9 Harbour Street
Folkestone
Above photo kindly sent by Peter Russell, showing a damaged photo of the
"Alexandra Hotel" from between 1934 and 1943. |
Open on 15th September 1866 as a beer only house but wines and spirits
were licensed on the 11th October and the premises continued to at least 1940.
The hotel contained 16 bed-rooms was closed 1940 due to the war and the
licence suspended in 1943. On 13th July 1949 it the licence was transferred
to the "Carlton Hotel" the premises having been boarded up all that time and
eventually demolished in 1950.
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 fifth applicant was Mr. Spurrier, for a license to the
Alexandra, an hotel recently erected by him in Harbour Street, in
support of which he presented a petition signed by several
householders in the locality.
Mr. Boult, landlord of the Victoria in South Street, said that on
the second Sunday when the notice should have been on the door he
noticed that it had been removed to the window to allow the door to
be painted, and he called the attention of Supt. Martin to it.
Besides the house was not finished even now.
Mr. Spurrier denied this, and said the notice was not removed from
the door till the 28th.
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. Spurrier.
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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 Chronicle 22 September 1866.
Advertisement.
Public Notice.
The Alexandra Hotel.
Harbour Street, Folkestone,
Is Now Open
For the sale of first class Pale and Burton Ales,
Truman, Hanbury & Co.'s London Ales, Porter and Stout.
n Thursday October 11th It Will Be Licensed
For the sale of First Class Wines and Spirits.
The Hotel Department will be carried on with strict
attention to the comfort of visitors, at a moderate tariff.
Bass's Bottled Ales Guinness's Bottled Stout
C.W. Spurrier, Proprietor.
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Folkestone Chronicle 3 November 1866.
Suspected Murder Of A French Gentleman.
On Saturday morning last a report reached here of the discovery, by
a coastguardsman, about half past ten on Friday night, of the body
of a gentleman who had evidently been brutally murdered and left on
the beach at Sandgate, near Seabrook. Information was at once given
to the Station of the County Police at Seabrook, which is strange to
say but a very short distance from the spot where the body was
found. Notwithstanding every exertion has been used by the Police to
discover the perpetrator of this foul deed, no clue up to the
present moment has been obtained.
The body has been identified by Mr. C.W. Spurrier, proprietor of the
Alexandra Hotel, Folkestone, as being that of a French gentleman who
arrived at his house on Thursday afternoon by train from Dover,
having crossed the Channel from Calais. He slept at the hotel that
night, and having breakfasted next morning paid his bill and left,
as he stated, to walk to the Camp at Shorncliffe to see a friend. He
left in his room a railway wrapper and a travelling valise, and said
in broken English that he should return to dinner. He has been
traced to having been in the company of a soldier and two females in
a public house in Sandgate up to half past nine on the evening of
the murder, only an hour previous to the discovery of his dead body,
which had received several severe blows about the face and temples.
Notwithstanding it was a bright moonlight night, the tide having
just begun to flow, and a gang of men had been working near the spot
up to half past nine, strange to say this cowardly murder was
committed without observation and without any cries for help having
been heard.
He had evidently been dragged down the beach to the water's edge and
there left; the body was not stiff when found. Whether his murderer
or murderers committed any robbery is unknown, but there was found
upon him about £4 in money, partly in silver, a silver Geneva watch
with a platinum Albert chain, a latch key, and a draught letter in
French upon family matters (the signature as near as can be
deciphered, “Gabriel”), but affording no clue to his connections. He
was about 35 to 40 years of age, 5 ft. 6 in. in height, stout built,
fresh complexion, high forehead, slightly bald, brown beard and
moustache. He was of respectable appearance and dressed in a dark
coat, overcoat, and vest, grey tweed trousers, shirt with pink
spots, and plated sleeve links, new side-spring boots (French make),
white socks marked in red cotton with the initials “O.L.”, and had a
cambric handkerchief with the same mark. All the clothing appeared
to be nearly new. There were also found upon him several French
Railway time tables, showing that he had recently been travelling in
France.
An inquest on the body was opened on Saturday at Sandgate, and the
jury returned an open verdict of Found Drowned! (If our information
is correct, the verdict seems to us to have been one of the most
extraordinary that could have been returned, as the body had not
been in the water at all. Ed.)
By a singular coincidence another French gentleman, of rather
eccentric habits, was staying at the same hotel, who was in
possession of a considerable sum of money. Some confusion has
occurred in the identity of these two individuals, it having been
reported that the unfortunate gentleman who had been murdered was
the one above referred to, and that he had been robbed of all his
money.
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Southeastern Gazette 6 November 1866.
Local News.
We noticed in our last week’s impression the finding of the body of
a man who is supposed to have been a Frenchman, close in shore near
the police station at Seabrook, under very suspicious circumstances.
The deceased was a stranger to the district, and put up at the
Alexandra Hotel, Folkestone, on Thursday evening week, carrying a
travelling bag, just after the arrival of the South Eastern
Company’s passenger steamer Napoleon III from Boulogne. He slept at
the hotel that night, and next morning paid his bill, left his bag
in his room, and proceeded on foot to Shorncliffe Camp, remarking in
broken English that he should return to dinner. He is traced to the
company of two prostitutes in the evening in a Sandgate beerhouse,
where he left with them, and proceeded to a public house. At nine
o’clock he left the latter house in liquor, but not decidedly drunk,
and from the door of that house he cannot be traced alive. About
half-past ten o’clock the same night his body was found as before
stated, half in the sea and half on the shore. It was a moonlight
night, the tide had just begun to flow, and a gang of men had been
working on the spot down to 9.30 p.m; a coastguardsman was stationed
about a hundred yards off, and the police station and barracks were
barely 250 yards off the spot, the highway running between them; yet
either a brutal murder was committed on the slightly sloping beach
without observation, or the murder was done at a short distance and
the body dragged down the beach to the water’s edge without any
notice. The discovery was made at half-past 10 by four men rowing
westward on a fishing expedition. The gentleman during life had
received a heavy blow on the nose between the eyes, and an
extraordinarily heavy blow on each temple, but life appears not to
have been extinct when the body was thrown into the water. On the
body was found about £4 in money (chiefly French), a silver watch
with platinum watch guard, and a draft letter, in French, on family
matters (the signature, as nearly as it can be deciphered,
“Gabriel”), but giving to strangers in it the slightest clue to his
connections. There were bruises on each side of the temples, also on
the bridge of the nose, which were quite fresh and bleeding when
taken from the water.
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Folkestone Chronicle 17 November 1866.
Thursday November 15th:- Before W. Bateman Esq., Captain Kennicott
R.N. and J. Tolputt Esq.
Margaret Corfield, a person connected with an itinerant rag and bone
merchant, was charged with stealing a spirit measure from the
Alexandra Hotel, on the previous day.
Charles William Spurrier, proprietor of the Alexandra Hotel,
identified the measure produced as his property by certain dents
outside, and sundry scratches inside it. The value of it was 1s.
P.C. Ovenden deposed that he was on duty in High Street on Wednesday
afternoon. Just after three o'clock, from information received, he
went in pursuit of prisoner, whom he found at the Dolphin Inn,
Kingsbridge Street. He took her into custody on a charge of stealing
from the Fountain Inn, and took her to the police station. On the
way there she dropped the measure produced from under her clothes.
He afterwards found this was not the measure that was stolen from
the Fountain Inn, but belonged to the Alexandra Hotel.
Elizabeth Jacobs, barmaid at the Alexandra Hotel, deposed that
prisoner came into the bar of the hotel between two and three
o'clock on Wednesday afternoon and had a glass of ale. She was there
about half an hour, but the bar was not left during that time. The
pewter measures sometimes stand on the counter while in use, but she
did not remember that they were there at the time, nor could she say
when she had last seen the measure. She did not miss anything after
prisoner left.
Prisoner stated that she took the measure from the Fountain; she did
not take anything from the Alexandra, but she pleaded guilty for the
purpose of being tried by the bench, and was committed for two
months' hard labour.
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Folkestone Observer 17 November 1866.
Thursday November 15th:- Before W. Bateman and James Tolputt Esqs,
and Captain Kennicott R.N.
Margaret Carefield was charged with stealing a pewter spirit
measure.
Charles William Spurrier, proprietor of the Alexandra Hotel,
identified a small spirit pewter measure as his property, value 1s.
Had seen the prisoner at his house the day before yesterday, but not
on yesterday.
P.C. Ovenden was on duty a little after three o'clock yesterday
afternoon in the High Street, and from information received went to
the Fountain Inn in that street, when Mrs. Morford told him she had
lost a pewter measure, and described the prisoner. He then went in
search of her and found her in the Dolphin Inn, and took her into
custody. Bringing her up to the station, prisoner dropped the
measure from under her clothes in Broad Street. Witness saw it fall,
and as he stooped to pick it up a gentleman stooped at the same time
and picked it up and gave it to witness. Had observed all the way up
High Street the uneasiness of the prisoner, as if she had something
she desired to get rid of. Made enquiries and ascertained that the
measure belonged to Mr. Spurrier.
Cross-examined: Prisoner was just in front of witness, not an arm's
length off, when the measure was picked up. It was picked up from
close to his feet.
Elizabeth Jacobs Spurrier, residing at the Alexandra Hotel, saw
prisoner come into the bar of the hotel yesterday between two and
three o'clock for a glass of ale. Witness served her. She was in the
bar about half an hour. Witness thought she did not leave the bar at
all during the time prisoner was there. When the spirit measures are
being used they stand on the bar. Could say that it was Mr.
Spurrier's spirit measure, but could not say whether it was on the
bar yesterday. Had not discovered the loss of the measure when the
policeman called, between five and six o'clock. Identified the
measure.
Cross-examined: Prisoner stood at the bar some portion of the time,
while calling for the beer, and afterwards sat on the form. She was
certainly there half an hour. Did not remember when she last saw the
measure.
Prisoner now pleaded guilty to taking the measure from Mrs.
Morford's bar.
The Clerk: If you plead guilty to stealing from Mrs. Morford's, that
is not guilty to stealing from Mr. Spurrier.
Prisoner: Then I must plead guilty, I suppose, to have it decided
here.
She was sentenced to two months' hard labour.
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Folkestone Chronicle 11 May 1867.
Wednesday May 8th: Before the Mayor, Captain Kennicott RN, and J.
Tolputt Esq.
Charles William Spurrier was summoned for assaulting Richard Hawkes.
Prosecutor was recently employed as porter at the Alexandra Hotel,
of which defendant is the landlord. On Sunday morning last between
eleven and twelve o'clock, he went into the bar of the hotel with a
friend who called for a pint of beer. Defendant told witness to take
off his cap and waistcoat, and he did so, saying he had a right to
his own sleeves which he had put in the waistcoat. Defendant then
struck him seven times, and turned him out of the house. In
cross-examination witness said he had been with defendant six
months, and was discharged on Saturday.
Thomas Hart corroborated prosecutor's evidence.
Mr. Minter addressed the bench on behalf of defendant, and the case
was dismissed.
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Folkestone Observer 11 May 1867.
Wednesday, May 8th: Before The Mayor, Captain Kennicott R.N. and J.
Tolputt Esq.
Charles William Spurrier was charged with assault.
Mr. Minter appeared for the defendant.
Richard Hawkes, lately porter at the Alexandra Hotel, said: On
Sunday morning last, between 10 and 11 o'clock, I went into the bar
of the Alexandra Hotel. A friend of mine was there, and called for a
pint of beer. Mr. Spurrier was there, and he told me to take off my
cap and waistcoat, belonging to him. I said to him “All right, old
man. I'll let you know about this”. I told him I was entitled to the
sleeves that I had put in, the old ones being worn out. I took the
waistcoat and cap off, and Mr. Spurrier then struck me. He hit me
seven times, and said he would break my jaw for me. I said “That is
a pretty way to send me home on a Sunday morning, without any cap or
waistcoat”. He said “Get out of my house”, and I went out.
Cross-examined: Mr. Spurrier put me out. It was between 10 and 11 on
a Sunday morning. I'm sure it was not 12 o'clock. I have been living
with Mr. Spurrier six or seven months. I can't say how often during
that time he has given me notice to leave his service. He gave
notice on Saturday night, and I said I would go at once. He did not
say anything about leaving my uniform behind. I told him on Sunday
morning I would bring the coat and waistcoat back if he would let me
wear them home then.
Thomas Hart, mariner, said: Last Sunday morning, a little after 10,
I was on the Harbour, talking to Hawkes. He asked me if I was going
to have half a pint of beer. I said I didn't mind. We went together
to the Alexandra, and called for a pint of half and half. Mr.
Spurrier refused to draw it, and said to Hawkes “Pull off that
waistcoat”. Hawkes said “All right, sir, I'll send it down after
dinner”. Mr. Spurrier said “Pull it off now”, and Hawkes pulled it
off. Mr. Spurrier said “Pull off that cap”, and Hawkes said “I've
been a good servant to you, sir, and I shall have you”, and with
that, Mr. Spurrier up with his fist and hit him, and said “You'll
have me? What are you going to have? I'll break your ----- jaw”.
Hawkes then put on his coat and went out.
Cross-examined: Did not see Mr. Spurrier telling Hawkes to go out,
and on his refusing to go out, Mr. Spurrier put him out. Don't know
that I heard Hawkes swearing on the outside. Believe I did not. It
was a long sleeve waistcoat. Heard Hawkes saying “Part of these
sleeves belong to me”, but did not see him tear the sleeves. My back
was to him. He put the waistcoat on the counter. Did not see him
attempt to tear the sleeves before he put it down.
Mr. Minter said it was a paltry case, and he thought the Bench would
take no notice of the last witness, because it was given in such a
loose manner. Hawkes was a servant of Mr. Spurrier, and he went on
Sunday morning ostensibly to get some beer, at a time when the house
should be closed. But being an hotel, a side door was open for
residents and passengers, and Hawkes knowing the way of the house
went to the house with his companion for the purpose of annoying
him. The man was improperly in the house and Mr. Spurrier had a
right to turn him out, and as he was tearing up the waistcoat, Mr.
Spurrier took his clothes from Hawkes and bundled him out. Hawkes
went there to make up a disturbance, and even if Mr. Spurrier did
commit what in law was an assault, the Bench would say that
complainant had brought what occurred upon himself, and it was a
trumpery case, which they would dismiss.
The Mayor, having consulted the magistrates, said the justices
considered that the evidence they had heard against Mr. Spurrier was
at variance, and on the other hand the complainant ought not to have
been at the Hotel on Sunday morning, that it was a very improper
time for him to be there, and more than that, he went there with Mr.
Spurrier's clothes on, which he had no right to wear, he having been
discharged. They therefore dismissed the case.
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Folkestone Chronicle 19 September 1868.
Monday September 14th: Before Captain Kennicott R.N. and J. Tolputt
Esq.
Mary Beedel was charged on a warrant, having neglected to appear in
answer to a summons, with having assaulted Mr. Spurrier on the 6th
instant. Mr. Minter appeared for complainant, and Mr. Creery, of
Ashford, for defendant.
Charles William Spurrier, the complainant, proprietor of the
Alexandra Hotel stated that defendant went to the hotel on Tuesday
week and remained until the following Sunday. On Sunday afternoon a
young man went to the bar and asked for defendant, and they both
went into his private sitting room. He objected, and asked them to
go into the coffee or dining room, and after some persuasion she
left. Soon after, in consequence of what his servant told him, he
went to the dining room, where two gentlemen were at dinner,
defendant being also there, and without saying anything to him, she
rose from the table and threw a knife at him, using at the same time
a foul epithet, saying she would stab him in the heart. Witness left
the room and sent for Superintendent Martin.
Cross-examined: In the evening I took defendant by her arms and
turned her out of doors. We both fell. I have received a letter from
defendant's solicitor claiming £500 damages.
Sarah Wright, chambermaid and waitress in the employ of Mr. Spurrier,
was called. She said she was waiting in the dining room on the 6th
instant, and when defendant went into the room, she began to swear
at her, so that she was obliged to fetch her master, and when he
came into the room defendant threw a knife at him.
Examined: The gentlemen said they would not stay in the room with
defendant. She got drunk and was abusing everybody.
Mr. Creery addressed the Bench, but called no witnesses, and
defendant was convicted of the assault, and fined 10s., with 17s.
6d. costs, or seven days' hard labour.
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Folkestone Observer 19 September 1868.
Saturday, September 12th: Before Captain Kennicott and Alderman
Tolputt.
Mary Beedle was summoned by Charles William Spurrier for assault.
Mr. Minter for complainant.
Defendant did not appear, but a letter was put in from the Harp
Hotel, Dover, in which defendant stated that she proposed coming to
Folkestone as early as possible, and bring her solicitor with her to
explain the case for her. She had not committed any assault upon Mr.
Spurrier, but he nearly dashed her brains out by throwing her with
great force on the pavement.
Mr. Minter said it was only due to Mr. Spurrier that the case should
be heard, and applied for a warrant that defendant might be
compelled to appear.
The application was granted.
Monday, September 14th: Before Captain Kennicott and Alderman
Tolputt.
Mary Beedle was brought up on a warrant charged with assaulting Mr.
Spurrier.
Mr. Minter appeared for plaintiff, and Mr. Creery, of Ashford, for
defendant.
Complainant said: I am the proprietor of the Alexandra Hotel in this
town. The defendant came to the hotel on Tuesday week and stayed
till the following Sunday. At three o'clock on Sunday afternoon a
young man came to the house and asked for her. He went up into my
private sitting room with her, and I objected to it, and wished her
to withdraw to one of the public rooms. After a deal of persuasion
she went downstairs into the coffee room, and after remaining there
about a quarter of an hour returned upstairs. She went to the dining
room, where two gentlemen were waiting. In consequence of what my
servant told me I went to the dining room, and on opening the door I
saw the defendant standing at the table near the door. On my
entrance she rose from the table and, taking a large table knife in
her hand, stepped back towards the window, called me ---- villain,
and swore she would stick me to the heart. (Defendant: Oh, mty God!
Oh, what a wretch! Is there a God?) She immediately threw the knife
at my head. It passed me and struck the frame of a picture that was
hanging against the wall. I left the room immediately and sent for
the Superintendent of Police.
By. Mr. Creery: I objected to her going into my sitting room with
the young man. I had permitted her to use that room on previous
occasions to write letters. There were two gentlemen in the dining
room at the time of the assault. I have not got them as witnesses. I
did not subpoena them as I did not think it necessary, as my servant
saw the assault. Defendant had been dining in that room. It was a
good-sized table knife she threw at me, and not a dessert knife. I
was standing three or four feet from her. She threw the knife. I was
going to request her to retire from the room in consequence of what
the servant had told me, but not a word was spoken on either side
before the knife was thrown in a direct line with my head. I did
take defendant by the arms and put her out of the house; that was in
the evening. She fell, and I also went down. I tripped over the
luggage, and she over the step of the door. She fell on the back of
her head. I applied for this summons on Thursday. I had a letter from
the solicitors at Dover, claiming on behalf of the defendant £500
damages for an assault I committed upon her. I received that letter
on Tuesday morning, but did not apply for the summons until
Thursday. I do not know the position of the defendant, but I believe
she gets her living by attending schools and teaching some artistic
work.
In reply to Mr. Minter, complainant said it was in the evening when
he turned defendant out of doors, and did so then in consequence of
the abuse she heaped upon him.
In answer to Mr. Creery, complainant denied that there was any truth
in the assertions defendant made. (Defendant excitedly “Put him on
his oath! He is a lira! I wish God may strike him dead!) Complainant
still said her assertions were unfounded, and defendant more
emphatically than ever exclaimed “Liar! You did come into my
bedroom, God strike me dead!”
Sarah Wright, complainant's servant, corroborated the statement of
her master.
Mr. Creery, in replying to the case on behalf of the defendant,
contended that the assault was a very trivial one, defendant having
simply thrown her plate and it's contents off the table. Without
imputing anything like perjury to Mr. Spurrier or his witness, he
submitted that they had exaggerated a little. This was to be
inferred from Mr. Spurrier's own evidence. He had told them that he
received a lawyer's letter on the Tuesday, and that he took out the
summons on the Thursday following, and the Bench might depend on it
that had it not been for that lawyer's letter they would not have
heard anything of this case. He trusted, therefore, their Worships
would consider it as a trumpery matter, and if they were satisfied
that an assault had been committed, impose the smallest possible
penalty.
The room was cleared for a short time, and on the re-admission of
the public, Captain Kennicott told defendant there was no doubt she
had been guilty of a serious assault, and had Mr. Spurrier taken the
proper steps the consequences might have been very serious indeed.
Under the circumstances, however, the penalty would be a light one.
She was fined 10s., and 17s. 6d. costs.
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Folkestone Express 19 September 1868.
Monday, September 14th: Before Captain Kennicott R.N. and Alderman
Tolputt.
