25 Bouverie Road
Folkestone
The Earl of Radnor granted a lease for 86 years for £14 per annum on 4th
October 1866 for builder John Bennett Tolputt, the building was completed
and opened on the 9th February 1867 and titled the "Albion
Hotel" as a beer house. A spirit license was obtained in 1869. The
licensee, William Henry Jacobs was an eccentric who was often seen in court,
being charged for selling intoxicating liquors out of hours, and also had a
reputation for upsetting the guests.
In November 1877 he was charged with receiving stolen goods, obviously to
gain some extra cash to help pay for his second mortgage from banker Richard
Hammond who had been after payment since taking it out in 1874. Eventually
things got too much for Jacobs and the hotel was relinquished to auctioneer
John Banks who auctioned it on Friday 27th September, 1878.
At the time the building was described as follows:- Containing a basement
with five large cellars, a coal cellar and larder and a ground floor
containing a hall, bagatelle room, coffee room, bar parlour, kitchen,
scullery, urinal and lavatory. The first floor contained a billiard room,
three sitting rooms, two bedrooms, landing and lavatory. The second floor
had nine bedrooms, housemaids closet and lavatory, and at the very top of
the building were two attics. The hotel was eventually secured by Croyden
Brewers, Nalder and Collyer for £4,250.
Things must have been difficult to start of the business again, as from
1878 to 1881 the premises saw no less than five managers installed to run
the hotel, one called William Allen from December 1879 to July 1880, but
during this time the name changed from the "Albion Hotel" to the "Bouverie
Hotel" either because it adjoined Bouverie Square or to honour the
family name of the earl of Radnor who originally granted the lease.
LICENSEE LIST
TOLPUTT
J B 1866-67
JACOBS William Henry 1867-78
CRUX John 1878
BANKS John 1878
BRYAN Thomas 1878-79
WRIGHT George 1879
ALLEN William 1879-80
http://evenmoretales.blogspot.co.uk/Albion-Hotel
From the Post Office Directory 1874
From More Bastions of the Bar by Easdown and Rooney
Folkestone Observer 24 August 1866.
Licensing Day. The magistrates issued their licensing certificates on Wednesday to
all established publicans who applied for them, Mr. Morford, of the
Fountain, being the only pub who got a lecture, and that a not very
severe one. There were seven applications for new houses, and
certificates were granted for four, namely: The Rendezvous, Mr. S.
Hogben (another publican lost a £10 bet over this, we hear);
Alexandra, Mr. Spurrier: Raglan, Mr. Lepper; and a house in Bouverie
Mews, Mr. J. B. Tolputt.
Notes: If this is the first license for the Raglan it puts the
accepted date of 1864 into doubt. Also, no record of Tolputt having
a license anywhere. Could this, however, be the first license for
the Albion Hotel?
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Folkestone Chronicle 25 August 1866.
Licensing Day.
A Special Sessions was held at the Town Hall on Wednesday, for the
purpose of renewing old and granting new spirit licenses &c. The
magistrates present were Captain Kennicott R.N., James Tolputt and
A.M. Leith Esqs. There was a large attendance of publicans, some
interest being excited in consequence of strong opposition being
raised against the granting of several new licenses. The first
business was to renew old licenses, and about 70 names were called
over alphabetically.
The seventh and last applicant was Mr. J. B. Tolputt, for a license
to a house called the Albion recently erected by him in Bouverie
Square for the accommodation of coachmen and others at the Mews.
The court was then cleared for a short time, and on the re-admission
of the public Captain Kennicott said the magistrates had decided on
granting a license to Mr. Tolputt.
Notes: Tolputt does not appear in the list of licensees for the
Albion (later Bouverie Hotel) in More Bastions.
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Southeastern Gazette 28 August 1866.
Local News. Wednesday last was the annual licensing day, when the magistrates on
the bench were Capt. Kennicott, R.N., J. Tolputt and A. M. Leith
Esqrs.
All the old licenses were renewed. There were seven applications for
new licences namely, Mr. Hogben for the Rendezvous, in Broad Street,
(lately opened as a luncheon bar); Mr. Spurrier, for the Alexandra,
in Harbour Street; Mr. Lepper, for a new house, the Raglan Tavern,
in Dover Road; Mr. J. B. Tolputt, for a house in Bouverie Square;
Mr. Elliott for the Gun, Cheriton- Road; Mr. Tite, for the
Shakespeare, Cheriton Row; and Mr. Mullett, for the Star, in Seagate
Street. The Bench granted licences to the four first-named, and
refused the other applications. Mr. J. Minter presented a petition
signed by all the publicans in the town against new licences, and
appeared specially to oppose the granting of licences to the
Rendezvous and Star.
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Folkestone Observer 9 February 1867.
Wednesday, February 6th: Before James Kelcey and R.W. Boarer Esqs.
William Henry Jacobs applied for a temporary license to sell
excisable liquors under the license granted to John Bennett Tolputt
at the Albion Hotel, Bouverie Square. Application granted.
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Folkestone Chronicle 2 March 1867.
Advertisement: ALBION HOTEL. Bouverie Square, Folkestone.
W.H. Jacob, Proprietor, begs to inform the visitors and inhabitants
that he has opened the above hotel, and trusts by earnest attention
to the comfort of visitors, and the lowest possible charges, to
merit their support. ...................
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Folkestone Chronicle 13 April 1867.
Saturday April 6th: Before R.W. Boarer and J. Kelcey Esqs.
W.H. Jacob, of the Albion Hotel, Bouverie Square, was charged with
having opend his house for the sale of intoxicating liquors at one
o'clock on the morning of the 1st April. There were four men in the
tap room. Fined 25s. and costs, or one month. The money was paid.
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Folkestone Observer 13 April 1867.
Saturday, 6th April: Before R.W. Boarer and J. Kelcey Esqs.
W.H. Jacobs, of the Albion Hotel, Bouverie Square, pleaded guilty to
having his house open for the sale of liquors at one o'clock on
Monday morning, the 1st instant. Supt. Martin stated that on the
night before the house was open at unlawful hours. Fined 20s. and
costs, in default one month's imprisonment.
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Southeastern Gazette 8 October 1867.
Local News. At the Petty Sessions, on Saturday, before Capt. Kennicott, R.N., A.
M. Leith, and J. Tolputt, Esq., Alfred Fedarb, potboy at the Albion
Hotel, Bouverie Square, was charged with embezzling £1 12s. 4d., the
property of his master, William Henry Jacobs.
Prosecutor deposed that
the prisoner entered his service on the 2nd
August last, and that from the 24th August to the 29th Sept., he
supplied to No. 43, Bouverie Square, ale and porter to the above
amount, which money he had taken and kept. It was prisoner's duty to
account daily for all beer taken out, and for all money received. On
Sunday evening Mrs. Wright, the house-keeper at No. 43, came into
the house, and from what she said he asked prisoner if he had been
paid the amount, and he said “No.” Afterwards he said he had
received a part; that he had lost half-a-sovereign and spent some.
Witness told prisoner that if he could refund the money he would not
prosecute him, and detained him in his bedroom till the Friday, when
he got out a warrant and had him apprehended.
Eliza Wright, housekeeper to Miss Sankey, at 43, Bouverie Square,
deposed to the payment of money to the prisoner, who was committed
for trial at the Quarter Sessions on Wednesday (to-morrow).
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Folkestone Chronicle 12 October 1867.
Quarter Sessions. Wednesday October 9th: Before J.J. Lonsdale.
Embezzlement: The Grand Jury retired, and shortly afterwards brought
in a true bill against Alfred Fedarb, for embezzling £1 12s 4d, the
money of his master, Mr. Jacobs, of the Albion Hotel. He pleaded
“guilty of having had some of it”, which was taken as a plea of
guilty.
In reply to the learned Recorder the prisoner said he came from
Canterbury, where he worked as a plumber, painter, and gas-fitter,
that he had worked here for Mr. Ramell, and gave up the trade
because of his ill health.
Mr. Minter, who appeared to prosecute, said he believed the prisoner
had no father or mother, but his grandmother was in a respectable
position. The prosecutor, in reply to His Honour, said he could not
speak favourably of the prisoner's conduct, and Mr. Ramell, who was
in court, said his opinion, if he gave it, would be very
unfavourable to the prisoner, and the Recorder said he had no wish
to hear it.
Addressing the prisoner, he said that he had pleaded guilty to a
serious crime, for which he might have been sentenced to fourteen
years' penal servitude. When a lad left a trade in his native town
for the post of pot boy in a strange place, there must be something
wrong, for the one was a respectable situation, the other was a
disreputable one, and he was afraid the prisoner was a very bad
young man, who was likely to become worse, and he was satisfied that
a short term of imprisonment would do him good. He was sentenced to
nine months' imprisonment with hard labour.
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Folkestone Observer 12 October 1867.
Saturday, October 5th: Before Captain Kennicott R.N., A.M. Leith and
J. Tolputt Esqs.
Alfred Fadarb was charged with embezzlement.
William Henry Jacobs, landlord of the Albion Hotel, Bouverie Square,
said: Prisoner has been in my employ as a pot-boy since the 2nd of
August, and it was his duty to take out all the beer ordered. From
the 29th of August to 24th September I have supplied beer to Miss
Sankey, in Bouverie Square, to the amount of £1 12s. 4d. I sent
daily to the house. I have not received any part of that sum from
the prisoner. I asked him several times whether the account had been
asked for and he said “No”. I did not ask him if he had received the
money. It was his duty to account to me nightly for all money
received and beer taken out. Miss Sankey's housekeeper, Mrs. Wright,
told me on Sunday evening that it had been paid. When he came in
afterwards, I asked him if he had taken the money for Miss Sankey's
beer and he said “No”, but when Mrs. Wright asked him he said he
had. He told me then that he had lost half a sovereign the week
before, and was afraid to mention it till he could make it up. For
the first eight days Mrs. Wright said he was paid daily. I asked him
what he did with that money, and he said he had spent it, and the
last week's money as well. I told him if he could make up the
amounts he was deficient I would forego the prosecution. I have not
received any money from him. Since Sunday I have kept him in his
bedroom. Yesterday I got a warrant against him, and he was locked up
by the police.
Liiza, wife of Wm. Henry Wright, said: I am cook and housemaid to
Miss Sankey, 43, Bouverie Square. I order goods and pay for them. I
had ale and beer twice a day for the house from the prisoner (Mr.
Jacobs' servant) from the 26th August. For the first eight days I
paid him daily, sometimes 10d, and some perhaps 1s. I don't know how
much. Afterwards I paid him once a week. I don't know which day –
one day one week, another the next, perhaps. It was not regularly. I
can't say how much – once I paid him 13s. 6d. I did not pay him a
half sovereign at any time. I cannot say how much I have paid him
altogether, because I never kept any account. Last Monday week I had
the last beer, and on Tuesday I paid him, by 4s. and some half
pence. On Sunday I went in to pay 1s. I owed the prisoner for beer.
While I was in the bar parlour the prisoner came in. Prosecutor
asked him if he was paid at 43, Bouverie Square, and he said “No”. I
asked him whether I had not paid all up and he said I had. I did not
say that I had paid the first eight days, or weekly, before Mr.
Jacobs went for the police.
Police constable Reynolds deposed: I apprehended the prisoner on a
warrant yesterday afternoon at the Albion Hotel. I charged him with
embezzling money of Mr. Jacobs, and he said “It is true”.
Prosecutor, re-examined, said he had no recommendation with the
prisoner.
A magistrate said it was rather imprudent to employ any person in a
position of trust without any character.
The prisoner reserved his defence, and was committed for trial at
the Quarter Sessions.
Quarter Sessions.
Wednesday, October 9th: Before J.J. Lonsdale Esq.
The Grand Jury were but a short time absent from Court, and returned
a true bill against Alfred Fadarb, who was then arraigned for that
he, being the servant of William Henry Jacobs, on the 30th of August
last, received and took into his possession, for, and on account of
his master, 8s. and did not pay the same over to his master, and on
two subsequent occasions, on dates named, appropriated 13s. 6d., and
4s.
Mr. Minter appeared for the prosecution.
The prisoner pleaded “Guilty for taking some of it, but not all”.
The Recorder: Are you aware of the consequences of pleading Guilty?
Prisoner: Yes, Sir.
The Recorder: It only remains for me now to sentence you.
Prisoner: I should like to ask Mr. Jacobs two or three questions. He
locked me up in a room from Sunday night to Tuesday morning.
The Recorder: I have nothing to do with that today.
Prisoner: He took my clothes away also.
Mr. Minter said the clothes were provided by his master.
Prisoner said farther, in reply to the Recorder, that he was not a
Folkestone boy. He had worked at Canterbury. He was not a waiter
there. He was a painter, plumber, and gas fitter. He had worked in
Folkestone for Mr. Rammell.
Mr. Minter said he understood prisoner's grandmother was very
respectable in Canterbury. She kept an inn there.
The Recorder to Mr. Jacobs: How has he conducted himself in other
respects while with you?
Mr. Jacobs: I would rather not say, sir, for I cannot speak
favourably of him.
The Recorder: How long has he been with you?
Mr. Jacobs: He came on the 2nd of August.
The Recorder to Prisoner: How old are you?
Prisoner: Twenty, Sir.
The Recorder to Mr. Rammell: Can you say anything in his favour?
Mr. Rammell: What I should say would be very unfavourable, Sir.
The Recorder: Then I don't want to hear anything of it.
The Recorder to Prisoner: You are aware that the offence to which
you have pleaded guilty is of a very unfavourable kind, and one
which might subject you to penal servitude for fourteen years. I am
afraid that when a young man leaves the trade to which he has been
brought up, and leaves his town and his relations, and takes a
situation as potboy, he must be a very bad man. I am quite satisfied
that any short term of imprisonment will do you no good. From all I
have heard it is quite clear that you are a very bad man. The
sentence that I pass upon you is that you be imprisoned for nine
calendar months with hard labour.
This closed the proceedings.
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Southeastern Gazette 15 October 1867.
Quarter Sessions. On Wednesday, the Michaelmas Quarter Session was held in the
Town-hall, before J. J. Lonsdale, Esq., recorder.
Alfred Fedarb, aged 20, described in the calendar as a gas fitter,
of superior education, was charged with embezzling money from
William Henry Jacobs, landlord of the Albion Hotel, his master. The
facts of the case have already appeared in our columns. The prisoner
pleaded guilty, and the Recorder sentenced him to nine months’ hard
labour.
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Folkestone Chronicle 23 November 1867.
County Court. Monday November 18th: Before W.C. Scott. Jacobs v Jno Davis: This was a claim for £4 16s., for money lent,
and for wine and spirits supplied. Mr. Minter appeared for the
plaintiff. Defendant made a counter-claim for lodgings, and pleaded
that at the time he had the spirits from Jacobs, who is proprietor
of the Albion Hotel, he (plaintiff) had no license to sell spirits,
and that they were presents made to him and never intended to be
charged for. After going into the amounts, His Honour gave judgement
for £3 12s. 7d., to be paid in three monthly instalments, and
characterised the defence of the spirits being presents as being
frivolous in the extreme. Jacobs v Frederick Graves: Claim for 8s. 6d. Defendant did not
appear, and an order made for payment forthwith. Note: Graves had previously been licensee of the Princess Royal. English v Jacobs: Claim 25s. for an advertisement inserted in
English's Guide, which defendant denied having ordered. Judgement
was given for the plaintiff. |
Folkestone Observer 23 November 1867.
County Court: Monday, November 18th: Before J.C. Scott Esq. John English v W.H. Jacob: Mr. Minter, for plaintiff, said the
action was brought to recover £1 5s. for an advertisement published
by plaintiff on behalf of defendant in the Guide to Folkestone. John English said that previous to publication of the Guide he
called upon defendant and asked him if he would have an
advertisement inserted. Defendant asked him to call again in a few
days, when he would give him an answer. He called again on the day
he was going to press and told him he must decide at once whether he
would have the advertisement in or not, and defendant said he would
have it. It was consequently inserted a a whole page advertisement,
and the price charged was the regular price. After publication he
saw Mr. Jacobs for the money, and he said he had not given the
order. The price was mentioned at the time. Defendant said that when Mr. English called upon him about the
advertisement, he replied that he would think of the matter and let
him know in a few days. Mr. English showed him his monthly book, and
he (defendant) said he did not know that he could improve upon the
advertisement there. He heard no more of it until plaintiff came to
claim the twelve months money, when he said there must be some
mistake; he knew nothing of it. In a few days Mr. English called him
in and told him that he gave the order, which he repudiated. He had
no recollection of Mr. English saying anything about the book going
to press. It was during the summer season that Mr. English called
for the advertisement, and he was very busy and had no time to think
about the matter. Mr. English made no further application to him,
nor did he know anything about the price. At the time that Mr.
English applied to him for the advertisement there were a number of
persons there, before the public bar, but he did not notice who the
persons were. When Mr. English called upon him the second time about
the advertisement, he (defendant) said that if the advertisement
were put in he should wish it to be stated that he was agent for the
Litre Bottle Wine Company. The Judge said it was quite clear there was a conversation, but
whether defendant apprehended what was said or not he did not know,
but he considered that there was quite enough said to warrant
plaintiff putting in the advertisement. Verdict for plaintiff. W.H. Jacob v John Davis: Mr. Minter, far plaintiff, said plaintiff
formerly lodged with defendant, and during the time he so lodged
with him he lent defendant some £9 or £10. Upon his leaving, the
accounts were balanced up, and there was found to be £3 some odd due
to Jacobs. Afterwards he sold defendant several articles, and had
from defendant some meat &c., leaving a balance of £4 due. Plaintiff said he formerly lodged with defendant and during that
time he lent him money. He had an IOU (produced). On the date of the
IOU he lent defendant £9. At the time that he left the money owed to
him had been reduced, by lodging and meat, to £3 14s. 6d., though in
his bill of particulars he had made a mistake and charged only £3.
He afterwards served him with a gallon of brandy, 14s. 6d; on
February 9th, two bottles of rum 4s. 4d.; February 12th a gallon of
rum, 13s. 6d.; a gallon of gin, 12s.; February 23rd, a quart of
brandy, 3s. 7½ d.; March 18th, a gallon of gin, 12s; the total being
£5 19s. 11½d. The goods were delivered by him to defendant. He had
given defendant for the £1 5s. 3½ d. for meat supplied to him, and
defendant had the whole account entered in a book that was in his
possession. Defendant had frequently promised to pay if time were
given, and plaintiff had told him he had had plenty of time, but if
he would pay him off at 4s. a week he would take it. He was in full
work. Had never heard of the action until he commenced the action.
All his lodging account, and everything else, were included when
they balanced up on his leaving defendant's house, and defendant was
due to plaintiff £3 14s. 6d. There was a picture in the set-off, two
guineas; that was a picture given to him by defendant's wife. Two
pictures came to him at the house, and he told defendant's wife that
since she had given him a picture, he would give her two others. Had
never had the riding whip demanded of him, and he was willing to
give it up. No demand was ever made of him of £2 for rent of room as
store room. Mrs. Avis frequently said that if he liked to bring
anything there he was quite welcome, and he took some things while
he was lodging there, and no rent was ever demanded of him. Defendant produced a book with entries in plaintiff's handwriting,
from which His Honour drew the conclusion that there was due to
plaintiff £4 4s. 11d., from which £1 3s. 11d. must be deducted. Plaintiff said that in another book which defendant had there was an
account made up in his handwriting, showing a sum of £4 14s. 6d. due
on March 18th. Defendant asserted that when he had the spirits, plaintiff had no
wholesale license at the time, so defendant gave him the spirits. Plaintiff said he had the magistrates' permission to sell until
licensing day. Defendant said that when he used to go there to work, plaintiff gave
him two or three bottles of rum to carry home, and plaintiff had had
spirits in return. Plaintiff said the spirits were not supplied as presents. The amount
charged was the amount agreed upon to be charged. Plaintiff then
proceeded to mention instances in which, since he had left
defendant's house, defendant had taken up goods in his name,
including a sheep from a butcher, without plaintiff's sanction. His Honour gave a verdict for £3 12s. 7d. Defendant asked for time. Plaintiff said that defendant had threatened to run away if this
claim, and another by a brewer for £23, were given against him. His Honour: I know nothing about what he owes the brewer. Plaintiff: His wife has a farm, said to be worth £7,000. Order - £3 12s. 7d. in three monthly payments. |
Folkestone Chronicle 25 January 1868.
