The Worst Nightmare - part 2

January 14, 1879

I will now write down what happened at Mother's trial, in order to finish off this record of events.

The Epiphany Assizes for Kent took place at the Sessions House, Maidstone, on Saturday January 14th, 1879, before Lord Justice Cotton.

Sir Henry Cotton, QC, is about 60. He became Lord Justice of Appeal a year or so ago, but still does Assizes work.  

Proceedings started late, but the Judge went straight from the 4.30 train to the Session House, where the Commission was opened.

The rest of us were there at 11 a.m. The following were the justices sworn in on the grand Jury. As their names were listed, I made a copy of them.

Viscount Homesdale, MP was Foreman. His real name is William Archer Amhurst. He is a soldier and politician and will be taking his place in the House of Lords before long.

The others were important men from the area, wealthy land owners, or retired army officers. I had heard of Capt Tylden-Pattenson and was told that he was from His Majesty's 25th Regiment Kings Own Borderers of Ibornden and Dashmonden. Not that his title meant much to me. Here is the list.

J. Whatman, Esq

W. C. Morland, Esq

M. H. Dallion, Esq

C. Whitehead, Esq

I. F. Godfrey, Esq.

Major Best

J. Stone-Wigg, Esq

J. Kirkpatrick, Esq

F. Locke, Esq

G. Marsham, Esq

A. C. Ramsden, Esq

Capt. Prentis

Capt. Tylden-Patterson

J. J. Harvey, Esq

G .J. Courthope, Esq

J. Sayer, Esq

G. French, Esq

W. Baleston, Esq

Lord Justice Cotton in addressing the Grand Jury first expressed thanks for their attendance in such large numbers and remarking that it might be very inconvenient for them to have to attend at this period of the year, said that as it had been deemed necessary to have four assizes a year, he could see that no other time could be chosen, so as to have them separated by convenient intervals. Certainly the present calendar contained several cases of serious importance, and provided, he thought sufficient reason for summoning them to deal with them.

The first case he wished to call to their attention was a charge for manslaughter to be preferred again Elizabeth Sophia Day. It appeared that two sons of the accused were quarrelling, and as
they took not notice of her orders to them, she threw a knife which she was using, the result being that a fatal wound was inflected upon the deceased. It did not appear on the depositions that the woman had the slightest intention of doing any harm, while it did transpire that she was kind as a rule to her children.  

Notwithstanding that, if the facts as they appeared on the depositions came before them, he though it would be a case in which a true bill for manslaughter should be returned, because no person in correcting a child or in calling attention to orders is at liberty to use such a dangerous weapon as a knife. Of course the amount of punishment would depend on the circumstances and would be
apportioned to meet the facts of the case.

Mother was called to the stand. She pleaded "guilty" to having caused the death of her son, Fredrick James Day.

Mother's solicitor, Mr. Francis J. Smith, on behalf of the prisoner said that she was the wife of a cab proprietor at Chatham, and she herself ran a small general store in Brompton. It appeared that while she was busy two of her children quarrelled at the table and she threw a knife at the deceased, which unfortunately caused his death. It was not thought he was much injured at the time, and the unfortunate woman had nursed him with great care and kindness, the child dying in her arms some hours after the occurrence. Since then she has been overcome with remorse and her
health has suffered seriously. She was in a very delicate condition and was more to be pitied than to be punished. He hoped therefore that the justice of the case would be met by her husband entering
into recognisances to bring her up for judgment when called upon.

Mr. Herbert Sankey for the prosecution (He is from Margate) remarked that this was a case in which the Crown could hardly offer any opinions. The prisoner was undoubtedly a very respectable person, and he was quite aware she had suffered much since the occurrence.

His lordship said he was satisfied on the evidence that she did not mean to hurt her child, and that she had always been kind to her children; but no one had the right to use a dangerous weapon
for such a purpose. He could not therefore accede to the request of the counsel for the prisoner to be let off, lest it should be said the court took too lenient a view of the case.

The jury found a true bill against Elizabeth Sophia Day on bail indicted for the manslaughter of her son at New Brompton.

Then the judge said it was his painful duty to pass a sentence of 14 days imprisonment.

She was immediately taken away to Maidstone prison. We were all crying.

 

January 15, 1879

 

I wrote a letter to Mother, enclosing a notebook and pen, and suggested that she write down her experience - not only for something to do, but also because it might help to make her
experience more bearable.

So when she finally came out, she gave me the notebook, and here is what she wrote.