Mary Beedell, a respectably dressed female, was charged with an
assault. She seemed to feel her position when brought before the
Bench, and was allowed a seat during the examination. Mr. Minter
prosecuted, and Mr. Creery, of Ashford, assisted by Mr. Lewis, of
Dover, defended.
Mr. C.W. Spurrier, proprietor of the Alexandra Hotel, Folkestone,
deposed that defendant had been stopping at his hotel for about a
week. On Sunday the 6th inst., at three o'clock in the afternoon, a
young man called and asked for the defendant, and went upstairs. She
showed him into a private room, to which witness objected and asked
them to withdraw to the dining room or coffee room downstairs. The
defendant objected, but afterwards went downstairs into the coffee
room with the young man. After being there for about half an hour
she left him and went upstairs to her bedroom. A servant shortly
afterwards came to witness, and in consequence of what she said he
went upstairs to the dining room and opened the door. The defendant,
who was in the room sitting at a table near the door, rose from her
seat and took a large table-knife, stepped back towards the window,
called him by very opprobrious epithet, and said she would stab him
to the heart. She then threw the knife at his head; it passed within
8 inches of it and struck a picture frame about 6 feet from the
ground. He then left the room and sent for Mr. Martin, the
Superintendent of the police. This was about half past four o'clock.
Cross-examined: She always paid her bills. He objected to the young
man going into the room, but she showed him in. Did see something to
complain of; the defendant was on the couch in an unladylike
position. They were in the sitting room three minutes. She had spent
about £3 during the time she stayed at the hotel. There were two
gentlemen in the dining room when the assault took place; the
servant was also present. Defendant had dined in that room. The
knife bruised the frame. On the same evening witness took defendant
and pushed her out of the house. Do not know the position defendant
was in. She attends schools teaching some artistic work.
Re-examined: He went into the room in consequence of what the
servant said. It was half past eight at night when they turned her
out. During the intervening time she had hysterics and was raving
mad.
Sarah Wright said she was in the employment of Mr. Spurrier as
chamber maid and waitress. On the day mentioned she had to wait on
two gentlemen who were dining in the dining room. The defendant was
there and swore at her. In consequence of this she went downstairs
and complained of her to Mr. Spurrier. He went up to the dining room
and witness followed. Defendant took up a knife and threw it at him.
Cross-examined: She was standing just behind Mr. Spurrier. Defendant
was having her dessert, and did not throw the dessert off the table,
but she knocked the glasses down. Did not see her throw the knife
off a plate. The picture was at the side of the door. Defendant
swore at witness, and that was not the first time; she swore because
she did not take her dessert up. Mr. Spurrier did not say anything
to her. The gentlemen said they would not stop in the room if
defendant remained there; she sometimes got “tight”.
By the Bench: She had drank half a pint of sherry and a glass of
bitters previous to the dessert.
Mr. Creery said he had seldom met with such an extraordinary case as
this, and was surprised that she was charged with assaulting the
landlord of this hotel. She is placed in a most unfortunate
position, as her mouth is shut, and it was only through him that she
could represent her case to the Bench. Defendant is employed in
giving lessons in artistic work, and she has been so employed in
Folkestone for some time. She is now somewhat excited, but not more
than any young lady would be who was locked up since Saturday. Your
Worships will see there must have been some provocation. She must
have had a cause, and if this is not so she must have been in a
state of madness. Mr. Spurrier and this lady had no previous
disturbance. According to what the last witness says she does not
wait for Mr. Spurrier to say anything, but takes up a knife and
throws it at his head. This lady, after spending the money, was
entitled to be treated with respect by the servant. He did not
impute to Mr. Spurrier or his witness perjury, but the evidence was
exaggerated. Defendant took up a dessert plate and threw the knife
off the plate. If there was an assault, he hoped the smallest fine
would be inflicted. There was something peculiar in this case. Why
did not Mr. Spurrier call the two gentlemen as witnesses?
Mr. Minter: I should be happy to adjourn the case to allow Mr.
Creery to call them.
Mr. Creery: The case could have been heard here on Monday morning,
and then those gentlemen could have been called. Mr. Spurrier did
not say a word about the assault till he got the lawyer's letter,
and he thinks he will have the first pull, and he has got it. On
another occasion they may bring it before the Bench again. Why were
the police not called in? The first man on the spot is the
Superintendent and why is he not called, and why did Mr. Spurrier
not give her into custody.
Mr. Minter: You cannot do so.
Mr. Creery would have done so himself.
The Court was then cleared; the defendant had interrupted the
proceeding several times and was very much excited. After a short
deliberation the doors were thrown open.
The Bench said they were sorry to see defendant here under such a
charge, and had Mr. Spurrier taken steps at once the fine would have
been very heavy. They had decided to fine her 10s. and 17s. 6d.
costs, or seven days' imprisonment. The fine was paid.
|
Folkestone Observer 17 October 1868.
County Court.
Monday, October 12th: Before W.C. Scott Esq.
F.W. Lankester and E. Evans c C.W. Spurrier: A claim for £15 14s.
4d. brought by plaintiffs, who are tradesmen in London, against Mr.
Spurrier, the landlord of the Alexandra Hotel in this town, for a
quantity of spirits &c.
Mr. Minter, for defendant, admitted two items amounting to £1 19s,
but denied having ordered the remainder.
Plaintiffs' traveller swore that he took the order for the whole of
the things from defendant personally, and produced his pocket book
in which he noted down the various items at the time the order was
given.
Cross-examined: Would swear defendant gave the order for the things.
Did not know that some of the things were bad. Knew defendant had
been to the firm in town, but was not there at the time. Did not
know whether defendant had used any of the articles or not.
Defendant had complained that the articles were bad.
Defendant admitted having given the order for two items, but
positively denied any further order. The articles were submitted to
him, and he told the traveller distinctly they were things he did
not use, and did not require them. He had not used any of the
articles, except the two he ordered. He called upon the firm in
London and told them that he did not order the goods, that it was a
mistake on the part of their traveller, and they agreed to take them
back again. Most of them were flavourings that he did not use. He
was willing to pay the £1 19s. for the two items; he had touched
nothing else.
His Honour said it appeared that the firm themselves were willing to
take for the two items only, and it was quite impossible, after that
evidence, for him to give a verdict for the whole amount. Verdict
was accordingly given for £1 19s., the goods to be returned.
S. Finnis v C.W. Spurrier: A claim for £6 4s. 9d. balance of account
for materials, plaintiff being a timber merchant at Dover.
Mr. Minter for defendant.
Defendant admitted the delivery of all the goods, but objected to
four items of the account which were not in accordance with the
prices firs given by plaintiff to defendant. An overcharge of £9 2s.
6d. was made out, that sum including a deduction for four rotten
spars that were delivered. Defendant said he had worked the items
out carefully according to plaintiff's own prices and found the
result to be as stated.
No evidence was given to the contrary, and plaintiff was non-suited.
|
Folkestone Express 17 October 1868.
County Court.
Monday, October 12th: Before W.C. Scott Esq.
Ramsden & Co. v Spurrier: This was an action to recover £15 14s. 4d.
for goods supplied to the defendant, who is landlord of the
Alexandra Hotel.
Mr. Minter appeared for the defendant.
A traveller, in the employ of the plaintiffs, deposed that he took
the order for the goods from the defendant, and that he forwarded
the particulars in the usual course, and the goods were sent in
April of this year.
Mr. Minter, for the defendant, admitted that an order had been given
by defendant as to £1 19s., for which he had been always ready to
pay, but as to the remainder, the defendant would distinctly deny
having given the order, and the traveller in his anxiety to do
business, had no doubt caused the goods to be sent in the hopes that
defendant would accept them. He, however, had declined to do so, and
had called on the firm in London and explained the matter, and they
had agreed that their traveller should on his next journey take back
the goods.
Defendant was called and examined, and having supported his
solicitor's statement, His Honour decided that he was liable for £1
19s. only.
|
Folkestone Chronicle 28 November 1868.
Coroner's Inquest.
On Wednesday morning, about half past eleven o'clock, the dead body
of a gentleman was cast ashore on the beach opposite the West end of
the Leas. It appears that a female who was on the Undercliff
footpath first saw the body, but for a long time no-one came by, so
she waited till a man named Williams, of Hythe, passed, and he gave
the alarm. This woman should certainly have been found, and her
evidence given before the coroner. It was remarked as very singular
that nothing save an eye-glass and a railway pass should be found on
the deceased, when he had been staying at an hotel. The particulars
will be found recorded below.
An inquest on the body was held at the Alexandra Hotel on Thursday
afternoon before J, Minter Esq., and a jury.
The court having been duly opened, the coroner asked who was his
first witness, and his officer replied that he had none – the police
had prevented him from obtaining information. The jury accordingly
waited while Mr. Eastes was sent for. Supt. Martin, who came in soon
after, was asked how the matter stood, and he said he was always
willing to give Morford all the information he could.
The jury then proceeded to view the body, and on their return S.
Eastes, surgeon, said: About noon yesterday I was called by
Williams, a coastguardsman, to the Lower Sandgate Road to see a body
which had just been found on the beach, and which the jury have now
viewed. I found it that of a middle-aged man. It was a few yards
from the water's edge, opposite the new bathing establishment. The
body was dressed, except that it had no coat or hat on. I examined
the deceased. There were one or two superficial cuts over the right
temple, and several abrasions of skin over the nose and forehead, as
though it had been knocked against the rocks and shingle. Several
pieces of shingle were up the nostrils. There were no other marks of
violence, and the body presented the usual appearance of death by
drowning. He had evidently been dead but a few hours, as only
partial rigidity had come on. On unbuttoning the shirt I saw the
name of J.V. Gibbs marked on the guernsey. The police searched the
body in my presence, but only found an eye-glass in the waistcoat
pocket.
William Williams, a tailor of Hythe, said he was coming into
Folkestone about half past eleven on Wednesday morning, and just
before he reached the Bathing Establishment a lady called his
attention to the body of deceased, lying on his face on the beach,
close to the water's edge, quite dead, and the clothes wet. There
were several large rocks near the body.
Thomas Hunter, labourer, of South Street said he occupied a garden
on the Lower Sandgate Road. About ten o'clock yesterday morning he
went to the garden, and before getting there, just beyond opposite
Royal Terrace, he found the hat, coat, and gloves produced, lying on
one of the seats on the Undercliff footpath. In the coat he found a
first class railway pass, London and South Western Railway, between
Waterloo and Putney, with the name J.V. Gibbs Esq. He took them to
the police station. The tide ebbed from about nine o'clock.
Alfred Stone, boots at the Paris Hotel, said deceased came to the
Paris Hotel on Tuesday, about half past four. He had some cold meat,
ale, and half a pint of sherry, and a cigar with port wine negus
after. He then wrote a letter which witness posted. It was addressed
to Mr. or Mrs. Gibbs. Deceased appeared very dull, and went to bed
at ten. He got up at half past seven, paid his bill, and went out.
He had no luggage with him.
P.C. Hobday said between eleven and twelve o'clock he received
information of the discovery of a dead body on the beach. He sent
for a doctor, and took P.C. Smith with a stretcher. Deceased was
lying between the third and fourth groynes, about five yards from
the water's edge. He was in charge of an officer and two men of the
coastguard. Witness searched the pockets and only found an
eye-glass. No money, watch, or jewellery.
Elizabeth Kennett, cook at the Paris Hotel, said deceased paid her
his bill on Wednesday morning. It amounted to 3s. 6d. He gave her
two half crowns, telling her to keep the change. She did not notice
anything peculiar about him. She watched him go round the Clock
House on to the beach. She had no reason for watching him, but often
watched visitors round to the station. When deceased came down
stairs he had a coat on his arm, but she could not remember whether
he had one on or not. He did not carry one out of the hotel. He did
not take the 5s. out of a purse.
John Lewis Rutley, gentleman, living at Stratford House, West Hill,
Putney, said: Joseph Vine Gibbs, the deceased, was a tea merchant,
carrying on business at Pall Mall, was my father in law. I believe
his age was fifty five.
At witness's request, the inquest was adjourned to Monday, at three
o'clock.
|
Folkestone Observer 28 November 1868.
Inquest.
An inquest was opened at the Alexandra Hotel on Thursday, J. Minter
Esq., coroner, on the body of Mr. Joseph Vines Gibbs, tea merchant,
carrying on business in Pall Mall, London.
The Coroner asked if Mr. Morford had got any witnesses.
Mr. Morford said he had heard nothing of the case. The only witness
he had got was the man who had picked up the coat and hat. He had
not been to the doctor's, or anywhere else, as he thought the police
had got the witnesses.
The Coroner said it was a great neglect on his part in not having
the witnesses there.
Superintendent Martin said he had desired the witness Williams to be
in attendance. All the police had to do was to take charge of the
body. He was always willing to give Morford any information if he
came to him in a proper manner.
After some delay cause by waiting while Mr. S. Eastes was sent for,
the following evidence was taken.
Silvester Eastes said: Yesterday afternoon I was sent for by the
coastguard Williams to see a body found on the beach near the Lower
Sandgate Road. It was the body I have now viewed. I drove down
immediately, and found the body by the water's edge, by the new
Bathing Establishment. The deceased was dressed, with the exception
of his hat and coat, and was lying on his back when I saw him. I
examined the deceased, and found two or three superficial cuts on
the temple, and abrasions on his forehead, as if deceased had been
knocked against the rocks. Several pieces of shingle were up
deceased's nostrils, but no other marks were found. The deceased
presented the appearance of a man whose death was caused by
drowning. I should think the deceased had been dead but a few hours,
as rigidity had set in. On opening the shirt he found the name “J.V.
Gibbs” on the corner. The police searched the deceased and found an
eyeglass in the waistcoat pocket.
William Williams said: I am a tailor and live at Hythe. I was coming
into Folkestone about half past eleven o'clock yesterday morning,
along the Lower Sandgate Road. A lady beckoned to me, and I went to
her, and she showed me the deceased, who was lying on the beach
opposite the first opening west of the new Bathing Establishment.
Deceased was lying on his face close to the water's edge. I could
not see a policeman, and I therefore went to the coastguard. The
deceased was quite dead, and had neither hat nor coat on. There were
two large rocks a little distance from him, and I think deceased had
been knocking about those rocks.
Thomas Hunter said: I am a labourer and live in South Street. I
occupy a garden on the Lower Sandgate Road. I walked along the path
between the sea shore and the Lower Sandgate Road yesterday morning.
My garden lies to the west of Royal terrace. I found the hat, coat,
and gloves on a seat placed for the convenience of visitors nearly
opposite Royal Terrace. I found the card in the coat pocket now
produced. (A pass on the South Western Railway between London and
Putney, with the name of J.V. Gibbs Esq., January 1st, 1868 to
February 1st, 1869, number of contract 175, was here put in.) I
heard of the gentleman being found, after I went back to dinner.
After dinner I took the things to the Police Station. When I came
back from the garden I did not see anybody as I came by the Lower
Road. The tide was ebbing when I picked up the clothes; it was high
tide at nine that morning.
Alfred Stone said: I am a porter at the Paris Hotel. I saw the
deceased about half past four on Wednesday, at the door of the Paris
Hotel. Deceased asked for something to eat, and he had some cold
meat, half a pint of sherry, and a glass of ale. After he had
partaken of this refreshment he went into the smoking room and lit a
cigar, and had some port wine negus. Deceased asked me to bring him
an envelope, stamp, and paper, and I did so. He gave me the letter
to post about nine, and I posted it about ten. The letter was
directed to Mr. or Mrs. Gibbs, and I think it was addressed to
London. The deceased appeared to be very dull, and went to bed at
ten o'clock. Deceased asked to be called at eight next morning, but
was up at half past seven. He paid his fare to the cook, and left
the hotel, during the time I was gone to the morning boat. The cook
noticed that deceased went round to the beach.
A juror: Why did you notice he was in a desponding state?
Witness: He laid his head down on his hand at times, and he did not
eat hardly any dinner.
P.C. John Hobday said: A little before 12 yesterday I was on duty at
the Police Station. A coastguard came and requested me to go to the
beach and see deceased. I sent for a doctor, and in company with
P.C. Smith proceeded to the beach. Deceased was lying on the beach
about five yards from the water's edge. I took possession of the
body, on which searching I found in the waistcoat pocket a pair of
eye glasses, which I now produce. There was no watch or money in his
pockets. He had no studs in his shirt, and his pockets were full of
beach. The name of J.V. Gibbs was on his flannel shirt. I stayed
there until the Superintendent came down, and he had the body taken
to Willis's waiting room on the beach. Mr. Lewis Rutley saw the hat,
now produced, and identified it as his father-in-law's property. The
maker's name in the hat was the same as deceased.
Elizabeth Kennett said: I am general servant, living at the Paris
Hotel. I took up deceased's boots yesterday morning, and he told me
he was going, and asked how much he had to pay. I took him his bill,
which amounted to 3s 6d. He gave me two half crowns, and told me to
keep the change for myself and porter. Deceased then went out, and I
noticed him going round the clock house. I did not see any more of
him after. Deceased took the money out of his pocket; I did not see
any purse. When he came downstairs he had his coat hanging over his
arm, and his gloves in his hand.
John Lewis Rutley said: I am a gentleman, and live at Stratford
House, West Hill, Surrey. The deceased, Joseph Vines Gibbs, is my
father-in-law. I am not certain of his age, but I think it is about
55. (The witness here asked for an adjournment, as he wished to
bring another witness.)
The Coroner said it was only fair to the friends of the deceased to
adjourn the inquest. The inquest was thereupon adjourned.
|
Folkestone Express 28 November 1868.
Suicide Of A Gentleman.
On Wednesday morning, as a lady was walking along the footpath
between the Lower Sandgate Road and the beach, she was horrified at
seeing the lifeless body of a middle-aged gentleman lying close to
the sea, without his hat and coat. She informed a man that was
walking towards Folkestone of the circumstance, who at once went to
the Coastguard Station and gave the alarm. The deceased lay on his
face and had evidently been thrown up by the waves. Dr. Eastes was
called to see the body and he pronounced him to have been dead more
than an hour. The body was conceyed to Willis's waiting room and
searched, but the only articles found in the pockets of the deceased
person were a pair of spectacles and a railway pass. The clothes,
being examined, were marked “J.V. Gibbs”. A son-in-law of the
deceased identified the body on Wednesday evening, and a hat, coat,
and gloves found by a labourer on one of the seats were identified
as the missing clothes of the deceased person. The inquest was held on Thursday afternoon at the Alexandra Hotel
before the Coroner, J. Minter Esq. A jury was sworn and proceeded to
the beach to view the body. Dr. Eastes was then sworn. He said: Yesterday I was called by
Williams and a Coastguardsman to go to the Lower Sandgate Road to
see the body just found on the beach, and which is the body the jury
has now viewed. I went down and saw the body lying on the beach
opposite the new Bathing Establishment, and only a few yards from
the water's edge. It appeared to be a middle-aged gentleman, and was
dressed, with the exception of having no coat or hat. I examined the
deceased, and found one or two superficial cuts on the right temple,
and several abrasions of the skin on the nose and forehead, as
though the body had knocked against the rocks. The body presented
the usual appearances of death by drowning, and I thought he must
have been dead a few hours, as rigidity was only just come on. The
shirt and Guernsey was marked. The police searched the body while I
was there, and found an eye-glass in the waistcoat pocket. William Williams, tailor, of Hythe, was next sworn. He said: As I
was walking into Folkestone at half past eleven o'clock, along the
Lower Sandgate Road, when, opposite the Bathing Establishment, a
lady attracted my attention. I thought first she was calling someone
else, but I went towards the beach when she pointed, and I saw the
deceased lying there. The water had just left him. This was opposite
the last opening before I came to the new Bathing Establishment.
Deceased was lying on his face, and the water was ebbing at that
time. The lady told me to make haste and find a police constable,
and as I could not see one I went to the Coastguard, and afterwards
to the police station. The lady said she had seen him some time
before she had seen me. He had no hat or coat on. There are two
rocks just below the place where he was found, and not far from the
body. Thomas Hunter, labourer, of South Street, said: I am the occupier of
a garden in the Lower Sandgate Road, and I went there about ten
o'clock on Wednesday. I went along the footpath, as my garden lies
between the road and the beach. I turned into the path at the first
opening the other side of the Bathing Establishment. About forty or
fifty yards before I came to my garden I found a hat, coat, and a
pair of gloves laying on a seat. I should say that the seat is
nearly in a line with the Royal Terrace, on the Leas. I searched the
pockets, and there found a first class railway pass of the London
and South-Western Railway Company between Waterloo and Putney. It
was inscribed with the name of J.V. Gibbs Esq., from January 31st,
1868 to February 2nd, 1869, contract 175. I took the things and left
them in the garden. As soon as I had dinner I took them to the
police station, as I heard that a body had been found without a coat
or hat. I did not see anyone on the beach. I did not look
particularly, as people sometimes leave their things on the seats.
