The
Surrey Comet dated 27 April 1861 reported the following case which was heard by
Hampton Petty Sessions on 22 April 1861. The James Ivall referred to was the
second son of David Ivall (1795-1850), a successful coachmaker. An article
about James's life is on this blog. He married Sarah Benn in 1856 at Hampton
Church. At the time of the incident described, James was one of three business partners
running the London coachmaking firm Ivall and Large. He is shown in the 1861
census as a coachmaker master, meaning that he supervised apprentices. James
was aged 29 and his wife Sarah was 22. They lived in Thames Street, Hampton
with Sarah’s sister Charlotte, aged 34.
A
NOVEL MODE OF TAKING TOLL :- LADIES BEWARE !
Mr
James Ivall was charged with assaulting John White, Toll Collector of Hampton
Court Bridge.
Mr
Cann appeared for defendant.
The
statement of complainant was that one evening last week, the two ladies passed
through the toll gate without paying toll, and that he ran after them and stopped
one of the ladies by catching hold of her dress at the back part and demanded
the toll. The ladies said they would pay coming back, but he refused this and
then they gave him a shilling to take his toll. Soon after this a gentleman
(the defendant) returned with the ladies from the railway, and rushed up to him
with his raised fist, shook it in his face, and called him “a beast” saying
“how dare you kiss my wife, you scoundrel.” I strenuously denied this, and said
I had my own wife to kiss, and did not want kiss his. Defendant was violent and
would not listen to reason, threatening to summons me. I solemnly deny I took
any liberties with his wife and did not put my arms around her. The accusation
was so sudden on me, I scarcely knew what I was doing. It was about half-past
nine in the evening.
Cross-examined:
I have only taken toll at Hampton Court since January of this year. I have
occasionally seen defendant pass over, but I don't recollect the ladies doing
so. A solicitor called on me to ask my name so that be might summons me. I can’t
say if I took out this summons after the solicitor called on me. I did not touch
the lady's chin or shoulder, and said nothing about kissing.
Complainant’s
son, a youth, corroborated some portions of his father's testimony.
Mr
Cann addressed the bench, complaining that complainant had insulted Mrs Ivall
when she passed over to meet her husband, who came regularly by the train from
London, and she having told her husband of the treatment, naturally was
incensed, but did not strike or in any way intimidate complainant. He certainly
called him a “beast." but nothing more.
Miss Elizabeth Benn said she was sister-in-law to defendant and was with Mrs Ivall on the
evening in question, going to meet Mr Ivall coming home by the mail train. In
passing through toll bar she was first, and said they would pay on returning,
as they frequently did before. Afterwards heard a scuffle, and saw complainant
with his arms round Mrs Ivall, who said “unhand me, what are you doing ?” He
let go with one hand, and with the other took hold of her chin and said “I want
my toll.” Mrs Ivall said, then ask properly for it, and not serve me in this
manner. She then gave him 1s. We met Mr Ivall and told him what had happened. Mr
Ivall, on
returning with us, demanded the toll keeper's name, as none was up at the bar. He
did not go up to him with his fist or attempt to strike him, but he (defendant)
did accuse complainant of insulting his wife, and complainant denied it. A
female in the toll house made use of vary bad language, implying we were not
respectable people.
Cross-examined:
I swear defendant did not raise his fist. I heard complainant say he had his
own wife to kiss.
Mrs
Elizabeth Rose was waiting for her sister at Hampton Court Bridge on the
evening alluded to and saw what passed, and she stated positively defendant did
not strike or raise his fist at complainant, but heard Mr Ivall call him a
beast for attempting to kiss his wife, when complainant said in reply, he had something
else to kiss, without kissing his (defendant’s) wife. She also heard very
abusive language coming from the toll house, in a female voice.
Cross-examined:
I have never worked as a dressmaker with Miss Benn. I have known her for some
years. I have had no interview with her, except in the presence of Mr Ivall's
solicitor.
Mr
Cann was about to call more evidence, when the magistrates said it was unnecessary
to do so, and immediately dismissed the case, granting a summons against White
for assaulting Mrs Ivall, to be heard next sitting; condemning White in the costs
of this summons.
The case against John White was considered at Petty Sessions held in May 1861. The same evidence was presented. Mr Gregg, Inspector of Weights and Measures, gave White, who he had known for many years, a good character. The evidence being contradictory, the case was dismissed.
The case against John White was considered at Petty Sessions held in May 1861. The same evidence was presented. Mr Gregg, Inspector of Weights and Measures, gave White, who he had known for many years, a good character. The evidence being contradictory, the case was dismissed.