County Court. Monday January 20th: Before W.C. Scott. W.H. Jacobs v Ernest Farnworth: Claim for £3 9s. 10d. for spirits
&c. Order for immediate payment as defendant did not appear. |
Folkestone Chronicle 29 February 1868.
County Court. Monday February 24th: Before W.C. Scott. W.H. Jacobs v Ernest Farnworth: £4 4s. 10d. An order was made on
defendant last court, and as he was going to Scotland immediately,
execution was prayed. Defendant attended and said he was out of a
situation, and had no means of payment. He was under age when the
debt was contracted, and his father refused to pay it because it was
incurred for billiards. Plaintiff produced his book to disprove
that, and Hih Honour remarked that defendant seemed to have enjoyed
himself at plaintiff's expense. Plaintiff was bound to show that
defendant had been in a position to pay before he could ask for a
committal. All that he (His Honour) could do was to hope that
defendant would be honourable and pay the debt as soon as possible. |
Folkestone Observer 29 February 1868.
County Court. Monday, February 24th: Before W.C. Scott Esq. Judgement Summons. W.H. Jacob v Ernest Farnworth: An order was made at the last court
for payment of £4 4s. 10d., and payment not having been made,
defendant now came up on a judgement summons. Defendant, in reply to the Judge, said he had no means of paying the
debt. He was of no profession whatever, and was out of a situation
at present. He had been a clerk, and was not likely to have any
situation at present. Plaintiff: His father was Surveyor Of Customs of the port, and is
now in Glasgow. Defendant: I was not of age at the time the debt was contracted. The Judge: I cannot listen to that now. That should have been named
when the order was made. Have you no means of payment? Defendant: No, nothing. The Judge: I must hold the order over for two months. Plaintiff: Mr. Farnworth is going to Glasgow. The Judge: Where is your father? Is he at home? Defendant: Yes. The Judge: Will he not pay the amount for you? Defendant: No, he refuses to pay. The Judge: When are you going to Scotland? Defendant: In another fortnight. It was taken on credit at
billiards, and my father refuses to pay for it. Plaintiff: It was only partly billiards, Sir. The Judge: Aye. I see that some of the charges are for refreshments,
tea, &c. I really don't think I am justified in making the order.
You swear, as you have sworn today, that you have no means of paying
it. Your father positively refuses to pay it, and has written to the
Registrar to say he will not. Plaintiff: Can you advise how I can proceed to get the debt? The Judge: I don't know that I can. I am afraid you will lose the
debt, unless the young man is honourable and pays you when he can. |
Southeastern Gazette 2 March 1868.
County Court. At the usual sitting of this court, on Friday week, the following
case was heard:—W. H. Jacobs v. Ernest Farnworth. A claim for £4 4s.
10d. Defendant had an immediate order against him, made by default at the
last court, and now appeared to say that he was out of employ, and
without any means of meeting the demand. His father was Surveyor of
Customs, and would proceed to Glasgow in a fortnight. He objected
and refused to pay the claim, as it was incurred at billiards. This
was disproved by plaintiff’s books, his Honour remarking to
defendant, “Well, you seem to have enjoyed yourself at his expense.” Plaintiff pressed for immediate committal, but this was refused by
his Honour, who said that plaintiff was bound first to prove that
defendant had the means of paying, and that all he could do was to
hope that defendant would be honourable and pay the debt as he had
promised, with the first money he had. The plea of minority
defendant set up now was too late; it should have been urged at the
hearing of the case. |
Southeastern Gazette 9 November 1868.
Local News. At the Borough Police Court, on Saturday, before Capt. Vennicott,
R.N., and Mr. Tolputt, Mr. Jacobs, of the Albion, Bouverie Square,
was fined £4 and costs for having his house open on Sunday afternoon
last. |
Folkestone Observer 14 November 1868.
Saturday, November 7th: Before Capt. Kennicott R.N., and Alderman
Tolputt. William Henry Jacobs was charged with having his house, the Albion
Hotel, open between the hours of three and five in the afternoon of
Sunday, the 1st instant. P.C. Hills said: On Sunday afternoon about half past four I visited
the Albion Hotel. I opened the door and went into the bar. Defendant
was there; there were also in front of the bar three civilians. They
were not drinking. I then went into the parlour and saw three
soldiers sitting round the fire with their hats and belts off. They
had a quart pot on the table, about half or three parts full of
beer. I then told defendant he had no business to have the soldiers
there. He said they came in at one, and he had forgotten they were
there. He wanted me not to report him. I told him I must. Cross-examined by Mr. Minter: Mr. Jacobs was not looking at a
timetable. He said nothing about a train. The Bench fined £4 and 10s. costs, in default one month's
imprisonment. |
Folkestone Express 14 November 1868.
Saturday, November 7th: Before Captain Kennicott R.N. and Alderman
Tolputt.
W.H. Jacobs, of the Albion Hotel, was charged with keeping his house
open on Sunday, the 1st. instant, between the hours of three and
five in the afternoon. Mr. Minter appeared for the defendant.
P.C. Hills deposed that he went to the house on that day at about
quarter to four. He found three civilians in front of the bar, whom
he did not know. They were not drinking. He asked the defendant if
there was anyone else in the house. He made no answer that he could
understand, so witness went into the parlour and found three
soldiers sitting round the fire with their belts and caps off, with
a pot of beer partly drunk on the table, and two glasses. One of the
soldiers asked him to have some; he just tasted it to be certain it
was beer. The defendant said he had quite forgotten they were there,
as he had been asleep for two hours, and he drew them the pot of
beer just after they came in at one o'clock. He asked him not to
report it.
By Mr. Minter: Mr. Jacobs was talking to the men in front of the
bar. He was not looking at a timetable.
Mr. Minter said that he did not find any fault in the evidence, but
it was no offence to have people in their house between three and
five. The offence was selling beer, and then the prosecution must
prove that the people are not travellers. The police did not know
these persons, and that was hardly a possible thing to exist if they
had belonged to this town. They were travellers who had called in to
ask Mr. Jacobs the time the train started, and he was looking at a
timetable for them. As to the three soldiers, it was no offence. The
fact of their having their belts and caps off showed that they had
been there for some time.
The Bench were satisfied that the offence had been committed, and
this was not the first, but the third time. They therefore fined him
£4 and 10s. costs.
|
Folkestone Express 21 August 1869.
Wednesday, August 18th: Before Captain Kennicott R.N., and J. Clark
Esq. William H. Jacobs, of the Albion Hotel, was summoned for having his
house open before half past twelve on Sunday last. P.C. Hills said: Last Sunday morning I was on duty, and I visited
the defendant's house at ten minutes to twelve o'clock. I went to
the front door, half of which was standing wide open; this door
leads into the passage. I turned into the bar. Three men were there
whom I know; a man named Hoad, plasterer, Stevens, shoemaker, and
Tribe, a labourer. On the counter was a glass and tumbler half full
of beer. I saw the defendant in the little bar parlour when I went
in, and I said to him “Do you know what time 'tis? I should have
thought you had caution enough”. He replied “I am sorry, and I hope
you will not report me, for I did not know these people were in the
house”. There is nothing but glass between the parlour and bar. The defendant said: I had just come downstairs, and went into the
parlour reading an income tax paper. I did not notice anyone in the
bar till the policeman came in, as they made no noise, and a curtain
hangs in front of the glass preventing anyone from looking out or
into the parlour. My sister let the people in; she was unacquainted
with the rules, not having been in my place very long. The front
door was left open for my brother who was expected down from London,
and he came in just as the policeman was leaving. The Magistrates were sorry to see the defendant brought before them
the third time for this offence. He had already been fined £2 and
costs, and £4 and costs, and now they must inflict a penalty of £5
and 10s. costs, and caution him not to keep his door open in future. |
Southeastern Gazette 23 August 1869.
Local News. W.H. Jacobs, the proprietor of the Albion Hotel, was summoned on
Wednesday for opening his house on Sunday morning last for the sale
of beer. P.C. Hills proved the case. The Bench said this was the third offence, and the least they could
do would be to fine the defendant £5 and 10s. costs. |
Folkestone Express 28 August 1869.
Wednesday, August 25th: Before Captain Kennicott R.N., W. Bateman.
J. Tolputt, A.M. Leith, and J. Gambrill Esqs. Spirit License (Renewal). William Henry Jacobs applied for a continuation of the license of
the Albion Hotel. Mr. Martin alluded to the fining of the applicant
for having his house open on Sunday morning. The Magistrates
suspended their decision until the adjourned meeting, when they
would make further enquiries into the circumstances. |
Folkestone Observer 11 September 1869.
Wednesday, September 8th: Before Capt. Kennicott R.N., James Tolputt,
A.M. Leith and W. Bateman Esqs. The following public houses was granted a spirit license: Albion
Hotel, W.H. Jacobs. |
Folkestone Express 11 September 1869.
Wednesday, September 8th: Before Captain Kennicott R.N., A.M. Leith
and J. Tolputt Esqs. Adjourned Licensing Day. Spirit license was granted to W.H. Jacobs, of the Albion Hotel. |
Southeastern Gazette 13 September 1869.
Local News. On Wednesday last, the adjourned licensing meeting was held at the
Town Hall, before W. Bateman, Esq., Captain Kennicott, R.N., J.
Tolputt, Esq., and A.M. Leith, Esq. A spirit licence was granted in the case of the Albion Hotel. |
Folkestone Observer 24 March 1870.
Monday, March 21st: Before The Mayor and J, Tolputt Esq. Alfred Huntley, of Folkestone, was charged “that he, being a servant
of Mr. Henry Jacobs, proprietor of the Albion Hotel, Bouverie
Square, did feloniously steal two keys, the property of his master.” Before giving evidence Mr. Jacobs asked permission of the Bench to
withdraw from the prosecution. The Magistrates' Clerk said that if he had not wished to press the
charge he should not have given the prisoner into custody. Were the
magistrates to allow him to withdraw they would be compromising a
felony. The Bench decided that the case must be proceeded with. Mr. Jacobs was then sworn, and said: The prisoner has been in my
employ as waiter and general servant for about three months. On
Saturday evening last I missed the key of the till. I had previously
missed the key of the private bar, which was usually kept in the
door, but as I thought it might have fallen out I didn't trouble
much about it, as I have another key to fit the same door. They key
of the till was usually kept in the till, but sometimes it was
placed on a shelf opposite. About midnight on Saturday I missed the
key of the till, and as I had previously missed the other key I
suspected that something was wrong, and I stopped up in the bar
parlour, which is behind the bar. About half past eight on Sunday
morning the door was unlocked from outside and opened. The prisoner
came in and peeped into the room where I was sitting. When he saw me
he drew back, and I jumped up to run after him. He ran out through
the kitchen and scullery into the yard, where he threw from him
something which appeared to me to be a key, and it afterwards proved
to be the key of the till. I searched for the key for some time, the
prisoner helping me, but we could not find it. I asked him
afterwards why he took the keys. He replied that he went out the
previous evening and he was afraid he must have had too much to
drink, for in bringing some glasses from the coffee room to the bar
(as was the custom) he saw the key of the till lying on the shelf,
and was tempted to take it, but during the night he was sorry for
it, and having found the key of the outer door, which was missing,
he thought he would return the key of the till without my knowledge.
Having searched for the key some time, and the search being
unsuccessful, I sent for a policeman, and P.C. Richard Sharpe came
and I gave the prisoner into custody. Afterwards we searched the
yard again and found the key of the till. The key of the outer door
was left in the door by the prisoner when he unlocked it. The keys
are worth about 2s. to me. P.C. Richard Sharpe proved taking the prisoner into custody. Mr. Jacobs asked the Bench to be merciful to the prisoner as it was
his first offence, and if they would discharge him he would take him
back to his service again. The magistrates, after deliberating on the case, told the prisoner
he had had a narrow escape of being sent to prison, and thanks to
Mr. Jacobs' intercession they would discharge him this time, but a
second appearance before them would probably lead to two or three
months' imprisonment. The prisoner was then discharged. |
Folkestone Chronicle 26 March 1870.
Monday, March 21st: Before the Mayor and J. Tolputt Esq. Alfred Huntley was charged with stealing two keys, value 2s., the
property of Mr. Henry Jacob, his master. Mr. Jacob, of the Albion Hotel, deposed that on Friday he missed the
key of the private bar, and on Saturday night, finding the key of
the till which was inside missing, he determined to sit up and
watch. About eight o'clock on Sunday morning he heard the door
unlocked from the outside, and prisoner came in, but started back on
seeing him and ran away. Witness followed him through the kitchen
and scullery into the yard, where prisoner threw something (which,
after a long search, proved to be the key of the till) into a heap
of faggots. Prisoner told him that he was drunk the night before and
took the key of the till, and that having found the key of the bar
he was going to replace the key of the till without his master
knowing it. He gave prisoner into custody. P.C. Sharpe deposed to apprehending the prisoner on the charge of
stealing two keys. Prisoner made the same statement as he did to the
prosecutor, and in reply to witness said he threw the key into the
faggot heap because he did not wish prosecutor to find it on him. Prisoner pleaded Guilty, and elected to be tried under the Criminal
Justice Act. Prosecutor recommended him to mercy, and said that he
would take him back into his employment, and under the circumstances
the Bench discharged prisoner with a caution. |
Folkestone Express 26 March 1870.
Monday, March 21st: Before The Mayor and J. Tolputt Esq. Alfred Huntley, 19, employed at the Albion Hotel, was charged with
stealing two keys, the property of his master. Mr. W.H. Jacobs said: I am proprietor of the Albion Hotel. (Witness
here asked permission to withdraw the charge, but this was not
granted.) The prisoner was in my employ as a general servant and
waiter, and has been with me three months. On Friday last I missed
the key of the private bar. It was generally kept in the door, and I
did not trouble about it as I thought it might have fallen out. On
Saturday night I missed the key of the till when I went to take the
money out. The key was usually kept on a shelf behind the bar. I
waited up the whole night in the bar parlour, as I suspected there
must be something wrong. About half past eight o'clock on Sunday
morning the door was opened by the prisoner, and he came through and
looked over the top of the top of the door leading from the bar to
the parlour. Directly he saw me he turned and ran away through the
kitchen. I followed him; he ran into the yard and threw what
appeared to me to be a key from him. I caught him and asked him why
he did it. He replied that he went out the previous evening and had
too much to drink. In bringing out some glasses from the coffee room
to the bar he saw the key of the till lying on the side and was
tempted to take it. In the morning he was sorry for what he had
done, and finding the key of the outer bar he thought he would
return the till key without my knowledge. I gave the prisoner into
custody. I found the key afterwards in the yard. The keys are worth
about 2s. P.C. Sharpe deposed to taking the prisoner into custody. He charged
him, when he said he was sorry for what he had done, and he meant to
put the key back again. The prisoner pleaded Guilty to the charge. Mr. Jacobs said he believed the prisoner was really sorry for what
he had done, and if the Magistrates would dismiss this charge he
would willingly take the prisoner into his employ again and give him
another chance. The Mayor said they had come to the conclusion to accede to Mr.
Jacobs' request and dismiss the charge. The prisoner had had a very
narrow escape and he hoped it would act as a warning to him in
future. |
Folkestone Chronicle 23 April 1870.
Friday April 22nd: Before W. Bateman and J. Tolputt Esqs. His
Worship the Mayor was also present during part of the proceedings. John Johnson and John Smith, two tramps, were charged with wilful
and malicious damage. William Henry Jacobs, proprietor of the Albion Hotel, Bouverie
Square, said: Yesterday the prisoners came to my house in the
morning, and again between three and four o'clock. They had some
refreshments which the paid for quietly and civilly. A man named
Foster came in, and after a while I heard some quarrelling, and
going into the tap room found them quarrelling together. Smith
struck Foster, who is afflicted, and I called him a cowardly rascal,
threatening to put him out. He again struck Foster, and I went round
the bar to protect Foster. Smith then took up a pewter measure,
which he held up in a threatening manner. I took the measure from
him, and went behind the bar. As I was going I felt a blow on the
back of my head. I came back, threw him on the ground, and held him
for a moment. When I let him get up he aimed a blow at me again, but
I avoided it and threw him down again, intending to hold him until a
policeman should come. In a moment or two he made an attempt either
to take or break my watch chain, and I struck him in the face. I
lifted him by his waisbelt, put him out of my back door, and
fastened it. I went out of the front door and saw him pick up some
large stones and run round from the back to the front of the house.
I knocked him down with the stones in his hand, his arm being raised
as if to throw a stone through one of my windows. Jackson then came
up and tried to kick me on the head while I was holding Smith down.
I kept off the kicks with my arms. I called to Mr. Wightwick, who
was standing by, to keep the rascal off, but he took no notice, and
I went towards my front door, but Johnson, with a screwdriver or
some other instrument, threatened me if I came towards him, and I
went into the house by the back way, and got to the front just in
time to see both prisoners throw stones through the windows of my
front bar. The three stones produced are some of the stones thrown
by the prisoners, which were picked up inside the house. Three of
the glass panes were broken in the bar front window, the passage
front door window, and one square of the inner bar window. The value
of the damage done is £5 15s. Johnson said “It was me, gentlemen, as broke his windows”. Alfred Huntly, waiter at the Albion, said about five o'clock
prisoners were in the house drinking, and there being a row he was
sent for a policeman, and on coming back with P.C. Ovenden he saw
prisoners throw three or four stones each at his master's window. He
afterwards picked up two stones inside the bar. P.C. Ovenden deposed that he was sent for on Thursday afternoon, and
that as he was coming up by Christ Church Schools with last witness
he saw prisoners pick up stones and throw at the windows of the
Albion. He heard the glass smash. Smith saw witness coming, and
dropped a stone from his hand, and went across the wall of Col.
Hewett's house, where he picked up a child, and Johnson lay down by
him. He took both prisoners into custody, and brought them to the
station. Prisoners have been in custody here before, and on several
occasions have had to be turned out of different houses. Mr. Page, plumber and glazier, was called and estimated the damage
at £5 15s. Prisoners were ultimately committed for trial at the next ensuing
Quarter Sessions, which will be held on Tuesday next, at the Town
Hall. |
Folkestone Express 23 April 1870.
Friday, April 22nd: Before The Mayor, W. Bateman, and J. Tolputt
Esqs. John Johnson and John Smith, two young men, were charged with
breaking windows at the Albion Hotel. Mr. W.H. Jacobs deposed as follows: The prisoners came to my house
yesterday about three or four o'clock in the afternoon and called
for some beer in the usual way; they paid for it; they appeared
quite quiet and civil. A short time after that a man named Foster
came in for some beer. He had not been there five minutes before I
heard them quarrelling, and I came out in front of the bar and asked
the prisoner Smith to be quiet or go into the tap room. The next
thing I saw was that he struck Foster in the face. I then said “Do
not strike him. The man's afflicted and cannot help himself”. He
then struck him twice in succession on the face. I called him a
cowardly rascal and threatened to put him out, and went round the
bar to prevent Foster being struck by him. He then caught hold of a
pewter measure and held it in a threatening manner. I caught hold of
him and pulled it out of his hand. I went behind the bar and turned
to go in the room, when I received a blow at the back of my head
from his fist. I lifted the flap up, came out again, and threw him
to the ground, and kept him down for a moment and thought he would
be quiet. He no sooner got up than he made a blow at me again. I
avoided the blow and knocked him to the ground. After holding him
down he attempted to break my watch and chain. I then struck him in
the face and took my watch and chain off and gave it to my wife. She
advised me to put him outside the back door. This I did, imagining
he would be quiet. I then walked to the front and saw him picking up
some large stones. I ran out as fast as I could and knocked him down
to prevent him breaking the windows and intended holding him there
till the police came. Nothing was said about breaking the window,
but he had his arm raised in the position of throwing. The other
prisoner then came up and tried to kick me on the head; he did not
succeed because I prevented him with my arm. I called to Mr.
Wightwick to keep the rascal off, but not hearing me he did not. A
scuffle ensued and one of the bystanders (I rather think it was Mr.
Wightwick) advised me to go into the house. I went, but on
attempting to enter the front door the prisoner (Smith) prevented me
from going that way as he threatened me with a chisel or
screwdriver. I then went round the back way, and was going towards
the front when I saw the prisoners throwing stones through the glass
windows in the front bar. The prisoners were standing in the road.
The three stones produced are those that came through the window.
All the glass broken is plate glass. They broke three front bar
windows, front door window, the passage window, and the window of
the small bar parlour, four of them plate glass. He damage amounted
to £5 15s. P.C. Ovenden took them into custody. Alfred Huntley, porter and waiter at the Albion Hotel, said he
fetched a policeman, and he saw the prisoners throw the stones. P.C. Ovenden deposed to taking the prisoners into custody in the
Bouverie Road, opposite Col. Hewitt's. The prisoner Smith had a
child, which he believed was his own. Witness had known the
prisoners for a long time; they had been in custody before on other
charges. Mr. Joseph Page, plumber and painter, said the damage done amounted
to £5 15s. The prisoners made a rambling defence, and were committed for trial
at the Quarter Sessions. |
Folkestone Observer 28 April 1870.
Friday, April 22nd: Before The Mayor, W. Bateman and J. Tolputt Esqs. John Johnson and John Smith, two ruffianly looking fellows, were
charged with malicious damage to the property of Mr. W.H. Jacobs. Mr. Jacobs, of the Albion Hotel, Bouverie Square, deposed: On
Thursday last the prisoners came to my house in the morning and went
away, returning between three and four o'clock in the afternoon.
They called for some refreshments in the usual way, and paid for
them quietly and civilly. Some time after a man named Foster came
and called for some beer and I went out and sat in the bar parlour.
After a little while I heard a quarrel, and when I went in and
desired them to be quiet, and asked Smith to be quiet and go into
the tap room, he immediately struck Foster in the face. I told him
not to strike him as the man was afflicted and couldn't help
himself. He then struck him on the face two blows in succession. I
called him a cowardly rascal, and threatened to put him out. I went
round the bar to protect Foster, and Smith caught hold of a pewter
measure and held it up in a threatening manner. I seized it and
pulled it out of his hand. I then went back to the bar side of the
counter, thinking that they might be quiet, and as I was going I
received a blow on the back of the head, which I believe was given
by Smith's fist. I lifted the flap again, came out into the outer
bar, and threw him on the ground, but I am not sure whether I struck
him. I kept him down for a little while, and thinking he might be
quiet I let him get up. He had no sooner done so when he aimed
another blow at me. I warded the blow and threw him down, intending
to keep him there till the police, whom I sent for, arrived. After
holding him down a few minutes he made an attempt to take or break
my watch chain, and I struck him in the face to make him loose his
hold. I then took my watch and chain off and handed them to my wife,
who advised me to put him out of the back door and fasten the door.
I put him out and fastened the door. I then walked round to the
front bar and saw him look up to the window and pick up some large
stones from the road. I ran out as fast as I could and knocked him
down with the stones in his hand, and intended holding him there
till the police came. Presently the other one, whom I had missed for
a little time, came up and tried to kick me on the head. I put my
arm up and partially prevented him. I called out to Mr. Wightwick,
who was standing by, to come and take the rascal off. He did not do
so, and as it was becoming dangerous, I jumped up to knock Johnson
down, but Smith was up almost as soon, and I followed him. Someone
said “You had better go in, and they will be quiet”. I thought it
was good advice, and was about to go in, when I saw one of them
holding up a chisel or something in a threatening manner, and I
therefore went into the back door, the prisoner following me with
this instrument as far as the arch. I went to the front of the
house, and was in the bar in time to see them throwing stones from
the road through the bar windows. The three stones produced were
picked up inside the house. One of them went through two glass doors
– one at the front and the other going into the passage. Altogether
six windows were broken – three in the front bar, a passage window,
the window of the small parlour, and the front door. Four of the
windows were plate glass. The damage amounts to £5 15s. I ran out
when I saw the prisoners throw, and I saw the policeman take them
into custody. Johnson: It was me that throwed the stones when he caught hold of
me. Alfred Huntley, porter and waiter at the Albion Hotel, saw the
prisoners about five o'clock, when they came to the house, and
hearing a little noise went and saw his master under another man. He
was sent for the police, and on his return with P.C. Ovenden, when
opposite Christ Church Schools, saw the prisoners in the middle of
the road throwing stones at the windows of the Albion. When they saw
the policeman they went back to the wall beside Colonel Hewitt's and
stood there till the policeman came to them. He afterwards picked up
a stone between the blind and the window in the bar. P.C. Ovenden stated that he went to Bouverie Square, and was
proceeding up the road, opposite the Christ Church Scools, when he
saw the two prisoners in a stooping position, apparently picking up
stones. He saw them rise and throw something, which was followed by
a smashing of glass. They threw towards the Albion two or three
times. The prisoner Smith, when rising the last time, noticed
witness, and he then walked towards the wall of Colonel Hewitt's
garden, and picked up a child which was standing by the wall.
Johnson, when he saw witness, went and laid down on the pavement
near to the other prisoner. Witness had known the prisoners before;
they had been in custody several times. Mr. James Pledge, plumber and glazier, Sandgate Road, deposed that
the damage done would amount to £5 15s. Smith said they were in the public house all day; hardly out of it
ten minutes. His little boy began crying, and the master said he
could not stand such a noise as that. He told the master that he
could not stop the child, and he came round and commenced pushing
him about, dragged him out into the road, knelt upon him, and
punched him in the face. Two gentlemen cried “Shame” on him for
doing it, and but for Johnson he would have been strangled. Johnson stated that during the time the others were out he was
sitting in the bar and did not interfere. The prosecutor afterwards
had the other prisoner on the floor punching him. He interfered with
him and told him not to do it and he then held him and tore his
clothes. Afterwards Mr. Jacobs took Smith out of the door and
another man had hold of his clothes during this time and used him
fearfully, and when he came out he saw Mr. Jacobs on Smith, and Mr.
Jacobs threatened him if he would insist on trying to get him off.
Mr. Jacobs afterwards got up after him, and before Smith could get
on his feet he ran in the front door, at which he picked up a stone
and threw at the door. Two gentlemen opposite told him not to be so
foolish and they would summons Mr. Jacobs for ill-using him. He
never saw Mr. Jacobs again till the morning. The prisoners were committed for trial.
Quarter Sessions Extract. Tuesday, April 26th: Before J.J. Lonsdale Esq. The Grand Jury retired for a few minutes, and on their return
announced that they had found a true bill against John Smith and
John Johnson for wilful damage to the property of Mr.Jacobs. As the
prisoners pleaded guilty, the only evidence given was that of Mr.
Page, who deposed that the amount of damage done was £5 15s. After
some questions to the prisoners, and to the police as to their
character, the prisoners were sentenced to a calendar month's
imprisonment with hard labour. |
Folkestone Chronicle 30 April 1870.
Quarter Sessions. Tuesday 26th April: Before J.J. Lonsdale Esq. John Smith and John Johnson pleaded guilty to a charge of smashing
the windows of the Albion Hotel, Bouverie Square, causing damage to
the amount of £5 15s. Prisoners were committed to one month's hard
labour each. |
Folkestone Express 30 April 1870.
Quarter Sessions.
Tuesday, April 26th: Before J.J. Lonsdale Esq.
William Johnson and John Smith were placed in the dock and charged
with a misdemeanour, viz., breaking six panes of glass at the Albion
Tavern, Bouverie Road, on the 21st of April, 1870, the damage done
amounting to £5 15s.
Mr. F.J. Till appeared for the prosecutor, Mr. W.H. Jacobs.
The prisoner Johnson pleaded Guilty.
Smith said: I am guilty of throwing one stone, but I don't know if
it hit the window or not, but the landlord struck me on the back,
face, and arm. (The prisoner here bared his arm to show the bruise.)
In answer to the Recorder he said – For the last five or six years I
have lived at Dover. I do any kind of work, and every two or three
months I come to Folkestone for a job. We came to Folkestone
together. Mr. Joseph Page was called, and deposed to the damage done amounting
to £5 15s. The Recorder (to the prisoners): Have you anyone to speak to your
character? Smith: I have no-one that will say anything against my character. Superintendent Martin said he had them both in custody on the 7th of
October, 1868, for being drunk and riotous, and they were fined. Smith: Well, I paid the 8s. 6d. The Recorder: I suppose when you had done that you thought you had a
perfect right to commit another offence? Smith: No, Sir. If I am punished, you only punish my wife and child.
I never did a “ha'poth” to the prosecutor, and he beat me. I only
threw one stone; if it hit the window, I don't know. The Recorder: You have rendered yourselves liable to two years'
imprisonment, and although I shall not send you for the full term, I
hope the punishment will be a caution to you. I sentence you to one month's imprisonment with hard labour. This finished the business and the Court rose. |
Folkestone Chronicle 5 October 1872.
Wednesday, October 2nd: Before J. Tolputt, J. Clark, and T. Caister
Esqs. William Henry Jacobs was charged with keeping his house (the Albion
Hotel) open during prohibited hours on Wednesday the 25th instant. Defendant pleaded guilty to the charge, and said he offended quite
in ignorance. He heard, on what he believed was good authority, that
the magistrates had, on the day he was charged with breaking the
law, extended the hours until 12 o'clock, and accordingly he kept
his house open, being unaware that any special time should elapse
before the Act should come into operation. P.C. Swain said that on the night in question he went to defendant's
house. He went in and saw light in the bar. There were six leaving,
some coming out the back way, and some out of the front. The
landlord said he was unaware that he was offending the law, as he
did not know that any particular time should elapse before the
extension of hours granted that day should come into operation. Defendant: How was I to know when the change was to commence? I had
no official intimation. Mr. Tolputt: You ought to have ascertained. The Magistrates' Clerk: The reason you give is no excuse. You are
liable to a fine of £10 for the first, and of £20 for the second
offence, and your license can be endorsed. Mr. Caister: Mr. Martin told you that the regulations were to remain
in force until further notice. Defendant: I understood that the notice was done away with by the
decision of the magistrates on that day to extend the hours. Was it
likely that I should run the risk, gentlemen, otherwise, considering
the heavy penalties attached to disobedience of the law? The Bench, after a consultation, decided upon inflicting a fine of
20s. and costs, but the license not to be endorsed. George Parker, William Tyas and Henry Daniels were charged with
being in the Albion Hotel tap room during prohibited hours. The
defendants pleaded guilty, and said that they had no idea but that
they were doing right in being there, as Mr. Jacobs had told them
the hours were on that day extended. P.C. Swain stated that all
defendants were sober, and told him they were labouring under a
misapprehension, and had no idea of breaking the law. The Bench
fined each – in consideration of the circumstances – 1s. and 9s.
costs. |
Folkestone Express 5 October 1872.
Wednesday, October 2nd: Before J. Tolputt, T. Caister and J. Clarke
Esqs. William Henry Jacob, Albion Hotel, Bouverie Road, was charged with
having his house open during the hours prohibited by the Licensing
Act on the 25th September. Defendant said: Of course I am Guilty, but it was done in ignorance.
I had heard that the house might be kept open until 12 o'clock. The
doors and shutters were open, and there was no attempt at
concealment. I am very sorry I have done so. P.C. Swaine, without being sworn, said he saw lights in defendant's
house on Wednesday night between 11 and 12 o'clock. He went into the
house and saw five men in front of the bar, two of whom were about
to go out. Defendant said two of the number were lodgers, and he was
not aware but that an extra hour had been granted. Defendant: I knew nothing about the month's notice, not that notice
would be given. I had it on respectable authority that the time had
been extended to 12 o'clock. The Clerk: You ought to have been more particular in ascertaining
the facts. Supt. Martin: Everyone had notice of the hours fixed on the
licensing day, and was told that the order would be in force until
further notice. Defendant: The only notice I had was that the hours were 11 on week
days and 10 on Sundays. The Clerk: You are an old offender. Your ignorance of the month's
notice does not excuse you, but it may go towards a mitigation of
the penalty. Defendant: I believe I conduct my house as well as anyone, and I am
not aware that there are any complaints against me. The Clerk: The penalty is £10 for the first offence, and £20 for the
second, and the conviction must be recorded on the license, and you
would be disqualified for five years and your house for two years. Defendant: I knew an order had been made that day for an extension
of time, and it is unreasonable to suppose that I would willingly
and knowingly run the risk of being fined. Supt. Martin: It is not the duty of the police to give publicans
notice of alterations. Mr. Tolputt: The magistrates do not wish to strain the law. We shall
impose the lowest penalty in our power, viz. £1 and 9s. costs. Defendant: I hope my license will not be endorsed. The Clerk: It will not this time. George Parker, ---- Tyas, and Henry Daniel, fly drivers, were
summoned for being in the Albion Hotel during prohibited hours on
the 25th September. All three pleaded Guilty, and said they were under the impression
that the hour had been extended to 12 o'clock, and were told so by
Mr. Jacob. In answer to the Bench, P.C. Swaine said the defendants were all
sober, and there was no noise in the house. Mr. Tolputt: If the house had not been open defendants would not
have been there. They must pay a fine of 1s. and 9s. costs. |
Folkestone Express 30 August 1873.
Wednesday, August 27th: Before The Mayor, J. Gambrill, J. Tolputt,
and J. Clarke Esq. Annual Licensing Meeting. The licensing committee met at ten o'clock for the purpose of taking
into consideration the question of making any alteration in the
hours for opening and closing public houses. Shortly after eleven
o'clock the licensed victuallers present were called into Court,
where the Clerk said the Bench would hear anything with reference to
the alteration of the hours for the opening and closing. Mr. Jacobs, of the Albion Hotel, Bouverie Road, said it would be a
convenience if the public houses were allowed to keep open until
eleven on Sunday nights during the summer season, remarking that
many strangers who were under the impression that the houses were
open until that hour came after ten o'clock, and were subsequently
unable to obtain refreshments. The Mayor said the Magistrates had considered the matter and had
determined to adhere to last year's arrangement, namely, to close at
twelve o'clock on week nights and ten o'clock on Sunday nights. |
Southeastern Gazette 2 September 1873.
Local News. The annual licensing meeting was held on Wednesday, when the
magistrates present were J. Hoad, Esq. (Mayor), J. Gambrill, J.
Tolputt, and J. Clark, Esqrs. Mr. Jacobs, of the Albion Hotel, Bouverie Road, suggested an
extension of hours on Sunday evenings to eleven o’clock, for three
months in the year. After consideration the Mayor stated that the
magistrates could not accede to the application; the time would
remain unaltered, viz., from 5 a.m. to 12 p.m. on week days, and
according to the Act on Sunday, viz., until 10 p.m. |
Folkestone Express 8 November 1873.
Monday, November 3rd: Before The Mayor, J. Tolputt, W. Bateman, J.
Clark, J. Kelcey and R.W. Boarer Esqs. William Henry Jacobs, Albion Hotel, was summoned on a charge of not
attending to be sworn in as a Special Constable of the Borough on
the 31st October. Police sergeant Reynolds said he served the summons on defendant's
wife, who told him defendant was in London. The summons stated the
hour at which defendant was to attend the Court, namely Friday
morning at ten. Defendant said his wife was unwell, and was, in consequence, late
before she came downstairs on Friday morning, and he came to Court
as soon as she came down. Having no-one to attend the bar, he could
not leave his business until a little before 11 o'clock. The Mayor said defendant had rendered himself liable to a penalty of
£5, but under the circumstances he would only be fined 5s. and 9s.
costs. Defendant paid the money, and was sworn in a Special Constable. |
Folkestone Chronicle 23 May 1874.
Wednesday, May 20th: Before The Mayor, J. Tolputt, R.W. Boarer and
J. Hoad Esqs. Henry Jacobs, landlord of the Albion Hotel, was charged with keeping
his house open during prohibited hours. P.C. Bourne said that between twelve and one o'clock he saw some men
enter the Albion. He passed the house at a quarter past twelve, when
he saw men in the bar, with liquor before them. They said they were
travellers. Defendant said the men told him they were travellers. The Bench determined to reserve their decision until the next case
arising out of this was heard. Richard Cooper and Charles Smith pleaded guilty to being in the
Albion during prohibited hours on Sunday last. The Bench retired for consultation, and on their return the Mayor
said he was sorry that this was the fifth offence on the part of the
defendant, and the Bench were doubtful whether they ought to inflict
the full penalty of £20. They would inflict a penalty of £10 and
10s. 6d. costs, as it was not in their power to impose a less fine.
The license would be endorsed, and if brought before them again the
full penalty would be inflicted, and probably the license forfeited.
He must have been aware the men were not travellers. Cooper and Smith were fined 5s. and 8s. costs. |
Folkestone Express 23 May 1874.
Wednesday, May 20th: Before The Mayor, J. Tolputt, J. Hoad, and R.W.
Boarer Esqs. Henry Jacobs, Albion Hotel, Bouverie Road, was charged with opening
his house during prohibited hours on Sunday, the 17th instant. Defendant, upon being called to plead, said he admitted men being in
his house at twenty minutes past one. P.C. Bourne, without being sworn, said: I was on duty in Bouverie
Road between eleven and twelve o'clock on Sunday morning, when I saw
several men go in and out of the Albion Hotel, about a quarter
before twelve. I passed the house again at a quarter past twelve,
when I saw the door under the archway open, and two men standing in
front of the bar with a glass of malt liquor before them. I asked
the defendant how he came to have his house open during prohibited
hours, and he said the men were travellers. Not being satisfied with
his answer I told him I must report the house, and I then got the
names of the men. Defendant: The men told me they were travellers, and it being twenty
minutes past one o'clock, I thought that as it was so near opening
time there would be not much harm done by letting them have a pint
of beer. I had seen them in the house before. Witness: I looked at the time on my watch, and compared it with the
Town Hall clock. Defendant: I got up about half past eleven or twelve that morning,
and I thought the men were sweeping the rooms. I only deny the time;
I do not deny the fact. I am guilty of having the men there at
twenty minutes past twelve. I plead Guilty, but with that
explanation. The Clerk: You can withdraw your plea of Guilty if you like.
Defendant: I have nothing more to say; only that they were
travellers. The Clerk: Do you wish to call them as witnesses? Defendant: No. The Bench decided to hear the next cases before giving their
decision. Richard Cooper and George Smith were charged with being in the
Albion Hotel on Sunday last during prohibited hours. Smith pleaded Guilty, as also did Cooper, who said he went in
because he saw the door was open. In answer to His Worship, Cooper said he had often been in the
Albion, and he had walked from Sandgate on Sunday morning. The Clerk to Cooper: Did you tell Jacobs that you were a traveller? Cooper declined to answer. Smith said he thought Jacobs knew him, and he thought the time was
up to himself. The Magistrates retired for consultation, and on their return into
Court The Mayor said to Jacobs: You have been brought before us, I
am sorry to say, for the fifth time. The Magistrates have not been
considering whether you are Guilty or not, because of that they are
well satisfied, but whether they should inflict the full penalty of
£20. This is a very serious offence, and we have no power to inflict
a less penalty than £10 with 10s. 6d. costs, or in default of
payment three months' hard labour. Your license will be endorsed,
and you know that means if you are again convicted you may lose it
altogether. It is quite clear you knew the men were not travellers. Addressing Cooper and Smith, His Worship said they were not so much
to blame, as they found the door open. They were fined 5s. and 8s.
costs each, or seven days' hard labour. |
Southeastern Gazette 23 May 1874.
Local news. On Wednesday the borough Magistrates fined Mr. Henry Jacobs, of the
Albion Hotel, £10, and 10s. 6d. costs, for haying his house open
quarter-past one on Sunday, being a quarter of an hour before the
time of opening. This was the fifth conviction, and the licence was endorsed, with
the intimation that in case of another conviction defendant would be
fined £20, and his licence would be forfeited. Two men who were in
the house were fined 5s. and 8s. costs each. |
Folkestone Express 29 August 1874.