The tide was ebbing. It was high water, I should say, at nine
o'clock. Alfred Stone, a porter at the Paris Hotel, said: I saw deceased on
Tuesday at half past four at the Paris Hotel; I received him at the
door. He asked for something to eat. He had some cold meat, and then
he asked to write a letter. I do not think he wrote one then. He had
half a pint of sherry and a glass of ale with the meat. He then went
into the coffee room and had a cigar and a port wine negus, and he
asked me to bring another envelope, stamp, and writing paper. I did
so, and he wrote a letter which he asked me to post. This was about
nine o'clock. It was addressed to Mrs. or Mr. Gibbs. I do not know
which, as I did not notice the address particularly. I think that
London was the town it was directed to, but I am not certain. The
deceased slept at the hotel; he went to bed at ten. I posted the
letter about half past ten. He appeared rather dull, but did not
make any observation. He asked to be called at eight o'clock, but he
got up at half past seven. His bill amounted to 5s., and he gave me
6d. Mr. Pointer's cook noticed him go round the clock-house. She
thought it rather singular that he should go to the beach at that
time in the morning. One of the jury: How came you to notice he was in a desponding
state? Witness: Because he laid his head on his hand and was looking as if
in trouble. P.C. Hobday said: From information I received about a quarter to
twelve o'clock, from a coastguardsman and the witness Williams, who
came to the police station while I was on duty and requested me to
go to the beach, as a man was lying dead there. I sent for a doctor
and went to the beach with P.C. Smith. We took the stretcher. We
found the deceased lying near the stone groyne on the beach, about
five yards from the water's edge. I took possession of the body and
searched it, but I only found an eye-glass in his waistcoat pocket.
He had no money or anything else. J.V. Gibbs was marked on his
flannel shirt. Superintendent Martin came down and ordered the body
to be removed to the bathing waiting room; this was about twelve
o'clock. His son-in-law came to the station and identified the hat.
He did not see the eye-glass. Elizabeth Kennett, general servant at the Paris Hotel, said: The
deceased paid me on Wednesday morning at twenty minutes to eight. He
asked for his boots and I took them to him. He then asked “How much
have I to pay?” I then got his bill and took it to him; it amounted
to 3s 6d. He gave me two half crowns and told me to keep the change
for myself and the porter. He then went out of the door, and I
watched him go round by the clock-house, and I never saw more of
him. He took the money out of his pocket; I saw no purse. I saw him
the previous evening as I took the candle to him when he went to
bed. He came downstairs in the morning with an overcoat on his arm
and a pair of gloves in his hand. I could not tell if he had a coat
on at the time or whether he was in his shirt sleeves. He had no
coat on his arm when he went out. John Lewis Rattley, gentleman, living at West Hill, Surrey, was next
called. He said: The name of the deceased is Joseph Vines Gibbs. He
was a wholesale tea dealer at 20, Pall Mall, London, and is my
father-in-law. I should think he was about 55 years of age, or
perhaps a little older. The letter he wrote was not addressed to me,
and it has passed out of my possession, but if the enquiry was
adjourned for a day or so some other witnesses could be produced. The Coroner consulted the jury, and an adjournment was agreed till
Monday next, at three o'clock. The body was ordered to be given up
to the friends of the deceased. |
Southeastern Gazette 30 November 1868.
Inquest.
On Wednesday morning the body of a middle-aged gentleman was found
lying on the beach near the Lower Sandgate Road, and not far from
the New Bathing Establishment buildings. The deceased had no hat or
coat on. An alarm was given, and Dr. Eastes, who was sent for,
certified that the man was dead, and had been in the water at least
two hours. The body was then removed to a shed near the bathing
machines, where the pockets were searched, but the only article
found was a pair of spring eye-glasses. The under-clothing was
marked J. V. Gibbs. Later in the day a man brought a coat, hat, and
pair of gloves to the police station, stating that he had found them
on a seat a little nearer Sandgate than where the body was at first
discovered. In the coat pocket was found a railway pass. of the
London and South Western Railway, enabling the bearer, J. V. Gibbs,
Esq., to travel from the Waterloo Road station from January 31st,
1868, to February 2nd, 1869.
The inquest was held at the Alexandra Hotel on Thursday afternoon,
before the coroner, J. Minter, Esq.
Dr. Eastes was the first witness called. He said he had examined the
deceased, and he found no marks of violence except some superficial
cuts and abrasions of the skin, which were caused by the body being
thrown on the rocks, otherwise the body presented the usual
appearance of a man who had come to his death by drowning.
William Williams, a tailor, of Hythe, said he was coming into
Folkestone on Wednesday morning when a lady called his attention to
a body lying on the beach. He at once went to the coastguard and
gave the alarm, and he afterwards fetched the police and a doctor.
Thomas Hunter deposed to finding a hat, coat, and pair of gloves
lying on a seat about ten o’clock on Wednesday. He gave them up to
the police. He searched the pockets, and found a railway, pass in
one of them.
Alfred Stone, porter at the Paris Hotel, said he was standing at the
door of the hotel on Tuesday, at half-past four o’clock, when the
deceased came up and asked for something to drink. He went into the
smoking-room, and had some cold meat with half-a-pint of sherry. He
then had a cigar and port wine negus. In the evening he gave witness
a letter to post, addressed to Mrs. or Mr. Gibbs. He then had a bed
at the hotel.
P.C. Hobday deposed to searching the body and finding the eye-glass
in his waistcoat pocket.
Elizabeth Kennett, a general servant at the Paris Hotel, said that
at twenty minutes to eight on Wednesday morning the deceased sent
for his boots. She took them to him, and he asked for his bill. She
got the bill and gave it to him. It amounted to 3s. 6d. He gave her
5s., and told her to keep the change. He then went out, and she
watched him go round the clock house to the beach.
Mr. John Lewis Rattley, said he was a gentleman living at West Hill,
Surrey. The deceased was his father-in-law. His name was Joseph
Vines Gibbs, and he was a wholesale tea-dealer, of 20, Pall Mall,
London, and aged about 55. He asked for an adjournment of the
inquest, when the people to whom the letter was addressed would be
able to be present.
The Coroner, after consulting the jury, consented to the inquisition
being adjourned to Monday.
|
Folkestone Chronicle 5 December 1868.
Adjourned Inquest.
The adjourned inquest on the body of Mr. Gibbs was held on Monday,
at the Alexandra Hotel, before J. Minter Esq., coroner, and a jury.
Mr. Abdy, of the Northern Circuit, instructed by Messrs. Wilse &
Co., of College Hill, appeared to watch the case on behalf of the
friends of the deceased.
The first witness called was James Gibbs, partner of deceased as tea
merchant in Pall Mall. He said he received a letter on Wednesday the
25th November, dated from Paris Hotel, containing a request to send
money to the deceased, and a telegram at the same time saying “Do
not send the money”. The firm had customers here, and it was not
unusual for him to take a trip occasionally. There was money due to
thje firm at Folkestone. When he read the letter he thought that had
not been paid, and when he read the telegram that it had been paid,
and deceased was not going to wail till the remittance came. The
business was in a prosperous condition. Deceased had freehold
property in various parts of the country, and no cause of anxiety.
He was brother to the witness, was very fond of bathing, even in the
winter, and had nearly lost his life by that means. He was subject
to epileptic fits. He left his watch at home, because of the
elections, very seldom carried much money, and never used a purse.
Joseph Johnson, clerk in the employ of deceased, deposed that when
he left home on Monday he was very cheerful, and talked about giving
his vote at Wandsworth and Westminster. On examining deceased he
found a wound at the back of the skull.
Alfred Stone, re-called, said he made a mistake in the time deceased
gave him the letter. It was seven o'clock, not nine. He then paid
four shillings for his dinner, and said he thought he should leave,
but came in afterwards to stay the night as the train would be so
long going up.
Geo. Francis White, M.R.S.C.E., living in Charles Street, St. James'
Square, said he was deceased's medical attendant, having attended
him for ten years. In May last he had a fit of epilepsy, and again
in August. The fits would attack him suddenly, and the family had
been cautioned about it.
John Lewis Rutley, re-called, said he saw deceased at his house on
Monday evening, on his birthday, when he was happy, and in his usual
spirits. He was very fond of bathing, and was very likely to bathe
in November. His family were rather anxious about him while he was
away because of the fits, but did not tell him so. He had a fit
about a month ago. He usually sat with his head resting on his
hands.
Mr. Abdy then addressed the jury. He touched on the unreliable
character of the evidence of the waiter at the Paris Hotel about the
deceased appearing dull, as the fact of a man resting his head on
his hand did not make him so, and besides that was the usual posture
in which deceased sat. Then there was the fact of his sending the
letter for money to return. No doubt the deceased had done as many a
man might do – come out for a day's trip, and he chose Folkestone
because he had been there before and found it an agreeable spot. He
arrived at Folkestone and found he had not sufficient money to carry
him back, and wrote for some. He was fond of bathing, and on
Wednesday morning he determined to have a dip, and he chose the
retired spot where the body was found. While undressing he fell down
in a fit, struck the back of his head, and the waves washed over
him.
Edward Warner, telegraph clerk, deposed to sending a telegram for
deceased on the Wednesday morning, and that he did not seem agitated
or depressed.
Mr. Abdy said no doubt the deceased thought during the night that he
could not get the order paid, for what was so likely but that he
should get some money from one of his customers in Folkestone. He
therefore sent the telegram intending to obtain the money as soon as
he could and return.
This was all the evidence and, the coroner having summed up, the
jury returned a verdict that deceased fell down in a fit, and was
drowned.
|
Folkestone Observer 5 December 1868.
Adjourned Inquest.
The inquest on the body of Joseph Vines Gibbs was resumed on Monday
afternoon at the Alexandra Hotel.
Mr. Abdy, of the Norfolk Circuit, instructed by Messrs. Wilde,
Humphrey, Wilde and Berger, solicitors, College Hill, London,
appeared on behalf of the friends of the deceased, and stated that
he had several witnesses, friends of the deceased, and who he
thought would throw a light on this painful affair. He was greatly
obliged to the jury for the attention they had hitherto shown to
this case.
He called James Gibbs, who said: I am brother to deceased, and carry
on business in Pall Mall, in partnership with the deceased Joseph
Vines Gibbs. I received a letter from him on the 25th Nov., dated
from the Paris Hotel, Folkestone. I have not the letter with me. The
letter contained a request that I should send him some money, as he
had none. He asked for a Post Office order for £2. At the same time
I received the letter I received a telegram from deceased, the
contents of which were “Do not send the money”. The letter and
telegram were awaiting me at my place on business when I went on the
Wednesday morning. I opened the telegram first, and was of course
astonished, and did not know what it meant until I saw the letter.
There were several letters there. We have several customers at
Folkestone, and it was not at all remarkable for him to take a trip
down to Folkestone. There was money due to the firm from some of our
customers, and I was therefore not surprised on receiving the
telegram, as I thought deceased might have wanted the money to be
able to return more quickly. Deceased was not in difficulties; he
had property in Northampton and Middlesex. The deceased had no cause
for any anxiety whatever. He was exceedingly fond of bathing, and
did not confine his bathing to particularly one part of the year.
Deceased considered himself a more hardy man than he really was. He
had been to Hasting about ten seasons in all, and constantly bathed
while there. He was subject to epileptic fits. Deceased nearly lost
his life at Yarmouth in the Isle of Wight. He jumped off a jetty
into very deep water.
A juror: Was deceased in the habit of going out without any money in
his pocket?
Witness: Yes. If deceased went into any crowd or any public place he
would take all his money and valuables out of his pocket.
A juror asked if deceased was in the habit of travelling with only
one thin coat on?
Witness: He considered himself a hardy man; a great deal more so
than he really was. He was in the habit of going out with only one
coat on, and he carried what money he had loose in his pocket. He
had never seen him use a purse.
A juror: Did you notice what time the telegraph was dated from
Folkestone?
Witness: I did not see any time specified. The sheet was signed and
given back to the messenger.
Alfred Stone, on being re-called, said: It was only because deceased
laid his head on his hand that I thought deceased was dull. He gave
me the letter to post at nine, and not seven as I stated in my last
evidence. He gave me 4s. for the refreshment he had had before he
went to bed. He afterwards said as I had not charged for the bed he
thought he should go away then. Deceased went out, but he returned
and said the train would be so long before it went that he would not
go that night. Deceased asked how the election was going on down
here, and said he had votes for two places. There was a railway
guide in the room deceased occupied. He wrote the letter before he
went out.
Joseph Johnson said: I am a clerk in the employ of Dicksons, Gibbs
and Sons, carrying on business in Pall Mall. Deceased was one of the
partners. Saw him on Monday the 23rd November, at 12 o'clock noon.
He appeared to be in the usual health, and told me that he was going
home to keep his birthday, and on the day following he was going to
vote at Wandsworth and Westminster. I have heard deceased speak of
the customers at Folkestone, and if he went down he should give them
a call. I went to the undertakers and saw the body, and the
undertaker showed me a large wound on the back part of the head;
there was also a large stain on the cloth produced by a discharge
from that wound. Deceased was very cheerful on the Monday.
In reply to a juror, witness said he had never noticed any dullness
about the deceased.
Charles Francis White said: I am a member of the Royal College of
Surgeons, and live at 10, Charles Street, St. James Square, London.
I am Mr. Gibbs' medical attendant, and have known him about 10
years. I first attended him professionally last May. He was
suffering from a fit of epilepsy. I saw him in August last when he
was suffering from the same. I have had great experience in these
cases; in some cases there is warning, and in others none. When the
fit is on, the patient sometimes falls backwards, and sometimes face
down; the body is bent, and distortion of the features takes place.
I have cautioned his family as to his state. I have never seen him
distressed; before these fits came on, he was most cheerful. The
fits were very sudden. In deceased's previous fits he fell
backwards.
By the juror: The fits are caused by over-excitement in most cases.
John Lewis Rutley said: I saw my father-in-law the day before the
day he left for Folkestone, at his own house. There was a sort of
friendly gathering, as we were celebrating deceased's birthday. It
was his 57th birthday, and he was very cheerful. He family of the
deceased were always about him, because of the fits. Deceased often
went away, and no-one knew where he went to. It was his habit to do
so. I have remonstrated with him repeatedly. He was very much
interested in the elections, and had spoken to me about them on the
Monday. Deceased was also very fond of bathing and yachting, and
fancied he was a very hardy man. I have spoken to him on several
occasions of his only wearing one coat, and he would joke with me
and say that he only wore one coat while I wore two. Deceased was
very fond of the sea coast. Laying his head on his hand is his usual
posture while he is reading or at dinner.
By the jury: It was nearly 11 when I saw him on Tuesday morning. He
did not mention that he was going to Folkestone. It was about a
month ago that he had the fit. I do not remember his having a fit
when travelling. I have taken him home when he has had a fit of an
evening when he was very ill, and he would go to town the next
morning against the earnest solicitation of myself and family.
Mr. Abdy said he did not wish to take up the time and attention of
the jury long, and he thanked them for the attention they had
already shown to the case. There was a remark made by the witness
Stone, the porter at the Paris, as to deceased's being dull simply
because of his laying his head on his hand. These words thus spoken
did certainly look ugly, but now the evidence proved that deceased
was in the habit of sitting with his head lying on his hand, and as
to his leaving the hotel after having ordered his bed, it was very
natural he should do so. There was a railway guide in the room by
which the deceased saw by what time the train left. It appeared that
he walked round to the station, and finding that the train would be
so long before it went, deceased determined to stop in the town to
get the money from the customers and go in the morning; but while at
the station he took the opportunity of sending off the telegram.
Now, was there anything extraordinary in deceased not having any
money in his pockets? There were customers in the town with money
due to the firm, and as the place was a town noted for it's
salubriousness, and from the fact that part of the family had
visited the town before, there was certainly nothing suspicious in
his coming here without money. He had been to the spot where the
clothes were found, and as the place was obscured from any view from
the road, and as deceased was, as he thought, a hardy man, there was
nothing extraordinary in his determination to have a bathe, even in
November; and it would be seen that he had had one of his fits and
fallen backwards into or near the water. The undertaker had remarked
about the wound on the back of the head, and it was caused, no
doubt, by deceased falling in the fit. Deceased's pecuniary affairs
were prosperous. He had a happy home, one of his daughters being
settled in life, and the other about to be so. His friends had
remonstrated with deceased in vain. He would only laugh at them, and
they did not carry their remonstrance's too far for fear it would lie
on his mind. The jury had traced deceased from his place of business
to his home, to join a festival on his birthday, and he had left to
go to the election, but then he took the freak into his head to come
to Folkestone, and he probably would have returned the same night
had he not, as is seen by the evidence, had to wait for so long for
the train. The learned gentleman thought, as everybody would think,
that the accident (for it was an accident) was caused by a fit,
brought on by over-excitement at the election. He thought a verdict
of death by natural causes could only be returned, but he left the
case in their hands.
Mr. Abdy then called Edward Warner, who said: I am telegraph clerk
at the Harbour Station, S.E.R. I received a message addressed to
“James Gibbs Esq., 119, Pall Mall, London”. The message was either
“Do not send the money” or “Do not send money”. The gentleman did
not appear in any way agitated or distressed. He paid a shilling for
the message.
The Coroner, in summing up, said the jury had heard the evidence,
and it was their duty to determine how the deceased came by his
death. In reading the evidence he did not think there was anything
suspicious in the gentleman laying his head on his hand, and as to
his appearing dull, as described by the porter, if the gentleman had
not met his death in this manner there would have been no thought of
it. We have clearly the contents of the letter before us, that the
deceased had come to Folkestone, and intending collecting several
accounts and return the same day. Then as to the fact of his
bathing. There were some people who bathed all the year round. It
would appear curious to inland people, but it was so. Deceased was
well off in worldly affairs, had a happy home, and was most cheerful
when he left home on the morning. Doubtless the over-excitement had
caused him to fall backward in a fit at the place described. He
therefore thought the jury had no alternative but to bring in an
open verdict.
The jury, after a private discussion for half an hour, returned a
verdict of Found Drowned.
Mr. Abdy then begged to thank the Coroner and jury on the part of
the family of the deceased for the attention they had shown this
case.
|
Folkestone Express 5 December 1868.
Adjourned Inquest On The Body Found On The Beach.
Last week we gave an account of the discovery of a body of a
gentleman found on the beach on Wednesday, the 25th ult. On the
following Thursday the inquest was opened at the Alexandra Hotel by
the Coroner, J. Minter Esq., and the evidence adduced proved that
the gentleman had slept at the Paris Hotel on the evening before the
body was discovered, and he appeared quite rational, no action
showing that he contemplated suicide. But on the other hand, the
fact of the body, when found, being only partially dressed, and the
hat and coat of the deceased being discovered on a seat at some
distance from the body, led people to infer that the gentleman had
committed suicide.
On the application of the son-in-law of the deceased gentleman, who
identified the body as that of Mr. Joseph Vines Gibbs, a wholesale
tea dealer, Pall Mall, London, the enquiry was adjourned till Monday
afternoon last, when the jury reassembled at the Alexandra Hotel.
The usual formalities were gone through, and all the jury being
present the Coroner again opened the Court.
Mr. Abdy, of the Norfolk Circuit, instructed by a solicitor from the
firm of Wilde, Humphrey, Wilde and Berger, of College Hill, London,
appeared on behalf of the friends of the deceased.
Mr. James Gibbs was then sworn. He said: I am a tea dealer in Pall
Mall, and was in partnership with the deceased. I received a letter
from him on the 25th of November; it came by post and was dated from
the Paris Hotel, Folkestone. I have not got the letter with me, as I
passed it to a gentleman to show to Mrs. Gibbs, and he has mislaid
it. It contained a request to send some money, as he had none, and
it mentioned a Post Office Order for £2. The letter was in the
deceased's handwriting. I also received a telegram at the same time,
five minutes to nine in the morning, from Mr. Gibbs, and I passed
that on in the same way. The telegram said “Do not send the money”.
I opened the telegram before I had seen the letter, and was at a
loss to account for it. I passed it on to the same person with the
letter. We have several customers at Folkestone, and it was not an
unusual thing for deceased to take a trip to Folkestone. There is
money due to us here, and I was not surprised at his sending the
telegram, as I thought perhaps he had got some of the money paid
him. The deceased was in no difficulties. He has one estate in
Northamptonshire and another in Middlesex. I am his brother. I know
he was very fond of bathing, and when he visited Hastings in the
winter he used to bathe; he was very hardy. He had visited Hastings
with his family about ten seasons. Lately he had been subject to
epileptic fits. He was rather rash, and nearly lost his life at
Yarmouth in the Isle Of Wight. That was about 30 years ago, when he
jumped from a jetty.
By the jury: He seldom travelled with valuables. On the days of the
Middlesex and Westminster elections he left his watch with me, as he
said he was going to the Committee Room. He took great interest in
the election of Mr. Smith for Westminster. He was in the habit of
travelling without an overcoat. He always thought himself very
hardy. He generally carried a little money about with him loose; he
never had a purse that I know of. The election in Westminster had
taken place the week previous. I did not notice the time the
telegraph was sent. The deceased has been in Folkestone on a visit
with his family. I have been here myself, and I recommended the
deceased to bring his family here.
Alfred Stone (re-called; this witness gave evidence at the previous
enquiry, as to the deceased stopping at the Paris Hotel on the
Tuesday night. He was examined by Mr. Abdy.): The deceased appeared
dull because he rested his head on his hands. He went to bed at ten.
I did not see him at all in the morning. He paid his refreshment
bill to me at seven o'clock on the Tuesday evening, and said he was
going to London. I made a mistake in saying the deceased gave me the
letter at nine o'clock. He gave it to me about seven o'clock, and
about that time he paid me 4s. for refreshment that he had had, and
said “I will give the room up and go off to London again”. He
afterwards returned, and said he would engage the room again, as he
would have to wait so long before the train started. He then gave me
the letter. He asked me how the election was getting on down here,
and said he had votes for two places.
By the jury: He wrote the letter before he went out. There was a
railway book in the room where he wrote the letter.
Mr. Joseph Johnson was then sworn. He said: I live in Pall Mall, and
am a clerk in the firm of Dickson, Gibbs and Sons. The deceased was
one of the partners in that firm. I last saw him on Monday, the 23rd
of November, at twelve o'clock, at noon. He was then in his usual
health, and told me he was going home to keep his birthday. He also
told me he was going to vote at Wandsworth and Westminster. He has
spoken to customers from Folkestone, and said when he came here he
would pay them a visit. I went to the undertaker's in Long Acre,
London, on Friday last and saw the body there. I noticed the marks
on the face of the deceased, when the undertaker said “There is a
much more severe wound on the back of the head”.
The Coroner stated that Mr. Eastes informed him of that wound, but
he omitted to mention it in his evidence.
Witness: There was a very large stain on the cloth from that wound,
and the man spoke as if it was a very severe wound.
By the jury: I did not observe that the deceased was dull. He was
quite cheerful on that day; that was on Monday.
Mr. George Francis White deposed that he lived at 18, Charles
Street, St. James's Square, and a member of the Royal College of
Surgeons. I was the deceased's medical attendant, and had known him
for ten years. I attended him first professionally in May last. He
was labouring under a severe fit of apoplexy when I saw him. I also
attended him in August last, when he was again suffering from a fit.
I have had great experience in these cases. The fit comes on
suddenly, but sometimes the patient may have warning some time
before. The patient generally falls down backwards. There is
distortion of features, and the body may be arched. I never saw the
deceased depressed; he was generally vey cheerful. He did not have
any warning with his fits; they came on suddenly. He did not inform
me how he fell, but I should say he must have fallen backwards.
By the jury: These fits are sometimes caused by excitement.
Re-examined: He was likely to suffer suddenly. I cautioned the
family on the subject.
Mr. L.J. Ruttley said: I saw my father-in-law on Monday evening, the
23rd November, at his own house; it was a family gathering. He
appeared much as usual; we met to celebrate his birthday, and his
age was 57. His domestic affairs are very satisfactory. We were
always a little nervous while he was away, but we did not feel so
much anxiety on ordinary occasions, as in travelling backwards and
forwards to business he generally met friends. He used to go away
from home sometimes, and I told him he may let us know where he was
going. I did not like to tell him that I was afraid he might have a
fit; he only laughed when I spoke to him. On the Monday I was
talking to him about the election; he was very much interested in
the election. He was very fond of bathing in the sea. He also
thought himself very hardy and strong, and laughed at me for wearing
two coats; he fancied himself very strong. He did not like anyone to
give him hints about his travelling. I should not have been
surprised to have heard he had a dip in the sea. It was quite a
usual posture with him to rest his head on his hand and sit in that
position.
By the jury: I saw him last on Monday evening at eleven o'clock. I
did not see him at all on Tuesday. He would not mention to me his
coming to Folkestone. He had a fit about a month ago. When he had
those fits he used to recover in a most wonderful manner. He went
off to town on the following morning, and he may have had a fit
while travelling.
Edward Warner said: I am a telegraph clerk, employed by the South
Eastern railway Company. I received a message at five minutes past
eight from Mr. Gibbs, a gentleman; that was on Wednesday. It was
addressed, I think, to 119, Pall Mall, to James Gibbs. The message
was “Do not send the money”, the word “not” being underlined.
By the jury: He did not appear depressed at the time, and he only
said “How much is a message to London?”. I said 1s., and he paid me.
I did not see any more money in his possession. He signed the
message.
Mr. Abdy asked to address the jury, as they must be aware the
interest the friends of the deceased would feel in this matter. He
wished to draw attention to one or two remarks made by the waiter,
who said he appeared dull because he rested his head on his hand,
but it had been proved that was the way he usually sat. Again, the
waiter said he went out; well, there is really nothing in that. He
had sent the letter for money, and he altered his mind and sent the
telegram. His leaving his watch and valuables was nothing out of the
way, as he used to do that. “Why did he come to Folkestone? “ was a
very reasonable question, but he (the learned counsel) should
imagine it was because he had customers here, and because Folkestone
was a very agreeable spot for anyone to come to who took a trip from
London. He came, and did not think he had come without money till he
arrived here. He had been to the spot where the body of the deceased
was found, and it was not at all improbable that the deceased would
have a bathe on that morning. He could not choose a more secluded or
better spot for that purpose. While bathing he had a fit, and
falling, struck the back of his head on a stone. The undertaker was
struck with the extensive nature of that wound. They had heard that
the deceased had every comfort, with his children in a good position
round him. His pecuniary affairs were everything a man could
require. A relation also took care that the subject of fits should
not be brought before him, and that would be the reason that it
would not do to press the matter of his travelling unattended. The
deceased was talking of his birthday on the Monday, and the
celebration that was going to be held. He left with cheerfulness,
and went the following morning to vote, and afterwards, like many
persons would do, came down here for a change, and to see if he
could meet with friends. When he came here he found he had not money
enough to carry him back; he then wrote the letter, but thinking,
perhaps, during the night, that there would be some delay before he
got the post office order, he thought he would get some money from
one of his customers. He then sent the telegram to countermand the
order, and being fond of bathing he went to have a dip, was overcome
by a fit, and the waves washed him away.
The Coroner then reviewed the evidence. He said he did not attach
much importance to the evidence of the porter concerning the
deceased appearing dull as most probably, if the gentleman had not
been found dead, he would not have taken any notice of it. The jury
must look to the whole actions of the deceased, and his actions
appeared to be those of a man of business, and the statement of the
learned counsel concerning the telegram appears very feasible, that
he may have drawn a little on one of his customers here, which would
account for countermanding the request sent in the letter. It
appears it was nothing unusual for the deceased to come here, and in
our town, although it may appear strange to people living inland, it
is nothing unusual for people to bathe all year round. He did not
know if they noticed it when viewing the body, that the features
were drawn on one side. It was for them to return a verdict, but
there did not appear any reason why the deceased should deprive
himself of life.
The room was then cleared. When the public was admitted, the foreman
said the jury had unanimously agreed “That the deceased, Joseph
Vines Gibbs, was found drowned, and the jury were of opinion from
the evidence adduced that the deceased fell down in a fit”.
Mr. Abdy thanked the Coroner and jury on the part of the friends of
the deceased for the attention they had given to the case.
|
Southeastern Gazette 7 December 1868.
Inquest.
The adjourned inquest on the body of a gentleman found on the beach
near the Lower Sandgate Road, was resumed, before J. Minter, Esq.,
at the Alexandra Hotel, on Monday afternoon. Mr. Abdy, of the
Norfolk circuit, appeared on behalf of the family of the deceased.
Mr. Abdy examined the witnesses he produced, and before the
proceedings commenced he made a request that the witness, Alfred
Stone, should be recalled.
Mr. Janies Gibbs, of Pall Mall, said he was in partnership with the
late Mr. Gibbs, the deceased. He received a letter from him on Nov.
25th. It came by post, and was dated from the Paris Hotel,
Folkestone. It contained a request that he should send some money to
Mr. J.V. Gibbs at that address, as he had none, and the sum
mentioned was £2. It was in the deceased’s hand-writing. Witness
also received a telegram at the same time from Mr. Gibbs, which
said, “Do not send the money.” He opened the telegram first, and
passed it on with the letter. The firm he belonged to had several
customers at Folkestone, and there was some money due to them. He
was not surprised at deceased sending the telegram, as he thought he
might have got some of that money. The deceased was in no
difficulties; he had an estate in Northamptonshire, and another in
Middlesex. Witness was his brother. He was very fond of bathing, and
when he visited Hastings he often bathed in the winter. He had
lately been subject to fits.
By the jury: He seldom travelled with valuables or with an extra
coat. He always thought himself hardy. He generally carried a little
money about loose in his pocket; never saw him with a purse. He had
visited Folkestone previously.
Mr. J. Johnson deposed that he was a clerk in the firm of Dickson;
Gibbs, and Sons, wholesale tea dealers, of Pall Mall. The deceased
was one of the partners, and he last saw him on Monday, Nov. 23rd,
at twelve o’clock, when he said he was going away to keep his
birthday, and he was going to vote at Wandsworth and Westminster.
Remembered his speaking to a customer from Folkestone, and he said
when he went there he, should pay him a visit. Witness went to the
undertaker’s at Long Acre, London, and saw the body of deceased,
Noticed the marks on the face. The undertaker answered “There is a
much more severe wound on the back of the head”. The wound caused a
large stain in the cloth on which the head rested. The man spoke as
if it was a very severe wound. The deceased was quite cheerful on
the Monday.
Alfred Stone, the porter, recalled, said he thought the deceased
gentleman appeared dull because he rested his head on his hands. The
deceased, on Tuesday evening, about seven o’clock, said he would
give up his bedroom and go to London He asked for his bill, which he
paid, and went out. He returned shortly after and said he would
re-engage the room as he found there would be no train for some
time. He then gave witness the letter to post. He asked how the
election got on down at Folkestone, and said he had voted for two
places.
Mr. G. Francis White, sworn, said he was a member of the Royal
College of Surgeons, and the medical attendant of the deceased, whom
he had known for some years. He attended him first professionally in
May last, when he was labouring under a severe fit of apoplexy. He
had another fit in August. The fits sometimes came on suddenly.
Deceased was subject to sudden attacks. He cautioned the family that
the deceased was likely to fall down suddenly.
Mr. J. L. Ruttley was re-examined. He deposed that he saw the
deceased, who was his father-in-law, on the Monday evening, at his
own house. He was celebrating his 57th birthday, and had a family
gathering. He appeared in his usual health. His domestic affairs
were in a very satisfactory state. They were always a little anxious
during his absence. He used to go away from home, and they told him
he might let them know where he was going, but he only laughed. They
did not like to tell him their anxiety about the fits. . He was very
much interested in the election. He was fond of bathing, and was a
good swimmer. He thought himself hardy and strong, and used to laugh
at witness for wearing two coats. Witness would not have been
surprised to hear that he had taken a bath in the sea when he was at
the sea-side. His usual posture was to sit with his head resting on
his hands; he often sat like that.
By the jury: Witness parted with him on Monday night at eleven
o’clock. Deceased would not mention to him about going to
Folkestone. He had a fit about a month ago, and he used to recover
from them in a most wonderful manner.
Mr. Abdy then addressed the jury.
A juryman requested that the telegraph clerk should be sent for.
Edward Warner, sworn, said he was a telegraph clerk on the South
Eastern Railway. On Wednesday morning, November 25th, he received a
message at five minutes to eight from Mr. Gibbs. The message was,
“Do not send the money.” He did not appear depressed at the tune,
and only asked how much a message would be to London.
The coroner then read the evidence and commented on the most
important points in it. The room was then cleared, and after a short
consultation, the jury returned a verdict to the effect “That the
deceased was found drowned, and the jury are of opinion that he fell
down in a fit.”
|
Folkestone Chronicle 26 December 1868.
Police.
At the Borough Police Court yesterday William Fairall pleaded guilty
to a charge of wilful and malicious damage, in breaking a pane of
glass at the Alexandra Hotel, in consequence of a grudge he bore
against Mr. Spurrier, and he was committed for 21 days' hard labour
at Petworth gaol.
|
Kentish Gazette, 22 March, 1870.
On Wednesday afternoon some persons abstracted a handful of silver
from the till of the “Alexandra Hotel” (Mr. Spurrier being from
home) by reaching over the counter of the bar; and on Friday
afternoon a butcher at the lower end of the town lost the fore
quarters of a pig which were banging in the shop window. The
perpetrators have not been discovered.
|
Southeastern Gazette 28 March 1870.
Local News.
On Wednesday afternoon some person abstracted a handful of silver
from the till of the “Alexandra” Hotel (Mr. Spurrier being from
home) by reaching over the counter of the bar. The perpetrators have
not been discovered.
|
Folkestone Chronicle 5 November 1870.
Inquest.
An inquest was held on Tuesday morning last at the Alexandra Inn
before J. Minter Esq, coroner of the borough, on the body of a full
grown male child, found in the Lower Sandgate Road on Saturday
morning last.
William Stewart, a journeyman baker, sworn, said he was walking
along the lower part of the Sandgate Road on Saturday morning when
he observed a brown paper parcel lying by the side of the road. He
immediately opened the parcel, which he found contained the body of
a male child. He lost no time in communicating with the police into
whose custody he delivered the body of deceased.
P.C. Sharp deposed to being sent for, and received from last witness
the body and what was picked up with it. The child was wrapped in a
copy of the Times newspaper of October 30th, 1870. It was further
enveloped outside in brown paper, which had a string tied round it.
D. Bateman, sworn, said he was sent for to examine the body of the
deceased, and saw the child at the police station on Saturday
morning. On examination he could discover no marks of violence of
any description on the body. He afterwards made a post mortem
examination; the lungs of the deceased were fully inflated and he
could not undertake to say the cause of death.
The Coroner having summed up the evidence given, and briefly
commented on the facts of the case, said the jury must be guided by
the medical evidence. They had elicited no facts giving positive
proof of the cause of death, and in the absence of such proof the
only verdict that could be consistently returned was an open one.
The jury considered for a few moments, and returned a verdict in
accordance with the Coroner's suggestion.
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Folkestone Express 5 November 1870.
Inquest.
On Saturday morning last the body of an infant was picked up by a
butcher in the Lower Sandgate Road, about 100 yards to the west of
the Bathing Establishment. The body was wrapped in a newspaper, and
a piece if brown paper which was tied with twine. Information having
been given to the police, they conveyed the parcel to the old police
station, High Street.
An inquest was held at the Alexandra Hotel, Harbour Street, on
Tuesday morning, before the coroner, J. Minter Esq. and a jury.
The first witness was William Stewart, who said: I am a butcher,
living at Sandgate, in the employ of Mr. Woodman. On Saturday last,
about 11 o'clock in the morning, I was going to Sandgate, along the
Lower Road, when I saw a parcel lying on the side of the road, and
on examination I found it contained the body of a child, wrapped in
a newspaper and then covered with a piece of brown paper and tied
with a string. I asked a man passing to inform the police.
P.C. Sharpe deposed to receiving the child from the last witness.
The newspaper was a copy of The Times, dated the 3rd of October,
1870.
Mr. W. Bateman, surgeon, said he was called to see the child. It was
a newly-born male child and of full size. There were no marks of
violence about it to account for death. He had made a post mortem
examination and found the lungs were fully inflated; no doubt it had
breathed, and there was no appearance to account for death. It was
his opinion the child was born alive, but it was impossible to say
if it had a separate existence. Supposing it to have been born alive
it would die of neglect.
Mr. Martin, superintendent of the police, said the police had made
every enquiry, but so far were unsuccessful.
The Coroner summed up the evidence, when the jury returned an open
verdict of Found Dead.
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Southeastern Gazette 5 November 1870.
Inquest.
An inquest was held on Tuesday, at the Alexandra Hotel, by the
Coroner, J. Minter Esq., on the body of an infant found on Sunday
last near the Bathing Establishment.
The child had breathed, but the doctor could not decide whether or
not it had had a separate existence; the cause of death was no doubt
neglect at birth. The body was wrapped in a copy of The Times
newspaper of the 13th October last.
The jury returned a verdict of “Found Dead”.
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Folkestone Chronicle 11 March 1871.
Inquest.
An inquest was held at the Alexandra Hotel on Monday morning last
before the Coroner (Mr. Minter), and a jury, of whom Mr. Brown was
chosen foreman, on the body of a young man named Elliott, 18 years
of age, and who, when he met his death, was in the employ of the
South Eastern Railway Company. From the evidence adduced, it appears
that on Thursday, the 23rd of February, the deceased went home and
complained of being ill in consequence of some injuries received.
Dr. Bateman was sent for, and after a week of much suffering, he
died on Thursday, March 2nd. Jacob Spicer, wharfinger, in the employ
of the Company, said the unfortunate young man was engaged in coal
tipping on Thursday, February 23rd, along with others, when he stood
beside a truck, and another coming along, he was jammed between the
two. With all possible haste he was rescued from his perilous
position and taken home. Deceased was very prone to put himself in
danger, and had had several narrow escapes. Dr. Bateman stated that
death arose entirely from internal injuries arising from this
accident. The jury returned a verdict of “Accidental Death”.
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Southeastern Gazette 11 March 1871.
Inquest.
An inquest was held at the Alexandra Hotel, on Monday last, on the
body of Thomas Elliott, who was fatally injured (crushed between the
buffers of two trucks) while employed as a tipper of coal for the
S.E.R. company, on the 23rd ult. After hearing tha evidence, which
showed that deceased was killed through his own carelessness, the
jury returned a verdict of “Accidental death”.
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Folkestone Express 9 May 1874.
Monday, May 4th: Before J. Kelcey and R.W. Boarer Esqs.
Margaret Clark, who said she was a laundress, surrendered on bail on
a charge of being drunk and using obscene language.
Prisoner said: I was not drunk. If I had used obscene language, it
was requisite. I had been at work all day, and had been taking
clothes home.
P.C. Ovenden said: I was sent for on Saturday night about half past
eleven, to go to the Alexandra Hotel. When I got there I found
prisoner and a crowd of people in front of the hotel. Mr. Spurrier
requested me to remove her from the front of his house, having
previously ejected her. I advised her to go away quietly. Making use
of bad language, she refused to do so. I then took hold of her and
forcibly removed her. She then made use of very bad language. She
was drunk; there is no doubt of that. She was not staggering drunk,
but no-one would have used the language she did if sober. She knew
what she was about. I procured assistance and locked her up. She had
her bonnet off and her sleeves tucked up above the elbow.
Prisoner: That is how I get my living.
Witness continued: I merely caught hold of her arm, and she resisted
me and struck me. My hat warded the blow off, so I did not think it
proper to press the charge of assault.
Prisoner said: I was working very hard all day till ten o'clock at
night, when I went with another woman to take some clothes home.
When we had done so we went to have a glass of beer at the
Aleandra. Three people were sitting under the window, who, of
course, were picked parties. Mr. Spurrier came out mad drunk and
handled me very roughly.
The Bench to Ovenden: Was Mr. Spurrier drunk?
Ovenden: No, he was quite sober.Prisoner continued: The three persons made some observations which
were not proper, and no doubt I retaliated. Ovenden had no business
to handle me as he did. Mrs. Spurrier said to her husband “Charlie,
don't you interfere with the woman”.
Prisoner was fined 5s. and 4s. 6d. costs for using bad language. The
amount was paid.
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Folkestone Express 30 January 1875.
Quarter Sessions.
Thursday, January 28th: Before J.J. Lonsdale Esq.
Jane Pellett, 16, domestic servant, imperfectly educated, was
indicted for having obtained by false pretences 1¼ lbs. of cheese, 2
lbs. of prunes, and 2 ozs. of candied peel, value 1s. 8½d., the
property of George Daniels, on the 19th and 23rd December.
A second count charged her with obtaining by false pretences 12
oranges, 1 quart of chestnuts and 1 lb. lump sugar, value 1s 2½d.,
the property of James Reeves Spinks, on the 24th December.
Prisoner pleaded Guilty to both charges, and in reply to the
Recorder said she had no witnesses to speak to her character.
Superintendent Wilshere stated, in answer to the Recorder, that he
had received information of 12 or 13 similar charges against
prisoner, who had been identified in several cases.
