
 the Constable to whom they are directed shall deliver 
 them to the superintendent or superior officer, who shall 
 by indorsement thereon appoint one or more Constables 
 to execute the same ; and it declares that the Constable 
 whose name is endorsed thereon shall have the same 
 
 M 
 
C0NSTABEL8* GUIDE. 
 
 15 
 
 lent system of 
 tly watch and 
 tioned, which, 
 ' his Majesty's 
 id control the 
 e limits." 
 5S a penalty on 
 e hours of duty 
 
 ill be to appre- 
 is, whom they 
 hom they have 
 and all persons 
 i eight in the 
 other place, or 
 tory account of 
 
 apprehended 
 ted under this 
 
 nearest watch- 
 j ', or the Con- 
 it, take bail by 
 ty(secs. 7&9). 
 r extraordinary 
 
 1 for wounds or 
 e of their duty, 
 lall be disabled 
 t by length of 
 
 g enactments : 
 ct, the appoint- 
 .1). 
 
 ue execution of 
 hout delay, that 
 ;d shall deliver 
 fficer, who shall 
 iiore Constables 
 t the Constable 
 have the same 
 
 powers in executing them as if they had been originally 
 directed to him (sec. 13). 
 
 It declares that Constables shall not resign without leave, or 
 without giving one month's notice. 
 
 It imposes a penalty for the unlawful possession of accou- 
 trements, or for assuming the dress of Constables, for 
 any unlawful purpose (sec. 17). 
 
 It provides a superannuation fund for the force (sees. 22 
 &23). 
 
 It authorises a Constable to take, without warrant , any 
 person who in his view oiFends against the Act, and 
 whose name and residence are unknown to and cannot 
 be ascertained by him (sec. 63). 
 
 Also to take without warrant all loose, idle and disorderly 
 persons, whom the Constable finds disturbing the public 
 peace, or whom he has good cause to suspect of having 
 committed, or being about to commit, any felony, misde- 
 meanor, or breach of the peace; and also all persons 
 whom he shall find between sunset and eight in the 
 morning lying or loitering in any highway, yard, or other 
 place, and not giving a satisfactory account of themselves 
 (sec. 64). 
 
 Also all persons charged with recent assaults, although 
 not within view of the Constable (sec. 65). 
 
 And also all persons found committing any offence punish- 
 able, either upon indictment or as a misdemeanor on 
 summary conviction, by this Act. 
 
 And it authorises the Constable to take bail by recognizance 
 if he pleases, for the appearance of the party arrested 
 (sec. 70). 
 
 The English Police, then, appears now to be divided into 
 
 1. The London. 
 
 2. The Metropolitan. 
 8. The Borough j and 
 4. The Rural Police. 
 
 The first guards the Metropolis. 
 
 The second the country for a distance of 15 miles round 
 tke Metropolis. 
 
Tn^*r 
 
 iti 'I 
 
 16 CONSTABLES* GUIDE. 
 
 The third, the other cities and boroughs ', and 
 
 The fourth, the smaller villages and country districts. 
 
 I have thought it right to state 'rather fully the original 
 constitution of the oflSce of Constable in England, and the 
 changes whicb of late years have been made respecting it, 
 and to show that the appointment of Constables both in this 
 country and in England is now made by authority of acts of 
 Parliament alone ; and in neither case, excepting with respect 
 to the common law or Parochial Constables, under 5 & 6 Vic. 
 c. 109, is a substitute spoken of or apparently allowable ; but 
 with respect to the Parish Constables, in the statute just re- 
 ferred to, that common law however is not taken away, but has 
 been expressly reserved to him as fully as he enjoyed it at the 
 common law. I have also made reference to these acts with 
 the further view that, if it should be thought desirable to make 
 any changes in our own police system, by improving it for the 
 different municipal localities — or, what would be far better, by 
 adapting it according to some well devised plan and system, 
 for the whole province — these suggestions and references may 
 enable some one to prepare and propound a scheme to place 
 the general constabulary of the province on a more uniform 
 and perfect basis than it now rests, and nothing it is conceived 
 is more required or can be more desirable. 
 
 II. — The Office in this Province. 
 
 In this Province, the office of constable is created by statute 
 alone ; but the officer no doubt is the same person, and pos- 
 sesses the same powers and authorities which the constable in 
 England possesses, for it was one of the distinctive features in 
 all our legislation to assimilate our laws and institutions to the 
 pattern which we had before us in the laws and institutions of 
 England; and, in copying them, we did not fail to introduce 
 the constable as the type of peace and order in social life. 
 
 Our statute law is very short and simple on the subject. 
 
 The first enactment is that contained in the 33 Geo. III. cap. 
 
 2 sec. 10, which provides that " the justices of the peace in 
 
 quarter sessions, in March in each year, shall appoint a discreet 
 
 ^16.""" 'and proper person to serve the office of high constable in each 
 
 ,^s' 
 
(CONSTABLES' GUIDE. 
 
 17 
 
 nd 
 districts. 
 
 ly the original 
 
 igland, and the 
 
 e respecting it, 
 
 es both in this 
 
 ority of acts of 
 
 ng with respect 
 
 ider 5 & 6 Vic. 
 
 allowable; but 
 
 statute just re- 
 
 sn away, but has 
 
 n joyed it at the 
 
 these acts with 
 
 esirable to make 
 
 "oving it for the 
 
 36 far better, by 
 
 in and system, 
 
 references may 
 
 Scheme to place 
 
 a more uniform 
 
 g it is conceived 
 
 [NCE. 
 
 eated by statute 
 )erson, and pos- 
 the constable in 
 jtive features in 
 stitutioDs to the 
 I institutions of 
 ail to introduce 
 social life, 
 on the subject. 
 ! Geo. III. cap. 
 of the peace in 
 )point a discreet 
 )nstable in each 
 
 district, and a sufficient number of persons, as in their discre- 
 tion might seem necessary, to serve the office of constable in 
 each parish, township, or place; and that such persons, before 
 entering upon the duties of their office, should take the follow- 
 ing oath before a justice of the peace : 
 
 " You shall well and truly serve our Sovereif^n in the 
 
 oflSce of for the of , for the year ensuing, according 
 
 to the best of your skill and knowledge. So help you God." 
 
 Afterwards, upon the incorporation of this city, in the year 
 1834, by 4 Wm. IV., c. 23 s. 22, the city council was autho- 
 rised to establish and regulate a city watch, and to prescribe 
 the powers of the watchmen, and to regulate the police of this 
 city ; and by s. 53, on the third Monday of February in each 
 year, to appoint one high bailiff for the city, who should hold 
 his office for one year, and until the appointment of his suc- 
 cessor ; and by s. 67, to employ as many constables as might 
 seem necessary and proper, and to pay them such sum per 
 annum for their services as might appear just. The law con- 
 tinued so until the year 1849, when, by 12 Vic. c. 81, s. 74, 
 cities and towns were authorised to appoint one chief constable 
 and one or more constables for each ward, who should hold their 
 offices during the pleasure of the council ; and by s. 88, cities 
 were also required to appoint annually a high bailiff, and it 
 was further provided that the offices of high bailiff and of chief 
 constable might be held by the same person. 
 
 By the late Municipal Act, 22 Vic. c. 99 s. 370, the board 
 of commissioners of police in cities is now authorised to appoint 
 a chief constable and as many constables and other officers and 
 assistants as the council may from time to time deem necessary, 
 but not less in number than the board shall report to be 
 absolutely required, who shall hold office at the pleasure of the 
 board. The board of commissioners of police, then, appoint the 
 constables for cities ; the municipal council, for towns ; and 
 the magistrates in quarter sessions, for villages, townships, and 
 all other places. 
 
 Before leaving this part of the subject relating to the office 
 of constable in this Province, it may be well to say, that 
 although it is settled law in England that a person appointed 
 
WW 
 
 1 
 
 I 
 
 iMii 
 
 18 
 
 >M i I 
 
 II 
 
 
 i Bl.Com.365. 
 
 constables' guide. 
 
 to be a parish constable may excuse himself from serving the 
 office, by appointing a deputy, or, more properly, a substitute 
 for him; and although it is also true that in England the 
 parish constable may, in case of sickness or other emergency, 
 appoint a deputy to perform a temporary or some special ser- 
 vice in his stead, yet it by no means follows that such a rule 
 applies in this Province, even with respect to the township 
 constable, far less with respect to the police constable. It 
 would also seem clear — however the right may exist in the 
 township or police constable to avoid service altogether, by 
 finding an acceptable substitute — that neither the one nor the 
 other, and more particularly not the police constat e, can, 
 while holding the office of constable, appoint a deputy at any 
 time or for any purpose to serve in his stead. 
 
 I would advise, then, that no constable appoint, or attempt 
 to appoint, a deputy ; and, I may say, that I think no police 
 constable ean do so. 
 
 Ill — Name. 
 
 The name of constable shows the antiquity and importance 
 of the office in former times : it is said to be derived from the 
 two Latin words comes stabuli, and signifies knight or count 
 of the stable, or, what may now be called, master of the horse. 
 The name had its origin from the duties the constable had 
 originally to perform in matters pertaining to chivalry, tilts, 
 and tournaments : we now understand by the term a much 
 more useful officer, and one in a much humbler sphere than 
 his predecessor. 
 
 IV. — In what Locality he may Act. 
 
 The constable is a local officer, that is, he is appointed a 
 peace officer for a certain locality, as for a parish, township, or 
 place, by the 33 Geo. III. as before cited, or for a city, town, 
 or village, under the Municipal Act. The term p^ce in the 
 statute, for which a constable may be appointed, is a very 
 vague expression. Probably it might have authorized the 
 justices in quarter sessions before the Municipal Act to have 
 appointed them for the county, although none were ever other- 
 
 lU 
 
constables' guide. 
 
 19 
 
 from serving the 
 
 iriy, a substitute 
 
 in England the 
 
 )ther emergency, 
 
 some special ser- 
 
 that such a rule 
 
 to the township 
 
 ;e constable. It 
 
 may exist in the 
 
 e altogether, by 
 
 ' the one nor the 
 
 consta) e, can, 
 
 a deputy at any 
 
 )oint, or attempt 
 [ think no police 
 
 and importance 
 derived from the 
 
 knight or count 
 iter of the horse, 
 le constable had 
 chivalry, tilts, 
 le term a much 
 bier sphere than 
 
 ^^ Act. 
 
 } is appointed a 
 sh, township, or 
 for a city, town, 
 irm place in the 
 nted, is a very 
 authorized the 
 pal Act to have 
 (eere ever other- 
 
 I 
 
 22 Vic. c. 99, 
 
 wise appointed than for the township. This gave rise to the ^^"Yb 
 question whether when a statute authorized any constable of the ^- ^- C- 294. 
 district to make an arrest, a constable within the district could 
 make it, there being no such person as the constable of or for 
 the district. The court, however, held that as there was no 
 such person as the constable of a. district, any constable within 
 the district might rightly act. 
 
 More will be said on this subject when the Warrant is 
 treated of; at present it is sufficient to say that no constable 
 of the city can act as a peace officer beyond the city without a 
 warrant, but with a warrant — if the same be rightly addressed — Tm' 
 issued by a magistrate of the city, who is by statute a magis- 
 trate of the united counties within which the city is situate, 
 he may act anywhere within the magistrate's jurisdiction. 
 
 V. — The Constable is a Conservator op the Peace, , - .♦ o«= 
 
 -- ^-, ' * Inst. !2u5. 
 
 AS WELL AS A MINISTERIAL OFFICER. 
 
 A constable is a conservator of the peace by the common law. 
 
 He was originally ordained to repress felons and to keep the wct^'^con. 
 peace. He has two diflPerent functions to perform: Firstly, ****''®'"^^^^" 
 original, as a conservator of the peace; and. Secondly, minis- ^^•^•^•^®' 
 terial, as the server of precepts, &c., of magistrates, &c., &c. 
 
 VI. — His General Powers as such Conservator 
 of the Peace. 
 
 When he is acting as a conservator of the peace, that is, 
 when he is exercising his own original and inherent functions, 
 he may act without a warrant ; and as such conservator he 
 has very great and extensive powers. Many instances will be 
 given hereafter, when and how far he may act without warrant, 
 and when he must proceed only by warrant. At present, 
 however, it may be convenient to give a short summary of the 
 general nature of his powers as a conservator of the peace. 
 
 By the 22 Vic. c. 99 s. 379, it is declared he shall be 
 charged, 
 
 1. With the special duties of preserving the peace ; 
 
 2. Preventing robberies and other felonies and misdemean- 
 
 ours; and, 
 
ii! 
 IP 
 
 20 
 
 4Bl.Coni32. 
 
 Cmipley v. 
 Harlf.y, 2 
 £sp. &40. 
 
 II. P.O. 92-03. 
 
 Willcock, 8. 
 98. 
 
 Willcock, 8. 
 
 98. 
 
 n. p. c. 1S6. 
 
 McCloughan 
 V. Clayton, 1 
 Holts N. P.O. 
 
 478. 
 
 Willcock, B. 
 95. 
 
 CONSTABLES' GUIDE. 
 
 8. Apprehending offenders; and that 
 
 4. He shall have generally all the powers and privileges, 
 and be liable to all the duties and responsibilities which 
 belong by law to constables duly appointed. 
 
 It is also said by a very high authority, that the constable 
 has great original and inherent power with regard to arrests : 
 that he may arrest any one for a breach of the peace commit- 
 ted in his view, and carry him before a justice ; and in case of 
 felony actually committed, or a dangerous wounding whereby 
 felony is likely to ensue, he may, upon probable suspicion, 
 arrest the felon, and that for such purpose he is authorised, as 
 upon a warrant, to break open doors, and even to kill the 
 felon if he cannot otherwise be taken. 
 
 Many of his other powers are as follows : 
 
 1. He may arrest any one suspected upon a complaint of 
 
 felony committed, or he may, after demand of admit- 
 tance and refusal, break into a house to arrest in such 
 a case. 
 
 2. Ho may arrest, on complaint, him that tlirealens death. 
 
 3. It is said he may, in some cases, take surety from or 
 
 for the party arrested for his appearance before a 
 magistrate — he may certainly, after arresting upon a 
 suspicion of felony, discharge the party altogether, if 
 he find his suspicion groundless. So, if he arrest in 
 consequence of its appearing that a dangerous wound 
 has been inflicted, likely to end in felony, he ought not 
 to detain the party if, on examination, it is evident 
 the wound is not dangerous. And it would seem, 
 if he can discharge absolutely in such cases, there 
 can be no good reason why he should not be able to 
 discharge in a more qualified manner, namely, by 
 taking security from the party, or from other persons 
 for him, for his appearance before a magistrate, as the 
 condition of his being discharged ; and particularly in 
 a case where, although it cannot be said there is no 
 evidence against the party, it is nevertheless so slight, 
 that it may be doubtful whether any charge can be 
 maintained against him. It is clear, however, that a 
 
 « ; 
 
constables' guide. 
 
 21 
 
 ad privileges, 
 bilities which 
 (d. 
 
 the constable 
 rd to arrests : 
 eace commit- 
 ind in case of 
 ling whereby 
 )le suspicion, 
 luthorised, as 
 n to kill the 
 
 complaint of 
 nd of admit- 
 irrest in such 
 
 'ateiis death, 
 irety from or 
 »ce before a 
 sting upon a 
 altogether, if 
 * he arrest in 
 ;erous wound 
 he ought not 
 it is evident 
 would seem, 
 cases, there 
 Dt be able to 
 namely, by 
 )ther persons 
 strate, as the 
 articularly in 
 I there is no 
 ess so slight, 
 large can be 
 yever, that a 
 
 constable cannot take a recognizance, or any obligation 
 to keep the peace : and I recommend also that no con- 
 stable shall ever take security from any one who has 
 been arrested or who ought to be prosecuted ; for that 
 constt\ble will best perform his duty who does not, 
 in any case, allow a party against whom there is the 
 slightest suspicion, to go at large, upon any security or 
 upon any oflFer of security, without the interposition of n. p. c. 136. 
 a magistrate, for his general duty is " to take all wrong Rex v. 
 doers before a magistrate ;" and he should know that if sm. **' 
 he wrongly discharge a prisoner committed to his 22 vie. c. 99, 
 custody, he may be indicted for his misconduct. 
 4. He may, however, by statute take security from the com- 
 plainant that he will appear and prosecute under the 
 following circumstances : 
 
 (1.) If a complaint is made to the constable that any 
 breach of the peace has been committed ; and, 
 
 (2.) If he have reason to believe that such breach was 
 committed (although not in his presence) ; and, 
 
 (3.) That there is good reason to apprehend the arrest of 
 the person charged is necessary, 
 (a) To prevent his escape ; 
 (6) To prevent a renewal of the breach of the peace j 
 
 8. 371. 
 
 or. 
 
 (c) To prevent immediate violence to person or pro- 
 perty. 
 
 Then the officer may take satisfactory security from 
 the person complaining that he will, without delay, 
 appear and prosecute the charge before the police 
 magistrate, or before the mayor or sitting justice ; 
 and he may also then, without warrant, arrest the 
 person charged, in order to his being conveyed, as 
 soon as conveniently may be, before the magistrate, 
 mayor, or justice, to be dealt with according to 
 law. 
 
 5. He may make proclamation that affrayers do depart. h. p. 0.92. 
 
 6. He may, on fresh pursuit, follow an affrayer into another wnicock, s, 
 
 county. 
 
 84. 
 
22 
 
 constables' guide. 
 
 II. p. 0.130. 
 
 I Inst. 168. 
 
 Wllleock, B. 
 81. 
 
 Jac. Law 
 Dicty. "Af- 
 fray." 
 
 6 0. 4P.723 
 
 Jacob's Law 
 Dlcty. "Con- 
 fltable." 
 Willcock, 8. 
 80. 
 
 Willcock, 8. 
 87. 
 
 2 H. P. 0.95- 
 
 97. 
 
 Reg V. Preh- 
 
 ble, 1 r. 4 F. 
 
 825. 
 
 Willcock, 8. 
 140. 
 
 H. P. 0. 136. 
 
 7. He may break open a house to which an affrayer has 
 
 fled, to take him. Here and everywhere else when it 
 said a house may be broken, it is to be understood that 
 can only be done, 
 (1.) Afler demanding admission ; 
 (2.) After acquainting the inmates of tho object of the 
 
 demand; and, 
 (3.) Upon being refused admission, for not until then 
 can any house be forcibly broken. 
 
 8. He may break open the house, if refused admission, in 
 
 which an affray is going on. Affray, signifies to 
 affright ; an affray, is said to be a skirmish or fighting 
 between two or more to the terror of the public j 
 and there must be a stroke given or offered, otherwise 
 it is not an affray : but it appears if a man arm himself 
 with dangerous and unusual weapons, as naturally to 
 cause terror to the people, it will be an affray, although 
 there be no actual violence ; but quarrelsome or threat- 
 ening words will not make an affi*ay, and, therefore, 
 it is not allowable to lay hands on another for merely 
 quarrelling with angry words, in such a case the con- 
 stable should admonish them to refrain. If they do 
 not refrain, and if the words are urging or intended to 
 lead to a breach of the peace, it would seem the parties 
 may be arrested, as for a breach of the peace and a 
 nuisance. 
 
 9. He may arrest one who opposes or insults him in the 
 
 execution of his duty, although only by words. 
 
 10. He may, after demand and refusal, break into a house, 
 
 and particularly a tavern, to put a stop to any noise or 
 disorderly drinking which may be going on there at an 
 unseasonable hour of the night : but drinking at a late 
 hour is not illegal, when there is no nuisance or dis- 
 turbance, or any danger thereof. 
 
 11. He may arrest any one unknown to him, and take him 
 
 before a magistrate, for profanely swearing or cursing 
 in his presence. 
 
 12. He may arrest for prevention of felony. 
 
CONSTABLES QUIDS. 
 
 28 
 
 n affrayer has 
 e else when it 
 oderstood that 
 
 object of the 
 
 dot until then 
 
 admission, in 
 y, signifies to 
 ish or fighting 
 )f the public ; 
 sred, otherwise 
 m arm himself 
 SIS naturally to 
 ffray, although 
 lome or threat- 
 md, therefore, 
 her for merely 
 I case the con- 
 i. If they do 
 or intended to 
 em the parties 
 e peace and a 
 
 ts him in the 
 
 words. 
 
 i: into a house, 
 
 ,0 any noise or 
 
 on there at an 
 
 aking at a late 
 
 uisance or dis- 
 
 and take him 
 ing or cursing 
 
 4 
 
 13. He may arrest one for selling wares, or using unlawful JJ^^J^)|j j, 
 
 sports on Sundays. 
 
 14. He may arrest any one for playing with ta>se dice, or sir w. Jones 
 
 committing any other indictable fraud v.d'ecting the com. nig. 
 
 ... "I'lender," 
 
 public. 3 M. 22. 
 
 15. He may arrest any one for keeping a common gaming Rex t. Hon- 
 
 house ; for it is a nuisance and a misdemeanour. ^'2; jiext'. 
 
 Taylor, 3 B. & 0. 602; Eexr. Dixon, 10 Mod. 336; Leach's O.C. 548; 1 Hawk 
 P.O. c. 25, 8. J. 
 
 16. And so also for cock fighting: for it is illegal and i Rush. 300. 
 
 . ,. ,, , & S> b Bac.Abr. 
 
 indictable at the common law. "Gaming"A- 
 
 17. He may arrest night walkers, and persons who frequent 11. p. c. 93, 
 
 bawdy houses, that is, he may arrest persons found 2 Bur. 864 
 misdoing; but he cannot take up a woman of ill-fame 
 on mere suspicion, who is not misconducting herself. 
 A woman found between one and two in the morning, 
 who is a loose, idle, lewd, and disorderly person, and a 
 common street walker, and who is behaving herself 
 riotously, and walking the streets to pick up men, may 
 be arrested without warrant, and kept in custody until 
 she can be taken before a magistrate. 
 These are many of the powers of the constable; and 
 although it is not pretended to give them all, it is very proba- 
 ble this list will be found to contain the principal of them. 
 
 VII — His Duties. 
 
 It will be needless to repeat many of the duties of the con- 
 stable which are to be inferred from the list of his powers : 
 for instance, when it is said he may arrest to prevent felony, 
 it necessarily follows that it is his duti/ so to do ; and it would 
 be impossible without needless repetition, to set out his powers 
 in one place, and his duties in another, as they run so fre- 
 quently into and side by side of each other. 
 A few of his general duties may be stated as follows : 
 1. He must execute within his locality all process of the Com. nig. 
 justices directed to him, when the justices have juris- iStOk-ssi. ' 
 diction in the place, and over the matter contained in 
 the warrant. 
 
1 
 
 ll! 
 
 24 
 
 1 Salk.381. 
 
 Com. Dl(?. 
 "Leet,"M.10, 
 
 Stncl-tn V. 
 Oarttr, 4 C. 
 & P. 477. 
 
 lDI.Coin.S50, 
 
 11 Geo. II. c, 
 10 a. 7. 
 
 Imrason y. 
 Cbpif, 6 C. & 
 P. 103. 
 
 WrigJU T. 
 CbuW, 4 B. A 
 C. 590. 
 
 Osborne, v. 
 I'eite/t, 1 F. A 
 F. 317. 
 
 CONSTABLES' GUIDE. 
 
 2. He must certify what he has done upon every warrant ; 
 
 but he ought not to give it up, for it is his protection. 
 
 3. He should make outcry and pursue, till taken, any one 
 
 making resistance with force. 
 
 4. He should call out and give warning to the public at any 
 
 large gathering, if he see thieves or other suspicious 
 characters about, to beware of them. 
 
 5. He must keep watch and ward : ward being applied to 
 
 the day, and watch to the night time. 
 
 6. He must aid landlords in the daytime to break open any 
 
 house to which the goods of a tenant have been clan- 
 destinely removed, and are fraudulently concealed; 
 but if such place is a dwelling house, oath must first 
 bo made before a magistrate of there being reasonable 
 ground to suspect that the goods are concealed there. 
 
 7. He should use all reasonable force to keep back the peo- 
 
 ple crowding forward to a place which has to be kept 
 clear ; but he must not strike any one a blow to make 
 him stand back, when such person cannot get back in 
 consequence of the pressure behind him. 
 
 8. He should treat without unnecessary hardship or 
 
 restraint, and should not handcuflF anv one when ho 
 has no reason to fear an escape, and when the person 
 is behaving peaceably : he is very reprehensible if he 
 do so J and 
 
 9. He should observe all the regulations laid down for his 
 
 guidance by his superiors. 
 
 It has long been complained of that such powers should be 
 committed to constables, and it has been said, that it is better 
 they should be kept in ignorance of them, than know what 
 they are. 
 
 In 1 Bl. Com. 355, it is said : " Of the extent of which 
 powers, considering what manner of men are for the most part 
 put into these offices, it is perhaps very well that they are 
 generally kept in ignorance." But this has been well answered 
 by the editor, who adds, in a note, " If their powers are dan- 
 gerous, they ought to be curtailed by the Legislature, but 
 surely every officer ought ; j know the extent of his duty 
 and authority." 
 
 
 "I 
 
 Li 
 
i 
 
 very warrant j 
 bis protection, 
 aken, any one 
 
 5 public at any 
 her suspicious 
 
 iing applied to 
 
 ireak open any 
 ive been clan- 
 tly concealed; 
 oath must first 
 ling reasonable 
 icealed there. 
 ) back the peo- 
 has to be kept 
 I. blow to make 
 lot get back in 
 
 hardship or 
 
 one when he 
 
 len the person 
 
 shensible if he 
 
 i down for his 
 
 ivers should be 
 hat it is better 
 an know what 
 
 :tent of which 
 r the most part 
 1 that they are 
 well answered 
 owers are dan- 
 Bgislature, but 
 of his duty 
 
 constables' guide. 25 
 
 VIII. What the Constable may do without Warrant. 
 
 Firstly — In case of a breach of the peace or other offence 
 less than felony : Secondly — In case of felony : Thirdly — As 
 to breaking open outer doors, windows, «fcc. ; and, Fourthly — 
 As to arresting on Telegrams. 
 
 Firstly — In case of a breach of the peace or other offence 
 less tlian felony. 
 
 The constable is bound to take up any one committing a 
 breach of the pcaco in his view — ho may, also, when there 
 has been a breach of the peace, though not in his presence, 
 and in order to prevent a renewal of it, arrest one whom he 
 has good reason to think is about to break it — but when no 
 breach of the peace has taken place in his view, and there is 
 no likelihood of its being broken, ho cannot, either at his own 
 instance, or on the complaint of any one, arrest without a 
 warrant, unless under our statute, when he must take security 
 from the complainant for his appearance to prosecute — neither 
 can he receive any person from another, who has been arrested 
 by that other for an alleged breach of the peace, unless at his 
 own risk, that is, if the party taken have broken the peace, the 
 constable will be right in receiving hira into his custody ; but 
 if he have not, the constable will be liable in taking him, in 
 like manner as the other will who delivered him to the con- 
 stable. The general rule, therefore, for the constable is, never 
 to arrest or receive any one into his custody for any offence 
 less than felony, unless, 
 
 1. The constable has either seen the offence committed ; or, 
 
 2. Fears a breach of the peace ; or, 
 
 3. Unless he is required to do so by the complainant, upon 
 
 security being given as aforesaid. 
 
 The following decisions will exemplify the general rule as 
 to arrests for offences less than felony. 
 
 Several officers of the Guards, including the defendant, in Onoie v. 
 were ringing and knocking at many of the doors at Eton, andoc. &p.74i. 
 making a dis'^urbance at or about midnight — the high con- 
 stable begged them to go home, but instead of doing so, they 
 continued the disturbance for nearly three hours — about 
 three in the morning, while the plaintiff was looking out of 
 G 
 

 {. 
 
 26 
 
 constables' Gumir. 
 
 i i 
 
 In Fi)x T. 
 Gaunt, 3 B. 
 & Ad. 798. 
 
 his window, the high constable asked him to assist in taking 
 the parties into custody — the plaintiflE" came out whett one 
 White desired the defendant to go home : the defendant said, 
 " If you do not leave me alone, I will knock your brains out, 
 or give you a good ducking." Plaintiff and White laid hold 
 of the defendant to take him to the cage, and when near the 
 cage door, all three fell over a heap of rubbish, when the 
 defendant kicked the plaintiff. 
 
 The judge (Mr. Baron Alderson) told the jury : 
 
 "The questions for your consideration are, whether the 
 defendant was engaged in the affray ; whether the constable 
 had view of it while the defendant was engaged in it ; and 
 whether it was continuing when he ordered the plaintiff to 
 apprehend the defendant — if you are satisfied that all these 
 points are made out, and that the defendant assaulted the 
 plaintiff, while the plaintiff was endeavouring to apprehend 
 him, such assault is unjur.tifiable, and the verdict should be 
 for the plaintiff. 
 
 " If, however, there had been an affray, and that affray was 
 over, then the constable had not and ought not to have the 
 power of apprehending the parties engaged in it; for the 
 power is given him by law to prevent a breach of the peace, 
 and where a breach has been committed and is over, the con- 
 stable must proceed in the same way as any other person, 
 namely, by obtaining a warrant from a magistrate. 
 
 " The right of the plaintiff to apprehend the defendant, ia 
 a serious question involving the power of constables, and a 
 wrong decision upon it would materially affect the liberty of 
 the subject. The words used by the defendant would be no 
 justification for his apprehension, unless he were a party to 
 the affray, and you think that those words showed the affray 
 was still going on. If the apprehension of the defendant were 
 unlawful, he had unquestionably a right to struggle to get 
 away j but if the apprehension were lawful, he had no right 
 to do so, and he is answerable for all the consequences." 
 
 The jury gav? th<> plaintiff £125 15s. 6d. damages. 
 
 Some one had obtained goods several times from the defen- 
 dant on fi,\lse pretences. As the plaintiff was passing by the 
 
constables' guide. 
 
 27 
 
 assist in taking 
 J out when one 
 I defendant said, 
 your brains out, 
 White laid hold 
 1 when near the 
 ibish, when the 
 
 jury: 
 
 re, whether the 
 or the constable 
 igcd in it; and 
 the plaintiff to 
 id that all these 
 it assaulted the 
 ig to apprehend 
 rdict should be 
 
 I that affray wa» 
 not to have the 
 in it; for the 
 3h of the peace, 
 3 over, the con- 
 Y other person, 
 rate. 
 
 he defendant, is 
 instables, and a 
 3t the liberty of 
 mt would be no 
 were a party to 
 lowed the affray- 
 defendant were 
 struggle to get 
 he had no right 
 equences." 
 images. 
 
 from the defen- 
 passing by the 
 
 defendant's snop, the defendant's servant pointed out the plain- 
 tiff as the person who had so obtained the goods : upon which 
 the defendant, having strong suspicion that the plaintiff was 
 the person who had committed the offence, gave him in charge 
 to a peace officer to be taken before a inagistrate for examina- 
 tion — the officer took the plaintiff before a magistrate, and 
 on examination the plaintiff was discharged, as he was not 
 sufficiently identified. He now brought an action for damages 
 for the trespass in arresting him. 
 
 The jury found all these facts true, and gave a verdict for 
 the defendant ; but the court set it aside, and gave judgment 
 for the plaintiff, because the defendant had uu right, for any 
 offence lesi than felony, to arrest on mere suspicion. The 
 Chief Justice said : 
 
 '' Here the case is only of suspicion : the instances cited, 
 of arrest on suspicion after the fact is over, relate to felony — 
 in case of misdemeanour (and the distinction between felony 
 and misdemeanour is well known, and there is no authority for 
 distinguishing between one kind of misdemeanour and 
 another,) it is much better that parties should apply to a 
 justice of the peace for a warrant, than take the law into their 
 own hands, as they are too apt to ao.'' 
 
 "Waid, a watchman, said, that in the evening when he wasj^ jj-^^^^ 
 on duty, in consequence of hearing a noise, he went into the ^"^,^*^a ® ^' 
 defendant's public house, where he found the plaintiff and a 
 number of young moo " sky-larking, bonneting, and kicking 
 up a rumption, and there was a piece of work," — he took the 
 plaintiff by the collar out of the house, and after getting him 
 a few yards away he let him go : the plaintiff then said he 
 would go back and have his revenge. Ward further said, 
 that he went round his beat, and, on returning to the defen- 
 dant's house, he heard a person at the door ciy " watch," and 
 he in consequence went in, and there found the defendant 
 trying to put the plaintiff out of the house, the plaintiff resist- 
 ing by holding on to the defendant's collar. Ward and 
 another watchman took the plaintiff into custody. 
 The judge (Mr. Baron Parke) said to the jury : 
 " You must be satisfied that the plaintiff had committed a , 
 
28 
 
 constables' guide. 
 
 i: I 
 
 breach of the peace, and that the watchman saw him do so. 
 If a man come into a public house and conduct himself in a 
 disorderly manner, and the landlord request him to go out, and 
 he will not, the landlord may turn him out — the landlord may 
 turn one out for making a disturbance, although it do not 
 amount to a breach of the peace — to do this the landlord 
 may lay hands on him without being guilty of a breach of the 
 peace; and if the person resist and lay hands on the landlord, 
 that is an unjustifiable assault on the landlord, and if Ward 
 saw such an assault committed, he was justified in arresting 
 the plaintiff. 
 
 " If the plaintiff made such a noise and disturbance (even 
 without any assault at all) as would create alarm in the neigh- 
 bourhood, that would be such a breach of the peace as would 
 not only authorize the defendant in t irning the plaintiff out 
 of doors, but it would also give the defendant a right to deliver 
 the plaintiff into custody, if this occurred in the view of the 
 watchman. 
 
 " Ward says that he saw ' the piece of woi-k,' and what he 
 calls bonneting, the first time he went to the house — now, if 
 the plaintiff and others were misconducting themselves in a 
 manner calculated to disturb the neighbourhood, this would 
 justify the watchman in turning the plaintiff out, and taking 
 him into custody, if, on his going to the house a second time, 
 he found the plaintiff still there ; and more particularly that 
 would be so if Ward, on the second occasion, saw the plaintiff 
 still joining in such disturbance as would be a breach of the 
 peace." 
 
 A verdict was thereupon entered for the defendant. 
 
 Note. — This assumes that it was wrongful for the plaintiff to go 
 back, which it might not have been, although it might be inferred 
 that it was so, because he had said he would go back and have his 
 revenge; but even this would not justify the watchman in taking him 
 into custody, unless on the second occasion the plaintiff was still con- 
 tinuing his improper conduct. 
 
 iin Riixv. The prisoner went about half-past ten at night to Haggar's 
 
 TvJ^n:.^' house, and demanded to see the maid servant. Mrs. Ilaggar 
 
 desired him to quit the house, which he refused to do ; and 
 
 the prosecutor, who was a constable, was sent for — before the 
 
 1 ' 
 
constables' guide. 
 
 29 
 
 n saw him do so. 
 duct himself in a 
 um to go out, and 
 ■the landlord may 
 though it do not 
 this the landlord 
 of a breach of the 
 s on the landlord, 
 ord, and if Ward 
 tified in arresting 
 
 iisturbance (even 
 larm in the neigh- 
 he peace as would 
 the plaintiff out 
 t a right to deliver 
 ill the view of the 
 
 ork/ and what he 
 he house — now, if 
 g themselves in a 
 irhood, this would 
 ff out, and taking 
 use a second time, 
 •e particularly that 
 n, saw the plaintiff 
 30 a breach of the 
 
 defendant. 
 
 •r the plaintiff to go 
 t might be inferred 
 ) bnck and have his 
 chman in taking him 
 laintiff was Btill con- 
 
 night to Hasgar's 
 int. Mrs. llaggar 
 •efused to do ; and 
 snt for — before the 
 
 constable came, the prisoner left the house and went into the 
 garden : in about twenty minutes after the constable came — 
 the prisoner did nothing in his presence j but upon the 
 prisoner saying '* if a light appear at the windows I will break 
 every one of them," the constable took him into custody, and 
 with the assistance of others, confined his hands with a cord — 
 the prisoner borrowed a knife to cut the cord, and, in endea- 
 vouring to cut it, wounded the constable. 
 
 The judge (Mr. Justice Parke) said : 
 
 " I think the detention of the prisoner was illegal : there 
 was no breach of the peace when the prisoner was taken into 
 custody : if death had ensued from the prisoner's resistance 
 it would not have been murder, but manslaughter — some- 
 thing had cetainly taken place previously to the arrival of the 
 constable, but still, when he did arrive, he hud no charge 
 given him to take the prisoner." 
 
 Verdict for the prisoner, not guilty. 
 
 Note. — The constable would not have been obliged to have taken the 
 prisoner into custody for the previous acts, and he never should take 
 him into custody for this offence, ?rhich was less than a felony, as he 
 himself did not see it. 
 
 The defendant, a constable, had stopped a fight between in-^^y^- 
 
 ' ' 1 r o ^ Edwards. 1 
 
 two boys, and was handcufiSng one of them — the plaintiff, t!- * p- 4o. 
 according to the evidence for him, said to the defendant, 
 " you have no right to handcuff the boy ;" upon which the 
 defendant struck him a blow with his stick, and took him to 
 the watch house — according to the evidence for the defen- 
 dant, it appeared that as the defendant was taking the boy to 
 the watch house, the plaintiff placed himself before the defen- 
 dant to prevent his doing so. 
 
 The judge said : 
 
 " There can be no doubt the constable was right in stopping 
 the fight ; and he would be justified in apprehending any one 
 who aided or abetted those who fought : but it did not appear 
 the plaintiff did either. If the plaintiff placed himself before 
 the defendant to prevent his taking the^boy to the watch housCj 
 that would justify the defendant in detaining the plaintiff at 
 the watch house, but not in beating him ) but if the plaintiff 
 
I 
 
 30 
 
 In Tinothy 
 V. Simpson, 
 5 Tyr. 244. 
 
 I / 
 
 'I 
 
 ■I i 
 
 constables' guide. 
 
 only said, ' you have no right to handcuff the boy,' the defen- 
 dant was clearly a wrong doer as to the whole." 
 
 Verdict against the constable, £2. 
 
 The defendant was a linen draper — the plaintiff was pass- 
 ing his shop, and seeing an article in the window with a ticket 
 apparently attached to it denoting a low price, sent his com- 
 panion in to buy it : the shopman refused, and asked a larger 
 price — the plaintiff went in himself, and required the article 
 at the lower rate — the shopman still insisted on the greater 
 price — the plaintiff called it an imposition — some of the 
 shopmen desired him to go out of the shop in a somewhat 
 offensive manner — he refused to go without the article at the 
 price he had bid for it — the shopmen pushed him out — 
 before they did so, he declared he would strike any man who 
 laid hands on him — one of the shopmen struck the plaintiff 
 on the face near the door — the plaintiff' went back and 
 returned the blow, and a contest commenced, in which the 
 other shopmen took a part and fell on the plaintiff — the noise 
 brought down the defendant, who ras in a room above ; and 
 finding the shop in disorder, and the plaintiff on the floor 
 struggling and scuflliug with the shopmen, he sent for a police- 
 man. In the meantime the plaintiff was taken hold of by two 
 shopmen, who relinquished their hold before the policeman 
 came — when he came, the defendant requested the plaintiff 
 to leave the shop ; but he refused, unless he first got his hat, 
 which had been lost in the scuffle — he was standing in the 
 shop, insisting on his right to remain, and a mob was gather- 
 ing round the door, when the defendant gave him in charge 
 of the policeman, who took him to the station — the defen- 
 dant followed ; but on the recommendation of the constable 
 at the station, the charge was dropped. 
 
 From these fiicts the plaintiff was, in the first instance, a 
 trespasser, by refusing to quit the shop when requested — the 
 first act of unlawful violence and breach of the peace was 
 committed by the shopman : that led to a conflict clearly 
 amounting to an affray, the latter part of which took place in 
 the defendant's presence. 
 
e boy,' the defon- 
 7hoh." 
 
 laintifF was pass- 
 idow with a ticket 
 ice, sent his cora- 
 nd asked a larger 
 quired the article 
 d on the greater 
 — some of the 
 >p in a somewhat 
 the article at the 
 ashed him out — 
 ike any man who 
 ruck the plaintiff 
 went back and 
 ed, in which the 
 aintiif — the noise 
 room above ; and 
 ntiff on the floor 
 J sent for a police- 
 en hold of by two 
 re the policeman 
 3Sted the plaintiflf 
 ! first got his hat, 
 3 standing in the 
 mob was gather- 
 re him in charge 
 tion — the defen- 
 of the constable 
 
 first instance, a 
 1 requested — the 
 f the peace was 
 
 con diet clearly 
 oh took place in 
 
 CONSTABLES* GUIDE. 31 
 
 ^' The court determined that as the defendant had himself 
 witnessed an affray, and while he had a reasonable apprehen- 
 sion of its being continued, he was justified, particularly as 
 the plaintiflF was still on the spot where the afifray was commit- 
 ted, in giving the plain+iff into the custody of the constable — 
 though the constable had seen no part of the affray — to be 
 taken before a justice of the peace. 
 
 " It is clear that any person present may arrest the affrayer at 
 the moment of the affray, and detain him till his passion has 
 cooled down, and his desire to break the peace has ceased, and 
 then deliver him to a peace officer nd, if that be so, what 
 reason can there be why he may not arrest an affrayer after 
 the actual violence is over, but while he shows a disposition 
 to renew it by persisting in remaining on the spot where it 
 was committed. While those who committed the violence are 
 assembled together, and the danger of their renewing it con- 
 tinues, the affray itself may be said to be continuing ; and 
 during the affray the constable may, not merely on his own 
 view, but on the information and complaint of another, arrest 
 the offender, and, of course, the person so complaining is jus- 
 tified in giving the party in charge to to the constable. The 
 power of peace officers to interfere on their own view, appears 
 not to differ from that of any other of the King's subjects." 
 
 This does not, however, decide whether a constable who has 
 not seen the act, is hound to take a party arrested as an 
 affrayer, who has been arrested by a private person, but only 
 that he may do so ; nor does it appear from this whether, if 
 he do receive the party taken into hia custody, he would in 
 his justification be bound, not merely to show the information 
 made to him, and his reasonable ground for belief in the 
 charge, but that an affray had in fact occurred, and that the 
 p;irty taken was concern<jd in it. This he ne^d not do in a 
 c;isc of felony— must he do so in cases less than felony ? , I 
 think he must. 
 
 The plaintiff was rapping violently at the defendant's door, 
 and threatened to do so till the defendant would give up a Bre^^te^i' 
 book which was demanded — the defendant sent for a consta- s.m.^'" ^' 
 tie to take the plaintiff into custody, aad to prevent him from 
 
'■^1 
 
 H 
 
 V. 
 
 *•! 
 
 i 
 
 11 
 
 iiM. 
 
