Following Mundell came William Chambers, the arresting officer.
By April Williams
© 1996 Transgender Forum and April Williams
The true aspect of this time and place was one of slightly less innocence and much more restrictive social mores. Perhaps no one of that time could give a better testimony to this than Frederick Park and Ernest Boulton, whose impulsive evening out at the theater dressed as "Fanny and Stella" brought about their arrest and one of the most publicized morality trials in Victorian London.
There were actually two trials. The first was a police hearing in May, 1870, to determine if a formal trial should take place and the second was the formal trial, which occurred a year later. The first hearing was less formal and run by the police magistrate, whereas the latter was held at the Court of Queen's Bench in Westminster with the Lord Chief Justice presiding over a Special Jury.
It was the first hearing which caught the attention of London. The streets around the Bow Street Police court became jammed during the hearings, a situation aggravated by the doors and windows of the court room being wide open for the comfort of the large crowd inside. The trial was the first display of the public's insatiable appetite for juicy legal offerings and, as the last few years has shown, this appetite has not abated in the one hundred twenty six years since.
They were taken straight to the police station, still in their theater gowns consequently "when placed in the dock Boulton wore a cherry-coloured evening silk dress trimmed with white lace; his arms were bare and he had on bracelets. He wore a wig and a plaited chignon" (braided fall). "Park's costume consisted of a dark green satin dress, low necked, trimmed with black lace, of which material he also had a shawl round his shoulders. His hair was flaxen", (blonde), "and in curls. He had a pair of white kid gloves."
According to witnesses and especially Police Superintendent Thompson "of the K Division", Boulton and Park entered the Strand Theatre around eight o'clock and sat "in female costume" in a private box and Superintendent Thompson ("of the K Division") further testified that he "saw one of them repeatedly smile and", (gasp), "nod to gentlemen in the stalls."
During their stay at the theater, witnesses stated that Boulton and Park entered a compartment in the theater refreshment bar by themselves and "ordered some brandy, which", the newspaper reports, "they drank". Later "one of them entered the ladies cloak room and desired an attendant to pin up some lace that had fallen from his skirts. When this was done he remunerated her and went with his companion back to the box".
When they left the theater the "prisoners got into a cab. They were then accosted and taken to the Bow Street Police station." One of their escorts, Mr. Hugh Mundell ("23 of 158, Buckingham Palace Road") who was arrested with the two, said he did not notice any impropriety on the part of the two ladies during their evening at the theater.
After their arrest, police went to an apartment where the ladies had been seen earlier. Upon entering police found "a number of photographs representing the prisoners in ladies' and gentlemen's costume", "a quantity of silk dresses, earrings, pearl powder and articles of dress for men".
Their counsel argued that the charge felony was "not made out", (proven) "and that the prisoners were only guilty of a 'lark'". The prosecutor, citing several witnesses including the nightly policeman for the neighborhood, pointed out that ,"they had indulged in the so-called lark for a very long time."
Boulton and Park were officially charged with "impersonating women with felonious intent". The magistrates committed them to a higher court for a more formal hearing on the charge of "common design and conspiracy to incite others to immorality". Mr. Mundell was released on 100 pounds bail, while Boulton and Park were held without bail. The counsel for the two asked that the prisoners might be allowed to change their dress, for which permission was given but after an hour the change of dress did not arrive and so, since a large crowd had begun to gather around the Bow Street Police station "to see them", the two were removed in a van. Thus began one of the most extraordinary trials of all time.
The paper expressed it's satisfaction that the Government thought fit to undertake the conduct of prosecution, as "such a case could not be left in the hands of the police." It further stated "It is clearly proven that the two young men Boulton and Park, have been for many months in the habit of dressing in women's clothes, and frequenting public places, such as theatres and casinos" (please hold your applause until the end of the article).
"Their dress is described as elegant and elaborate, such as would be worn by the most fashionable and prosperous of the class of women to which they were taken to belong_.At the lodging which they occupied, police have found an extensive and complete store of feminine apparel." "These facts having become publicly known, there can be no doubt that public morality exacts the prosecution of the inquiry_and how proper it now is that the inquiry should be duly prosecuted with the view of maintaining public decency for the future."
Mr. Flowers - the magistrate hearing the case
Mr. Poland - representing the prosecution (the Treasury)
Mr. Besley - representing Boulton
Mr. Straight - representing Park.
Mr. Poland, the prosecutor, began by stating that prosecution had only been undertaken by the Treasury two days prior, due to certain representations made by the police. Apparently the police "had received a great many communications respecting the prisoners Boulton and Park but none affected the third defendant Mr. Mundell, who appeared to have been the dupe rather than the ally of the other prisoners." Therefore charges against Mr. Mundell were dropped and the prosecution called Hugh Mundell as it's first witness.
If the prosecutor hoped Mr. Mundell, having been "the dupe" of Boulton and Park, would provide damning testimony against the two, he was sadly mistaken.
Mundell testified, "I first met them at the Surrey Theatre on the 22d of April. My attention was drawn to them as women in gentlemen's attire. My curiosity was excited and I followed them when they left the theater during an interval in the performance. They said in a joking manner, 'You are following us'. I was in the company of a gentleman and we replied, 'Yes we are.'"
Mundell joined them at the Surrey Theatre on the following Tuesday. Upon being seated in their box, he gave them each a flower and Boulton gave him a note to read which stated that they were men. After reading the note Boulton said, "Yes it's true. We are."
On Friday, the night of the arrest, the witness went to the Strand Theatre at 8 o'clock. and was shown into the prisoner's private box. "A gentleman later came into the box. I think he said his name was Gibbs. The defendants soon arrived afterwards and were dressed in ladies attire. The defendants behaved like ladies at the Strand Theatre. There was no impropriety; there was nothing wrong. Upon leaving there was great deal of confusion and I hardly know what occurred, but I found myself in a cab on the road to Bow Street (laughter in the court)".