Wednesday, August 26th: Before The Mayor, W. Bateman and J. Tolputt
Esqs. Annual Licensing Sessions. The seventy four licensed victuallers, twelve beershop keepers and
twenty three grocers and wine merchants had their licenses renewed,
with the exception of those named. The Albion Hotel: The renewal of the license to William Henry Jacobs
was opposed by the Superintendent on the ground of his having been
convicted of having his house open during prohibited hours, viz.:
October 22nd, 1872, when he was fined £1 and 9s. costs, and May
20th, 1874, when he was fined £10 and 10s. 6d. costs. Mr. Jacobs said he was very sorry, and did not know what he could
say. The Mayor said the Bench felt disposed to renew the license on this
occasion. They had received an intimation that the house was not
what it should be, and if he were convicted again they would have no
alternative as the license would be forfeited.
|
Folkestone Express 19 September 1874.
Saturday, September 12th: Before The Mayor and J. Tolputt Esq.
John Wood was charged with begging.
P.C. Keeler said: From instructions received from the
Superintendent, I watched prisoner along the north side of Bouverie
Square and saw him put his hand to his hat at every window. He went
into the Albion Hotel where I heard him ask a man to give him the
price of a pint of beer and I took him into custody.
Supt. Wishere said he saw prisoner in Shellons Street stop at seven
or eight houses and hold his hat up to the windows. Witness went in
advance of him to his own residence, Brookvale Villa, where prisoner
came and held up his hat. Witness went to the window and asked him
what he wanted, and he said “A copper to help a poor fellow on the
road”. Prisoner had a bundle containing about two gallons of broken
victuals.
Prisoner, who pretended to be deaf, made a stormy declamation
against the police, and after he was sentenced to one month's hard
labour he left the court using words not fit for ears polite, and
when he was introduced to the Governor of Dover Gaol it was found he
was an “auld acquaintance”.
|
Folkestone Chronicle 10 November 1877.
Saturday, November 3rd: Before R.W. Boarer, J. Clark, and W.J.
Jeffreason Esqs., Ald. Caister, and General Armstrong C.B. Alfred Marks was charged with stealing three hams, the property of
Mr. John Sherwood, provision merchant. Mr. Newport deposed: I am clerk to the prosecutor, who carries on
business at No. 3, Sandgate Road. Prisoner was in his employ as
porter. I saw him in custody last evening in the Superintendent's
office. He said he knew of what he was accused, and knew that he had
done wrong. He said he had sold three hams to Mr. Jacobs, of the
Albion Hotel for 6s. each. Their proper value is 12s. Supt. Wilshere deposed: Last night I exercised a search warrant at
the Albion Hotel. I found there in the kitchen the three hams
produced. I sent for Mr. Jacobs and said to him they were something
similar to those which were missing, and asked him if he wished to
say where he bought them. He said he bought them at many places, and
always paid ready money for them. I took the hams to the station. Mr. John Sherwood deposed: I am a grocer residing at No. 3, Sandgate
Road. Prisoner was in my employ as a porter. He had been with me
eight or nine years. It was not his duties to sell goods at all,
either in or out of the shop. I identify the hams produced by the
initials J.S., F., the marked weight, and the name Denny and Sons. I
did not authorise prisoner to sell these hams to Mr. Jacobs. John Goodspeed, a porter in the employ of the prosecutor, also
identified the hams. Mr. Sherwood applied for an adjournment until Thursday, which was
granted. Thursday, November 8th: Before W. Bateman, W.J. Jeffreason, R. W.
Boarer and J. Clark Esqs., Ald Caister, and Gen. Armstrong C.B. Albert Marks was brought up on remand, charged with stealing three
hams, the property of Mr. Sherwood. William Henry Jacobs, landlord of the Albion Hotel, surrendered to a
summons charging him with receiving three hams, the property of Mr.
Sherwood, well knowing them to have been stolen. Mr. Minter appeared to prosecute, and Mr. Mowle to defend Jacobs. Mr. Mowle asked for a remand, as he had only received his
instructions at seven o'clock the previous evening. The defendant
was, they must remember, placed in a very serious position, and he
was totally unprepared to go into the case then. He would accept any
day the Magistrates might select. Mr. Minter said he would ask the Bench to remember that Jacobs would
be charged with jointly stealing with Marks, as well as receiving. A
warrant might have been issued for his apprehension. He did not
oppose, considering the serious nature of the charge, any reasonable
application for an adjournment, and therefore would leave the matter
entirely to the discretion of the Bench. (After a consultation with Mr. Sherwood). Mr. Minter said that after the evidence already adduced the Bench
would see it was a most serious case, and naturally his client
thought that there should be a certain security for defendant's
attendance. Mr. Mowle said that Jacobs was quite prepared to be there when
called upon. The Chairman: The suggestion is, I suppose, that he should be
bailed? Mr. Mowle said that Jacobs was quite prepared to give his own
recognizances. He was a man of means, being absolute owner of the
Albion Hotel. Mr. Minter: I am quite satisfied to leave it with the Bench. Defendant was then bound over in his own recognisances of £100 to
appear on Saturday next. Mr. Mowle said that there was some evidence taken on Saturday, and
he should like to be supplied with a copy of it. Mr. Minter: I never heard of such application. On my part I can say
the case will be commenced de novo. Gen. Armstrong: The enquiry held was only plenary. Marks was then removed to his cell, and Jacobs left the Court. |
Folkestone Express 10 November 1877.
Saturday, November 3rd: Before R.W. Boarer Esq., General Armstrong,
Alderman Caister, and W.J. Jeffreason Esq. Alfred Marks, a porter, was charged with stealing three hams, the
goods and chattels of his master, Mr. John Sherwood, The Mayor. Mr. Newport, clerk in the employ of Mr. Sherwood, grocer, of
Sandgate Road, said: Prisoner was in Mr. Sherwood's employ as
porter. I saw him after he was in custody last night, in the
Superintendent's office. He knew on what charge he was in custody,
and said in the presence of Mr. Sherwood that he had done wrong. He
said he had taken the goods to Mr. Jacobs, of the Albion Hotel. He
told me so in the presence of Mr. Sherwood and his son. He did not
mention the date or time, but said he had taken them there to sell.
He said he had sold them, and that Mr. Jacobs had given 6s. each for
the hams. That would not be the selling price, as they would be
worth about 12s. each. He added that he had taken the hams during
the past month. Superintendent Wilshere said: I executed a search warrant at the
Albion Hotel this morning. I found three hams hanging in the
kitchen. Mr. Jacobs was present, as I had sent for him, and he came
down in his dressing gown. I read the warrant to him, and pointing
to the hams I said “Something similar to that is missing. Do you
wish to tell me where you bought them?” His reply was “I have bought
things at many different places, and I always pay ready money for
what I do buy”. I put a mark on the hams, and the last witness put
another, and I then took possession of them. Mr. John Sherwood said: I am a grocer, residing at 3, Sandgate Road.
Prisoner was in my employ as a porter. He has been with me several
years – eight or nine propably. It was no part of his duty to sell
things either in or out of the shop. He was only a porter. That (a
ham produced in a canvas cover) is one of my hams. There are my
initials “J.S.F.” on the canvas cover. The marked weight upon it was
put upon it by another porterin my employ. That (another ham) is
similar to others in my warehouse, and has the same brand upon it,
and there is the marked weight upon it by the same man. The third
ham is similar to the last. The man who marked them will be able to
further identify them. They are branded “Denny and Son”. The Clerk: Did you give the prisoner permission to sell these hams
to Mr. Jacobs? – Oh, no. Is Mr. Jacobs a customer of yours? – I don't know that he has been
for a very long while. Where were these hams kept? – Hanging in the warehouse on pegs and
nails driven into the ceiling. The selling price would be about 12s.
each ham. Mr. Jeffreason: Have you any idea when these hams passed out of your
possession? – Oh, no. We have so many. John Godspeed, a porter in the employ of Mr. Sherwood, identified
the hams by the marks he had put upon them. This was the whole of the evidence, and Mr. Sherwood then said he
would ask the Bench to remand the case till Monday or Tuesday for
further evidence. Mr. Minter, the solicitor whom he had employed to
prosecute, was unavoidably away from home, and therefore he should
wish the charge remanded. The prisoner was then formally remanded until Thursday.Thursday, November 8th: Before W, Bateman Esq., Alderman Caister,
General Armstrong, R.W. Boarer, W.J. Jeffreason, and J. Clark Esqs. Alfred Marks was charged on remand with stealing three hams, the
property of his employer, Mr. John Sherwood, grocer, of 3, Sandgate
Road. William Henry Jacobs, hotel keeper, proprietor of the Albion Hotel,
appeared to a summons charging him with receiving the hams, knowing
them to have been stolen. Mr. Minter prosecuted, and Mr. Mowll appeared for the defence of
Jacobs. After the charge had been read by the Clerk, Mr. Mowll said his
client only received the summons at seven o'clock on the previous
evening. It was a case involving a very serious charge against the
defendant – one of the most serious that could be brought against a
respectable man, or one holding the position of the defendant, and
he was utterly unprepared to go into the charge that day. He had,
therefore, to ask their Worships, before Mr. Minter opened his case,
to ask for an adjournment. He did not mind how early a day was fixed
– next Saturday would, as far as he was concerned, suit for the
investigation, but today he was utterly unprepared to go on with the
defence. Mr. Minter said the case was one against Marks and Jacobs jointly.
Marks was charged with stealing, and he proposed to charge Jacobs
with stealing as well as receiving and was prepared to go on with
the case. It might have been that a warrant had been issued, and
Jacobs taken into custody. He, however, did not like to oppose an
adjournment when asked for for the purpose of the defence, but he
must leave the matter in the hands of the Bench. The Chairman said under the circumstances the application was a very
reasonable one, and the case would be adjourned. Mr. Minter said there was one thing about the adjournment. He did
not want to make any charge against defendant except what would be
brought out in evidence, but it was a case of a very serious nature,
and his client thought there should be some security against
defendant's appearance. The Chairman: Oh, certainly; he will be bound over. Mr. Mowll said they were there in answer to the summons, and his
client was prepared to give his own recognisances to attend and
answer the charge. He was the owner of the house he occupied, and it
was not likely but that what he would attend. Mr. Minter repeated that he put himself entirely in the hands of the
Bench. Jacobs was then bound over to appear and answer the charges on
Saturday at eleven o'clock. Mr. Mowll asked for a copy of the depositions given in the charge
against Marks on Saturday because, as they were charged jointly,
that evidence would affect his client. The Bench thought the granting of the application would be
irregular. The man Marks was then further remanded till Saturday. |
Southeastern Gazette 12 November 1877.
Local News. At the Borough Police Court, on Saturday, before the Mayor and a
full bench, Albert Marks was charged on remand with stealing three
hams, the property of Mr. John Sherwood, grocer, and William Henry
Jacobs, proprietor of the Albion Hotel, was also charged on summons
with the theft. As Marks was to be called as a witness, at the request of Mr.
Montague Williams, who defended Jacobs, he was removed from Court. Mr. Minter opened the case for the prosecution. Marks, he said, had
made a clean breast of it, and it would appear that Jacobs suggested
to him that he might obtain goods from his master’s shop and let him
have them at half price. He would tell them that he had stolen from
his master’s house a quantity of eggs and other articles, including
three or four Dutch cheeses, and the greater part of a side of
bacon, all of which he sold at half-price. If they were satisfied
with his evidence Jacobs would be an accessory before the fact, and
as much guilty as Marks himself. He called Albert Marks, who said: I was a porter in the employ of
Mr. Sherwood, grocer, of Folkestone, for between eight and nine
years. I have known the defendant Jacobs for five or six years.
About two or three months ago he asked me to get him a ham. I told
him I would see if I could. I did get him one some considerable time
after that. I got it from Mr. Sherwood’s store. I can’t give the
exact date, but it was five or six weeks ago. He gave me 6s. for it.
Some little time after I got him another, which I stole from my
master’s store. I identify the hams produced by the marks on them. I
delivered them to him in the bar of his hotel. I took him the third
ham, which is wrapped in canvas, and has the initials “J. S. F,” and
the weight (10¼ lbs.), which I also stole, I took about 14 lbs. of
bacon to him. It was the thick end of the back. He paid me
altogether for that 16s. This was very nearly a month ago. I did not
tell him under what circumstances I got them, because he was
perfectly well aware of that. He asked me to get him other things as
well. He used to place them in a little trap door behind the
counter.
I have stolen Dutch cheeses from my master. Jacobs has frequently
asked me for some. I have taken him four. He has paid me 1s. 6d.
each for them. Cross-examined: I was a perfectly honest man before he asked me to
steal. He said to me one day, “Can you get me any hams?” I got the
hams upon that. I understood him to mean, “Can you rob your master
of hams?” I took them not long after, but I can’t say how long it
was after. Between the times of taking the two hams I had no further
conversation with him. He did keep asking me if I had got the ham. I told him that I could not get hold of it properly [laughter].
There was no further conversation. I began to try immediately he
asked me. John Connor said he was formerly in the service of Mr. Jacobs, and
left a fortnight ago on the previous Thursday. He had seen Marks at
the house. He generally went into the private bar. Sometimes he
(witness) was sent out for something if he was doing anything in the
bar. After Marks had left he had seen Jacobs take things into the
kitchen. He went and made a communication to Mr. Sherwood. At the conclusion of the evidence the magistrates retired, and on
their return the Mayor said they had unanimously decided to send the
case for trial by a jury. They consented to take bail, the prisoner
himself in £200, and two sureties i £100 each. Bail was not forthcoming, and prisoner was therefore taken to the
cells. An application was made for committal to the Assizes instead
of the Quarter Sessions, on account of the prejudice existing
against him, but refused. Mr. Minter said he did not propose to offer any evidence against
Marks, whom he asked to be bound over to appear as a witness. The affair has caused great excitement in the town. |
Folkestone Chronicle 17 November 1877.
Saturday, November 10th: Before The Mayor, General Armstrong C.B.,
Ald. Caister, R.W. Boarer, J. Clark and W.J. Jeffreason Esqs. Long before the opening of the Court, the approaches to the Town
Hall were crowded by those anxious to hear the case to be tried
before the Bench, and only a few could gain admission to the Court. Albert Marks was charged on remand with stealing three hams, the
property of Mr. Sherwood, grocer, and William Jacobs, landlord of
the Albion Hotel was charged with receiving the same, knowing them
to have been stolen. Mr. Minter appeared to prosecute, and Mr. Montagu Williams to
defend. Mr. Minter briefly opened the case by detailing the facts. Albert Marks, sworn, said: I was a porter in the employ of Mr.
Sherwood for between eight and nine years. I have known defendant
for five or six years. About two or three months ago he asked me to
get him a ham. I told him I would see if I could. I did get him one
some considerable time after that from Mr. Sherwood's store. It was
a Denny's ham, which I stole from my master's store. It was five or
six months ago. He gave me 6s. for it. Some little time after, I got
him another, which I stole. I identify the hams produced by the
marks on them. He gave me 6s. for the second ham. I delivered them
to him in the bar of his hotel. I took him the third ham, which is
wrapped in canvas, and has the initials J.S.F, and the weight 10 ¼
lbs., which I also stole. I took 14 lbs. of bacon to him. He paid me
altogether for that 15s. This was very nearly a month ago. I did not
tell him under what circumstances I got them, because he was
perfectly well aware of that. He asked me to get him other things as
well. He used to place them in a little trap door behind the
counter. I have stolen Dutch cheeses from my master. Jacobs has
frequently asked me for some. I have taken him four. He has paid me
1s. 6d. each for them. I have taken a great number of eggs to him.
The last time I took any was about eight or nine days ago. I saw a
police constable one day outside the house when I had taken in half
a dozen. I stole them from Mr. Sherwood's store. Jacobs gave me a
pint of beer for about half a dozen. In cross-examination witness said that he was a perfectly honest man
before defendant asked him to steal. When he asked him “Can you get
me some hams?”, he understood defendant to mean “Can you rob your
master of some hams?”. He took them not long after. He kept asking
if he had got the hams. He could not give any date, or any day of
the week, either with regard to the hams, the eggs, or the bacon. It
was in the daytime. He was taken into custody yesterday week. He had
seen no-one but the policemen since. The Superintendent asked him
why he had sent for Mr. Minter. He told him he wanted to broach the
whole subject. He thought he should be called as a witness. He
thought it would be much better because he would get more leniency.
Conner, defendant's porter, who was in the bar when he took the
first ham, was sent out. On the other occasion signs were made to
him to keep quiet. He left the ham without saying anything in the
doorway. He never said to Mr. Jacobs “I wonder you don't deal with
our firm more than you do. We could often send you business in the
summer”. Jacobs did not answer “Your firm is too expensive. I get my
goods cheaper elsewhere”. He never said to him “We have a splendid
lot of hams we can sell at a shilling a pound”. He was not always
paid at the time, but called when he liked for the money. They are
worth about 12s. each. These were the only articles that he stole.
His house was searched, but no stolen property was found there.
There were only some tins found belonging to his master. They were
biscuit tins, and quite empty when they left his master's premises.
His wages were 24s. per week. He was a married man with a family.
There were eight tins of Swiss milk found there. Their cost is 7d.
per tin. None of them came from his master's. John Goodspeed, porter to Mr. Sherwood, identified the hams as the
property of his master. They were worth about 1s. 3d. per pound. Supt. Wilshere repeated his former evidence, and in
cross-examination said: Jacobs said he should have no objection to
his taking the hams away. He found in Marks's house a few cloves and
five rough pieces of bacon, a biscuit tin containing 39 eggs,
another containing 17 eggs, two large biscuit tins; in the scullery
there was a tin containing 1 egg, and 12 empty biscuit tins, and in
the parlour cupboard four eggs and eight tins of condensed milk
wrapped in paper, and some sultana raisins. John Conner said he was formerly in the service of Mr. Jacobs. He
had seen Marks at the house. He generally went into the private bar.
Sometimes he was sent out for something, if he was doing anything in
the bar. After Marks had left he had seen Jacobs take things into
the kitchen. He went out and made a communication to Mr. Sherwood. Mr. Williams said he should not deny receiving the hams from Marks,
or that they were Mr. Sherwood's. P.C. Butcher and P.C. Hogben deposed to seeing defendant come up
with the cart and leave a parcel at defendant's place. Mr. John Sherwood said: The witness Conner made a communication with
him on Monday, the 29th, and in consequence he went to Bouverie
Square on the following Friday between six and seven. He saw Marks
pass in the cart, and he drove under the archway leading into the
mews. The hams were his property and are worth 12s. each. The
cheeses would be worth 3s. each, and the bacon from 11d. to 13d. or
14d. a pound. He had made enquiry and found some months back Jacobs
gave an order for some sugar. He knew of nothing else. The sugar was
not all supplied at the time, and he had some tins of soup instead. Mr. Montagu Williams, in the course of an elaborate defence, pointed
out that Marks was the only witness against Jacobs, who, on his own
showing, had perjured himself. He trusted the Magistrates would not
send Jacobs for trial on the evidence of a thief and a perjurer. The
defence was that Jacobs had honestly bought these things, and he
would bring witnesses to prove this. George Trice, carrier, called, said that he frequently went to Mr.
Jacobs' house. He went once when Marks was there. He heard Marks say
“It is a wonder you don't deal with my governor more than you do”,
and Jacobs replied “Your firm is too dear for me. I can buy my goods
cheaper”. Marks said he had got some nice hams in stock, and Jacobs
had better let him send him one. The price was 1s. a pound, and
Jacobs said he might bring him one. In cross-examination witness said he had borrowed money of Jacobs,
and being re-examined said he had paid the money back. Abraham Huntley deposed to seeing Jacobs pay Marks 11s. 3d. for a
ham, and his buying 1s. worth of eggs. The Magistrates retired, and on their return intimated their
intention to send the case against Jacobs for trial at the Quarter
Sessions, consenting to take bail, for himself in £200, and two
sureties of £100. Bail for Marks was accepted in two sureties of £10
each. Satisfactory bail was not forthcoming, and Marks and Jacobs were
taken to Dover gaol. On Wednesday, however, Marks was bailed out,
but Jacobs still remains in prison. |
Folkestone Express 17 November 1877.