 32 constables' guide. 
 
 disturbing the defendant — the plaintiff, ascertaining lie was 
 about to be arrested, ceased the rapping, and ran off the defen- 
 dant's premises — the defendant immediately pursued the 
 plaintiff, and overtook him near the premises ; and then deliv- 
 ered him to the constable, to be taken before a magistrate to 
 be dealt with according to law. 
 
 It was held this was no defence ; for as the constable had 
 seen no breach of the peace, and as there was no apprehension 
 of the disturbance being continued and repeated, that he was 
 not justified in arresting the plaintiff without a warrant. 
 
 Cne of the judges (Williams, J.,) said : 
 
 " It is not a question how far a constable is justified in 
 interfering where an affray is going on ; but no principle is 
 more generally assumed, than that a warrant is necessary to 
 entitle him to interfere after the affray was over — the dis- 
 turbance was discontinued before the arrest was made." 
 
 Coleridge, J., said : 
 
 " The plaintiff quitted the premises when he ascertained the 
 constable was coming; and it is not shewn that the plaintiff, 
 after quitting the premises, either threatened or intended to 
 continue the breach of the peace — the question is, simply 
 whether after a breach of the peace is over, a constable who 
 has not seen it may take up the party without warrant. 
 
 Wightman, J., in speaking of the arrest in this case having 
 been wrongful without a warrant, says : " the point is per- 
 fectly clear." 
 
 The prisoner assaulted a police constable, who went away, 
 m'c. and, after two hours time, returned with assistance and took 
 the party. 
 
 It was held that the constable was not justified in appre- 
 hending the prisoner after the lapse of such an interval. 
 
 Ecg.y.LioM, The prosccutor, about eleven o'clock at night, found the 
 im " " "" defendant's wife crying, with her three children sitting under 
 a hedge opposite the defendant's cottage — he went with her 
 into the house, and found the defendant intoxicated, but suffi- 
 ciently sober to know what he was doing — the defendant's 
 wife, in the hearing of the defeadan-t, stated to the prosecutov 
 
 Umina 
 -Jl 
 
CONSTABLES GUIDE. 
 
 0-» 
 
 aiiiing lie was 
 oil" the defen- 
 pursued the 
 id then dcliv- 
 magistrate to 
 
 3onstabIe had 
 apprehension 
 , that he waa 
 arrant. 
 
 3 justified in 
 ) principle is 
 necessary to 
 'er — the dis- 
 nade." 
 
 certained the 
 the plaintiff, 
 r intended to 
 n is, simply 
 onstable who 
 rrant. 
 
 i case havinjr 
 point is per- 
 
 ) went away, 
 ice and took 
 
 Jd in appre- 
 tcrval. 
 
 , found the 
 itting under 
 nt with her 
 3d, but suffi- 
 defendant's 
 } prosecutojf 
 
 that the defendant had knocked her down, and beaten her 
 shamefully. Henry Cooke, a neighbour, was present, and 
 stated to the prosecutor, in the defendant's hearing, that he 
 had seen the defendant a few minutes before knock his wife 
 down and jump upon her, she beingadvanced in pregnancy — 
 the defendant said nothing on hearing these statements — the 
 prosecutor left the house, leaving the defendant and his wife 
 and children in it — the defendant came out and closed the 
 outside shutters, and then went inside and locked the outer 
 door — the prosecutor remained outside, and heard the defen- 
 dant using violent and threatening language to his v/ife, and 
 saw her run out of the cottage with her children — the defen- 
 dant said he would lock them out all night, upon which they 
 went back again to the house — the prosecutor heard the 
 defendant again use very violent language — the prosecutor 
 then opened the outside shutters, and he and Cooke looked in, 
 and both of them saw the defendant take up a shovel and hold 
 it in a threatening attitude over his wife's head; and they 
 heard him say at the same time, " If it was not for the bloody 
 policeman outside I would split your head open, for it was you 
 that sent for the policeman," — he was near enough to have 
 struck his wife — soon after he partly undressed himself, and 
 lay down on the sofa — his wife asked him to go up stairs, 
 and let her have the room below to herself — he said to her, 
 " My lady, take yourself off to bed," — she replied, '' I cannot 
 go up stairs in this state : I don't know one hour from another 
 when I might be murdered," — the defendant said, with an 
 oath, " I'll leave you altogether ;" and he put on the clothes 
 he had taken off, and went out — this was about twenty 
 minutes after he had lifted the shovel and held it over his 
 wife's head — when he had got about seventy yards from his 
 own cottage, the prosecutor took him into custody without a 
 warrant. Cooke, who had seen and heard all that took place, 
 insisted on the prosecutor taking the defendant into custody, 
 because he thought it would not be safe to let him go back to 
 his wife that night — the defendant, on being arrested, put 
 his hands into the prosecutor's neck-cloth, and struggled with 
 the prosecutor, who became exhausted and fell, and the deXen- 
 
'^TS 
 
 1 
 
 
 1 
 
 
 
 
 
 
 
 
 i 
 
 
 
 
 i 
 
 
 
 i 
 
 
 
 
 
 
 \ 
 
 
 f , 
 
 
 
 i 
 
 
 ' I 
 
 i 
 
 1 
 
 j 
 
 , 1 
 
 34 constables' guide. 
 
 dant got away from him — lie was afterwards taken on a 
 warrant, tried, and found guilty. 
 
 The defendant contended the policeman (the prosecutor) 
 was not in the due execution of his duty when he arrested the 
 defendant, because he had no warrant ; and the words spoken 
 by the defendant when he held the shovel over his wife's head 
 showed he was not committing, nor about to commit, an 
 assault; and because the prosecutor had suffered too long 
 a time to elapse before he took the defendant into custody ; 
 and when ho did so the plaintiff was peaceably walking away in 
 a direction from his cottage. 
 
 The court overruled these objections. 
 
 The Chief Justice said, in pronouncing judgment : " The 
 defendant was properly convicted — the policeman himself 
 saw what in point of law amounted to an assault, committed 
 by the defendant on the person of his wife, accompanied with 
 violent language and threats which would imply danger to the 
 woman's life — not long after this assault the defendant was 
 arrested — it was a continuous pursuit, with reasonable 
 grounds for apprehending further danger — it is true the 
 arrest took place after the defendant had left the house, but 
 there was nothing to satisfy the policeman that the man did 
 not mean to return ; and, indeed, another person called upon 
 the policeman to apprehend the defendant, upon the ground 
 that if he did return his wife's life would be in danger." 
 
 Erie, J., says: "I think there was a continuing danger, 
 and a continuing pursuit." 
 
 Martin, B., says: "It seems to me it was all one continu- 
 ing transaction ; and I think the officer would not have done 
 his duty if he had not apprehended the defendant." 
 
 JSce, also, Dcrscourt v. Corbi'skley, 5 El. & Bl. 188 ; Bow- 
 ditch v. Balchhif 5 Exch. 378 ; Carpley v. Ilarleg, 2 Esp. 
 N. P. C. 540 : and see, also, as to what an assault is. 
 
 inOiftornev. A threat to shoot a person, and presenting a loaded gun at 
 F..317! \i\m, although the gun be only at half cock, is an assault, and 
 justifies a constable in arresting : but the judge said, in this 
 case " the handcuffing was utterly unlawful." 
 
 i 
 
CONSTABLES GUIDE. 
 
 85 
 
 taken on a 
 
 prosecutor) 
 ! arrested the 
 yords spoken 
 s wife's head 
 commit, an 
 ed too long 
 ito custody; 
 king away in 
 
 nent: "The 
 man himself 
 
 committed 
 ipanied with 
 anger to the 
 ifendant was 
 
 reasonable 
 
 is true the 
 
 e house, but 
 
 the man did 
 
 called upon 
 
 the ground 
 
 nger." 
 
 ing danger, 
 
 me continu- 
 t have done 
 
 188; Bow- 
 leg, 2 Esp. 
 is. 
 
 ided gun at 
 issault, and 
 «d, in this 
 
 Secondly — In case of felony. 
 
 The con?ttible may arrest for any felony conuuittcd in his 
 presence — he may also arrest on his own suspicion that a 
 felony has been committed, and that the party he arrests is or 
 was concerned in it — or he may arrest on the information of 
 another that a felony has been committed, and that the person 
 arrested is or was concerned in it. 
 
 When he acts upon his own suspicion it must not be upon 
 a very loose, vague suspicion, either of an offence having been 
 committed, or of its having been committed by the person 
 arrested ; but he must, in the language of the law, have rco- 
 sonahh and jn-oLahle cause for hcUcving both of these facts : 
 for if he arrest without having a reasonable and probable cause 
 for doing so, he will be liable to answer in damages to the 
 aggrieved party for making the arrest; but if he arrest under 
 justifiable circumstances, he will not be liable for making the 
 arrest, although the party taken was not concerned in the 
 felony nor will he be liable even although there was no 
 felony at all committed. So also if a constable arrest one for 
 a felony upon information derived from another, he will be 
 fully authorized in doing so if he had reasonable and probable 
 cause for believing the information he got to be correct; and 
 he will not be liable, although, as before stated, no felony in 
 fact had been committed at all. 
 
 And this is the important distinction between the constable 
 and a private person : if a private person arrest one for felony 
 upon suspicion, or upon information derived from another 
 that a felony has been committed, and that the party taken 
 was concerned in it, he must prove — in the event of any action 
 being brought against him by the person arrested — not only 
 that he, the person who made the arrest, had reasonable and 
 probable cause for believing that the plaintiif was concerned 
 in the commission of the felony, but he must prove expressly 
 that a felony was, in fact, committed ; and, unless he do this, 
 he will be responsible for making the arrest, however strong 
 the grounds were of his suspicion or belief: while, as before 
 stated, the constable need not prove a felony to have been 
 
 i 
 

 3G constables' guide. 
 
 coniiiilttod, but merely that he had reasonable ana j^rohahh 
 cause fur bolioviiig so. 
 
 The constable, however, must be careful that he has such 
 reasonable and probable cause to justify his proceedings ; for 
 if he have not he will be liable, in like manner as any one else 
 would be, for his malicious conduct — he must consider, 
 
 1. Who it is who gives him the information ; 
 
 2. "Who the person 's who is alleged to have committed the 
 
 offence j and 
 
 3. The general probability of the facts narrated. 
 
 He ought not, for instance, to arrest without a warrant any 
 one charged with receiving stolen goods upon the information 
 of one of the principal felons. So also it follows, that if he 
 arrest on his own suspicion of the party being a felon, or upon 
 information communicated to him by another, he should not 
 detain the party arrested after his suspicions are, or ought to 
 be, entirely removed, or if he discover the information which 
 was given to him to be false or untrustworthy. 
 
 The following cases will illustrate these different rules. 
 
 in^fc^'W^^'T- The plaintiff brought an action against these three parties : 
 
 and spker, 6 Philbv, bein" hijih constable of Ongar, in Essex, and "Wilks 
 
 and Spicer, being constables of that parish, for assaulting, 
 
 handcuffing, and imprisoning him, without any reasonable and 
 
 probable cause on a false and pretended charge of felony. 
 
 The plaintiff was returning with a saddle on his back from 
 Romford market, where he had sold a horse — one Gould, a 
 farmer, passed him : Gould told Philby of the man, and said 
 he ought to look after him. Philby went and asked the 
 plaintiff several questions, to which he gave such answers as 
 induced Philby to think he had either stolen a horse, or was 
 about to steal one — the plaintiff was searched, and was 
 again a^^kcd by Philby where he came from — the plaintiff 
 said he came from Cheshunt : he had been to Romford to sell 
 a horse : his name was Beckwith, and he had got the horse 
 from one Bartlett; and he referred Philby to one Noble who 
 lived in the neighbourhood. Philby did not refer to Noble 
 that night, but he sent for Wilks and ordered him to take the 
 
 4 
 
 ll; I 
 
r I 
 
 ma 2}rohahh 
 
 i he has such 
 jcedings ', for 
 any one else 
 nsidor, 
 
 ommitted the 
 
 d. 
 
 I warrant any 
 
 infornuition 
 s, that if he 
 elon, or upon 
 ic should not 
 , or ought to 
 nation which 
 
 at rules. 
 
 hree parties : 
 I, and AVilks 
 )r assaulting, 
 lasonable and 
 r felony. 
 
 lis back from 
 )ne Gould, a 
 an, and said 
 d asked the 
 h answers as 
 lorse, or was 
 id, and was 
 the plaintiff 
 mford to sell 
 ;ot the horse 
 e Noble who 
 fer to Noble 
 
 1 to take the 
 
 constables' guide. 
 
 plaintiff to the watch house and handcuff him, which was 
 done — next morning Wilks gave him to Spicer, who took 
 him before a magistrate, who examined him, and said ho 
 thought it his duty to detain him ; but if there was anybody 
 who would be bound for hia appearance, he might go home to 
 his family. Noble became bound for his appearance, and ho 
 was discharged. Philby was present at this examination — on 
 enquiry at Cheshunt it appeared the plaintiff had bought a 
 horse from Bartlett, and nothing appeared against his charac- 
 ter — no horse had been stole'' about that neighbourhood, on or 
 for some days before the plaintiff was arrested ; but many had 
 been stolen within the preceding month. 
 
 The defendants contended that there was reasonable cause 
 to suspect the plaintiff of having committed a felony ; and that 
 such reasonable cause of suspicion justified a constable in 
 arresting and detaining the party suspected, even if it appeared 
 no felony had in fact been committed : although it would not, 
 in thr.t case, justify a private individual. 
 
 The plaintiff contended that as no charge of felony was made 
 by Gould to Philby against the plaintiff, and as no felony had 
 been committed at all, Philby was not justified in making the 
 arrest (without warrant) ; and neither he nor the other defen- 
 dants were justified in detaining the plaintiff during the night. 
 
 The judge directed the jury to find a verdict for the defen- 
 dants, if the jury thought the defendants had reasonable cause 
 to suspect the plaintiff had committed a felony : and accord- 
 ingly the jury found for the defendants. 
 
 Afterwards, the plaintiff applied for relief to the court, when 
 Lord Tenterden, C. J., said : 
 
 " I am of opinion there is no ground for disturbing the 
 verdict — whether there was any reasonable cause for suspect- 
 ing the plaintiff had committed a felony, or was about to 
 commit one, or whether he had been detained in custody an 
 unreasonable time, were questions of fact for the jury : which 
 they decided against the plaintiff, and in my opinion, most 
 correctly. 
 
 " The only question of law in this case is, whether a constable 
 having reasonable cause to suspect a person has committed a 
 
 1 
 
 'I 
 
 I 
 
 u 
 
38 
 
 CONSTABLKS' GUIDE. 
 
 In iMwrence 
 V. Hedger, 3 
 Tannt. 14. 
 
 felony, inny detain him until ho can be brought before a 
 justice to have his conduct investigated. 
 
 " There is this distinction between a private individual and 
 a constable : in order to justify the former in causing the im- 
 prisonment of a person, he must not only u.ake out reasonable 
 ground of suspicion, but he must prove that a felony has 
 actually been committed; whereas a constable, having rea- 
 sonable ground to suspect that a felony has been committed, 
 is authorized to detain the party suspected until enquiry can 
 be made by the proper authorities. 
 
 "Now in this case, it is quite clear upon the evidence — and 
 the jury have so found — that the conduct of the plaintiff had 
 given the defendants just cause for suspecting that he either 
 had committed, or was about to commit, a felony ; and I am 
 therefore of opinion that the action is not maintainable." 
 
 The plaintiff was passing through London with a bundle in 
 his hand about ten at night : he was stopped by the watchman 
 who took him to the watch house, where the defendant, a 
 headle, was in attendance, who asked him what he had in his 
 bundle, and who gave it to him ? — he said he did not know, 
 but he was carrying it to his sister ; ana le referred to a house 
 at which enquiry might be made fur his veracity — the beadl'^ 
 did not send to enquire, but sent tlic plaintiflf to gaol. 
 
 The jury found in favor of the defendant. 
 
 Mansfield, C. J., said : " Any watchman might detain the 
 plaintiff, and carry him to a constable ; and it was the consta- 
 ble's duty to secure him when so apprehended." 
 
 Heath, J. : " It would be extremely mischievous if it were 
 not so — numbers of persons are convicted in consequence of 
 their being stopped by watchmen while they are carrying 
 bundles in this way." 
 
 Chamber, J. : " The case of Samuel v. Payne, Dougl. 359, 
 was an arrest in the day time, which was much stronger j but 
 in the night when the town is asleep, and it is the especial 
 duty of the watchmen and other officers to guard against male- 
 factors, it is highly necessary that they should have such a 
 power of detention. And in this case what do you talk of 
 
 I 
 
 I 
 
nt» 
 
 ^ht before a 
 
 dividual and 
 ising the iin- 
 it roiisonable 
 V felony liua 
 
 having rca- 
 , coiuiuitted, 
 
 enquiry can 
 
 idencc — and 
 plaintiff had 
 lat he cither 
 f ; and I am 
 nable." 
 
 a bundle in 
 be watchman 
 Ufendant, a 
 LC had in hia 
 d not know, 
 d to a house 
 the beadl'^ 
 aol. 
 
 t detain the 
 1 the consta- 
 ts if it were 
 sequence of 
 re carrying 
 
 Dougl. 359, 
 
 onger ; 
 
 but 
 the especial 
 ;ainst niale- 
 ave such a 
 y'ou talk of 
 
 CONSTAnELK aUIDE. 
 
 groundless suspicion ? — there was abundant ground of suspi- 
 cion here — we should be sorry if the law were otherwise." 
 
 89 
 
 The plaintiff called at Riding's house, and offered some old i" •''i;';''""^''' 
 clothes for sale — after ho left the house he was pursued by ••»",'} /''"/i"//, 
 
 . 1 IIoltR. N.l'. 
 
 several persons, and charged by Riding with having stolen a c. 47s. 
 great coat from his house — Riding desired the plaintiff to 
 
 return with him, and be did so. Riding sent for Clayton, who 
 was a constable, and gave the plaintiff in charge to him for a 
 felony — tbc plaintiff was searched by the constable, and dis- 
 missed without having been taken before a magistrate : it did 
 not apper.r that Riding was justified in his suspicions. 
 
 The pkintiff sued both Riding and Clayton, the constable, 
 for the assault and imprisonment. 
 
 The counsel for the plaintiff admitted that there was a dis- 
 tinction between an arrest by a constable, and an arrest by a 
 private person — that the constable may apprehend upon a 
 suspicion of felony without proof of a felony actually committed, 
 but a private person cannot arrest upon bare suspicion ; for he 
 must obtain a warrant, upon oath, from a magistrate, or prove 
 a felony to have been actually committed at the time of the 
 arrest — he also contended, that Clayton, the constable, ought 
 to have pursued the charge, and to have carried the plaintiff 
 before a magistrate j that he could not apprehend and dis- 
 charge a man at his own pleasure. 
 
 Mr. Justice Bayley told the jury — " that Clayton, the con- 
 stable was not bound, at all events, to take the plaintiff before 
 a magistrate — if the law give a constable the right to appre- 
 hend on suspicion on a reasonable charge of felony, it would 
 be an absurdity if, upon finding the suspicion groundless, he 
 was precluded from discharging the prisoner out of his custody. 
 I think Clayton is entitled to an acquittal. 
 
 " With respect to Riding I take the law to be this — if a man 
 direct a constable to act upon a suggestion of felony, he must 
 prove the truth of such suggestion — in such a case he is the 
 principal, and the constable is only his agent — it is a different 
 thing when the individual who suspects a felony to have been 
 eommitted goes before a magistrate to procure a warrant — he 
 
 
 \ y 
 
 ! 1 
 
j i 
 
 w^ 
 
 
 ,! 
 
 !ii 
 
 \i.\' 
 
 :!! 
 
 1; 
 
 
 
 40 constables' guide. 
 
 then takes an oath — he pledges himself to the truth of that 
 oath — and the law proceeds upon it ; and if his charge is false, 
 he is liable to an aotion for a malicious accusation : but before 
 a constable he only makes an assertion. With respect to the 
 constable the law is clear — if a felony is committed in his 
 presence he is bound to act — if a charge of felony be made 
 with reasonable circumstances, it is his duty to act, and he is 
 justified — but the person who puts the constable in motion 
 must justify himself by proving the truth of the suggestions 
 which he has made, and which induced the constable to act." 
 
 The jury acquitted the constable, and gave one farthing 
 damages against Hiding. 
 
 In a note to this case Lord C J. Mansfield said, in another 
 case : " The fundamental distinction is, that if a felony has 
 actually been committed, a private pers ^n may arrest as well 
 as a peace officer ; if not, the question alrays turns upon this, 
 did the peace officer arrest bond jide ? - • was the act done 
 fairly, and in the pursuit of an offiander, or b/ design, or malice 
 and ill-will ? — many an innocent man has bf^n, and may be, 
 taken up upon suspicion ; but the mischief and inconvenience 
 to the public in this point of view are comparatively nothing, 
 it is of great consequence to the police of the country." 
 
 In Davis v. Russell, 5 Bing. 354, where a constable being 
 told by A that the plaintiff had robbed her, and the infor- 
 : ,. tion was countenanced by a supposed intercepted letter 
 shown to the defendant— apprehended the plaintiff, a respectable 
 person, at her lodgings, and took her from her bed at night to 
 prison. 
 
 It was held, that although the charge was unfounded, the 
 defendant was justified, and that he had not acted with too 
 great severity in taking the plaintiff to prison that night, for 
 he was not bound to watch the house till morning. 
 
 In this case one of the judges said : " A constable has 
 always reason to apprehend an escape when he receives infor- 
 mation of this nature; and if he did not act upon such suppo- 
 sition, there would be no safety for property in London." 
 
 % 
 
 iSI^I 
 
"s-y 
 
 s^ 
 
 constables' guide. 
 
 41 
 
 ith of that 
 "ge is false, 
 but before 
 pect to the 
 tted in his 
 ly be made 
 b, and he is 
 3 in motion 
 suggestions 
 Die to act." 
 
 le farthing 
 
 in another 
 felony has 
 rest as well 
 3 upon this, 
 le act done 
 n, or malice 
 nd may be, 
 lonvenience 
 ly nothing, 
 try." 
 
 table being 
 the infor- 
 pted letter 
 respectable 
 at night to 
 
 iinded, the 
 d with too 
 night, for 
 
 stable has 
 jives infor- 
 uch suppo- 
 don." 
 
 I 
 
 A felony had been committed in the house of a silk- weaver, ^^^^''2 ^" 
 in Spitalfcelds, by cutting away, and stealing a quantity of silk stai'iie. ir,7 
 froin the loom — on the following day, three boys, Ellison, 
 Devine, and George, were taken on suspicion of their having 
 committed the felony, by the defendant. Brand, who was a 
 marshalinan of London — one of the boys confessed his guilt, 
 and said he had taken the silk to the house of the plaintiflF, 
 Isaacs, to whom he had disposed of it — on the same day, 
 Brand went along with George to the plaintiflF's house, and 
 charged him with having bought some silk from the boys, 
 who had stolen it — the plaintiff denied it; but afterwards 
 said he had some silk, but he did not buy it. Brand went 
 afterwards, the same day, to the house of the plaintiff with 
 assistance, and, without a warrant, took him into custody, 
 upon a charge of receiving the silk, knowing it to have been 
 stolen. The next day the plaintiff and the boys were taken 
 before the Lord Mayor, but no charge being made against the 
 plaintiff he was discharged. 
 
 He then brought an action against the marshalman for this 
 arrest. 
 
 Lord Ellenborough, C. J., said, "That the declaration of 
 the boy, the principal felon, did not justify the officer in taking 
 the plaintiff into custody, without a warrant, on the charge of 
 receiving stolen goods, knowing them to be stolen ; and with- 
 out any evidence, except the assertion of the boy, to show that 
 the plaintiff had bought the goods at an inferior price — and 
 it was left to the jury to say, whether — since no charge had 
 been made against the plaintiff on the following day — there 
 was any probable ground for apprehending the plaintiff, and 
 keeping him all night ic the watch house. 
 
 The jury found damages against the marshalman of jC5. 
 
 An action was brought against the Superintendent of Police in Boffg v. 
 for making an arrest of the plaintiff under the following cir. Exch.'N. s 
 cumstances : 
 
 The plaintiff was a pork butcher in a country town — he 
 was at a fair in the town with his horse and cart — a travel- 
 ling showman came to the plaintiff, and said to him in the 
 D 
 
 I ^ 
 
 417. 
 
! ! 
 
 42 constables' guide. 
 
 presence of the defendant, that the traces he had on his horse 
 wore his (the showman's), and had been stolen from him about 
 a year before — the defendant said to the plaintiff, "This 
 man has challenged these traces which are on your horse, 
 how do you account for the possession of them V — the plain- 
 tiff said he had bought them ; he had given a shilling for 
 them ; but he did not know the man's name he had got them 
 from — the showman said to the defendant, " These are my 
 traces, and I insist on your taking him with the traces," — the 
 defendant then directed a constable to take the plaintiff into 
 custody, who did so — the plaintiff walked with the constable 
 by the side of his cart, and was taken to prison and tied up as 
 a felon — the defendant had no hand in this last act. 
 
 On the trial the plaintiff said he had purchased the traces 
 from a man unknown, who had picked them up on the road in 
 his presence ; he, the plaintiff, saying at the same time if any 
 neighbour showed them to be his he should have them — the 
 plaintiff admitted he had been convicted for using false 
 weights. 
 
 The judge thought there was not reasonable cause for 
 making the arrest, by the defendant, of the plaintiff; and the 
 jury found for the plaintiff against the Superintendent of 
 Police. 
 
 Martin, B., said : " To justify this kind of arrest there must 
 exist a reasonable ground of suspicion; and, therefore, the 
 officer must examine in each particular case whether there is 
 such a ground — it would be an unfortunate state of things if 
 a man were liable to be taken up on a charge made by a 
 travelling showman who finds his traces on another's cart, 
 when the man to whom the cart belongs, gives an apparently 
 true account of how he came by them, and there is not a 
 scintilla of evidence to show that the account is false — that 
 was the present case, and yet the plaintiff was taken, impri- 
 soned, and tied up. I therefore think the jury took a sensible 
 view of the matter in deeming this charge not a roisonable 
 one." 
 
 Bramwell, B., said : " No duty is imposed on the constable 
 to.infjuire into the reasonableness of the charge : it is enough 
 
CONSTABLES* GUIDE. 43 
 
 thai it he not unreasonable — the constable is only to take 
 those whom he has good cause to suspect — if, indeed, a person 
 whom there is no cause to suspect of untruth, came to a con- 
 stable and say, " That man has committed felony — take him," 
 that is a reasonable ground for the constable taking him : but 
 if at the time there are other circumstances which show that 
 the charge is an idle one, the constable ought not to do so ; 
 and the question before us comes to this, was the charge 
 made against the plaintifiF by the travelling showman not an 
 unreasonable one ? — so far from that, it was a charge of the 
 most unreasonable nature ever heard of." 
 
 Watson, B., said : " Who is making the charge ? A charge 
 made by an idiot, or, as in Isaacs v. Brand, a charge made 
 against a person who describes himself as the thief, against 
 one whom he describes as the receiver, is not a reasonable one — 
 the present case is one of the utmost importance, because the 
 police throughout the country ought to be supported in the 
 discharge of their duty ; and it is necessary for the prevention 
 of crime, that they should act by taking persons into custody 
 against whom charges are made — but, on the other hand, 
 they are not to act without a reasonable charge j and it is our 
 duty to see that persons are not taken up on improper ones." 
 
 Thirdly — As to breaking open outer doors and windows. 
 
 It should be stated again, that an officer is in no case justified 
 in breaking open outer doors, or the windows or other parts of a 
 house, until he has declared his business, demanded admission, 
 and allowed a reasonable time for opening them to elapse, and 
 they have not been opened within that time. 
 
 As before stated, if an affrayer fly to a house, the constable 
 may break open the house to take him. 
 
 So also if an affray is going on, the constable may break 
 open the house to put a stop to it. 
 
 In case of a felony, or a suspicion of felony, he may break 
 open the house to take the party — but no private person 
 without a warrant can, on suspicion of felony, if none have 
 been comniited, break open the doors. 
 
 So if there be a noisCy or disorderly conduct, or drinking in ^inoock i. 
 
 Willoock, 8. 
 
 T. Burton, 3 
 B. &P.228; 
 UtUchiton T. 
 Birch, 4 
 Taunt. 627; 
 Johtuon V. 
 Leigh. 6 
 Taunt. 248. 
 
 Willcock, 
 B.85,H.P.C. 
 
 136. 
 
 Willcock, B. 
 92,H.P.C.93. 
 
 Willcock, 
 H. P. 0.1. 63. 
 
 It 
 
 f 
 
 I. '. 
 
 
 I 
 
 m^ 
 
!! 
 
 '1 
 
 iif!" 
 
 ; I' 
 
 44 
 
 87,2U.P.C, 
 
 05-97. 
 
 constables' guiike. 
 
 Willcock, 
 8. 187. 
 
 Willcock, 
 g. 188. 
 Willcock, 
 
 8. 189. 
 
 Willcock, 
 
 8. 190. 
 
 Willcock, 
 B. 191. 
 
 Willcock, 
 8. 193. 
 Burdett v. 
 Abbott, 14 
 East. 167 ; 
 Lancrocks v. 
 Brown, 2 B. 
 & A. 592. 
 
 Willcock, 
 8. 197, 4 Bl. 
 Com. 292. 
 
 a house at an unreasonable time of the night, and particularly 
 in a tavern, he may break open the house to put a stop to it. 
 So also to execute a capias from the Courts of Queen's 
 Bench, Common Pleas, or other court or Justice having juris- 
 diction, to compel one to find sureties of the peace, or for good 
 behaviour. 
 
 Or a warrant to apprehend on a charge of felony. 
 Or a capias founded on an indictment for any crime. 
 
 Or in the day time a warrant to search for stolen goods, if 
 accompanied with a direction to bring the party before a jus- 
 tice, on the charge or suspicion of felony. 
 
 Or to enforce the law where a forcible entry or detainer is 
 found by justices either on an inquest or their own view. 
 
 Or a warrant of justices for levying a fine in execution of 
 a judgment or conviction, grounded on a statute which gives 
 all or any part of the penalty to the Queen. 
 
 If an officer have entered the house in a legal manner, and 
 the outer door is fastened upon him, he and orhers in his aid 
 may break open the door to set himself at liberty. 
 
 The great and leading case on this point is Semayne's case 
 5 Co. 91, contained at length and commented on in 1 Smith's 
 Leading Cases. It was there resolved : 
 
 1. That the house of every one is to him as his castle and 
 fortress, as well for his defence against injury and violence as 
 for his repose — and if thieves come to a man's house to rob 
 or murder him, that the owner or his servants may kill any of 
 the ofiFenders in defence of himself and his house. 
 
 2. When any house is recovered in an action, the sheriff 
 may break the house, and deliver the possession to the party 
 directed to receive it. 
 
 3. In all cases where the Queen is a party, the sheriff may 
 break the party's house, either to arrest him, or to do other 
 execution of the King's process : if otherwise, he cannot enter. 
 For felony, or suspicion of felony, the King's officer may break 
 the house to apprehend the felon. 
 
 4. In all cases when the outer door is open, the sher*''" m y 
 ^nter the house and do execution at the suit of any subject, 
 
CONSTABLES GUIDE. 
 
 45 
 
 either of the body or goods : and so may the lord in such case 
 enter the house and distrain for rent, but not unless the door 
 be open, nor even though he make a demand. 
 
 5. That the house of any one is not a castle or privilege but 
 for himself, and shall not extend to protect any person who 
 flies to the house of another, or the goods of any one which 
 are brought and conveyed into the house of another to prevent 
 a lawful execution, and to escape the ordinary process of the 
 law ; for the privilege of his house extends only to him and 
 his family, and to his own proper goods, or to those which are 
 lawfully and without fraud there. 
 
 In executing civil process, the sheriff although he may 
 break open the house of a third person to take the goods or 
 body of a defendant, does so at his peril : if he find the goods 
 or person, he will be justified ; but if he do not, he will be a 
 trespasser. But he may enter the defendant's own house if 
 be find the outer door open, and he will be justified whether 
 he find the defendant or his goods there ; for the defendant's 
 own house is the most natural place for the defendant and his 
 goods to be. So he may also do so at any house where the 
 defendant is lodging or staying. 
 
 If the sheriff legally obtain entrance to the defendant's 
 house, he may break open any inner doors, if necessary, the 
 same as he may cupboards, trunks, &c. 
 
 The maxim, that '' every man's house is his castle," only 
 applies to a dwdUng house, and therefore a barn or out-house 
 not connected with the dwelling house, may be broken open. 
 
 If the defendant, after being arrested, escape, the sheriff 
 may break open either the defendant's house or that of a 
 stranger, for the purpose of retaking him. 
 
 Where a felony has been committed, or a dangerous wound Foster on 
 given, or even on process for breach of the peace, the party's aio^m^' 
 own house is no sanctuary for him, doors may in either of 
 these cases be forcec . 
 
 Fourthly — As to arresting on Telegrams. 
 
 Before dismissing this head of what may be done without a 
 warrant, it will be well to add this fourth head, and see when 
 arrests may safely be niade on the authority of telegrams. 
 
I 
 
 < I' 
 
 ■ m 
 
 'I I 
 
 n\ I 
 
 i 
 
 1 
 
 V. 
 
 1 
 
 ,1 
 n 
 ii 
 
 
 '•1 
 
 ,,, 
 
 46 CONSTABLES'' GUIDE. 
 
 It is well known that arrests frequently are made upon 
 communications received by telegraph.. This is the practice 
 in the Old Country, in the United States, in Australia, and 
 probably in all other countries where a telegraph is established — 
 indeed it has been said, that one of the great merits of the 
 telegraph, is the aid which it affords to the police in the 
 apprehension of offo' "" the numerous cases — and cases of 
 
 great consequence t^ ' vhich the telegraph has been the 
 
 means of securing criminals, and of the discovery and restitution 
 of stolen property, luiiy iustif ^ ♦'he use it has been put to — 
 and it is to be presumed, mat v const ible acting either upo^ 
 a letter received in the usual way, or upon a telegram, which 
 he has no cause to suspect of being improperly sent or of being 
 untrue, will be held to be authorized in acting as upon suflScient 
 reasonable and probable cause — no doubt it will be safer for the 
 ofl&cer if the telegram be signed by some one in authority, as 
 the mayor, police magistrate, or an alderman or other justice 
 of the peace of the place from which it is sent; but even then 
 then the message may not have been sent by such person at 
 all ; for there is no handwriting, or any other means of iden- 
 tifying the message — it might be possible, however, to tele- 
 graph back to the person professing to send the communication, 
 for the purpose of determining whether it really was or was not 
 sent by the person supposed ; and if the reply appeared to be 
 satisfactory, the original message might then be acted on ; and 
 whenever there is time to pursue this course, it is the course 
 which ought to be taken : but it cannot be adopted in all 
 cases ; for as urgency is necessary when crime is in question, 
 and as the telegraph is resorted to only because urgency is 
 necessary, the criminal may be beyond the reach of the Police 
 while the correspondence is going on. 
 
 If no time is allowed for communicating, the telegram 
 should be shown to some others in authority for their advice 
 as to whether it will be proper to act upon it or not ; and if 
 they advise it, it is most likely the court or judge would hold 
 that the constable in enforcing it had acted upon reasonable 
 and probable cause. 
 
 Yet it is not said that even this is absolutely necessary, 
 
 ;■ 
 
CONSTABLES* GUIDE. 
 
 47 
 
 althoufjh it is clearly prudent to do so, for the emergency 
 may be so great, that no time is permitted even for this refer- 
 ence — but in such a case the constable must proceed most 
 circumspectly for fear of the consequences ; for let him 
 consider what it is he is doing or about to do — he receives a 
 telegram from some one he neither knows nor has heard of, to 
 arrest some one as a criminal — the whole thing maybe a 
 malicious and unfounded .charge on the part of the communi- 
 cant — the party to be arrested may, most likely, be quite 
 unknown to the constable, and be a most respectable person ; 
 and the telegram, if acted on, must condemn this man to the 
 disgrace of an arrest, and the punishment of imprisonment, to 
 answer some one upon some alleged charge — it is a serious 
 and dangerous matter to arrest in such a case; yet how fre- 
 quently has it not been done, and what immense service has it 
 not been of? 
 
 While, therefore, it may not be wholly unjustifiable to 
 arrest upon the telegram of some unknown person, it is clear 
 that the constable may justly expose himself to very severe 
 consequences, unless he act with great moderation and judg- 
 ment. It may therefore be laid down : 
 
 1. That on the receipt of a telegram professing to be from 
 some known responsible, respectable person, whether con- 
 cerned in the administration of justice or not, but more 
 particularly if he be, the constable may proceed to make the 
 arrest. 
 
 2. On the receipt of a telegram from some unknown person^ 
 the constable should not arrest without advising with some one 
 in authority as to how he should act — if he advise an arrest, 
 the constable may then make it. 
 
 3. If he have no time to advise, he must proceed, as before 
 stated, most warily. 
 
 4. In no case, however, should a telegram be acted upon if 
 jt be possible to test its genuineness by writing back by tele- 
 graph to the person professing to have sent it ; and, 
 
 5. In no case should a telegram or letter from the United 
 States, or from any country beyond this Province, be acted 
 upon for an offence committed beyond the Province, because 
 
48 constables' guide. 
 
 the party complained of is not a criminal against our laws, 
 until a proper information has been laid, and a warrant issued 
 here for his apprehension, and then he may be proceeded 
 against either under the Ashburton treaty or under the provi- 
 sions of any of our own statutes which are herein referred to. 
 
 But unless the Courts decide, or until the Legislature has 
 settled, these questions, it is difficult to lay down any more 
 precise rules for the safety of the officer, and the enforcement 
 of the law against criminals. 
 
 Let Lord C. J. Mansfield's words, however, be remembered 
 on this subject, as stated in 1 Holts N. P. C 478, in the note : 
 " Many an innocent man has been, and may be, taken up on 
 suspicion ; but the mischief and inconvenience to the public in 
 this point of view are comparatively nothing : it is of great con- 
 sequence to the police of the country." 
 
 ,i 
 
 IX. — Difference between Acting tJroN, and Acting 
 Without a Warrant. 
 
 It is important now to determine what the difference is 
 between the acting under a warrant, and the acting without 
 one. 
 
 It has been before stated, that no private person can, with- 
 out a warrant (although a peace officer may) arrest even on 
 a charge or suspicion of felony committed, without being com- 
 pelled to prove, in the event of proceedings being taken against 
 him for making such arrest, that a felony was in fact commit- 
 ted, and that he had reasonable and probable cause for believ- 
 ing that the party arrested was the felon. And it has also 
 been said, that even in the case of a peace officer he cannot, 
 (unless under the Municipal Law, which requires him to tato 
 security from the complainant) without a warrant, arrest for 
 any offence less than a felony, unless it was committed in his 
 view, or unless he have reason to apprehend a renewal of a 
 breach of the peace. And, therefore, it is that warrants are 
 taken out in almost all cases in the first instance ; for under 
 a warrant every one is protected from liability of every kind, 
 excepting for malicious conduct. The private person is not 
 
8i 
 
 
 constables' guide. 
 
 then bound to sliovv that a felony was committed : it rests 
 upon the party arrested to show, that the one wlio made the 
 complaint, and procured the warrant to bo issued, acted 
 maliciously and without any reasonable or probable cause for 
 believing the facts to be true which were deposed to by him 
 before the magistrate. The warrant, in fact, places the private 
 person, acting under it in cases of felony, on the same footing 
 as the peace officer, in such eases, acting without a warrant ; 
 and the peace officer, in cases less than felony when he is 
 acting under a warrant, is completely justified, although no 
 breach of the peace at all had taken place, if he had reason- 
 able and probable cause for believing that it had. (See 
 Broome's Commentaries, 729 ; Storehouse v. Elliott, GT. 11., 
 315.) 
 
 X. — Respecting the Issuing and Executing the 
 
 Warrant. 
 
 Some other general matters as to the Warrant should now 
 be considered. Firstly — As to the officer or court which 
 issues it : Secondly — As to the persons who may execute it : 
 and. Thirdly — As to the place where it may be executed. 
 
 The necessity of knowing who should issue the warrant is 
 apparent when it is considered that the warrant is only of 
 validity, 
 
 1. When it is issued by one who holds such an office as 
 
 confers upon him the authority to do so : 
 
 2. When such person has jurisdiction over the oifence : and 
 
 3. When he has power to order it to be executed in the 
 
 particular place. 
 
 First, then, as to the officer or court which issues it. 
 
 The rule of law is, that where the court or justice hasjurir- 
 diction over the offence, cause of action, or complaint, and 
 proceeds erroneously, the officer who executed the warrant or 
 process will be protected from the consequences of the arrest • 
 but when the court or justice has no jurisdiction at all, the 
 officer executing the process and all parties concerned in it are 
 liable for the consequences. 
 
 The case of Gossett v. IToivard, 10 Q. B. N. S. 359, con- 
 
 49 
 
50 
 
 CONSTABLES GUIDE. 
 
 ' !l'| 
 
 
 tains nearly all the learning on this point, and from it it 
 appears that magistrates' warrants are construed much more 
 strictly than is the process from the Superior Courts. The 
 Superior Courts are presumed to have jurisdiction unless the 
 contrary appear on the face of the process, while magistrates 
 are not presumed to have jurisdiction at all unless their juris- 
 diction appear on the foce of the warrant. (See also Peacock 
 V. Bdl, 1 Saund. 74 ) 
 
 Secondly — As to the person who should execute it. 
 
 The warrant should be executed by the person to whom it 
 
 is directed, or by some one acting in his assistance, and to 
 
 whom he is sufficiently near to be able to co-operate in the 
 
 arrest. 
 
 Rtx V. In one case where a constable had a warrant to arrest, and 
 
 Patience, 7 . , . i , . 
 
 CAP. 77D. he gave it to his son to execute, and his son attempted to 
 make the arrest, but at the distance of at least a quarter of a 
 mile from his father, so that his father could not help him, it 
 was held that the son was a wrong doer, and had no authority 
 to act under the warrant ; and that the stabbing him by the 
 party taken, in his defence, with a knife he had had in his 
 hand before the arrest was made was not punishable, because 
 the arrest was wholly illegal. 
 
 The party's name, of course, must not be inserted in the 
 warrant after it has been signed and sealed by the magistrate 
 for that will avoid it altogether. 
 
 A person who will not give his name may be described as 
 " a person unknown, but who was personally brought before 
 the jurors by the keeper of the prison ;" that is, he must be 
 identified in some way if not by name. (See also Rex v. Hood, 
 1 Mood. C. C. 281.) 
 
 The warrant may be addressed in different ways. If 
 it be directed to a constable or to any other person by 
 name, the person so specially named may execute it in 
 any place in or over which the magistrate issuing it has 
 jurisdiction; or if it be addressed to every constable and 
 peace officer of the locality over which the magistrate has 
 jurisdiction — as if it be addressed to every constable and 
 
 1 H.P.C. 357 ; 
 10Q.B.,N.S., 
 437. 
 
 litx V. 
 
