Prosecuting felons, then and now

If your house were to be burgled you’d expect the police to investigate, to apprehend the burglar, and to pass the case to the public prosecutor. You would expect the matter to come before a court and that the accused person, if found guilty, would be punished according to the law.

Until the national police force was established, however, and until the system of prosecution on behalf of victims of crime was set in place, what we expect as a matter of course was simply not available. Felons were not easily apprehended, and criminal-law charges, brought by individuals, not the State, were expensive and difficult to prove against offenders.

Mutual-help Associations

In the absence of our modern system, where the State is entirely responsible for keeping the peace and enforcing the law, and responsible too, for prosecuting and punishing criminals, people with a common interest in protecting their property from miscreants—neighbours, fellow farmers, those in the same trade—formed mutual-assistance associations to protect themselves. Like many other parishes, Whitmore had an association for the prosecution of felons which, by paying for prosecutions from a common fund, could meet the high legal expense of securing a conviction.

In England between 1750 and 1850 more than 1000 prosecution associations were formed.

Newspaper advertisements

The first newspaper mention of the Whitmore Association for the Prosecution of Felons I have found is an advertisement in The Staffordshire Advertiser of 15 July 1826

WHITMORE ASSOCIATION.

WHEREAS divers burglaries, thefts, robberies, larcenies, and other offences, are frequently committed upon the persons and property of us whose names are hereunto subscribed, viz. stealing of horses, cattle, sheep, pigs, fish out of ponds or pools of water, fowls, household goods, implements in husbandry, corn out of barns or fields, potatoes, turnips out of fields or hods, orchards or gardens robbed, and carrying away gates, hinges, posts, rails, and stiles, cutting down and carrying away young trees, timber, and woods, destroying fences, and various other offences. And for the better and more effectual discovery of such person or persons, who shall commit any of the offences before mentioned, we do engage and agree to give the following rewards to any person or persons, (not being a member or members of this society,) who shall apprehend or discover any offender or offenders, against our or any of our persons or property, on conviction of such offender or offenders:- namely

  For every person convicted of a capital offence, the sum of ten pounds.

  For every person that shall be cast for transportation, the sum of five pounds.

  For every person convicted of a less heinous offence, the sum of one guinea.

  And for every toll-gate keeper, who shall give in- formation of any horse-stealer, highway robber, or house-breaker, or of any person or persons, who shall have stolen any cattle or sheep from any member of this society, so that he, she, or they, shall be apprehended, or convicted through such information, the sum of two guineas.

  The Annual Meeting will be held at the Durham Heifer Inn, on the first Thursday of June, 1827.

ANDREW MARTIN, Treasurer.

Whitmore.
Rev. J. J. Brasier,
Rev. L. Dixon,
William Malkin,
Andrew Martin,
James Furnival,
William Clewlow,
John Broomall.
Snape Hall.
Francis Beardmore.
Lime Pits.
William Tomlinson.
Moat Farm.
Benjamin Pickhorn.

Woodhouse.
Samuel Rhodes.
Bramley Green.
Vernon Bloore.
Shutlanehead.
Sarah Ash,
John Berks.
Acton.
William Beech,
Joseph Pointon,
Margaret Venables,
Thomas Unett

The subscribers, mostly farmers, were the leading citizens of the parish.

Meetings of the Association were held annually over the next forty years with Andrew Martin (1799 – 1872), landlord of The Mainwaring Arms, serving as treasurer. The membership list changed as people came to the parish and left.

Other communities nearby had similar associations. In 1838 associations from Bradley, Gnosall, and Kingsley, advertised their annual meetings of similar associations in the same issue of the Staffordshire Advertiser as the 1838 Whitmore advertisement.

Cases

Several advertisements were taken out by the Association. In 1829 two horses were stolen from members of the Association and a reward was offered in each case:

The Staffordshire Advertiser 19 September 1829

TEN GUINEAS REWARD.-Stolen out of a Field at ACTON, near Newcastle, Staffordshire, on Monday night, the 14th, or early on Tuesday morning, the 15th September, 1829, a BLACK MARE, half- bred, and of the cart kind, stands about 14 hands two inches high, switch tail, a little white on the off hind foot, and a little hair rubbed of with a chain on the off side; she has a small head, a fine neck, and a feather on the lower part of each buttock.
Whoever will give such information of the Offender or Offenders, so that he or they may be brought to justice and convicted, shall receive TEN GUINEAS Reward, namely-Five Guineas from the Owner, Mr. BEECH, of Acton aforesaid; and Five Guineas from the Treasurer of the Whitmore Association.