Mr. Edward Simmons, the Governor of the Dover Gaol, said prisoner
had been well behaved when in gaol, and appeared to feel her
position acutely. If she continued to conduct herself aright during
her term of imprisonment he hoped, with the help of the Chaplain, to
get her some employment after it's expiry.
The Recorder said taking into consideration prisoner's youth he
should sentence her to a light term. She would be sentenced to two
calendar months' imprisonment for the false pretences to Mr. Spinks,
and two similar sentences in each of the other cases of fraud upon
Mr. Daniels, making in all six months' imprisonment.
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Folkestone Chronicle 6 February 1875.
Inquest.
An inquest was held at the Alexandra Hotel on Thursday evening last,
on the body of Mrs. Erridge, the wife of Mr. Pickford's clerk, who
died under the most painful circumstances on Thursday morning last.
Sarah Hall, who nursed the deceased, stated that deceased told he
she had missed her footing on the plank as she was leaving the
Belgian boat, and thus fell underneath the vessel onto the gridiron.
Dr. Mercer stated that deceased had received such violent injuries
to her spine that she could not possibly recover. The evidence of
John Henry Marsh and Robert Hall only confirmed these sad
particulars, and the jury returned a verdict of Accidental Death.
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Folkestone Express 6 February 1875.
Inquest.
An inquest was held at the Alexandra Hotel on Thursday evening
before John Minter Esq., Borough Coroner, upon the body of Ellen
Herridge, wife of a clerk at Messrs. Pickford's office, The Stade,
Radnor Street, who died in consequence of injuries received under
the circumstances detailed below. It will be remembered that the
facts of the accident were fully reported at the time.
Mrs. Hall, nurse, of Radnor Street, said: I recognise the body as
that of Ellen, the wife of Frederick Herridge, agent for Messrs.
Pickford. Deceased was 39 years of age. While nursing her witness
heard deceased say that the heel of her foot caught the plank when
going from the coal hulk when going on board a Belgian steamboat
lying in the harbour. She said she was going to call her little boy
from on board. Witness was sensible to the last, and died at a
quarter past six that (Thursday) morning.
Mr. Richard Mercer, surgeon, stated that on Thursday the 21st ult.,
he saw deceased about seven o'clock p.m. He found her suffering from
a very severe injury to the spine, and on subsequent examination
discovered a fracture about the sixth or seventh bone from the top
of the column. There was complete paralysis both of motion and
sensation below the seat of the injury. The sternum or chest bone
was also fractured. Witness did not think she could last two hours,
but she rallied under the use of stimulants, and to his astonishment
survived to that morning. On the Thursday evening deceased was
incoherent in speech and did not know she had had a fall. When
witness saw her deceased was sober. On a subsequent occasion, when
sensible, deceased said she slipped when crossing a plank. The
injuries were such as would result from a fall. There was no hope
from the first. Death was only a question of time.
John Henry Marsh, a baker's boy, aged 14, said on Thursday week,
about four in the afternoon, he was near the harbour. He saw Mrs.
Herridge on the hulk, looking at the steamboat. She put one foot on
the plank, when she fell over on to the ground. A Belgian sailor was
standing about a foot off Mrs. Herridge when she fell over. He
seemed to be waiting to follow her across the plank. Directly she
fell, he helloed to the men below scraping the ship, which was on
the gridiron. Witness could not understand what the man said.
A Juror: The man probably spoke Flemish.
To another Juror: I was on the bridge, near the hulk. I don't know
why Mrs. Herridge fell, except she might be “swimmy-headed”.
Robert Hall, fisherman's son, 13, said he was under the railway
close to the hulk on Thursday afternoon week. He heard a noise, and
turning round, saw Mrs. Herridge close by on the ground. Witness
then ran away. (Laughter) He afterwards saw some men pick her up.
The son was proffered to show why his mother was going on board, but
the jury said they did not need to hear further evidence.
The Jury returned a verdict of Accidental Death.
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Folkestone Chronicle 20 March 1875.
Wednesday, March 17th: Before The Mayor, Col. De Crespigny, R.W.
Boarer, J. Tolputt, and W. Bateman Esqs.
Hobson Wright Lebutt was summoned for wilfully damaging a ladder,
the property of Charles W. Spurrier, on the 13th inst.
Mr. Minter appeared for defendant.
The defendant was also charged with stealing a cask and a pair of
trousers, of the value of 21s., at the same time.
The Bench, having heard the evidence, dismissed both cases.
Notes: Lebutt was licensee of the Royal George and Spurrier the
Alexandra Hotel.
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Folkestone Express 20 March 1875.
Wednesday, March 17th: Before The Mayor, Col. De Crespigny, R.W.
Boarer, J. Tolputt and W. Bateman Esqs.
Hobson Wright Le Butt, of the Royal George Hotel, was charged with
wilfully and maliciously damaging a ladder, the property of Charles
William Spurrier, of the Alexandra Hotel on the 18th inst. Mr.
Minter appeared for defendant.
Prosecutor deposed that at half past six p.m. on Saturday evening he
was in his bedroom at the back of the house, and heard someone
moving some casks. He saw it was Mr. Le Butt, and thinking that he
was moving his own casks took no further notice of it. On Sunday
morning he missed a ladder which lay partly on his own ground and
partly on that belonging to the Royal George. He afterwards found a
broken piece of the ladder by the back door of the Royal George; the
other part he had seen in the back premises of the same hotel. The
value of the ladder was 15s.
Cross-examined by Mr. Minter: I believe defendant is landlord of the
Royal George. Had not been unfortunate with his ladder; had often
lent it to defendant. Had had no dispute with Mr. Groves, the late
landlord. Had not asked defendant for the ladder on account of his
state; he considered he would not have done it if he had been sober.
He considered he was a dangerous man.
Mr. Minter: And therefore you want to get rid of him.
The Bench dismissed the case without calling on Mr. Minter for his
defence.
Mr. Minter: You ought to be obliged to us for taking care of your
ladder. You can have it on application.
Mr. Spurrier: Very well, my next action will be in the county court.
Mr. Minter applied for a certificate of dismissal to bar further
proceedings, but as the charge was not one of felony, the
Magistrates did not grant it.
The same defendant was next charged with stealing a cask and pair of
trousers, value 21s., at the same time from the same prosecutor. Mr.
Minter again defended.
Mr. Spurrier said on Saturday he had a 36 gallon cask, belonging to
Messrs. Truman, Hanbury and Co., standing on ground at the back of
his house. He saw it at 5 p.m. At 6.30 he saw defendant moving some
casks, and at seven o'clock he found the cask in question was gone.
He saw the cask on Sunday in Mr. Le Butt's back building. Prosecutor
also lost a pair of trousers hanging on a line on defendant's land,
and he also found these in this building. He could identify them.
By Mr. Minter: I laid the information and knew that I was swearing
that defendant feloniously took these. I did not, as a neighbour and
hotel keeper, think it well to ask him for it. The cask stood on the
right of way, but on one side, so that defendant could have passed.
The trousers – a very small pair of knickerbockers – were produced
by Mr. Le Butt, to the amusement of the Court.
Mr. Minter addressed the Court for the defence, saying he was sorry
Mr. Spurrier had allowed his temper to get the better of him and
bring forward this charge. He saw that he had not taken the usual
course of apprehending the supposed thief under a warrant, but had
summoned Mr. Le Butt to answer this trumpery charge. The fact was
Mr. Le Butt had suffered depredations on a fowl house, and locked up
all the loose property in the yard.
The Mayor said the Magistrates had unanimously decided to dismiss
the case.
Applause was expressed in Court at the decision, but this was
instantly suppressed.
The parties then left the Court. Miss Spurrier took up the offending
pair of breeks left by Mr. Le Butt, and retired with her father.
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Southeastern Gazette 22 March 1875.
Local News.
At the Borough Petty Sessions, on Wednesday, Hobson Wright Le Butt,
landlord of the Royal George Hotel, was charged with wilful damage
to a ladder worth 15s., belonging to Mr. C. Spurrier, of the
Alexandra Hotel.
On March 13th, plaintiff saw defendant moving some casks in a yard
common to both hotels. The next morning he discovered that the
ladder had been broken and placed in an out-house belonging to Le
Butt. He could swear to one of the spokes produced.
Cross-examined by Mr. Minter, who defended, plaintiff said there was
no mark on the spoke by which he identified it.
The Mayor said that the Bench would not trouble Mr. Minter, but
dismiss the summons. Mr. Spurrier said he should go to the county
court for a remedy.
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Folkestone Chronicle 5 June 1875.
A most extraordinary case of mistaken identity occurred on Tuesday
morning last. A coastguardsman discovered a body in the water just
beyond the toll house in the Lower Sandgate Road. It was that of a
young man, respectably attired, and several at once identified the
corpse as that of George Hopley, who at one time was waiter at the
Paris. On breaking the news to Hopley's father, the young man was
found alive, and came back to Folkestone. The resemblance is very
marked. Deceased is deformed in one of his fingers near the nail,
and Hopley has a similar peculiarity. On his person was found a copy
of Uncle Tom's Cabin, and inside of which was the name in pencil,
“Harry Renshaw, Dean Street, Lincoln”. The Superintendent has
written to make enquiries in that place, but no information can be
gleaned. A photograph of the body has been taken, and the peaceful
expression of the face, almost a smile on the mouth, is most
striking. Evidently the young man, according to his hands, has done
very little laborious work. Absurd rumours were afloat as to a
betting book being found on him, which suggested the cause of
suicide, but this altogether is one of those stories which
imaginative persons are so fond of circulating.
An inquest on the body was held at the Alexandra Hotel on Tuesday
evening, before John Minter Esq., Coroner.
John Sharp, gardener, deposed to seeing the body, and drawing the
attention of the coastguard to it.
John Fitzgillon, a coastguardsman stationed at Folkestone, deposed:
Just before five o'clock I was coming from my house at Sandgate, to
perform my duties at Folkestone, and when hear the toll house on the
Lower Sandgate Road the last witness called me from the top of the
cliff. I walked down the beach in the direction Sharp pointed, and
saw the body just seen by the jury. It was quite cold, and lying on
it's back, with the head towards the eastward (the harbour), about
fifteen yards below last water mark. He was fully dressed, except
that he had no hat. The tide was high between seven and eight last
night, and between eleven and twelve that night it would have
receded to where the body lay. There were rocks to the seaward, but
none ashore of the body. I commenced the motions for restoring
animation, but the state of the body showed me the man was quite
dead. With the help of the last witness I drew the body above high
water mark and searched the pockets. We found in them the articles
produced – a copy of Uncle Tom's Cabin containing the name twice
written in pencil “Harry Renshaw, Dean Street, Lincoln”, a bunch of
keys, a handkerchief, a penny, and two half pence, which I delivered
to the police. From the appearance of the body and the “little dock”
that he had made in the beach by the rolling it had received from
the waves, I believe the body had not been moved after it was dead,
nor had it been in the water very long before we found it.
Dr. Bateman stated that from an examination he had made, he believed
that death came by drowning.
Supt. Wilshere produced some studs and gold plated sleeve links
which he had removed from the shirt.
The Coroner summed up, showing that there was no evidence as to how
deceased came by his death, and the jury returned a verdict of Found
Drowned.
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Folkestone Express 5 June 1875.
Inquest.
Early on Tuesday morning the body of an unknown man was found
between tides on the beach, just beyond the toll-house on the Lower
Sandgate Road, by a coastguardsman and a gardener. The body was
fully dressed (with the exception of a hat) in good clothes, but had
but three halfpence in the pockets. The corpse was taken to the tan
house at the back of the fishmarket pending identification. While it
lay there several persons who saw it recognised in it the body of a
man named George Hopley, who at one time was a porter at the London
and Paris Hotel, and more recently a railway ticket collector at
Dover. A messenger was sent to Dover to break the intelligence to
the young man's friends, but returned bringing with him the supposed
drowned man that he might lend his assistance in identifying it.
Even then the resemblance was so great that those standing by
remarked that if Hopley was not then present they should still
consider it his body. In consequence of the false scent on which
persons were thus put, a travelling copy of “Uncle Tom's Cabin”, in
which was pencilled the name Harry Frenshaw, Deane Street, Lincoln,
was overlooked till late in the day. A gentleman living not a
hundred yards from the Manor Road was also recognised in the body,
but, like the ticket collector, he proved still to be alive and able
to speak for himself. It was surmised that deceased was a betting
man and that he had committed suicide, possibly in consequence of
losses at the Derby, by making into the sea at high tide on Monday
night, but these suppositions had necessarily no solid foundation to
rest upon.
An inquest was held on the body at six o'clock on Tuesday evening at
the Alexandra Hotel before Mr. J. Minter, Coroner for the Borough,
and a jury.
John Sharp, gardener, said: I live in the Bayle, lodging at the Red
Lion public house. This morning about half past four o'clock I was
walking on the cliff, and when near the half way toll gate saw
something near the edge of the beach. I drew the attention of a
coastguardsman named John Fitzgibbon to it, and we went down and
found it was the body of an unknown man – the one that has just been
viewed by the jury.
John Fitzgibbon, a coastguardsman stationed at Folkestone, deposed:
Just before five o'clock I was coming from my house at Sandgate to
perform my duties at Folkestone, and when near the toll house on the
Lower Sandgate Road, the last witness called me from the top of the
cliff. I walked down the beach in the direction Sharp pointed and
saw the body just seen by the jury. It was quite cold and lying on
it's back, with the head towards the eastward (the harbour) about
fifteen yards below the last high water mark. He was fully dressed,
except that he had no hat. The tide was high between seven and eight
last night, and between eleven and twelve that night it would have
receded to where the body lay. There were rocks to seaward, but none
ashore of the body. I commenced the motions for restoring animation,
but the state of the body showed me the man was quite dead. With the
help of the last witness I drew the body above high water mark, and
searched the pockets. We found in them the articles produced – a
copy of “Uncle Tom's Cabin” containing the name twice written in
pencil, Harry Frenshaw, Deane Street, Lincoln, a bunch of keys, a
handkerchief, a penny, and two halfpence, which I delivered to the
police. From the appearance of the body and the “little dock” that
had been made in the beach by the rolling it received from the
waves, I believe the body had not been moved after it was dead, not
had it been in the water very long before we found it.
Mr. W. Bateman, surgeon, said he saw the body of the deceased at the
tan house between seven and eight o'clock. He examined the body
externally, but found no marks of violence. From the air bubbles on
the mouth and nostrils and the pinched appearance of the features,
death appeared to have arisen from drowning. He believed that the
body had only been in the water a few hours. The body appeared to be
that of a young man of about two or three-and-twenty.
In reply to a juror: The body could not have floated over any rocks
that lie to seaward. The “little dock” described by the last witness
would indicate that the man had not been far in the water when he
was drowned.
Superintendent Wilshere produced some gold-plated sleeve links and
studs removed from deceased's shirts. The body was dressed in a
tweed suit of olive green. There was no mark upon the clothing by
which identification could be established. Witness had had the body
photographed.
In answer to a juror, witness said he had not telegraphed to the
address in the book because till within a short time of the inquest
he had been on a wrong scent as to the identity.
The Coroner asked whether the jury considered they had sufficient
evidence as to the cause of death, or would they adjourn for further
evidence? It was almost certain from the doctor's evidence that the
deceased met with his death by drowning, but they could not tell
whether he fell into the sea during a fit, whether he drowned
himself, or if he was pushed in. Even if they met another day and
evidence was adduced as to who he was, and even supposing it was
stated that he left home in an unsound state of mind, that would not
render the cause of death absolutely certain.
After a brief consultation the jury returned an open verdict of
Found Drowned.
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Folkestone Express 10 July 1875.
Local News.
There can no longer be any doubt as to the fate of the four young
men and young ladies employed as shop assistants, and of the boatman
who left Dover harbour in the pleasure boat Vivid on the evening of
the 16th June. It will be remembered that great alarm was created in
that town by the non-return of the party, and that the suspense
deepened to almost certainty when the empty and rudderless boat
washed ashore next morning. During the week all the bodies of the
missing persons have been seen, and four out of the five recovered,
and inquests duly held thereon.
The first instance of recovery was that of Miss Laney. The facts
brought out at the inquest on the body will be found recorded in our
sixth page amongst the Dover news. The body of Frank Hogben was
towed into Hythe on Monday, and an inquest was held on it before Mr.
William Smith, coroner for the borough, when a verdict of “found
drowned” was returned. On the same evening, the body of Ladd, the
boatman, was picked up off Dover and brought into the port. On
Sunday some fishermen from Folkestone saw the body of Miss Coleman,
the second young lady, but were not successful in grappling with it.
On Wednesday it was again seen, somewhat nearer Dungeness, but a
rope could not be thrown on it.
On Thursday morning the last and fifth body, that of Edward Hogben,
the younger brother of the other young man who perished by this
accident, was seen floating off the Folkestone Harbour, about a mile
from the shore. It was brought ashore by the boatmen who observed
it, who were just in the act of taking provisions to a ship, and
after four hours' towing was got within the piers, and removed to
the tan house on the East Quay. It was in an advanced state of
decomposition from the length of time it had laid in the water.
An inquest was held before John Minter Esq., Coroner for the
Borough, on the body, at the Alexandra Hotel on Thursday evening.
Mr. Edward Hogben, landlord of the Ship Hotel, Faversham, identified
the body lying at this house as that of his son, Edward, aged
eighteen. Deceased was employed at Messrs. Killick and Back's,
Market Place, Dover. Witness recognised a watch, bunch of keys, and
other articles, which had been shown to him by P.S. Reynolds as
those that had belonged to his son, Edward.
John Davidson, boatman, North Street, found the body when in a
hovelling boat, about a mile and a quarter off Folkestone. He picked
it up, and towed it into the harbour, and put it in the tan house.
They saw it about half past ten a.m. that morning.
Police Sergeant Reynolds deposed to searching the body at the tan
house, and to finding upon it a watch (which had stopped at half
past nine). Two bunches of keys, a purse of money, tobacco pipe,
case and pouch, a knife, and handkerchief marked Hogben, which he
had shown to deceased's father.
The jury returned a verdict of Found Drowned.
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Folkestone Chronicle 27 November 1875.
The inmates of the Alexandra Hotel, having for some time heard
melodious sounds issuing from behind a wall in one of the rooms in
the house, they were certain from what they heard and observed, that
a singing mouse had taken up it's residence on the premises. The
noise proceeding from the mouse resembled the chirping or singing of
a canary. Several traps were set, and eventually the mouse was
caught. This valuable prize was at once placed in a squirrel-shaped
cage, but although it sang so freely in the air of freedom,
confinement seems to depress it's spirits, and it's vocal organs
have not been so powerfully manifested as hitherto. Mr.
Knatchbull-Hugessen has brought out another book of Fairy Tales, and
we recommend the owner of this valuable acquisition to send it to
him, and perhaps we might have a charming story entitled “The
Folkestone Singing Mouse”, or if there is to be a Pantomime this
Christmas, it's originators could not have a more taking title. We
understand that Mr. Spurrier will most likely offer what he esteems
as a great rarity either to the Zoological Society or to the
Brighton Aquarium.
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Folkestone Chronicle 25 December 1875.
Auction Advertisement.
Folkestone. The Alexandra Hotel. Close to The Harbour.
The most substantially built Freehold Premises, fully licensed, so
well known as the Alexandra Hotel, Folkestone. A well frequented
house. The premises are most substantially built of handsome
elevation, and are complete with every comfort and convenience.
Mr. Herbert Bean will sell the above by Auction, at the Auction
Mart, Token House Yard, Lothbury, E.C., on Tuesday, January 11th,
1876, at 2 o'clock precisely.
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Folkestone Express 12 August 1876.
Wednesday, August 9th: Before The Mayor, General Cannon, Alderman
Caister, J. Tolputt, J. Clark, and R.W. Boarer Esqs.
Transfer of License:
Temporary authority to sell was granted to Mrs. Spurrier of the
Alexandra Hotel.
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Folkestone Express 19 January 1878.
Friday, 11th January: Before J. Kelcey and R.W. Boarer Esqs.,
General Armstrong, and Captain Fletcher.
Edward Attwood, a tramp, who had arrived in the town from Dover, was
charged on his own confession with stealing a half crown and a
florin, the property of Mrs. Caroline Spurrier, of the Alexandra
Hotel. Mrs. Spurrier declined to prosecute and prisoner was
therefore discharged.
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Folkestone Express 14 September 1878.
Saturday, August 7th: Before The Mayor, Alderman Caister, and
Captain Carter.
Philmon Tyas appeared to a summons charging him with assaulting
Esther Caroline Dickson.
Complainant, the wife of John Dickson, of Woodin Street, Cornwall
Road, Lambeth, said defendant was her brother. On Wednesday, the 4th
September, she was in Folkestone, and saw her brother in the
Alexandra Hotel, in the private bar. She was having a glass of ale
with her sister.Defendant came to the door, and drank a glass of ale
which her sister handed to him. He then asked her when she was going
home, and she replied “By the excursion train”. He afterwards called
her a liar because she knew nothing of some woman he wanted to find,
and struck her a severe blow on the forehead, and knocked her down
in the road, blacking her eye. When she got up he struck her again.