 B. 4 U. C. C 
 
 488. 
 
 16 Vice. 178, 
 S.3. 
 
 t 
 
 a 
 a 
 c 
 
 
constables' guide. 
 
 51 
 
 peace officer in the united counties '^ York and Peel, or 
 
 to every constable and peace officer in the city of Toronto — 
 
 and in the united counties of York and Peel, and be issued by 
 
 a magistrate who has jurisdiction over the whole of the united 
 
 counties, it may be executed by any person who is a constable 
 
 or peace officer in any part of the united counties. And as 
 
 the mayor, aldermen, recorder, and police magistrate of citie», 
 
 by statute are now ex officio justices of the peace, not only oi' 
 
 the city, but of the whole count;' or union of counties in which 
 
 the city is situate, their warrants, therefore, extend over the 
 
 whole county or union of counties ; and, therefore, if their 
 
 warrants be directed to every constable or peace officer of the 
 
 county or union of counties in which the city is situate, any 
 
 constable or peace officer in any particular place in the county 
 
 or union, although he is not an officer of the rest of the county, 
 
 may execute it anywhere in the county; but if the warrant 
 
 be directed by any justice of the city to all constables of the 
 
 city, no one but a constable of the city can execute it, and he 
 
 cannot go beyond the city to do so ; care must, therefore, be ^^tlii,,\ m. & 
 
 taken to see that the warrant is sufficiently comprehensive*^'^''' 
 
 with the act and duty which it is proposed to have performed 
 
 under it. 
 
 Thirdly — As to the place where it may be executed. 
 
 This already sufficiently appears from what has just been 
 said; it is only, therefore, necessary to add, that if it be 
 desired to execute the warrant beyond the local jurisdiction of 
 the magistrate who issued it, it must be endorsed, as herein, 
 after mentioned, by a magistrate of the locality where it is to 
 be acted upon ; if not so endorsed, any act done under it will 
 be wholly void. 
 
 I ■ 
 
 XI. — Statutory Provisions with respect to the 
 Warrant and its Execution. 
 
 The Warrant itself will now be considered : and on this 
 point there is no difficulty, for it is expressly defined by 
 statute. 
 
 I shall, however, first state a general rule with respect to 
 every warrant, and it is this : that " Every officer, upon 
 
i 
 
 « 
 
 
 52 constables' guide. 
 
 doniaiul made upon him, must show the warrant under which 
 he arrests or distrains." (^Countess of Rutland's case, G Co. 
 52; 1 TI. P. 0.583.) 
 
 The statutes, then, enact as follows : 
 
 The 10 Vic., cap. 178, declares, section 3, that every war- 
 rant to apprehend a defendant to answer an information or 
 complaint made before a justice, 
 
 1. Shall be under the hand and seal, or hands and seals, of 
 the justice or justices issuing; the same. 
 
 2. It may be directed to all or any of the constables or other 
 peace officers of the territorial division "within which the 
 same is to be executed." 
 
 3. Or to " such " constable, (i. e., to one of the territorial 
 division within which it is to be executed), " and" all other 
 constables within the territorial division within which the 
 justice orjvatices issuinff the warrant has or have jurisdiction. 
 
 4. Or generally to all constables within such last mentioned 
 territorial division. 
 
 5. It shall state shortly the matter of the information or 
 complaint on which it is founded. 
 
 6. It shall name or otherwise describe the person against 
 whom it has been issued. 
 
 7. It shall order the constable or other peace officer to 
 whom it is directed to apprehend the defendant, and to bring 
 him before one or more justice or justices of the peace, as the 
 case may require, of the same territorial division, to answer 
 the information or complaint, a»d to be further dealt with 
 according to law. 
 
 8. It need not be made returnable at any particular time, 
 but may remain in force until it is executed. 
 
 The form of warrant is given in the statutes at the end of 
 this act, schedule C. 
 
 It will be seen by sec. 3, just referred to, and as afterwards 
 mentioned, that if the warrant is addressed as in No. 2, " To 
 all or any of the constables or other peace officers of the city of 
 Toronto," (the territorial division within which the same is to 
 be executed.) that the warrant cannot be executed beyond the 
 city : but if it be addressed as in Nos. 3 and 4, above given. 
 
 MBtl 
 
constables' guide. 
 
 5S 
 
 it may be executed by any constable of the city, cither in the 
 city or in any part of the united counties of York and Peel ; 
 and one or the other of these directions should, *^ ::-3fore, in 
 every case be adopted to enable the constable lo Jirost such 
 vagrants as compose the Brooke's Bush gang, and sucli other 
 characters and thieves as haunt the outskirts of the city. 
 
 As to the place where the warrant may be executed, the same 
 section 3 provides : 
 
 1. The warrant may be executed by apprehending the 
 defendant at any place within the territorial division within 
 ' " 'ch the justices issuing the same have jurisdiction. 
 
 Or, in case of fresJt pursuit, at any place in the next 
 adjoining territorial division, within seven miles of the border 
 of such first mentioned territorial division, without having the 
 warrant backed by any justice. 
 
 8. And in all cases in which the warrant is directed " to all 
 constables or peace officers within the territorial division 
 within xchich the justice or Justices issuing the same shall have 
 jurisdiction, any constable or peace officer for any place within 
 the limits of the justice who issued the warrant, in like 
 manner as if the warrant were directed specially to the consta- 
 ble by name, and although the place in which it is executed 
 is not within the place for which ho is a constable or peace 
 officer. 
 
 4. And if the person against whom the warrant issued be 
 not found within the jurisdiction of the justice who issued it^ 
 or if he escape, go into, reside, or be, or be supposed or sus- 
 pected to be in any place within this Province, whether in 
 Upper or Lower Canada, out of the jurisdiction of the justice 
 who issued it, any justice of the peace within whose jurisdic- 
 tion such person is or is suspected to be, upon proof alone 
 upon oath of the handwriting of the justice or justices who 
 issued the warrant, may make an endorsement upon it, signed 
 with his name authorizing the execution of the warrant within 
 his jurisdiction ; and such endorsement shall be a sufficient 
 authority to the person bringing the warrant, and to all other 
 persons to whom it was originally directed, and to all consta. 
 
54 constables' cuidb. 
 
 bles or other peace officers of the territorial division where the 
 endorsement is made, to execute the same in any place within 
 the jurisdiction of the justice of the peace endorsing the same, 
 and to carry the oflFender, when apprehended, before the justice 
 or justices who first issued the warrant, or some other justice 
 having the same jurisdiction. 
 
 In cases of indictable oiFences, the IG Vic. cap 179, ss. 6 
 and 7, makes exactly the same provisions with respect to war- 
 rants and their execution as cap. 178, just given. 
 
 The backing of the warrant should be in this form : (See 
 cap. 178, schedule N 3 ; cap 179, schedule K) ; and it is 
 given here, because justices usually think they have backed it 
 by simpl}" signing their name upon the back of the warrant. 
 
 Province of Canada: [Counttj or United Counites, or as tlie 
 case may he] of . 
 
 Whereas proof upon oath hath this day been made before me, 
 one of her Majesty's justices of the peace, in and for the said 
 [county or united counties, or as the case may be] of — — , that 
 the name of T. S. to the within warrant subscribed, is of the hand- 
 writing of the justice of the peace within mentioned: I do, there- 
 fore, hereby authorize W. T., who bringeth to me this warrant, 
 and all other persons to whom this warrant was originally directed 
 or by whom it may be lawfully executed, and also all constables 
 and other peace officers of the said [county or united counties, or 
 
 as the case may be] of , to execute the same within the said 
 
 last mentioned [county or united counties, eras the case may be]. 
 
 Given under my hand this day of , in the year of our 
 
 Lord , at , in the [county, &c.,] aforsaid. 
 
 J. L., Justice of the Peace. 
 
 XII. — Statutory Provisions on Serving Summonses, 
 Executing Distress Warrants, and in Conveying 
 A Prisoner from the County where the Offence 
 was Committed. 
 
 There are still some other enactments in these two statutes 
 which ought to be generally stated for the information of the 
 men. 
 
 First — As to the summons in case of summary proceedings. 
 
 By cap. 178, sec. 1, it is provided, that the constable or 
 peace officer, or other person to whom the summons is deliv- 
 ered, shall serve it, either, 
 
SJ 
 
 it e 
 
 constables' guide. 
 
 1, By delivering the same to the party personally ; 
 
 2. Or by leaving the same with some person (should be 
 
 some grown person) for him at bis last or most usual 
 place of abode. 
 
 The constable or person making such service must then 
 attend at the time and place, and before the justices in the 
 summons mentioned, to depose, if necessary, to the service 
 thereof. 
 
 Second — As to the distress warrant. 
 
 By section IS, in . '.."e a distress warrant issues to be levied 
 on the goods and chattels of the defendant, and no sufl&cient 
 distress is found within the limits of the justice granting the 
 same, such distress warrant may be backed by a justice of 
 another territorial division, in like manner as in cases of war- 
 rants to arrest ; and the distress may then be made in such 
 other division. See form of endorsement, schedule N 3 of 
 the act. 
 
 By section 20, in case the constable who had the execution 
 of the distress warrant returns that he could find no goods, or 
 not sufficient goods to levy the sum and costs, according to 
 the form of return in schedule N 4 of the act, the justice may 
 issue a warrant of commitment against the party. 
 
 Third — As to the summons in case of indictable offences. 
 
 By cap. 179, section 5, the summons in case of indictable 
 offences shall be served by a constable or peace ofEcet on the 
 person to whom it is directed, either, 
 
 1. By delivering the same to the party personally ; 
 
 2. Or, if he cannot conveniently be met with, then by 
 
 leaving the same for him with some person at his last 
 
 or most usual place of abode. 
 And the constable shall attend, as before stated, at the time 
 and place, and before the justice in the summons mentioned; 
 to depose, if necessary, to the service of the same. 
 
 Fourth — As to conveying a prisoner to the place where the 
 offence was committed. 
 
 By section 14, when a party has been arrested in one terri- 
 torial division for an offence committed in another, and the 
 
 55 
 
 1. M 
 
66 constables' guide. 
 
 justice of the division remits the party to the division where 
 the oflfence was committed, the constable who takes the party 
 to such last named division, shall be entitled to his reasonable 
 costs, charges and expenses of conveying the party into such 
 other division, and of returning from the same, 
 
 i. Upon producing the party before the justice to whom 
 the party is taken in the division where the offence waa 
 committed, and delivering him to such person as the 
 justice directs (who, by the receipt in schedule T 2 
 of the act, would seem to be the gaoler). 
 
 2. Upon delivering to the justice the warrant of rcmitmentj 
 
 the information, depositions, and recognizances taken 
 and proving by oath the handwriting of the justice or 
 justices who subscribed such documents. 
 
 3. Upon getting from the justice to whom these documents 
 
 are delivered, a receipt or certificate (according to the 
 form in the statute, schedule R 2) of the delivery up 
 of the accused party and of the documents aforesaid, 
 and stating that the handwriting of the justice to such 
 documents had been duly proved on oath. 
 
 4. And upon producing such receipt or certificate to the 
 
 sheriff or high bailiff, if he were employed by such 
 officer, and if not, then to the treasurer of the county 
 in which the accused party was apprehended. 
 
 By section 18, the constable or other person to whom any 
 warrant of commitment is* directed, under this or any other 
 act, shall convey the accused party to the gaol or other prison 
 named in the warrant, and shall there deliver him, together 
 with the warrant, to the gaoler, who shall thereupon give to 
 the constable or other person so delivering the party, a receipt 
 (according to schedule T 2) for the prisoner, setting forth the 
 state and condition in which the prisoner was when he was 
 delivered. 
 
 As this receipt is not merely to be taken in cases of com- 
 mitment under this act, but in all cases of commitment under 
 this or any other act, it will be well to give the form of receipt. 
 
 " I Hereby Certify that I have received from , constable 
 
 of the [county, &c.,] of , the body of , together with a 
 
 ti >' 
 
iSi SE 
 
 CONSTABELS' GUIDE. 
 
 warrant under the hand and seal of , Esquire, one of her 
 
 Majesty's justices, of the peace for the said [county or united 
 
 counties, or as the case may be] of ; and that the said 
 
 [prisoner] waa [sober, or as t\e case may be] at the time 
 
 he was delivered into my custody." 
 
 Keeper of {lie common Gaol of the [county, t&c] 
 
 Upon producing this receipt to any justice of the peace of 
 the division where the offence was committed and the prisoner 
 was delivered, he will certify to the treasurer the sum to be 
 paid to the constable for arresting and conveying the party to 
 gaol, and returning to his own residence. See the form in the 
 schedule to the act immediately following the receipt above 
 given. And upon producing this certificate to the treasurer, 
 the constable will be paid his expenses. 
 
 57 
 
 \\ 
 
 XIII. — ^WiiAT AN Arrest is. 
 
 It will now be advisable to ascertain what an arrest is, that 
 the oflScer may kiow when he may safely pursue beyond his 
 own locality, or when he may break open doors to retake his 
 prisoner. In the case of Sixndon v. Jarvis, 4 Jur. N. S. 737, 
 afiirmed in Exch. Chamber, 5 Jur. N. S. 860, this is very well 
 explained. The plaintiff was keeping house to avoid an execu- 
 tion — the sheriff's oflScer had been for some time watching him. 
 The officer saw a casement in a room up-stairs open — he placed 
 a ladder against the house, with the intention of getting in ; 
 but the plaintiff's daughter shut and fastened the window, the 
 plaintiff himself standing at the window to hold the handle of 
 the casement — the officer put his hand through a broken pane 
 of glass, and touched the plaintiff, saying, " You are my pri- 
 soner," — he then broke open the outer door, and arrested the 
 plaintiff. Erie, J., said : " It is clear from all the authorities 
 that the touch of the sheriff's officer constitutes an arrest, 
 where it can be effected without fracturing any part of the 
 building wherein the party resides — it is laid down in Genner 
 V. SjyarJces, 6 Mod. 173, that it is sufficient to constitute an 
 arrest if the sheriff's officer touch the defendant even with the 
 end of his finger." 
 
 The judges have made the mere touch of the officer an aif- 
 
ft 
 
 II 
 
 If 
 
 m\ 
 
 f 
 
 
 
 58 constables' guide. 
 
 rest, where that can be effected without breaking into the house-. 
 
 Hill, J., cited Bl. Com. 288, where it is laid down that 
 " an arrest must be by corporal seizing or touching the defen- 
 dant's body, after which the bailiff may justify breaking open 
 the house in which he is, to take him." 
 
 But even an actual touching of the body is not always 
 necessary, to constitute an arrest. 
 
 In Russen v. Lucas, 1 C. & P. 153, the officer said to the 
 debtor, " Mr. Hamer, I want you." Hamer answered, "Wait 
 for me outside the door, and I will come to you," — the ofiScer 
 waited outside, but Kamer did not come — V i question was, 
 whether Hamer had been arrested and escaped. Abbott, C. J., 
 said, " Mere words will not constitute an arrest, as, if the 
 officer say ' I arrest you,' and the party runs away, it h no 
 arrest; but if the party acquiesces in the arrest, and goes 
 with the officer, it will be a good arrest — if Hamer had even 
 gone into the passage to the officer, the arrest would have been 
 complete." 
 
 So if a bailiff come into a room, and tell the debtor, who ia 
 there, that he arrests him, and locks the door, that is an arrest, 
 without touching the body of the party, for he is then in 
 custody of the officer. {Williams v. Jones, Ca. Temp. 
 Hardwick, 301.) And if a constable tell a person given to his 
 charge that he must go with him before a magistrate, and such 
 person in consequence goes quietly and without force, it is an 
 arrest and imprisonment. (^Chinn v. Morris, 2 C. & P. 361 j 
 Pocock v. Moore, R. & M. 321 ; Berrt/ v. Adamson, 6 B. & 
 C. 528.) 
 
 It must always be borne in mind that the officer must take 
 with him sufficient force to make the arrest effectual ; that is 
 to say, such a force as will enable him to overcome any resis- 
 tance which he reasonably anticipates may be made. {Uowden 
 V. Standish, C C. B. 504.) 
 
 XIV. — As TO Constables getting Confessions from 
 
 Prisoners. 
 
 It is often of consequence to know whether a constable 
 should put any questions to a prisoner as to the charge against 
 
 iu: 
 
 i 
 

 ^ E 
 
 CONSTABLES GUIDE. 
 
 50 
 
 hiiu, and, if so, what questions he may put; and whether he 
 ought or ought not to caution the prisoner against saying any- 
 thing which may criminate him ; or how otherwise he should 
 act. 
 
 The general rule is, that a confession must be voluntarily i Tuyior on 
 made by the prisoner, and must not be obtained from him by bss' 
 the influence of hope or fear. In the event of the confession 
 being procured by promises or threats, it will be for the judge 
 to determine whether the confession can be used against the 
 prisoner or not, for the degree of hope or fear which might 
 operate upon one person might be utterly ineifectual upon 
 another. The law, however, is very clear, that if any induce- 1 Taylor >m 
 ment to confess is held out by any one having authority over '^"' '" 
 the prisoner or the prosecution — as the prosecutor himself, siM-.nan, ■-■) 
 the master or mistress of the prisoner, the constable or other Jlc.'w!'^' 
 person having him in charge, or a magistrate, or the like — the 
 confession will be rejected. It will be the same also although 
 the constable or other person did not use such means himself, 
 but, being present, allowed another to draw the confession 
 from the prisoner by such inducements. (^Rej. v. Laugher, ggg"^'* *''• 
 2 C. & K. 225.) 
 
 The inducement held out, to exclude a confession, must be 
 one which has reference " to the escape of the prisoner from 
 the criminal charge against him;" for a mere promise to 
 strike oflF his handcuffs, or to give the prisoner some spirituous ^ Tay'- Ev. 
 liquor, or to let him see his wife, will not be such an induce- 
 ment as to exclude the confession made in consequence of it. 
 
 It is said that the police should not endeavour to obtain a 
 character for activity and zeal, by harrassing and oppressing 
 unfortunate prisoners, with the view of wringing from them a 
 reluctant confession. On the other hand, the constable should 
 not tell the prisoner not to say anything at all. 
 
 The proper course for the constable is, to caution the i Tayi. i:v 
 prisoner that any confession ho makes will be admissible 
 against him on his trial, but can be of no service to him ; and 
 it is not necessary or proper that the constable should do or 
 say more than this. Ho should certainly not dissuade the 
 prisoner, who wishes to confess, not to do so ; for after telling 
 
 695. 
 
60 constables' guide. 
 
 the prisoner he need not say anything, and cautioning him «s 
 above stated, the prisoner should be left to act and judge for 
 himself. 
 
 In Reg. v. Walker, 8 C. & P. G21, Lord Denman said : 
 "A prisoner is not to be entrapped into making any state- 
 ment; but when a prisoner is willing to make a statement, it 
 is the duty of the magistrate to receive it," — and of course of 
 the constable to hear it. 
 
 In another case (Reg. v. Cart, Maidstone Sum. Ass., 1 
 Taylor on Ev. 595, note z), the same judge said to some con- 
 stables who were called as witnesses : " The distinction is very 
 clear ; you are not to suppress the truth, but you are not to 
 take any measures of your own to endeavour to extort it." 
 And it may be added, that an admission of guilt made by a 
 prisoner, even when drunk, may be used against him. (Rex 
 V. Spihhury and others, 7 C. & P. 187.) 
 
 i ' I 
 
 XV. — Protection to Constables. 
 
 As the duties of the constable are of that nature, that when 
 he acts he mus^ do so promptly and vigorously, with little or 
 no time for mujh reflection, and none in many cases for getting 
 advice; and as he cannot be expected to know all the law of 
 arrests, and other difficult matters pertaining to his office, it is 
 but right that he should be protected against whatever vexa- 
 tious proceedings may be taken against him, to the utmost 
 extent of what is reasonable ; for it is much better the peace 
 officer should be protected, who is acting hona fide for the 
 benefit of the public, from the consequences of an occasional 
 and unwitting wrong, and certainly that he should not be 
 amenable for the wrong of another, than that he should be 
 deterred from arresting the criminals and ofienders against the 
 peace of society. It is for this purpose that t iatutes have been 
 passed. 
 
 The Imperial statute, 24 Geo. II. c.44, s.G,, in effect provides, 
 that no action shall be brought against a constable or other 
 officer, or any one aiding him, for anything done in obedience 
 to any warrant under the hand or seal of a justice, until 
 
8i SE 
 
 CONSTABLES* GUIDE. 
 
 (1) demand in writing of the perusal and copy of such warrant 
 has been made or left at his usual place of abode by the party 
 intending to bring the action, or by his attorney or agent, 
 signed by the party demanding the same (2), and the same has 
 been refused or neglected for six days after such demand. 
 In Jones v. Vaughan, 5 East 445, it was decided that no 
 action can be brought against the constable for six days after 
 demand ; but if the constable, even after the six days, give 
 the perusal and copy, he cannot be sued, if no action has 
 been brought against him in the meantime. And in case, 
 after such demand and compliance therewith by showing 
 the warrant to and permitting a copy to be taken of it by the 
 party demanding it, any action is brought against the constable 
 or other officer, or any one acting for him, for any such cause 
 as aforesaid, whether such action be brought alone against the 
 constable, officer, or person aiding him, or jointly against him 
 and the justice, then, on producing or proving the warrant at 
 the trial of such action, the jury shall give their verdict for 
 the constable, officer, or person aiding him, so sued, notwith- 
 standing any defect of jurisdiction in the justice. The object 
 of this provision was to relieve the constable altogether from 
 responsibility, when he has a warrant, and acts in obedience 
 to it, and shows it, and gives a copy of it when demanded, and 
 to put the magistrate in his place. {Jones v. Vaughan, 5 East. 
 448.) Before this, the constable was liable to be sued without 
 any protection for executing the warrant, and to be indicted 
 (which he still is) if he did not. If, therefore, the constable 
 
 1. Have no warrant, {Postlethwaite v. Gibson, 3 Esp. 26); 
 
 2. Or if he do not act in obedience to it, {Bell v. Oalcley, 2 
 
 M. & Sel. 259 ; Crozier v. Cundy, 6 B. & C. 232) ; 
 3 Or if he refuse or neglect to show it, and to furnish a 
 
 copy of it when demanded, (5 East. 445) ; 
 4. Or even if he give such perusal and copy, but there 
 
 is no remedy against the magistrate, the constable will 
 
 himself be liable. 
 
 The following cases explain these statements : 
 
 In Sly V. Stevenson, 2 C. & P. 464, where the constable, 
 
 61 
 
 ...Jul 
 
02 
 
 constables' guide. 
 
 ■f ! 
 
 ; Mi • 1 
 
 ^ I' 
 
 r i 
 
 in the absence of the magistrate, got from the clerk a former 
 warrant, which had been directed to a messenger in bank- 
 ruptcy, and which had been returned as executed, and struck 
 out the name of the messenger and inserted his own, it was 
 held that the magistrate was not liable, and therefore there 
 was no occasion to make a demand upon the constable for a 
 perusal and copy of the warrant. 
 
 In Crosier v. Cun<h/, 6 B. & C. 232, where a constable had 
 a warrant to seize one hundred weight of cotton copps, and 
 besides this he took away a tin pan and sieve, which were not 
 necessary to be taken, for the purpose of furnishing evidence 
 as to the cotton copps, it was held that he had no power to do 
 this, as these articles were not within the warrant, and there- 
 fore no demand of the perusal or copy of the warrant was 
 necessary; for in this case it is clear the magistvato could 
 not in any way be liable for the wilfully wrongful act of the 
 constable. 
 
 In Atkins v. Kilhy, 11 A. & E. 777, where a constable, on 
 a demand being made upon hira for a perusal and copy of the 
 warrant, said the original was with the gaoler, and he gave 
 sight of the copy of it, which the party demanding it took, 
 saying he knew the gaoler had the original, and made no 
 objection to the copy; held, that he had waived all objection 
 to not being shown the original. An objection was also taken 
 that the justice who had booked the warrant should have stated 
 in his endorsement that the handwriting of the justice who 
 had issued it had been proved to him on oath, and 3 Tyr. 824 
 was referred to, but this point was not much discussed. The 
 court thought it must be presumed that every thing had been 
 rightly done. 
 
 In Hoye v. Bush, 1 M. & G. 775. — A warrant against Juhn 
 Hoye will not justify tlie arrest of Richard Hoye, although 
 llichard was the party intended; and as the magistrate could 
 not be answerable in this case for the taking of the wrong 
 person, there was no occasion for demanding perusal and copy 
 of the warrant. 
 
 In Stench v. Clarke, 4 B. & Ad. 113, the overseers of a 
 .parish, under a justice's warrant, for non-payment of ^14 1 for 
 
 ! 
 
 I I 
 
CONSTABLES* GUIDE. 
 
 poor-rates, seized an unreasonable and excessive quantity of 
 goods, worth j£600; held, that as the magistrate could not 
 have been responsible for such act of the overseers, there was 
 no occasion to demand perusal and copy of the warrant. 
 Parke, J., says, " The object of the statute in making a 
 demand of the warrant necessary, is that tie justice may be 
 joined as a defendant; but this is an action for seizing goods 
 more than reasonably sufficient for the exigency of the war- 
 rant, an excess for which the justices could not possibly have 
 been made joint defendants." 
 
 In Smith v. Wiltshire, 2 B. & B. G15. — Warrant to search 
 for black cloth which had been stolen — the constable found 
 no black cloth, but took cloth of other colours, refusing to say 
 whether they had a warrant or not. Held, they must be sued 
 within six months, and could not be sued later. — Query, see 
 C B. & C. 232, Sup. 
 
 In Cotton v. Kadwell, 2 N. & M. 399.— Where the consta- 
 ble had a warrant for £1 4s. 6d., which, before seizure, was 
 tendered to him j but he refused to take it, unless his fees 
 were also paid — he had no fees, nor was there anything about 
 fees in the warrant — ^he distrained for his fees. Held, that 
 as the magistrate could not be liable for this act of the 
 constable, no demand of perusal and copy of the warrant was 
 necessary. 
 
 The action against the constable must be brought in six 
 months after the act committed; and even in a case where the 
 constable has no authority to act, as where the warrant was 
 directed " To the constable of D." (a parish in the county of 
 W.), but was delivered to and executed by a county constable 
 of W., it was held that althoiigh none but a constable of D. 
 could execute it, yet the county constable was entitled to the 
 protection of the statute, which required all actions to be 
 brought in six months' time ; and as this had not been done, 
 he was entitled to succeed. (Frecgard v. Barnes, 7 Exch. 
 827.) 
 
 In Hardy v. Ryle. — The last day of imprisonment was the 
 14th December. This action was commenced on the 14th 
 June — the question was, whether, in reckoning the six 
 
 63 
 
ii 
 
 s 
 
 
 f! 
 
 
 ►i) 
 
 't 
 
 64 CONSTABLES^ GUIDE. 
 
 months, the action was brought in time or not — if the 14th 
 December were to be computed, the action was one day after 
 the six months j but if the 14th December was not to be com- 
 puted, the action was brought in time. Held, the action was 
 in time, for the 14th December was not to be computed. 
 
 XVI. — General Statutory Enactments. 
 
 In addition to the statutes before given, the following may 
 also be of service to refer to : 
 
 Bailiffs of division courts to exercise the authority of a con- 
 stahle during the actual holding of the court of which they 
 are bailiffs, with full power to prevent breaches of the peace, 
 riots, or disturbances within the court room or building in 
 which the court is held, or in the public streets, squares, or 
 other places within the hearing of the court; and may, with 
 or without warrant, arrest all parties offending against the 
 meaning of this clause, and forthwith bring the offender before 
 the nearest justice of the peace, or other judicial officer having 
 power to investigate the matter. (13 & 14 Vic. c. 53, s. 13.) 
 
 Attachments against absonding debtors from the division 
 court may be addressed to, and executed by, the bailiff of the 
 court, or by any constable of the county, and he shall proceed 
 in the manner pointed out bj ine statute. (13 & 14 Vic. cap, 
 53 sec. 64.) 
 
 Constable shall not be a juror. 
 
 No constable, &c., directly or indirectly, shall purchase any 
 goods exposed by him for sale under any execution. (2 Geo. 
 IV. cap. 1 sec. 21 ; 51 Geo. III. cap. 6 sec. 3.) 
 
 Every peace officer of the county is bound to carry into 
 effect the warrants and other process issued by the Commis- 
 sioners appointed to manage the Indian lands. (2 Vic. cap. 
 15 sec. 9 J 13 & 14 Vic. cap. 74 sec. 14.) 
 
 If any person against whom a warrant is issued by the Chief 
 Justice of the Queen's Bench, or by any other magistrate 
 having competent authority, in any of her Majesty's provinces 
 or governments in North America, for any felony or other 
 orime of a high nature, escape into oi is found in any part of 
 
Si ^E 
 
 constables' guide. 
 
 65 
 
 ■if! 
 
 Upper Canada, any justice of the peace of the county, city, or 
 place where such person is supposed to be, may, upon due 
 proof being made of the handwriting of the magistrate who 
 issued the warrant, crdorse his the said justice's name 
 thereon ; and such warrant so endorsed shall be a sufficient 
 authority to all persons to whom the warrant was originally 
 directed, and also to all constables of the county, city, or place 
 where the warrant has been endorsed, to execute the same by 
 apprehending the person against whom the warrant is granted, 
 and to convey him into the province from which the warrant 
 originally issued to be dealt with according to law. (37 Geo. 
 III. cap. 15 sec. 1.) 
 
 In case murder, forgery, larceny, or other crime punish- 
 able by the laws of Upper Canada with death, or confinement 
 at hard labour, be charged to have been committed within the 
 jurisdiction of a foreign country by a person who has fled to, 
 or sought refuge in. Upper Canada ; and in case a requisition 
 for the surrender of such person be made by the government 
 of such country, or by its ministers or officers authorised to 
 make the same, then upon such evidence of criminality as 
 would warrant his apprehension and commitment for trial, had 
 the offence been committed in Upper Canada, the Governor 
 may in his discretion, by and with the advice of the Executive 
 Council, deliver such person up to justice, and direct his 
 transmission to the custody of such foreign government. (3 
 Wm. IV. cap. 6, sees. 1, 2, 3.) 
 
 For preventing the escape of any person so charged, before ^^^pre appu- 
 an order for his transmission can be obtained from the Gov. ™»do to the 
 
 Governor for 
 
 ernor, any judge or justice of the peace in Upper Canada, the surren- 
 acting within his jurisdiction, upon such evidence or oath as such party 
 
 ' t> t ' 1 t 1 i-i I'l charged, a 
 
 satisfies bim that the person accused stands charged with judge, &c.. on 
 some crime Df the description hereinbefore specified, or that ed of or sus- 
 there is good ground to suspect him to have been guilty guut of the 
 thereof, may issue his warraut for the apprehension and com- issuJ'a war- 
 mitment of such person, in order that he may be detained in arrest?' " 
 secure custody until application can be made to the Governor 
 for his surrender, and until an order can be made thereon. 
 (3 Wm. IV. cap. 6, sees. 1, 2, 3.) 
 
C6 
 
 CONSTABLES GUIDE. 
 
 i ) 
 
 i:hk. 
 
 In ciiso of 
 viotK, I'diiota- 
 bli's limy iir- 
 ruft partliH 
 who Jo nnt 
 ili.'l)i!rMoal'(tir 
 prucliiuititiuii 
 
 ■C'onstahles, 
 <£c, indieinni- 
 ili'i! fur niiy 
 Injury they 
 may do, if 
 roslsteil. 
 
 OmstahhiH, 
 lite, in;iy iir- 
 rcst persoHH 
 niosally 
 tiainiD^. 
 
 .Tiietices o f 
 any county 
 may, under 
 this statute, 
 act In every 
 othfiroounty 
 ■in U. Canada. 
 
 J'eos of 
 constables. 
 
 Fees may be 
 levied 
 bevond tlie 
 am )unt of 
 the fine, &c. 
 
 Services for 
 privatu iudl- 
 
 In case of any unlawful, riotou.s, or tumultuous asscmblj 
 twelve or more persons shall continue together thereat, and 
 not disperse within one hour after proclamation has been made 
 to depart, every constable, &c., &c., &c., shall seize the per- 
 sons so unlawfully continuing together, and carry them before 
 one or more justices of the peace of the place where they were 
 so taken, to be pnoceeded against according to law. (8 Wm. 
 IV. cap. 3, sec. 13.) 
 
 If in dispersing any of the persons so unlawfully assembled 
 any of such persons happen to be killed, maimed, or hurt, by 
 reason of their resistance, every constable, &c., &c., ^'c, and 
 all persons aiding him shall be free, discharged, and indemni- 
 fied, as well against the Queen as against all other persons of 
 or concerning the killing, maiming, or hurting of any such 
 persons so unlawfully assembled. (3 Wm. IV. cap. 3, sec. 13.) 
 
 Constables, &c., may disperse, arrest and detain all persons 
 who meet without lawful authority for the purpose of training 
 or drilling, or of being trained or drilled to the use of arms, or 
 in the practice of military exercise. (1 Vic. cap. 11, sec. 2.) 
 
 All justices of the peace for any county in Upper Canada 
 shall have concurrent jurisdiction as justices ft the peace with 
 the justices of the peace of any other county in all cases as to 
 carrying into execution the provisions of this act, and as to all 
 matters and things relating to the preservation of the public 
 peace, as fully and effectually as if each of such justices were 
 in the commission of the peace for each of such counties. (1 
 Vic. cap. 11, sec. 7.) 
 
 The table of fees for services rendered in the administration 
 of justice, and for other county purposes, by sheriffs, &c., <fec., 
 constables, &c., heretofore framed by the justices of the peace 
 of their respective counties, and confirmed by the judges of 
 the Queen's Bench, shall continue till otherwise appointed. 
 (8 Vic. cap. 38, sec. 1.) 
 
 All per centage, fees, or allowances on levying fines or recog- 
 nizances, may be levied over and above the amount of such 
 fines and recognizances. (8 Vic. cap. 38, sec. 2.) 
 
 All fees on services in the nature of a civil remedy for indi- 
 
8 J ^E 
 
 constables' guide. 
 
 67 
 
 id 
 
 ire 
 u. 
 
 vIJiKild lit whoso itiyt;iiico, and lor whose pvivato benefit the ^''l"",!^ ♦" *J° 
 
 ' » pnlil lor liy 
 
 samo are perlurmcd, shall be paid by such iiidividiuds. ♦''^'"'• 
 
 The judges shall, in tables to be framed by them for such ^'ll; 'Jjjjjf,!^.!]. 
 purpose, distinguish the fees to bo paid by private indivi-}',"^*;";'"^,,',;^!^ 
 duals, and, except as herein otherwise provided, all other fee3|J'|'|.'^.[j"'''^^ 
 shall be paid out of the county funds. (^Ibid.) 
 
 Nothing shall deprive any of such officers of such fees as huco ni)t to 
 
 11 1 1 o T. !• /• 1 • iiitcrfiTo 
 
 arc allowed by any act oi rarliament tor other services not with any 
 herein provided for. (^Ibid, sec. cJ.) oiHtermiiy 
 
 Any officer wilfully demandiiip; or receiving any other or ,,,„,; ^^^^^^^ 
 greater fee or allowance, shall, for every such offence, forfeit '■"'^•'''■'"■^*""' 
 and pay the sum of ten pounds to any person who sues there- 
 for. {Ibid, sec. 4.) 
 
 TIio fees of justices of the peace, and of their clerks, are juytjjgj,.f^^.g^ 
 settled by the 14 & 15 Vic. cap. 119, sees. 2, 3. 
 
 The several heads of expense in the administration of cri- xaWn of con- 
 uiiual justice are provided for by the statute noted at the end' 
 of this clause; and as respects constables they are as follows. 
 The sums are those allowed by the judges in November, 1845, 
 (9th Victoria), distinguishing those payable by private parties 
 from those payable by the public. 
 
 I stablo's foes. 
 
 ( 
 
 1. Arrest of each individual upon a warrant. Ifj 
 
 payable; by the Crown, and to be paid by the 
 Crown or by t party, as the case may bo.. 
 
 2. Serving summousj ot subpoena 
 
 .'{. Mileajre, per mile 
 
 4. 
 5. 
 
 Attending Assizes or Sessions | 6 
 
 Attending any justice on the examination of 
 prisoners cli ^od with any crime, per day... 
 
 Mileage in gi ag to serve summons or war- 
 rant when the service has not been effected, 
 the justices in Sessions being satisfied that 
 due diligence wis used, per mile 
 
 Taking prisoners to jail, exclusive of disburse- 
 ments necessarily expended in their convey- 
 ance, per mile 
 
 IpAYAnLE BY 
 
 1 ruuLic. 
 
 1 
 
 1 
 
 d. 
 
 1 
 
 5 
 
 
 
 1 
 
 3 
 
 
 
 G 
 
 6 
 
 
 
 1 5 
 
 1 
 i 
 
 
 
 
 
 6 
 
 
 
 1 
 
 4 
 
 PAYABLK BY 
 PRIVATE 
 PAUTy. 
 
 «. d. 
 
 5 
 
 1 3 
 
 G 
 
 
 
 
 
 6 
 
 
 
CONSTABLES' GUIDE. 
 
 f 
 
 %\ 
 
 8. Summoning jury foi* inquest 
 
 9. Attending inquest each day, otlier than the 
 
 first 
 
 10. Serving notice of appointment of constables, 
 wlien personally served. 9 Vic. cap. 58 sec, 3 
 
 In levying distresses for any rent or penalty 
 not exceeding £20, not more than the following 
 fees shall be takeu • 
 
 11. Levying distress 
 
 12. Man keeping possession, per day 
 
 13. Appraisement, •whether by one appraiser or 
 more, in the pound on the value ot the goods 
 
 1 \ If any printed advertisement, not to exceed.. 
 
 15. Catalogues, sale and commission, and deli- 
 very of goods in the pound on the net pro- 
 duce of the sale. 1 Vic. cap. 16 sec. 1 
 
 pavahle by 
 
 I'UllLIC. 
 
 s. 
 
 d. 
 
 10 
 
 
 
 5 
 
 
 
 o 
 
 G 
 
 5 
 
 
 
 3 
 
 9 
 
 
 
 4 
 
 6 
 
 
 
 1 
 
 
 
 PAYADLB DT 
 PniVATE 
 PAKTY. 
 
 s. d. 
 
 
 
 
 
 
 
 3 9 
 
 4 
 5 
 
 1 
 
 Copy of (le- Every person who makes a distress shall give a copy of 
 
 niiind, and of •' ^ b fj 
 
 'harjjes.tobe demand, and of all the costs and charges of the distress, 
 tress made, signed by him, to the person on whose goods the distress is 
 
 levied, although the amount of the rent or penalty exceeds 
 
 £20. (8 Vic. cap 38, sec. G.) 
 Punifhmi'nt If any pcrson offend against this act, he is liable to pay 
 
 formiscon- •'- i, ^ ^ i> ^^ ■, 
 
 duct of offl- treble the amount of the money unlawfully taken, and full 
 
 cjsts to be paid to the party aggrieved. {Ibid, sec. 2.j 
 Constables Stipendiary magistrates in unorganized tracts of country 
 appointed in ^jjjy appoint coustables for the same. C20 Vic. cap. GO, sec. G.) 
 
 unorganized J rr \ r > y 
 
 And also in Constables may be appointed for provisional judicial dis- 
 and* judicial tricts. (16 Vic. Cap. 176, sec. 5.) 
 
 districts. 
 
 Constables Tho Returning or Deputy Returning Officer may call in the 
 appointed at assistance of o^^ constables, &c., to aid him in keeping the peace 
 elections. ^^ elections, and he may swear in special constables for that 
 
 purpose. (12 Vic. cap. 27, sec. 50.) 
 When con- Constables may, under the statutes providing with respect 
 seize giin!^ to riots near public works, after the Governor has issued a 
 works.^" ° pi'oclamation that a certain specified locality shall be under the 
 
8i ^E 
 
 CONSTABLES GUIDE. 
 
 69 
 
 enactments of suet statutes, and under a warrant to him for 
 that purpose, search for and seize any gun or other instrument 
 specified in the statutes mentioned at the end of this note, 
 which he may find in the possession of any one, or in any 
 house or place ; and in case admission cannot be obtained to 
 such house or place, the constable may, after demand, enter 
 the same by force, by day or night, and seize such weapons. 
 (8 Vic. cap. 6, sees. 2 & 7 ; 14 & 15 Vic. cap. 76.) 
 
 The constable, &c., may also, without warrant, arrest and Constables 
 detain any person employed on any such public work, who is ^raon^car- 
 found carrying any such weapon, if in his judgment it aff'ords pouTalpub- 
 a just cause of suspicion that the weapons are carried for a "^'^°' ^' 
 purpose dangerous to the public peace. (^Ihidy sec. 8.) 
 
 The Governor, under the statute, may establish a mounted Mounted 
 police force, to preserve the peace of such particular provfeiedfo/ 
 locality or localities ; and such persons shall, during the time ties. 
 they are employed, be constables (for the purpose for which 
 they are enrolled) for the county. (76ttZ, sees. 13, 14, 15.) 
 
 Constables, though they may be enrolled for the militia, are Constables 
 exempt from attending muster, and from actual service, except muitia ge'r"™ 
 in case of war, invasion, or insurrection. (18 Vic. c. 77, s. 7.) in'^war^ic^ 
 
 The person presiding at a public meeting called under the The chair- 
 
 , , . , . , ,,. , 1 , manatasta- 
 
 statule below mentioned, respecting the calling and orderly tutory public 
 holding of public meetings, may command the assistance of all can in the aid 
 constables, &c., to aid him in keeping the peace at such meet- 
 ing. (7 Vic. cap. 7, sec. 12.) 
 
 ... Justices at 
 
 Special constables may be sworn in by a justice at such suchmeeting 
 meeting, on the request of the person presiding. (Ibid, s. 13.) special con- 
 Any one, between the ages of eighteen to sixty, refusing to Punishment 
 be sworn in, unless for a sufficient cause, to be allowed by the toVe* sworn 
 justice, shall be guilty of a misdemeanor. (Ibid, sec. 14.) 
 
 All persons guilty of murder, or assault with intent to com- Persons com- 
 
 '. 3 ' -u-u c iV ii -.mlttinKcer- 
 
 mit murder, piracy, robbery, lorgery, or the utterance oi tain crimes 
 forged paper, committed within the jurisdiction of the United sut«>s may 
 States, and who are found in thir Province, may, on complaint undorVe* 
 before a justice of the peace, be taken under warrant, and magistrate of 
 may, if the charge be sustained according to the laws of this *'*'*^'°'*°'' 
 
 f I 
 
 \\ 
 
70 
 
 constables' guide. 
 
 PunisliuiGnt 
 for shooting, 
 4c., to pre- 
 vent arrest. 
 
 rn 
 
 Province, be delivered up by the Governor, upon a requisition 
 
 by the United States authorities. (12 Vic. cap. 19, sec. 1.) 
 
 Any person who unlawfully and maliciously shoots at any 
 
 person, or by drawing a trigger or in any other manner 
 
 attempts to discharge any kind of loaded arms at any person, 
 
 or stabs, wounds or cuts any person, with intent to resist or 
 
 prevent the lawful apprehension or detainer of any person, 
 
 shall be guilty of felony. (4 & 5 Vic. cap. 27, soc. 11.) 
 
 Persons com- Any persou may apprehend another found committing an 
 
 indictable of- indictable offence in the nii'ht, and convey or deliver him to 
 
 fence in tlie , , , ° \ , , . , . i 
 
 night may bo some constablc or other person, in order to his being taken, as 
 witiiout war- soon as Conveniently may be, before a justice of the peace, to 
 
 be dealt with according to law. (18 Vic. c. 02, s. 40.) 
 Punishment If anypcrson found committing an indictable offence in the 
 
 of persons *' * i ^ i i m • i 
 
 taken in the nioht, and, apprehended thereon, assault or offer violence to 
 
 nisht on in- ° ' , , , • , , i , . , . 
 
 dictiibio of- any person by law authorized to apprehend or detain hiin, or 
 
 fsnce, for as- . ,. i rv i rr i i 11 i m 
 
 saiiiting the to any pci'son aiding such omcer, the ottender shall be guilty 
 
 person tak- „ ., ,■ u • 1 a-i \ 
 
 ingthem. 01 a misdcnieanor. (^louf, sec. 41.) 
 
 Punishment If any constablc refuse to serve or execute any summons or 
 
 of constables '' . • i i i n 
 
 refusing to warrant, under the act respecting cruelty to animals, he shall 
 
 act under , ,. , , ^• nr • ■, n ^ p 
 
 statute reiat- be liable to a penalty not exceeding £o, or, in default of pay- 
 ing to cruel- , , Z . . , ,„„ ,,. 
 
 ty to animals me nt, to uot morc than one month s imprisonment. (20 Vic. 
 cap. 31, sec. 11.) 
 
 Persona Anv pcrson found committing an offence punishable on 
 
 found com- . .. "^ ^ . *'. , , , , , 
 
 mittingan indictment or on summary conviction, may be apprehended by 
 
 offence may „ ., ,i 
 
 be arrested any peace ofhcer without a warrant, or by the owner of the 
 rant. property on or with respect to which the offence is being com- 
 
 mitted, or by his servant, or by any other person authorized 
 by the owner, and he shall be forthwith taken before some 
 neighbouring justice, to be dealt with according to law. (4 
 & 5 Vic. cap. 25, sees. 25-55; 4 & 5 Vic. cap. 20, see. 28.) 
 
 PersonsofTer- If any pcrsou to whoin any property is offered to be sold, 
 
 ingtoscll, ■■ ■■ 1. -, 1 1 , , 
 
 ic, stolen pawned or delivered, has reasonable cause to suspect that any 
 pectod to be offcncc, punishablc summarily or by indictment, has been com- 
 be arrcsteT mittcd on or with respect to such property, he may and, if in 
 rant." ^"^ his powcr, shall apprehend and forthwith carry the person 
 offering the same, together with the property, before a justice 
 
m e 
 
 constables' guide. 71 
 
 of the peace, to be dealt with according to hiw. (-4 & 5 Vic. 
 cap. 25, sec. 55.) 
 
 Any constable or peace officer may, without warrant, take r^rsons 
 mto custody any person whom he finds lying or loitering in idk', &c, in 
 any highway, yard or other place, during the night, and whom thu nijiht, 
 he has good cause to suspect of having committed or being ifciony, miij 
 about to commit any felony, and may detain such person until without war- 
 he can be brought before a justice of the peace, to be dealt"*" ' 
 with according to law. (10 & 11 Vic. cap. 4, sec. 14.) 
 
 No such person shall be detained after noon of the follow- To bo 
 ing day, without being brought before a justice of the peace, fore fu.sOce 
 (10 & 11 Vic. cap. 4, sec. 15.) ""''* *'"^- 
 
 In case it is made to appear to any two or more justices of i" cnso of 
 the peace of any territorial division, on the oath of a credible actual or ai',- 
 Witness, that any tumult, not or telony has taken place, or istwojustices 
 continuing, or may be reasonably apprehended, within the s[)eciiii con- 
 limits of such justices, and in case the justices are of opinion 
 that the ordinary officers appointed for preserving the peace 
 are not sufficient, such two or more justices may appoint by 
 precept in writing under their hands so many persons not 
 legally exempt from serving the office of constable, residing in 
 such place or in the neighbourhood thercf, to act as special 
 constables, and the following oath shall ')o administered to 
 them : 
 
 i \l 
 
 " I, A. B., do swear that I will well and truly serve our Sov- spedai con- 
 ereign Lady the Queen, in the office of special constable for thestubio'souih. 
 
 of , without favour or affection, malice 
 
 or ill-will ; and that I will to the best of ray power cause the 
 peace to be kept and preserved, and will prevent all offences 
 against the persons and properties of her Majesty's subjects ; and 
 that while I continue to hold the said office, I will to the best of 
 my skill and knowledge discharge all the duties thereof faithfully 
 according to law : So help me God." 
 
 Notice of the appointment of such special constables, and ofNotiooiar-" 
 the circumstances which rendered it expedient to appoint be sent to 
 them, shall be forthwith transmitted by such justices to the '°'' *'^^" 
 Secretary of the Province. (10 & 11 Vic. cap. 12, sec. 1.) 
 
 The justices of the peace, or any two of them, who appoint JuRticesmsy 
 
 ., 11-1 !• ,.. .,. niako regula- 
 
 any special constables under this act^ or the justices acting tortious for 
 
72 
 
 constables' guide. 
 
 i i 
 
 Powers of 
 t^uch special 
 ■constables. 
 
 Such special 
 constables 
 may act in 
 adjoining 
 districts in 
 certain cases, 
 
 special con- tJjQ limit within which such constahles have been called out, 
 
 Htables. , _ , ' 
 
 shall, at a special session of such last-mentioned justices, or of 
 the major part of them, make such orders and regulations from 
 time to time as may be necessary for rendering such constables 
 more efi&cient for the preservation of the public peace, and they 
 may also remove any suoh special constable from his oflSce for 
 misconduct or neglect of duty. {Ibid, sec. 2.) 
 
 Every such special constable shall have, exercise and enjoy 
 all the powers, authorities, advantages and immunities, and be 
 liable to all the duties and responsibilities, which any consta. 
 ble duly appointed has by virtue of any law whatever, not only 
 within the territorial division or place for which he has been 
 appointed, but also throughout the entire jurisdiction of the 
 justices so appointing him. (^Ihid, sec. 3.) 
 
 When any such special constables are serving within any 
 territorial division or place, and two or more justices of the 
 peace of any adjoining district or place, shall make it appear 
 to the satisfaction of any two or more justices of the peace 
 acting for the limits within which such special constables are 
 serving, that any extraordinary circumstances exist which 
 render it expedient that such constables should act in such 
 adjoining territorial division or place, then the said last men- 
 tioned justices may, if they think fit, order all or any of the 
 said constables to act in such adjoining territorial division or 
 place in such manner as to the last mentioned justices may 
 seem meet. Every such constable shall, during the time he 
 so acts in such adjoining territorial division or place, have, 
 exercise and enjoy all the powers, authorities, advantages and 
 immunities, and be liable to all the duties and responsibilities, 
 as if he were acting within the territorial division or place for 
 which he was originally appointed. {Ibid, sec. 4.) 
 
 Penalty on If any person appointed to be a special constable as afore- 
 
 constables ./ r 1 1 ^ * 
 
 rcfusinK to said, refuse to take the oath aforesaid when thereunto required 
 by the justices so appointing him, or by any two of them, or 
 by any other two justices of the peace acting for the same 
 limits, he shall be liable to be convicted thereof forthwith 
 before the said justices so requiring him, and to forfeit and 
 
 1 f 
 
si ^E 
 
 
 constables' guide. 
 
 pay such sura of money, not exceeding £5, as to the justices 
 so requiring him shall seem meet. {Ibid, sec. 5.) 
 
 If any person appointed to be a special constable neglects ivndty on 
 or reiuses to appear at the time and place lor -which he isrofusmRoo 
 summoned for the purpose of taking the said oath, or, upon tike-oath, n- 
 being called on to serve, he shall neglect or refuse to serve ' ' ' 
 as such special constable, or to obey such lawful orders or 
 directions as may be given to him for the performance of the 
 duties of his office, he shall, in any of such cases, on conviction 
 thereof before any two justices of the peace, forfeit and pay 
 for every such neglect or refusal such sum of money, not 
 exceeding £5, as to the said justices shall seem meet, unless 
 he shall prove to the satisfaction of the said justices that he 
 ■was prevented by sickness or such other unavoidable accident 
 as shall in the judgment of the said justices be a sufficient 
 excuse. (^Ibid, sees. 5, 6.) 
 
 The justices who have appointed any such special constables, Jnsti.os m.-.y 
 or the justices acting for the limits within which such special detominT 
 constables have been called out, may, at a special session, heldof.spuda'r^ 
 for that purpose, of such last mentioned justices, or the major *^*'"*"''"'' 
 part of them, suspend or determine the service of all or any of 
 the special constables so called out, as to the said justices 
 respectively shall seem meet ; and notice of such suspension 
 or determination of the services of all or any of the said spe- 
 cial constables shall be forthwith transmitted by such respec- 
 tive justices to the Secretary of the Province. (Ibid, sec. 7.) 
 
 Every such special constable shall, within one week after constaUo 
 the expiration of his office, or after he has ceased to hold or stnves7&c."'' 
 exercise the same, deliver over to his successor (if any such Suuged'r 
 has been appointed, or otherwise to such person and at such 
 time and place as may be directed by any justice of the peace 
 acting for the limits within which such special constable has 
 been called out) every staff, weapon and other article whicl:. 
 shall have been provided for such special constable ; and if 
 any such constable shall omit or refuse so to do, he shall, on 
 conviction thereof before two justices of the peace, forfeit and 
 pay for such offi3ncc such sum of money, not exceeding £2, as 
 to the convicting justices shall seem meet, (/^u/, sec. 8.) 
 
 fi 
 
 } II 
 
 1 
 
1oi> 
 
 m\ 
 
 s 
 
 %. 
 
 i T 
 I 
 
 74 constables' guide. 
 
 runishmont jf any person assaults or resists any such constable wLiie in 
 
 of persons as- •' » •' 
 
 sauiting, &c.. the execution of his office, or promotes or encourages any other 
 
 Bpecial con- _ in ••ir 
 
 t-tabies. persons so to do, every such person shall, on conviction thereoi 
 before two justices of the peace, forfeit and pay for such 
 offence any sum not exceeding £10, or be liable to such other 
 punishment upon conviction on any indictment or information 
 for such offence, as any such persons are by law liable to for 
 assaulting any constable in the execution of the duties of his 
 office. (Ibid, sec. 9.) 
 
 Special con- The justiccs of the peace acting for the limits within which 
 be aiiowid a such Special constables have been called out to serve, at a s^^e- 
 pcr diem for cial scssiou to be hcld for that purpose, or the major part of 
 
 their services ., -i-.i • 1.1. jxj 
 
 the justices at such session, are hereby empowered to order 
 from time to time such reasonable allowances foi the trouble, 
 loss of time, and expenses of such special constables (not, 
 however, to exceed 5s. per diem), to be paid to such of them 
 as shall have served or be then serving, as to such justices or 
 the major part of them shall seem proper. {Ibid, sec. 10.) 
 To be paid The justiccs SO Ordering shall make every order for the pay- 
 surer of tiie ment of such allowances and expenses upon the treasurer of 
 *"^'' ' ^ the territorial or other municipal division within which such 
 special constables shall have been called out to serve, and the 
 treasurer shall pay the same out of any monies in his hands at 
 the time, and he shall be allowed the same in his account":, and 
 the sum shall be provided for by the Council of the territorial 
 division or other municipality wherein the expense arises. 
 (Ibidf sec. 10.) 
 Special sos- The justiccs of the peace assembled at any special session 
 
 slons may be. i> t • -y t if 
 
 adjourned, for any of the said purposes, may adjourn the same Irom time 
 
 to time, as they think proper ; and every special session actu- 
 
 They shall be ally holdcn for any of the said purposes, shall be deemed to 
 
 until the havc been legally holden until the contrary is proved. (^Ibid, 
 
 contrary be -i i \ 
 
 proved. SCO. li.) 
 
 Limitation of The prosccution for every offence punishable upon summary 
 
 prosecutions ... . /• i • i n i i . . . 
 
 under this couviction by Virtue of this act, shall be commenced withm 
 
 Act. . . 
 
 two calendar months afler the commission of the offence. 
 (Ibid, see. 12.) 
 of^penaUiefc Evcry penalty or forfeiture for any offence against this act 
 
sJ 
 
 •o 
 
 -w 
 
 I! 
 
 constables' guide. 
 
 •<5 
 
 ^) 
 
 shall be paid to the treasurer of the territorial or other muni- 
 cipal division within which the offence was committed. {Ibid, 
 sec. 12.) 
 
 No inhabitant of such territorial or other municipal division Jf munic?-** 
 shall, by reason of the payment of such forfeiture or penalty to ^ompotent^° 
 such treasurer, be deemed an incompetent witness in proof of ^"i^esses. 
 any offence against this act. {Ibid, sec. 12.) 
 
 The justices of the peace by whom any person is summarily now peuai- 
 convicted and adjudged to pay any sum of money for any offence levied if not 
 against this act, may adjudge such person to pay the same tho time to 
 cither immediately or within such period as the justice thinks 
 lit. In case the same is not paid at the time appointed, it imprison- 
 it shall be levied by distress and sale of the goods and chattels fauUo^pay- 
 of the offender, together with the reasonable charge of the ™*°*" 
 distress ; and for want of sufficient distress, the offender shall 
 be imprisoned in the common gaol for any term not exceeding 
 one calendar month when the fine to be paid docs not exceed 
 £5, and for any term not exceeding two calendar months in 
 any other case. The imprisonment in every case to cease upon 
 payment of the sum due. {Ibid, sec. 13.) 
 
 The justices of the peace before whom any person is sum- a form of 
 marily convicted of any offence against this act, may cause the appointed, 
 conviction to be drawn up in the following form of words, or 
 to the like effect, that is to say : 
 
 •* "I " Be it remembered, that on the day of ^ _. 
 
 To Wit : j in the year of our Lord , in the of , in ^^ **'™* 
 
 the county of , J. N. is convicted before us A. B. and C. D., 
 
 two of her Majesty's justices of the peace for the said county of 
 
 ; for that he the said J. N. did {hei'e specify ihe offence, and 
 
 the time and place wJien and where ihe same was commuted, as the 
 case may be), and we do adjudge that the said J. N. shall for the 
 said offence forfeit the sum of -, and shall pay the same imme- 
 diately (or shall pay the same on or before the day of ) to 
 
 the treasurer of the . 
 
 "Given under our hands tho day and year first above mentioned. 
 
 " A. B. 
 
 "CD." 
 {Ibid, sec. 14.) 
 
 No conviction for any offence against this act shall be Convictroos 
 quashed for want of form, or be removed by certoriari or removed or 
 
 ■11 
 
 1 " 
 
 1 1! 
 
76 
 
 constables' guide. 
 
 l«i jj 
 
 
 for want of '^ othcrwisG into any of lier Majesty's superior courts of record. 
 
 form. Nor (7^/(7 gee. 15.) 
 any warrant ^ ' ' 
 
 ment?" No warrant of commitment shall be held void by reason of 
 
 any defect tbercin, provided it is alleged therein that it is 
 founded on a conviction, and there is a good and valid con- 
 viction to sustain the same. {Ibid, sec. 15.) 
 
 Similar pro- When any distress is made for levying any monies by virtue 
 disire8sran>f this act, the distrcss itself shall not be deemed unlawful, 
 underu."^* nor the party making the same, be deemed a trespasser on 
 account of any defect or want of form in the summons, convic- 
 tion, warrant, distress, or other proceedings relating thereto, 
 nor shall the party distraining bo deemed a trespasser 
 ahinitio on account of any irregularity afterwards committed 
 by him ; but the person aggrieved by such irregularity may 
 secure full satisfaction for the special damage, if any, in an 
 action on the case, (Jhid, sec. 15.) 
 
 Provisions 
 for tlie pro- 
 tection of 
 persons act 
 ing under 
 tliia act. 
 
 Notice of 
 action. 
 
 Amends. 
 
 i 
 
 No costs, WO: 
 
 less on certi' 
 flcate of the 
 judge. 
 
 Kecorders 
 may, witli 
 consent of 
 party charg- 
 ed, try sum- 
 marily any 
 assault on a 
 constable. 
 
 All actions and prosecutions against any person for anything 
 done in pursuance of this act shall be laid and tried in the 
 county or other proper venue where the fact was committed, 
 and shall be commenced and tried within six calendar months 
 after the fact committed, and not otherwise; and notice in 
 writing of such cause of action shall be given to the defendant 
 one calendar month at least before the commencement of the 
 action. {Ihidf sec. IG.) 
 
 No plaintiff shall recover in any such action if tender of 
 sufl&cient amends by or on behalf of such defendant is made 
 before action brought, or if a sufficient sum of money has been 
 paid into court since action brought ) and though a verdict be 
 given for the plaintiff in any such action, the plaintiff shall not 
 have costs against the defendant, unless the judge before whom 
 the trial is had shall certify his approbation of the action, and 
 of the verdict obtained. {Ibid, sec. 16.) 
 
 The recorder of any city may hear and determine in a sum- 
 mary way, with the consent of the party charged before him ; 
 among other offences, "for assaulting a magistrate, bailiff, con- 
 stable or other officer in the lawful performance of his duty, 
 
 ' ill; 
 
 J* '■- ■ 
 
8i ^E 
 
 constables' guide. 
 
 77 
 
 or witli intent to prevent the perfornianco thereof." (20 Vic. 
 cap. 27, sec. 1; 22 Vic. cap. 27, sec. 1.; 
 
 J3y the Juvenile Oflfenclcrs Act, the justices before whomjusticcsmay 
 any person is prosecuted or tried, may order payment to the offlcerrthdr 
 constables and other peace officers for the apprehenr,ion and ^°^' 
 detention of any person charged; and the magistrates shall 
 certify the amount (not to exceed £2) under their hands. 
 (20 Vic. cap. 29, sec. 10.) 
 
 Any of the military or naval pensioners enrolled under the Pensioners 
 Imperial statutes as a local force, for the preservation of the not "xceeci- 
 peace in any part of this Province, and who volunteer to serve voUinteeKor 
 also as members of a local police force, or any other person ^°^'''® ^'^'^^°' 
 volunteering to serve as aforesaid, may be enrolled to be so 
 employed when required, under such regulations, superinten- 
 dence and control as the Governor-in-Council may think 
 proper ; provided the number of men to be enrolled at any 
 one time do not exceed five hundred. (14 & 15 Vic. cap. 77, 
 sec. 1.) 
 
 The pensioners and others so enrolled shall be constables ^'^''^°"5«°„ 
 
 * ... enrolledshall 
 
 and peace officers for any locality in which they may for the^e<^o»8tabio8 
 
 *^ . 1 J •> wherever 
 
 time being be employed, and shall have all the powers andthf^ya^o 
 perform all the duties of such office (except in so far as it is 
 herein otherwise provided), and they may be sworn as such by 
 any magistrate for the place where they are enrolled. {Hid, 
 sec. 2.) 
 
 The pensioners or other persons, when actually employed as Pay of tho 
 constables and members of the police force, shall receive out 
 of the provincial or local funds the same pay which is allowed 
 to the pensioners by her Majesty's regulations in that behalf, 
 when called out as military pensioners to act in aid of the civil 
 power. {Ibid, see. 3.) 
 
 No such person shall be called upon to act as a constable or not to be 
 ruomber of the police force for less than four days at any one to seivo^r 
 time, except by his own consent; nor shall he be liable to four days at 
 serve in the police force when he is required in any other No'rThcn 
 capacity by the imperial or military authorities. {Ibid, sec. 3.) "''^^^j® 
 
 The pensioners and others enrolled as members of the police Persons 
 force shall, while so enrolled, be exempt from serving as con- ^^^° ^ °' 
 
! 
 
 78 
 
 C&NSTABLES' GUIDE. 
 
 
 
 ! 'i 
 
 : 
 
 police force stablcs (cxcept whcn acting as members of the police force), 
 
 exempt from . . . . , « • ,t m-,* i 
 
 other Uutius. or as jurors, or in any municipal office, or m the luihtia, and 
 also from statute labour or any capitation tax in lieu thereof; 
 from arrest for debt for any sum under £30, and from taxes 
 on any property belonging to the crown, of which the occupa- 
 tion may be allowed them by the Imperial or military authori- 
 ties, but they shall have no right to vote upon such property 
 at any election, whether municipal or legislative. (Ibid, sec. 4.) 
 
 Snperinten- The GovemoT may appoint the superintendent or chief of 
 
 appointed a" the poUcc force in any locality to be a justice of the peace for 
 
 p^." ° " such portion of the Province as the Governor may think fit, 
 
 although he may not have the qualification in property required 
 
 of justices of the peace generally. (^Ibid, sec. 5.) 
 
 Orantofinnd A free gitint of fifty acres of land shall, on condition of 
 servo 5*yelrs%ctual Settlement, be made to each pensioner or other person 
 who may have been enrolled in the police force for five years, 
 and who shall receive a certificate of good conduct, and of 
 having faithfully performed his duty as a member of the police 
 force whenever called upon to act as such, from the command- 
 ing ofl&cer or the superintendent or chief of police under whom 
 he has served, countersigned by the Provincial Secretary : the 
 grant of land to avail to the children or legal representatives 
 of such pensioner or person who may die before receiving the 
 patent, on condition of performing or completing the duties of 
 actual settlement as aforesaid, notwithstanding anything con- 
 tained in the statute respecting the disposal of public lands 
 to the contrary. (^Ihid, sec. 6.) 
 
 Commanding The officcr in Command of the enrolled pensioners in Canada 
 ^Tioners shall bc ex officio a justice of the peace for every part of the 
 justkeoAhe Provincc, and the staff officers of pensioners shall be justices 
 P®*°®' of the peace for the locality in which they may be appointed 
 
 to command the pensionets, and in any adjoining locality. 
 
 {Hid, sec. 7.) 
 Pensioners Each of the Said officers, and such of the pensioners as 
 
 and others . i 1 1 i 
 
 ■volunteering voluntccr as aforcsaid, shall be held to be officers and soldiers 
 
 tobeentitled „ , t,_ . , , . , , • i i 
 
 to privileges oi her jMajcsty s army on actual service, and be entitled to all 
 actual scr- the privileges and exemptions to which such offi.cera and 
 
 vice. 
 
 
 i ai^^ 
 
^ E 
 
 constables' guide. 
 
 79 
 
 soldiers, when on actual service or on full pay, are by law 
 
 entitled. (/itV?, sec. 7.) Officer in 
 
 But no such officer as aforesaid shall have any power to act noTto act o 
 as a justice of the peace, when called out or acting with any IJ,^"*"p';|'i^,d 
 such pensioners in aid of the civil power. (Ibid, see. 7.) civu power." 
 
 Undor the Imperial acts, the Governor is empowered to issue TheOovemcr 
 his warrant to the Mayor or other chief magistrate of any town ™ar^ran"%u^ 
 or district wherein the pensioners are enrolled, authorizing ch°ef^'°^'* 
 
 05 
 
 niasiB- 
 
 him, in certain cases where the public peace may be cndan- *™*^^°4c"[o 
 gered, to call out the whole or such part of the enrolled pen- p*"s°one«* 
 sioners as he may consider necessary, in aid of the civil power ; |,^^^|'|,^^[,|l'' 
 and it is declared that the Mayor of every city or incorporated ^j^^^^j. 
 town in the Province, the Warden of every county or union of^!''^^'*jJ^j''" 
 counties in Upper Canada, and such justices of the peace as ^^"^ J"»^^'^^" 
 the Governor may from time to time designate in every county Covornor 
 
 •' . . ""*>■ direct. 
 
 in Lower Canada, shall be held to be the chief magistrate of shiui be held 
 
 1 . • /. • o -1 to bo such 
 
 such city, town, county or union of counties, for the purposes chief magis- 
 of the said acts. (Ihitl, sec. 8.) 
 
 This is a temporary act, renewed from year to year, like the 
 Mutiny Act. 
 
 XVTI. — General Requisites for the Discipline and 
 Conduct of the Force. 
 
 T have now concluded all that is perhaps essential to state 
 with respect to the legal rights, powers, and responsibilities of 
 the office, although there is much more which probably could 
 have been said on this subject; but my desire was not to give 
 as ample a narrative as might be written, but as short and suc- 
 cint a one as would be serviceable to the persons for whose 
 use also it has been compiled. 
 
 But there are still many other matters which should be 
 stated here, independently of the strictly legal branch, neces- 
 sary to make a perfect, or even a good policeman. For 
 instance, it is not out of place to add that the qualities required 
 in a peace officer are strength, activity, and endurance of body; 
 courage to a very high, degree ; great intelligence ; and a 
 good, plain education at least. 
 
 In the Edinburgh Ecvieiv for July, 1852, it is said : 
 
 ;iIh 
 
 f I 
 
f^O 
 
 constaijles* guide. 
 
 
 " Those who merely observe a policeman rjuietly Aviilking 
 along his heat, would hardly imagine the cxceedinglj> laborious 
 nature of his duty. Of the numerous candidates for admis- 
 sion into the force, not more than one in three possesses 
 physical strength equal to the work : and the rigid discipline 
 which exacts this exertion, also insists upon extreme propriety 
 of conduct, and great self-command in the most trying cir- 
 cumstances." 
 
 The object of training and discipline is to bring out, prac- 
 tise, and improve these qualifications; for without them all 
 other merit is useless. We may teach the men thoroughly in 
 the law relating to their department, but without this further 
 training, although they might be very good lawyers, they 
 would be very wretched policemen. 
 
 This part of the subject is so difficult and discursive, that I 
 hardly know how to set about it, and certainly I feel my own 
 inability to do it anything like justice. The most, therefore, 
 I fear, which I shall be able to do, will be to refer to works 
 where this information can be obtained, and to endeavour to 
 place these works if possible within the reach of the force. 
 
 Before the training of a r)oliceman can bo said to bo 
 complete, and before even he should have the baton placed 
 in his hands, or be placed on a beat, ho should have 
 learned something of military drill; he should bo found 
 to be acquainted with the Police Regulations, and with the 
 general nature of his duties; he should have attended fre- 
 quently in the Police Court, and have seen how the other 
 older constables give their evidence upon the various com- 
 plaints which are brought up for examination or trial, for 
 much depends upon this. It is not so easy a matter to tell a 
 plain story as one may be at first disposed to think, without 
 unnecessary length, in simple language, and without wandering 
 away into all sorts of references and subjects which have 
 nothing to do v/ith the question. But this habit can bo 
 acquired, and it is necessary for the policeman he f-hould 
 practice it until he do acquire it ; for the person who can give 
 a narrative of an occurrence in the fewest words, and iu the 
 clearest and plainest manner, is by all odds the best witness. 
 
i "^E 
 
 ' ( 
 
 constables' guide. 
 
 81 
 
 A cloud of words will only confiuc Ibc case; and let it bo 
 rcmeiubcicd, that nothing can Lo a greater abomination than 
 a tailing puliccnnm. All his duties should bo quietly and 
 promptly executed, and this one also — by no means the least 
 important of them — should be performed in the same way. 
 It seems scarccl]' necessary to say that the constable, particu- 
 larly in giving his evidence, should most scrupulously and 
 strictly tell the truth. His word is usually more relied upon 
 than that of any other person, for lie is officially called upon 
 to detail the narrative, and it is presumed ho will do so fairly 
 and c irrcctly. lie is also very frequently the only witness of 
 the acts to which he testifies, and he should reflect how serious 
 a position he then occupies, when the liberty and even the life 
 of another may bo said to be in his hands. 
 
 There are some valuable comments in the following passages 
 with respect to the giving of evidence, and the other general 
 duties of the London police, which may be introduced with 
 advantage here. In the London Quarterly Revieio for July 
 185G, it is said : 
 
 " The policemen, perfect in their material drill, next undergo 
 a mental one. Drawn up in line, a sergeant or inspector ques- 
 tions them as to their duties : ' Supposing you saw two men 
 fighting, what would you do?' 'If you were to discover a 
 house on fire, how would you act?' Sometimes the constable 
 addressed answers the question, but more generally his inter- 
 rogator does it for him. 
 
 " When drilled and catechised to the full pitch, he doffs his 
 plain clothes for a uniform, and comes out in the full bloom of 
 a policeman. But he is still a neophyte, and before he is 
 entrusted with a beat, he attends at a police court in order to 
 watch the manner in which trained constables comport them- 
 selves in the witness box. 
 
 " Having learned to give evidence clearly and briefly, to 
 listen to ludicrous scenes without smiling, and to bear bad 
 language with imperturbable patience, he is marched off to 
 the division in which he has elected to serve (the policeman is 
 always, if possible, allowed this privilege), and with his armlet 
 on his wrist and his staff in his pocket, he patrols his beat. 
 
 "I 
 
 Ml »! 
 
82 
 
 constables' guide. 
 
 f '. 
 
 f- 
 
 " Two especial injunctions are given to bim — never to show 
 his staff except to protect himself, and never to spring his 
 rattle [or sound his whistle] at night, except in a case of great 
 urgency. The care taken to hide this offensive weapon is 
 one of the best points of our police arrangements. 
 
 " In six months' time it is expected that the young hand 
 will prove a steady officer. * * * -^Ye all know him, for 
 we see him day by day as we promenade the streets. Stiff, 
 calm and inexorable, he seems to take no interest in any 
 mortal thing — to have neither hopes nor fears, amid the bustle 
 of Piccadilly or the roar of Oxford-street. ' P. C. X. 59 ' 
 stalks along, an institution rather than a man. We seem to 
 have no more hold of his personality, than we could possibly 
 get c^ his coat, buttoned up to the throttling point. 
 
 '■' Go, however, to the section-house, an establishment 
 generally attached to the chief station of each division, in 
 which the unmarried policemen are lodged, and enter the 
 common hall or reading-room, and you no longer see police- 
 men, but men. They cast off their tight coats, as certain 
 other unboiled lobsters at fixed intervals cast off their shells — 
 they are absolutely laughing with each other ! Some are 
 writing — some are reading the morning papers — a group is 
 grinning at the caricature of P. C. X. 202, in Punch; some 
 are deep in the horrors of a romance, extended at full length 
 along a bench, with their trowsers tucked up — nil are at their 
 ease, taking rational amusement. 
 
 " In the common room of every section-house there is a 
 library; that in King-street, Westminster, contaiuc! twelve 
 hundred volumes ; we give a few of their titles : Taylor's 
 Holy Living, Macaulay's Essays, Piley's Works, the Waverlcy 
 Novels, Lane's Modern Egyptians, Annals of the English 
 Bible, i^Mson's Europe, Byron's Works, James's Naval His- 
 tory, Tom Cringle's Log, Life of IMahommcd by IMohun Loil, 
 Bishop Hebev's Journal, Washington Irving's Works, Colo- 
 nial and flome Library." 
 
 The article contains many other important facts, but it 
 would extend this treatise to too great a length if it were to be 
 copied entire. I shall have occasion, however, again to refer 
 to it before I finish this subject. 
 
 !(" 
 
8T 
 
 -iw 
 
 XYIII. — Modern Improvements in the Police System. 
 
 The great improvements in the police in modern times com- 
 menced in the reorganization of the force in London and in 
 Ireland, An act of Parliament was passed for Ireland in 183G j 
 and in order to inspire confidence in the peop.e in the new 
 body, and to correct an evil which had grown to an alarming 
 extent, it was provided, and with the entire approval of 
 the nation, by act of ^^nrliament, that each man, upon 
 his appointment, should uoclare upon oath, that, Avith the 
 exception of the order of Freemasonry, he was not connected 
 with any secret society. The effect of this was to prevent the 
 commission of those party oiFenccs which had been before so 
 freely and fearlessly perpetrated, under the expectation of 
 almost certain impunity. The exclusion of all secret society 
 men is found to prevail in every part of the old country, in 
 the United States, and in Australia; and from the repeated 
 complaints against the partizan character of the force in this 
 city, it had become necessary, even in justice to the force 
 itself, to introduce the rule here which had been found to be 
 so necessary and beneficial elsewhere. But this, like every 
 other salutary improvement, has been greatly condemned, and 
 as greatly misunderstood. It is believed, and the rumour is 
 repeated and strengthened by those who know well how untrue 
 these rumours are — by tl.ose who regret to see the old party 
 system abolished, and a real'y sound improvement introduced — 
 that the Police Commissioners of this city have laid down a 
 rule, that no one who is or ever has been an Orangeman shall 
 be admitted into the force. Now, although it is not worth 
 while to take much trouble in refuting so preposterous a story^ 
 it may nevertheless be well enough to say, that such is not 
 the rule, and, it is hoped, never will be, because it would be 
 quite indefensible to carry it to such an extent. Every one 
 knows there are now many Orangemen in the force — men 
 whom it would be hard to spare, and whose places it would be 
 difficult to supply. But this practical refutation of the many 
 foolish reports referred to, although it ought to satisfy any 
 reasonable man of the groundlessness of the outcry, will be of 
 
 V 
 
 JONSTABLES' GUIDE. 
 
 83 
 
i 
 
 i¥ 
 
 84 constables' guide. 
 
 no elTcct witli such men as have an object to serve in main- 
 taining the cahimny ; — they cannot afFord to part with their 
 grievance ; for if they hiid down this onO; how could they so 
 readily find another in its stead ? 
 
 This is the rule, and the extent of it : " That no person 
 shall connect himself with or attend the meetings of any secret 
 society, while he is a member of the force." And let it be 
 remembered, this is not a new law, introduced by the Com- 
 missioners, but is copied from a British act of Parliament, 
 and is the rule which prevails, as before stated, in almost 
 every other country where it is really wished to make the 
 police an efficient and serviceable body of men. This rule 
 does not exclude the secret society man ; lie may be and is in 
 fact yet taken as readily as any one else ; all he is asked to do 
 is not to connect himself with the society or to attend its 
 meetings while he is a policeman ; and if this be a grievance, 
 it is probably one in which the grievance-monger will obtain 
 but little sympathy from the reflecting public. 
 
 The police is not established for the purpose of representing 
 any particular party, sect or country. It is created and main- 
 tained for purely social objects; it is a strictly defensive body; 
 it is to act when called upon against felons and disturbers of 
 the public peace. What has such a body, then, to do with 
 partizan ties or propensities; and what has the Orange society 
 to do with the characters which the force has to suppress ? 
 The Commissioners were acting only for the public good when 
 they introduced the rule here, and they believe they have 
 advanced it. They believe also they have accomplished their 
 purpose without doing injury to any of their fellow-citizens, 
 and they arc confident they have very greatly improved the 
 character of the force itself. The newly organized body lias 
 now the perfect confidence of the public, and for that, among 
 many other reasons, they are, if not so useful as partizans, at 
 any rale a far more valuable body of peace officers. 
 
 Before entirely leaving this subject, although it is referred 
 to with much reluctance, it may nevertheless be of some use, 
 to show the paramount necessity of this rule, that the condition 
 
 I 
 
Si 
 
 C 
 
 constables' guide. 
 
 8;> 
 
 of the polloo, before it was remoclclled, should be given. It 
 coDsisted, then, of 
 
 1 Chief of Polico, 
 1 Deputy Chief and 
 5 Serjeants (that is, 7 officers), and 
 53 men j making a total of GO. 
 And out of this number, 
 
 G of the officers, and 
 "More than one half of the men, 
 were members of the Orange society. 
 
 This seems to have been cairyi;ig matters too far the 
 other w:/)-, up I to have justified, with much apparent reason, 
 the maiiv lO'aplaints which were made against the partizan 
 character of the force — and to have given colour, not merely 
 to tiio belief that none but an Orangeman could bo admitted 
 into the force, but to the belief that some of the unfjrtunatc 
 affrays which disgraced oxxr city for the last few years, and 
 which ended without the arrest or detection of any of the 
 olTenders, could not have happened, or could not so have 
 ended, if the force had been differently constituted. 
 
 XIX. — The Arrangement of titi: Brats. 
 
 It is a pleasure to leave the controversial subject just 
 treated of, and to resume the strict and more agrcea])le course 
 of the narrative. It is now intended to answer the many 
 complaints which are made, that every house and street aio 
 not watched by a policeman. 
 
 It is clear that a little reflection will show that it would be 
 impossible to do this. There arc one hundred miles of streets, 
 and at the least eight thousand houses in the city, and only 
 about thirty men on duty at the one time. More, therefore, 
 cannot be done, for the men arc already almost overtasked. 
 If, however, the_city must be more perfectly watched, the 
 polico force must be more liberally increased; but the expense 
 of this is a very serious consideration. A little further con- 
 sideration may probably also show that it may not be necessary 
 cvcu to place a man in every part of the city; for it is not by 
 
I 
 
 
 yOy 
 
 86 constables' guide. 
 
 guarding every place, but by guarding the right places, that 
 the police force is advantageously applied. A great deal more 
 good is done by keeping a sharp eye upon the bad haunts and 
 low places in the city, than by observing too curiously a wider 
 area ; and therefore it is a well established axiom in police, 
 " that you guard St. James's by watching St. Giles's." 
 
 XX. 
 
 I will now give two very full extracts from the British 
 periodicals, on the office and services of Detectives, which will 
 be found to bo instructive, and almost refreshing, after the 
 long dry ground we have been obliged to traverse. The first 
 is from the London Quarterly Review for July 185G : 
 
 "Man is eminently a hunting animal ; but there is no prey which 
 he follows with so much zest and perseverance as his fellow-man. 
 Some policemen, directly they enter the force, show the taste so 
 strongly, that they are at once marched off for this special service ; 
 others, on :Ue contrary, will remain years without detecting a single 
 crime. From among the six thousand persons composing the force, 
 a splendid field is afforded for selecting good men ; and Bow-street, 
 great as was its fame, did not turn out more intelligent detectives than 
 we now possess. The officers, although they are not hail-fellow-well- 
 met with every thief, as in the last century, still find it necessary to 
 keep up a personal knowlec'ge of the criminal population, especially 
 that portion of it whose members they may at one time or other be 
 likely to 'want.' The detectives, as well as thieves, are generally 
 famous for some particular line of business. One is good at house- 
 breakers, another knows how to follow up the swell-mob, and a third 
 is a crack hand at forgers. By confin ng themselves to distinct 
 branches of the art, they acquire a sp';cial sense, as it were, for the 
 work ; and It is remarkable how much ,heir trouble is lightened by 
 the division of labour. 
 
 " The detective stands in a very different position from the ordinary 
 policeman. His work, long and laborious though it may be, must, to 
 succeed, never sec the light. Although he may have followed a case 
 for years, all the public knows of it is summed up in the four words 
 used by the constable who states the charge at the police court — * from 
 information I received,' &o. The detective lays the foundation, which, 
 from the shifting soil he has to deal with, is frequently far more exten- 
 sive than the superstructure. His duty is to pursue the criminal 
 through all his shiftings and turnings, until the case is clear against 
 him, and then fearlessly draw him forth from his hiding-place, as a 
 
iS^ 
 
 
 (! 
 
 constables' guide 
 
 87 
 
 ferret would a rabbit, and hand him over to an ordinary constable to 
 bring him to the judgment seat. 
 
 " Much of the information by which the perpetrators of crime are 
 discovered, comes from their own body. Thus : two thieves fall out, 
 and one, prompted by revenge, and stimulated by the hope of reward, 
 'splits' upon his confederates; or some abandoned female, jealous of 
 another, gives information which leads to her paramour's apprehen- 
 sion. The revenge taken by members of this fraternity upon a 'pal,' 
 whoso treachery is discovered, is often so signal, that the utmost 
 caution is exercised in communicating with the police, lest suspicion 
 should be excited. The constable, whose aim is to encourage these 
 revelations, must never, by his want of address, give any hint of the 
 source from which he receives his information; nay, he finds it 
 necessary sometimes to pursue keenly a false scent, in order to divert 
 attention from the betrayer. Between the detective and the thief 
 there is no ill blood. When they meet, they give an odd wink of 
 recognition to each ocher, — the thief smiling, as much as to say, 'I 
 am quite safe, you know;' and the detective replying with a look, of 
 which the interpretation is, ' We shall be better acquainted by and by.' 
 They both feel, in short, that they are using their wits to get a living, 
 and there is a sort of tacit understanding between them that each is 
 entitled to play his game as well as he can. 
 
 " In pursuing the track of an oflfendei', the officers often come across 
 other crimes, of which they were not aware, and are for a time thrown 
 oflF the scent, just as a pack of fox-hounds by a hare which crosses 
 their path. In such cases the only way is to try back until the origi- 
 nal trail is found. It is not uncommon in this manner to stumble 
 upon a regular net-work of roguery, and to discover the whereabouts 
 of parties who have long been 'wanting.' The most trivial hint will 
 suffice to put the detective on fhe right track : for, like men accus- 
 tomed to work in the dark, things which to others are invisible, to 
 them appear clear as noon-day. The gossiping tendency of neigh- 
 bours is especially useful to them in worming out secrets. To obtain 
 a single link in a chain of facts, they will often hang about a house 
 for months, interrogating the newspaper lad, waylaying the servant- 
 girl as she is going for her supper beer, and picking all he wants to 
 know out of her, as easily as a locksmith picks a lock, and with quite 
 as little consciousness on the pai t of the person operated upon. 
 