The Staffordshire Advertiser 26 September 1829

BAY MARE STOLEN.-FIFTEEN POUNDS REWARD.--Whereas, late on Saturday night last, or early on Sunday morning, a BAY MARE, of the hackney kind, aged, stands about sixteen hands high, both knees broken, (she suckled a foal at the time) switch tail, "IT" marked on each shoe, was stolen from a field at the New Buildings, near to Market Drayton.
Whoever will give information, so that the offender or offenders may be brought to justice and convicted, shall receive the above reward, namely, Five Pounds from Mr. John Birks, of Shutlanehead, near Newcastle, the owner; and Ten Pounds from the Treasurer of the Whitmore Association.
Whitmore, September 21, 1829.

An account of the second theft, with a pursuit by members of the Whitmore Association, and also another theft of a horse was reported in the newspaper at the time:

Market Drayton, Sept. 19.-Our fair this day has been well supplied with cows, horses, and sheep, but owing to the great scarcity of money there was very little traffic, and that little was not to the advantage of the seller. Two horses were stolen from pastures near this town, on the night of the fair. A bay mare, belonging to Mr. John Birks, of Shutlanehead, was taken from a field near the New Buildings, and although the members of the Whitmore Association went various routes in pursuit, nothing has been heard of her since. (See advt.) The other, a valuable horse, belonging to Mr. Hill, of Shepherd's Grange, was recovered the next morning in the following way:-The gate keeper at Seabridge, near Newcastle, had to let through his gate about midnight a man on horseback, whose appearance excited his suspicions; these he expressed to the man, and threatened to send after him immediately. In a few moments the horse came back to the gate without his rider, and the animal proved to be the one that had been stolen from Shepherd's Grange, and which the fear-struck horse- stealer had thus voluntarily abandoned.

Other thefts where a reward was offered by the Association were for 

The meeting of 1866 reported that “during the past year the members have been particularly free from depredations upon their property”

WHITMORE ASSOCIATION.-The annual meeting of this association was held at the Mainwaring Arms Inn, on Tuesday last, when an excellent dinner was provided by Mr. A. Martin, the host. A company of nearly 30 members sat down, Mr. Chester ably presiding, and Mr. J. Highfield Occupying the vice-chair. A very social and agreeable evening was spent. The usual loyal and other toasts of a local character were cordially given. The funds of the association are in a flourishing condition, and during the past year the members have been particularly free from depredations upon their property.

Songs in the Pub

In 1867 members enjoyed a large dinner, followed by some popular songs, toasts, and more songs:

WHITMORE ASSOCIATION.-The annual meeting of the members of the "Whitmore Association for the Prosecution of Felons" was held at Mr. Martin's, the Mainwaring Arms, on Tuesday. After the business had been transacted, the members sat down to an excellent dinner which had been provided. Mr. W. Turner, Chapel Chorlton, presided, Mr. Highfield, Whitmore, officiating as vice-chairman. After the usual loyal toasts other toasts followed, agreeably alternated by some excellent and popular songs.

The most recent newspaper report of the activities of the Association appeared in July 1869.

WHITMORE ASSOCIATION FOR THE PROSECUTION OF FELONS.-The annual meeting of this association was held on Tuesday at the Mainwaring Arms Inn, Whitmore, when, after squaring accounts, the members sat down to an excellent dinner, provided by Host Martin, and served up in his usual good style. Mr. Grocott ably occupied the chair, and Mr. Highfield the vice-chair. Ample justice having been done to the good things provided, the usual loyal and local toasts were drunk. Amongst them the health of the worthy secretary and treasurer (Mr. Martin) was not forgotten. The company, after spending a very agreeable afternoon, separated at an early hour.

Winding up

It would seem that after over 40 years the Association had outlived its usefulness. Andrew Martin, innkeeper of the Mainwaring Arms and the Association’s long-standing treasurer, was now 70 years old. He died in July 1872. He was the only member of the Association on the list of subscribers in 1864 who had also been listed in 1826.

Related posts and further reading

Wikitree: