Doing a Moonlight Flit….
Section 54 of the Metropolitan Police Act 1839 (since revoked) provided that ‘a Police Constable in uniform may arrest any person whom he reasonably suspects to be committing an offence by leaving his place of residence with the intention of avoiding the payment of rent due (moonlight flit) during the hours of darkness (9pm to 6am)’.
Another offence under the same Act was ‘Any shopkeeper or trader who fails to clear the snow from outside their premises commits an offence’. Section 54. That would be handy in Montreal from what you say.
Whilst the Police Discipline Code was quite strict, there was also some humour which begs the question what the author was thinking when it was written: ‘Any officer who brings injury upon himself, by his own vicious habits, excluding venereal disease, commits an offence against the Code’.
Something else which I am sure will interest you in relation to the Law, is the principal of ‘Mute by malice or by visitation of God’.
It happened at the Central Criminal Court, the Old Bailey when a defendant stood charged with an offence of rape. When the Clerk asked him if his name was ……….., he made no reply. He was then asked if he understood the charge and again he made no reply. He was asked several times but continued to say nothing. A jury had been sworn in to hear the case of burglary.
With that, legal arguments went back and forth with the Judge taking a recess. On his return, he discharged the jury and swore in another panel. They then each took the oath ‘To try the issue before the court as to whether the defendant is ‘mute by malice or by visitation of God’ and to give true verdict according to the evidence’.
As soon as the last jury member took the oath and sat down, the defendant stood up and shouted his name. The Judge literally took off his wig and scratched his head. "Well, ladies and gentlemen, it would appear that he has answered the question himself. He is no longer mute. You are discharged’. So they were and the case proper began after another (the third) jury was empanelled.
So about eighteen months later, I was once again at the Old Bailey as the Officer in the Case for an offence of Burglary. Once more, the defendant kept his mouth shut and legal arguments began to go back and forth. I called the Prosecution Council and whispered to him ‘Mute by malice or by Visitation of God’ and he suddenly nodded to me. He stood up and addressed the Judge "I am indebted to the officer for this information your Honour, but I fear we have to try the issue as to whether he is mute etc., etc.".
We went through the formality of a new jury but this time this defendant kept quiet – mute in fact. I was called to give evidence that he could speak and had done so throughout his arrest. They then called the Chief Medical Officer from the prison where he had spent the previous couple of months on remand.
I can tell you, he was as mad as a March hare and obviously under great pressure. At the time, the two IRA members, the Price sisters who were on remand for bombing the Old Bailey were in his custody at the offshoot women’s prison. I shall never forget what he said. He was messing around with medical terms and jargon, which no one in court could really understand. "Do you realise that I have over 500 prisoners to look after including the force-feeding of several IRA prisoners" he ranted and raved. The Judge intervened and almost shouted "Just tell us sir, is he sane or insane?" The Medical Officer replied after a couple of moments thought "Let me put it this way sir" he replied "he is as sane as I am". "And what exactly do you mean by that?" asked the Judge.
Suffice is to say that he was found to be sane, tried and convicted. I think the Judge had done a deal with the defence, for half way through the case, he changed his plea to Guilty and got six months imprisonment, suspended for two years.
‘Mute by malice or by visitation of God’ – one for me to remember if I am ever in deep crap…………..
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