 "Mr. Dickens publishes some excellent papers in the numbers of 
 Household Words, which illustrate admirably the habits of these offi- 
 cers. From these we select the following story, not that it is the most 
 dramatic, but that it shows the vast number of dodges by which the 
 detectives ace omplish their ends : 
 
 " 'Tally-ho Thompson,' says sergeant Witchem, after merely wet- 
 
 ' r 
 
 u 
 
88 
 
 constables' guide. 
 
 ting Ids lips with his brancly-and-'watcv ; * Tallj'-ho Thompson -p'Sis a 
 famous horse-siealer, coiiper and magman. Thompson, in conjunction 
 with a pal that occasionally ■worked with him, gammoned a country- 
 man out of a good round sum of money, under pretence of getting him 
 a situation — the regular old dodge — and was afterwards in tlio lluc- 
 and-Cnj for a ''lorse, a horse that he stole down in Ilerefordsliire. I 
 had to look after Thompson, and I applied myself of course ia the first 
 instance to discovering where he was. Now, Thompson's v/ife lived 
 along with a little daughter at Chelsea. Knowing that Tl.o:; p'^o" was 
 somewhere in the country, I watched the house, especially at post 
 time in the morning, thinking that Thompson was likely to write to 
 her. True enough, one morning the postman comes up and delivers a 
 letter at Mrs. Thompson's door ; — little girl opens the door, and takes 
 it in. AVe are not always sure of postmen, though the people at the 
 post offices are always very obliging. A postman may help us or not, 
 just as it happens. However, I go across the road, ami I say to the 
 postman, after he has left the letter, 'Good morning; how arc you?' 
 *How are you?' says he. 'You've just delivered a letter for Mrs. 
 Thompson?' 'Yes, 1 have.' 'You did not happen to remark what 
 the post mark was, perhaps ?' ' No,' says ho, ' I did not.' ' Come ! ' 
 says I, 'I'll be plain with you! I am in a small way of bu.<iness, 
 and I have given Thompson credit, and I cannot afford to lose what he 
 owes me. I know he's got money, and I know he's in the country ; 
 and if you could tell me what the post mark was, I should bo very 
 raucu ooiiged to you, and you 'd do a service to a tradesman in a small 
 way of business, that can't afford a loss.' 'Well,' he said, 'I do 
 assure you that I did not observe what the post mark was ; all I know 
 is that there was money in the letter — I should say a sovereign.' 
 This was enough for me ; because of course I knew that Tlionipnon 
 having sent his wife money, it was probable she 'd write to Thompson 
 ' V return of post, to acknowledge the receipt. So I said ' Tliankee' 
 to the postman, and kept on the watch. In the afternoon I saw the 
 little girl come out. Of course I followed her. She went into a 
 stationer's shop, and I need not say to you tiiat T looked in at the 
 window. She bought some writing prpcr and envelopes, and a pen. 
 I think to myself, that'll do I — watch her home again, and don't go 
 away, you may be sure, knowing that Mrs. Thompson was writing her 
 letter to Tally-ho, and that the letter would bo posted presently. In 
 about an hour or so, out came the little girl again, with the letter in 
 her hand. I went up and said something to the child, wliatevcr it 
 might have been, but I could not see the direction of the letter, 
 because she held it with the seal upwards. However, I observed tliat 
 on the back of the letter there was what we call a kiss — a drop of wax 
 by the side of the seal — and again, you understand, that was enough 
 for me. I saw her post the letter, waited till she was gone, then went 
 
 I ^ 
 
• s 
 
 S b 
 
 CONSTABLES* GUIDE. 
 
 into the shop, and asked to see the master. When he came oat, I told 
 him : " Now, I'm an officer in the Detective Police ; there's a letter 
 with a kiss been posted here just n r, for a man that I 'm in search 
 of ; and what I have to ask of you is^ that you will let me look at the 
 direction of that letter.' He was very civil ; took a lot of letters from 
 a box in the window; shook 'cm out on the co.mter with their faces 
 downwards, and there was the identical letter with a kiss. It was 
 
 directed ♦ Mr. Thomas Pigeon, post office, B ; to be left till called 
 
 for.' Down I went to B (a hundred and twenty miles or so) that 
 
 night. Early next morning I went to the post office ; told him who I 
 was, and that my object was to see and touch the party that should 
 come for the letter for Mr. Thomas Pigeon. lie was very polite, and 
 said, ' You shall have every assistance we can give you ; you can 
 wait inside the office, and we '11 take care to let you know when any- 
 body comes for the letter.' Well, I waited there three days, and began 
 to think nobody ever would come. At last the clerk whispered to me, 
 'Here, detective; somebody's come for the letter.' 'Keep him a 
 minute,' said I, and I ran round to the outside of the office. There I 
 saw a young chap with the appearance of an ostler, holding a horse 
 by the bridle, stretching the bridle across the pavement while he 
 waited at the post-office window for the letter. I began to pat the 
 horse, and that ; and I said to the boy, ' Why, this is Mr. Jones's 
 mare.' ' No, it a'nt.' ' No ?' said I, •' She's very like Mr. Jones's 
 mare.' ' She a'nt Mr. Jones's mare, any how,' says he, ' it's Mr. 
 So-and-so's, of the Warwick Arms,'— and up he jumped, and on he 
 went, letter and all. I got a cab, followed on the box, and was so 
 quick after him that I came into the stable yard of the Warwick Arms 
 by one gate just as he came in by the other. I went into the bar, 
 where there was a young woman serving, and called for a glass of 
 brandy-and-water. He came in directly, and handed her the letter. 
 She casually looked at it, without saying anything, and stuck it up 
 behind the glass, over the chimney-piece. What was to be done next. 
 I turned it over in my mind while I drank my brandy-and-water 
 (looking pretty sharp at the letter the wLile), but I could not see my 
 way out of it at all. I tried to get lodgings in the house, but there had 
 been a horse fair or something of that f ort, and it was full. I was 
 obliged to put up somewhere else, but I came backwards and forwards 
 to the bar for a couple of days, and there was the letter, always behind 
 the glass. At last I thought I 'd write a letter myself, and see vrhat 
 that would do. So I wrote one, and posted it, but I purposely 
 addressed it Mr. John Pigeon, instead of Mr Thomas Pigeon, to geo 
 what that would do. In the morning (a very wet morning it was) I 
 watched the postman down the street, and cut into the bar just before 
 he reached the Warwick Arms. In he came presently, with my letter, 
 
 G 
 
 89 
 
 >[ 
 
90 
 
 constables' guide. 
 
 
 'Is there a Mr. John Tigeoa staying here?' 'No!— stop a bit, 
 though,' says the bar-maid, and she tools down the letter behind the 
 glass — «No,' said she 'it's Thomas, and he is not staying here. 
 Would you do mo a favour, and post this for me, as it is so wet ?' 
 The postman said ' Yes.' She folded it in another envelope, directed 
 it, and gave it him. He put it in his hat, and away he went. I had 
 no difficulty in finding out the direction of that letter ; it was addressed 
 
 *Mr. Thomas Pigeon, post office, R , Northamptonshire — to bo 
 
 left till called for.' Off I started directly for R . I said the same 
 
 at the post office there as I had said at B , and again waited three 
 
 days before anybody came. At last another chap on horseback came. 
 * Any letters for Mr. Thomas Pigeon ? ' ' Where do you come from V 
 
 ' New Inn, near R .' He got the letter, and away he went at a 
 
 canter. I made my enquiries about the New Inn, near R ; and 
 
 hearing it was a solitary sort of bouse, a little in the horse line, about 
 a couple of miles from the station, I thought I 'd go and have a look 
 at it. I found it what it bad been described, and sauntered in to look 
 about me. The landlady was in the bar, and I was trying to get into 
 conversation with her — asked her how business was, and spoke of the 
 wet weather, and so on — when I saw through an open door three men 
 sitting by the fire in a sort of parlour-kitchen, and one of these men, 
 according to the description I had of him, was Tally-ho Thompson ! I 
 went and sat down amongst them, and tried to make things agreeable, 
 but they were very shy — would not talk at all — looked at mo and at 
 one another in a way quite the reverse of sociable. I reckoned 'em 
 up ; and, finding that they were all three bigger men than me, and 
 considering that their looks were ugly, that it was a lonely place, 
 railroad station two miles off, and night coming on, thought I could 
 not do better than have a drop of brandy-and-water, to keep my cou- 
 rage up. So I called for my brandy-and-water, and as I was drinking 
 it by the fire Thompson got up and went out. Now, the difficulty of 
 it was, that I was not sure it was Thompson, because I had never set 
 eyes on him before, and-what I wanted was to be quite certain of him. 
 However, there was nothing for it now but to follow, and put a bold 
 face upon it. I found him talking outside in the yard with the land- 
 lady. It turned out afterwards that he was wanted by a Northampton 
 oficer for something else, and that, knowing that officer to be pock- 
 marked (as I am), he mistook me for him. As I have observed, I 
 found him talking with the landlady outside. I put my band upon his 
 shoulder, this way, and said, * Tally-ho Thompson, it's no use; I 
 know you. I am an officer from Lund3n, and I take you into custody 
 
 for felony.' ' That be d d ! ' says Tally-ho Thompson. Wo went 
 
 back into the house, and the two friends began to cut up rough, and 
 their looks didn't please me at all, I assure you. < Let the man go ; 
 
sJ 
 
 ^r 
 
 ■ii 
 
 CONSTABLES* GUIDE. 
 
 91 
 
 wliat arc you going to do iivith him ? ' ' I '11 tell you what I am going 
 to do with him ; I 'm going to take him to London to-night, as sure as 
 I am alive. You mind your own business, and keep yourselves to 
 yourselves; it'll be better for you, for I know you both very well.' 
 I 'd never seen or heard of them in all my life, "but my bounsing cowed 
 them a bit, and they kept off, while Thompson was making ready to 
 go. I thought to myself, however, that they might be coming after 
 me on the dark road, to rescue Thompson ; so I said to the landlady, 
 ' What men have you got in the house, Missis ? ' 'We have not got no 
 men here,' she says, sulkily. * You have got an ostler, I suppose ? ' 
 ' Yes, we have got an ostler.' ' Let me see him.' Presently he came ; 
 a shaggy-headed young fellow he was. ' Now attend to me, young 
 man,' says I. * I 'm a detective officer from London. This man's 
 name is Thompson. I have taken him into custody for felony. I am 
 going to take him to the railroad station. I call upon you, in the 
 Queen's name, to assist me ; — and mind you, my friend, you '11 get 
 yourself into more trouble than you know of if you don't.' You never 
 saw a person open his eyes so wide. 'Now, Thompson, come along,' 
 says I. But'when I took out the handcuffs, Thompson cries, 'No! 
 none of that ! — I won't stand them ! — I '11 go along with you quiet, but 
 I won't bear none of that.' ' Tally-ho Thompson,' I said, ' I 'm willing 
 to behave as a man to you, if you are willing to behave as a man to 
 mc. Give me your word that you will come peaceably along, and I 
 don't want to handcuff you.' ' I will,' says Thompson, * but I '11 havo 
 a glass of brandy first.* ' I don't care if I 've unother,' said I. ' We '11 
 have two more, Misses,' said the friends, 'and confound you, consta- 
 ble, you '11 give your man a drop, won't you ? ' I was agreeable in 
 that, so we had it all round, and then my man and I took Tally-ho 
 Thompson safe to the railroad, and I carried him to London that night, 
 lie was afterwards acquitted, on account of a defect in the evidence, 
 and I understand he always praises me up to the skies, and says I'm 
 one of the best of men.' 
 
 " The principal sign by which a thief may be distinguished in any assem- 
 bly, is the wandering of his eye. Whilst those about him are either 
 listening to a speaker or witnessing a spectacle, his orbits are peeving 
 restlessly not to say anxiously around. When the thief-taker sees this, 
 ho knows his man. One of the detective police, who attended at the 
 laying of the foundation-stone of the Duke of Wellington's College, 
 thus explained to us the capture of a gentlemanly-looking person 
 who was present on that occasion: 
 
 " 'If you afk me to give my reason why I thought this person a 
 thief the moment I saw him, I coald not tell you. There was some- 
 thing about him, as about a!l swell-mobsmen, that immediately 
 attracted my attention, and led me to bend my eye upon him. He did 
 
 \ \ 
 
 'i! 
 
 li 
 
92 constables' quide. 
 
 not appear to notice my watching him, but passed on into the thick 
 of the crowd, but then be turned and loolied towards the spot in which 
 I was. This was enough for me, although I had never seen him 
 before, and he had not to my knowledge attempted any pocket. I 
 immediately made my way towards him, and, tapping him on the 
 shoulder, asked him abruptly, ' What do you do here ? ' Without any 
 hesitation he said, in an under tone, ' I should not have come if I had 
 known I should have seen any of you.' I then asked him if he was 
 working with any companions, and he said » No ; upon my word I am 
 alone.' Upon this I took him oif to the room which we had provided 
 for the safe-keeping of the swell-mobsmen.' 
 
 " This was a daring stroke, but it succeeded as it deserved. If the 
 man bad been really honest, he would have turned indignantly upon 
 the person who questioned him ; but pickpockets are essentially cow- 
 ards, both morally and physically, and they generally ' come down at 
 once,' to save trouble, when the officer has his eye upon them, as the 
 opossums were wont to do when they espied that dead shot. Colonel 
 Crockett." 
 
 The second is from the Edinhurgh Review, for July 1852 : 
 
 '•A policeman's evidence generally begins thus, *frora information 
 I received,' and the very essence of the system lies hid under these 
 words ; the mode by which this information was procured being kept 
 secret with much care. Almost all such information is obtained 
 from the criminal population, and we must explain how it happens 
 that criminals are willing to assist their natural foes, in accomplishing 
 the destruction of their own colleagues. That ' there is honor among 
 thieves ' is one of the falsest of all false proverbs. Thieves living 
 in habitual violation of the rights of others are necessarily of all per- 
 sons least swayed by consideration of what is due to their neighbours, 
 and of all classes of men, they form the single exception of having no 
 community of interest among themselves, indeed they are quite as 
 ready to snatch plunder from thieves as from honest men. They live 
 therefore in a state of constant hatred, jealousy and fear of each 
 other. In general also they lead a life of excitement, gambling, 
 drinking and vicious indulgence, their daily life is that of a gambler 
 staking his liberty in every successive act : they are almost invariably 
 living with female associates, the partners of their profligacy, gener- 
 ally their accomplices in crimes, almost always the victims of their 
 brutality ; for from the habitual indulgence of their evil passions they 
 have no idea of self-control and are capricious, irritable, quarrelsome 
 and revengeful. Hence from jealousy or anger these women are per- 
 petually tempted to turn upon their tyrants, and by a bint to a police- 
 man, secure a certain, secret, and sweet revenge. But this course is 
 
8? 
 
 
 CONSTABLES' GUIDE. 
 
 98 
 
 full of clanger, for the vengeance wreaked against an informer is oc- 
 casionally of a character truly awful. However desirous she may bo 
 to give information she dare not do it indiscriminately. She must 
 have sufficient knowledge of the police officer to satisfy her that he 
 will not betray her, or even by a clumsy mode of proceeding throw 
 suspicion upon her ; if a reward is stipulated she must feel confidence 
 that she will not be cheated of it — in short if there is no honor among 
 thieves, there must be among policemen, or the sources of their infor- 
 mation would be dried up. 
 
 " Another motive which weighs strongly with criminals is the hope 
 of propitiating the police officer. The habitual state of mind towards 
 the police of those who live by crime is not so much disliked as un- 
 mitigated slavish terror. From childhood the thief has felt that the 
 policemen is his foe, against whom he cannot contend, from whom he 
 cannot escape but by flight, and by whom ho must ultimately be over- 
 come. This feeling being constautly excited grows stronger and 
 stronger being shared by all his associates, it reacts on his mind 
 through their's, until it becomes an instinct which he cannot controul. 
 Conscious of a thousand offences he feels safe only so long as he is un- 
 known. When this defence is gone a ruffian will drop his usual tone 
 of bullying audacity and follow every look of the police officer like a 
 beaten hound creeping to lick his master's feet. We see in higher 
 grades of life the servile running after the powerful and doing dirty 
 work, not for any definite reward but from a vague hope of favour, and 
 we cannot wonder if thieves imitate their betters though they get as 
 little by it. 
 
 "They also take a professional view of the policeman's duty — 
 knowing that in pursuing them he is only acting in his vocation. The 
 relation between a policeman and « regular London thief who follows 
 his business as a profession is very like those between the soldiers of 
 regular armies, there is no personal animosity, the thief expects that he 
 is not to be worried for nothing, that the policeman for instance is not 
 to step out of his way to get him imprisoned for a month instead of 
 fourteen days — as one sentinel does not expect to be shot by another, 
 an event which however disagreeable to him cannot influence the result 
 of the campaign. Bui when anything serious has occurred and the 
 chief has been fairly hunted down, he bears no malice, the battle has 
 been fought and lost, he yields to his fate and his anger is not directed 
 against the policeman, but towards some accomplice whose treachery 
 he suppects. 
 
 •' A skilful police officer therefore regulates his conduct according 
 to the feelings of Ihe class with whom he has to deal. His first object 
 is to know them by sight, their names, haunts, connexions and asso- 
 ciates ; he is inviolably secret as to any information given him and 
 
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 constables' auiDE. 
 
 will take as much trouble to shelter an informer as to lay hold of a 
 delinquent ; persons have even been arrested and apparently pursued 
 with determined perseverance merely to blind their associates. He 
 presumes to an incredible extent upon the known cowardice of the 
 thieves, he will not associate with them, for that would lower his as- 
 cendency over them besides exposing him to the risk of losing his 
 own situation, but, he never permits himself to treat them with con- 
 tempt or incivility; for their irritable and uncontrollable tempers 
 would resent thlr and lead them in retaliation to conceal onythi&g he 
 might wish to '-?a;n. From one or other of these motives— jealousy, 
 revenge, the desire to propitiate the policeman, and more than al^ 
 the hope of rew&cd, — almost any amount of information may be ob- 
 tained, provided or*y that the right man applies in the right quarter. 
 " It might be i.ijf'P'^^cd ^^^^ ^ thief knowing that any one of his com- 
 panions would betray him for ten pounds would endeavor to conceal 
 his movements even from them. But again the necessary conditions 
 of a criminal life make this impossible. A thief has no home — soli- 
 tude is unendurable ; he cannot if h3 would associate with honest 
 people ; so that it is a necessity with him to frequent those places 
 where sucl^ as himself are permitted to assemble. He knows that in 
 those houses the policeman expects to find him, but even that risk 
 will not keep him away. The public bouse is his place of amusement^ 
 and also his place of business, for here he meets his associates, gains 
 information and arranges schemes of plunder. Living thus as it were 
 in public and amidst persons whose whole conversation is on their 
 daily business, every thing connected with him is perfectly well known 
 to the peculiar circle in which he moves. 
 
 '* There is another curious characteristic of this community. They 
 divide themselves into classes according to the particular branch of 
 crime which they practice. The burglar never picks pockets nor as- 
 sociates with pickpockets ; the thimble-rigger is equally separate 
 from the bludgeon man and in a great degree they frequent difPerent 
 houses. This system is of infinite advantage to the police ; for when 
 a crime has been committed the detectives of each division instead Of 
 making their enquiries at random and in all directions know precisely 
 in what class and sometimes in what hou3e to look for the offenders. 
 
 "We would further remark that frequently when a crime has been 
 committed it is found impossible to identify the parties ; in these cases 
 the exertions of the police however successful in detecting and appre- 
 hending the criminals come to nothing in the (*nd because no convic. 
 tion can take place; there is a failure in justice though none in the 
 police system. The case of Mr. Cureton, which occurred the year 
 before last, is an example of this as well as of the real danger which 
 actually exists and which nothing but the constant guard of an etfeo- 
 
 I 
 
constables' guide. 
 
 95 
 
 live police system prevents from breaking out in frightful magnitude. 
 
 <' Three men in broad daylight knocked at the door of his lodgings 
 in Aldcrsgate street in London : it was opened by the landlady and 
 they went up stairs to his room. One of them asked him for a par- 
 ticular coin, and on his turning round to look for it in his cabinet he 
 was stunned by a Wow on the head with a life preserver, and to prevent 
 an alarm being given the flexible handle of the murderous instrument 
 was twisted round his neck, the robbers then ransacked the drawers 
 and in a few minutes after left the house. It is probable that in less 
 than half an hour the coins were passed to a receiver of stolen goods, 
 and melted down in a crucible. 
 
 <' When Mr Cureton was restored to his senses all remembrance of 
 the appearance of the men had passed from his mind, and the land- 
 lady's memory was equally treacherous. In these circumstances a 
 conviction was impossible, because the stolen property had assumed a 
 different form, and there was no one able to recognise the offenders. 
 In fact, if the police had brought the three men into court with the mel- 
 ted gold in their hands, they must necessarily have been discharged. 
 Something of this sort did indeed occur, for one of the real offenders 
 (at least the police, who followed up the slight clui* with extraordinary 
 care, had little doubt that he was one of them,) was arrtsteU, but the 
 case did not admit of proof, and he was set at liberty by the magistrate. 
 
 «* We now come to the Holford House burglary. Mr. Holford having 
 gone to America, left his house in the Regent's Park under the care of 
 servants. About two o'clock of the morning of the fourteenth of Oc- 
 tober, 1850, the butler heard some persons effecting an entrance into 
 the dining.room. He awakened the other servants, and having armed 
 themselves, they went out at opposite sides of the house, and suddenly 
 attacked the four robbers, one of whom was knocked down and secu- 
 red, the other three escaped. Several shots had been fired ; one ser- 
 vant, armed with a pistol with a spring bayonet, had discharged it 
 across a small bush at one of the robbers, and at so short a distance, 
 that the bayonet actually touched him. Traces of blood were found, 
 and it. was supposed that the man had been mortally wounded, and 
 having run some way, had been unable to go further, and had, prob- 
 ably, been thrown by his companions into the Regent's canal. 
 
 "The fact, hor/ever, was, that in the darkness and confusion the 
 burglar had tripped and fallen, just as the trigger was pulled, and 
 had received no injury, except that his hand, striking the end of the 
 bayonet, had been slightly cut, as well as grazed by a couple of shot, 
 and blackened by the powder; and the bbod came from another 
 of the robbers, who had been severely wounded in the head and neck 
 by a random discharge of small shot: the third man was unhurt, and 
 nothing was found on the premises but a hat with some very small 
 
 1 ] 
 
 >■) 
 
1 1 
 
 96 CONSTABLES* GUIDE. 
 
 holes in it. The mode in which the police detected and arrested these 
 three men will illustrate our previous remarks, and show the working 
 of a system which gleans information over a wide area, and combines 
 it for practical application. 
 
 "Next morning the prisoner was brought up for examination . he 
 gave his name as William Dyson, but among the criminal population, 
 names are assumed one day to be discarded the next, and afford no 
 clue to the identity of the individual. The first step taken, was to 
 place among the crowd some keen observers, to watch, not the case, 
 but the spectators. As the examination proceeded, and tho feelings 
 of the listeners became excited by the dramatic way in which the story 
 unfolded itself, and their varying emotions were more openly mani- 
 fested, u :.aa noticeu by the police, that two women were watching 
 the proceedings with an intensity of anxiety which betrayed a perso- 
 nal interest in the issue. Slight as the chance was, it was not neg- 
 lected, and they were immediately marked for observation. After the 
 examination one of these women went to a beer-shop, the other, to 
 see Dyson in the House of Detention where he had been remanded. 
 She soon rejoined her companion, and both were tracked across the 
 river into Southwark, there they separated ; but from house to 
 house the persevering detectives followed the trail of each, until 
 they reached their respective homes. Local knowledge being now 
 wanted the Southwark or M was called into action. The woman vrho 
 had gone to the prison, was recognised by them as the mistres!: of a 
 house-breaker, commonly known by the soubriquet of • the doctor ;' 
 the other was soon after ascertained to be living with, and the active 
 assistant of a notorious ruffian of the name of James Mahon. This 
 of course directed suspicion towards Mahon, and now was felt the 
 power gained by a systematic watch over the criminal population. 
 All the prisons within the Metropolitan Police District are visited 
 each week by an intelligent constable from every division : besides 
 which it is the custom whenever an offender is arrested and taken to 
 the police station that he should be brought out of his cell and placed 
 in such a position that every man of the division as he went upon 
 duty had a good view of him so that in time their faces become per- 
 fectly well known. Moreover a patrol visits the thieves houses of 
 resort every night, and records in detail all those whom they find 
 there. When it was circulated through the division that one of the 
 Holford house gang probably ' the doctor' had been avrested and that 
 Mahon was suspected, one of the patrol recollected that at ten on the 
 night of the burglary they had found in a public house ' the doctor, 
 Mahon, two other men Mitchell and Robinson, and a woman, all ap. 
 parently in earnest consultation. The sergeant of the pntrol went at 
 once to the house of detention and there in the prisoner Dyson recog- 
 
V 
 
 constables' guide. 
 
 97 
 
 so 
 
 'g 
 
 to 
 
 nized * the doctor.' During the following night it was also ascertained 
 that none of the three suspected persons appeared at their usual 
 haunts. It was clear therefore that the first point was gained, the 
 gang was known, the range of enquiry was at once limited to three 
 known individuals, and the police now turned their undivided atten- 
 tion to the discovery of their places of concealment. Our readers will 
 recollect our explanation of the abundant sources of information that 
 may be opened up by judicious management ; money being wanted it 
 was under the advice of the Magistrate supplied by a friend of Mr. 
 Holford, and the whole of the Southwark Division being on the alert, 
 feelers were put forth in every direction. One man was successful. 
 He was acquainted with a woman who had formerly lived with Mahon, 
 but had been deserted by him and he sounded her. Whether there 
 had been a quarrel or whether the "woman's jealousy at being sup- 
 planted was stirring within her or whether the reward alone was 
 motive enough, she consented to give her assistance and a bargain was 
 struck. She could not however, learn where Mahon was concealed, 
 for bis present companion was faithful to him. But it is the curse of 
 a criminal that friends and foes are alike dangerous, and she managed 
 to find out that the other woman washed his clothes, and on the next 
 Saturday evening would take some to him, and a plan was laid accord- 
 ingly. When the Saturday night came the fal ^e friend followed at a 
 safe distance by a ' detective' found some pretext for joining the other 
 and the two women set out together, one carrying the little bundle of 
 clean clothes. They crossed the river and proceeded rapidly by 
 narrow courts and unfrequented dimly lighted streets in the direction 
 of Shoreditch. So thick and dark was the night that the detective 
 sergeant would have been thrown out had not this contingency been 
 foreseen and guarded against, under her dingy dirty dress the confi- 
 dante had put on a clean white petticoat and at the sharp turns or 
 crossings the dark dress was raised and the white signal was shown 
 to her followers. In this way the whole of London was traversed and 
 at length they reached a public house at the Kingsl&ndroad, here they 
 stopped, the woman with the bundle went in, the other disappeared- 
 The sergeant soon found a policeman on his beat and making himself 
 known securred his services, and directed him to fetch two more. He 
 then entered the house and there in a large room where a number of 
 thieves were smoking and drinking, he saw the object of his pursuit, 
 Mahon, sitting beside the woman whose faithful services had so un- 
 wittingly betrayed him. Fortune seemed disposed to shower her 
 favours on the ''police officer, for a little farther off he espied 
 Robinson. Confident in his ascendancy over any number of criminals, 
 he allowed one police-man to show himself at the door, and with the 
 quiet business-like manner which characterises the detective, ho 
 
 '1i 
 
 ' 
 
 .1 
 
 . 5 
 
 ' ■ 'J. 
 
08 
 
 CONSTABLES GUIDE. 
 
 walked up to Mahon and told him ho was wanted. The robber feU 
 that his hour was come ; as to resistance, notwithstanding the numbers 
 present, no one so much as thought of it ; each in his secret soul was 
 relieved to find that he was not the person wanted, and was quite 
 willing to sacrifice Mahon for the benefit of the community present : 
 besides, for anything he knew the whole division might be behind the 
 policeman at the door, at a signal from the sergeant this man now 
 came in, his place, however, for the sake of appearances being im- 
 mediately taken by another. Mahon with perfect submission went to 
 the bar where he was searched and handcuffed; Robinson was also 
 arrested and both prisoners were removed to the station-house. 
 
 " Some important evidence was supplied by a cabman, who had 
 read in the newspapers the account of the robbery. He had been on 
 his stand not far from Uolford house, when about two o'clock in the 
 morning of the fourteenth of October, (the hour at which the attempt 
 bad been made) a man ran up to him and saying that his hand had 
 been bitten by a dog, asked him to pump some water upon it, that he 
 might wash away the blood, immediately afterwards, another man 
 without a hat and with blood pouring from his face and neck, ran up 
 to the stand called the cabman and jumping hastily into the cab was 
 driven off towards the strand. When the cabman was brought to the 
 police office he was confronted with Mahon, and recognized him as the 
 man who had washed bis hand at the pump. On the hand being ex- 
 amined, it was evident not only that the wounds had not been oc- 
 casioned by the bite of a dog, and therefore his story to the cabman 
 was false, but they corresponded to the cut of the bayonet and graze 
 of the shot, and the dark blue stain of the gunpowder was still there. 
 The wounds however, were healing, and the hand returning to its natu- 
 ral state, so that those curious pieces of circumstantial evidence would 
 have been lost had there been much delay in Mahon's apprehension. 
 It was of course surmised that the wounded man who called the cab 
 was the remaining one of the gang, Mitchell, and his conduct rendered 
 this highly probable. While proceeding on his way he heard a chaise 
 coming after him at a gallop ; he instantly called to the cabman to 
 gtop, jumped out and though almost fainting from loss of blood, at- 
 tempted to run away. The chaise however, passed on and he returned, 
 but in the extremity of his terror all considerations of prudence gave 
 way before the one thought of, watchfulness against pursuit, and he 
 would not enter the cab again but got upon the box. In the strand 
 be was put down — the cabman getting another fare, drove off and all 
 further trace was lost. 
 
 " The police, however, thought that in these circumstances a crimi- 
 nal trying to escape and finding his strength failing, would most pro- 
 y desire to be driven towards his place of concealment, but would 
 
1 
 
 CONSTABLES* GTJIBE. 
 
 iM> 
 
 stop short of it in order to baffle pursuit, and were satisfied that 
 South wark was the cover to be gained : this coincided also with the 
 belief that Mitchell was the man, and the M division were agnin set 
 in motion. This time recourse was had to one of those women who 
 living by the vices of others are perhaps the most degraded and in- 
 famous of the human race. For a stipulated reward she engaged to 
 endci vour to ascertain Mitchel's hiding place. Her information was 
 however necessarily at second hand, and therefore imperfect besides 
 being tardy. Three times did the officers search houses which were 
 indicated to them without success, Mitchell having gone away before 
 their arrival, and it seemed doubtful whether there was not some 
 double treachery going on. The next place named was a house in 
 Little Surrey street, Blackfriars road ; but as it was a private house 
 kept by persons apparently supporting themselves by honest labour, 
 it was necessary to proceed with much caution. A policeman was 
 found who was a friend of the nearest baker, and who learnt from 
 him that an unusual quantity of bread had of late been supplied to 
 the house ; another policeman was acquainted with the owner of the 
 house and contrived en some p; ctext to get the door opened. 
 
 « The sergeant then went in und asked who the lodger was. While 
 the parley was going on, the face of a woman, listening anxiously, 
 appeared over the banisters, and she was recognised as having been 
 with the gang in the public house on the night of the burglary. All 
 hesitation was now over, and on going into the bed-room, they found 
 Mitchell (who had been wounded by a discharge of small shot) with 
 his head and neck enveloped in bandages and bread poultices ; he was 
 in a miserable state, for hitherto he had been afraid to get medical 
 assistance. 
 
 "The officers now» having fairly run their game down, treated 
 him with great kindness; he was carefully removed to the station 
 house, every comfort provided for him and a surgeon procured to dress 
 his wounds. When taken to the Police Office, the hat with the shot 
 holes was found to fit him, and he confessed his guilt, 
 
 << There still remained one man undiscovered, for Robinson was set 
 at liberty, the police having learned that though be had remained with 
 the gang to a late hour, he had quitted them before they went to Ilolford 
 House. The real offender, who had been the contriver of the whole, 
 was afterwards arrested on information they had received ; but as ho 
 had taken no booty, was not marked, and could not be identified, 
 he was necessarily discharged far want of proof : the other three were 
 transported for life. The complete success cf the police, however, 
 shows the complete efficiency of the pretsent system : no single officers 
 could have traced out all the actors in the business ; it required a 
 systematio supervision of the criminal population, and a special ia- 
 
 ■ * 
 
 ^15 
 
 1:1 
 
ICO 
 
 constables' guide. 
 
 ii 
 
 ' t 
 
 strument for each special purpose, as well as combined action over a 
 tride area. 
 
 •< The Great Exhibition afforded a rare opportunity of putting to a 
 severe test the capacity of our police establishment to meet any unu- 
 sual demand. 
 
 " Undoubtedly, the apprehension which at first was generally felt was 
 unreasonable, but, in circumstances so novel, it was prudent to take 
 great precaution. An addition was made to the force of one thousand 
 and ninety-five men : thirty-three police officers were brought over 
 from foreign countries, and twenty-four came up from the Provinces. 
 By day, three hundred and eighty-six of the metropolitan, seven of 
 the foreign, and six of the provincial police kept watch inside of the 
 building — and two hundred and thirty-seven of the Metropolitan, seven 
 of the foreign and six of the Provincial police guarded the outside and 
 the entrances. At night, fifty-four were on duty inside, and thirty- 
 three outside of the building. Besides this, the arrivals of foreigners 
 by steamboat and railway were carefully watched. It is almost su- 
 perfluous to add, that London was never less disturbed than during 
 last summer, and that the good order which prevailed at the Exhibition, 
 and the civility and attention of the police were remarked by every 
 one, and deserve unqualified approbation. 
 
 " The thieves seem to have been fairly A-ightened away, there hav- 
 ing been only eight cases of picking pockets, and ten of pilfering ; 
 most of the latter were of a trivial description, and were sufficiently 
 punished by fines ; in every instance the whole of the stolen property 
 was recovered. 
 
 XXI. — The Benefit op PnoToaRAPnY. 
 
 Before concluding, I find there is something further, to 
 ^hich the attention of the police should he constantlj^ given ; 
 it is, not merely to discover and know the haunts of offenders, 
 and to he ahle to detect the <' swell mob" under whatever 
 ^uise they may appear, but it is to keep in memory the faces of 
 those who may have passed through their hands professionally, 
 by procuring if possible likenesses of all notorious offenders, 
 to enable the officer more easily to identify them. For this 
 purpose some of the men should be instructed in the art of 
 photography, as a necessary part of police education in the 
 present day; and it would only be proper of the Government 
 to be at the expense of the necessary apparatus and instruction 
 for so beneficial and national an object. Photography has 
 been applied to this object, and with much success, for many 
 
!! 
 
 CONSTABLES GUIDE. 
 
 years, and it should be more encouraged than it is, on account 
 of the gveat service it is as a " criminal detector" to the police 
 officer, who may, and who frequently must, be a perfect 
 stranger to the party who is " wanted." 
 
 In the London Jurist (part 2, vol. 1, N. S., fols. 6 & IG), 
 are two very good letters on the subject. In one of them the 
 governor of Bristol gaol says : 
 
 "J. H. came into the Bristol gaol upon commitment for trial, a 
 perfect stranger to me and my oflicers. He v.as w6ll attired, but 
 very illiterate. The state of his hands convinced me he had not done 
 any hard woik, while the superiority of his apparel over his attain- 
 ments led me to suspect that he was a practical thief. I forwarded 
 his likeness to several places, and soon received information that he 
 had been convicted in London and Dublin. The London officer who 
 recognised him by his portrait, was subpoenaed as a witness, picked 
 him out from among thirty or forty other prisoners, and gave evidence 
 on his trial which led the Recorder to sentence him to six years' penal 
 servitude. 
 
 " J. D. came to the gaol wholly unknown. His person and manners 
 induced me to suspect that it was not his first appearance in a place 
 of confinement, and having made several copies of his portrait, I sent 
 them round to the governors of different prisons. He was recognised 
 as having been convicted at Wells ; the necessary witness was subpoe- 
 naed, his former conviction proved, and he was sentenced to four 
 years' penal servitude. 
 
 " I could mention several instances, in which some most notorious 
 thieves, strangers to this part, have been brought to proper punish- 
 ment." 
 
 The other writer says : 
 
 " A young man and woman were convicted before one of the Scotch 
 police courts, of shop-lifting, and sent fbr sixty days' to prison. The 
 offence was a grave one, and the award was the extreme limit the 
 magistrate could give. The prisoners were total strangers to the 
 police. One gentleman, however, connected with the detective forcei 
 perhaps from motives of curiosity, communicated a minute description 
 of them to the Dublin police, suspecting from the accent of the pri- 
 soners that they came from that city. The result proved that the 
 man had been no less than eighteen times in prison in Dublin — twelve 
 of these for thefts — and the woman six times in prison for the same 
 offence ; in short, that they were professionul thieves, who had just 
 changed the scene of their depredations from Dublin to Glasgow. 
 
 «Had ibis been known before tbieir case was disposed of, they 
 
 101 
 
 ^■■>'X 
 
102 
 
 CONSTABLES* GUIDE. 
 
 I if 
 
 I 
 
 i 
 
 could haTO been dealt mth as habit-and-repute thieves ; but under tho 
 present system, they may pass from one locality to another, running 
 the course of the petty courts, and being treated as persons brought 
 up for the first time, instcad-of being transferred to the highest crimi- 
 nal <:ourt, and disposed of according to their deserts. Now, the aid 
 photography would give in discovering the real character of such 
 offenders, will be at once apparent. A common interchange of por- 
 traits of noted thieves [and offenders], would form a most valuable 
 and interesting pertinent of the police establishment of a great city." 
 
 XXII. — Providing Pensions for the Men. 
 
 The following reflections on what ITiave written, irresistibly 
 present themselves to my mind. 
 
 As it is essential to have peace officers, is it not advisable to 
 make them as efficient and as serviceable as possible, not 
 merely in their physical but in their mental training, for their 
 peculiar profession ? And can this be done, unless the men, 
 who have been trained and educated for this purpose, are 
 retained by every proper inducement in the service into which 
 they have entered ? 
 
 If the men be underpaid, or be insufficiently cared for and 
 protected, and, more particularly, if they see that long and 
 faithful service brings with it no improvement in their condi- 
 tion, and no relaxation in their duties ; that while they had 
 no time in their youth, by any degree of exertion or ingenuity, 
 to add to their salary by extending their sphere of labour, as 
 the mechanic, or farmer, or even the labouring man could, and 
 by pursuing those means which are open to almost every other 
 man in the community ; and that they are, so soon as age has 
 crept upon them, to be turned adrift as no longer fit for duty, 
 simply because^they are too old, and are not further wanted, it 
 will be impossible to have, and in vain to expect, a proper police 
 force. If it be remembered that the life of a policeman is one 
 of constant danger; that he does not know what hour he may 
 be called upon to perform the most perilous duty, or at what 
 moment he may be injured, maimed or killed; and that his 
 whole life may be said to be spent in warfare ; and that, unlike 
 the soldier, he is engaged chiefly at night, in obscure haunts, 
 with the most desperate and unscrupulous vagabonds, and 
 
i 
 
 CONSTABLES* GUIDE. 
 
 against enormous odds — it would seem but reasonable that 
 those who have been precluded ^rom enriching themselves as 
 others have, should, when they have given their youth and 
 strength to the public, be cared for by the public in turn, 
 when, from age or other infirmity, they are unable to care for 
 themselves. 
 
 The best way to provide for an old and deserving servant is by 
 pension or annuity ; and the advantage of this method is, that 
 it secures a higher and better class of men for the service. It 
 induces them to be more diligent and courageous in the per- 
 formance of their duty, and it retains the good and experienced 
 oflScer in the service. 
 
 These pensions are granted in England, and no doubt in 
 most countries, but in the United States, where the most 
 miserable political blindness prevails on this subject. 
 
 The details of such a scheme, it would be needless now to 
 advert to : they are embodied in a Bill, which was prepared 
 for the Legislature last session, and which will be submitted, 
 and may become the law of the land. At present it is merely 
 the scheme itself which it is intended to notice ; and it is to 
 be hoped that some such method as this may yet be adopted, 
 for rewarding faithful and honorable service. 
 
 The following are the provisions made by act of Parliament 
 in the old country on this subject : 
 
 The 3 & 4 Vic. cap. 88, sec. 10, provides that there shall 
 be deducted from the pay of every constable not more than 2} 
 per cent., and that such sum, and also the money accruing 
 from stoppages from any other constables during sickness, and 
 the fines imposed on them for misconduct, and on drunken 
 persons, or on any persons for assaults on constables, and also 
 the share of fines and penalties on summary convictions 
 awarded to informers (when the police are the informers), and 
 all monies arising from the sale of worn or cast-off clothing 
 supplied for the use of the constables, shall be invested at 
 interest, and the interest accruing thereon shall, if not 
 required, be also added to the above sums; and such respec- 
 tive amounts shall together form a Superannuation Fund, for 
 the payment of such superannuation or retiring allowance or 
 
 103 
 
 hi 
 
 t* 
 
 '^i^i^ 
 
104 
 
 constables' guide. 
 
 I 
 
 m ■ 
 
 { 1, 
 
 n; 
 
 gratuity as the justices in sessions may order, on recommen- 
 dation of the chief constable. 
 
 s«e Hobtm By sec. 11, the justices may, on such recommendation, order 
 dc.of King- any of the constables to be superannuated, and to receive out 
 4Ei.4Bi.986.'of tho fuud a yearly allowance, subject to the following con- 
 ditions, and not exceeding the following proportions — that is 
 to say : If the constable have served with diligence and 
 fidelity for fifteen and for less than twenty years, an annual 
 sum of not more than half his pay ; and if for twenty years or 
 upwards, an annual sum of not more than two-thirds his pay; 
 but if the constable be under sixty years of age, he shall not 
 receive any allowance unless on the certificate of the chief 
 constable it appears he is incapable, from infirmity of body or 
 mind, to discharge the duties of his office. It is also provided 
 that if any constable be disabled, from any wound or injury 
 received in the actual execution of his office, he may have an 
 allowance granted to him of not more than the whole amount 
 of his pay. And it is declared that notwithstanding these 
 provisions, they shall not be construed as giving an absolute 
 right to the constables, without the consent of the justices, to 
 claim the superannuation allowance, nor to prevent the justices 
 from dismissing them without it. 
 
 By the 11 & 12 Vic. cap. 14, further provision with respect 
 to the superannuation allowance is made. This act authorizes 
 not more than one thirty-sixth of the men's pay and emolu- 
 ments (exclusively of their clothing) to be deducted as the 
 contribution to the fund, which is very nearly the same as the 
 2} per cent, of the previous act; and it allows also to be 
 added to the fund all monies paid for the service of summonses 
 or orders, and for the execution of warrants by the police. It 
 also provides that if the constable be over fifty years of age, 
 he shall be entitled either to the retiring allowance of half pay 
 after a service of fifteen and less than twenty years, or to con- 
 tinue in the service upon an increase to his pay of one-third of 
 it<3 amount. And so also when above the age of fifty, and 
 after a service of twenty years, that he shall be entitled to 
 retire on two-thirds of his pay, or to continue in the service at 
 an increase to his pay of one-half of its amount. . ,^ , . ;>. 
 
 W 
 
!! 
 
 CONSTABLES GUIDE. 
 
 106 
 
 XXIII. — Providing BAunACKS for the Men. 
 
 It would also bo very proper that the men, both married 
 and sin<;lc, should be provided with accommodation at the 
 respective stations to which they belong. Karracks should be 
 constructed, affording a small house to every married man TT»d 
 his family; and a separate bed-room, but a common met>a- 
 room, for the unmarried men. IIow much better this would 
 be than having the men scattered throughout the city They 
 would then bo ;i1ways on hand, and always to themselves. 
 Nor need the supposed expense of such a scheme prevent it 
 from btiug carried into effect; for it will be found that by 
 deducting the rent which the men now pay from their salary, 
 there will bo a sun" very nearly if not quite sufficient to pay 
 the interest upon the capital of the sum which would be 
 required for the purpose of erecting the barracks, and of pro- 
 curing the necessary quantity of ground; and it is therefore 
 very much to be wished that barracks were furnished for tbe 
 lodgment of the men. 
 
 XXIV. — Providing Libraries for the Stations. 
 
 It is also very desirable that, after the example of the 
 London constabulary, there should be a Police Library for the 
 «se of the men. The original purchase of some interesting, 
 'instructive and improving works could not be much, and they 
 might be divided amongst the different stations, and changed 
 from one to the other when necessary: additions when 
 required could also be made to it from time to time. How 
 ■very different this would make the station-room and even the 
 houses of the men ! At present, what can the men on station 
 duty do, but lie about, or trifle their time away? — and this 
 ■not because they wish to do so, but because they have nothing 
 ■else to do, and no encouragement is given to them to do any- 
 thing else. The men would be delighted to have the chance of 
 improving themselves, and it is the duty of those in authority 
 over them to place every reasonable facility in their way for so 
 good a purpose. The selection might be ^ ade of such books 
 as ia some way related to their own particular service, so that 
 7 
 
106 
 
 constables' guide. 
 
 while gaining amusement and instruction, they w iild at the 
 same time be rendering themselves better peace oflScers for the 
 protection of the city. 
 
 By adopting these and such like means, the best men could 
 always be obtained, and the character of the force would be 
 raised, till it would be felt to be a credit not only to belong 
 but to have belonged at any time to such a body ; but unless 
 some reasonable measures be taken *•) provide for and encou- 
 rage the men, and to mitigate as far as possible a very labori- 
 ous life, the fear is that the best men, whom it is the most 
 desirable to retain, will be the likeliest to leave, and the great 
 object of the public will be defeated, which is to induce the 
 men who have enrolled themselves as policemen to make that 
 service their only business and professiun. 
 
 XXV. — List op Felonies. 
 
 As the men cannot in general arrest without warrant for 
 offences less than felonies, the following list of felonies has 
 been added for their guidance : 
 
 Abduction of Heiress against her will 4 & 5 Vic. c. 27, s. 19. 
 
 Abortion, administering poison wiib inteiit to 
 
 procure 4 & 6 Vic. c. 27, s. 33. 
 
 Accusing, or threatening to accuwe, any one 
 of beastiality, or of any assault with intent 
 to commit it; or of making or offering any 
 promise or threat to any one to commit or 
 permit such crime, with intent to extort, 
 and shall extort, from such person any pro- 
 perty 4 & 5 Vic. c. 25, 8. 8, and 6 Vic. c. 8, s. 2. 
 
 Accusing, or threatening to accuse ; sending 
 or delivering any letter or writing, accusing 
 or threatening to accuse any person of any 
 crime punishable with death or transporta- 
 tion, or of any assault with intent to com- 
 mit rape, or of any attempt to commit it, 
 with the view of exporting any money, chat- 
 tel or valuable security 4 & 5 Vic. o. 
 
 Assault with intent to rob 4 & 6 Vic. c. 
 
 Assiiult on any one aiding in the preservation 
 
 of any vessel or goods shipwrecked. 6 Vic. c.5, and 4&6Vio. 0.27, 8.4 
 
 25, 8. 12. 
 25, 8. 10. 
 
constables' guide. 
 
 lot 
 
 1 
 
 IH 
 
 Bailed, fraudulently taking or converting 
 
 property 22 "Vic. c. 
 
 Beastiality 4 & 5 Vic. 
 
 Bigamy, and aiding and abetting fame 4 & 5 Vic. 
 
 Burglary See 5 & 6 Vic. c. 6, 8. 2, and 4 & 5 Vic. 
 
 Burg'ary shall also consist in entering into 
 a house to commit a felony, or being in 
 the house and committing a felony there- 
 in, and in either of these cases breakirg 
 outof the house at night 4 & 5 Vic. 
 
 (The 7iif/fit i? between 9 at night and 6 next 
 morning) 4 & 5 Vic. 
 
 Burglariously entering a house and assaulting 
 any one therein with intent to murder, or 
 stabbing, cutting, wounding, beating or 
 striking any one therein 4 & 5 Vic. 
 
 Breaking and entering the curtilage of a dwell- 
 ing house and occupied therewith but not a 
 part of it, and stealing therein any chattel, 
 money or valuable security, to the value of 
 £o 4&5 Vic. 
 
 Breaking and entering any shop, warehouse, 
 or counting-house, and stealing therein any 
 chattel, money or valuable security 4 & 5 Vic. 
 
 Breaking and entering any church or chapel, 
 and stealing any chattel therein, or, having 
 stolen any chattel in a church or chapel, 
 breaking out of the same... 6 Vic. c. 5, and 4 & 5 Vic. 
 
 Breaking down the banks of canals, rivers or 
 marsh, or looks, sluices, flood-gates or other 
 Avorks on navigable rivers and canals 4 & 5 Vic. 
 
 Bridges, maliciously destroying public 4 & 5 Vic. 
 
 Cattle, &c., maiming 4 & 5 Vic. 
 
 Child-stealing, under the age of ten years 4 & 5 Vic. 
 
 Child. — Receiving or harboring any child, 
 under the age of ten years, knowing it to 
 have been stolen, or aiding or abetting same, 4 & 5 Vie. 
 
 Coin. — The second offence, of falsely making 
 or counterfeiting any coin resenjbling or 
 apparently intended to resemble or pass for 
 any of the Queen's current gold or silver 
 
 U 
 
 9 
 
 s. 4. 
 
 
 
 c. 
 
 27, 
 
 8. 
 
 15. 
 
 . C. 
 
 27, 
 
 S. 
 
 22. 
 
 . C. 
 
 25, 
 
 s. 
 
 15 
 
 c. 25, 8. 
 c. 25, 8. 
 
 c. 25, a. 
 
 16 
 IG. 
 
 14 
 
 c. 25, 3. 19 
 
 c. 25, 8. 
 
 20. 
 
 c. 25, 8. 13. 
 
 c. 
 
 26, 8. 12. 
 
 c. 
 
 20, 8. 13. 
 
 c. 
 
 26, 8. 16. 
 
 c. 
 
 27, 8. 21. 
 
 c. 27, s. 21- 
 
 
 !.;:■ 
 
 4i 
 
 ,•■ li 
 
 t) 
 
 ■if ■■'-. 
 
108 
 
 CONSTABLES GUIDE. 
 
 coin, or any of the gold or silver coin made 
 
 or declared to be lawfully current in the 
 
 Province 12 Vic. c. 20, s. 1. 
 
 Coin. — The second offence, of colouring, gild- 
 ing or covering with wash any base coin 
 
 resembling the current coin, or of making, 
 
 buying and importing into this Province any 
 
 forged, false or counterfeit coin of the coin 
 
 current in the Province, or of uttering or 
 
 attempting to utter the same as payment, 
 
 knowing the same to be false or counterfeit. 16 Vic. c. 158, s. 13. 
 Coin, Foreign. — The second offence, of coun- 
 terfeiting or uttering, although not current 
 
 here by law. 20 Vic. c. 30, s. 1. 
 
 The second offence, of making or repairing 
 any tools, moulds, &c., for counterfeiting 
 foreign coins 20 Vic. c. 30, s. 2. 
 
 The second offence, of knowingly possessing 
 such tools, &c., except for some lawful 
 purpose , 20 Vic. c. 30, s. 3. 
 
 Demolishing, or bej_inning to demolish, any 
 church, chapel or meeting-house for religi- 
 ous worship, or any house, stable, coach- 
 house, out-house, warehouse, office, shop, 
 mill, malt-house, hop-oast, barn or granary, 
 or any erection used in carrying on any 
 trade or manufacture, or any machinery 
 prepared for or employnd in any manufac- 
 ture See 11 Vic. c. 4, and 4 & 5 Vic. c. 20, s. 6. 
 
 Destroying silk, woollen, &c., in the loom 4 & 5 Vic. c. 26, s. 4. 
 
 Destroying threshing and other machines 4 & 5 Vic. c. 26, s. 5. 
 
 Destroying hop-binds 4 &•§ Vic. c. 26, s. 18, 
 
 Drug. — Administering or attempting to ad- 
 minister to any person any suffocating or 
 
 overpowering drug, mntter or thing, with 
 
 intent to enable the offender to commit 
 
 felony 18 Vic. c. 92, 8. 29. 
 
 Drown. — Attempting to drown, with intent to 
 
 murder 4 & 5 Vic. c. 27, s. 10. 
 
 Embezzlement by a clerk or servant 4 & 6 Vic. c. 27, s. 39. 
 
 :Exp1osive substance. — Sealing or throwing 
 
 destructive matter, with intent to do some 
 
 grievous bodily harm. 4 & 5 Vic. o. 27, s. 12, and 22 Vio. c. 4, s. 10. 
 
n 
 
 constables' guide. 
 
 Explosive substance, bodily injury maliciously 
 done or attempted to be done by any 10 & 11 Vic. c. 4, s. 34. 
 
 Forging.— Counterfeiting o:- uttering, linow- 
 ing tbe same : 
 
 1. The Great Seal of the Trovince, or of the 
 
 late Provinces of Upper or Lower 
 
 Canada 10 & H Vic. c. 9, b. 1. 
 
 2, The Seal at Arms of the Governor to any 
 
 commission, grant, appointment, li- 
 cense, warrant, order, or other instru- 
 ment of a public nature, relating to 
 the aifairs of the Province, or to any 
 instrument purporting to be such 
 commission, &c 10 & H Vic. c. 9, s. 2. 
 
 Forging any public register or book appointed 
 by law to be made or kept, or wilfully cer- 
 tifying or uttering any writing as used for 
 a true copy thereof, or of any entry therein, 
 knowing the same to be counterfeit or false.. 10 & 11 Vic. c 9, s. 2. 
 
 Forging, altering, offering, disposing of, or 
 putting off, knowing the same to be forged or 
 altered, with intent to defraud any person : 
 
 1 . Any debenture issued under the authority 
 
 of any statute of this Province, or of 
 either Upper or Lower Canada. 
 
 2. Any stamp, endorsement on. or assign- 
 
 ment of any such debenture. 
 
 3. Any scrip issued by the Commissioner 
 
 of Crown Lauds in lieu of a grant ot 
 land. 
 
 4. Any will, testament, codicil or testa- 
 
 mentary writing. 
 
 5. Any license of marriage. 
 
 6. Any bank note, bill of exchange, or 
 
 promissory note for the payment of 
 money. 
 
 7. Any indorsement on, or any assignment 
 
 of, any bill or note for the payment of 
 
 money. 
 
 8. Any acceptance of any bill of exchange,or 
 
 9. Any undertaking, warrant or order for 
 
 the payment of money 10 & 11 Vic. o. 9, s. 8. 
 
 101> 
 
110 
 
 constables' guide. 
 
 Forging, altering, putting off, or uttering ns 
 true, knowing the same to be forged or 
 altered : 
 
 1. Any copy of letters patent, or of the en- 
 
 rolment or registration thereof, and, 
 
 2. Any certificate thereof made by virtue 
 
 of statute 10 & 11 Vic. c. 9, s. 5. 
 
 Forging, altering, or uttering, knowing the 
 same, with intent to defraud any person : 
 
 1. Any transfer of any share or interest of 
 
 or in the capital stock of any body 
 corporate, company or society, estab- 
 lished by charter or by statute. 
 
 2. Any power-of-attorney or othtr authority 
 
 to transfer any share or interest in 
 Euch stock. 
 
 3. Receiving or demanding, or endeavoring 
 
 to receive, any dividend or profit in 
 respect of such share or interest, or 
 demanding or endeavoring to have 
 such share or interest transferred, by 
 virtue of any forged or altered power- 
 of-attorney or otlier authority, know- 
 ing the same to be forged or altered.. 10 & 11 Vic. c. 9, s. 6. 
 
 Falsely and deceitfully personating : 
 
 1. Any owner of any share, interest, divi- 
 
 dend or profit, of or in the capital 
 stock of any body corporate, company 
 or society, established by chnrter 
 or by statute, and thereby transfer- 
 ring or endeavoring to transfer any 
 share or interest of such owner ; or 
 thereby receiving or endeavoring to 
 receive any money due to the owner, 
 ns if such person were the true 
 owner 10 ^ 1 1 Vic. o. 9, ss. 6, 7, and 14 & 15 Vic. c. 2, 8. 2. 
 
 2. Any person having a claim for a grant 
 
 of land from the Crown, or for any 
 scrip or other payment or allowance 
 in lieu thereof, and tiiereby endeavor- 
 ing to obtain any such grant of land, 
 scrip, or other payment or a'lowance, 
 as if such person were entitled there- 
 to... 10 & 11 Vic. c. 9, B. 7, and 14 & 16 Vic. c. 2, p. 2. 
 
ra 
 
 CONSTABLES* GUIDE. 
 
 Ill 
 
 Forging the name or handwriting of any wit- 
 ness to the execution of any power-of- 
 attorney or otlier authority to transfer any 
 share or interest of or in the cnpital stock 
 of nny body corporate, company or society, 
 established by charter or by stntute 10 & 11 Vic. c. 9, s. 8. 
 
 Receiving, under any power-of-attorncy or 
 other authority with the name or hand- 
 writing of any person forged thereon as an 
 attesting witness, knowing the same to be 
 forced, any dividend or profit in respect of 
 any share or interest of or in the cnpital 
 stock of any body corporate, company or 
 society, established by charter or by stntute; 
 or assigning any right to a grant from th« 
 Crown of lands in this Province, or to scrip, 
 or other payment or allowance in lieu 
 thereof; or uttering any such power or 
 other authority H & 11 Vic. c. 9, s. 8. 
 
 Forging, altering, offering, uttering, dispos- 
 ing of, or putting off, knowing tlie same, 
 and with intent to defraud any person : 
 
 1. Any notarial act or instrument or authen- 
 
 ticated copy. 
 
 2. Any poces verbal of any surveyor, or 
 
 authenticated copy. 
 
 3. Any judicial record, writ, order, return, 
 
 exhibit, report, certificnte, or other 
 document or entry made or filed in 
 any suit or proceeding, civil or crimi- 
 nal, in any court of justice, or with 
 any officer of the court. 
 
 4. Any copy or paper, purporting to be an 
 
 exemjilification or authenticateil or 
 certified copy of any buch judicial 
 record, &o. &c. 
 
 5. Any deed, bond, writing obligatory, 
 
 assignment of a right of land, certifi- 
 cate of registration, affidavit of execu- 
 tion, or nny memorial of any deed, 
 will or other instrument which may 
 be registered, or any part thereof. 
 
 I! 
 
 I.!- I: 
 
 !! 
 
 i- 
 
 5 'if J 
 
wm 
 
 112 
 
 constables' guide. 
 
 6. Any acquittance or receipt for money or 
 
 gouds. 
 
 7. Any accountaWe receipt for money or 
 
 goods, as for a note, bill, or other 
 security for payment of money, or any 
 ■warrant, order or request for the 
 delivery or transfer of goods, or for 
 the delivery of any note, bill or other 
 security for the payment of money, or 
 
 contract, promise or agreement 10 & 11 Vic. c. 9, s. 9. 
 
 Knowingly and wilfully acknowledging, before 
 any court or person authorized to take it : 
 
 1. Any recogniziince or bail in the name of 
 
 another, who is not privy or consent- 
 ing to it ; or, 
 
 2. Any cognovit actionem, or judgment, or 
 
 any deed to be registered or enrolled. 10 & 11 Vic. c. 9, s. 10. 
 Purchasing or receiving, or having in posses- 
 sion without lawful excuse, and knowing 
 to be forged, any forged bank note, or blank 
 bank note 10 & 11 Vic. c. 9, s. 11, and 14 & 15 Vic, c. 2, s. 2: 
 
 Engraving or making, without authority: 
 
 1. Any bank note, bill of exchange, or pro- 
 
 missory note for the payment of 
 money, purporting to be that of any 
 bankers in this Province ; or, 
 
 2. Any word or words resembling or intend- 
 
 ed to resemble any subscription sub- 
 j;bined to any bank note, bill or note 
 
 issued by such bankers lO&ll Vic. c. 9, s. 12*. 
 
 Having possession of, or using without au- 
 thority or lawful excuse, any plate, wood, 
 
 stone, or other material, on which any such 
 
 bank note, bill or note, or any part thereof, 
 
 or any word or words resembling or intended 
 
 to resemble any subscription subjoined 
 
 thereto, has been engraved or made lO&ll Vic. c. 9, s. 12. 
 
 Offering, uttering, disposing of, or putting off, 
 
 knowingly, or having in possession without 
 
 lawful excuse, any paper, on which any 
 
 part of such bank note, bill or note, or any 
 
 words resembling or intended to resemble 
 
 any such subscription has been mude or 
 
 printed 10 & 11 Vic. c.9, e. 12. 
 
1^ 
 
 CONSTABLES' GUIDE. 
 
 Its 
 
 , 9, s. IS. 
 
 The sfirae law also applies to the bills of 
 
 exchiin/e, promissory notes, utidertukiiigs, 
 
 or orders for payment of mcnev, whetlier 
 
 under seal or not, and in whatever language 
 
 the same may be, of any country not under 
 
 her Majesty's dominion, and to having or 
 
 engraving plates, &c., of the same 10 & H Vic. c. 
 
 Forging or uttering, knowingly, and ticket or 
 
 order for a free or paid passage ou any 
 
 railwdv. or steanier or other vessel, with 
 
 intent to defraud • 18 Vic. c. 92. s. 37. 
 
 Forging, counterfeiting or imitating : 
 
 1.° Any postage stamp, Britii=h, Provincial, 
 or Foreign. 
 
 2. Or knowingly using them. 
 
 3. Or engraving, cutting, sinking or making 
 
 any plate, die or other thing, to forge, 
 counterfeit or imitate the same or any 
 p.art thereof, without permission ia 
 writing of the Provincinl Postmaster- 
 General, or of some officer who may 
 lawfully grant it. 
 
 4. Or h iving possession of any such plate, 
 
 die or other thing, without such per- 
 mission. 
 
 5. Or forging, counterfeiting or imitating, 
 
 using or affixing to or upon any letter 
 or packet any stamp, signature, ini- 
 tials, or other mark or sign, purport- 
 ing that such letter or packet ought 
 to p *ss free of postage, or at a lower 
 rate, or that the postage or any part 
 the-eof has been pre-paid, or ought 
 to be paid by or charged to any per- 
 son or department 13 & 14 Vic. c. 17, s. 16. 
 
 Forging, altering, offering, uttering, disposing 
 
 of, or putting off, in this Province, any 
 
 writing or matter, knowing the same to be 
 
 forge I or altered, in whatever phice beyond 
 
 this Province the same may be mude, and 
 
 whether under the dominion of her Majesty 
 
 or not, and in whatever bmgujige the same 
 
 miiy be expressed, shall be an offence in like 
 
 manner aj if made in this Province ^10 & 11 Tic. c. 9, b. 15. 
 
 s'k 
 
 ■ 
 
 'I 
 
 , n 
 
 ' i 
 
 i 
 
3114 constables' guide. 
 
 T'lincipalf in flio second degree nnl nocesso- 
 ries before the fact, to be pun'sliel ns prin- 
 cipals in the first degree 10 & 11 Vic. c. 9, s. 18. 
 
 Gunpowder. — Unhiwfully nnd nnalic iou«lr, by 
 explo.sion of same, or of other explosive 
 substfince destroying or dnmnping any build- 
 ing, with intent to murder any | ernon, or 
 whereby life of person is endangered 10 & 11 Vic. c. 4, s. 2. 
 
 Gunpowder. — UnViwfully and maliciously, 
 by explos'on of same or other explosive 
 substance, destroying, tlirowing down or 
 damaging the whole or any part of a dwell- 
 ing house, any person being therein 10 & 11 Vic. c. 4, s. 1. 
 
 Infants, abusing, under the age often years.. 4 & 5 Vic. c. 27, s. 17. 
 Killing any horse or other cattle, with intent 
 to steal 4 & 6 Vic. c. 25, s. 29. 
 
 Larceny. — Whatever the value of the property 
 stolen, the offence shall be deemed of the 
 same nature 4 & 6 Vic. c. 25, s. 2. 
 
 Lights, hanging out false 4 & 5 Vic. c. 2G, s. 8. 
 
 Manslaughter 4 & 5 Vic. c. 2G, s. 7. 
 
 Menaces. — Demanding with menaces or by 
 force any chattel, money or security, with 
 intent to steal the same 4 & 5 Vic. c. 25, s. 11. 
 
 ( 6 Vic. c, 5, 8. 2. 
 
 Murder \ 14 & 16 Vic. c 2,8.2. 
 
 ( 4 & 5 Vic. c. 27, s. 3. 
 
 Piles, or other material used in securing banks 
 of canals, rivers, marshes or locks, sluices, 
 or flood-gates, removing 4 & 5 Vic. c. 26, s. 12. 
 
 Personating bail, falsely entering into recog- 
 nizances, or any person in name of another 
 knowing or consenting to the hame, acknow- 
 ledging any cognovit or judgment, or any 
 deed, to be registered lO&ll Vic. c. 9, 8. 10. 
 
 Personating, falsely, stockholders 10 & 11 Vic. c. 9, s. 7. 
 
 Poison, administering, with intent to murder. 4 &6Vic. c.27, s». 9, 10. 
 
 Rape 4 &5 Vic. c. 27, s. 16. 
 
 Railways. — Maliciously obstructing i all ways, 
 by putting or throwing upon ^ucll any 
 wood, stone, or any other mutter or thing, 
 
constables' guide 
 
 110 
 
 or taking up, removing or displncing iiuy 
 
 rail, sleeper, or otber mutter or thing lie- 
 
 l()n{:iiig to railway ; ninldnj;, showing, hid- 
 ing or removing, or omitting to make or 
 
 show, any signal or light upon or near to 
 
 railways; or doing anytliing to injure or 
 
 des'troy any engines, carriages or trucks, or 
 
 to endanger safety of travellers or others on 
 
 the railway 18 Vic. c. 92, s. 32. 
 
 Railway carriage?, maliciously throwing any- 
 thing against, with intent to injure any 
 
 person 18 Vic. c. 92, 8. 33. 
 
 Receiving stolen property, when the original 
 
 stealing is felony 4 & 5 Vic. c. 25, s. 40. 
 
 Rescue of persons convicted of murder 3 Vic. c. 3, s. 4. 
 
 Rewards.— Corruptly taking rewards, under 
 
 pretence of helping any one to his property, 
 
 which has been stolen, unless such party 
 
 shall cause the oflFender to be apprehended 
 
 and tried 4 & 5 Vic. c. 25, s. 50. 
 
 3 Wm. IV. c. 3. 
 
 officers in 3 Wm. IV. c 3, s. 13. 
 
 Riot Act, not dispersing when read 3 Wm. IV. c. 8, s. 13. 
 
 Robbery, attended with cutting 4 & 6 Vic. c. 2-5, s. 6. 
 
 Robbery, attended with violence 4 & 5 Vic. c. 25, s. 7. 
 
 Robbery of any one, or stealing chattel, money 
 
 or Vi'.luable security from the p*-rson of 
 
 ft„other 4 & Vic. c. 25, s. 9, and G Vic. c. 5, s. 2. 
 
 Setting fii-e to stacks of corn 18 Vic. c. 92, s. 35. 
 
 Setting tire to railway fctations or goods therein 18 Vic. c. 92, s. 3G. 
 
 Setting fue to a dwelling-bouse, any per^ion 
 
 being therein 4 & 5 Vic. c. 26, 8. 2. 
 
 Setting fire to churches, &c., or any house or 
 
 stable, coach-house, out-house, &c 4 & 5 Vic. c. 26, s. 3. 
 
 Setting fire to school-houses, colleges, town 
 
 halls, &c 12 Vic. c. 20, e. 3. 
 
 Setting fire to ships, to cast awny or destroy, 
 
 either with intent to murder any person or 
 
 whereby the lifeof any person is endangered 4 & 5 Vic. c. 26, s. 7. 
 
 Setting fire to ships, with intent to prejudice 
 
 owner, underwriter, or goods on board 4 & 5 Vic. c. 26, 8. 9. 
 
 Riot 
 
 Riots, opposition to peace 
 
 S! 
 
 I II 
 
 M 
 
 ^*s^~- 
 
IK) 
 
 CONSTABLES GUIDE. 
 
 r 
 
 Setting or attempting to set fire to buildings, 
 
 stacks, 4c., although not successful 10 & 11 Vic. c. 4, s. 7. 
 
 Setting fire to her Mnjesty'a dockyards, ships, 
 
 &c. &c 3 Wra. IV. c. 3, s. 14. 
 
 .Sodomy 4 & 5 Vic. c. 27, s. 19. 
 
 Shipwreck, impeding the saving of life in case 
 
 of 4 & 5 Vic. c. 26, s. 10. 
 
 Shipwreck, destroying the wreck in case of... 4 & 5 Vic. c. 26, s. 17. 
 
 Stealing passage tickets 18 Vic. c. 92, s. 36. 
 
 Stealing in a dwelling-house, with menaces... 4 & 5 Vic. c. 25, s. 17. 
 
 Stealing public or private securities for 
 
 money, &c 4 & 5 Vic. c. 25, s. 36. 
 
 Stealing horses 4 & 6 Vic. c. 25, s. 29. 
 
 Stealing any goods in any vessel, or from any 
 
 dock or Avharf 4 & 6 Vic. c. 25, a. 21. 
 
 Stealing or plundering any part of a ship or 
 vessel which is in distress or has been 
 wrecked, or any goods belonging to same... 4 & 5 Vic. c. 25, s. 22. 
 
 Stealing, by clerk or servant, of any chattel, 
 money or valuable security belonging to or 
 in the possession of or power of his master. 4 & 5 Vic. c. 25, s. 88. 
 
 Stealing chattel, money or valuable security, 
 in a dwellingrhou! e, or by menace or 
 threats putting any one therein in bodily 
 fear 4 & 5 Vic. c. 25, s. 17, and 6 Vic. c. 5, s. 2. 
 
 Stealing glass, wood or fixtures from build- 
 ings, &c 4 & 5 Vic. c. 25, s. 36. 
 
 Stealing, by tenants and lodgers, from their 
 rooms 4 & 5 Vic. c 25, s. 37. 
 
 Stolen property. — Taking rewurd for helping 
 anyone to stolen property, without bringing 
 offender to trial 4 & 5 Vic. c. 25, e. 50. 
 
 Stabbing, cutting or wounding, with intent to 
 murder 4 & 6 Vic. c. 27, s. 9. 
 
 Shooting at any person, or attempting to dis- 
 charge any loaded arms at any person, with 
 intent to murder or do some grievous bodily 
 hiirm, or to resist any lawful apprehension 
 or detainer 4&5Vic. c. 27, ss.10,11. 
 
 Suffocating, with intent to murder 4 & 6 Vic. c. 27, s. 10. 
 
 Strangle, attempting to, with intent to murder. 4 & 5 Vic. c. 27, e. 10. 
 
constables' guide. 
 
 Sendingr or delivering any letter or writing, 
 dernnnding with menaces, witbout any rea- 
 sonable or probable cause, any chattel, 
 money or valuable security 4 & 5 He. c. 25, s. 12. 
 
 Sending or delivering any letter or writing, 
 accusing or threatening to accuse any one 
 of any crime punishable with death or trans- 
 portation, or of any assault witli intent to 
 commit rape, or of any attempt to commit 
 it, with a view of extorting any chattel, 
 
 money or valuable security 4 & 5 Vic. c. 25, s. 12. 
 
 Sending letter, demanding either with mena- 
 ces' or by force any chattel, money or secu- 
 rity, without reasonable or probable cause.. 4 & 5 Vic. c. 25, s. 12. 
 
 117 
 
 'V 
 
 tl 
 
 Since writing this sketch, I have been referred to and have 
 seen a very good and useful little woik, on the Office and Duties 
 of Constables, edited by the lion. James Patton, founded upon 
 a charge delivered at Barrie by his Honor Judge Gowan, 
 which may be read with great advantage, as it has evidently 
 been prepared with that care and accuracy which distinguish 
 the proceedings of his Honor. 
 
 A. W • 
 
APPENDIX. 
 
 EXTRACTS FI'iOM "IIOUSKIIOLD WORDS." 
 
 Reference havinp^ boon made, at the foot of the Table of Contcnt.s, to 
 some excellent articles in Iliuxehobl ^V(Jl'<ln, to be read in connection 
 with this work, the publishers think it will be a convenience to the 
 reader to reprint them here. They will be found to bo well worthy of 
 perusal, for they are not only instructive but are grounded upon actual 
 obaervatiou and enquiry. 
 
 A DETECTIVE POLICE PARTY. 
 
 The fresh-coinpiexioned, sniootli-fiiced oflicer with the str.ange air of t'implici- 
 ty, begin, with a rustic smile, and in a soft wheedliug touc of voice, to relate 
 the Butcher's Story, thus : 
 
 " It's just about six years ago, now, since informntion was given at Scotland 
 Yard of there being extensive robberies of lawns and silks going on, at some 
 wholesale houses in the City. Directions were given for the bu>jines3 being 
 looked into ; ani Straw, and Feudal', and me, we were all in it." 
 
 '•When you received your instructions," said we, "you went away, and held 
 a sort of Cabint't Council together ?" 
 
 The smoth-faced officer coaxingly replied, " V'e-es. Just so. We turned it 
 over among ourselves a good deal. It appenred, when we went into it, that the 
 goods were sold by the rec^nvers extrnordinarily cheap — much cheaper than they 
 could have been if they had been honestly come by. Tlie receivers were in the 
 trade, and kept capl',al shops — establishments of tl^p first respectability — one of 
 'era at the We-t End, one down in Westminster. After a lot of watching and 
 inquiry, and this and that among ourselves, we found that the job was managed, 
 and the purchases of the stolen goods m;ulo at a little public-house near Smith- 
 tield, down by Saint Bartholomew's; where the Warehouse Porters, who were 
 the thieves, took 'em for that purpose, d"ii't you see? and made appointments 
 to meet the people that went between themselves and the receivers. This public- 
 house was principally used by journe.vman butchers from the country, out of 
 place, and in want of situations ; so, what did we do, but — ha, ha, ha! — we 
 agreed that I should be dressed up like a butche- Liyself, and go and live 
 there !" 
 
CONSTATUiES GUIDE. 
 
 U9 
 
 Never anroly, was a fjicuUy of ohsprviition hotter brouplit to hear ufion a pur- 
 pose, thun that which piokeil out tlio nfficpr for the part. Nothing in nil creation, 
 couM hivo strted him better. Even while ho npoke, he bi'dimoa prcasy, sleepy, 
 shy, pood-n.iturerl, chncklohcailed, unsuspicious, and confiding young butcher. 
 His very hnir scfmed to have suet in it, as he made it smooth upon his head, 
 nnd his fresh complexion to be lubriciiled by inrpe quontities of animal food. 
 
 "I — ha, ha, ha !" (nlways witli the confiding snipger of the Axdis-h young 
 
 butcher) "so I dressed myself in the regular way, made up a little bundle of 
 clothes, an ' went to the puhljc-hnuse, and asked if I could have a lodging there i 
 They snys, 'yes, you can have a lodging here,' and I got a bedroom, and settled 
 myself down in the tap. There was a number of people about the pliice, and 
 coming backwards ond forwards to the house; and first one says, and then an- 
 other says, * Are you from the country, young man?' «Vcs,' I snys, 'lam, 
 I'm come out of Nortliamptonshire. and I'm quite lonely here, for I don't know 
 London at all, and it is such a mighty big town !' ' 'It is a big town,' they say?. 
 'Oh, it's a I'm/ big town !' I says. 'Really nnd truly I never was in such n 
 town. It quite confuses of me !' — and all that you know. 
 
 "When some of the .Journeyman Butchers that used the house, found that I 
 wanted a place, they snys, 'Oh, we'll get yon a place!' And they actually took 
 me to a sight of places in ^^"wgate Market, Newport Market, Clare, Carnnby — 
 I don't know where all. But the wages was — ha, ha, ha ! — was not sufficient, and 
 I never could suit myself, don't you see ? Some of the queer frequenters of the 
 house, wore a little suspicious of me at first, and I was obliged to be very cau- 
 tious indeed, how I communicated with Straw or Fendall. Sometimes, when T 
 went out, pretending to stop and look into the shop windo;vp, and just casting 
 my eye round, I used to see some of 'em following me ; but Leingperhops better 
 accustomed than Ihey thought for, to that sort of thing, I used to lead 'em on a» 
 far as I thought necessary or convenient — sometimes a long wny — and then turn 
 sharp round, nnd nleet 'em, and say, 'Oh, dear, how glad I am to come upon 
 you so fortunate ! This London's such a place, I'm blowed if I nn't lost again !' 
 And then we'd go back all together, to the public-house, and — ha, ha, ha! and 
 smoke our pipes, don't you see? 
 
 " They were very attentive to me, I nm sure. It was a common thing, while 
 I was living there, for some of 'em to take me out, and show me London. They 
 showed me the Prisons — showed me Newgate — and when they showed me New- 
 gate, I stops at the place where the Porters pitch their loads, nnd says, ' Oh 
 dear,' ' is this where they hang the men! Oh Lor!' ' That!' they says, ' what 
 a simple cove he is ! That nn't it !' And then, they pointed out which was it, 
 and I says ' Lor !' and they says, ' Now you'll know it ngcn^ won't you !' And 
 I said I th mght I should if I tr'ed hard — and I assure you Ikcpt a sharp look 
 out for the City Police when we were out in this wny, for if any of 'em had 
 happened 'lO know me, nnd had spoke to me, it would have been all up in a 
 minnt''. Howver by g"oI 'u^k ^uch a thing never happened, nnd all went on 
 qu et : t' O'l^b ih • d flficu't'es I hud in commnnicating with mj brother officers 
 were quite extraordinary. 
 
 i 
 
 .■I 
 
 m 
 
120 
 
 APPENDIX. 
 
 " The stolen goods that were brought to the public-house, by the Warehouse 
 Porters, were always cH^posed of in a back parlor. For a long time, 1 never could 
 get into this parlor, or see what was done there As I sat smoking my pipe, 
 like an innocent young chap, by the tap-room fire, I'd hear some of the parties 
 to the robbery, as they came in and out, say softly to the landlord, ' Who's 
 that ? What does he do here ?' ' Bless your soul,' says the landord, • He's only 
 a' — ha, ha, ha I — ' he's only a green young fellow from the country, as is looking 
 for a butcher's sitiwation. Don't mind him !' So, in course of time, they were 
 so convinced of my being green, sind got to be so accustomed to me, that I was 
 as free of the parlor as any of 'em, and I have seen as much as Seventy Pounds 
 worth of fine lawn sold there in one night, that was stolen from a warehouse ia 
 Ft-iday Street. After the sale, the buyers alway stood treat — hot supper, or 
 dinner, or what not — and they'd say on those occasions 'Come on, Butcher! 
 Put your best leg foremost, young'un, and walk into it !' Which I used to do — 
 and hear, at table, all manner of particulars that it was very important for us 
 Detectivr'i to know. 
 
 " This went on for ten weeks. I lived in the public house all the time, and 
 never was out of the Butcher's dress except in bed. At last, when I had fol- 
 lowed seven of the thieves, and set 'era to rights — that's an expression of ours, 
 don't you see, by which I mean to say that I traced 'em, and found out where 
 the robberies were done and all about 'em — Straw, and Fendall, and I, gave one 
 another the ofBce, and at a time agreed upon, a descent was made upon the 
 public-house, and the apprehensions eflected. One of the first things the officers 
 did, was to collar me — for the parties to the robbery weren't to suj^.pose yet, that 
 I was anything but a butch. r — on which the landlord cries out, » Don't take 
 him,^ he says, * whatever you do ! He's only a poor young chap from the coun- 
 try, and butter wouldn't melt in his mouth !' however, the — ha, ha, ha! — they 
 took me, and pretended to search my bedroom, where nothing was found but 
 an old fiddle belonging to the landlord, that had got there somehow or another. 
 But, it entirely changed the landord's opinion, for when it was produced, he 
 says ' My fiddle ! The Butcher's a pur-loiner! I give him into custody for the 
 robbery of a musicalinstrument !' 
 
 <'The man that had stolen the goods in Friday Street was not taken yet. He 
 had told me, in confidence, that he had his suspicions there was something 
 wrong (on account of the City Police having captured one of the party,) and 
 that he was going to make himself scarce. I asked him, • Where do you mean 
 to go, Mr. Shepherdson ?' ' Why Butcher,' says he, • the Setting Moon, in the 
 Commercial Road, is a snug house, and 1 shall hang out there for a time. I shall 
 call myself Simpson, which appears to me to be a modest sort of a name. Per- 
 haps you'll give us a look in, Butcher ? ' Well,' says I, • I think I will give you 
 a call' — which I fully intended, don't you see, because, of course he was to be 
 tak.'n ! I went over to the Setting Moon next day, with a brother oflScer, and 
 asked at the bar for Simpson. They pointed out bis room, upstairs. As we were 
 going up he looks down, over the bannisters, and calls out, ' Halloa, Butcher ! 
 is that you V ' Yes, it's me. How do you find yourself?' ' Bobbibb,' he says ; 
 
 ^ 
 
r 
 
 APPENDIX. 
 
 121 
 
 'but who's that with you ? ' It's only a young man, that's a friend of mine,' I 
 says. ' Come along, then,' says he ; any friend of the Butcher's is as welcome 
 as the Butcher !' So, I made my friend acquainted with him, and wc took him 
 into custody. 
 
 " You have no idea. Sir, what a sight it wa.«, in Court, when they first knew 
 thr.c I wasn't a Butcher, after all ! I wasn't produced at the first examination 
 when there was a remand ; but I was at the second. And when I stepped into 
 the box, in full police uniform, and the whole party saw how they had been 
 done, actually a groan of horror and dismay proceeded from 'em in the dock ! 
 
 *' At the Old Bailey, when their trials came on, Mr. Clarkson was engaged 
 for the defence, and he couldn't make out how it was, about the Butcher. lie 
 thought, all along, it was a real Butcher. When the counsel for the prosecution 
 said, ' I will now call before you gentlemen, the Police-ofiicer,' meaning myself, 
 Mr. ClarksoQ tays, «Why Police-olhcer ? Why more Police-oiTicers ? I don't, 
 want Police. We have Lad a great deal too much of the Police. I want the 
 Butcher ! However, Sir, he had the Butcher and the Police-officer, both in one, 
 Out of seven prisoners committed for trial, five were found guilty, and some of 
 'em were transported. The respectable firm at the West End got a term of im- 
 prisonment ; and that's the Butcher's Story !" 
 
 The story done, the chuckle-headed Butcher again resolved himself into the 
 smooth-faced Detective. But he was so extremely tickled by their having taken 
 him abi ut, when he was that Dragon in disguise, to show him London, that he 
 could not help reverting to that point in his narrative ; and gently repeating, 
 with the Butcher snigger, *' ' Oh dear !' I says, ' is that where they hang the 
 men ? Oh, Lor !' • That .'' says t) , ' What a simple cove he is !' " 
 
 It being now late, and *he party very modest in their fear of being too diffuse, 
 there were some tokens of separation ; when Sergeant Dornton, the Soldierly- 
 looking man, said, looking round him with a smile : 
 
 •' r>efore we break up, Sir, perhaps you might have some amusement in hearing 
 of the Adventures of a Carpet Bag. They are very shoit ; and I think, curious.'' 
 
 We welcomed the Oarpet Bag, as cordially as Mr. Shepherdson welcomed the 
 false Butcher at the Setting Moon, Sergeant Dornton proceeded : 
 
 " In 1847, I was despatched to Chatham, in search of one Mesheck, a Jew. 
 lie had been carrying on, pretty heavily, in the bill-stealing way, getting ac- 
 ceptances from young men of good connexions (in the army chiefly,) on pretence 
 of discount, and bolting with the same. 
 
 " Mescheck was off, before I got to Chatham. All I could learn about him 
 wag, that he had gone, probably to London, and had with him a — Carpet Bag. 
 
 " I came back to town, by the last train from Blackwall, and made inquiries 
 concerning a Jew passenger with — a Carpet Bag. 
 
 " The office was shut up, it being the last train. There were only two or 
 
 three porters left. Looking after a Jew with a Carpet Bag, on the Blackwall 
 
 Railway, which was then the high road to a great Military Depot, was worse 
 
 than looking after a needle in a hay rick. But it happened that one of these 
 
 8 
 
 1 1 (i 
 
122 
 
 constable's guide. 
 
 m 
 
 porters Lad carried, for a certain Jew, to a certain public-house, a certain — • 
 Carpet Bag. 
 
 " I went to the public-house, but the Jew had only left his luggnge there for 
 a few hours, and had called for it in a cab, and taken it away. I put such ques- 
 tions there, and to porter, as I thought prudent, and got at this description of 
 — the Carpet Bag. 
 
 " It was a bag which had, on one side of it, worked in worsted, a green parrot 
 on a stand. A green parrot on a stand was the means by which to identify that 
 — Carpet Bag. 
 
 •' I traced Mesheck, by means of this green parrot on a stand, to Cheltenham, 
 to Birmingham, to Liverpool, to the Atlantic Ocean. At Liverpool, he was too 
 many for me. He had gone to the United States, and I gave up all thoughts of 
 Mesheck, and likewise of his — Carpet Bag. 
 
 " Many months afterwards — near a year afterwards — there was a r>ank in 
 Ireland robbed of seven thousand pounds, by a person of the name of Doctor 
 Dundey, who escaped to America ; from which country some of the stolen notes 
 oame home. He was supposed to have bought a farm in New Tersey. Under 
 proper management, that estate could be seized and sold, for the benefit of the 
 parties he had defrauded. I was sent otF to America for this purpose. 
 
 " I landed at Boston. I went on to New York. I found that he had lately 
 changed New York paper-money for New Jersey paper-money, and had banked 
 cash in New Brunswick. To take this Doctor Dundey, it was necessary to en- 
 trap him into the State of New York, which required a deal of artifice and 
 trouble. At one time he couldn't be drawn into an appointment. At another 
 time, he appointed to come to meet me, and a New York oflScer, on a pretext I 
 made ; and then his children had the measles. At last, he came, per steamboat 
 and I took him, and lodged him in a New York Prison, called the Tombs ; which 
 I dare eay you know, Sir ?" 
 
 Editorial acknowledgment to that effect. 
 
