| |
| META TOPICPARENT | name="PaperTopics" |
|---|
Armorie v. Delamirie (1722) K.B., 1 Strange 505, 93 ER 664 |
|
<
< | We are at work on this, plz direct comments or help to Carol DeMartino? and Alex Feerst. |
>
> | Alex Feerst & Carol DeMartino? |
| | The Opinion |
| | 3. Spoliation of Evidence |
|
<
< | Armory is considered “one of the first instances of spoliation of evidence. Under this evidentiary rule, courts presume that evidence a party has concealed or destroyed would have been injurious to their case, based on the interpretive canon omnia praesumuntur contra spoliatorem, ('all things' against the spoliator of the evidence). See Ariel Porat, Liability Under Uncertainty: Evidential Deficiency and the Law of Torts 11 (2001); Margaret M. Koesel et al, Spoliation of Evidence ix-x (2006). |
>
> | Armory is considered “one of the first instances of spoliation of evidence. Under this evidentiary rule, courts presume that evidence a party has concealed or destroyed would have been injurious to their case, based on the interpretive canon omnia praesumuntur contra spoliatorem, (all things against the spoliator of the evidence). See Ariel Porat, Liability Under Uncertainty: Evidential Deficiency and the Law of Torts 11 (2001); Margaret M. Koesel et al, Spoliation of Evidence ix-x (2006). |
| | Though it may not have been the court's intention, the great disparity in wealth and status between the two parties underscores the two rules announced in this case -- that one who finds property, even a climbing boy, holds title in it against the world, even the King's Silversmith, and that anyone who spoliates evidence, even one in so comparatively reputable a position as De Lamirie was compared to Armorie, will have all things presumed against him. |
| | In a statement to the Children's Employment Commission (1863), Thomas Clarke, Master Sweep of Nottingham remarked: |
|
<
< | "I have known eight or nine sweeps lost their lives by the sooty cancer. The private parts which is seizes are entirely eaten off caused entirely by 'sleeping black,' and breathing the soot in all night." |
>
> | "I have known eight or nine sweeps lost their lives by the sooty cancer. The private parts which it seizes are entirely eaten off caused entirely by 'sleeping black,' and breathing the soot in all night." |
| | Brown & Thornton, Percivall Pott & Chimney Sweepers' Cancer of the Scrotum (1957) |
| | William Blake published two versions of his poem "The Chimney Sweep," once in Songs of Innocence (1789) and then in Songs of Experience (1794). |
|
>
> | Charles Kingsley's 1863 novel The Water-Babies, features a chimney sweep protagonist. It remained popular well into the twentieth century and generated many accompanying images of chimney sweeps.
In Dickens' novel Oliver Twist, the hero is spared from indenture into service as a sweep's apprentice by a magistrate who blocks Oliver's move to a master who "did happen to labour under the slight imputation of having bruised three or four boys to death already."
Images
The corpses of two climbing boys being pulled out of a flue.
A trio climbing boys, still black with soot, tucking into a meal with some ale.
A widow sells her son into an apprenticeship with a chimney sweep. |
| | |
|
<
< | Here's an of some climbing boys, still black with soot, tucking into a meal with some ale. |
>
> | A climbing boy on crutches in retirement. |
| | |
|
>
> | A painting of a group of climbing boys gathered around a curdseller. |
| | |
|
<
< | A recent image of a Sweep's Apprentice |
>
> | Two cherubic looking sweeps share a book. |
| | |
|
<
< | Another image |
>
> | A brush-toting sweep burdened by his pack.
Two more recent images of sweep's apprentices, one bilious, the other pensive. |
| | |
|
<
< | An image of a widow selling her son into an apprenticeship with a chimney sweep. |
| | Paul De Lamerie |
| | Occasionally, one can even find an Armory v. Delamirie memorabilia print available for auction on ebay.
|
|
<
< |
|
| |
| META FILEATTACHMENT | attachment="butlin_scrotum_cancer_article.pdf" attr="" comment="Henry T. Butlin, Three Lectures on Cancer of the Scrotum in Chimney-Sweeps (1892)" date="1228246458" name="butlin_scrotum_cancer_article.pdf" path="butlin scrotum cancer article.pdf" size="1968197" stream="butlin scrotum cancer article.pdf" user="Main.AlexFeerst" version="1" |
|---|
| META FILEATTACHMENT | attachment="pott_scrotum_article.pdf" attr="" comment="Brown & Thornton, Percivall Pott & Chimney Sweepers' Cancer of the Scrotum (1957)" date="1228252826" name="pott_scrotum_article.pdf" path="pott scrotum article.pdf" size="748528" stream="pott scrotum article.pdf" user="Main.AlexFeerst" version="1" |
|---|
| META FILEATTACHMENT | attachment="blake_chimney_experience.jpg" attr="" comment="Image of Blake's %22The Chimney Sweeper%22 from Songs of Experience (1794)" date="1228255445" name="blake_chimney_experience.jpg" path="blake chimney experience.jpg" size="24225" stream="blake chimney experience.jpg" user="Main.AlexFeerst" version="1" |
|---|
|
| |
| META FILEATTACHMENT | attachment="water_babies_image.pdf" attr="" comment="Water Babies image" date="1229848440" name="water_babies_image.pdf" path="water babies image.pdf" size="72174" stream="water babies image.pdf" user="Main.AlexFeerst" version="1" |
|---|
| META FILEATTACHMENT | attachment="water_babies_text_+_image.pdf" attr="" comment="Water Babies text + image" date="1229848575" name="water_babies_text_+_image.pdf" path="water babies text + image.pdf" size="127491" stream="water babies text + image.pdf" user="Main.AlexFeerst" version="1" |
|---|
| META FILEATTACHMENT | attachment="sweep_soot_o_image.pdf" attr="" comment="Sweep Soot O Image" date="1229849424" name="sweep_soot_o_image.pdf" path="sweep soot o image.pdf" size="86679" stream="sweep soot o image.pdf" user="Main.AlexFeerst" version="1" |
|---|
|
|
>
> |
| META FILEATTACHMENT | attachment="two_dead_boys_image.pdf" attr="" comment="Dead boys in flue" date="1229854653" name="two_dead_boys_image.pdf" path="two dead boys image.pdf" size="141355" stream="two dead boys image.pdf" user="Main.AlexFeerst" version="1" |
|---|
|