Elizabeth Cass
Encyclopedia
Elizabeth Cass, later Elizabeth Langley (born 1863) was a British
seamstress
and dress designer whose mistaken arrest for prostitution
in 1887 became a minor cause célèbre
.
, Lincolnshire
, and grew up in Stockton-on-Tees
. After working as a seamstress, she moved to London
to be a dress designer early in 1887. She was employed by Mrs. Mary Ann Bowman and lived on her premises at 19 Southampton Row.
(a respected retailer of silk and millinery, holding a Royal Warrant
). The week had seen Queen Victoria’s
Golden Jubilee
, and London was thronged with people enjoying a month of record sunshine.
Jay’s were closed, and the pavement was full of people. As she pushed her way through the crowd on Oxford Street to go home, she was suddenly arrested by PC DR 42 Endacott, of Tottenham Court Road
Police Station. She was taken to the police station and charged with solicitation and prostitution
, and the next morning she appeared at Great Marlborough Street Police Court before Robert Milnes Newton, one of two Stipendiary Magistrates. PC Endacott gave evidence of the arrest and testified that he had seen her three times before in Regent Street late at night soliciting for prostitution.
Miss Cass’ employer, Mrs. Bowman, was called in her defence and testified that she had been in London only a few months, and had never before been out late at night. Further, she was a respectable woman of perfect character in a good job. Mrs. Bowman was unshakeable in her evidence. Faced with this, the Magistrate had no option but to find Miss Cass not guilty. However, he then added the following piece of advice:
The clear implication is that the Magistrate believed Miss Cass was really guilty, but had persuaded Mrs. Bowman to perjure herself to secure her acquittal.
On June 30, Mrs. Bowman wrote to the Metropolitan Police
headquarters to complain about the police’s action in the case. The day after, Llewellyn Atherley-Jones
, Liberal
MP for North-Western Durham, first raised the case in Parliament. Atherley-Jones, a Barrister
by profession, took up the case of Miss Cass and on July 5 he asked the Home Secretary Henry Matthews
to order an inquiry into the case. Matthews, noting that no conviction resulted, gave what seemed to Atherley-Jones to be a flippant answer and Atherley-Jones then decided he would seek to raise the matter on the adjournment. He managed to defeat the government by 5 votes.
The Home Secretary then ordered the Commissioner of Police for the Metropolis, Sir Charles Warren
, to undertake an inquiry. PC Endacott was suspended on July 6, and the Lord Chancellor
began an inquiry into the conduct of Mr. Newton. The Metropolitan Police inquiry opened on July 11 and after six days of hearings concluded on July 26. The report did not make any findings as to whether the arrest was justified (calling for the evidence to be tested in a court under oath), but Sir Charles Warren concluded “I am not prepared to say that I can see any grounds for accusing PC Endacott of wilful Perjury
. However, that is a matter on which I think the Public Prosecutors should decide”.
Mrs. Bowman and Miss Cass had already begun a private prosecution of PC Endacott for perjury, and after due consideration the Law Officers wrote to their solicitors offering to take over the case, or permitting the case to go ahead under their direction. They chose the second option. Colleagues within the Metropolitan Police raised a subscription to pay for Endacott’s defence. Meanwhile the informal inquiry into the Magistrate had concluded in secret, with the decision to give Mr. Newton a formal reprimand. Newton had relied for justification of his warning to Miss Cass on a statute which allowed a Magistrate to issue such a warning to a defendant who had been found guilty but whom the Magistrate felt was undeserving of any sentence, and the Lord Chancellor’s letter highlighted this as a mistake in law.
found a true bill against PC Endacott for perjury on September 13 but the trial was postponed to the Michaelmas
Term, eventually beginning on October 31. On November 1, Miss Cass (now Mrs Langley) was called to give evidence; afterwards Mr. Justice Stephen heard a submission (in the absence of the jury) from the prosecution and ruled that the case was confined to whether PC Endacott committed perjury in saying that he had seen Miss Cass three times before in Regent Street. The Judge further said that in his own view, there was no evidence that Endacott had been wilfully mis-stating the truth: the most likely explanation was that he had been making an honest mistake. The Solicitor-General
accepted that view and withdrew the prosecution.