 *' I went to the Tombs, on the morning after his capture, to attend the exam 
 ination before the magistrate. I was passing through the magistrate's private 
 room, when, happening to look round me to take notice of the place, as wo gene- 
 rally have a habit of doitig, I clapped my eyes, in one corner, on a— Carpet 
 
 Bag. 
 
 " What did I see upon that Carpet Bag, if you'll believe me, but a green par- 
 rot on a stand, as large as life ! 
 
 «« ' That Carpet Bag, with the representation of a green parrot on a stand, 
 said I, * belongs to an English Jew, named Aaron Mesheck, and to no other 
 man, alive or dead !' 
 
 *• I give you my word the New York Police officers were doubled up with surprise. 
 
 " ' How do you ever come to know that ?' said they. 
 
 »• • I think I ought to know that green parrot by this time,' said I ; * for I have 
 had as pretty a dance after that bird, at homo, as ever I had, in all my life I' ' 
 
 '• And teas it Mesheck's ?" we submissively enquired. 
 
APPENDIX. 
 
 123 
 
 1 
 
 P 
 
 " Was it, Sir ? Of course it was ? lie was in custody for another offence, in 
 that very identical Tombs, at that very identical time. And more than that j 
 Some memoranda, relating to the fraud for which I had vainly endeavoured to 
 take him, were found to be, at that moment, lying in that very same individual 
 —Carpet Bag !" 
 
 Such are the curious coincidences and such is the peculiar ability, always 
 sharpening and being improved by practice, and always adapting itself to every 
 variety of circumstances, and opposing itself to every new device that perverted 
 ingenuity can invent, for which this important social branch of the public ser- 
 vice is remarkable ! For ever on the watch, with their wits stretched to th;: 
 utmost, these officers have from day to day and year to year, to set themselves 
 against every novelty of trickery and dexterity that the combined imaginations 
 of all the lawless rascals in England can devise, and to keep pace with every 
 such invention that comes out. In the Courts of Justice, the materials of 
 thousands of such stories as we have narrated — often elevated into the marvellous 
 and romantic, by the circumstances of the case — are dryly compressed into the 
 set phrase, "in consequence of information I received, I did so and so." Sus- 
 picion was to b3 directed, by careful inference and deduction, upon the right 
 person ; the right person was to be tiken, wherever he had gone, or whatever 
 he was doing to avoid detection ; he is taken ; there he is at the bar ; that is 
 enough. From information I, the officer, received, I did it ; and according to 
 the custom in these cases, I say no more. 
 
 These games of chess, playpd with live pieces, are played before small audi- 
 ences, and are chronicled nowhere. The interest ofthe game supports the player. 
 Its results are enough for Justice. To compare great things with small, suppose 
 Leverrier or Adams infoi'ming the public that from information he had received 
 he had discovered a new planet; or Columbus informing the public of his day 
 that from information he had received, he had discovered a new continent ; so the 
 Detectives inform that they have discovered a new fraud or an old offender, and 
 the process is unknown. 
 
 Thus at midnight, closed the proceedings of our curious and interesting party. 
 But one other circumstance finally wound up the evening, after our Detective 
 guests had left us. One of the sharpest among them, and the officer best 
 acquainted with the Swell Mob, had his pocket picked, going home ! 
 
 i 
 
 Vi 
 
 9 
 
 m 
 
 THREE "DETECTIVE" ANECDOTES. 
 
 I.— THE PAIR OP GLOVES. 
 
 '* It's a singular story. Sir," said Inspector Wield, of the Detective Police, 
 who, in company with Sergeants Dornton and Mith, paid us another twilight 
 visit, one July evening; " and I've been thinking you might like to know it. 
 
 " It's concerning the murder of the young woman, Eliza Grimwood, some years 
 ago, over in the Waterloo Road. She was commonly called The Countess, because 
 
\ 
 
 124 
 
 constables' guide. 
 
 of her handsome appearance, and her proud way of carrying of herself; and 
 ■when I saw the poor Countess (I had known her well to speak to), lying dead, 
 with her throat cut, on the floor of her bedroom, you'll believe me that a variety 
 of reflections calculated to make a man rather low in his spirits, came into my 
 head. 
 
 " That's neither here nor there. I went to the house the morning after the 
 murder, and examined the body, and made a general observation of the bedroom 
 where it was. Turning down the pillow of the bed with my hand, I found, un- 
 derneath it, a pair of gloves. A pair of gentleman's dress gloves, very dirty ; 
 and inside the lining, the letters Tk, and a cross. 
 
 •' Well, Sir, I took them gloves away, and I showed 'em to the Magistrate, 
 over at Union Hall, before whom the case was. lie says, 'Wield,' he saj's, 
 * there's no doubt this is a discovery that may lead to something very important ; 
 and what you have got to do. Wield, is, to find out the owner of these gloves.' 
 
 " I was of the same opinion, of course, and I went at it immediately. I looked 
 at the gloves pretty narrowly, and it was my opinion that they had been cleaned. 
 There was a smell of sulphur and rosin about 'em, you know, which cleaned 
 gloves usually have, more or less. I took 'em over to a friend of mine at Kcn- 
 nington, who was in that line, and I put it to him. ♦ What do you say now ? 
 Have these gloves been cleaned ?' ' These gloves have beon cleaned,' says he. 
 ' Have you any idea who cleaned them ?' says I. ' Not at all,' says he ; ' I've 
 a very distinct idea who didn't clean 'em, and that's myself. But I'll tell you 
 what, AVield, there ain't above eight or nine reg'lar glove cleaners in London, — 
 there were not, at that time, it seems — ' and I think I can give you their ad- 
 dresses, and you may find out, by that means, who did clean 'em.' Accordingly, 
 he gave me the directions, and I went here, and I went there, and I looked up 
 this man, and I looked up that man ; but though they all agreed, that the gloves 
 had been cleaned, I couldn't find the man, woman, or child, that had cleaned 
 that aforesaid pair of gloves. 
 
 "What with this person not being at home, and that person being expected 
 home in the afternoon, and so forth, the inquiry took me three days. On the 
 evening of the third day, coming over Waterloo Bridge from the Surrey side of 
 th9 river, quite beat, and very mucli vexed and disappointed, I thought I'd have 
 a shilling's worth of entertainment at the Lyceum Theatre to freshen myself up. 
 So I went into the Pit, at half-price, and I sat myself down next to a very quiet, 
 modest sort of young man. Seeing I was a stranger (which I thought it just 
 as well to appear to be) he told me the names of the actors on the stage, and we 
 got into conversation. When the play was over, we came out together, and I 
 said, ♦ We've been very companionable and agreeable, and perhaps you wouldn't 
 object to a drain ?' ' Well, you're very good,' says he ; 'I shouldn't object to a 
 drain.' According, we went to a public house, near the Theatre, sat ourselves 
 down in a quiet room upstairs on the first floor, and called for a pint of half-and- 
 half, a-piece, and a pipff. 
 
 " Well, Sir, we put our pipes aboard, and we drank our half and-half, and 
 
APPENDIX. 
 
 125 
 
 eat a talking, very sociably, when the young man says, 'You must excuse me 
 stepping very long,' he snys, ' because I'm forced to go home in good time. I 
 must be at work •x'^l night.' At work all night ?' says I. 'You ain't a Baker?' 
 * No,' he says, laughing, I ain't a baker.' ' I thought not,' says I, ' you haven't 
 the looks of a baker,' ' No,' says he, ' I'm a glove-cleaner.' 
 
 " I never was more astonished in my life, than when I heard them words come 
 out of his lips. ' You're a glove cleaner, are you ?' says I. ' Yes,' he says, ' I 
 am.' 'Then, perhaps,' says I, taking the gloves out of my pocket, 'you can 
 tell me who cleaned this pair of gloves ? It's a x'um story,' I says. ' I was 
 dining over at Lambeth, the other day, at a free-and-easy — quite promiscuous — 
 with a public company — when some gentleman, he left these gloves behind him ? 
 Another gentleman and me, you see, we laid a wager of a sovereign, that I 
 wouldn't find out who they belong to. I've spent as much as seven shillings al- 
 ready in trying to discover ; but, if you could help me, I'd stand another seven 
 and welcome. You see there's Tn and a cross, inside.' ' /see,' he says. 'Bless 
 you, /know these gloves very well ! I've seen dozens of pairs belonging to the 
 same party.' 'No?' says I. 'Yes,' says he. 'Then you know who cleaned 
 'em ?' says I. ' Rather so,' says he. ' My father cleaned 'em.' 
 
 "' Where does your father live ?' says I. ' Just round the corner,' says the 
 young man, ' near Exeter Street, here. He'll tell you who they belong to, directly. ' 
 'Would you come round with me now ?' says I. ' Certainly,' says he, but you 
 needn't tdl my father that you found me at the play, you know, because he 
 mightn't like it.' • All right !' We went round to the place, and there we found 
 an old man in a white apron, with two or three daughtei-s, all rubbing and 
 cleaning away at lots of gloves, in a front parlour. 'Oh, Father!' says the 
 young man, ' here's a person been and made a bet about the ownership of a pair 
 of gloves, and I've told him you can settle it.' ' Good evening, Sir, says I to the 
 old gentleman. ' Here's the gloves your son speaks of. Letters Tb, you see, and 
 a cross.' ' Oh yes,' he says, ' I know these gloves very well ; I've cleaned dozens 
 of pairs of 'em. They belong to Mr. Trinkle, the great upholsterer in Cheap- 
 side. ' Did you get 'em from Mr. Trinkle, direct,' says I, * if you'll excuse my 
 asking the question ?' ' No,' says he ; ' Mr. Trinkle always sends 'em to Mr. 
 Phibb's, the haberdasher's opposite his shop, and the haberdasher sends 'em to 
 me.' ' Perhaps you wouldn't object to a drain ?' says I. * Not in the least !' 
 says he. So took the old gentleman out, and had a little more talk with him 
 and his son, over a glass, and we parted ex-cellent friends. 
 
 "This was late on a Saturday night. First thing on the Monday morning, 
 I went to the haberdasher's shop, opposite Mr. Trinkle's the great upholsterer's 
 in Clicapside. 'Mr, Phibbs in the way?' ' My name is Phibbs,' 'Oh! I be- 
 lieve you sent this pair of gloves to be cleaned?' 'Yes, I did, for young Mr. 
 Trinkle over the way. There he is, in the shop !' ' Oh ! that's him in the shop, 
 is it? Ilim in the green coat ?' ' The same individual.' ' AVell, Mr. Phibbs, this 
 is an unpleasant affair; but the fact is, I am Inspector Wield of the Detective 
 Police, and I found these gloves under the pillow of the young woman that was 
 
 :S! 
 
126 
 
 CONSTABLES GUIDE. 
 
 murdered the other day, over in the Waterloo road?' 'Good Heaven !' snys he. 
 
 • He's a most respectable young man, and if his father was to hear of it, it would 
 be the ruin of him J' ' I'm very sorry for it,' says I, ' but I must take him into 
 custody.' ' Good Heaven !' says Mr. Phibbs, again ; ' can nothing be done ?' 
 
 * Nothing says I. 'Will you allow me to call him over here,' says lie, ' that his 
 father may not see it done ?' ' I don't object to that,' says I ; ' but unfortunately 
 Mr. Phibbs, I can't allow of any communication between you. If any was at- 
 tempted, I should have to interfere directly. Perhaps you'll beckon him over 
 here? Mr. Phibbs went *o the door and beckoned, and the young fellow came 
 across the street directly ; a smart, bri!«k young fellow. 
 
 " 'Good morning, Sir,' says I. ' Good morning. Sir,' says he. 'Would you 
 allow me to enquire. Sir, says I, ' if you ever had any acquaintance with a party 
 of the name of Grimwood?" 'Grimwood! Grimwood !' says he, 'No! 'You 
 know the AVatei-loo Road ?' ' Oh 1 of course I know the Waterloo Road !' 
 ' Happen to have heard of a young woman being mardered there ?' ' Yes, I read 
 it in the paper, and very sorry I was to read it.' ' Here's a pair of gloves be- 
 longing to you, that I found under her pillow the morning afterwards !' 
 
 " He was in a dreadful state. Sir ; a dreadful state ! ' Mr. Wield,' he says, 
 ' upon my solemn oath I never was there. I never so much as saw her to my 
 knowledge, in my life !' ' I am very sorry,' says I. ' To tell you the truth ; I 
 don't think you are the murderer, but I must take you to the Union Hall in a cab. 
 However, I think it's a case of that sort, that, at present, at all events, the 
 magistrate will hear it in private.' 
 
 A private examination took place, and then it came out that this young man 
 
 was acquainted with a cousin of the unfortunate Eliza Grimwood, and that, 
 
 calling to see this cousin a day or two before the murder, he left these gloves 
 
 upon the table. Who should come in, shortly afterwards but Eliza Grimwood! 
 
 ' Whose gloves are these ?' she says, taking 'em up. ' Those are Mr. Trinkle's 
 
 gloves,' says her cousin. 'Oh !' says she, ' they are very dirty, and of no use to 
 
 liim, I •'m sure. I shall take 'em away for my girl to clean the stoves with.' 
 
 * i rthe put 'cm in her pocket. The girl had used 'em to clean the stoves, and, 
 
 3 1.1' '^ L-) doubt, had left 'em lying on the bed-room mantel-piece, or on the 
 
 d ■ IS. or somewhere; and her mistress, looking round to see that the room 
 
 had caught 'em up and put 'em under the pillow where I found 'em. 
 
 *' Ti ...i's the story, Sir. 
 
 II.— THE AUTFCL TOUCH. 
 
 " One of the most beautiful things that ever was done, perhaps," said Inspector 
 Wield, emphasising the adjective, as preparing us to expect dexterity or inge- 
 nuity rather than strong interest, " was a move of Sergeant Witchem's. It was 
 a lovely idea ! 
 
 " Witchem and me were down at Epsom one Derby Day, waiting at the station 
 for the Swell Mob. As I mentioned, when we were talking about these things 
 before we are ready at the station when there's races, or an Agricultural Show, 
 or a Chancellor sworn in for an university, or Jenny Lind, or any thing of that 
 
APPENDIX. 
 
 127 
 
 sort ; and as the Swell Mob come clown, we send 'em back by the next train. 
 But some of the Swell Mob, on the occasion of this Derby that I refer to, 
 so far kiiklied us as to hire a hors^e and shay; start away from London by Whitc. 
 chnpe!, and miles round come into Epsom from the opposite direction ; and go to 
 work, right and left, on the course, while we were waiting for 'em at the Hail. 
 That, however, ain't the point of what I'm going to tell you. 
 
 «' While Witchem and me were waiting at the station, there comes up one Mr. 
 Tatt ; a gentleman formerly in the public line, quite an amateur Detective in 
 his way, and very much respected. ' Halloa, Charley Wield,' he says. ' What 
 arc you doing here ? On the look out for some of your old friends ?' ' Yes, the 
 old move, Mr. Tatt.' 'Come along,' he says, 'you and AVitchem, and have a 
 glass of sherry.' 'We can't stir from the place,' says I, 'till the next train 
 conies in ; but after that we will with pleasure.' Mr. Tatt waits, and the train 
 comes in, and then Witchem and ma go off with him to the Hotel. Mr. Tatt, he's 
 got up quite regardless of expense, for the occasion ; and in his shirt-front 
 there is a beautiful diamond prop, cost him fifteen or twenty pound — a very 
 handr-ome pin indeed. We drink our sherry at the bar, and have out three or 
 four glasses, when Witchem cries, suddenly, * Look out, Mr. Wield ! stand fast !' 
 and a dash is made into the place by the swell mob — four of 'em — that have 
 conic down as I tell you, nnd in a moment Mr. Tatt's prop is gone ! AVitchem, 
 he cuts 'cm olT at the door, I lay about me as hard as I can, Mr. Tatt shows fight 
 like a good 'un, and there we are, all down together, heads and heels, knocking 
 about on the floor of the bar — perhaps you never see such a scene of confusion I 
 However, we stick to our men (Mr. Tatt being as good as any officer), and we 
 tala; 'eiii all, and carry 'em off" to the station. The station's full of people, who 
 have been took on the course ; and it's a precious piece of work to get 'em se- 
 cured. However, we do it at last, and we search 'em ; but nothing's found upon 
 'em, and they're locked up ; and a pretty state of heat we are in by that time, I 
 assure you ! 
 
 "I was very blank over it, myself, to think that the prop had been passed 
 away ; and I said to Witchem, when ho had set 'em to rights, and were cooling 
 ourselves along with this Mr. Tatt, ' we don't take much by this move, anyway, 
 for nothing's found upon 'em, and it's only the braggadocia* after all.' ' What 
 do you mean, Mr. Wield ?' says Witchem. ' Here's the diamond pin !' and in the 
 palm of his hand there it was, safe and sound ! ' Why, in the name of wonder, 
 says me and Mr. Tatt, in astonishment, ' how did you come by that ?' ' I'll tell 
 you how I come by it,' says he. ' I saw which of 'em took it ; and when we 
 were all down on the floor together, knocking about, I just gave him a little 
 touch on the I ick of his hand, as I knew his pal would ; and he thought it was 
 his pal ; and gave it me !' It was beautiful, beau-ti-ful ! "■ 
 
 "Even that was hardly the best of the case, for that chap was tried at the 
 Quarter Sessions at Guildford. You know what Quarter Sessions are. Sir. 
 Well, if you'll believe me, while them slow justices were looking over the Acts of 
 
 [! 
 
 ■■ . t>, 
 
 s^'Pi 
 
 * Thr^e mouths' imprisonment as reputed tbioves. 
 
128 
 
 constables' guide 
 
 Parliament, to see what they couM do to him, I'm bloweil if he diiln'l: cut out of 
 the dock before their faces I lie cut out of the dock, Sir, then ami there ; swam 
 across a river ; and got up into a tree to dr}' himself. In the tree he was took — 
 an old woman having seen him climb up — and Witcliem's artful touch trans- 
 ported himl 
 
 III.— TIIK SOFA. 
 
 "What young men will do, sometitiios, to ruin themselves and break tlieir 
 friends' hearts," said Serjeant Dornton, " it's surprising ! I had a case at Saint 
 Blank's Hospital whic.'.i was of this sort. A bad case, indeed, with a bad end! 
 
 '*Thc Secretary, and the House-Surgcon, and the Treasurer, of Saint Blank's 
 Hospital, came to Scotland Yard to give information of numerous robberies 
 having been committed on the students, Tiie students could leave nothing in the 
 pockets of their great-coats, wlule the great-coats were hanging at the Ho.-pital, 
 but it was almost certain to be stolen. Property of various descriptions was 
 constantly being lost; and the gentlemen were naturally uneasy about it, and 
 anxious, for the credit of the Institution, that tiie thief or thieves should bo 
 discovered. The case was entrusted to me, and I went to the Hospital. 
 
 " 'Now, gentlemen,' said I, after we had talked it over, ; ' I understand this 
 property is usually lost from one room.' 
 
 " Yes, they said. It was. 
 
 " ' I should wish, if you please,' said I, ' to see that room.' 
 
 '* It was a good-sized bare room downstairs, with a few tables and forms in it, 
 and a row of pegs, all round, for hats and coats. - 
 
 " ' Next, gentlemen,' said I, ' do you suspect anybody ?' 
 
 " Yes, they said. They did suspect somebody. They were sorry to say, they 
 Buspectcd one of the porters. 
 
 " ' I should like,' said I, ' to have the man pointed out to me, and to have a 
 little time to look after him.' 
 
 *' lie was pointed out, and I looked after him, and then I went back to the 
 Hospital, and said, ' Now, gentlemen, it's not the porter. He's unt'ertunatcly for 
 himself, a little too fond of drink, but he's nothing worse. My susj.icion i«. that 
 these robberies arc committed by one of the students ; and if you'll put JuC a 
 sofa into that room where the pegs are — as there's no closet — I tliink I shall be 
 able to detect the thief. I wish the sofa, if you please, to be covered with chintz, 
 or something of that sort, so tliat I may lie on my chest, underneath it, without 
 being seen.' 
 
 " The sofa was provided, and next day at eleven o'clock, before any of the 
 students came, I went there, with tliose gentlemen, to get underneath it. It 
 turned out to be one of those old-fashioned sofas Avith a great cross beam at the 
 bottom, that would have broken my back in no time if I could have got below it. 
 We had quite a job to break all this away in the time ; however, I fell to work, 
 and they fell to work, and we broke it out, and made a clear pluce for lue. I 
 got under the sofa, lay down on my chest, took out my knife, and made a con- 
 venient hole in the chintz to look through. It was then settled between nie and 
 
APrENDIX. 
 
 129 
 
 tlio gontlcmon ihrd vilicn tlic students aycvo all up in the Avanls', one of the 
 gentlemen >lioulJ cunic in, fur.l liiing up a grcat-cont on one of the pci;s. And 
 that that j;roat-coat should have, in one of the pockets, a pocket-book contain- 
 ing marked money. 
 
 •' After I had been there sonic time, the students began to drop into the room, 
 by one?, and two?, and threes, and to talk about all sorts of thing?, little thinking 
 there was anybody under the sofa— and then to go up stair?. At last there came 
 in one who rcnmincd until he ivas alone in the room by himself. Atallish gooJ- 
 Iookin<j; yuurig man of one or two and twenty, with a light whisker. He went to 
 a particu'ar hat-peg, took oif a good bat that was banging there, tried it on> 
 hung liis own hat in its place, and lung that bat on another peg, nearly 
 opposite to me. I then felt quite certain that lie was the thief, and would come 
 back bv-iuid-bv. 
 
 " When they were all up-stair?, the gentleman came in with the great-coat. I 
 showed him where to hang it, so that I might have a good view of it ; and he went 
 away ; and I lay under the sofa on my chest, for a couple of hours or so, waiting. 
 
 *' At last, the same young man came down. He walked across the room> 
 whistling — st(ipped and listened — took another walk and whistled — stopped 
 again and listened — then began to go regularly round the pegs, feeling in the 
 pockets of the coats- When he came to the great-coat, and felt the pocket- 
 book, he was so eager and so hurried that he broke the strap in tearing it open, 
 As he began to put the money in his pocket, I crawled out from under the sofa, 
 and bis eyes met mine. 
 
 " My face, as you may perceive, is brown now, but it was pale at that time, 
 my health not being good ; and looked as long as a horse's. Besides which, 
 there was a great draught of air from the door, underneath the sofa, and I had 
 tied a handkerchief round my head ; so what I looked like, altogether, I don't 
 know. lie turned blue — literally blue — when he saw me crawling out, and I 
 couldn't feel surprised at it. 
 
 " ' I am an officer of the Detective Police,' ' and have been lying here, since 
 you first came in this morning. I regret, for the sake of yourself and your 
 friends, that you should have done what you have ; but this case is complete. 
 You liave the pocket-book in your hand and the money upon you; and I must 
 take you into custody !' 
 
 "It was impossible to make cut any case in his behalf, and on his trial he 
 pleaded guilty. How or when he got the means I don't know ; but while he was 
 awaiting his sentence, he poisoned himself in Newgate." 
 
 We inquired of tiiis oflicer ou the conclusion of the foregoing anecdote, whether 
 time appeared long, or short, when he lay in that constrained position under the 
 sofa ? 
 
 " ' Why, you see, Sir,' he replied, ' if he hadn't come in, the first time, and 
 1 had not been quite sure he was the thief, and would return, the time would 
 have si-emed long. I?ut, as it was, I being dead-certain of my man, the time 
 seemed pretty short.' " 
 
 ! 
 
 ,1 s 
 
 1 
 
 i 
 
130 
 
 constables' guide. 
 
 I 
 
 'f 
 
 1 
 
 SPY POLICE. 
 
 "\Vc have alrcjily given some insight liito the workings of the Ditcctivc Police 
 systeni ot'Lomlun, and have found that it is solely enii'loyed in bringing crime 
 to justice. Wo have no political police, no police over opinion. The mos-t riibiil 
 demagogue can say in this free country what he choosfcs, provided it does not 
 tend to incite others to do what is ammying to the lieges. He speaks not under 
 the terror of an organised spy system. lie dreads not to discuss the alFairs of 
 the nation at a tavern, lest the waitir should be a policeman in disiiu'^e ; he can 
 converse fanuliarly with his guests at his own table without suspecting that the 
 interior of his ov.n liveries consists of a spy; when travelling, lie has not the 
 slighte.-t fear of perpetual imprisoiiment for declaring himself freely on the con- 
 duct of the powers t'oat be, because he knows that even if his fellow-passenger 
 be a Sergeant Myth or an Inspector AVield, no harm will come to him. 
 
 It is not so across the Channel. There, wliilo the criminal police is very do- 
 feciive, the police of politics is all powerful. In March last, thir(y thousand 
 political malcontents vrere swept beyond the gates of Paris in a single morning, 
 before the rest of ihe people were up ; and nobody was any the wiser till the 
 raa-terly feat had been performed ; but during the same month several single 
 Individuals were knocked down and robbed — some in broad day, others at 
 dusk — yet neither of the robbeis v/ere taken. In Austria, in some of the German 
 states, and in Italy, political es'.ionagc is carried to a point of refined ingenuity 
 of which no Englishman can form au idea. Mr. Tomkins goes, for instance, to 
 Naples ; and — as the Emperor of Russia might have enlarged on the happiness 
 and prosperity of that city after his recent visit to it, because the streets were 
 cleared of beggars, the cabmen compelled to dress in their best, and the fisher- 
 men to wear shoes — so in " Travels in Italy," which Mr. Tomkins would un- 
 doubtedlj' publish, there would not be a word about the police spy system; 
 because he, innocent man, was unable to detect in his table companions, in his 
 courier, or in his laundress, an agent of police. It is now our purpose to supply 
 from the authentic information of a resident in Naples, the hiatus to bcfuundin 
 all the books of all the Mr. Tomkinscs who have written " Travels." 
 
 The chief agent is the Commissary, who says our friend, has a certain district 
 put under his care, and is thus made responsible for its order and fidelity ; he is 
 a kind of nursing father, in short, to the unhappy inhabitants, with power to 
 ruin or destroy ; for though he nominally leceives his orders from the Minister 
 of Police, yet. as the cant phrase is, his office is eminently " suggestive ;" and 
 whether a suspicion is to be cleared up, an act of vengeance to be perpetrated, 
 or some object of interest or licentiousness to be attained, the report of the 
 Commissary supplies all the data for the operations at head-quarters. 
 
 Immediately under his orders this General of Division has both regular and 
 irregular troops, the former being the Policemen of the City ; the latter simply 
 Spies. When any long course of inquiry is to be carried out, he employs depu- 
 ties, who bring iu t'leir intelligence from time to time ; but if any immediate or 
 important information is desired, the Commissary undertakes that little Wii o 
 
IT 
 
 APPENDIX. 
 
 181 
 
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 business himself — it is a delicate morrcuu vrhieh this gourmnnJ cannot rcsisit, and 
 away ho posts to enjoy the banquet. 
 
 Some years ago, there resided in the neighbourhood of Naples a forei^iier, 
 Tvhoi^e healtii compelled him to seek a southern climate. His tas-tos and (U'ciipa- 
 tions were literary and his habits quiet ; but whether he had some secret enemy 
 •who had denounced him, or whether the Government were afraid of him, because 
 Le read and wrote, I know not ; but one fine morning the little town was mucli 
 agitated by the appearance of a Commissary of Police and his attendant " .^^liivri.'' 
 iMaiiy were the conjectures — as is always the case under such circumstances — 
 as to what could be the object of this visitation. No one took it to himself; but 
 as in a church each good Cliristian lolls in his corner and admires tiie appiiea- 
 cability of the sermon to his neighbour in the next pew ; so every little townsman 
 knew precisely the person who merited the inspection of the I'olieo. Don 
 lloberto was sure that the visit was meant for his mortal enemy, Don Giusepjie ; 
 whereas the master of the favourite *' Cantino" was equally sure that it must 
 be for his rival who sold such acid wine, and permitted scenes in his shop enough 
 to awaken the anger of the Saints, He always thought he was a Carbonaro ! 
 
 The Commissary, on Lis arrival, sent for the Syndic. 
 
 " Pray, Signor Syndic," he said, " is there a foreigner residing here, called 
 Don Ferdinand ?" (every one is Don, in Naples.) 
 
 •' Yes !" was the reply. 
 
 ♦' And pra^'. Sir, what is the object of his residence here ?" 
 
 " I understand, Signor Couimissarlo, that ho is in search of health and 
 amusement." 
 
 " Ah ! very good : health and amusement. And what may be his occupations ?' 
 
 " They do say, Sir, that he is engaged much in reading and writinjx." 
 
 " Reading and writing ! Yet in search of health and amusement," said the 
 official, opening his eyes. *' That's a curious combination ; but tell me has Don 
 Ferdinand any intercourse with the inhabitants? does he he ever invito any of 
 them to dinner ?" 
 
 " I must confess," said the Syndic, "that he does." 
 
 " Then it is true, that Don Ferdinand proposes toasts after dinner ?" 
 
 " \Yell," replied the Syndic, as if such an admission would be fraught widi 
 danger ; "I cannot deny it — he does propose toasts." 
 
 " What are they?" asked the great official, sharply. 
 
 " Ilis usual practice is, first, to propose the health of our Sovereign Lord the 
 King, and then the health of his Sovereign Lady the Queen." 
 
 Not without disappointment at having made out nothing serious against Don 
 Ferdinand, our Commissary di?missed the Syndic, merely observing that he had 
 taken note of all his answers, and should draw up his report therefrom, and 
 present it to the Minister of Police. 
 
 After that, the Commissary of Police came twice to my friend's residence, 
 and put a number of searching questions to his porter. Nothing, however, 
 came of these investigations ; first, because there was nothing really alarialng 
 
 \S 
 
132 
 
 constables' guide. 
 
 in tlio fact of a man rciuling nnd writing, ond giving toasts ; and, secondly, and 
 poriiaps more .strongly, because Don Ferdinniid was an ilngllshinan ; for there 
 is a iiriHtigo attaching to tlie very name of an Englishman which attracts to hira 
 the respect of the people and a cautious deferential treatment on the part of the 
 Qovernments. It is felt, that, however distant he may be from hio native hind, 
 he is not beyond its protective power, and that any injustice done to him will 
 bo relented as an injustice done to the nation. It is this conviction which haa 
 been his security in circumstances where I liavc known the subjects of other 
 States arrested, imprisoned, or sent out of the country without receiving the 
 protection of their Governments. 
 
 The Commissary is eminently a night-bird ; sometimes you see him with " mea" 
 sured step and slow," followed by his myrmidons, stealing along under the dark 
 shadows of the houses, like a cat treading ; or, perchance, you arc returning 
 home through the silent streets, carelessly and thoughtlessly, when, at some 
 dark corner you find yourself confronted by this spectre. He listens for and 
 pauses at every foot-fall, waits about iu entries, stops at doors, washes the 
 lights in houses, and, like a true inductive philosopher, from such simp e facts 
 — as seeing two or three lights, more or lesL, or a larger group of beads than 
 usual, infers conspiracies most dreadful and dangerous to the State. Presently 
 a Comniissiary is seen bustling along with his attendants, with a quick nnd eager 
 step. He is not on a mission of inspection — oh, no — that cheerful promptitude 
 indicates that game's a-foot, and that something is to be done. And now he 
 stops before a house and knocks aloud — *• Who is there ?" — demands tome one 
 from within. " Open in the name of the law !" is the reply. vVhat consternation 
 do these words create ; lights are gleaming and people arc hv.rrying backwards 
 and forwards, but the knocking continues and becomep LufJer, and the door is 
 opened, and the unfortunate master of the house is drugged from his bed to 
 be plunged into the dungeons of the Vicaria. His neighbour, luckier than he, 
 had timely notice of the honour intended him by the Commissary; and escap- 
 ing over the roof of his house, was enabled to get on board some friendly vessel. 
 Their crime you ask ? That of hundreds of others who are eating the bread of 
 penury in exile, or pining in loathsome dungeons — they had taken part in the 
 movements which preceded the publication of the "Constitution" (yet an article 
 of that " Constitution" says, that •• a veil of oblivion shall rest upon the past"). 
 They had, in short, assisted in the development of a Constitution which I saw 
 the Majesty of Naples, swear on the Gospels to observe. 
 
 I know no better type than certain noxious insects for myrmidons of the Com- 
 missary—the Police Spies of the South of Italy. Their multitude, their ubiquity, 
 their unwearied perseverance, their sharp sting, make them worse than the wh( ]g 
 insect tribe united, and infinitely more dangerous. You may crush the wasp, 
 or smoke the mosqultto, or brush away the ant, and get some intervals of re- 
 pose in spite of renewed attacks; they give you, too, some warning signs of their 
 approach— but the Police Spy is invisible and never out of hearing; whether you 
 are rela.King in frank and thoughtless merriment or abandoning yourself to the 
 
APl'KNDIX. 
 
 188 
 
 sweet nnd delicious dreams of frlendsliip ; in the market or tlio street — the 
 drawing-room — the cafo— or the church — there he is : "A chiel's amutig yo 
 taking notes, and 'faitli he'll prent it!" They reconnoitre the ground in various 
 detacliments for the Coniaiissary, and report the movL-nient^, words, and ahnost 
 thoughtH, of the '• suspected," or of whomsoever they please to place upon that 
 fatal list. They assume no distinctive dress — make no sign ; they walk in dark- 
 ness, and move like the pestilence, yet they are as real existences, and follow as 
 precise a trade, as the vendor of niaccaroni. These spies are not sent forth at 
 random, like gleaners in a wheat-field, to pick up whatever they can ; hut they 
 are selected with caution, and assigned a position for which their talents or rank 
 best fit them. Thus it happens that every grade of society has its appropriate 
 peculiar sort of spies. Some arc appointed to watch over the upper clusses ; 
 some over the cuna^jUa ; some over the clergy ; all watch each other. Enter a 
 drawing-room, and rustling in satin, and distributing the courtesies and refine_ 
 ments of the galleria (drawing-room), you may behold a Government Spy. 
 Beauty and refinement unite to lament the fate of the poor Marchese Maroni, who 
 was arrested yesterday ; nay, two crystal drops confirm the grief of the sympa- 
 thising syren — "It was so hard a case. There was really nothing that could 
 be proved against his Excellenza. Alas ! who is safe under the existing order 
 of tilings — is there no hope — will there never be any change ?" 13ut beware — 
 fall not into the meshes, though they may be woven of silk; bo silent or indif- 
 ferent ; the very lips which pronounced these commiserations, are those which a 
 few hours ago denounced the subject of them to the Government. You adjourn, 
 at the close of the Opera, to a cafe ; you are accompanied by several friends, 
 and feel disposed to relax over a glass of iced punch —'tis so h^^ t — and from one 
 topic of conversation you range to another, as if you were breathing the air of 
 liberty. But who is that sleek old gentleman opposite, whose keen and cunning 
 eye glances occasionally at you from above this paper ? He has been seated 
 there, I know not how long, spelling rather than reading yesterday's paper ; yet 
 he has a benevoltnt expression of countenance ; perhaps he is infirm, poor fellow, 
 or is looking for an advertisement ; perhaps some article has interested him. 
 Phaugh ! waste not your compassion or your speculation upon him — he is a Spy I 
 he has been taking notes, and woe be to you if you have been betrayed into any 
 thoughtless expression of opinion ; for every word is registered. What corner 
 of the city, or the country, what class of society is free from this pest ! Nor is 
 all this merely imaginary. I paint from the life, and could adduce instances of 
 betrayal in the belle of high society, or in the shopman at the counter, in the 
 caburan who takes your paltry bmnamamia, or the friend you have cherished in 
 your bosom. 
 
 For even private friendship is not held sacred. There was living in Naples, 
 upwards of a year since, a Count Montinona, who appeared to have no particular 
 object in view except the pursuit of pleasure. For many years he lavished his 
 bounty and his friendship on another, who was at length discovered to have 
 made somewhat free with the Count's property ; accusations ensued, and, though 
 
 .£1 
 
 ; 
 
 ,iy 
 
134 
 
 constables' guide. 
 
 ii 
 
 compassion and a certain lingering recollection of the past did not permit the 
 Count to cast the villain entirely off; yet he so far restricted his intimacy as to 
 put it out of his power to rob him — " he was poor, and the temptation had been 
 too great !" But what ensued ? — This man denounced his friend as having con- 
 cealed arras, and as entertaining free and dangerous opinions. Straightway the 
 Count was arrested — his house and papers were examined, though nothing could 
 be found to implicate him or to prove the charge ; yet for many, many months 
 he pined away in prison. I never heard when he was released, or if he is yet at 
 liberty. All that time the informer ranged about at his own sweet will, to entrap 
 as many new jail victims as he could make. 
 
 The effect of the Spy System on the national character is exceedingly demor- 
 alising. There is no country in Europe where the low, secret vices, as opposed 
 to those of a bolder, opener, and more ferocious character, exist so strongly as 
 in the South of Italy. There, the result of that timidity and want of faith in 
 what is good, and just, and true, which has been engendered by intrigue, is 
 pi-actised in its most comprehensive sense. The Secret Police system is one of 
 the very many causes of this. To appreciate this thoroughly, you must regard 
 it as being not merely a political institution, but as having now become national; 
 people have followed the example which has been set them, an ' have all become 
 spies — spies on each other's actions, words, and thoughts. Som times this habit 
 is pursued to the extent only of simple curiosity, watching, in\ <stigating, and 
 reporting the commonest trifles. Sometimes it is a little more n.alignant, and 
 engages, almost as a pastime, in embroiling individuals or families. Sometimes 
 it pushes further, and furnishes denunciations to the Priest, the Bishop, the 
 Intendente, or the Minister. I have seen it under all its phases, and the effect 
 has been to produce a want of faith in all that is high, generous and noble, and 
 to form a low national character. 
 
 It is more ridiculous and annoying than can well be imagined, to get behind 
 the scenes of T'alian life, and listen to the daily gossip : — How such an one " ha 
 fatto uti' ricor " against this or that person. How Don So and So has written 
 certain letters to the Intendente, containing charges against another Don, and 
 has forged two signatures. How So and So has been to the bishop and laid a 
 long list of crimes at the door of some luckless priest. Then watch the tempest 
 of official papers which fly through the air ; some contain inquiries into the truth 
 of the statements, addressed to the judge or the syndic ; some are orders to a 
 dozen unfortunate wights to present themselves at the Intendenza ; while others 
 contain ghostly reproofs from the bishop, or orders to suspend a priest at his 
 reverence's will and pleasure, and rusticate him in some monastery. Every de- 
 nunciation is received and inquired into. 
 
 I remember an instance of two men who kept a whole district in inquietude 
 during one winter. Both had received some private offence, and straightway 
 each shrank into a corner and wove his envenomed meshes ; charges were de. 
 vised and letters written to the Intendente, accusing some score of their friends 
 of Carbonarism or constitutionalism; then came the usual dispatches to the 
 
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 APPENDIX 
 
 135 
 
 judge ami other authorities to inquire into the truth of the statements. The 
 judgo, it happened, was friendly with the unfortunate denounced, and drew up 
 therefore a favourable report, but had he been less honest or less amicable, these 
 poor fellows might have swelled the number of those who now pine in the prisons 
 of the Vicaria. 
 
 Indeed, the influence of the Police Spy System (united with other causes,) has 
 been such as to convert the whole nation into spies upon each other. As sus- 
 picion and want of confidence universally prevail, so there is a deficiency of 
 truthfulness. This cannot be more strongly proved than by the admission of the 
 Italians themselves who, when wishing to conciliate your belief, tell you that they 
 speak ^^la paola Inglese" — on the the word of an Englishman. 
 
 ■I 
 
 THE METROPOLITAN PROTECTIVES. 
 
 Nervous old ladies, dyspeptic half-pay ofiicers, suspicious quidnuncs, plot- 
 dreading diplbmatists, and grudging rate-payers, all having the fear of the 
 forthcoming Industrial Invasion before their eyes, are becoming very anxious 
 respecting the odequate efiiciency of the London Police. Horrible rumors are 
 finding their way into most of the clubs : reports are permeating into the tea- 
 parties of suburban dowagers which darkly shadow forth dire mischief and con- 
 fusion, the most insignificant result whereof is to be (of course) the overthrow 
 of the British Constitution. Conspiracies of a comprehensive character are 
 being hatched in certain back parlors, in certain back streets behind Mr. Can- 
 telo's Chicken Establishment in Leicester Square. A complicated web of ma- 
 chination is being spun — we have it on the authority of a noble peer — ngainst 
 the integrity of the Austrian Empire, at a small coflFee-shop in Soho. Prussia is 
 beinrf menaced by twenty-four determined Poles and Honveds in the attics of a 
 cheap restaurateur in the Haymarket. Lots are being cast for the assassination of 
 Louis Napoleon, in the inner parlours of various cigar shops. America, as we 
 learn from that mighty lever of the civilised world, the " New York Weekly 
 Herald" — at whose nod, it is well known, kings tremble on their thrones, and 
 the earth shakes — is of opinion that the time ^ids fair for a descent of Red Re- 
 publicans on Manchester. The English policemen have been tampered with, 
 and are suborned. Th^ great Mr. Justice Maule can't find one anywhere. In 
 short, the peace of the entire continent of Europe may be considered as already 
 gone. Whtn the various conspiracies now on foot are ripe, the armies of the 
 disa^ected of all nations which are to land at the various British ports under 
 pretence of " assisting" at the Great Glass show, are to be privately and confi- 
 dentially drilled in secret Champa de Mars, and armed with weapons, stealthily 
 abstracted from the Tower of London : while the Metropolitan Police and the 
 Guards, both horse and foot, will fraternise, and (to a man) pretend to be fast 
 asleep. 
 
 Neither have our prudent prophets omitted to foretel minor disasters. Gangs 
 of burglars from the counties of Surrey, Sussex, and Lancashire, are also to 
 
 " f 
 
 ;.,'i 
 
136 
 
 constables' guide. 
 
 ! 
 
 
 I 'A 
 
 B 
 
 fraternise in London, and to "rifle, rob, and plunder." as unintcrrupedly as if 
 every man's liouse were a mere Castle of Andalusia. Pickpockets— not in single 
 spies but in •whole battalions — are to arrive from Paris and Vienna, and are to 
 fall into compact organization (through the medium of interpreterfs) with the 
 united swell-mobs of London, Liverpool, and Manchester! 
 
 In short, it would appear that no words can express our fearful condition, so 
 well, as Mr. Croaker's in " The Good Natured Man." "I am so frightened,'' 
 says he, "that I scarce know whether I sit, stand, or go. P<.'ihaps at this 
 moment I am treading on lighted matches, blazing brimstone, ainJ barrels of 
 gunpowder. They ave preparing to blow me up into the cloud.-'. Murder! 
 We shall be all burnt in our beds !" 
 
