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35

"In four days?" she asked.

"Even in the space of an hour."

Later, in his courtroom testimony, Pierce admitted he was astounded at how prophetic his own words were, for enormous difficulties lay ahead-- and they would come from the most unlikely source.

CHAPTER 38

A SHARP BUSINESS PRACTICE

Henry Mayhew, the great observer, reformer, and classifier of Victorian society, once listed the various types of criminals in England. The list had five major categories, twenty subheadings, and more than a hundred separate entries. To the modern eye, the list is remarkable for the absence of any consideration of what is now called "white-collar crime."

Of course, such crime existed at that time, and there were some flagrant examples of embezzlement, forgery, false accounting, bond manipulation, and other illegal practices that came to light during the mid-century. In 1850, an insurance clerk named Walter Watts was caught after he embezzled more than ?70,000, and there were several crimes much larger: Leopold Redpath's ?150,000 in forgeries on the Great Northern Railway Company, and Beaumont Smith's ?350,000 in counterfeit exchequer bonds, to name two examples.

Then, as now, white-collar crime involved the largest sums of money, was the least likely to be detected, and was punished most leniently if the participants were ever apprehended. Yet Mayhew's list of criminals ignores this sector of crime entirely. For Mayhew, along with the majority of his contemporaries, was firmly committed to the belief that crime the product of "the dangerous classes," and that criminal behavior sprang from poverty, injustice, oppression, and lack of education. It was almost a matter of definition: a person who was not from the criminal class could not be committing a crime. Persons of a better station were merely "breaking the law." Several factors unique to the Victorian attitude toward upper-class crime contributed to this belief.

First, in a newly capitalistic society, with. thousands of emerging businesses, the principles of honest accounting were not firmly established, and accounting methods were understood to be even more variable they are today. A man might, with a fairly clear conscience, blur the distinction between fraud and "sharp business practices."

Second, the modern watchdog of all Western capitalist countries, the government, was nowhere near so vigilant then. Personal incomes below ?150 annually were not taxed, and the great majority of citizens fell beneath this limit. Those who were taxed got off lightly by modern standards, and although people grumbled about the cost of government, there was no hint yet of the modern citizen's frantic scramble to arrange his finances in such a way as to avoid as much tax as possible. (In 1870, taxes amounted to 9 percent of the gross national product of England; in 1961, they were 38 percent.)

Furthermore, the Victorians of all classes accepted a kind of ruthlessness in their dealings with one another that seems outrageous today. To take an example, when Sir John Hall, the physician in charge of the Crimean troops, decided to get rid of Florence Nightingale, he elected to starve her out by ordering that her food rations be halted. Such vicious maneuvers, were considered ordinary by everyone; Miss Nightingale anticipated it, and carried her own supplies of food, and even Lytton Strachey, who was hardly disposed to view the Victorians kindly, dismissed this incident as "a trick."

If this is only a trick, it is easy to see why middleclass observers were reluctant to label many kinds of wrongdoing as "crimes"; and the higher an individual's standing within the community, the greater the reluctance.

A case in point is Sir John Alderston and his crate of wine.

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Captain John Alderston was knighted after Waterloo, in 1815, and in subsequent years he became a prosperous London citizen. He was one of the owners of the South Eastern Railway from the inception of the line, and had large financial holdings in several coal mines in Newcastle as well. He was, according to all accounts, a portly, tart-spoken gentleman who maintained a military bearing all his life, barking out terse commands in a manner that was increasingly ludicrous as his waistline spread with the passing years.

Alderston's single vice was a passion for card games, acquired during his army days, and his outstanding eccentricity was that he refused to gamble for money, preferring to wager personal articles and belongings instead of hard cash. Apparently this was his way of viewing card-playing as a gentlemanly pastime, and not a vice. The story of his crate of wine, which figures so prominently in The Great Train Robbery of 1855, never came to light until 1914, some forty years after Alderston's death. At that time, his family commissioned an official biography by an author named William Shawn. The relevant passage reads:

____________________

Sir John at all times had a highly developed sense of conscience, which only once caused him any personal qualms. A family member recalls that he returned home one evening, after an outing for card-playing, in a mood of great distress. When asked the cause, he replied: "I cannot bear it."