Following Mundell came William Chambers, the arresting officer.
"He had seen the defendants at the Casino dressed as women, and accosting gentlemen there. He had known them nine months or more and always thought they were women. He had sometimes seen them dressed like young men and believed they were the same young women in men's attire."
The hearing was to end for the day with a remand (recess) for a week when Mr. Besley, Boulton's counsel requested bail for the defendants. He "had sought in vain to learn what was the charge preferred against these young men" as "there was not an atom of evidence to convict them." The magistrate, Mr. Flowers, stated he would not "accept bail at the present stage of the trial.", and the prisoners were thus remanded in custody until the next hearing .
After the hearing, The Times reported "the crowd outside the court was immense, completely blockading the thoroughfare occasionally. There appears to have been an impression abroad that the prisoners would be again placed at the bar, according to the usual custom, in the costume in which they were arrested."
Henry Holland, a taxi driver, described taking Boulton and Park around in his cab several times prior to the arrest, always when they were dressed as ladies. He noted he had taken them to the boat race and several times to the theater and afterwards to restaurants (public houses). They were always considerate toward him, bringing him refreshment while he would wait for them, or inviting him to join them when they went into the public houses. When asked if he had any idea that they were men he replied he did not.
John Reeves, a beadle (privately hired security guard), testified that he had thrown Boulton and Park out of the Alambra Arcade where Mr. Reeves was working because they were visiting the various shops dressed as ladies. He also told of the two visiting in men's clothes but with their "faces-painted". Under questioning by Park's lawyer, Mr. Straight, the witness related several incidents where the security guards of the Arcade were indicted for assaulting customers.
George Smith, another beadle, stated that he had evicted Boulton and Park from the Burlington Arcade for coming in dressed as women and causing a general commotion. Unfortunately for the prosecution, Mr. Smith had a poor employment record and a drinking problem. The witness had been fired from the Arcade for taking money from a lady so as not to throw her out. He stated, "I have taken money from girls a hundred times. I was asked to resign...My object in taking money from the lady was to get a drink. I have had a few glasses today. A gentleman in court today gave me a shilling. I would not object if the Treasury would give me one. I don't think it's a disgrace to have taken money for drink. I am not ashamed of it."
Mr. Straight, "You do not appear to be ashamed of anything."
Martha Stacy, the daughter of the woman who rented out the apartment where Boulton and Park kept their ladies things told of the comings and goings by Boulton and Park in both male and female dress.
She stated they always paid their rent on time, and that other than the odd hours, they behaved well. She thought, because of the ladies dresses, they were amateur performers.
The prosecutor recommended adjournment for the day and Boulton's representative, Mr. Bealey, agreed to the adjournment if the two were granted bail. The prosecutor objected whereupon Bealey threatened to go on with the case until midnight were bail refused.
The magistrate agreed to adjourn for one day only, until the next afternoon when the question of bail for the two would be considered.
Martha Stacy - resumed her testimony from the prior day. She began by stating, "During all the times I have seen Mr. Boulton in my house, he has behaved with propriety".
She told of police officer Chamberlain coming to the house after the arrest. When he began confiscating property belonging to the defendants, Ms. Stacy's mother tried to stop him, whereupon Chamberlain told her, "he should do as he liked, and would take all the things away and sell them if he thought proper." The prosecutor noted the present hearing was not about Chamberlain. When Park's attorney questioned her, Ms. Stacy noted that, "when they were dressing up as women I heard them laughing and joking and I always knew what they were doing."
Police Inspector Shenton (of the E Division) - listed the items found in the dwelling. Here is a partial list of what was found:
Dresses :
mauve satin, trimmed with blonde lace;
white corded ribbed silk, trimmed with white lace, pink satin and tulle;
a white Japanese silk, pink stripe, trimmed with white lace and swan's
down;
black satin trimmed with mauve satin;
blue and white satin, piped with white satin;
mauve ribbed silk and green satin;
blue satin tunic;
Also a number of skirts and petticoats in tulle, tarlatan, white frilled
cambric and crinoline;
assorted jackets, bodices, shawls, ermine jacket and muff, about a dozen
pair of ladies kid boots and shoes, and various coloured chignons.
In a move to prevent Boulton and Park's release on bail the prosecution read several of the letters found at the dwelling. Another letter was read in private to the magistrate, who, upon returning to the court noted the letter was "so grave a nature that it left him no alternative but to decide on refusing bail for the present. He did not think it would serve any useful purpose to have the letter read openly in court". Park's representative, Mr. Straight, reminded the court that however the letters might reflect on Mr. Boulton, they made no reference to his client, Mr. Park.
The case was then remanded for a week with the defendants still denied bail.
Boulton attorney, Mr. Bealey began by criticizing the continual changing of charges against his client, citing it was "impossible to conduct this defense without a definite statement of the actual charge."
Mr. Poland stated that, "the purpose of this hearing was to discover what charges there were." Five witnesses testified:
Dr. Richard Barwell - surgeon at Charingcross Hospital - He stated that Park had visited him several weeks earlier concerning a certain malady that Park had. He gave the nature of the malady and "the way in which it was communicated." He also stated that Park was in male clothes. The doctor gave further testimony which the paper reported as substantiating, " the gravest imputations against the defendant, but it was of a character wholly unfit for publication."
Mr. James Paul - police surgeon -stating he gave both defendants a physical examination to ascertain their true sex upon their arrest.
NOTE: Several complaints were made by counsel concerning the crowded state of the court and the oppressive heat resulting from the crowd, "notwithstanding that all doors and windows were kept wide open."
Back to Transgender Forum's home page