 Now, to the end that the prophets and their disciples may rest quietly in 
 their beds, we have benevolently abandoned our own bed for some three nights 
 or so, in order to report the results of personal iiiquiry into the condition and 
 system of the Protective Police of the Metropolis: — the Detective Police has 
 been already described in tlie first volume of "Household Words." If, after our 
 details of the patience, promptitude, order, vigilance, zeal, and judgment, Avhich 
 watch over the peace of the huge Babylon when she sleeps, the fears of the 
 most apprehensive be not dispelled, we shall have quitted our pillow, and plied 
 our pen in vain ! But we have no such distrust. 
 
 Although the Metropolitan Police Force consists of nineteen superintendents, 
 one hundred and twenty-four inspectors, five hundred and eighty-five Serjeants, 
 and four thousand seven hundred and ninety-seven constables, doing duty at 
 twenty-five stations; yet, so uniform is the order of proceeding in all, and so 
 fairly can the description of what is done at one station be taken as a specimen 
 of what is done at the others, that without farther preface, Ave shall take the 
 reader into custody, and convey him at once to the Police Station, in Bow 
 Street, Covent Garden. 
 
 A policeman keeping watch and ward at the wicket gives us admission, and 
 we proceed down a long passage into au outer room, where thcx'e is a barrack 
 bedstead, on which we observe Police-constable Clark, newly relieved, asleep, 
 and snoring most portentously — a little exhausted, perhaps, by nine hours' con- 
 stant walking on his beat. In the right-hand corner of this room — which is a 
 bare room like a guard-house without the drums and muskets — is a dock, or 
 apace railed oflf for prisoners : opposite, a window breast high at which an In- 
 spector always presides day and night to hear charges. Passing by a corner- 
 door into his office on the other side of this window, we find it much like any 
 other office — inky, dull, and quiet — papers stuck against the walls — perfect 
 library of old charges on shelves overhead — stools and desks — a hall-porter'a 
 chair, little used— gaslights — fire — sober clock. At one desk stands a police- 
 man, duly coated and caped, looking stiffly over his glazed stock at a handbill 
 he is copying. Two Inspectors sit near, working away at a great rate with noisy 
 pens that sound like little rattles. 
 The clock points a quarter before nine. One of the Inspectors takes under his 
 
'ra 
 
 ArrENDix. 
 
 137 
 
 '3 
 
 arm a slute, the night's muster roll, and an orderly book. He proceeds to the 
 Yard. The gisjot, shining from tlie offise through its window, and a couple of 
 street lamps indistinctly light the place. 
 
 On the iiipcarance of the inspecting olTicor in tlic yard, and at the sound of 
 the word "Attention!" about seventy white faces, peering out above half-a- 
 dozen parnllcl lines of dark figures, fall into military ranks in " open order." 
 A man from each section — a Serjeant — comes forward to form the staff of the 
 commanding officer. The roll is called over, and cert'iin men arc told off as a 
 lleserve to rem lin at the station for any exigencies that may arise. The book 
 is then opened, and the Inspector reads aloud a series of warnings. P. C. John 
 Jones, J. No. 202, was discovered drunk on duty on such a day, and dismi-ssed 
 the force. Serjeant Jenkins did not report that a robbery had been complained 
 of in sueli a street, and is suspended for a month. Tlie whole division are then 
 enlightened as to the names, addresses, ages, and heights, of all persons who 
 have been " missing" from a radius of fifteen miles from Charing Cross (the 
 police definition of the Metropolis) since the- previous night; as to the colours of 
 their hair, eyes, and clothes ; as to the cut of thoir coats, the fashion and ma- 
 terial of their gowns, the shape of their hats or bonnets, the make of their boots. 
 So minute and definite are all these personal descriptions, that a P. C. (the 
 official ellipsis for Police Constable) must bo very sleepy, or unsually dull of 
 observation, if in the event of his meeting with any of these missing individuals, 
 he does not put them in train of restoration to their anxious friends. Lost arti- 
 cles of property are then enumerated and described with equal exactness. When 
 we reflect that the same routine is being performed at the same moment at the 
 head of every police regiment or division in the Metropolis, it seems extraordi- 
 nary how anything or person can bo lost in London. Among the trifles enumer- 
 ated as "found" are a horse and cart, a small dog, a brooch, a baby, and a 
 firkin of butter. 
 
 Emotion is no part of a policeman's duty. If felt, it must be suppressed ; he 
 listens as stolidly to the following account of the baby, as to the history of the 
 horse and cart, the little dog, the brooch, and the butter. 
 
 S DIVISION. Found, at Eight and a quarter p.m., on the 2nd instant, by 
 , [a gentleman named], of liayham Street, Camden Town, on the step of 
 his door, the body of a new-born infant, tied up in a Holland Bag. Had on a 
 Calico Bed-gown and Muslin Cap, trimmed with Satin Ribbon. Also a note, 
 stating, " Any one who finds this precious burden, pay him the last duties 
 which a Mother — much in distress and trouble of mind — is unable to do. May 
 the blessing of God bo on you !" 
 
 The book is closed. The mother "much in distress and trouble of mind" is 
 shut up with it ; and the Inspector proceeds to make his inspection. He marches 
 past each rank. The men, one by one, produce their kit ; consisting of lantern, 
 rattle, and staff. He sees that each man is clean and properly provided for the 
 duties of the night. Returning to his former station amidst the Serjeants, he 
 gives the word " Close up !" 
 
 The men now form a compact body, and the Serjeants take their stand at the 
 9 
 
 .1 
 
138 
 
 constables' guide. 
 
 i 
 
 ! 
 
 i 
 
 head of their respective ranks. But, before this efficient body of troops deploy 
 to their various beats, they are addressed by the superior officer much as a 
 colonel harangues his regiment before going into action. The inspector's 
 speech — sharp, and pithily delivered — is something to this effect: 
 
 "Now, men, I must again beg of you to be very careful in your examination 
 of empty houses. See that the doors are fast ; .and if not, search for any persons 
 unlawfully concealed therein. Number nineteen section will allow no destitute 
 parties to herd together under the Adelphi arches. Section number twenty-four 
 will be very particular in insisting on all gentlemen's carriages [it is an opera 
 night] keeping the rank, close to the kerb stone, and in cautioning the coach- 
 men not to leave their horses. Be sure and look sharp after flower-girls. Of- 
 fering flowers for sale is a pretence. The girls are either beggars or thieves ; 
 but you must exercise great caution. You must not interfere with them unless 
 you actually hear them asking charity, or see them trying pockets, or engaged 
 in actual theft. The chief thing, however, is the empty houses ; get from them 
 into the adjoining premises, and then there's a burglary. — 'Tention, to the left 
 face, march !" 
 
 The sections march off" in Indian file, and the Inspector returns to his office by 
 one door, vyhile the half-dozen "Reserves" go into the outer-room by another. 
 The former, now buttons on his great coat ; and, af*:er supper, will visit every 
 beat in the division, to see that the men are at their duti s. The other Inspector 
 remains to take the charges. 
 
 A small man, who gives his name, Mr. Spills, (or for whom that name will do 
 in this place as well as another), presents himself at the half-open window to 
 complain of a gentleman now present, who is stricken in years, bald, well dressed, 
 staid in countenance, respectable iii appearance, and exceedingly drunk. He 
 gazes at his accuser from behind the dock, with lack-lustre penitence, as that 
 gentleman elaborates his grievance to the patient Inspector; who, out of a tangle 
 of digressions and inuendoes dashed with sparkling scraps of club-room oratory, 
 extracts — not without difficulty — the substance of the complaint, and reduces it 
 to a charge of " drunk and disorderly." The culprit, it seems, not half an hour 
 ago — purely by accident— found his way into Craven Street, Strand. Though 
 there are upwards of forty doors in Craven Street, he would kick, and thump, 
 and batter the complainant's door. No other door would do. The complainant 
 don't know why ; the delinquent don't know why ; nobody knows why. No en- 
 treaty, no expostulation, no threat, could induce him to transfer his favors to 
 any other door in the neighbourhood. He was a perfect stranger to Mr. Spills ; 
 yet, when Mr. Spills presented himself at the gate of his castle in answer to the 
 thundering summons, the prisoner insisted on finishing the evening at the do- 
 mestic supper-table of the Spills family. Finally, the prisoner emphasised his 
 claim on Mr. Spills's hospitality by striking Mr. Spills on the mouth. This led 
 to his being immediately handed over to the custody of a P. C. 
 
 The defendant answers the usual questions as to name and condition, with 
 a drowsy indifference peculiar to the muddled. But, when the Inspector asks 
 
T 
 
 APPENDIX. 
 
 139 
 
 his age, a faint ray of his spirit shines through him. What is that to the police? 
 Have tUey anything to do with the census ? They may lock him up, fine him , 
 put him in jail, work him on the tread-mill, if they like. All this is in their 
 power; he knows the law well onongh, Sir; but they can't make him tell his 
 age — and he won't — won't do it, Sir! — At length, after having been mildly 
 pressed, and cross-examined, and coaxed, ho passes his fingers through the few 
 grey hairs that fringe his bald head, and suddenly^roars : 
 
 "Well then :— Five-and-twenty." 
 
 All the policemen laugh. The prisoner — but now triumphant in his retort — 
 checks himself, endeavours to stand erect, and surveys them with defiance. 
 
 " Have yoi anything about you, you would like us to take care of?" Thisi 
 the usual apology for searching a drunken prisoner : searches cannot be enforced 
 except in cases of felony. 
 
 Before the prisoner can answei', one of the Reserves eases him of his property] 
 Had his adventures been produced in print, they could scarcely have been better 
 described than by the following articles : — a pen-knife, an empty sandwich-box, 
 a bunch of keys, a bird's eye handkerchief, a sovereign, fivepence in half-pence, 
 a tootli-pick, and a pocket-book. From his neck is drawn a watch-guard, cut 
 through, — no watch. 
 
 When he is sober, ho will be questioned as to his loss ; a description of the 
 watch, with its maker's name and nilmber will bo extracted from him ; it will 
 be sent round to every station, and, by this time to-morrow night, every pawn- 
 broker in the Metropolis will be asked whether such a watch has been offered 
 as a pledge ? Most probably it will be recovered and restored before he has 
 time to get tipsy again — and when he has, he will probably lose it again. 
 
 " When shall I have to appear before the magistrate ?" asks the prosecutor. 
 
 '* At ten o'clock to-morrow morning," — and so ends that case. 
 
 There is no peace for the Inspector. Turing the twenty-four hours he is on 
 duty, his window is constantly framing some new picture. For some minutes, 
 a brown face with bright black eyes has been peering impatiently from under a 
 quantity of tangled black hair and a straw hat behind Mr. Spills. It now ad- 
 vances to the window. 
 
 " Have you got e'er a gipsy woman here, sir?" 
 
 "No gipsy woman to-night." 
 
 " Thank'ee, sir :" and the querist retires to repeat this new reading of " Shep- 
 herds, I have lost my love," at every other station-house, till he finds her — and 
 bails her. 
 
 :Most of the constables who have been relieved from duty by the nine o'clock 
 
 men have now dropped in, and are detailing any thing worthy of a report to 
 
 their respective Serjeants. The Serjeants enter these occurrences on a printed 
 
 form. Only one is presented, now : — 
 
 "P. C. G7 reports that, at 5 J p.m., a boy, named Phillip Isaac was knocked 
 down, in Bow Street, by a horse belonging to Mr. Parks, a newsvender. Ho 
 was taken to Charing-Hospital, and sent home, slightly bruised." 
 
 ii 
 
 
 I. ii? 
 
 t:| 
 
 ^, 
 
140 
 
 CONSTABLES' GUIDE. 
 
 Tho Inspector Las not time to file this document before an earnest-looking man 
 comes to the -window. Something Las happened which evidently causes him 
 more pain than resentment. 
 
 »'Iam Riraid we have been robbed. My name is Parker, of the firm of 
 Parker and Tide, Upholsterers. This afternoon at three o'clock, our clerk handed 
 to a young man who is our collector, (he is only nineteen), about ninety-six 
 pounds to tabe to the bank. He ought to have been back in about fifteen 
 minutes ; but he hadn't cccie k at six o'clock. I went to tho bank to see if 
 the cash had been paid ii, . 'id not." 
 
 •' Be good enough to dc ., .^w .. per&on and dress, sir," snys the Inspector, 
 taking out a printed form called "a Route." 
 
 These are minutely detuiled, tr.d r( corded. *» lias he any friends or relatives 
 in London ?" 
 
 The applicant replies by describing the resulcnce and condition of tho youth's 
 father and uncle. The Inspector orders "Ninety-two (one of the Reserves) to 
 go with the gentleman, "and see what he can make of it." The misguided de- 
 linquent's chance of escape will be lessened every minute. Not only will his 
 usual haunts be visited in the course of the night by Ninety-two ; but his de- 
 scription will be known, before morning, by eeery police officer on duty. This 
 Route, — which is now being copied by a Reserve into a book — will be passed 
 on, presently to the next station. There it will again be copied ; passed on to 
 the next; copied; forwarded — and so on until it shall have made the circuit of 
 all the Metropolitan stations. In the morning, that description will be read to 
 the men going on duty. " Long nt .k, light hair, brown clothes, low crowned 
 hat," ind so on. 
 
 A member of the E division throws a paper on the window-sill, touches his 
 hat, exclaims, "Route, sir!" and departs. 
 
 The Routes are coming in all night long. A lady has lost her purse in an 
 omnibus. Here is a description of the supposed thief — a woman who sat next 
 to the lady — and. here are the dates and numbers of the bank notes, inscribed on 
 the paper with exactness. On the back, is an entry of the hour at which the 
 paper was received at, and sent away from, every station to which it has yet 
 been. A reserve is called in to book the memorandum ; and in a quarter of an 
 hour he is oflFwith it to the station next on the Route. Not only are these notices 
 read to the men at each relief, but the most important of them are inserted in 
 the " Police Gazette," the especial literary organ of the Force, which is edited 
 by one of its members. 
 
 A well dressed youth about eighteen years of age, now leans over the window 
 to bring himself as near to the Inspector as possible. Ho whispers in a broad 
 Scotch accent : 
 
 " I am destitute. I came up from Scotland to find one Saunders M'Alpine, and I 
 canH find him, and I have spent all ray money. I have not a farthing left. I 
 want a night's lodging." 
 
 "Reserve !" The Inspector wastes no woi-ds in a case like this. 
 
 "Sir." "'»■ 
 
 v/. 
 
 ^ 
 
APPENDIX. 
 
 141 
 
 man 
 bim 
 
 •m of 
 tn(lc(l 
 y-six 
 Iteen 
 see if 
 
 Dctor, 
 
 itives 
 
 *' (jro over to the relieving oificcr and ask him to give this joung man a night 
 in tlie cnsual ward." 
 
 Tlie policeman and the half-shamed supplicant go out together. 
 
 '• That is a genuine tale," remarks the Inspector. 
 
 "Evidently a fortune-seeking young Scotchman," we venture to conjecture, 
 *' who has come to London upon too slight an invitation, and with too slender a 
 purse. Ho has an honest face, and won't know want long. lie may die Lord 
 Mayor." 
 
 The Inspector ir. not sanguine in such cases. " He may" he says. 
 
 There is a great commotion in the outer ofiico. Looking through the window, 
 we see a stout bustling woman, who announces herself as a complainant, three 
 female witnesses, and two policemen. This solemn procession move towards 
 the window ; yet we look in viiin for a prisoner. The prisoner is in truth in- 
 visible on the floor of the dock, so one of his guards is ordered to mount him on 
 a bench. He is a handsome, dirty, curly-headed boy about the age of seven, 
 though he says he is nine. The prosecutrix makes her charge. 
 
 " Lapt Sunday, sir, (if you please, sir, I keep a cigar and stationer's shop,) 
 this here little creetur breaks one of my windows, and the moment after, I loses 
 a box of paints — " 
 
 " Value ?" asks the Inspector, already entering the charge, after one sharp 
 look at the child. 
 
 " Value, sir ? Well, I'll say eight-pence. Well, sir, to-night again, just 
 before phutting up, I hears another pane go smash, I looks, out and I sees this 
 same little creetur a running away. I runs after him, and hands him over to 
 the police." 
 
 The child does not exhibit the smallest sign of fear or sorrow. He does not 
 even whimper. He tells his name and address, when asked them, in a straight- 
 forward business-like manner, as if he were quite used to the whole proceeding. 
 He is locked up ; and the prosecutrix is desired to appear before the Magibtrate 
 in the morning to substantiate her charge. 
 " A child so young, a professional thief!" 
 
 Ah ! These are the most distressing cases we have to deal with. The num- 
 ber of children brought here, either as prisoners, or as having been lo't, is from 
 five to six thousand per annum. Juvenile crime and its forerunner — the neglect 
 of children by their parents — is still on the increase. That's the experience of 
 the whole Force." 
 
 " If some places Avere provided at which neglected children could be made to 
 pass their time, instead of in the market and streets — say in industrial schools 
 provided by the nation — juvenile delinquency would very much decrease?" 
 
 " I believe, sir, (and I speak the sentiments of many experienced ofhcers in 
 the Force,) that it would be much lessened, and that the expense of such estab- 
 lishments would be saved in a very short time out of the police and county rates. 
 Let alone morality altogether." 
 
 And the Inspector resumes his writing. For a little while we are left to 
 think, to the ticking of the clock. 
 
 H 
 
142 
 
 constables' GTILE. 
 
 I 
 
 TliPic nvc six hundred and fifty-tix gentlemen in tlio English House of Com- 
 mons assembling in London. There is not one of those gentlemen who niny not 
 in one week, if he chooses, acquire as dismal a knowledge of the Ilell upon larth 
 in which ho lives, in regard to these children, as this Inspector has — as v. c have 
 — as no man can by posssibility shut out, who will walk this tovm with open 
 eyes observant of what is crying to God in the streets. If we were one of those 
 six hundred and fifty-six, and had the courage to declare that Aveknow the dny vnist 
 come when these children must be taken, by the strong hand, out of our sliauic- 
 ful public ways, and must be rescued — when the State must (no will, or will nut 
 in the case, but must) take up neglected and ignorant children wheresoever they 
 are found, severely punishing the parents when they can be found, too, and 
 forcing them, if they have have any means of existence, to contribute sonutliing 
 towards the reclamation of their offspring, but never again entrusting them with 
 the duties they have abandoned ; — if we were to say this, and were to add that as 
 the day must come, it cannot come too soon, and had best come now — Kcd 
 Tape would aris • against us in ten thousand shapes of virtuous opposition, and 
 cocks would crow, and donkeys would bray, and owls would hoot, and strangeis 
 would be espied, and houses would be counted out, and we should be satisfacto- 
 rily put down. Meanwhile, in Aberdeen, the horror has risen to that height, 
 that against the law, the authorities have by force swept their streets clear of 
 these unchristian objects, and have, to the utmost extent of their illegal power, 
 successfully done this very tiling. Do none of the six hundred and fifty-six 
 know of it — do none of them look into it — do none of them lay down their news- 
 papers when thcj' read of a biby sentenced for the third, fourth, fifth, sixth, 
 seventh time to imprisonment and whipping, and ask themselves the question, 
 " Is there any earthly thing this child eaii do when this new sentence is fulfilled, 
 but steal again, and be again imprisoned and again flogged, until a precocious 
 human devil, it is shipped away to corrupt a new world?" Do none of the six 
 hundred and fifty-six, care to Avalk from Charing Cross to Vrhite-chapel — to look 
 into Wentworth Street — to stray into the lanes of Westminster — to go into a 
 prison almost within the shadow of their own Victoria Tower — to see with 
 their eyes and hear with their ears, what such childhood is, and what escape 
 it has from being what it is? Well! Red Tape is easier, and tells far nu re in 
 blue books, and will give you a committee five years long if you like, to en- 
 quire whether the wind ever blows, or the rain ever falls — and then you can talk 
 about it, and do nothing. 
 
 Our meditations are suddenly interrupted. 
 
 " Here's a pretty business !" cries a pale man in a breathless liurry, at the 
 window. "Somebody has been tampering with my door-lock!" 
 
 "IIow do you mean, sir?" 
 
 "Why, I live round the corner, and I had been to the play, and I left my 
 door on the lock (it is a Chubb!) ai^d I come back and the lock won't act. Tf 
 has been tampered with. There either are, or have been, thieves in the place . ' 
 
 •'Reserve!" 
 
 «*Sir!" 
 
 '! t. 
 
APPENDIX. 
 
 143 
 
 " Take another mau with you, and a couple of ladders, and sec to this gentle- 
 man's house." 
 
 A Siillo'iV anxious little man rushes in. 
 
 »»0! jou haven't seen anything of huch a thing as a black and tan spaniel, 
 have you ?" 
 
 " Is it a spaniel dog we have got in the yard ?" the Inspector inquires of the 
 jailer. 
 
 " Xo, sir, it's a brown tarrier!" 
 
 " ! It can't be my dog then. A brown tarrier ? I Good night, gentlemen 1 
 Thank you." 
 
 "Good nij^ht sir." 
 
 The Hest'vvo just now dispatched with the other man and the two ladders, re- 
 turns, grulT- voiced and a little disgusted. 
 
 " Well ? what's up round the corner?" 
 
 " Nothing the matter with the lock, sir. I opened it with the key directly !"' 
 
 ■\Ve fall into a doze before the fire. Only one little rattle of n pen is springing 
 now, for flie other Inspector has put on his great cout and gone out, to make 
 the round of his beat and look after his men. V/e become aware in our sleep 
 of a scufiling on the pavement oatside. It approaches, and becomes noisy and 
 hollow on the boarded floor within. AVe again repair to the window. 
 
 A very ill-looking woman in the dock. A very stupid little gentleman, very 
 much overcome Avith liquor, and with his head extremely towzled, endeavouring 
 to make out the meaning of the two immoveable Policemen, and indistinctly 
 mutterin^i; a desire to know "war it's awr abow." 
 
 •• Wtll ?" s.-.ys the Inspector, possessed of the case in a look. 
 
 " I was on duty, sir, in Lincoln's Inn Fields just now," says one of the 
 rolicemcn, " when I see this gent" — 
 
 Here " this gent," with an air of great dignity, again observes, " Mirror In- 
 sperrer, I roqueshcr know war it's awr adow." 
 
 " \Yo '11 hear you presently, sir. Go on." 
 
 — " AVhen I see this gent, in conversation again the railings with this woman. 
 I requested him to move on, and observed his watch-guard hanging loose out of 
 his pocket. 'You've lost your watch,' I said. Then I turned to her. 'And 
 you 've got it,' I said. ' I an't,' she said. Then she said, turning to him, ' You 
 know you've been in company with many others to-night — flower-girls, and a 
 lot more.' ' I shall take ;/o?i,' I said, 'anyhow.' Then I turned my lantern on 
 her, and saw this silver watch, with the glass broke, lying behind her on the 
 stones. Then I took her into custody, and the other constable brought the gent 
 along." 
 
 ".Tailer!" says the Inspector. 
 "Sir!" 
 
 " Keep your eye on her. Take care she don't make away with anything — and 
 , send for Mrs. Green." 
 
 The accused sits in a corner of the dock, quite composed, with her arms under 
 
 ^1 
 
 »l 
 
144 
 
 CONSTABLES GUIDK. 
 
 her ilirtj'f^lmwl, nnJ snys Jiotliing. The luspi-'ctor fcUlu a c]l(;l•rJ;o•;^lJcet, anJ dips 
 his pen in the ink. 
 
 " Now, sir, j'ouv name, if you please?" 
 
 "IJiv— a." 
 
 " That can't be your npvnc, ^^ir. What nnnie does he siy, Cons^tftble?" 
 
 The second Constiibic "periouyiy inclines hi.s cnr," the gont being a short 
 man, and the second constable a tall one. *' I!e suy3 his name's l>at, fci^;" 
 (getting at it r.ltcr a good deal of trouble.) 
 
 " Where do you live," Mr. Cat?" 
 
 "Lamber." 
 
 " And what arc you — what business are you, Mr. 15at?" 
 
 "Fcshcr," Bays Mr. Bat, again collecting dignity. 
 
 " I'rofegsion, is it ? Very good, !:;ir. What's your profes.sion ?" 
 
 «'Solirrcr," returi.< Mr. Cat. 
 
 " Solicitor, of Lambeth. Have you lost anything besides your watch, sir?" 
 
 " I am not aware — lost — any — arrickle — prorrery," says Mr. T.at. 
 
 The Inspector has been looking at the watch. 
 
 " What do you value this •watch at, sir ?" 
 
 "Ten pound," says ]Mr. Kat, with unexpected promptitude. 
 
 «' Hardly worth so much as that, I should think?" 
 
 "Five pound five," says Mr. Eat. " I doro how much; I'm not par-xiCK- 
 ler" — this word costs Mr. Kat a tremendous effort — "abow the war ; it's not my 
 war ; it's a frez of my." 
 
 '• If it belongs to a friend of yours, you Avouldn't like to lose it, I suppose ?" 
 
 " I doro," says Mr. Kat, " I'm nor any ways par-TiCK-Ier abow the war ; it's 
 a frez of mj';" which he aftervv'ards repeats at intervals, score? of time- — always 
 as an entirely novel idea. 
 
 In.<?pector writes ; brings charge-sheet to window; reads s-anio to !Mr. Kat. 
 
 "You charge this woman, nir,"— her name, age and addres-s have been previ- 
 ously taken — "with robbing you of your watch. I won't trouble you to sign the 
 sheet, as you are not in good writing order. You'll have to be liere this mor- 
 ning — it's now two — at a quarter before ten." 
 
 " Never get up till har par," says Mr. Bat, with decision. 
 
 "You'll have to be here this morning," repeats the Lu'pector, ] lacidly, "at 
 a quarter before ten. If you don't come, wo shall have to send for you, and 
 that might be unpleasant. Stay a bit. Now, look here; I have writton it ilown : 
 ' Mr. Bat to be in Cow Street quarter before ten.' Or I'll even fay, to make it 
 easier to you, a quarter past. There! ' Quarter past ten.' Now, let me fold 
 this up and put it in your pocket ; and when your hnidla'l^-, or whoever it is at 
 home, finds it there, she'll take care to call you." 
 
 All of which is elaborately done for Mr. Cat. A constable — who has skilfully 
 taken a writ out of the unconscious Mr. Cat's pocket in the meantime, and has 
 discovered from the indoisement that he has given his name and ::ddivss cor- 
 rectly — receives instructions to put Mr. Bat into a cab and send him home. 
 
APPENDIX 
 
 145 
 
 "And, constable," snys the Inspector to tho first man, musing ovtr the watch 
 as ho speaks, "do you go back to hicoln's Inn Fields, and look about, and 
 you'll find, somewhere, tho little silver pin belonging to the handle. She has 
 done it in the usual way, and twisted the pin right out," 
 
 "What mawrcr is it?" says Mr. But, staggering back again, *'T' morrow- 
 mo wrer?" 
 
 " Not to-morrow morning ; this morning." 
 
 " This mawrer ?" says Mr. Bat. " How can it be this raawrcr ? War is this 
 aur abow?" 
 
 As there is no present probability of his discovering "what it is all about,' 
 he is conveyed to his cab ; r. id a very indignant matron, with a very livid face, 
 a trembling lip, and a violently heaving breast, presents herself. 
 
 "Which I wishes to complain immediate of Plecseman forty-two ar>d fifty- 
 three, and insistes on the charge being took ; and that I will substantiate l efore 
 tho magistrates to-morrow morning, and what is more will prove and »vhich is 
 saying a great deal sir." 
 
 " You needn't bo in a passion, you know, here, ma'am ; everything will be 
 done correct." 
 
 " Which I am not in a passion sir and everything shalt be done correct, if you 
 please !" drawing herself up with a look designed to freeze the whole division. 
 " I make a charge immediate (very rapidly) against pleesemen forty-two and 
 fifty-three, and insistes on the charge being took." 
 
 " I can't take it till I know what it is," returns the patient Inspector, leaning 
 on the window-sill, and making no hopeless effort, as yet, to write it down. 
 " ilow was it, ma'am ?" 
 
 "This is how it wore, sir. I were standing at the door of my own 'ouso." 
 
 " Where is your house, ma'am?" 
 
 ^* Where is my 'ouse, sir?" with the freezing look. 
 
 "Yes, ma'am. Is it in the Strand, for instance?" 
 
 " No, sir," witii indignant triumph, " it is not in the Strand !" 
 
 " Where then, ma'am ?" 
 
 " Where then, sir ?" with severe sarcasm, " I ^ope it is in Doovy Lane." 
 
 " In Drury Lane. And what is your name, ma'am?" 
 
 " Ml) name, sir?" with inconceivable scorn, "my name is Megby." 
 
 "Mrs. Megby?" 
 
 " Sir, I 'ojte so !" with the previous sarcasm. Then, very rapidly, " I keep 
 a cofiFee-house, as I will substantiate to-morrow morning, and what is more will 
 prove, and that is saying a great deal." Then, still more rapidly, "I wish to 
 make a charge immediate against pleesemen forty-two and fifty-three !" 
 
 " Well, ma'am, be so good as make it." 
 
 " I were standing in my door," falling of a sudden into a genteel and impres- 
 sive slowness, " in conversation with a friend, a gentleman from the country, 
 which his name is Hcnery Lupvitch, £'«-quire — " 
 
 " Is he here, ma'am ?" 
 
 N 
 
 «l 
 
146 
 
 CONSTABLES GUIDE. 
 
 " No, sir," witli surjiasaing scorn, " he is not here!" 
 
 "Well, inii'am?" 
 
 " With Hcncry Lupvitch, /i's-quirc, and which I had just been hiHSiiing direc- 
 tions to two of my servants, when hero come between us a couple of female 
 persons, which I know to bo tiio commonest dirt, and pushed against me." 
 
 " Both of them piinhcd against you." 
 
 "No, sir," with scorn and triumph, " tl-y lid not! One of 'cm pu:jhed 
 against me — " A dead stoppage, expressive of implacable gentility. 
 
 " Well, ma'am — did you sfiy anything thcMi." 
 
 " I ask your parding. Did I which, sir '.'"' as compelling herself to fortitude 
 under great provocation. 
 
 " Did you say anything ?" 
 
 " I 'ope I did. I says, ' how dare you do that, ma'am ?' " 
 
 Stoppage again, expressive of a SLvero desire that those words be instantly 
 taken down, 
 
 " You said, ' ho* dare you do that ?' " 
 
 " ' Noboily,' continuing to quote with a lufty and abstracted effort of memory, 
 ' never interfered with you.' She replies, * That's nothink to you ma'am ; never 
 you mind.' " 
 
 Another pause, expressive of the same desire as before. Much incensed at 
 nothing resulting. 
 
 " She then terns back between me and ITenery Lupvitch, JiVquiro, and com- 
 mits an assault upon me, which I am not a acquisition and will not endoor or 
 what is more submit to," 
 
 What Mrs. Megby means by the particular expression that she is not an 
 acquisition, does not appear ; but she turns more livid, and not only her lip but 
 her whole frame trembles as she solemnly repeats, "I am not a acquisition." 
 
 " Well, ma'am ; then forty-two and forty-three and fifty-three came up — " 
 
 " No, they did 7iot, sir ; notliing of the sort ! — I called 'em up." 
 
 "And you said?" 
 
 "Sir?" with tremendous calmness. 
 
 " You said ?"— 
 
 "/ jnade (he obsencation," with strong emphasis and exactness, "I give this 
 person in charge for assaulting of me. Forty -two says, ' 0, ye're not hurt; 
 don't make a disturbance here.' Fifty-three likewise declines to take the charge. 
 AVhich," with greater rapidity than ever, "is the two pleesemen I am here to 
 appear against ; and will be here at nine to-morrow morning, or at height if 
 needful, or at seven — hany hour — and as a 'ouse'older demanding the present 
 charge to be reg'larly hentered against pleesemen respectually numbered forty- 
 two and fifty-three, which shall be substantiated by day or night or morning — 
 which is more — for I am not a acquisition, and what those pleesemen done sir 
 the shall answer !" 
 
 The Inspector — whose patience is not in the least aflFccted — being bow pos- 
 sessed of the charge, reduces it to a formal accusation against two P. C's., for 
 
APPENDIX. 
 
 It: 
 
 Ic- 
 
 llc 
 
 Cll 
 
 neglect of ilnty, and gravely rccoiils it in Mrs. Mcgbj's own worils, \\\t\i such 
 fijelity tliat, at tlio end of every sentence, ■\v1km it is rend over, ^Irs. Mepby, 
 conipfirativcly Hoftcned, rejieat?, " Yes, .sir, wliicli it is correct I" mid afterwards 
 sign'J, as if her name was ndt lialf long enougli *".; lier great ri'vcngc. 
 
 On tlio removal of Mrs. Mcgby's pcr^ion, Mr. liiit, to our ^rcat uniazemcnt, it) 
 revealed behind her. 
 
 " I f-'ay ! is it t'morrow niawror ?" a;dvS Air, Tat, in confidence. 
 
 " lie has got out of the cab," says llie Insjiootor, v.-hom notliino; siirpri.-es, 
 "and will be brought in, in custody, presently I No; this morning. Why dau't 
 you go homo ?" 
 
 *' Thk mawrcr !" says Mr. Bat, profoundly rellecting. " IIow car it bo ffii-t 
 mawrer? It must be ycsscrdny mawrcr." 
 
 " You ha'l better make the best of your way homo, sir," .'■..ys the Inspector. 
 
 " No od'enco is interrer," says Mr. l>at. " I happened to bo passing — this 
 dirrection — when — saw door open — kaymin. It's a frez of my — I am nor — " ho 
 is quite unequal to the word "particular" now, ko concludes with "you know 
 ■war I me I — I am aw ri ! I shall be hero in the ir.iwrcr !" and stumbles out 
 again. 
 
 The watch-stealer, who has been removed, is now brought back. Mrs. Green 
 (the searcher) reports to have found upon her some halfpence, two pawnbroker's 
 duplicates, and a comb. All produced. 
 
 " Very good. You can lock her up now, jailer. V/hat does she say ?" 
 
 "She says can she have her comb, sir?" 
 
 " Oh yes , she can have her comb ; take it." And away she goes to the cells, 
 a dirty, unwholesome object, designing, no doubt, to comb herself out i'or the 
 magisterial presence in the morning. 
 
 "0! please sir, you have got two French ladies here, in brown shot silk? 
 says a woman with a basket. (We have changed the scene to the Vine-street 
 Station House, but its general arrangement is just the same.) 
 
 " Yes." 
 
 "Will you send 'em in this fowl and bread for supper, please ?" 
 
 " They shall have it ; hand it in." 
 
 " Thank'ee, sir ; good night, sir !" 
 
 The Inspector has eyed the woman, and now eyes the fowl. He turns it up, 
 ofens it neatly with his knife, lakes out a little bottle of brandy, artfully con- 
 cealed within it, puts the brandy on a shelf as confiscated, and sends in the rest 
 of the supper. 
 
 AVhat is tliis very neat new trunk in a corner, carefully corded ? 
 
 It is here on a charge of " drunk and incapable." It was found in ricadilly 
 to-night (with a young woman sitting on it), and is full of good clothes, evi- 
 dently belonging to a domestic servant. Those clothes Avill be rags soon, and 
 the drunken woman will die of gin, or be drowned in the river. 
 
 We are dozing by the fire again, and it is past throe o'clock, when the stillness 
 (only invaded at intervals by the head voices of the two French ladies talking in 
 
 Jn 
 
148 
 
 constable's guide. 
 
 their cr>ll — no other prisonorg seem to be awake) is broken by the complaints of 
 a wom.in and the cries of a child. Th'j outer door opens noisily, and the com- 
 pUiints and the cries come nearer, and come into the dock. 
 
 " Y/li!it's this?" says the Inspector, putting up the •window. •'Don't cry 
 there, don't cry!" 
 
 A roiigh-hcaded, miserable little boy of four or five years old, stops in his cry- 
 ing and looks frightened. 
 
 "This woman," says a wet constable, glistening in the gaslif^'^t, "has been 
 making a disturbance in the street for hours, on and off. She says she wants 
 relief. I have warned her off my beat over and over again, sir ; but it's of no 
 use. She took at last to rousing the whole neighborhood." 
 
 " You hear what the constable says. What did you do that for?" 
 
 " Because I want relief, sir." 
 
 " If you want relief, why don't you go to the relicving-officer ?" 
 
 " I've been, sir, Cod knows ; but I couldn't get any. I haven't been under a 
 blessed roof for three nights, but have been prowling the streets the whole night 
 long, sir ; and I can't do it any more, sir ; and my husband has been dead these 
 eight mouths, sir ; and I've nobody to help me to a shelter or a bit of bread, God 
 knows." 
 
 " You haven't been drinking, have you ?" 
 
 " Drinking, sir ? Me, sir ?" 
 
 " I am afraid you have. Is that your own child ?" 
 
 •' yes, sir, he's my child !" 
 
 " lie hasn't been with you in the streets three nights, has he ?" 
 
 " >' , sir. A friend took him in for me, sir ; but couldn't afford to keep him 
 any longer, sir, and turned him on my hands this afternoon, sir." 
 
 "You didn't fetch him away yourself, to have him to beg with, I suppose ?" 
 
 " no, sir ! Heavens knows I didn't, sir !" 
 
 "Well (writing on a slip of paper), I shall send the child to the workhouse 
 until the morning, and keep you here ; and then if your story is true you can 
 tell it to the magistrate, and it will be inquired into." 
 
 " Very well, sir. And God knows I'll be than-iful to have it inquired into." 
 
 " Reserve !" 
 
 " Sir !" 
 
 " Take this child to the workhouse ; here's the order. You go along with this 
 man, my little fellow, and they'll put you in a nice warm bed, and give you some 
 breakfast in the morning; — there's a good boy !" 
 
 The wretched urchin parts from his mother without a look, and trots conten- 
 tedly away with the constable. There would be no very strong ties to break 
 here, if the constable were taking him to an industrial school. Our honorable 
 friend the member for Red Tape voted for breaking stronger tics than these, in 
 workhouses, once upon a time ; and we seem faintly to remember that he glori- 
 fied himself upon that measure very much. 
 
 We shift the scene to Southwark; it is much the same. We return to Bow- 
 
APPENDIX 
 
 140 
 
 street; still the same excellent methoil, carefully administered, vigilant In all 
 respects except this main one — prevention of ignorance, remedy for unnatural 
 neglect of children, punishment of wicked parents, interposition of the State, as 
 a measure of human policy, if not of human pity and accountability, at the very 
 source of crime. 
 
 Our Inspectors hold that drunkenness, as a cause of crime, is in the ratio of 
 two to one greater than any other cause. We doubt if they make duo allowance 
 for the cases in which it is the consequence or companion of crime, and not the 
 cause ; but we do not doubt its extens'ive influence as a cause alone. Of the 
 seven thousand and eighteen charges entered in the books of Bow-street ttation 
 during I80O, at least half are against persons of both sexes, for being " drunk 
 and incapab!'^." If offences be included which have been indirectly instigated 
 by intoxicatij", the proportion rises to at least seventy-five per cent. As a proof 
 of this, it can be demonstrated from the books at head quarters (Scotland Yard), 
 that there was a great and sudden diminution of charges after the wise measure 
 of shutting up public houses at twelve o'clock on Saturday nights. 
 
 Towards five o'cloc'lc, the number of cases falls oft", and the business of the 
 station dwindles down to charges against a few drunken women. A\'e have seen 
 enough, and we retire. 
 
 We have not wearied the reader, whom wo now discharge, with m ore than a 
 email part of our experience. We have not related how the two respectable 
 tradesmen, " happening" to get drunk at " the house they used," first fought 
 with one another, then " dropped into" a policeman, as that witness related in 
 evidence, until admonished by his Inspector concerning the Queen's English ; 
 nor how one young person, resident near Covent Garden, reproached another 
 youag person in a loud tone of voice at three o'clock in the morning, with being 
 " a shilling minx ;" nor how that young persou retorted that, allowing herself, 
 for the sake of argument, to be a minx, she must yet prefer a claiai to be a 
 pound minx rather than a shilling one, and so they fell to fighting, and Averc 
 taken into custody ; nor how the first minx, piteously declaring that she had 
 "left her place without a bit of key," was consoled, before having the police 
 key turned upon herself, by the dispatch of a trusty constable to socurc her 
 goods and chattels from pillage ; nor how the two smiths, taken up for "larking" 
 on an extensive scale, were sorely solicitous about " a centre-punch ' which one 
 of them had in his pocket, and which, on being searched (according to custom) 
 for knives, they expected never to see more; nor how the drunken gentleman of 
 independent property, who, being too drunk to be allowed to buy a railway 
 ticket, and being mcst properly refused, most improperly "dropped into" the 
 railway authorities, complained to us, visiting his cell, that he was locked up on 
 a foul charge, at which humanity revolted, ^nd was not allowed to send for bail, 
 and was this the bill of rights ? We have seen Jhat an incessant system of com- 
 munication, day and night, is kept up between every station of the force ; we 
 have seen, not only crime speedily detected, but listress quickly relieved ; we 
 have seen regard paid to every application, whether it be an inquiry after a 
 
 i^ 
 
 i% 
 
150 
 
 / 
 
 CONSTABLES' GUIDE. 
 
 gipsy woman, or a black-and-taa spaniel, or a frivolous complaint against a 
 constable; we have seen that everything that occurs is written down, to be 
 forwarded to head quarters ; we have seen an extraordinary degree of patience 
 habitually exercised in listening to prolix details, in relieving the kernel of a 
 case from its almost impenetrable husk ; we have seen how impossible it is for 
 anything oi" a serious, of even an unusual nature to happen, without being 
 reported ; and that, if reported, additional force can be immediately supplied 
 from each station, where from twenty to thirty men are always collected while 
 off duty. We have seen that the whole system is well, intelligently, zealously 
 worked; and we have seen, finally, that the addition of a few extra men will be all- 
 sufficient for any exigencies vrhich may arise from the coming influx of visitors. 
 
 Believe us, nervous old lady, dyspeptic half-pay, suspicious quidnunc, plot- 
 dreading diplomatist, you may sleep in peace! As for you, trembling rate- 
 payer, it is not to be doubted that, after what you have read, you will continue 
 to pay your eightpence in the pound without a grudge. 
 
 And if either you, nervous old lady, or you, dyspeptic half-pay, or you, sus- 
 picious quidnunc, or you, plot-dreading diplomatist, or you, ungrudging rate- 
 payer, have ever seen, or heard, or read of a vast city which a solitary watcher 
 might traverse in the dead of night as he may traverse London, you are far wiser 
 than we. It is daybreak on this third morning of our vigil — on, it may be, the 
 three-thousandth morning of our seeing the pale dawn in these hushed and 
 solemn streets. Sleep in peace ! If you have children in your houses, wake to 
 think of and to act for the doomed childhood that encircles you out of doors from 
 the rising up of the sun unto the going down of the stars, and sleep in greater 
 peace ! There is matter enough for real dread there. It is a higher cause than 
 the cause of any rotten government on the Continent of Europe, that, trembling, 
 hears the Marseillaise in every whisper, and dreads a barricade in every gathering 
 of men ! 
 
I