Saturday, November 10th: Before The Mayor, R.W. Boarer, J. Clark,
and W.J. Jeffreason Esq., Alderman Causter, and General Armstrong. Albert Marks was charged on remand with stealing three hams, the
property of Mr. John Sherwood, grocer, and William Henry Jacobs, of
the Albion Hotel, was also charged on summons with the theft. As Marks was to be called as a witness, at the request of Mr.
Montague Williams, who defended Jacobs, he was removed from Court. Mr. Minter opened the case for the prosecution. Marks, he said, had
made a clean breast of it, and it would appear that Jacobs suggested
to him that he might obtain goods from his master's shop and let him
have them at half price. He would tell them that he had stolen from
his master's house a quantity of eggs and other articles, including
three or four Dutch cheeses and the greater part of a side of bacon,
all of which he sold at half price. If they were satisfied with his
evidence he would be an accessory before the fact, and as much
guilty as Marks himself. If they thought that Marks was telling the
truth, it would be competent for them to commit the defendant for
trial before another tribunal. As to the eggs, though they were
gone, it would not prevent them from bringing the charge. There
would be the approver's evidence, and a police constable would swear
that he saw Marks go into the house of Jacobs with the eggs. He
should also call Marks' wife, who would tell them after her husband
was in custody she went to Jacobs and asked him how it was her
husband was in custody. He then called Albert Marks, who said: I was a porter in the employ
of Mr. Sherwood, grocer, Folkestone, for eight or nine years. I have
known defendant Jacobs for five or six years. About two or three
months ago he asked me to get him a ham. I told him I would see if I
could. I did get him one some considerable time after that. I got it
from Mr. Sherwood's store. It was a Denny's ham, which I stole from
my master's store. I can't give the exact date, but it was five or
six weeks ago. He gave me 6s. for it. Some little time after I got
him another, which I stole from my master's store. I identify the
hams produced by the marks on them. I cannot say which was the first
one I took. He gave me 6s. for the second ham. I delivered them to
him in the bar of his hotel. I took the third ham, which is wrapped
in canvas, and has the initials “J.S.F” and the weight 10¼ lbs.,
which I also stole. I took about 14 lbs. of bacon to him. It was the
thick end of the back. He paid me altogether for that 15s. This was
very nearly a month ago. I did not tell him under what circumstances
I got them, because he was perfectly well aware of that. He asked me
to get him other things as well. He used to place them in a little
trap door behind the counter. I have stolen Dutch cheeses from my
master. Jacobs has frequently asked me for some. I have taken him
four. He has paid me 1s. 6d. each for them. They were taken at
different times. The last time was a fortnight ago. I stole them
from Mr. Sherwood. I have taken a great number of eggs to him. The
last time I took him any was about eight or nine days ago. I saw a
police constable one day outside the house when I had taken in half
a dozen. I stole them from Mr. Sherwood's store. Jacobs gave me a
pint of beer for about half a dozen, or seven or eight. Cross-examined: I was a perfectly honest man before he asked me to
steal. He said to me one day “Can you get me any hams?” I got the
hams upon that. I understood him to mean “Can you rob your master of
any hams?” I took them not long after, but I can't say how long it
was after. Between the times of taking the two hams I had no further
conversation with him. He kept asking me if I had got the ham. I
told him I could not get hold of it properly. (Laughter) There was
no further conversation. I began to try immediately he asked me. Did you on that suggestion at once try to rob your master? – I did
not. Then when did you try? – A few days after – as soon as I could. I
can't give any date or any day of the week, either with regard to
the hams, the bacon, or the eggs. I can't say the time it was when I
took them, but it was in the daytime. I was taken into custody
yesterday week. I have seen no-one but the policemen since. I will
not swear that I have not had conversation with a police officer. I
have spoken to Keeler and Smith, and the Superintendent. The
Superintendent asked why I sent for Mr. Minter. I told him I wanted
to broach the whole subject. I thought I should be called as a
witness. Mr. Minter told me not to expect anything. He did not tell
me I was going to be called as a witness. I cannot say why I thought
so. I gave a statement in writing of what I could prove. I thought
it would be much better because I should get more leniency. Thought you would get off altogether, perhaps? – No. I did not think
that. Connor, defendant's porter, who was in the bar when I took the
first ham, was sent out. On the other occasions signs were made to
me to keep quiet. I left the ham without saying anything in the
doorway. I had a glass of beer after I left the ham. I never said to
Mr. Jacobs “I wonder why you don't deal with our firm more than you
do. We could often send you business in the summer”. He did not
answer “Your firm is too expensive. I can get my goods cheapest
elsewhere”. I never said to him “We have a splendid lot of hams we
can sell at a shilling a pound”. I was not always paid at the time,
but called when I liked for the money. They are worth about 12s.
each. These are the only things that I stole. My house was searched,
but no stolen property was found there. There were only some tins
found belonging to my master. I had taken them home with broken
victuals in. I had no use for them. They were biscuit tins. They
were quite empty when they left my master's premises. My wages were
24s. per week. I am a married man with a family. There were eight
tins of Swiss milk found there. Mr. Sherwood sells milk. I used to
buy many of my things of Mr. Gosling. The cost is 7d. per tin. None
of them came from my master's. Nothing else besides the Swiss milk
was there. There was no amount of grocery inconsistent with my
position. Re-examined: Connor was a servant of Jacobs's, and whenever I went
in he was sent out. On the occasion when there were some people
there he made a sign to me. John Godspeed, porter in the employ of Mr. Sherwood, identified the
hams as his master's property. The hams were worth 1s. 3d. per
pound. Superintendent Wilshere repeated the evidence given last Saturday.
His search warrant was for a Dutch cheese and a quantity of eggs. Cross-examined: Defendant said he should have no objection to my
taking the hams away, and he supposed if it was found they were
honestly come by they would be returned. He found in Marks's house a
few cloves and five rough pieces of bacon, a biscuit tin containing
39 eggs, another containing 17 eggs, two large biscuit tins; in the
scullery there was a tin containing 1 egg, and 12 empty biscuit
tins, and in the parlour cupboard four eggs and eight tins of
condensed milk wrapped in paper, and some raisins.
John Connor said he was formerly in the service of Mr. Jacobs, and
left a fortnight ago last Thursday. He had seen Marks at the house.
He generally went into the private bar. Sometimes he was sent out
for something if he was doing anything in the bar. After Marks had
left he had seen Jacobs take things into the kitchen. He went and
made a communication to Mr. Sherwood.
Cross-examined: I was in Jacobs' employ nine weeks and was glad to
get away. I was noy afraid of having my morals corrupted. We had a
few words, he paid me, and I left. After that I went to Mr.
Sherwood. I could not swear I was ever sent out when Marks was not
there. I saw the hams hanging in the kitchen. The scullery opened
into the kitchen and also into the mews. I know nothing about the
unlawful possession of a watch. I was never charged with the
offence. Mr. Williams said he should not deny receiving the hams, and that he
received them from Marks. P.C. William Butcher said: I watched Mr. Jacobs' house on the 3rd of
October. About four o'clock in the afternoon I saw Marks drive up
and take something from the cart. He stopped some short distance
above the Albion. I saw him take something about the size of a pound
of tea and go into the Mews, and come out of the jug department. Detective Hogben said: I watched Jacobs' house on Thursday, the 1st
November at half past three in the afternoon. Marks came up in Mr. Sherwood's cart, which he left on the opposite side to the Albion.
He went into the kitchen at the Albion. Mr. John Sherwood said: The witness Connor made a communication to
me on Monday, the 29th, and in consequence I went to Bouverie Square
on the following Friday between six and seven. I saw Marks pass in
the cart, and he drove under the archway leading into the mews. I
saw the reflection of a light from a door being opened and shut. The
hams are my property and are worth 12s. each. The cheeses would be
worth about 3s. each, and the bacon from 11d. to 13. or 14d. a
pound. I have made enquiry and I find some months back Jacobs gave
an order for some sugar. I know of nothing else, only the sugar was
not all supplied at the time, and he had some tins of soup instead. Cross-examined: The men are sent out to solicit orders. In reply to Mr. Minter, he said the men were not allowed to take
orders individually. If they got any casual orders, they should be
given to the counterman. This was the case for the prosecution, and Mr. Williams said the
question for the Bench to consider was whether there was a prima
facie case upon which a jury would convict. He would call their
attention at once to the fact that there was no real corroboration.
The corroboration must be in some material particular. The mere fact
of an approver and thief saying “I stole certain property from my
master” and their being found at the place at which the prisoner
said he disposed of it was not corroboration as against the person
on whose premises it was found. There was no corroboration as to the
prisoner's statement. He said he sold the things for half their
value. Mr. Sherwood had admitted that his servants were permitted to
seek custom and customers, and that was a common sense view of the
thing. It was true Marks said he stole them, but his client was not
to know that. He asked if any reasonable man could believe that
Marks was speaking the truth when he told them about the property
found in the house. He contended that he was committing wilful and
impudent perjury when he swore it, and he asked them to dismiss the
case. His defence was that Jacobs bought the goods honestly and
fairly. He then called George Trice, a carrier, who said he frequently went
to Jacobs' house. He recollected going in once when Marks was in
there. He was drinking, and Marks said “It is a wonder you don't
deal with my governor more than you do”. Mr. Jacobs said “Your firm
is too dear for me. I can buy my goods cheaper”. Then he said he had
some very nice hams in stock, and he had better let him send him
one. He said the price was 1s. a pound, and Mr Jacobs said he might
bring him one. Cross-examined: There is not room in the bar for several. I have had
business transactions with Jacobs. I have borrowed money on Saturday
evenings. It aws a month or five weeks ago I saw Marks. I had seen
him there scores of times before. I had heard him say he could sell
biscuits 2d. a pound cheaper than anyone else. No=one has spoken to
me about this case. I heard about it and read it in the paper. Re-examined: I have paid back the money I have borrowed from Mr.
Jacobs. Abraham Huntley, fly proprietor, of Folkestone, deposed to being in
Jacobs' bar when a ham and some eggs were sold. He saw 11s 3d. paid
for them. The ham weighed 10½ lbs., and 1s. worth of eggs. Cross-examined: I never borrowed any money from Jacobs, and I don't
owe him any. There were other persons in the bar. My wife read the
case in the paper. No-one asked me to come here to give evidence. The Magistrates retired, and on their return the Mayor said they had
unanimously decided to send the case for trial by a jury. They consented to take bail, prisoner himself in £200, and two
sureties of £100 each. Bail was not forthcoming, and prisoner was therefore taken to the
cells. An application was made for committal to the Assizes instead
of the Quarter Sessions, on account of the prejudice existing
against him, but refused. The Bench, after consideration, decided to commit Marks for trial
also, and the evidence against him was read over. Mr. Minter intimated that he should make an application to the
Recorder to discharge Marks in order that he might give evidence
against Jacobs. Marks has since been liberated on bail, but up to last night
(Thursday) Jacobs was still unable to obtain sureties. |
Folkestone Chronicle 24 November 1877.
Wednesday, November 21st: Before The Mayor, Col. De Crespigny, J.
Clark and T. Caister Esqs. Charles Wilson and William Herring were summoned for being found on
the licensed premises of the Albion Hotel during prohibited hours. Both pleaded guilty, and were fined 10s. and 8s. costs.
REGINA V JACOBS. Mr. Henry Spurrier, of Victoria Road and Dane Road, Margate, slate
merchant, and William Satchell, of No. 2, Parade, Margate,
tobacconist, were tendered as bail for the prisoner Jacobs, and the
prosecutor consenting, they entered into the usual recognisance of
£100 each. |
Folkestone Express 24 November 1877.
Local News. On Wednesday Mr. Jacobs, who stands charged with receiving stolen
property, was released on bail, the sureties being Mr. Satchell,
tobacconist, of Margate, and Mr. Spurrier, slate merchant, of
Margate. Wednesday, November 21st: Before The Mayor, Alderman Caister,
Colonel De Crespigny, and J. Clark Esq. Charles Wilson, a young man, pleaded Guilty to a charge of being on
the premises of the Albion Hotel, Bouverie Road, on the night of the
2nd inst. P.C. Hogben said he was outside the house about a quarter to twelve,
and saw Wilson come out of the bar in company with a young man named
Herring. The Superintendent and P.C. Ovenden were then inside the
house. He heard Mrs. Jacobs say “Make haste and go out”, and the
door was then opened. This was a first offence, and the Bench inflicted the mitigated
penalty of 10s. and 8s. costs, which was paid. William Herring, who was with the last defendant was also fined the
same amount and costs. Paid. |
Southeastern Gazette 24 November 1877.
Local News. Mr. Henry Spurrier, slate merchant, and Mr. William Satchell,
tobacconist, both of Margate, were accepted, each in £100, as bail
for William Jacobs, landlord of the Albion Hotel, recently committed
for trial at the Quarter Sessions for feloniously receiving stolen
goods. |
Folkestone Chronicle 8 December 1877.
Mr. Glyn appeared in the Queen's Bench Division of the High Court of
Justice, before the Lord Chief Justice and Justices Mellor and Field
on Monday, on behalf of W.H. Jacobs, for a certiorari calling on the
Justices of the Borough of Folkestone, and one J. Sherwood, the
prosecutor, to show cause why an order should not be made removing
the trial of W.H. Jacobs from Folkestone to the Central Criminal
Court, on the ground that he could not have a fair trial at
Folkestone. The defendant, who was the proprietor of the Albion
Hotel, Folkestone, had been committed for stealing two hams, two
Dutch cheeses, some bacon and eggs, the property of Mr. Sherwood,
ex-mayor of Folkestone. The prosecutor would preside on the trial at
the Quarter Sessions, and a strong feeling existed in the borough
with regard to the case, and to such an extent that it was
impossible for the defendant to have a fair trial. The defendant had
been admitted to bail. The Lord Chief Justice said that there would
be a rule, but not on the ground that the prosecutor, as a justice
of the peace, might preside at the trial. Mr. Lonsdale, the
Recorder, was not a person likely to be influenced in the conduct of
the trial by the prosecutor. The rule was granted on the strong
feeling that appeared to prevail in Folkestone, and the probability
that the defendant might be prejudiced in the trial taking place
there. The defendant would have to enter into fresh bail and
recognisances, and pay the extra expenses of the trial. Rule granted
accordingly. |
Folkestone Express 8 December 1877.
Local News. On Monday, in the Queen's Bench Division, before the Lord Chief
Justice, Mr. Justice Mellor, and Mr. Justice Field, sitting in banco,
an application was made on behalf of William Henry Jacobs,
proprietor of the Albion Hotel, Folkestone, for a certiorari to
bring the case for trial at the Central Criminal Court. Mr. Glyn
said the applicant was indicted for receiving a ham and some Dutch
cheeses, the property of a tradesman in the town, who had filled the
office of Mayor, and was at the present time a Justice of the Peace.
The accused would be triable at the Sessions before the Recorder of
the town; and on an affidavit that the Magistrates sat on the Bench
during trials, that from the position of the parties the case had
excited a great deal of local interest, that the prosecutor had been
talking of the case, and that a prejudice had been excited against
the accused, and that therefore he could not have a fair trial at
Folkestone, he moved to bring the case before the Central Criminal
Court, pointing out that it would cause no delay and would be more
satisfactory for the purposes of justice. The Lord Chief Justice said it was not at all likely that the
Recorder would allow himself to be prejudiced by the mere presence
of the prosecutor on the Bench, even if he should sit there, which
was only suggested, but on the whole, as there would be no delay of
the trial, the Court would accede to the application. A nile nisi was granted accordingly. |
Southeastern Gazette 8 December 1877.
Local News. In the Queen’s Bench Division, on Monday, Mr. Glyn applied on behalf
of Mr. W. H. Jacobs, for a certiorari to remove his trial from
Folkestone to the Central Criminal Court, on the ground that he
could not obtain a fair trial at Folkestone. The defendant was
proprietor of the Queen’s Hotel (sic) in that town, and was
committed on a charge of stealing two hams, two Dutch cheeses and
some bacon and eggs, the property of Mr. Sherwood, grocer, ex-Mayor
of Folkestone, and a justice of the peace for the borough. The
prosecutor would preside at the quarter sessions, and a great deal
of feeling existed in reference to the case. The defendant had been
admitted to bail. The Lord Chief Justice said a rule would be
granted on the ground of the strong feeling that existed, by which
the defendant might be prejudiced, but not for any apprehension that
the prosecutor would preside at the trial. |
Folkestone Chronicle 29 December 1877.
The Queen v Jacobs. On Friday last in the Queen's Bench Division, before the Lord Chief
Justice and Mr. Justice Lush, Mr. Montague Williams, with Mr. Glyn
moved to make absolute the rule for removal of the trial of this
cause to the Central Criminal Court. Mr. Biron, with Mr. Denman, in
opposing the rule, said that the prosecutor could have only one
desire, viz., that the accused should have a fair trial, and felt
bound to say that he was of opinion that he would have a fair and
impartial trial at the Folkestone Quarter Sessions. The Lord Chief
Justice thought there could be no objection to the removal of the
trial, upon condition that the accused paid the expenses of the
prosecution appearing upon the rule, and all extra costs occasioned
by the removal. Rule absolute. |
Folkestone Express 29 December 1877.
Local News. The Queen v Jacobs. On Friday last, in the Queen's Bench Division, before the Lord Chief
Justice and Mr. Justice Lush, Mr. Montagu Williams, with Mr. Glyn,
moved to make absolute the rule for removal of the trial of this
case to the Central Criminal Court. Mr. Biron, with Mr. Denman, in
opposing the rule, said that the prosecutor could have only one
desire, viz., that the accused should have a fair trial, and felt
bound to say that he was of opinion that he would have a fair and
impartial trial at the Folkestone Quarter Sessions. The Lord Chief Justice thought there could be no objection to the
removal of the trial, upon condition that the accused paid the
expenses of the prosecution appearing on the rule, and all extra
costs occasioned by the removal. Rule absolute. |
Folkestone Express 19 January 1878.
Local News. The Queen v Jacobs. The following is a copy of the writ of certiorari ordering the
removal of this trial to the Central Criminal Court: Victoria, by the Grace of God of the United Kingdom of Great Britain
and Ireland, Queen, Defender of the Faith, to the Recorder of our
Borough of Folkestone, in the County of Kent. We being willing for certain reasons that all and singular
indictments which may be found against William Henry Jacobs, for any
of the offences of which he has been committed to take his trial at
the next General Quarter Sessions, in and for the Borough of
Folkestone, be determined before our Justices at the Central
Criminal Court and not elsewhere, DO COMMAND you that you send under
your seal, before our said Justices of the Central Criminal Court at
the Sessions to be holden for the Jurisdiction in the said Central
Criminal Court at Justice Hall in the Old Bailey, in the suburbs of
our City of London to be done thereon what of right and according to
the law and custom of England we shall think fit to be done. Witness Sir Alexander Jas. Edmund Cockburn, Baronet, at Westminster,
the twenty second day of December, in the forty-first year of our
reign. By the Court. COCKBURN. |
Folkestone Chronicle 2 February 1878.
Quarter Sessions. Monday, January 28th: Before J.J. Lonsdale Esq. Albert Marks, 42, a grocer's porter, surrendered to his bail,
charged with stealing three hams, value £1 16s., 14 lbs. of bacon,
value 14s., four Dutch cheeses, value 12s., and six eggs, value 6d.,
the property of John Sherwood, at Folkestone, on the 1st of October,
1877, and William Henry Jacobs, proprietor and owner of the Albion
Hotel, Folkestone, also surrendered charged with “aiding, abetting
and procuring Albert Marks to steal the above mentioned goods. Also
receiving the same, well knowing them to have been stolen”. Before, however, the case was called on, Mr. Denman, the counsel for
the prosecution, said His Honour was aware that a writ of certiorari
had been obtained, moving the trial of Jacobs to the Central
Criminal Court, and he would therefore ask that the trial of Marks
(who had turned Queen's Evidence) might be postponed until the next
Sessions. No objection being raised, the Recorder directed the trial to stand
over. The charge against Jacobs will be heard at the next sitting of
the Central Criminal Court, at the Old Bailey. |
Folkestone Express 2 February 1878.