Mrs Langley and her defenders were not pleased by this outcome. The inquiry and the trial had given the opportunity to PC Endacott’s legal representatives to make further assaults on her character, and Llewellyn Atherley-Jones insisted his original objection had been to the actions of the Magistrate.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
seamstress
Sewing
Sewing is the craft of fastening or attaching objects using stitches made with a needle and thread. Sewing is one of the oldest of the textile arts, arising in the Paleolithic era...
and dress designer whose mistaken arrest for prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
in 1887 became a minor cause célèbre
Cause célèbre
A is an issue or incident arousing widespread controversy, outside campaigning and heated public debate. The term is particularly used in connection with celebrated legal cases. It is a French phrase in common English use...
.
Early life
Miss Cass was born in GranthamGrantham
Grantham is a market town within the South Kesteven district of Lincolnshire, England. It bestrides the East Coast Main Line railway , the historic A1 main north-south road, and the River Witham. Grantham is located approximately south of the city of Lincoln, and approximately east of Nottingham...
, Lincolnshire
Lincolnshire
Lincolnshire is a county in the east of England. It borders Norfolk to the south east, Cambridgeshire to the south, Rutland to the south west, Leicestershire and Nottinghamshire to the west, South Yorkshire to the north west, and the East Riding of Yorkshire to the north. It also borders...
, and grew up in Stockton-on-Tees
Stockton-on-Tees
Stockton-on-Tees is a market town in north east England. It is the major settlement in the unitary authority and borough of Stockton-on-Tees. For ceremonial purposes, the borough is split between County Durham and North Yorkshire as it also incorporates a number of smaller towns including...
. After working as a seamstress, she moved to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
to be a dress designer early in 1887. She was employed by Mrs. Mary Ann Bowman and lived on her premises at 19 Southampton Row.
Mistaken arrest
On June 28, 1887, she went out in the late evening to do some shopping at Jay’s Shop at 243-253 Regent StreetRegent Street
Regent Street is one of the major shopping streets in London's West End, well known to tourists and Londoners alike, and famous for its Christmas illuminations...
(a respected retailer of silk and millinery, holding a Royal Warrant
Royal Warrant
Royal warrants of appointment have been issued for centuries to those who supply goods or services to a royal court or certain royal personages. The warrant enables the supplier to advertise the fact that they supply to the royal family, so lending prestige to the supplier...
). The week had seen Queen Victoria’s
Victoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
Golden Jubilee
Golden Jubilee
A Golden Jubilee is a celebration held to mark a 50th anniversary.- In Thailand :King Bhumibol Adulyadej, the world's longest-reigning monarch, celebrated his Golden Jubilee on 9 June 1996.- In the Commonwealth Realms :...
, and London was thronged with people enjoying a month of record sunshine.
Jay’s were closed, and the pavement was full of people. As she pushed her way through the crowd on Oxford Street to go home, she was suddenly arrested by PC DR 42 Endacott, of Tottenham Court Road
Tottenham Court Road
Tottenham Court Road is a major road in central London, United Kingdom, running from St Giles Circus north to Euston Road, near the border of the City of Westminster and the London Borough of Camden, a distance of about three-quarters of a mile...
Police Station. She was taken to the police station and charged with solicitation and prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
, and the next morning she appeared at Great Marlborough Street Police Court before Robert Milnes Newton, one of two Stipendiary Magistrates. PC Endacott gave evidence of the arrest and testified that he had seen her three times before in Regent Street late at night soliciting for prostitution.
Miss Cass’ employer, Mrs. Bowman, was called in her defence and testified that she had been in London only a few months, and had never before been out late at night. Further, she was a respectable woman of perfect character in a good job. Mrs. Bowman was unshakeable in her evidence. Faced with this, the Magistrate had no option but to find Miss Cass not guilty. However, he then added the following piece of advice:
- Just take my advice: if you are a respectable girl, as you say you are, don’t walk in Regent Street at night, for if you do you will either be fined or sent to prison after the caution I have given you.