P.C. Keeler said he saw what took place. The last witness was
beating the defendant on the back with her umbrella. She was
helloing and drunk. She slapped defendant's face several times, and
rushed at him as he was going away. He was going to take her into
custody, but her sister took her away. He reported the case to the
Sergeant.
Annie Weatherhead, sister of the complainant, said she was with her
sister at the Alexandra Hotel. Her brother and sister went to the
door and talked together. She saw her sister on the ground, and
pucked her up, but she did not know if she was knocked down or
whether she fell. The complainant was not drunk, and she told her
defendant knocked her down.
In reply to defendant, Mrs. Weatherhead said she did not ask him to
go and fetch complainant out of the Paris Hotel before tea. She saw
het take a Mr. Franks into the hotel and treat him.
The Bench considered the assault proved, and as there were several
previous convictions against him, the defendant was fined 40s. and
11s. costs, or one month's hard labour.
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Folkestone Express 23 November 1878.
Wednesday, November 20th: Before Colonel De Crespigny, Capt. Carter,
W.J. Jeffreason, J. Clark, and James Kelcey Esqs.
Caroline Spurrier, of the Alexandra Hotel, was summoned for keeping
her house open for the sale of liquor during prohibited hours on
Friday the 15th inst. Mr. Mowll, of Dover, appeared for the
defendant, who pleaded Not Guilty.
Supt. Wilshere deposed: At ten minutes past twelve in the early
morning of the 15th of November I saw a light in the public parlour
at the Alexandra Hotel. I knocked four or five times, and after
waiting about three minutes I was admitted. The place was then in
darkness. I called for a light and someone lit the gas in the
passage. Then I saw there were some people in the room sitting at
the table, and there were a number of glasses on a centre table,
some of which contained liquor. I told defendant I should report the
case and apply for a summons against her. She replied “Don't do
that, they are all good friends to you”.
Mr. Mowll said he considered he had no case to answer. It had not
been proved that the house was open, and it had been held by Justice
Mellor that the Magistrates must be satisfied that the house was
open for the purpose of sale, of which there was no evidence in that
case.
The Magistrates' Clerk (Mr. Bradley) said there had been three or
four decisions to show that it was not necessary for a door to be
opened after closing time in order to obtain a conviction.
Mr. Mowll said the Act of Parliament specially provided for that
because it contained a clause which expressly stated “for the
purposes of sale” – either an actual sale must be proved, or the
house must be open for the purpose of sale. There was nothing in the
Act of Parliament which said that at eleven o'clock a landlord
should close his house, and it was perfectly competent for persons
to remain in his house so long as he did not supply them with any
liquor whatever, and there must be some special circumstances in
order to justify the Bench in deciding that there was a sale after
eleven o'clock. He quoted a case stated by the Magistrates of
Maidstone for the opinion of the Court of Queen's Bench to decide
whether in certain circumstances the Magistrates were justified in
convicting. A policeman had entered this house in the Boxley Road at
half past eleven on Sunday. There were two lodgers in the parlour,
and on going to a closet at the rear of the house the policeman
found two men who lived in the neighbourhood, one of them having in
his hand a pot of freshly drawn beer. There was evidence of beer
having been recently drawn, and the Court decided that it was a
proper conviction. But in this case there was not any evidence of
sale, and there was nothing for him to address the Bench upon.
The Magistrates retired for a short time, and on their return
Colonel De Crespigny said they were of opinion that there was a case
to answer.
Mr. Mowll then said he should call Mrs. Spurrier as a witness, as he
was entitled to do under the provisions of the Act. She would tell
them that these persons were in the house long before eleven
o'clock, and that there was no sale of any liquor of any description
whatever after that hour, and upon the evidence and upon the merits
of the case he should confidently ask the Bench to dismiss it. The
Superintendent said there were seven or eight glasses on the table,
but there were only three persons in the room. He did not pretend to
carry his case further than that, or to say that there was any beer,
any wine, or other refreshment sold after eleven.
He called Mrs. Caroline Spurrier, who said: I am proprietress of the
Alexandra Hotel. On the night in question the house was locked up
when the Superintendent called. In my coffee room there were three
gentlemen. They came in about half past eight. I closed the house at
eleven. I did not supply the gentlemen with any liquor after eleven.
Mr. Bradley: Why did you put out the lights? – I did not do it. I
had no idea the lights were out. It must have been done by one of
those in the room.
Colonel De Crespigny said the Bench had come to the conclusion to
dismiss the case.
Summonses had also been issued against the persons who were found in
the house.
Mr. Mowll, in asking the Bench not to deal with these cases, said he
had advised his client that whether she was acting legally or not in
allowing persons to remain in her house, she was acting
indiscreetly. He knew that the spirit of the Licensing Act must be
carried out, and that when eleven o'clock came all the people in the
house must leave. He could give the Bench Mrs. Spurrier's assurance
that henceforth the Bench would not again be troubled by a summons
of that description. He did not think, after the evidence which had
been given by one of the persons that the Bench would convict them,
because they would one and all say that no liquor was drawn after
eleven.
The Magistrates' Clerk said the Bench had no power in the matter,
but the Superintendent could withdraw the summonses.
The Superintendent said as far as he was concerned he would comply
with Mr. Mowll's request, but he was sure it would not meet with the
approbation of the authorities from whom he received his
instructions.
Mr. Mowll said an intimation from the Bench would justify the
Superintendent in withdrawing.
The Bench thought he might do so if he felt disposed.
The Superintendent said he could not do so without first
communicating with the Watch Committee.
Mr. Mowll: Have you received instruction from the Watch Committee to
prosecute?
The Superintendent: I have received general instructions to
prosecute in cases where houses are found open after hours.
Mr. Jeffreason: The Bench think there will be no impropriety, but
they do not advise the Superintendent at all.
Mr. Mowll then said he should ask the Bench to adjourn the case, but
immediately afterwards determined to let it go on.
Superintendent Wilshere gave similar evidence to that in the last
case, and the Bench considered that there was no doubt the
defendants had contravened the Act, and rendered themselves liable
to fines of 40s., but they reduced the penalty to 2s. 6d. each and
costs.
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Southeastern Gazette 23 November 1878.
Local News.
On Wednesday Caroline Spurrier, the landlady of the Alexandra Hotel,
was summoned for keeping her house open during prohibited hours on
Friday, the 15th inst. She pleaded not guilty.
Mr. W. Mowll appeared for the defence, and argued that no offence
had been committed. The superintendent had admitted that the door
was fastened when he visited the house, and, no evidence had been
adduced to prove that any sale had taken place after the hour of
closing. As far as the persons found in the house were concerned,
there was wording in the Act which compelled a landlord to close his
house at 11 o’clock, but a man who went in before closing time could
stay as long as he liked afterwards, provided no refreshments were
served to him.
The Bench dismissed the case.
John Trevener, Frederick Kelly, and John Jones were summoned for
being found on licensed premises during prohibited hours, and were
fined in the mitigated penalty of 2s. 6d. and costs.
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Folkestone Express 11 January 1879.
Saturday, January 4th: Before The Mayor, Alderman Caister, General
Armstrong, R.W. Boarer and W.J. Jeffreason Esqs.
Richard Spearpoint, charged with being found drunk at the Alexandra
Hotel at a quarter to twelve on New Year's Eve, pleaded Guilty, and
was fined 1s. and 8s. costs, or seven days' hard labour.
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Folkestone Express 20 January 1883.
Saturday, January 13th: Before The Mayor, Colonel De Crespigny, and
J. Holden Esq.
The license of the Alexandra Hotel was transferred from Mr. Satchell
to Mrs. Spurrier.
Note: No mention of Satchell in More Bastions.
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Southeastern Gazette 11 June 1883.
Local News.
At the Police Court on Saturday, Caroline Spurrier of the Alexandra
Hotel, was charged with opening her house during prohibited hours on
the 3rd inst., and John Baker, John Ross, A. Tolputt, H. Beer, W.
Gosling, A. Latham and William Bird, were charged with being on
licensed premises during prohibited hours. Mr. Minter appeared for
Mrs. Spurrier, she being unable to attend through illness.
Police Sergeants Ovenden and Pay stated that they visited the
Alexandra Hotel just after twelve o’clock on Sunday night, entering
by the back door. They there found Baker and Beer along with two
females. The men stated that they had just come ashore. Inside the
house were found the other defendants. Bird said he had stayed to
supper, but the others made no reply when the police asked why they
were there.
Mr. Minter addressed the Bench on behalf of his client, and called
Henry Spurrier, son of Mrs. Spurrier, who said he heard a knock at
the back door, and on opening it Baker and Beer walked in, bringing
a stone bottle and a can which they had had during the day. He did
not draw them any beer. Mr. Ross was lodging at the hotel.
William Hearnshaw Bailey, merchant, 13, King Street, Snow Hill, and
Blackfriars, London, son-in-law of Mrs. Spurrier, stated that since
Mrs. Spurrier’s accident his wife had attended her mother, and he
came down certain days to superintend the business. He brought down
some salmon and asked Ross, Tolputt, Gosling, Bird and Latham to
supper on Sunday night. Ross was a permanent lodger.
The Bench fined Mrs. Spurrier £2 10s., costs 12s., or one month’s
imprisonment, but said her licence would not be endorsed. The
summons against Ross was dismissed, but the other defendants were
each fined 5s., casts 8s., or seven days’ imprisonment. The fines
were paid.
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Folkestone Chronicle 16 June 1883.
Saturday, June 9th: Before W. Carter Esq., Ald, Caister, and Messrs.
Holden and Fitness.
Corline Spurrier, of the Alexandra Hotel, was charged with opening
her house during prohibited hours on the 3rd instant, and J. Baker,
J. Ross, A. Tolputt, H. Beer, W. Gosling, A. Latham, and W. Bird
were charged with being on licensed premises during prohibited
hours.
Mr. Minter appeared for Mrs. Spurrier, she being unable to attend
through illness.
Police sergeants Ovenden and Pay stated that they visited the
Alexandra Hotel just after twelve o'clock on Sunday night, entering
by the back door. They there found Baker and Beer, along with two
females. The men stated that they had just come ashore. Inside the
house were found the other defendants. Bird said he had stayed to
supper, but the others made no reply when the police asked why they
were there.
Mr. Minter addressed the Bench on behalf of his client, arguing that
the defendants, with the exception of Baker and Beer, were the
guests of Mr. Bailey, the landlady's son-in-law, who had invited
them to supper. Beer and Baker came into the house, but were not
served, and he reminded the Bench of the youth of the son left in
charge, who no doubt committed an indiscretion by admitting them,
and he contended there was no case whatever against Ross, who used
the hotel as his home when not at sea. He called Henry Spurrier, son
of Mrs. Spurrier, who said he heard a knock at the back door, and on
opening it Baker and Beer walked in, bringing a stone bottle and a
can which they had during the day. He did not draw them any beer.
Mr. Ross was lodging at the hotel.
William Earnshaw Bailey, merchant, 13, King Street, Snow Hill and
Blackfriars, London, son-in-law of Mrs. Spurrier, stated that since
Mrs. Spurrier's accident his wife had attended to her mother, and he
came down certain days to superintend the business. He brought down
some salmon, and asked Ross, Tolputt, Gosling, Bird, and Latham to
supper on Sunday night. Ross was a permanent lodger.
The Bench fined Mrs. Spurrier £2 10s., costs 12s., or one month's
imprisonment, but said her license would not be endorsed. The
summons against Ross was dismissed, but the other defendants were
each fined 5s., costs 8s., or seven days' imprisonment. The fines
were paid.
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Folkestone Express 16 June 1883.
Saturday, June 9th: Before Captain Carter, Alderman Caister, J.
Holden and J. Fitness Esqs.
Caroline Spurrier, landlady of the Alexandra Hotel, was summoned for
keeping her house open for the sale of liquor during prohibited
hours, and John Baker, Wm. Ross, Arthur Tolputt, Henry Beer, Wm.
Gosling, Albert Latham and William Bird for being on the premises
during prohibited hours on Sunday morning, the 3rd inst. Mr. Minter
appeared for all the defendants.
A medical certificate was put in that Mrs. Spurrier was suffering
from a broken ankle, had been in bed for five weeks, and was unable
to appear. Mr. Minter wished the case to be heard in her absence.
Sergeant Ovenden said: On Sunday morning, the 3rd inst., at 20
minutes past 12, I visited the Alexandra Hotel in company with
Sergeant Pay. We entered the hotel by the back door, which was
opened by Master Spurrier. On going into the passage, close by the
back door, John Baker and Henry Beer and two females were standing.
I asked them what they were doing there on licensed premises. They
replied “We have just come ashore”. I took their names and
addresses, and while I was doing so the females left by the front
door. I then went into the back room, where I found the defendant
Arthur Tolputt. I asked him why he was there during prohibited
hours. He replied “I am going to stop here tonight”. On the table
there was a jug and two glasses of malt liquor. I told him I should
report it. I then went into the front parlour where Sergeant Pay had
previously gone. I spoke to Pay in the presence of Latham, Gosling,
Ross and Bird. I asked him whether he had taken the names of the
defendants. He said he had. There was a jug on the table, and a
small quantity of malt liquor in some glasses. I did not look into
the jug. In reply to something that was said, I said we had our duty
to perform, and must do it. I know all the defendants, except Mr.
Ross, as residents of the town.
Cross-examined: I did not ask the four I have mentioned why they
were there. Baker and Beer did not look as if they had just come
ashore. Mr. Tolputt had not his shoes off. I do not know that Mr.
Ross lives at the Alexandra. I found him there when I served the
summons, and I have been told that he is living there now.
By the Bench: Ross gave his address as on board the steamship
Eborall.
By Mr. Minter: He said he belonged to the steamship Eborall.
Sergeant Pay said at 10 minutes past 12 he saw the defendants Baker
and Beer and two females go into the passage towards the back door
of the Alexandra Hotel. He corroborated Sergeant Ovenden's statement
as to subsequently visiting the house. He asked Latham, Ross,
Gosling and Bird to account for being on licensed premises. Mr. Bird
replied that he had stayed to supper; the others made no reply.
Mr. Minter said on behalf of Mrs. Spurrier he would deal first with
the two men, Baker and Beer, because if the Bench held that their
presence there was an opening of the house for the sale of
intoxicating liquors which would justify the Bench in convicting
Mrs. Spurrier, then he should contend that it was an offence which
would be met by a very small fine indeed. They had heard that Mrs.
Spurrier had been in bed five weeks, but still, of course, she was
responsible for her servants, but he asked the Bench to take into
consideration the position in which she was placed. Baker and Beer
were customers, and had been to the house during the day, or the day
before, and taken away with them some beer in cans, and taken it to
sea with them, and on their return on Saturday night they merely
called at the house and left the cans. They had nothing to drink,
and therefore he did not think that could be considered an opening
of the house for the sale of liquor. Then, with regard to Ross, he
was a permanent lodger, and although he was a seaman, he was
perfectly entitled to take up his abode at an hotel if he chose. He
was actually served with the summons whilst having his breakfast in
the hotel. As to the other four defendants, they were there by
invitation by Mrs. Spurrier, through her son-in-law, who had brought
down a salmon from London, which they had been asked to partake of
for supper. That, of course, there was nothing in the law to
prevent. He thought, looking at all the circumstances, the Bench
would dismiss the whole of the summonses.
He called Harry Spurrier, who said Baker and Beer had brought back a
stone bottle and a can. They had no liquor of any kind. Mr. Ross was
a lodger, and had been staying at the hotel for three months.
Captain Carter: You say Baker and Beer came to return cans belonging
to the house. What induced you to let them come into the house?
Witness: The back door was not locked, and they walked in. I took
the cans and they were just going out again when Sergt. Ovenden and
Sergt. Pay walked in. I had shut the back door but not locked it.
William E. Bailey, who affirmed instead of taking the usual oath,
said he was a merchant, carrying on business at 13, King Street,
Snowhill, and 54 and 55, Blackfriars Road, London, and was
son-in-law of the defendant Mrs. Spurrier. His wife came down to
Folkestone to wait upon her mother when she met with an accident
four or five weeks since, and he had been almost constantly with her
the last fortnight. On aturday afternoon he brought a salmon down
from London and invited the five defendants as Mrs. Spurrier's
guests to partake of it. Mr. Ross was a permanent lodger, and slept
there that night.
Captain Carter: You say you came down from London on Saturday
afternoon. Where did you find the five defendants to invite them to
supper?
Witness: They all came “straggling” in at different times. There was
no formal invitation sent. I invited them as they dropped in.
Captain Carter: Mr. Minter gave us to understand there was a formal
invitation.
Mr. Minter: No “cards”, sir. (Laughter) It is not usual in the
position of life in which the defendants are. It is different in
some circles, Captain Carter.
Witness replied indignantly that he considered his position in life
quite equal to that of any of the magistrates.
Captain carter, in announcing the decision of the Bench, said, with
regard to Mrs. Spurrier, they found the case was proved against her.
They could not do otherwise, although unfortunately she was not able
to look after the house. Still, she was the responsible person, and
the Bench would fine her £2 10s. and 12s. costs, levyable by
distress, and in default, one month's imprisonment. With regard to
the ther defendants, excepting Ross (his case being dismissed, it
having been proved that he was a lodger), the Bench considered they
were Guilty of the offence with which they were charged, and they
would be fined 5s., and 8s. costs, or seven days' imprisonment.
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Folkestone Express 8 December 1883.
Wednesday, December 5th: Before General Armstrong, Captain Fletcher,
Captain Crowe, and F. Boykett Esq.
Caroline Spurrier, landlady of the Alexanrda Hotel, Harbour Street,
was summoned for selling intoxicating liquor during prohibited hours
on the 25th November, and Walter Richard Green, Henry Moody, John
Henry Trevenan, and Captain Ross were summoned for being on licensed
premises at the same time and place.
Mr. Minter appeared for Mrs. Spurrier and Messrs. Green, Moody and
Trevenan, who pleaded Not Guilty.
Captain Ross, who was undefended, pleaded Guilty.
P.C. Harman said that about 12.30 a.m. on Sunday morning, November
25th, he was on duty in Harbour Street with Sergeant Pay. They went
to the back of the Alexandra Hotel and heard some people inside
talking. Whilst they were there a man went and rapped on the door.
Mrs. Spurrier opened the door about half way, and he went forward to
get into the house. He had some difficulty to get in, in consequence
of Mrs. Spurrier pushing the door, but when inside he went into a
small room, and there saw Messrs. Moody, Green, Ross and Trevenan
sitting round a table. There were four glasses on the table, some
containing intoxicating liquor. Sergeant Pay asked if the could
account for being on licensed premises during prohibited hours. None
of them replied except Trevenan, who said he had engaged No. 12
Bedroom for that night, in consequence of his having lost the latch
key of his lodgings. He told Mrs. Spurrier that she would be
reported for keeping her house open, and she said they were all her
friends.
Cross-examined by Mr. Minter: I have seen passengers come from the
station from the late trains and the night boats and go into the
house. The man named Kennedy, who knocked at the door, keeps a fried
fish shop in the same street. He said “It's me, Mrs. Spurrier. I
want you to lend me some coals in the morning”. When I got inside
there were no lights except in the little room. Mr. Trevenan did not
tell me that he slept there the previous night, at least I did not
understand him to say so. I did not watch to see if he did stay
there that night.
P.S. Pay corroborated the last witness.
Cross-examined by Mr. Minter: I know the room where defendants were
to be Mrs. Spurrier's private sitting room. She did not open the
door for the purpose of admitting Kennedy.
By the Bench: I have seen people drinking in this room before this
occasion.
Mr. Minter then addressed the Bench, and called for the defence
William Spree, boots at the Alexandra Hotel, who said he knew Mr.
Trevenan, who had slept at the hotel on the 24th, 25th and 26th.
John Henry Trevenan said he slept at the Alexandra Hotel on the
24th, 25th and 26th November. He paid for his bed.
Henry Monro Moody said he had been doing work for Mrs. Spurrier at
her house and cottage, and on the evening in question he went to see
her on business, and invited Green to go with him. On their arrival
they were invited into Mrs. Spurrier's room. They were there as
private guests. Trevenan came in whilst they were sitting in the
room.
By the Bench: We went there about half past ten and had some drink,
which we paid for. The drink we had after that we did not pay for.
The Bench consulted for some time, and then the Chairman announced
that they considered the case proved. Mrs. Spurrier would be fined
£3 and 12s. costs, or one month's imprisonment. There could be no
doubt that Mr. Moody and Mr. Green were present, but the Bench had
endeavoured to attach as little importance to their guilt as
possible. They would be fined 5s. and 8s. costs. Mr. Trevenan they
acquitted, and Captain Ross was fined 10s. and 8s. costs.
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Folkestone Chronicle 30 August 1884.
Annual Licensing Meeting.
The annual granting of public house and other refreshment licenses
took place on Wednesday morning in the Session House, before The
Mayor and other Magistrates. The whole of the licenses were granted
without comment, except in the cases of the Alexandra Inn (sic) and
an off beer license to a man named Smith.
Supt. Taylor informed the Bench that in the former case two serious
convictions had been recorded, and in the latter, one. As the
Alexandra bore an indifferent character, the Bench held the license
over till the adjourned transfer day, on the 24th Sept. Smith's
license was granted with a caution.
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Folkestone Express 30 August 1884.
The annual licensing meeting was held on Wednesday. The magistrates
present were The Mayor, Captain Carter, J. Clark Esq., and Alderman
Caister.
All the old licences were renewed, with the exception of that of the
Alexandra Hotel, with regard to which Superintendent Taylor called
attention to the fact that there were several convictions against
the house. On the 9th January, 1883, the landlady was fined 50s. and
costs, and on the 5th December, 1883, £3 and costs.
In reply to the Magistrates' Clerk as to the mode in which the house
was conducted now, the Superintendent said it was very indifferent.
He had not given Mrs. Spurrier any notice because he thought she
would attend, and that a caution from the Bench would have the
effect of making her more careful. The granting of the licence was
adjourned.
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Folkestone News 30 August 1884.
Wednesday, August 27th: Before The Mayor, Capt. Fletcher, J. Clark
Esq., and Aldermen Sherwood and Caister.
Licensing Day.
This being the annual licensing day, the holders of licenses in the
district applied for renewals, which were granted without opposition
except in the cases mentioned below.
Upon Mrs. Spurrier of the Alexandra making application, Supt. Taylor
called the attention of the Bench to the circumstance that there
were several convictions against the landlady, and that on the 9th
of June, 1883, she was fined for opening during prohibited hours,
and on the following 6th of December was fined £3 for a similar
offence.
Mr. Bradley: What is the character of the house now? That is the
question.
Supt. Taylor said it was very indifferent, but he had not given
notice of opposition to the application.
The application was adjourned till Sept. 4th, adjourned licensing
day.
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Folkestone Chronicle 27 September 1884.
Wednesday, September 24th.
Wednesday was an adjourned licensing day. Mrs. Spurrier, of the
Alexandra Hotel, whose license was adjourned at the last licensing
day, attended, and her license being granted, was cautioned by the
Mayor as to the manner in which the house should be conducted in
future, as two convictions had taken place there.
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Folkestone Express 27 September 1884.
Wednesday, September 24th: Before The Mayor, Alderman Caister, Dr.
Bateman, Captain Carter, J. Holden, J. Clark and J. Fitness Esqs.
Adjourned Licensing Meeting.
Mrs. Spurrier appeared in support of the renewal of her licence for
the Alexandra Hotel.
The Mayor said that the Bench, after consideration, had decided to
renew the licence, but at the same time advised the applicant to
look well after her house in the future.
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Folkestone Chronicle 30 May 1885.
Saturday, May 23rd: Before The Mayor, General Armstrong, F.W.
Boykett Esq., and Alderman Hoad.
Thomas Seaby, 20, sailor, was charged with stealing a gold watch and
Albert chain, the property of Mr. White, on the 2nd of March last.
It appears that the prisoner was a seaman on board the Impetuous,
and met the prosecutor outside the Alexandra Hotel. He pleaded
Guilty, and in defence made the following statement, which was not
disputed by the prosecutor:
On the 1st of March I saw Mr. White in Tontine Street. He asked me
if I was a mason. I said “No”. He said “I think you are”, and he
incited me home with him and asked me if I would have a liquor. I
said I did not mind, and went home with him, and drank together a
bottle of rum. I had too much to drink, and saw the watch and chain.
It was a great temptation to me, and I took it. It was nearly 3
o'clock in the morning of the 2nd of March before I got back on
board my ship.
Prisoner also said he had been two and a half years on board the
ship.
The Mayor, in passing sentence, said they would take into account
the temptation to which the prisoner had been exposed, and sentenced
him to one month's imprisonment.
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Folkestone Express 30 May 1885.
Saturday, April 23rd: Before The Mayor, Alderman Hoad and General
Armstrong C.B.
Thomas Seaby was charged with having stolen a watch and guard, value
£20, the property of Nicholas White.
Prosecutor, living in Pavilion Road, Folkestone, said: On the 2nd
March last I was at the Alexandra Hotel in the evening. I don't
remember what time I left. When I went in the house I had my watch
and chain with me. Next morning I missed it.
Daniel Purcell, police constable in the Southampton Borough Police
Force, said: In consequence of information received from Supt.
Taylor of Folkestone I went on board the brigantine Impetuous, of
Guernsey, lying at the Phoenix Wharf. That was on Thursday, the
21st. I found the prisoner on board the ship, working as a seaman. I
asked him if his name was “Cockney Tom”. He said “Yes”. I said “I
have got a warrant for your apprehension, and I want you to go to
your berth”. I followed him to his berth, and told him I had a
warrant for his apprehension for stealing a watch at Folkestone. I
said nothing about the chain. He made no reply. As I was in the act
of searching the berth the captain came down into the forecastle.
The captain said “I am very sorry to lose him. I would as soon lose
myself”. He said “I have got a gold watch belonging to him. He gave
it to me to keep for him. I don't believe that's the one for he's
had it some time”. In answer to that prisoner said You are vey kind,
captain. No doubt I got the blame, but I didn't have all to do with
it”. The captain said “It appears you know something about it”. The
captain then left the forecastle, and the prisoner tied up his
clothes and went on deck. The captain brought up the watch from his
cabin, and was going to hand it to me, but I told him to hand it to
the prisoner. He handed it to prisoner, who said he hadn't got a
pocket to put it in, and handed it to me. I asked him if it was his,
and he said it was. I then took him to the police station, and he
was charged by the sergeant on duty in my presence. He made no
reply. The watch produced is the one prisoner gave to me. Prisoner
was afterwards given into the custody of Sergt. Harman, of
Folkestone.
Mr. White identified the watch as his property. He had had it for
six months. He did not know the number, but the first figure was a
“2”. It was an “improved chronograph”. There was a gold Albert
attached to the watch – long links connected by three short ones, 18
carat gold.
Sergt. Harman said he received the prisoner in custody at
Southampton on Friday. Prisoner was charged by Supt. Tailor, and he
replied “Correct”.
Nicholas Hodge, a seaman employed at Folkestone Harbour, produced a
log book of the vessels entering and leaving. The Impetuous, of
Guernsey, entered the harbour on the 19th February, and sailed on
the 16th March.
Prisoner pleaded Guilty, and said the watch was not lost at the
Alexandra Hotel. He appeared reluctant to make any further
statement, but on being asked i he wished to say anything which
might induce the Bench to mitigate the punishment he said: On the
night of the 1st March, about half past twelve o'clock, I was coming
down Tontine Street, and met Mr. White. He said to me “Are you a
mason?” I said “No”. He said “I believe you are a mason”. He had
been drinking, and had a stick with him. He asked me if I would
accompany him home. I went with him, and carried his stick and
assisted him home. When we got there he drew me inside and asked if
I would have a liquor with him. I said I didn't mind. He produced a
bottle of rum and we drank it. By that time he had fallen asleep,
drunk, and I was not very far from being drunk. I saw the watch; it
was a great temptation, and I took it. Half an hour after I would
have been glad to return it.
The Mayor: Do you wish to say anything about the chain?
Prisoner: The chain is at Middlesboro.
Supt. Taylor said they knew all about the chain.
The Mayor said the Bench, taking into consideration the good
character the captain of the vessel gave him, and also the behaviour
of the prosecutor in inducing him to go home with him and making him
intoxicated, and the temptation that was placed in his way, for
which the prosecutor was very much to blame, would only sentence the
prisoner to one month's hard labour, and the Bench hoped he would be
careful not to get into similar trouble again.
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Folkestone Express 18 September 1886.
Local News.
The landlady of the Alexandra Hotel had her cashbox stolen on
Saturday evening. It contained upwards of £50 in gold, silver and
notes, and a number of articles of jewellery, and was kept in a
cupboard. Suspicion attaches to two men who had been staying at the
hotel for two or three days, and who disappeared simultaneously with
the cashbox, which has since been found in a hedge on the Dover
Road, thus intimating that the thieves went to Dover with their
booty, and probably got across to Calais by the night boat.
Information was at once given to the police, and telegrams were
despatched to various places giving descriptions of the two men, but
they appear to have got safely away.
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Folkestone Chronicle 25 September 1886.
Saturday, September 16th: Before The Mayor, Aldermen Sherwood and
Caister, J. Holden and J. Fitness Esqs.
Henry Vye and George Toomes were charged with committing a breach of
the peace.
P.S. Harman said that he was on duty in Harbour Street the previous
Saturday night, when he saw a crowd of people in front of the
Alexandra Hotel. He saw Vye strike Toomes and they fell on the
ground together.
P.C. Lilley corroborated.
They were ordered to pay the costs and be bound over in their own
recognisances to keep the peace for three months.
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Folkestone Express 25 September 1886.
Saturday, September 18th: Before The Mayor, Alderman Sherwood, J.
Holden and J. Fitness Esqs.
Henry Vye and Henry Toms were charged with causing a breach of the
peace in Harbour Street on the previous Saturday evening.
Sergeant Harman said he saw a crowd of people at about 11.30 in
front of the Alexandra Hotel. Vye took of his coat, and Toms and he
commenced fighting. Vye was knocked down. The street was in an
uproar for a quarter of an hour.
The Bench ordered both defendants to enter into recognisances to
keep the peace for three months, and to pay the costs, 7s. 6d. each.
Toms declined to be bound over.
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Folkestone News 25 September 1886.
Saturday, September 18th: Before The Mayor, Aldermen Caister and
Sherwood, J. Fitness and J. Holden Esqs.
Harry Vye and Harry Toms were charged with a breach of the peace and
summoned to show cause why they should not severally be bound over.
Sergeant Harman said that on Saturday night at half past eleven he
saw defendants in Harbour Street in front of the Alexandra Hotel,
where there was a crowd round them. Vye pulled off his coat, and he
and Toms commenced to fight. Toms knocked Vye down, and they were
afterwards both on the ground together. Toms afterwards made a
disturbance in front of his own house, No. 5, Harbour Street, and it
being a common occurrence he wanted the defendants bound over to
prevent it in future.
P.C. Lilley corroborated.
Defendant Toms said it was altogether a mistake of the police. He
went to part Vye and his brother in a friendly way, and there was no
fight at all.
The Mayor said they must be bound over, each in £10, their own
surety, and pay 7s. 6d. costs each.
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Holbein's Visitors' List 23 November 1887.
Saturday, 19th November.
There was a larger attendance than usual of the (otherwise)
unemployed on Saturday morning at the Police Court in anticipation
of a case which was, however, postponed. The Magistrates present
were Captain Carter (in the chair), John Hoad Esq., Alderman
Sherwood, John Holden Esq., John Fitness Esq., and Major Penfold.
A clerk from the office of Mr. Minter, solicitor, said that he was
instructed to apply for an adjournment until next Saturday of the
cases against Mrs. Spurrier, Mr. Arthur Tolputt, and Mr. C. Wilson.
It was impossible for Mr. Minter to be present that day, and as he
was instructed to defend in all three cases, it was most important
that they should be adjourned.
In reply to the Chairman, Superintendent Taylor said that it was a
police prosecution, but he had no objection to the adjournment.
To be heard on Saturday next.
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Folkestone Chronicle 26 November 1887.
Saturday, November 19th: Before Captain Carter, Alderman Sherwood,
Major Penfold, J. Holden, J. Hoad, and J. Fitness Esqs.
Mrs. Spurrier was summoned for selling intoxicating liquors at the
Alexandra Hotel on the previous day.
A clerk from Mr. Minter's office attended and asked that the case
might be adjourned for a week.
The Magistrates granted an adjournment until today (Saturday).
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Folkestone Express 26 November 1887.
Saturday, November 19th: Before Capt. Carter, Alderman Sherwood, J.
Holden, S. Penfold and J. Hoad Esqs.
Caroline Spurrier was summoned for having her house open for the
sale of liquor during prohibited hours.
An application was made for adjournment for a week, and it was
granted.
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Holbein's Visitors' List 30 November 1887.
Saturday, November 26th:
Crowded Court on Saturday morning. Always is crowded when there is a
prospect of someone getting an extra dose of “corrective
discipline”. Human nature is a queer thing, anyway.
But it is no part of my business to moralize. Let us jot.
The Magistrates present were H.W. Poole Esq. (in the chair), W.
Wightwick Esq., and Surgeon-General Gilborne. Alderman Sherwood was
on the Bench during a portion of the hearing of the first case, but
took no part in the adjudication.
Mrs. Spurrier was charged with keeping her licensed premises, to
wit, the Alexandra Hotel, open during prohibited hours, and on a
second summons, with permitting drunkenness on the said premises on
the said date. Mr. Minter appeared for the defence.
P.C. Dawson said that he was on duty with P.C. Lilley at thebottom
of High Street about two o'clock on the morning of the 12th. He
heard voices coming from the direction of the Alexandra, and
accompanied by Lilley went to the hotel. Outside the door he found a
youth about 16 who was very drunk and was vomiting very much. He was
not able to stand. Witness tried the front door and found that it
was not locked. He went into the room on the right of the entrance
and found two strange gentlemen there, and Mr. Arthur Tolputt, Mr.
Sidney Wilson, and Mrs. Spurrier. There were five or six glasses
there, two of which contained liquor, and Mr. Tolputt was in the act
of drinking when witness went in. Witness spoke to the two strangers
and asked who was in charge of the boy outside. One of them said “I
am”, and witness then said he had better look after him or he should
have to do so. He asked if they had travellers' tickets and they
produced three from London to Paris. I then turned to Mr. Tolputt,
when Mrs. Spurrier said “They are stopping here”. Witness replied “I
see they are at present”. He then came out of the house and reported
the matter to the Superintendent and to Sergeant Butcher. Saw Mrs.
Spurrier's daughter outside the front door. Remained outside the
house until 2.35, when Tolputt and Wilson left. Was speaking to
Sergeant Butcher at the time they left. They went through South
Street and up High Street. Witness returned to the hotel and saw
that the lights were all put out and the front door locked. That was
at 2.55.
Cross-examined by Mr. Minter: I know that Mrs. Spurrier keeps the
house open at night for the accommodation of travellers coming by
the boat train. I don't know much about the house as I have not had
that beat for over three years. As a matter of fact the boat train
should have arrived at 12.30, bit I cannot say whether it was late.
I have no doubt that the two strangers and the boy were going away
by the boat that leaves at 5 a.m. I was not told that the boy was
vomiting because he had smoked a cigar, and, not being used to it,
it had made him ill. I did not make any charge against Mrs.
Spurrier's daughter for being there after hours because I had no
idea she was the married daughter. Knew that Mrs. Spurrier had a
married daughter or daughters, but did not know that the lady I saw
was one of them. Mr. Tolputt had not his boots off. That I swear
most positively. I stood close to him and took particular notice.
Could not see Wilson's feet as he was standing at the other side of
the table. I am quite certain that the boy was drunk, but of course
I do not know whether he had anything to drink at the Alexandra.
P.C. Lilley gave corroborative evidence. In cross-examination he
said that he did not know what became of the boy except that one of
the strangers came and took him away. Nothing was said to him about
a cigar. He was not aware that Tolputt has a room in the hotel. He
had often seen him there at two or three in the morning, but that
was two years ago when he used to lodge there. He only knew by
report that Mr. Tolputt did not live there now.
P.S. Butcher proved the service of the summons and in
cross-examination by Mr. Minter said that he knew as a matter of
fact that Mr. Tolputt used to live there. When he saw him with
Wilson on the date in question it was about 2.40. He should say that
they were both sober.
This concluded the evidence for the prosecution.
Mr. Minter said that before calling witnesses he should put it to
the Bench that there was not a tittle of evidence to support the
charge of permitting drunkenness. He should like the instructions of
the Bench on that point before going any further.
The Chairman: Don't proceed with that matter.
Mr. Minter: Very well, your Worships. The charge is withdrawn, and
if I may say so, very properly withdrawn. Then my duty becomes
light, because I only have to answer the charge of keeping open
during prohibited hours. I don't conceal from myself that there is
one difficulty I have to meet, and that is the fact that Mrs.
Spurrier has twice before been convicted of a similar offence, but
with all respect I should urge that the Bench should dismiss that
entirely from their minds and act only on the evidence which has
been and will be laid before you. What is the evidence? I need
hardly say that it is a very difficult thing to conduct a public
house or hotel without falling into some of the traps which are set.
There are many persons who try to get in at all hours, on all sorts
of pretences, and there are bona fide travellers who are entitled to
go in. Fortunately the evidence of the police officers themselves
disposes of the charge, for they admit that the three strangers were
bona fide travellers, and produced tickets from London to Paris.
Mrs. Spurrier has for the last twenty years kept her house open for
the accommodation of travellers coming by the boat train, and there
is no doubt that she has a perfect right to do so. The charge of
permitting drunkenness has been dismissed, but I would just refer to
it to say that this whole prosecution is the result of
overzealousness on the part of the Superintendent of Police, who
evidently said to himself “This charge of permitting drunkenness
will help to bolster up and colour up the other part of the case,
and even if I don't get a conviction on that charge it will
influence the minds of the Bench and a penalty will be imposed”.
What I have got to meet is the charge of supplying Tolputt and
Wilson during prohibited hours. But as a matter of fact they would
prove that Mr. Tolputt was a lodger in the house, and that Mr.
Wilson was there as his invited guest to spend the night with him.
Even the police sergeant admitted that he knew Mr. Tolputt was a
lodger in the house.
The Superintendent of Police: Excuse me; he said that he knew he had
lived there some time ago.
Mr. Minter: No, Sir, I shall not excuse you. I don't want you to
address any remarks to me, or to interfere in any way.
The Superintendent: This is a police prosecution and I am the
prosecutor.
Mr. Minter: Then if you have anything to say, address yourself to
the Bench, and not to me. I put it to the Bench that Sergeant
Butcher distinctly said, in answer to my question, that he knew Mr.
Tolputt was a lodger at the hotel. It is all very well for the
police to come here and make charges against people, but we have had
a fair sample of police evidence all over the country lately. The
fact is that the Superintendent has been spurred into activity by
things which have been said and have been reported in the papers,
suggesting that he does not do his duty. I don't agree with that
statement, for I think we have an excellent officer. But just
because of a little outside clamour, he must not pounce on my client
or any other person and move heaven and earth to get a conviction.
It comes to this: Do we live in a free country or do we not? Is it a
crime for Mr. Tolputt to have two or three residences or to invite a
friend to spend the night with him? Because Mr. Tolputt chooses to
be erratic in his movements, is that a reason why Mrs. Spurrier
should be dragged here on a charge of breaking the law? There is no
police law in the Kingdom to prevent a man coming out from his
lodgings at three o'clock in the morning, or from bringing his
friend with him. Mr. Tolputt hires a room at the hotel, and, as I
shall prove to you presently, he has slept there over three hundred
times in the last two years. Whether the proceedings of Mr. Tolputt
and his friend are exactly wise is not a matter for the Bench. You
have nothing to do with their morals, and no right to interfere with
their freedom of action. I shal now call witnesses who shall prove
to you that Mrs. Spurrier is not guilty of the offence which is
charged against her.
Arthur Tolputt, examined by Mr. Minter, said: I am of no occupation.
I rent a room at the Alexandra and have done so for the last three
years. About two years ago I lived there altogether. Have since
changed about a good deal, but have always kept the room and paid
for it, and I can sleep there whenever I like. Sidney Wilson is a
companion of mine, and I often invite him to sleep with me at the
Alexandra. I did so on the 12th instant. During the last three
months we have slept together about two or three times a week.
Wilson has not been there since the 12th. We went in about five
minutes to eleven, took off our boots and went up to bed. We partly
undressed, but hearing some fellows come into the hotel we altered
our minds and went downstairs again. Wilson was partly undressed as
well as myself. The strangers were jockeys who were going to Paris
and we sat a long time and talked with them about horses and racing.
The boy certainly had no drink in the house. I gave him a cigar –
rather a strong one, perhaps – it was an Intimidad. When the
strangers left Mrs. Spurrier locked up the house and went up to bed.