Quarter Sessions. Monday, January 28th: Before J.J. Lonsdale Esq. The Grand Jury having returned true bills of indictment against
William Henry Jacobs and Albert Marks, Mr. Denman, the prosecuting
counsel, said with regard to the prisoner Marks, he was instructed
to ask that the trial should be postponed until next session. No
doubt His Honour had read the depositions and would understand the
reason. There was no objection offered, and the adjournment was consented
to. Mr. Deane said he appeared for the prisoner Jacobs, in whose case
His Honour was aware that there was a writ of certiorari ordering
the removal of the trial in the event of a true bill being found. He
supposed that would be the time for him to ask that the case should
go at once to the Central Criminal Court. The Recorder: Certainly. I have no discretion. Mr. Denman remarked that there would be further recognisances
required to be entered into to meet the cost of the removal of the
trial. The usual formalities of binding over the witnesses in the
cases of
Marks and Jacobs followed. We believe the trial of Jacobs will take place at the Central
Criminal Court on the 11th February. |
Folkestone Express 16 February 1878.
The hearing of the charge against William Henry Jacob of the Albion
Hotel was set down for hearing at the Central Criminal Court on
Wednesday. The cause was first on the list in the third Court, where
Sir Thomas Chambers presided. The Court opened at ten o'clock and
the case was called, but as the witnesses and the defendant had not
arrived, a charge against four persons for conspiracy and false
pretences in connection with the Bazaar newspaper and Exchange And
Mart was taken. This lasted until nearly three o'clock, when Sir
Henry James, who was specially retained for the defence, asked His
Lordship what would be the most convenient course to adopt. Sir Thomas Chambers said it would be impossible to get through the
mass of evidence which would be tendered before the usual time of
the rising of the Court (probably not till ten or eleven o'clock),
and left it to the counsel engaged to make some suggestion. Before the adjournment for luncheon application had been made and
granted for another case to be taken first on Thursday morning, and
this precluded the Folkestone case from being heard on that day. Sir Henry James suggested Saturday, but it was understood that the
prosecution could not conveniently attend on that day. Sir Henry
then said if it was convenient to the Court to give the case
precedence on Friday morning he would endeavour to be present,
although he had an appointment. Sir Thomas Chambers said he was willing to consent to this
arrangement, and ultimately it was decided if nothing transpired in
the interval to render it necessary to further adjourn the trial,
that it should be taken at ten o'clock on Friday. It will be seen that had the witnesses left Folkestone by the first
train, instead of delaying their departure until eight o'clock, the
whole of the inconvenience would have been avoided. The preparations for the defence are of the most elaborate
description. Photographs of the Albion Hotel showing the various
entrances to the bars &c. have been executed, and a wooden model of
the interior of the bar, perfect in every detail has been made, and
a whole host of witnesses has been summoned. The trial is now fixed to take place this (Saturday) morning at ten
o'clock. |
Southeastern Gazette 18 February 1878.
Local News. At the Central Criminal Court on Friday, Mr. William Henry Jacobs,
an hotel proprietor at Folkestone, surrendered to his recognisances,
and was indicted for procuring a man named Marks to rob his
employer, Mr. Sherwood, of three hams and 14lb. of bacon, and then
feloniously receiving the game articles, well knowing them to have
bean stolen. The case had been removed for trial to this court under
Palmer’s Act from the Quarter Sessions at Folkestone at the instance
of the defendant. The complainant, Mr. Sherwood, was an Alderman and
ex-Mayor of Folkestone, and a great deal of local feeling had been
excited on both sides. Mr. Green and Mr. W. Denman conducted the
prosecution; Sir H. James, Q.C., Mr. Montagu Williams, and Mr. Lewis
Glyn were for the defence. A witness deposed that one evening he was watching the prisoner’s
establishment at Folkestone, when the man Marks drove into an
archway. Witness then walked down to the archway. By that time Marks
had gone into the bar, where he remained about five minutes. He then
drove his horse and cart into the stable yard. The odds and ends of
bacon were sent into the town to be sold to a different class of
customers than ordinarily. The prosecutor, Mr. Sherwood, had told
witness to look over books, but he had not since had time to do
that. He put down the weight of what he sold to Marks in scribbling
books. He had never destroyed any of the books, nor had he any
reason to suppose that the books had been destroyed. It would be
nobody’s business to make away with them. The books would not have
shown the character of the goods. Fifty pounds was the largest
weight he had ever sold him at one time. Frederick Cobb, foreman to the prosecutor, said there was a custom
to sell rough pieces of bacon whenever he got leave to dispose of
them. That never included hams. Marks was in the habit of purchasing
odds and ends. William Butcher, a constable at Folkestone, spoke to having searched
the prisoner’s house, and afterwards to having seen Marks drive a
horse and cart to an archway and then leave them. On coming out of
the house he returned to the cart again and then drove away. It was
then quite light. Robert Hogben, a constable, said he received instructions to watch
the prisoner, and saw Marks drive up in a trap and stop about 40
yards from Mr. Jacob’s house, and take a basket from behind a cart
and set it on the seat of the cart. He then took a parcel from
behind the cart, and took two smaller ones out of the cart and put
one in each pocket of his coat. He remained there two or three
minutes, and then came out and drove away. It was then quite light,
and witness could see him very plainly. Albert Marks deposed that
he had been in the employment of the prosecutor eight or nine years
and had known the prisoner Jacobs five or six years. Before last
November witness had some conversation with Jacobs, and sold him
some pieces of bacon which he had bought of Mr. Sherwood. He asked
witness if he could get him a ham, some tapioca, coffee, and other
things. He replied that he would see. About a fortnight or three
weeks afterwards witness got him a ham from his master’s stores, and
took it to Mr. Jacobs in the bar of the Albion, and put it below the
counter, telling him to keep quiet. No money passed on that day, but
some days afterwards witness asked him what he was going to give him
for the ham. The reply was, 6s,, and he gave it him. After that
witness took other things from his master’s premises. Jacobs had
asked him to get some eggs and other articles. He said he would try.
About a week afterwards he took him another ham and put it below a
door, Jacobs giving him 6s. for it. All those things, said the
witness, were taken from Mr. Sherwood’s stores. Witness went there
often, but did not take things every time. Witness had a round of
customers. He was now out on bail and could not take his trial yet.
A true bill had been found against him at the Quarter Sessions. He
had been working as a “navvy” at Folkestone. On being committed for
trial he was admitted to bail. It was known at Mr. Sherwood’s that
he was buying eggs and selling them again at a profit. In cross-examination, the witness admitted that he had sold bacon,
hams, eggs, and candles to a great number of persons in Folkestone,
and that he had purchased these articles at his master’s shops, and
all these transactions were perfectly honest. He said nothing of the
affair until after he was himself taken into custody, and then, he
said, he “broached the subject,” in the hope that he should be dealt
with more leniently, and told what had taken place between him and
the prisoner. That was the case for the prosecution, and the jury immediately,
without calling upon Sir Henry James to address them, or leaving
their box, returned a verdict of Not Guilty, upon which the prisoner
was at once discharged. |
Folkestone Chronicle 23 February 1878.
At the Central Criminal Court on Saturday before Sir Thomas Chambers
Q.C., the Common Sergeant, Mr. William Henry Jacobs, an hotel
proprietor at Folkestone, surrendered to take his trial for having
feloniously counselled and procured one Albert Marks to rob John
Sherwood, his master, and also on a second charge of having
feloniously received 14 lbs. of bacon, six eggs, four Dutch cheeses,
and three hams, the property of Mr. John Sherwood, knowing them to
have been stolen. Mr. Grain and Mr. Denman conducted the prosecution; Sir Henry James
Q.C. was specially retained with Mr. Montagu Williams and Mr. Lewis
Glyn for the defence. This case was remitted to the Central Criminal Court for trial under
the provisions of the statute known as Palmer's Act, the alleged
offence having been committed at Folkestone, and the indictment, in
the ordinary course, would have been disposed of at the Folkestone
Quarter Sessions. In consequence, however, of the position of the
defendant, and other circumstances, the charge appeared to have
created so much local excitement that it was removed to an entirely
indifferent tribunal. In opening the case, Mr. Grain said the prisoner was the proprietor
of an hotel at Folkestone, and the prosecutor (Mr. J. Sherwood) was
a large provision merchant in the town. The prosecutor missed some
property, which was afterwards found to have been stolen by Marks,
who had been in his employ seven or eight years. Some of this
property was subsequently found in the house of the prisoner. On the
25th Oct. a man named Conner made a communication to Mr. Sherwood,
and the police in consequence were instructed to watch the house of
the prisoner. Marks was seen to go there on various occasions, and a
search warrant was subsequently issued, and the hams which would be
produced were found, although the search warrant was not for hams,
but for eggs or something of that kind. It was clear from the marks
on the hams that they once belonged to Mr. Sherwood. Marks would
tell them that some time in August, Jacobs asked him if he could get
some hams, that he did so, and various other goods, for which he
received sums very much below their value. He would show that Marks
was seen going to the house at unusual hours of the day. It was true
that Marks, who would be the principal witness, was an accomplice –
that was if the prisoner were found guilty – and no doubt his
learned friend and His Lordship would tell them that they must not
rely on the evidence of an accomplice, unless it was corroborated on
some material point. He apprehended, however, that he should be able
to put before them, quite apart from the evidence of Marks
altogether, a case which would call for the careful consideration of
the jury. Jacobs was not a customer of Mr. Sherwood's, and he must
have known that Marks was a servant to Mr. Sherwood, and that he was
not dealing with him. He should also call before them the wife of a
bandmaster of the 61st Regiment, and the wife of Marks, who would
speak to a conversation and a practical admission by Jacobs that he
was a party to the robbery. Mr. Grain also commented on the fact
that when the police searched his house the prisoner made no
allusion whatever to Marks or to any dealings with the prosecutor. John Goodspeed, examined by Mr. Denman, said he was a porter in the
employ of the prosecutor, and it was part of his duty to weigh and
store the hams. The hams produced he identified as his master's
property. Cross-examined by Sir Henry James: The 10 ¼ is the weight of the
ham, and was put on by me. The 10 ¼ is very plain. Nothing has been
done to alter the mark or take it off. I recognise the marks as
mine. I have been twelve or thirteen years porter and warehouseman
to Mr. Sherwood. Mr. Sherwood was not in the habit of allowing Marks
to purchase goods to sell again. I don't remember Marks buying large
quantities of bacon on Saturday evenings. I have heard that he did
from the foreman, Mr. Cobb. “Was the bacon for himself?” For all I know. “He had a large family, which you thought he brought up on bacon?”
Very likely. “What was about the quantity, 56 lbs.? It might be more?” Perhaps
so. “Do you mean to tell the jury you believe he bought this large
quantity of bacon to feed his young family upon?” I don't know, I'm
sure. Mr. John Sherwood, the prosecutor, said: On the 29th October a man
named Conner made a communication to me, in consequence of which I
communicated with the police on Friday, November 2nd. I went between
six and seven o'clock, and kept a watch on the prisoner's house.
Marks was second porter in my employ. He would have to go a certain
round of houses. Jacobs was very rarely a customer of mine. I had
one transaction with him in June. I saw Marks, as I was watching,
drive up in the cart into an archway into which a door leads to a
bar of the Albion Hotel. I walked down to the archway, and I was
just in time to see the flash of light from the opening of the door
as he went in. Marks was there about five minutes. In my business it
is the custom to sell odds and ends of bacon to smaller shops. This
would not apply to hams or eggs at all. I did not know that Marks
was in the habit of buying bacon. I have learned so since. “Did you know whether any of those odds and ends of bacon went to
Jacobs' establishment?” Not to my knowledge. Cross-examined by Sir Henry James: Marks had been seven or eight
years in my employ. After he was arrested I saw the articles brought
from his house. I should say the tins were mine – in fact I have no
doubt. The police found fifty or sixty eggs and part of a box of
sultana raisins. I have no doubt they were mine. I am an alderman
and ex-Mayor of the Corporation. I believe the town surveyor has
employed Marks since he has been on bail. He has not been tried yet.
I was not aware of it when Marks was before the magistrates. The
foreman of the shop had a book in which he would put down items
bought by Marks. Personally I know nothing about this book, nor did
I know till some time after that Marks was in the employ of the
Corporation. I have never seen the entries in the book, but Cobb, my
foreman, used it for his own reference. My workmen deal with me if
they please, but I do not make it a condition. The bacon was sold to
other shopkeepers who could find sale for it. Re-examined: These hams are perfectly good. I know nothing about the
book. Marks is employed as a navvy on the drainage works. By Sir Henry James: I was told that the defence wanted the rough
book, and I promised to do what I could to find it. By Mr. Grain: I have searched among my books, but can find no
reference to Marks. By Sir Henry James: I mean that I see no ready money dealings with
Marks' name. I presume Cobb had the rough book with him today. I do
not recollect telling Mr. Mowll that the foreman had the book and it
should be produced. Frederick Cobb, foreman to prosecutor, said: It was the custom in
our establishment to sell the odd pieces of bacon whenever we had a
lot. They did not include hams. Marks was in the habit of
purchasing. I sold to him, charging him so much per pound. He often
paid ready money. I kept no regular record, but sometimes put a
memorandum on a piece of paper or scribbling. I had no books that
anyone would understand. By Sir Henry James: I may have some books, but I cannot find them. I
was subpoenaed to produce the books by the defence. I have looked
for them, but only for half an hour on Thursday. I knew the man was
on his trial, and it was to show whether any goods had been sold to
Marks or not. I put down in the book the amount I sold to Marks. It
was a memorandum book. I never destroyed any of them. They were left
in the clerk's office. I have no reason to suppose they were
destroyed. They were on a shelf. I may only have put Marks' initials
in the books. I should hardly think the bacon was for Marks to bring
up his young children upon. I do not know his wages. When the amount
was paid it would be entered in the cash book, but it would not show
the character of the goods sold. I have sold him more than 28 lbs.
at a time. I should say the largest was 50 lbs. He may have sold it
again. It was his business what he was going to do with it. Police constable Butcher proved watching the house of the prisoner,
and seeing Marks drive up and take a parcel in. Police constable Robert Hogben also gave similar evidence. John Conner, late a potman in the employ of the prisoner, gave
evidence to the effect that he saw Marks come into the bar on
several occasions, and that he (witness) was immediately sent out on
some pretence. On his return he had seen Mrs. Jacobs removing a ham
or some bacon from the bar to the kitchen. In cross-examination
witness admitted that he had left in consequence of a “few words”
with the prisoner. Albert Marks said he was until lately in the employ of the
prosecutor. In November last he had a conversation with the
prisoner. Prisoner said “Can you get me a ham?”. He asked him for
several other things also. Witness got him a ham on one or two
occasions. He also got him the Dutch cheeses and the eggs mentioned
in the indictment. He got the things from his master's stores.
Jacobs paid him 6s. each for the hams – about half their value – and
1s. 6d. for the cheeses. Cross-examined by Sir H. James: Was committed for trial on a charge
of robbing his master, and was admitted to bail three days after.
The prosecutor was a magistrate. Was now employed by the Borough
Surveyor, and earned 3s. 4d. per day. Made a statement to Mr.
Minter, the solicitor for the prosecution, in order that he might
get more leniency. Had dealt very largely in eggs, which he bought
from country persons. Had sold some to the prosecutor. This was a
perfectly honest transaction. Had bought large quantities of bacon
from Sherwood, and had sold it at a profit. Had solicited people to
buy it. Persons had come to his house for it. Certainly did not buy
it to bring up his children upon. Had got 10d. per pound for it.
Might have got more. Had never offered to supply Mr. Trice with a
cask of soda for 5s. Had sold some gammon of bacon to a man named
Sharpe; had sold W. Aird, a milkman, bacon. Knew a man named Henry
Pain, a master builder. He never sold him a ham. He sold a man named
Andrews pieces of bacon. Knew Mr. Matthews, a hairdresser, and had
sold him bacon. Had never offered to sell Lord Radnor's gardener a
ham. He offered a tongue to a man named Manly for sale. Witness further admitted several transactions with people, which he
said were all perfectly honest. He was also subjected to a most
searching cross-examination as to his transaction with Jacobs. The Court then adjourned for luncheon.
On it's re-assembling Jane Snell deposed going with Mrs. Marks to
Jacobs' hotel after Marks had been arrested, and having a
conversation with Jacobs on the matter, in which he admitted he had
bought the hams of Marks, and gave him 6s. each for them. Mrs. Marks gave corroborative evidence. Superintendent Wilshere proved searching the prisoner's house. Without waiting for the speech for the defence, or the witnesses to
be called, the jury returned a verdict of Not Guilty. |
Folkestone Express 23 February 1878.
Not for a very long time has so much excitement been caused in
Folkestone by a criminal prosecution as was manifested in the
proceedings which have just resulted in the acquittal of Mr. William
Henry Jacobs at the Central Criminal Court, to which tribunal the
trial was moved by writ of certiorari granted on the representation
of the accused's counsel that owing to the prevalent ill-feeling
against him it would be impossible for him to have an impartial
trial at the borough Quarter Sessions. Briefly the charge against
him was as follows: - It was ascertained that one Albert Marks, late
a porter in the employ of Mr. John Sherwood, an Alderman and
ex-Mayor of the borough, and a grocer, was in the habit of
frequently visiting the Albion Hotel, of which the prisoner is the
proprietor. It was suspected that he was in the habit of disposing
of goods which he had stolen, and after he had been watched by the
police he was given into custody. No sooner was he arrested than he
made a communication to the police and afterwards to the
prosecutor's solicitor, which led to the summoning of Jacobs and his
ultimate committal for trial on the charge if inciting Marks to
commit thefts, and with receiving goods knowing them to have been
stolen. The prisoner Marks stated that he sold Jacobs eggs, Dutch
cheeses, and such things, and a search warrant was executed at his
premises. No articles such as those named in the warrant were found,
but three hams, one of them in a canvas bag marked with the
prosecutor's initials, were hanging in the kitchen, and of these the
Superintendent of Police took possession. These Marks said he sold
to Jacobs for less than half their value, and that he had been
induced to steal them by Jacobs. It was a most serious accusation
under which to labour, and Mr. Jacobs sought the highest legal
ability to defend him in the emergency. Mr. Montague Williams
opposed his committal for trial, and on Saturday Sir Henry James and
Mr. Glyn were engaged also in his defence. Mr. Mowll, of Dover,
Jacobs' solicitor, had laboured incessantly during the three months
which have elapsed since the committal to get together an immense
mass of evidence by which to refute the testimony of the man Marks,
on whose statements the charge mainly rested. Some thirty witnesses,
many of them respectable tradesmen in the town, were subpoenaed, and
were present at the Old Bailey. The hearing of the case was postponed day after day, until from
having been the first on the list for trial it became the last, and
the Common Sergeant (Sir Thomas Chambers) sat specially on Saturday
to hear it. Alderman Figgins occupied a seat on the bench during the
trial. It was expected that the fact of Sir Henry James being “up”
would have caused a considerable number of barristers to put in an
appearance, but there were only three or four present at any time
besides those engaged in the case. A few minutes after ten Jacobs
was called on to surrender, which he did, and on being called on to
plead to the indictment read over to him by the Clerk to the
Arraigns, he pleaded Not Guilty. Mr. Grain, the leading counsel for the prosecution, and a barrister
of considerable experience, laid before the jury the facts of the
case, and the nature of the evidence he proposed to call to
substantiate the charges in the indictment. The first witness called
was a fellow porter of Marks', who merely gave evidence identifying
the hams as having been marked and weighed by him. Following him
came Mr. Sherwood, who deposed to receiving information that Marks
was carrying on an illicit trade with Jacobs, that he himself
watched the house and saw Marks go there with his horse and cart. He
disclaimed all knowledge of Marks having been allowed to buy large
quantities of bacon, and that he was not aware for some time that
the Surveyor of the Corporation had employed Marks after he was
admitted to bail. Frederick Cobb, it seems, it was not originally
intended to call for the prosecution, but the defence had found out
that he had been in the habit of selling Marks odd pieces of bacon
in quantities of from five to twenty five pounds weight, and wisely
concluded that his evidence would be favourable to their client. His
cross-examination by Sir Henry James occupied a considerable time,
inasmuch as he seemed very strongly disposed to fence with the
learned counsel, especially on the point as to whether he was or not
fully aware that Marks re-sold this bacon at a profit. His answers
gave an impression that he was not going to say too much, and his
failure to produce any one of the books in which he had from time to
time made entries of sales to Marks, although he had been summoned
to do so, was specially noted by the learned counsel. Next came John
Connor, a witness who could scarcely be called an unprejudiced one.