“Maidstone Prison is one of the oldest penal institutions in the United Kingdom, and it was built to
hold 552 prisoners, but only 62 of them women. It has a bad reputation with claims that it has poor living conditions, that it is overcrowded and has poor ventilation. However I've been told is has
improved a bit. But still there were 100 women in when I was there, so we were very crowded.

“Prisoners are strictly segregated by offence - so I only had contact with other women in for similar
charges to mine - and for similar short sentences.

“The cells are of ample size, and are lighted by long narrow windows covered with iron gauze. Bare and empty as they look, they are not actually uncomfortable. The furniture consists of an iron bedstead, a wooden shelf, and a stool. 

“The bedding is a coir mattress and pillow, sheets, three blankets and a rug. The necessities for the
toilet, a tin plate and a pint measure for our meals, and a card of the prison regulations complete the contents. No looking glasses are allowed.

“The prison day begins early, for at six o'clock the great bell rings for the convicts to rise. At a quarter to seven breakfast is served, and about ten minutes earlier the officers go round, and begin to unlock the cell doors that the women may come out and receive their rations – three quarters of a pint of cocoa with bread. They return to their cells, where they take their breakfast, after which they make their beds and clean out their rooms until towards eight o'clock, when it is time to go to chapel.

“Chapel is in the top floor of the rounded part of the building. The four storey Roundhouse  dominates the prison. The lower floors   form the Keeper's House and there is a chapel on the top floor, so
arranged that the inmates can see the chaplain without coming into contact with any other prisoners, as required by the "separate system" of imprisonment which is the rule.

“At 8.30 the labour of the day begins. The women are marched off in detachments to the workrooms or back to their cells. The hardest labour is the laundry work and perhaps the twine making; and the women employed at these have extra rations, namely, lunch of bread and cheese. Because
of my condition I was put to the easiest work - folding the clean laundry. I didn't get the extra rations. At different times during the morning, we exercise in the prison yard always keeping the same
distance, and no word being spoken. Twelve o'clock is the dinner hour - all meals being taken in the cells. Four times a week we had meat; mutton twice and beef twice; on other days we had soup or suet pudding, and always bread and potatoes. At half-past one we were marched back to the work rooms. 

“We exercise again during the afternoon, returning to our various occupations until five o'clock, when we go to our cells for supper, which consists of tea and bread. Very little work is done after this. At
6.45 all labour ceases for the day, and on entering our cells the doors are finally locked on us for the night. We have this time to ourselves, and most of us spend it in reading. 

“I share my cell with Elizabeth Ridell who is only young - about 25. She comes from High Wycombe. We never talk about why we are here, or ask any questions about home or family. It would be too hard to bear.

“The Matron of the prison is called Miss Ellen Davis, and the warders are Misses Jane Brown, Jane Thompson, Louisa Maytam and Emma Willett. They are all young women, very strong, and quite often unnecessarily cruel, although I have no complaints in that regard.

“Precisely at eight the lights go out.

“We know that soon there will be a hanging at the prison, of a man called Stephen Gambrill, but thank goodness, I will have left by then.  We do know his story.

“Last year, a local farmer, Capt. William Gillow, bought a new steam engine to speed up grain threshing on his farm at Woodnesborough, near Sandwich. The success of the machine meant that he was able to lay off several of his labourers. Among them was 28 year old Stephen Gambrill, who having had a lot to drink in several pubs in Sandwich, vowed to destroy the machine which
he felt had deprived him of his livelihood. Capt. Gillow fearing trouble, had posted his son, Arthur, to guard the new engine and Arthur, of course, easily recognised Gambrill who, when confronted,
set about Arthur and killed him. There was little real defense to the murder charge and thus Gambrill was quickly convicted. He is due to be hanged by William Marwood on Monday, the 4th of February, some three weeks after sentence.”

 

April 5, 1879

 

I will just add a short postscript to finish off thisstory that Mother wrote while in prison.

She was thin and wasted looking when Father finally went to collect her on January 28th. There was no way she could go back to work, so she spends most of her days sitting quietly in the living
room, often crying.

She lost her baby in late March. I deal with the shop all the time now, although Father helps with the books and the ordering, and Frank helps with things like stocking shelves. We all miss Fred so much.

 

 

Epilogue

 

Most of this story is based on the newspaper articles of the time. But I had already learned quite a lot about this family  while doing family history research.

Charles James Tree was my husband's gggg uncle.

Elizabeth died in 1906.

Her husband died in 1926.

Her son Frank died in 1890.

Her son Charlie (supposed author of the story) worked in the grocer shop, married Emily Sarah Jessop, and had four children.

I don't know what happened to her son Samuel.