Upon further inquiry, it emerged that Sir John had been playing cards with several associates, these being amen who also owned a share of the railway. In his play, Sir John had lost a case of Madeira, twelve years old, and he was exceedingly reluctant to part with it. Yet he had promised to put it aboard the Folkestone train, for delivery to the winner, who resided in that coastal town, where he oversaw the operation of the railway at its most distant terminus.

Sir John fretted and fussed for three days, condemning the gentleman who had won, and suspecting aloud that the man had cheated in clandestine fashion. With each passing day, he became more convinced of the man's trickery, although there was no evidence for such a belief.

Finally he instructed his manservant to load the crate of wine on the train, placing it in the luggage van with a deal of ceremony and filling-in of forms; the wine was, in fact, insured against loss or injury during the journey.

When the train arrived in Folkestone, the crate was discovered to be empty, and a robbery of the precious wine was presumed. This provided no small commotion among the railway employees. The guard in the van was dismissed and changes in procedures were adopted. Sir John paid his wager with the funds from the insurance.

Many years later, he admitted to his family that he had loaded an empty crate onto the train, for he could not, he said, bear parting with his precious Madeira. Yet he was overcome with guilt, especially for the discharged railway employee, to whom he contrived to pay an anonymous annual stipend over a period of many years, such that the sum paid was vastly in excess of the value of his wine.

Yet to the last, he felt no remorse for the creditor, one John Banks. On the contrary, during the last days of his mortal existence, when he lay in his bed delirious with fevers, he was often heard to say, "That blasted Banks is no gentleman, and I'll be damned if he'll get my Madeira, do you hear?"

Mr. Banks at this time had been deceased some years. It has been said that many of Sir John's closest associates suspected that he had had a hand in the mysterious disappearance of the wine, but no one dared accuse him. Instead, certain changes were made in the railway security procedures (partly at the behest of the insuring agency). And when, soon after, a consignment of gold was stolen from the railroad, everyone forgot the matter of Sir John's crate of wine, excepting the man himself, for his conscience tormented him to his final days. Thus was the strength of this great man's character.

CHAPTER 39

SOME LATE DIFFICULTIES

On the evening of May 21st, just a few hours before the robbery, Pierce dined with his mistress, Miriam, in his house in Mayfair.

Shortly before nine-thirty that night, their meal was interrupted by the sudden arrival of Agar, who looked very distraught. He came storming into the dining room, making no apologies for his abrupt entrance.

"What is it?" Pierce said calmly.

"Burgess," Agar said, in a breathless voice. "Burgess: he's downstairs."

Pierce frowned. "You brought him here?"

"I had to do," Agar said. "Wait until you hear."

Pierce left the table and went downstairs to the smoking room. Burgess was standing there, twitching his blue guard's cap in his hands. He was obviously, as nervous as Agar.

"What's the trouble?" Pierce said.

"It's the line," Burgess said. "They've changed it all, and just today-- changed everything."

"What have they changed?" Pierce said

Burgess spoke in a headlong torrent: "I first came to know this morning, you see, I come to work proper at seven sharp, and there's a cooper working on me van, hammering and pounding. And there's a smith as well, and some gentlemen standing about to watch the work. And that's how I find they've changed all manner of things, and just today, changed it all. I mean the running of the car the way that we do, all changed, and I didn't know-"

"What, exactly, have they changed?" Pierce said.

Burgess took a breath. "The line," he said. "The manner of things, the way we do, all fresh changed."

Pierce frowned impatiently. "Tell me what is changed," he said.

Burgess squeezed his hat in his hands until his knuckles were pale. "For one, they have a new jack the line's put on, started today-- a new bloke, young one."

"He rides with you in the baggage van?"

"No, sir," Burgess said. "He only works the platform at the station. Stays at the station, he does."

Pierce shot a glance at Agar. It didn't matter if there were more guards at the platform. There could be a dozen guards, for all Pierce cared "VVhat of it?" he said.

"Well, it's the new rule, you see."

"What new rule?"

"Nobody rides in the baggage car, save me as guard," Burgess said. "That's the new rule, and there's this new jack to keep it proper."

"I see," Pierce said. That was indeed a change.

"There's more," Agar said gloomily.

"Yes?"

Burgess nodded. "They've gone and fitted a lock to the luggage-van door. Outside lock, it is. Now they lock up in London Bridge, and unlock in Folkestone."

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