The clear implication is that the Magistrate believed Miss Cass was really guilty, but had persuaded Mrs. Bowman to perjure herself to secure her acquittal.
On June 30, Mrs. Bowman wrote to the Metropolitan Police
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
headquarters to complain about the police’s action in the case. The day after, Llewellyn Atherley-Jones
Llewellyn Atherley-Jones
Llewellyn Archer Atherley-Jones QC was a British politician and Barrister who eventually became a Judge.-Early career:...
, Liberal
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
MP for North-Western Durham, first raised the case in Parliament. Atherley-Jones, a Barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
by profession, took up the case of Miss Cass and on July 5 he asked the Home Secretary Henry Matthews
Henry Matthews, 1st Viscount Llandaff
Henry Matthews, 1st Viscount Llandaff PC, QC was a British lawyer and Conservative politician. He is best remembered for his role in the 1885 Sir Charles Dilke divorce trial and for his tenure as Home Secretary from 1886 to 1892.-Background and education:The member of an old Herefordshire family,...
to order an inquiry into the case. Matthews, noting that no conviction resulted, gave what seemed to Atherley-Jones to be a flippant answer and Atherley-Jones then decided he would seek to raise the matter on the adjournment. He managed to defeat the government by 5 votes.
The Home Secretary then ordered the Commissioner of Police for the Metropolis, Sir Charles Warren
Charles Warren
General Sir Charles Warren, GCMG, KCB, FRS was an officer in the British Royal Engineers. He was one of the earliest European archaeologists of Biblical Holy Land, and particularly of Temple Mount...
, to undertake an inquiry. PC Endacott was suspended on July 6, and the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
began an inquiry into the conduct of Mr. Newton. The Metropolitan Police inquiry opened on July 11 and after six days of hearings concluded on July 26. The report did not make any findings as to whether the arrest was justified (calling for the evidence to be tested in a court under oath), but Sir Charles Warren concluded “I am not prepared to say that I can see any grounds for accusing PC Endacott of wilful Perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
. However, that is a matter on which I think the Public Prosecutors should decide”.
Mrs. Bowman and Miss Cass had already begun a private prosecution of PC Endacott for perjury, and after due consideration the Law Officers wrote to their solicitors offering to take over the case, or permitting the case to go ahead under their direction. They chose the second option. Colleagues within the Metropolitan Police raised a subscription to pay for Endacott’s defence. Meanwhile the informal inquiry into the Magistrate had concluded in secret, with the decision to give Mr. Newton a formal reprimand. Newton had relied for justification of his warning to Miss Cass on a statute which allowed a Magistrate to issue such a warning to a defendant who had been found guilty but whom the Magistrate felt was undeserving of any sentence, and the Lord Chancellor’s letter highlighted this as a mistake in law.
Perjury case
The Grand JuryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
found a true bill against PC Endacott for perjury on September 13 but the trial was postponed to the Michaelmas
Michaelmas
Michaelmas, the feast of Saint Michael the Archangel is a day in the Western Christian calendar which occurs on 29 September...
Term, eventually beginning on October 31. On November 1, Miss Cass (now Mrs Langley) was called to give evidence; afterwards Mr. Justice Stephen heard a submission (in the absence of the jury) from the prosecution and ruled that the case was confined to whether PC Endacott committed perjury in saying that he had seen Miss Cass three times before in Regent Street. The Judge further said that in his own view, there was no evidence that Endacott had been wilfully mis-stating the truth: the most likely explanation was that he had been making an honest mistake. The Solicitor-General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
accepted that view and withdrew the prosecution.
Mrs Langley and her defenders were not pleased by this outcome. The inquiry and the trial had given the opportunity to PC Endacott’s legal representatives to make further assaults on her character, and Llewellyn Atherley-Jones insisted his original objection had been to the actions of the Magistrate.