For some time he was in the employ of the accused. He left after a
quarrel, and forthwith proceeded to use against his late master some
information which he had obtained of what he believed were dishonest
dealings. In reply to Sir Henry James as to whether the Albion was
an hotel, he, with a shrug of his shoulders, admitted that “they
called it an hotel”. He spoke disparagingly of the cook, and
comported himself altogether in a manner which plainly indicated
that it was with no feeling of compunction that he was “paying off
an old score”. Next came the approver, Marks, who repeated his
admission that he accused Jacobs in order that he might get “more
leniency” himself. Cross-examined as to how he became possessed of
the articles which the police found on searching his house he gave
the most improbable accounts. Sultana raisins, which Superintendent Wilshere afterwards said “looked very nice”, he swore he dad taken
from the dusthole of a house which had been occupied by a colonel.
He did not seem to see how the question how many children he had was
connected with his statement that this “nice looking” fruit had been
unconsumed for two years. According to his own statements he had
sold different articles to several persons, but singularly enough
not one of these transactions was dishonest, saving only his
dealings with Jacobs. His wife and a woman named Snell swore to a
conversation with Jacobs in his bar, in the course of which he had
admitted to them that he had paid Marks sixpence a pound for the
hams – a statement so inconsistent with probability that no jury
could give credence to it. The evidence of the police proved
incontestably that Marks was a constant visitor at the Albion, and
that he took parcels from the cart left outside, and returned minus
of them. The cross-examination by Sir Henry James was conducted in a
manner which from the very outset showed that he was confident of
securing an acquittal for his client, and it could not have been a
surprise to the parties concerned when the foreman of the just
intimated to the Common Sergeant that they had no wish to hear the
case for the defence as the prisoner's guilt was not established. A portion of the following evidence appeared in our second edition
of last week. The prosecuting counsel were Mr. Grain and Mr. Denman, instructed by
Mr. J. Minter. The accused was defended by Sir Henry James, Mr. Montague Williams
and Mr. Lewis Glyn, instructed by Mr. Mowll, of Dover. The charge, it will be remembered, was for feloniously receiving 3
hams, 14 lbs. bacon, 3 dozen eggs, and 3 Dutch cheeses, the property
of Mr. John Sherwood, grocer, &c., which were stolen from the
warehouse by Albert Marks, a porter late in the employ of the
prosecutor. Another indictment charged him with counselling and
procuring Marks to steal the said goods. The case commenced precisely at ten minutes past ten. The jury having been sworn, Mr. Grain proceeded to open the case for
the prosecution. He stated that a man named Connor made a
communication to Mr. Sherwood, and the police in consequence were
instructed to watch the house of the prisoner. Marks was seen on
various occasions, and a search warrant was subsequently issued, and
the hams which would be produced were found, although the search
warrant was not for hams, but for eggs, or something of that kind.
It was quite clear from the marks on the hams that they once
belonged to Mr. Sherwood. Marks would tell them that some time in
August Jacobs had asked him if he could get some hams, that he did
so, and various other goods, for which he received sums very much
below their value. He would show by witnesses that Marks was seen
going to the house at unusual hours of the day, and without the
evidence of Marks himself, whose evidence would be that of an
accomplice, he should put before them a case which would call for
the serious consideration of the jury. Jacobs was not a customer of
Mr. Sherwood's, and he must have know that Marks was a servant to
Mr. Sherwood, and that he was not dealing with him. He should also
call before them the wife of a bandmaster in the 60th Regiment, and
another witness would be the wife of Marks, who would both speak to
a conversation and a practical admission by Jacobs that he was a
party to the robbery. He also called attention to the fact that
Jacobs had not mentioned the name of Marks in the statements he
made. The first witness was John Goodspeed, who was examined by Mr.
Denman. He said: I am a porter in the employ of Mr. Sherwood, and it
was my duty to weigh hams. The ham produced I put the weight upon.
It has the initials “J.S.F.” on it. That ham (the second) I also
marked, and the third. The price at this time of year is 15d. and
14d. per pound. Cross-examined by Sir Henry James: The 10¼ is the weight of the ham,
and was put on by me. The 10¼ is very plain. Nothing has been done
to alter the mark or take it off. The marks are all left as I marked
them. I recognise the marks as mine. I have been twelve or thirteen
years porter and warehouseman to Mr. Sherwood. I am the foreman.
There was a foreman of the shop, named Ashdown. Mr. Sherwood was not
in the habit of allowing Marks to purchase goods. Do you not know that Marks bought large quantities of bacon of the
foreman? – I do not know. What quantity did he buy? – He had a large family (Laughter). About how much did he buy at the time to feed this young family, 56
lb. Weight? – He may have done so. More? – He may have done so. Do you mean to tell the jury you believe he bought this large
quantity of bacon to feed his young family upon? – I should think
not. Were they ready money transactions? – I believe they were. Did you not know he was buying goods to sell again? – I do not. Who would know? – Mr. Cobb. Where is he? – He is here, and he is still in the employ of Mr.
Sherwood. Re-examined: I mean that an employee of Mr. Sherwood's would have
the privilege of buying goods for his own family. I never knew
particularly that he was in the habit of buying bacon. Mr. John Sherwood said: On the 29th October a man named Connor made
a communication to me, and in consequence I communicated with the
police. I went between six and seven o'clock and kept a watch on the prisoner's house. Marks was second porter in my employ. He would
have to go a certain round of houses. Jacobs was very rarely a
customer of mine. I had one transaction with him in June. (Witness
was asked what character Marks bore, but the defence objected). I
saw Marks, as I was watching, drive up in the cart, into an archway
into which a door leads to the bar of the Albion Hotel. I walked
down to the archway, and I was just in time to see the flash of
light from the opening of the door as he went in. Marks was there
about five minutes. In our class of business it is the custom to
sell odds and ends on Saturday nights cheaply. I supplied several
smaller shops. This would not apply to hams unless they were bad, or
to eggs at all. The hams are Shaw's Castle brand, and are worth 14d.
or 15d. a pound. By Sir Henry James: The photo produced shows the archway at the
Albion Hotel. I saw Marks drive into the archway. There are two rows
of mews there, but my horse and cart is not kept there, but very
near. It would be possible to get to my stable that way. Marks had
been 7 or 8 years in my employ. After he was arrested I saw the
articles brought from his house. I should say the tins were mine –
in fact I have no doubt. The police found 50 or 60 eggs and part of
a box of sultana raisins in Marks' house. I have no doubt they were
mine. I am an Alderman and ex-Mayor of the Corporation. I believe
the town surveyor has employed Marks since he has been on bail. He
has not been tried yet. I was not aware Marks had been purchasing
bacon. I was not aware of it when Marks was before the Magistrates.
The foreman of the shop had a book in which he would put down items
bought by Marks. Personally I know nothing about the book, nor did I
know till some time after that Marks was in the employ of the
Corporation. Sir Henry asked for the book, but it was not produced. Cross-examination continued: I have not seen the entries in the
book, but Cobb, my foreman, used it for his own reference. I never
knew Marks had bought hams or bacon. My workmen deal with me if they
please. I did not know that Marks bought large quantities of bacon.
The bacon was sold to other shopkeepers who could find sale for it. Re-examined: The hams are perfectly good. I know nothing about the
book. Marks is employed as a navvy on the drainage works. By Sir Henry James: I was told by Mr. Mowll that the defence wanted
the rough book, and I promised to do what I could to find it. By Mr. Grain: I have searched among my books, but can find no
reference to Marks. By Sir Henry James: I mean that I see no ready money dealings with
Marks' name. I presumed Cobb had the rough book with him today. I do
not recollect telling Mr. Mowll that the foreman had the book and it
should be produced. Frederick Cobb, foreman to prosecutor, said: It was the custom in
our establishment to sell the odd pieces of bacon whenever we had a
lot. That did not include hams. Marks was in the habit of
purchasing. I sold to him, charging him so much per pound. He often
paid ready money. I kept no regular record, but sometimes put a
memorandum on a piece of paper, or in a scribbling book. I have no
books that anyone would understand. By Sir Henry James: I may have some books, but I cannot find them. I
was subpoenaed to produce the books by the defence. I have looked
for them, but only for half an hour on Thursday. Mr. Sherwood told
me to look for them, but I did not do so. Mr. Sherwood did not say
it was an important thing to find them. I knew the man was on his
trial, and that it was to show whether any goods had been sold to
Marks or not. I put down in the book the amount I sold to Marks. It
was a memorandum book. I never destroyed any of them. They were left
in the clerk's office. I have no reason to suppose they were
destroyed. They were on a shelf. I may only have put Marks' initials
in the book. I should hardly think the bacon was to bring up his
young children upon. (Laughter) I do not know his wages. (Mr.
Sherwood: I can tell you – 24s. a week) When the amount was paid it
would be entered in the cash book, but it would not show the
character of the goods sold. I have sold him more than 28 lbs. at a
time. I should say the largest amount was 50 lbs. He may have sold
it again. It was his business what he was going to do with it. It
may have passed through my mind that he was going to dispose of it
among his friends. I never knew that he hawked bacon about the town.
It would be wrong in my idea for him to do so. (Witness was closely
questioned as to whether he did not know positively that Marks sold
the bacon at a profit, but he persisted that he did not). In a continuation of the cross-examination he said: Mr. Sherwood
knew nothing about these transactions with Marks. I do not think he
would object to it if he had known it. Other things besides bacon
were sold to shopkeepers who had a sale for them. Refuse sugar, and
such things were sold by us to small shopkeepers. Mr. Sherwood was
aware of that, but not that they were sold to Marks. I do not know
why he was not informed of it. Re-examined by Mr. Grain: The memorandums of the things I sold to
Marks were often on rough pieces of paper, which I afterwards threw
away or destroyed. William Butcher, a police constable of the borough of Folkestone,
examined by Mr. Denman, said: On the 30th October, about four
o'clock, I was watching outside the Albion Hotel. I saw Marks drive
up, get out of the cart near Mr. Wightwick's, take something from
his cart, which by the size looked like a pound of tea, put it in
his pocket, and go into the door of the jug department. He left the
cart some distance from the Albion Hotel. By Sir Henry James: It was quite light. Anyone in the street could
see the transaction. I do not know if there is a place for
accommodation up the archway. The bottle and jug department opens
into the archway. There is a small compartment there which is called
a “snuggery”, where anyone can go in and get a glass without being
seen. Sir Henry James: I suppose you often had a glass in that “snuggery”?
(Laughter) – I don't know that I have. P.C. Robert Hogben, examined by Mr. Denman, also gave evidence that
he watched the Albion Hotel, in accordance with the Superintendent's
orders, on the 1st November. He saw Marks take a basket from the
hind part of the cart and put it on the seat. He put two parcels in
his pocket, and then went into the kitchen. He remained there about
ten minutes, came out, and drove away. By Sir Henry James: I believe I said before the Magistrates that I
saw Marks take the parcels out of his pockets. The witness's depositions were read, and the words were not there. Sir Henry James: Will you swear you said more than I have read to
you? – I might not have done. Cross-examination continued: The whole transaction was quite open. John Connor, examined by Mr. Grain, said: I was a porter and potman
at the Albion. I believe they call it an hotel. Whilst I was there I
knew Marks. I have seen him twice and three times a day at the
Albion. He came generally in the morning, and perhaps once or twice
in the afternoon. He used to go into the private bar. When he came
and I was present, I was generally sent out of the way by Mr.
Jacobs. After I had been sent away and returned, I sometimes saw a
ham, or a Dutch cheese, or a box of eggs had been left. They were
generally placed underneath the counter by a door which lifted up in
the bar counter. I used to hang the hams up afterwards in the
kitchen. The last time I saw anything of the kind was about the end
of October. I remember the ham coming in sacking with the initials “J.S.F.”.
I afterwards made a communication to Mr. Sherwood. I was with Jacobs
about nine weeks and four days. I found the last ham inside the
door. By Sir Henry James: I left the first week in September. (Witness
afterwards corrected himself and said he meant November). I left Mr.
Jacobs' employment without any notice. I did not have a quarrel with
Jacobs. We had a few words, and I'll tell you how it was. I was up
in the billiard room, when Mr. Jacobs came up and began to swear,
and said the room was like an Irish mud cabin. I replied “Well, what
about that. It is as good as a petticoat lane one”. (Laughter) After
that I went and asked for my money, and left the house. I afterwards
went to Mr. Sherwood's and told him what was going on. The model of the bar was produced, and witness was asked whether it
was correct. Pointing to one of the doors, he said it should have
been made to open inwards. Cross-examination continued: When the hams were brought they were
put into the place beneath the flap, laid upon the floor. I hung the
ham in the bag marked “J.S.F.” up in the kitchen. Many people had
access to the kitchen besides the cook and the servants. The men
from the stables came in for hot water to make mashes. All of them
could see the hams, and anything else that was there. The next witness was Albert Marks. In reply to Mr. Grain he said: I
was a grocer's porter and was in the employ of Mr. Sherwood up to
the 1st or 2nd of November. I have worked for him seven or eight
years. I have known Jacobs, I should think, five or six years.
Before November I had some conversation with Jacobs. I sold him some
odd pieces of bacon first that I had bought. He then asked me if I
could get him a ham. He said “Can you get me a ham?” He also asked
me for sago, coffee, and different things. I said I would see if I
could. I did after about a fortnight or three weeks get a ham from
my master's stores. I can't say what time I got it. I took it to Mr.
Jacobs. I went into a small side place, in the bar. I put it under
the little door that holds the counter up. I told him I had got the
ham. He told me to be quiet, there was someone in the bar. He said
“Mr. Paine is in the bar, and I would not have him know anything
about it for the world”. I think that was all he said. No money
passed then. I went in some days afterwards and said “What are you
going to give me for the ham?” He said “Well, you know what it is
worth. Will 6s. do?” I said “That is a very small price for it. It
is worth 15d. a pound”. He said he would not give me any more, and
he then gave me 6s. After that he was continually asking me for
goods. When I took him the ham he asked me for other things. I told
him I would try to get them. About a week after I took him another
ham. I saw him, and put the ham under the same door. He told me then
to keep quiet. There was a bar full of people and he pointed his
finger at me to tell me to keep quiet. I saw him a few days after,
and he gave me the same money as for the other, 6s. He asked me for
cocoa nibs, coffee, and fresh butter. I told him I could not
possibly get at them. They were kept in the shop, out of my way. He
asked me for a piece of bacon as well, and I took him a piece about
15 lbs. I took it into the kitchen, after taking it into the bar
first. I also took him some eggs and Dutch cheese. For the cheese I
got 18d. each. I was given into custody on the 2nd of November. I
think I had been to the Albion on the same evening. I took Mr.
Jacobs in some eggs. They came from Mr. Sherwood's shop, and the
bacon and other things came from Mr. Sherwood's stores. I used to go
to the Albion very nearly every day. Sometimes I went just to get a
glass of beer. I stole all the things, and Jacobs knew it. It was
well known to me that he knew it. After I was taken into custody I
gave a written communication to Mr. Minter. I knew Connor. I have
seen him in Jacobs' bar. When I have taken anything in there, Jacobs
ordered him out. I had a round for orders, and a book. I went every
morning and made entries into the book, and everything was entered
from that book into the day book. That produced is the book. I am
out on bail, I have not taken my trial yet. I surrendered at
Folkestone Quarter Sessions, and a true bill was found against me.
An application was made that the trial should be postponed. I have
been working for the surveyor to the Corporation since. Cross-examined by Sir Henry James: When I was examined before the
Magistrates I told them I had stolen things from Mr. Sherwood. I was
admitted to bail at the same time. I was employed about a week after
by the borough surveyor. I get 3s. 4d. a day. He asked for no
character. They do not ask anyone for a character. I did not tell
him I was committed for trial – no fear. I am working for him now. I
made the communication of what I had done to Mr. Minter. I said “I
thought I would broach the whole subject, in order to get more
leniency”. That was what I thought. I have never taken any tins of
condensed milk from Mr. Sherwood. My wife sent out and bought them.
We always kept about half a dozen in the house for a sick child. I
take my oath they did not come from Mr. Sherwood's. When the police
searched my house they found some sultana raisins in a box. They
never belonged to Mr. Sherwood. There was no lid to the box. I have
had them in my house, I should think, two years. I got them from an
empty house which had been occupied by a Colonel. They were left out
on the dusthole. (This statement caused signs of disbelief to be
uttered by several in Court). I was in the habit of buying large
quantities of eggs from the country. I have had 200 or 300 eggs at a
time from different persons. They are not present, but I could bring
them. A woman used to leave some of them at the George Inn for me. I
used to buy them for the lodgers in my house, and I let Mr. Sherwood
have some on one occasion, I think. I am not quite certain. I knew
they were in want of country eggs and I offered them some. I believe
they said they had enough. I sold some to Goodspeed, and have
offered some to Mr. Cobb. I told them I got them from a country
person. Both Goodspeed and Cobb knew I was buying and selling eggs.
I have bought hundreds of eggs in Folkestone, but have not sold them
openly. I sold some to my lodgers. I think I have let other people
have some. I sold them for a small profit. It was such a few that
the profit was not much. I never concealed the fact from any person
in Mr. Sherwood's employ. There were some empty tins of my master's
found in my house. I had not taken them with my master's leave. I
had taken some of them from empty houses. I used to take them home
with broken food from gentlemen's houses. They had contained
biscuits. I was not in Court when Cobb was examined. Three foremen
were employed while I was with Mr. Sherwood, Mr. Martin, Mr.
Ashdown, and Mr. Cobb. I have bought bacon of all of them to sell
again, and I have asked persons to buy it. The highest price I ever
got was 10d. a pound for bacon. I always paid ready money for it. If
I did not pay for it the same evening, I did next morning. I can't
say if it was put down in a rough book. I have seen Cobb write in a
book directly after he sold me the bacon. I was buying bacon every
week. I used to buy half a hundredweight sometimes, and sometimes
more. It was not all for my family or my relations. I have no
relations in Folkestone. I used to ask people to buy bacon. I told
them I had some nice bacon. That was a perfectly honest transaction.
I know George Trice, a carrier. I never asked Trice to let me bring
him a cask of soda at 5s. per cwt. I never knew the price of soda. I
never said to him “Why don't you deal with my governor, and he would
send you a lot of things like he does Mr. Salter, at the Bouverie
Laundry”. I know James Sharp. Some five years ago I may have offered
bacon to him, and also to Mr. Upton. That came from Mr. Sherwood's.
Sharp bought bacon from me several times. He came to my house to see
it. Some of it was gammon. I know William Aird. I have sold him
bacon, and my wife has sold him some. Very likely I told him I had
the privilege of selling bacon. He has had some several times. I
know Henry Payne, a builder. He is a tenant of Mr. Sherwood's. I did
not sell him a ham about four years ago. I did not meet him in the
street and ask him if he would like another ham. I should not think
of such a thing. He did not reply “Marks, I am keeping pigs, but I
will have one”. He did not say he would pay 1s. a pound for it –
nothing of the sort. I know Arthur Andrews, who once kept the
Guildhall Tavern. I have sold him some cushions of bacon I think,
which I bought from Sherwood's shop. I know a man named Matthews. I
don't know if I ever asked him to buy bacon in the George Inn, but I
never thought there was any objection to it. I have sold bacon to a
man named Jones, a fly proprietor. I know a man named Rumbold, head
gardener to Lord Radnor. I never told him I had sold Mr. Jacobs a
nice ham. Never should have thought of such a thing. I never told
him so in the British Lion Inn. I know Joseph Manley, who lodged
there. I remember showing him part of a cooked tongue which I got
from Mr. Sherwood's shop. There was something the matter with it, I
forget what. It was nothing very bad. I ate it myself afterwards. I
do not know what I asked him for it. I know he says I asked him five
shillings for it, but I don't think I could have done. I was known
to him as a porter in Mr. Sherwood's employ. I may have told him the
tongue was worth 5s. Mr. Cobb sold it to me. I know a Mrs. Waldron.
