Ep 4: Be upstanding!


So, it’s all over!  Thanks to the people that have taken the time to write to me – for the nice comments and for the constructive ones!  I am getting back to a few each day, so please forgive me if it takes a while!

Here are some of the inspirations behind Episode 4.

The opening case is one that you won’t find in the Old Bailey Online – it was indeed struck from the record.  However, a record of it survives in a pamphlet called ‘Modern Propensities’ that is available in the British Library and which a Professor drew my attention to.  It’s an incredible document, with a great etching on the front with a very happy looking composer Kotzwara on the front with a noose around his neck and a blushing bride to his side.  Basically, the pamphlet is an excuse to talk about sexual kicks from strangulation.  At the back of it is an account of the case and general reports of what Garrow said.  The final circumstances of exactly why she got off is not clear.  From memory, the pamphlet says something like the barristers approached the bench and after a short discussion, the prisoner was discharged.

I’ll write some stuff on the treason trial tomorrow.

with best wishes


5 Responses to Ep 4: Be upstanding!

  1. Chris Daniels says:

    The late George Carlin spoke in his last routine of the unfortunate deaths of adolescents by autoerotic asphyxiation, and how the extent of problem continued to go unreported, in the U.S., in the name of protecting “public morals.”

  2. is there only FOUR episodes in this series? That sucks! Are there going to be any more next year?

  3. Fiona T says:

    Hi Mark,

    Many thanks for all the background information on the trials featured in this wonderful series. I’ve learned a lot and will certainly be delving into the Old Bailey archives in the future. Looking forward to your notes on the treason trial, when you have the time to post.



  4. Craig Elsdon-Dew says:

    Loved this show. Will you be making more? If so, when?

  5. essexandrew says:

    Just watched this episode and cannot find the promised notes on the episode, can I be helped with a link please.

    As a Criminal Justice Practitioner, not a lawyer who was around English Courts between early 1970’s ans early 2000’s what stands out is the way the practice of the law has developed, every step forward hard one.

    i had never known how a lawyer got to be KC/QC but obviously it was initially just a reward for lawyers skills and so one would only plead the cases of the Crown, therefore leaving the less succsful or more honourable for the Defence, hardly equal justice.

    In this episode I also noticed that the treason case did not start ina Magistrate’s Court.

    Also where the Indictment was not known until the hearing helped me to understand how in my time lawyers gave great importance to having all that they were entitled within the time limits set and also how when service is accepted with less than full notice a great faux play is often made of gratitude.

    I wondered why Garrow did not go straight for Habeas Corpus as the bloke was said to have been locked up for 3 months without charge and as far as we were told there were no special circumstances prevailing such as with Willie Whitelaw’s internment, or the current 28 days on Terrorist Charges all times with magisterial review.

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