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From the Southeastern Gazette, 10 April 1866.
WEST KENT SESSION.
This session commenced at the Court-house, Maidstone, on Thursday,
before Gathorne Hardy, Esq., M.P.. chairman.
James Hall, 28, servant, was charged with stealing a silver watch, value
£2, the property of Mark Marshall, at Tunbridge Wells, on the 17th
March. Mr. E. T. Smith prosecuted, and Mr. Rosher defended the prisoner.
Mrs. Emma Marshall said she resided with her husband at 3,
Castle-street, Tunbridge Wells, and recollected the prisoner and the
second coachman to Mr. Edwards coming to her house on the 17th March.
About twelve a.m. she saw the watch on the mantel shelf. Prisoner went
away shortly after ten p.m.; and at twenty minutes past eleven she
missed it.
Cross-examined:— Prisoner called to see her husband. They keep a
beer-shop. The prisoner was the worse for liquor, and had some more
drink with her husband. Witness did not wish the prisoner to be brought
there for trial.
Re-examined:— Witness left the room several times while prisoner was
there.
George Swift, inspector of police, said he went to Bathurst Lodge, where
prisoner was employed, on the 18th March. Prisoner said he took the
watch for a “lark,” and asked his companion to look at him with the
watch in his pocket and “see how fine he looked.” He intended to return
it, but he was in liquor and forgot to do so. Witness told him he must
take him into custody for stealing the watch.
By Mr. Rosher:— He did not attempt to deny possession of the watch.
Mr. Rosher argued that the watch was merely taken in a “lark,” and that
prisoner, if he had had time, would have returned it. He submitted that
there was no evidence of a felonious intent.
John Hall, prisoner’s brother, residing at Bedford, spoke to the
prisoner having borne a good character, and the jury acquitted him.
The Chairman cautioned him against indulgence in drink, which had got
him into the present trouble.
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