I never told her I purchased this bacon a hundredweight at a time or
that I sold Slater, the grocer, as much as 30 or 40 lbs, weight at a
time. I have sold him some quite openly. He has paid me ready money
for it. I don't know Joseph Page, a plumber. Mr. Cobb knew of my
taking bacon out to sell. Jacobs asked me first if I could get him
some hams. When he said that I came to the conclusion he wanted me
to rob my master. He asked me several times in writing, handed over
the counter, if I could get him some. I said nothing about that to
the Magistrates. I told the Magistrates he made signs to me to keep
quiet. These transactions never took place before other people. I
was present with Mr. Trice in Mr. Jacobs' house, and I may have
asked him why he did not deal with Mr. Sherwood more than he did. I
never said to him “Let me bring you a ham. I can bring you one for
1s. a pound”. I never said I would bring him a ham and a shilling's
worth of eggs. I never told Jacobs Mr. Sherwood could sell him
biscuits 2d. a pound cheaper than anyone else – not likely. I know
Abraham Huntley. I never in his presence brought in a ham or any
single article. I never said in his presence “I have brought you a
ham, Mr. Jacobs. It is a little beauty”. I never said the weight was
10¼ lbs.I had no eggs with me then. There were none taken with the
ham. I know Charles Austin by sight. I think he has been in the
house at the same time with me. If anyone was in the bar I kept the
things in the basket till they were gone. I did not take a ham at
all without a basket; at least I think not. I have never delivered
goods and received money over the counter in the presence of these
witnesses. He did not give me 10s. 3d. for the ham which weighed 10¼
lbs., and 1s. for the eggs. Six shillings was the price paid for the
ham. No-one was present to see it. I called him on one side and
asked him for the money. On every occasion I was alone in the side
bar. I swear I was always alone. I can't say what occasion there was
to pass the money quietly if there was no-one there. This concluded the cross-examination of Marks, and the Court then
adjourned for luncheon. When the Court reassembled Mr. Grain called Jane Snell, the wife of
Edward Snell, a bandsman in the 60th Rifles, who said: In November
last I was at Folkestone. I knew Marks and his wife, and heard of
Marks being locked up. I met Mrs. Marks on the Sunday after. I
accompanied Mrs. Marks to the house of the prisoner. I heard Mrs.
Marks say to him “What is Marks locked up for?” He said “Don't you
know?” She said “No”. He said “Haven't they searched your house?”
She said “Yes”. He said “So they have mine, and found some hams”. He
added “I know who split, but I shan't say”. She said “Did Marks
bring those hams?” He said “Yes. I gave him 6d. a pound for them”.
Mrs. Marks said “It is a bad job for me”. He said “It is a d----
sight worse for me”. Cross-examined by Sir Henry James: I knew Mr. Marks four or five
years before. She did not ask me to go to the house with her, but
when I got to the door she asked me to go in. I still live at
Folkestone. I have seen Mrs. Marks since her husband was committed,
but not to speak to her. I have seen her in her house. I knew Mrs.
Marks had been to the police court. I know now Marks is out, but
have not seen him since he has been on bail. She never told me her
husband accused Mr. Jacobs in order to get leniency himself. We saw
Jacobs in the bottle and jug department, but I cannot say if there
was anyone on the other side of the partition. Jacobs spoke loud
enough for anyone in the next compartment to hear. Mrs. Marks was next called, and said: I went with Mrs. Snell to the
Albion Hotel, and into the private bar and saw Jacobs. I said to him
“What is Marks locked up for?” He said “Don't you know?” I said
“No”. He said “Haven't they been to search your house?” I said
“Yes”. He said “So they have mine, and found some hams and took them
away. I know who split, but I'm not going to say”. I said “Did Marks
bring you those hams?” He said “Yes. I gave him 6d. a pound for
them”. I said “It's a bad job for me”, and he said “It's a d---
sight worse for me”. By Sir Henry James: I had not seen my husband since he was taken
into custody. I and Mrs. Snell have talked about the matter some
time. My husband never told me he had made a statement to Mr. Minter
in order that leniency should be shown him. I was not examined
before the Magistrates. I looked round when we were in the jug
department at the hotel, but cannot say whether there was anyone
there. Jacobs spoke loudly to me so that anyone in the other bar
could have heard. Jacobs knew me, but not Mrs. Snell. Re-examined: My house was searched on Friday for goods stolen from
Mr. Sherwood's. By His Lordship: The empty tins were taken away from my house. Superintendent Wilshere, examined by Mr. Denman, said: I went at a
quarter to twelve on the 2nd of November to search the house with a
warrant. Jacobs came down, and I read the warrant to him. It was for
Dutch cheeses and eggs. I made a search and found nothing of that
kind. I pointed to some hams which were hanging there and said “Some
things like these are missing. Do you wish to tell me where you got
them?” He replied “I buy things at many different places, and always
pay ready money for them”. Cross-examined by Sir Henry James: The hams did not appear to have
been rubbed in any way to erase the marks. They are nearly in the
same state now as they were when I took them, but a mouse has been
nibbling one. (Laughter) I do not know who mentioned Mr. Sherwood's
name first, Jacobs or myself. I believe I did in reading the warrant
to him. I asked Jacobs if he had any objection to my taking the hams
away, and he said “No. I suppose I can have them again if I show I
came by them honestly”. I searched Marks' house. (Witness here
enumerated the different articles found there, and said Mr. Sherwood
identified them as similar to those in his shop). Sir Henry James: You saw those raisins? – I did. Did they look as if they had been taken from a dusthole? – They
looked very nice raisins (Laughter). Mr. Grain said that was the whole of the case for the prosecution. Sir Henry James rose to address the jury for the defence, when the
Foreman asked the learned Sergeant if it was necessary for them to
hear the address. There seemed to be an impression on the minds of
the jury that the prisoner was Not Guilty. The Common Sergeant said that if the jury had made up their minds it
would be useless to go on with the defence. After a brief consultation with his brother jurymen, the foreman
again rose, and in reply to the Clerk of the Arraigns, whether they
found the prisoner Guilty or Not Guilty, he said “Not Guilty”. There was a slight amount of applause on the verdict being given,
which was immediately suppressed, and the prisoner left the dock. This case terminated the business of the sessions, and the jury were
discharged. The case concluded shortly after two o'clock. |
Folkestone Chronicle 4 May 1878.
Quarter Sessions. Monday, April 29th: Before J.J. Lonsdale Esq. Albert Marks surrendered to his bail on a charge of stealing three
hams, value £1 16s., 14 lbs. of bacon, value 14s., six eggs, value
6d., and four Dutch cheeses, value 12s., the property of John
Sherwood, at Folkestone, on the 1st October, 1877. The prisoner pleaded Guilty. Mr. Deane prosecuted, but asked for a light sentence, which was
supported by Mr. Sherwood. The Recorder sentenced the prisoner to three months' imprisonment
with hard labour. |
Folkestone Express 4 May 1878.
Quarter Sessions.
Monday, April 29th: Before J.J. Lonsdale Esq.
Albert Marks surrendered to his bail on a charge of stealing three
hams, value £1 16s., 14 lbs. of bacon, value 14s., six eggs, value
6d., four Dutch cheeses, value 12s., the property of John Sherwood,
at Folkestone, on the 1st October, 1877.
It will be remembered that in this case the grand jury at the last
Quarter Sessions returned a true bill against the prisoner, who now
pleaded Guilty.
Mr. Denman, who appeared for the prosecution, reminded the learned
Recorder that the case was adjourned pending the trial of another
person, whom the prisoner made certain allegations against, and who
was acquitted. He (Mr. Denman) was instructed by the prosecution to
ask His Honour to pass as lenient a sentence as in his discretion
was compatible with justice, and to state that they had no reason to
be dissatisfied with the way in which the prisoner had acted in the
case referred to.
The Recorder thought that in this case it was a voluntary
confession. No inducement was held out to him to confess, and it was
not a case of the prisoner turning Queen's evidence. He thought the
prisoner stood quite as an ordinary prisoner.
Mr. Deane said permission was asked from the Bench previous to Marks
being asked to give evidence, and it met with the concurrence of the
Magistrates.
The Recorder repeated that his confession was voluntary.
Mr. Dean said quite so.
The Recorder (to the prisoner): Have you anyone to speak as to your
character?
Prisoner handed in some testimonials, which the Recorder said were
of an old date, and the prisoner replied that he was nine years in
one situation. He was with Mr. Sherwood between eight and nine
years.
Mr. Denman said the prosecutor was in Court if the Recorder wished
to ask him any questions.
In reply to the Recorder, Mr. Sherwood said he had always found the
prisoner a very good servant. He did his duties exceedingly well. He
was very attentive, very obliging, and very civil, not only to
himself and those in the shop, but also to the customers.
The Recorder: Had you any suspicion that he was dishonest?
Mr. Sherwood: Not at all. It was a matter of very great surprise to
me when these disclosures were made. I have no wish to press
vindictively against him.
The Recorder, in passing sentence, said he should listen to what had
been said, though he confessed, as far as his own inclination was
concerned, he perhaps should not do. He had very little doubt that
when the prisoner confessed it was with a view to getting his own
punishment lightened. He was found out –
Prisoner (interrupting): I thought it was nothing but right that the
other man's share in it was known too.
The Recorder: How can you suppose that would excuse you? A man at
your time of life ought to have known better than that. The sentence
I have to pass is that you be imprisoned for three calendar months
with hard labour.
Later on Mr, Denman asked that the hams, which were then in the
possession of Superintendent Wilshere, should be given up to the
prosecutor, and the Recorder ordered this to be done.
|
Southeastern Gazette 4 May 1878.
Quarter Sessions. These sessions were held at the Town Hall on Monday, before J.J.
Lonsdale, Esq., Recorder. Albert Marks was charged with stealing three hams, value £1 16s.,
141bs. of bacon, value 14s,, six eggs, value 6d., four Dutch cheese,
value 12s., the property of John Sherwood, at Folkestone, on the 1st
October, 1877. He pleaded guilty, and was sentenced to three months’
hard labour. Mr. Denman prosecuted. |
Folkestone Express 3 August 1878.
Local News. At the Dover Police Court on Friday, Richard Morley Mosaise, who
said he was living at the Albion Hotel, Folkestone, was charged with
stealing one gold ring, value 9s. 6d., and 16s. from a drawer at 15,
Beach Street, the property of Henry Joseph Marquis, hairdresser, who
deposed: Three weeks ago prisoner came into my shop and wanted a
shave, and I shaved him and cut his hair. He asked me to go out and
get him some rum and milk. I went out and left him in the shop
alone. When I got back he drank the rum and milk, and then a friend
of his came in. They stayed about five minutes, and then they went
away. I went into the kitchen to get my breakfast, and then I
thought of my drawer, and went and missed 16s. in silver and a gold
ring. I did not see him again until yesterday, in Snargate Street,
when I followed him, and he ran away, and a soldier helped me to
stop him. We then took him into Mr. Parton's shop, and he said he
had put the ring somewhere, and Mr. Parton went and found it. John Parton gave corroborative evidence, and prisoner, who pleaded
Guilty, was sentenced to three months' imprisonment with hard
labour. |
Folkestone Chronicle 31 August 1878.
Notice. To THOMAS PREBBLE, one of the Overseers of the Poor of the Borough
of Folkestone, in the County of Kent, and to the Superintendent of
Police for the same Borough. I, JOHN BANKS, Auctioneer, now residing at No. 16, Tontine Street,
in the Parish of Folkestone, in the Borough of Folkestone, do hereby
give you notice that it is my intention to apply at an adjournment
of the General Annual Licensing Meeting for the Borough of
Folkestone, to be holden at the Town Hall, in the said Borough, on
the 25th day of September next ensuing, for a license for the sale
of spirits, wine, beer, porter, cider, perry, and other intoxicating
liquors, to be consumed in a certain house, and in the premises
thereunto belonging, about to be constructed for the purpose of
being used as a house for the sale of intoxicating liquors, to be
consumed on such premises, situate at Bouverie Road, in the Borough
aforesaid, and known by the sign of the Albion Hotel, which I intend
to keep as an Inn, Alehouse, or Victualling house.
Given under my hand this 28th day of August, 1878. John Banks. |
Folkestone Chronicle 14 September 1878.
Advertisement. Auction Sale of a First Class Family Hotel, known as the “Albion”,
and a Private Residence adjoining, situate in Bouverie Square, West
Cliff, Folkestone. Mr. John Banks is instructed to sell by auction at the Albion Hotel,
Folkestone, on Friday September 27th, 1878, at three of the clock in
the afternoon, in one lot, all that modern and substantially built
(Fully Licensed) leasehold family hotel, known as the Albion,
Bouverie Square, Folkestone, together with the leasehold family
residence adjoining, the whole having a frontage to the Bouverie
Road of seventy feet. The hotel contains in the basement five large and well arranged
beer, wine, and spirit cellars, coal cellar and larder. Ground
Floor: Spacious entrance hall, bagatelle room, coffee room, bar, bar
parlour, kitchen, scullery, urinal, and W.C., with separate
entrances to the bar and kitchen. First Floor: Billiard room,
lavatory, 3 sitting rooms, 2 bedrooms, landing and W.C. Second
Floor: Nine well arranged bedrooms, housemaid's closet, fitted with
water supply and W.C. Third Floor: Two attics. The Residence contains on the Ground Floor: Parlour, kitchen,
scullery, store and W.C. First, Second and Third Floors: Drawing
Room, five bedrooms, landings and W.C. In the occupation of the Rev. A.L. Hussey, at the low and inadequate
rent of £35. Held under a lease for a term of 83 years, from the 26th day of
March, 1866, at the very low annual ground rent of £14. The landlord's fixtures will be included in the sale. The household furniture, linen, plated goods, fixtures and other
effects in the hotel to be taken by the purchaser at a valuation to
be made in the usual way. Four-fifths of the purchase money of the lease may remain on
mortgage at 4½ percent per annum, and two-thirds of the valuation of
the furniture and effects may remain on good security at 5 percent
per annum, and the stock-in-trade to be paid for on completion of
the valuation, and not to exceed the sum of £300. |
Folkestone Chronicle 28 September 1878.
Auction Sale. Yesterday afternoon, in the presence of a large company, Mr. John
Banks, auctioneer, sold the valuable leasehold premises known at
“The Albion Hotel”, Bouverie Road. In a few practical remarks the
auctioneer pointed out the value of a property like this in such a
neighbourhood, showed the advantages the late proprietor gained from
it, and the still further advantages whoever took the house would
acquire. The first bid offered was £2,500; from that the bidding was
quickly increased to £4,200, at which sum it paused a little, but
afterwards reached in bids of £10 to £4,240, at which large sum it
was knocked down. |
Folkestone Express 28 September 1878.
Wednesday, September 25th: Before J. Clark and W.J. Jeffreason Esqs.,
Alderman Caister and Captain Crowe. Adjourned Licensing Meeting. The Albion Hotel. Mr. Mowll applied on behalf of Mr. John Banks for a license for the
Albion Hotel. Mr. A.H. Gardner opposed the granting of the license
on behalf of owners of and residents in adjoining houses. Mr. Mowll said it would be ungenerous on the part of Mr. Gardner if
he forced him into a disclosure of the whole facts of the case. Mr. Banks was called by Mr. Mowll, and having given his evidence,
was cross-examined by Mr. Gardner as follows: Are you the occupier; are you actually in possession of the
premises? – Not now, but I shall be. Do you ask for the license for your own occupation, or as tenant for
the purpose of selling the property? – I intend to sell the
property. In other words, you mean to transfer the license? – Quite so. Mr. Gardner said he appeared on behalf of several owners of property
close to the Albion Hotel, and he was instructed to present a
petition against the granting of the license. It was admitted by Mr.
Banks that he was going to transfer the license. He could prove that
several convictions had been recorded against the house, it had been
badly conducted, and it was the feeling of the neighbours that the
license ought not to be renewed. It was felt that if it was passed
over the Bench might think there was nothing against the house. The
petition was signed by Mr. Clark, and several trustees of the
National Schools. There were already within a short distance the Gun
Tavern, the Bouverie Arms, the Foresters Arms, and the Shakespeare
Tavern, and there was ample accommodation for the wants of the
neighbourhood. The position and construction of the house, too, were
bad. He also contended that Mr. Banks was not the occupier of the
premises. Mr. Mowll: Have you got any evidence? Mr. Gardner: I simply put in that memorial. Mr. Mowll: And no evidence on oath at all. I don't know whether your
worships will take any notice of that memorial at all. The Magistrates' Clerk said the convictions were in 1872 and 1874. The Bench decided to grant Mr. Banks a license. |
Southeastern Gazette 28 September 1878.
Local News. The Albion Hotel. Alderman Banks has obtained a licence for this hotel, the old one
having been allowed to lapse. The application before the magistrates
on Wednesday was opposed. |
Folkestone Express 5 October 1878.
Local News. Sale of the Albion Hotel. Last Friday Mr. John Banks sold the lease of this hotel by auction.
It was purchased for Messrs. Nalder and Coyer, brewers, of Croydon,
for the sum of £4,240. |
Southeastern Gazette 7 October 1878.
Local News. The Albion Hotel. On Friday Mr. John Banks sold the lease of this hotel by auction. It
was purchased for Messrs. Nalder and Colyer, brewers, of Croydon,
for the sum of £4,240. |
Folkestone Express 26 October 1878.
Wednesday, October 23rd: Before Aldermen Caister and Sherwood, and
Captain Carter. The Albion Hotel. The license of this hotel was provisionally transferred to Thomas
Benjamin Brian. |
Southeastern Gazette 20 January 1879.
County Court. Saturday, before George Russell Esq., Judge. Daniel Matthews v. W. B. Jacob: Claim for £4 for expenses incurred
in attending defendant’s trial at the Central Criminal Court. John
Slater and Arthur Andrews also summoned the defendant for their
expenses in the same case, amounting to £6 and £4 respectively. His Honour, having heard the evidence, gave judgment for the
plaintiffs for the full amount claimed. |
Folkestone Chronicle 25 January 1879.
County Court. Before G. Russell Esq. Daniel Matthews v W.H. Jacobs: Claim £4 for the expenses incurred in
attending the defendant's trial at the Central Criminal Court. John
Slater and Arthur Andrews also summoned the defendant for their
expenses in the same case, amounting to £6 and £4 respectively. His Honour, having heard the evidence, gave judgement for the
plaintiffs for the full amount claimed. |
Folkestone Express 25 January 1879.
County Court. Saturday, January 18th: Before G. Russell Esq. Daniel Matthews v W.H. Jacob:Mr. Minter appeared for the plaintiff,
and Mr. Mowll for the defendant. This was a claim for £4 10s. for plaintiff's expenses and loss of
time in attending on a subpoena at the recent trial of the defendant
in the Central Criminal Court. There were two other plaints in which the questions involved were
the same. The plaintiffs are all tradesmen, and they claimed at the rate of £1
per day for their expenses, the defence being that they were only
entitled, according to the scale adopted by Mr. Avery, the Clerk of
Arraigns, to 2s. per day. They were not skilled evidence, but
witnesses to matter of fact. There were about 30 witnesses taken to
London, and they had all been settled with but these three. Mr. Minter remarked that Mr. Avery's scale was only applied to
witnesses who were bound over to attend at prosecutions. His Honour said the only question was whether, having regard to the
position of the plaintiffs, and the time they were withdrawn from
their businesses, the claims were reasonable. He was bound to say
they were, and he accordingly gave a verdict for the plaintiffs. |
Folkestone Express 17 May 1879.
Wednesday, May 14th: Before W.J. Jeffreason Esq., and Aldermen
Caister and Sherwood. The Albion. Temporary authority was granted to George Wright to carry on this
hotel until next licensing day. |
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