Wilson and I got halfway upstairs and then we thought we wouldn't go
to bed at all, but would go for a stroll and then go and see the
fellows off by the boat. I asked Mrs. Spurrier for the key,, but she
said she wouldn't trust us with the key, and if we went out she
wouldn't come down and let us in again. She advised us to go on to
bed. I told the Boots before he left for the night to go up to my
other lodgings the first thing in the morning and bring me a clean
shirt.
By the Chairman: I pay rent for the room all the year round, and
have the sole right to use it whenever I like.
By the Clerk: The men were going by the boat at 5.30, and they had
to sit round at the station and wait. That was why they stayed so
long at the Alexandra, because they didn't want to be out in the
cold.
Sidney Wilson corroborated the evidence given by Mr. Tolputt, and
swore positively that they had both taken their boots off.
Frank Rogers (Boots at the Alexandra) said that when he left the
hotel at 11.15 Mr. Tolputt and Mr. Wilson were there, and they had
both taken their boots off. Mr. Tolputt told witness to fetch him a
shirt and tie from 10, Gloucester Place, as he should want them in
the morning. He had been at the Alexandra about eight weeks, and
during that time Mr. Tolputt had always had a room there. When he
went for the boots next morning he found they were not there. He
spoke to Mrs. Spurrier about it, and she said that as the gentlemen
had gone there was no need for him to go to Gloucester Place.
Ada Helmore said that she was the wife of George Helmore, and
daughter of Mrs. Spurrier. She did not live at the hotel, but was
there on a visit on the 12th. She knew that Mr. Tolputt had a room
at the hotel, and he came in with Mr. Wilson about eleven o'clock
that night for the purpose of sleeping there. The servants had gone
to bed and she lit a candle for them herself. They went to bed, but
she came downstairs again and stayed there until the other gentlemen
came. After they went we locked the bar and the front door and went
to bed. She afterwards heard Mr. Tolputt asking her mother for the
key, but she refused it and said she would not go down again. As
they were determined to go out witness went down and undid the door
for them.
Mrs. Spurrier was then called and gave evidence to the same effect.
In reply to Mr. Minter, witness said that Tolputt and Wilson were
quite sober – in fact they had never been more sober. (Laughter)
Mr. Minter: I only asked you about the 12th. Don't go into any other
days, please. (Laughter)
The witness said that for 21 years she had sat up for the purpose of
accommodating passengers by the last train, and her husband had done
so before her. The boy had some supper at the hotel, but certainly
nothing to drink. She saw Mr. Tolputt hand the cigars round and the
boy took one, although his friend advised him not to smoke. He
became very sick and she said “Take him to the front door – that
will do him good”. Her daughter took him into the air and asked if
she should fetch him a glass of water.
Is it a fact you were asked by Mr. Tolputt for a key?
Yes. He said “Madame, we're going out and I want the key”.
Did you let him have it? – Certainly not. Give him the key indeed!
When they were determined to go out I called my daughter and she let
them out. Mr. Tolputt has slept at the house three or four times
since the 12th.
By Mr. Wightwick: He pays me 6s. a week for the room whether he uses
it or not. He pays me every Saturday. The room is his to come and go
as he likes, and there are a good many of his things there. The
ordinary price of a room for a single night would be 2s. 6d., or
rather more if it was a large room.
The Chairman said that the Bench were unanimously of opinion that
defendant was Guilty of the charge, and she would be fined £5 and
16s. costs. They had very seriously considered whether it was not
their duty to endorse the licence, but had decided that on that
occasion they would not do so. But if the defendant appeared before
them again the licence would certainly be endorsed, and she knew
what that meant.
Mr. Minter: With great respect to the Bench, we shall appeal, and I
should be glad if the Bench would give me the grounds on which they
have arrived at their decision. Did thye punish Mrs. Spurrier on
account of the three bona fide travellers in the house, or –
The Chairman: We have given our decision, and have no more to say.
Mr. Minter: But we are criminals, and surely we are entitled to know
whether you mean by your decision to brand the five respectable
witnesses I have called before you as conspirators and perjurers.
No answer was returned and the next case was called.
Arthur Tolputt and Sidney Wilson were charged with being on licensed
premises during prohibited hours on the 12th of November.
The evidence was exactly the same as in the last case, and Mr.
Minter (on behalf of the defendants) said that he was quite willing
to facilitate matters by having the depositions read over. This
having been done, Mr. Minter said he would only detain the Bench a
very few minutes. The matter was a most serious one, for the Bench
had disregarded the evidence of five respectable witnesses –
witnesses as much entitled to credence as any person in that court.
If they did not mean to brand them as perjurers, what was the
meaning of their decision? He should show them how that decision
would operate in the case of Mr. Tolputt. He and his friend would
sleep in the same room that night, and he gave the Superintendent
notice of that publicly. If what had been done so far was right it
was the duty of the Superintendent to bring them before the Bench
again and again, and it would be the duty of the Bench to punish
them again and again, and so they might go on ad infinitum. One of
the Magistrates had asked what sum was paid by Mr. Tolputt and what
sum was charged for rooms by the night. But surely the Bench were
not going to adopt a theory like that. Mr. Tolputt engaged the room
for a permanency, whether he used it or not, and Mrs. Spurrier
charged what she thought proper, as she had an undoubted right to
do. If the Bench convicted the defendants they would be stamping
five respectable people as deliberate perjurers, for it meant that
and nothing else. Surely they were not going to say that simply
because it was a public house case. He said, with all respect, that
the matter amounted to a farce, but the responsibility rested with
the Bench, and he must leave the matter in their hands.
The Chairman, after consultation with his colleagues and the Clerk,
said: Mr. Arthur Tolputt, with regard to the charge against you, the
Bench has rather a doubt whether you are a bona fide lodger or
whether you are not seeking to evade the law. However, there is the
doubt, and as is usual in all cases of doubt, we give you the
benefit of it. The case against you will be dismissed.
As regards the case against Wilson, there is not the slightest doubt
that he was on licensed premises during prohibited hours, and we
shall therefore fine him 20s. and 12s. costs, or in default fourteen
days' imprisonment.
The money was immediately paid.
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Folkestone Chronicle 3 December 1887.
Saturday, November 26th: Before Major Poole, Surgeon Major
Gilbourne, Alderman Banks and W. Wightwick Esq.
Mrs. Spurrier was summoned for having, on the 12th November, kept
her house, the Alexandra Hotel, open at a prohibited hour, and that
she did also, on the same occasion, encourage drunkenness upon her
licensed premises.
Mr. Minter appeared for the defendant, who pleaded Not Guilty.
P.C. Dawson was the first witness called. He stated that on the
night in question he was on duty with P.C. Lilley in the
neighbourhood of the Alexandra Hotel about two o'clock. He heard the
sound of voices proceeding from the Alexandra Hotel, in consequence
of which he and Lilley went across to the hotel and listened. When
they got up to the house they observed a lad, of about 16 years of
age, standing outside, vomiting, and, to all appearances, drunk.
Witness tried the front door of the hotel; it was not locked.
Leaving Lilley outside with the boy, witness went in and entered a
room on the right hand side of the passage. He there found two
gentlemen who were strangers to him; also Mr. Arthur Tolputt, Mr.
Sidney Wilson and Mrs. Spurrier. There were five or six glasses on
the table. They had contained liquor, and when witness entered,
Tolputt was in the act of drinking. Spoke to the strange gentlemen
and asked them who was in charge of the boy outside. One of them
answered “I am”, and witness told him he had better go outside and
take care of him, or else he would have to take him into custody.
Having heard that they were travellers, witness asked him whether he
had any tickets about him. He answered in the affirmative and
produced two – one for the boy and the other for himself. He then
asked the other strange gentleman if he had a ticket, and he
produced one immediately. All the tickets were from London to Paris.
When witness commenced to speak to Tolputt and Wilson with respect
to them being on the premises, Mrs. Spurrier interrupted and said
they were two gentlemen who were staying at her hotel. Witness then
went outside and reported the circumstances to Sergeant Butcher.
In cross-examination by Mr. Bradley, the Magistrates' Clerk, the
witness proceeded to state that no-one followed him out of the
house. He only saw Mrs. Spurrier's daughter standing outside the
door. Witness remained outside the house until 2.35, when he saw
Tolputt and Wilson leave. He was speaking to Sergeant Butcher at the
time. Witness followed them through the passage in South Street and
saw them go up High Street. The last person who left the hotel was
at five minutes to three. No-one entered the house until six o'clock
in the morning.
Cross-examined by Mr. Minter: Had heard that Mrs. Spurrier kept her
house open for the reception of passengers who arrived by the night
train and waited to go over by the early morning boat. There was a
late train at Folkestone between twelve and half past. Did not
notice one about a quarter to one o'clock. The boat left for
Boulogne about half past five in the morning. Had no doubt that the
strange gentlemen that he saw were passengers by that boat. They did
not tell witness that the boy who was vomiting outside the house was
doing so in consequence of having smoked a cigar which was too
strong for him, and not being accustomed to smoking, it had made him
sick. Would swear that. Aw Mrs. Spurrier's daughter outside the
door. The reason why witness did not complain of her being there was
because she lived there. Considered she had more right there than
the defendants. When witness saw Tolputt he did not have his boots
off. Would swear it. Could not see Wilson's feet; he was sitting the
other side of the table. It was five minutes past two o'clock at
that time. On his oath he would swear that Tolputt had his boots on.
Did not know Mr. Tolputt had a room at the Alexandra Hotel. Was not
accustomed to that beat. Had only been on it once before for three
years. Knew very little about the house. Would not take Tolputt and
Wilson to be drunk.
By Mr. Bradley: They had the appearance of people who had been
drinking. Knew where Tolputt lived.
P.C. Lilley deposed to being in company with the last witness on the
night in question, and also to seeing the boy outside of the
Alexandra Hotel vomiting. Witness would have taken him to be very
drunk. Dawson tried the door and as it was unfastened he entered,
leaving witness outside. Witness took charge of the boy until Dawson
came out with a man, who took the boy in. Stayed there until five
minutes to three, and saw Tolputt and Wilson leave. They went
through South Street and up High Street.
By Mr. Minter: Did not know where the boy went to; the man took hold
of him. They did not tell him that the boy had been smoking and had
made himself sick. Did not go into the house. Had been on that beat
several times. Did not know Mr. Tolputt had a room at the hotel. He
had seen Mr. Tolputt in the house before, more especially three
years ago.
Sergeant Butcher here proved having served the summons on Tolputt
&c.. In answer to Mr. Minter, said he knew that Mr. Tolputt used to
live at the Alexandra Hotel.
This was the case for the prosecution.
Mr. Minter then addressed the Bench, and, in a very able defence
said, as regarded the charge of permitting drunkenness on the
premises, he considered it had absolutely failed, there being no
evidence whatever in it's support. He supposed the Bench would
dispose of that case first.
After a short consultation, Major Poole said that the Bench had
decided not to proceed with that case and it would be dismissed.
Mr. Minter then proceeded to state that he wished to be fair, and
would tell them that the defendant had been convicted twice before.
As regarded the boy outside the house, it was a fact that someone
had given him a cigar, which he smoked, and it had made him ill. The
hotel was open to travellers every night. As regarded Tolputt and
Wilson, they had a perfect right there. Sergeant Butcher had told
them that he knew Tolputt hired a room and lived there.
Supt. Taylor said the Sergeant did not say anything of the kind.
Mr. Minter said it was nothing to do with the Superintendent what he
said. He would not be interrupted by him.
Supt. Taylor remarked that he was the prosecutor in this case.
Mr. Minter: Then address yourself to the Bench.
Supt. Taylor: Then I will do so. I say Sergeant Butcher did not say
Mr. Tolputt lived at the hotel.
Mr. Minter, having further addressed the Bench at some considerable
length, concluded by saying that if the Magistrates convicted Mrs.
Spurrier they would mean that those witnesses who had given evidence
that day had conspired together to commit perjury.
Arthur Tolputt was then called, and stated that he was of no
occupation. He had a room at Mrs. Spurrier's hotel, and had it for
about three years. Some three years ago he lived there altogether.
Since then he had changed about, but still retained his room at the
Alexandra. Wilson was his companion. He invited him to spent the
night at the hotel with him on the 12th of November. For the last
three months Wilson had slept at the hotel with him on an average of
two or three times a week, and occasionally before – not very often.
He still had a room at the hotel. Had occupied it several times
since the 12th of November. He went into the hotel on the night in
question with Wilson about five minutes to eleven. Soon after they
got in, witness took off his boots and went upstairs and partly
undressed. Upon hearing some people come in, he and Wilson went
downstairs and had a talk to them. He gave the boy a cigar; it was a
strong one and made him sick. When the men went, Mrs. Spurrier
locked up, and afterwards he asked her for the key of the front
door. He told her he was going to see those fellows off by the boat.
She said “If you go out you shall not come in again”. She would not
come down with the key. One of the girls came down and let them out.
Before the “Boots” left the hotel he told him to go to his other
lodging and fetch him a clean shirt and neck tie. That was about ten
minutes past eleven.
In answer to Major Poole, the witness said he paid rent for the room
and could go there when he liked.
By Mr. Bradley: Paid his rent by the week. His lodgings were at 10,
Gloucester Terrace.
Sidney Wilson, who stated that he was of no occupation, deposed that
he was the friend of Mr. Arthur Tolputt, who had had a room at the
Alexandra Hotel for upwards of three years. Witness had been in the
habit of staying there with him. Went there on the 12th of November
by his friend's invitation. They both went to their room soon after
they got in, and if it had not been for the men coming in they would
have gone to bed. After the men had gone, he and Tolputt thought
they would go and see them off. Heard Tolputt ask for the key, which
he was refused. He said he wanted to go down to the harbour. She
advised them to go to bed, but they had determined to go out, and
did so.
By the Clerk: They both took their boots off upstairs, and put them
on again when they went out.
Frank Rogers stated that he was “boots” at the Alexandra Hotel. He
saw Tolputt and Wilson there on the 12th November. Witness left
about quarter past eleven o'clock. Both their boots were off then,
and Tolputt asked him to go up to Gloucester Terrace and fetch him a
clean shirt for the morning. Witness had been at the hotel for eight
weeks, and Tolputt had had the room ever since he had been there.
Did not fetch the shirt the next morning because Mrs. Spurrier told
him that Mr. Tolputt had gone.
By the Clerk: Tolputt slept at the hotel two or three times a week.
Mrs. Ada Helmore, a married daughter of Mrs. Spurrier, said she was
staying at the hotel as a visitor on the 12th of November. Knew Mr.
Tolputt had a room at her mother's hotel. On the night in question
he came in for the purpose of staying there. The servants had gone
to bed and she lighted the candles herself. Mr. Tolputt had his
friend, Mr. Wilson, with him. It was soon after 11. They had taken
their boots off, and went downstairs again when they heard some
travellers come in, who had arrived by the midnight train.
Mrs. Spurrier stated that she kept the Alexandra Hotel. Mr. Tolputt
had a room at her house. He had had it for three years. He was in
the habit of having Wilson to stay there with him. On the night of
the 12th inst. he came to her house for the purpose of staying there
with Wilson. They took their shoes off, and went up to bed soon
after 11. They were quite sober. Witness sat up for the last train
to receive travellers going over by boat. She had done so for the
past 21 years. On this occasion three travellers came. They were
going to Paris. The boy did not get anything to drink in her house.
When Tolputt came downstairs she saw him give the boy a cigar. It
seemed too strong for him, and as he came over very pale, witness
told them to take him out of the front door to the air, as it might
do him some good, and witness's daughter took him out. When the
travellers went, witness locked up the house and went upstairs to
bed. When she got upstairs she heard Tolputt say “Madame, I want the
key of the front door”. Witness said if he went out she would not
let him come in again. Tolputt had slept at her house two or three
times since the occurrence.
By the Clerk: Tolputt came to the house about 11 o'clock with
Wilson. They went to bed soon after, but came down again. Did not
know whether they had anything to drink – they might have had a
glass of ale. Tolputt paid her six shillings every week for the use
of the room.
After about ten minutes' consultation with the Clerk and the other
Magistrates, Major Poole said the Bench were unanimously of opinion
that the defendant was Guilty of the offence, and she would be fined
£5 and 16s. costs, or, in default, one month's imprisonment. He
would like to add that they had been considering whether it was not
their duty to endorse the licence. If she ever came before them
again the licence would be endorsed.
Mr. Minter thought the judgement was somewhat extraordinary. He
would like to ask them the reason for their judgement.
Major Poole said the Bench were perfectly justified in giving their
judgement. Mr. Minter could take any course he liked.
Mr. Minter said he should appeal, by the wish of his client.
Arthur Tolputt and Sidney Wilson were then summoned for being on the
premises on teh 12th November during prohibited hours.
At the suggestion of Mr. Bradley the evidence in the former case was
read over, instead of repeating it.
Mr. Wightwick (to Mrs. Spurrier): What is the price generally
charged for a single bed at your house?
Mrs. Spurrier: Half a crown, and sometimes a little more.
Mr. Wightwick: You say you sometimes let a bed for more than 2s.
6d.?
Mrs. Spurrier: Yes.
In addressing the Bench for the defence, Mr. Minter said if the
Bench convicted the defendants they would mean that those five
witnesses were guilty of conspiring together for perjury. Did they
say that? Mr. Tolputt and Mr. Wilson were going to sleep at the
Alexandra Hotel that night. They would occupy the same room that
night, and if the Bench convicted the defendants it would be the
duty of the Superintendent of Police to go there and bring them up
again. The fact of the matter was the Bench said “You, Mr. Tolputt,
shall not go there at all, and you, Mr. Wilson, shall not accompany
him”. There was the evidence before them. They were charged with
being on licensed premises at a prohibited hour, not being bona fide
travellers or lodgers, but the evidence showed clearly that Tolputt
was a lodger, and who was to prevent him taking a friend with him to
his room if he chose to do so? One of the Magistrates had asked what
price was charged for the room. Surely they were not trying to make
out that Mrs. Spurrier was telling a lie because she said she let
the room to Mr. Tolputt for 6s. a week and charged another person
2s. 6d. a night more? Surely such a decision never would be given.
Again he would remind them that Tolputt and Wilson would occupy the
room that night, and, if they were guilty of the charge brought
against them, it was the duty of the police to bring them up again
next Monday.
Major Poole said as regarded the charge against Tolputt the Bench
entertained some little doubt as to whether he really was the
occupier of the room, and, as the Bench always did, they would give
him the benefit of the doubt and dismiss the charge against him, but
they had agreed that Wilson was Guilty, and he would be fined £1 and
12s. costs, or 14 days' imprisonment.
The money was paid, and the case then terminated.
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Folkestone Express 3 December 1887.
Saturday, November 26th: Before H.W. Poole Esq., Surgeon General
Gilbourne, and W. Wightwick Esq.
Caroline Spurrier of the Alexandra Hotel was summoned for having her
house open during prohibited hours on the 12th November, and also
with permitting drunkenness in the house on the same day.
Mr. Minter appeared for the defendant.
P.C. Dawson said: About two o'clock on the 12th November I was on
duty with P.C. Lilley at the bottom of High Street, and heard voices
in the direction of the Alexandra Hotel. We went to the hotel. We
found a youth, 15 or 16 years of age, outside. He was very drunk,
and vomiting. He could not stand. We tried the front door of the
hotel. It was not locked. I went inside, and in a room on the right
I found two strange gentlemen, Mr. Arthur Tolputt and Mr. Wilson,
and Mrs. Spurrier. There were five or six glasses on the table. Two
of them contained liquor, and Mr. Tolputt was in the act of drinking
when I went in. I spoke to the two strangers and asked who was in
charge of the boy outside. One of them said “I am”. I told him he
had better go outside and take charge of him, or I should be obliged
to do so. I asked him if they had tickets, as I understood them to
be travellers. He produced two from London to Paris. The other
gentleman also produced a ticket. I was turning to Tolputt and
Wilson, and Mrs. Spurrier said “They are stopping here”. I said “I
see they are at present”. I saw Mrs. Spurrier's daughter at the
door. I remained outside until twenty five minutes to three, when
Tolputt and Wilson left. I was talking to Sergt. Butcher when they
left. They went up High Street. I afterwards returned to the front
of the Alexandra, and remained there until all lights were out at
five minutes to three.
Cross-examined: I have heard that Mrs. Spurrier keeps her house open
for travellers coming down and going over by the night boat. The
last train down that night came down between twelve and half
past.The boat left at 5.30. I have no doubt that the two gentlemen
and the boy were travellers. They did not tell me the boy was sick
in consequence of having tried to smoke a cigar. Nothing of the sort
was said. I left the boy in charge of Lilley. I did not know Mrs.
Spurrier's daughter was married. Mr. Tolputt had not got his shoes
off. Wilson was on the other side of the table. I am sure Tolputt's
boots were on. I do not know that Tolputt has a room at the
Alexandra. I had only been on that beat once before. Wilson and
Tolputt had the appearance of having been drinking, but they were
not drunk.
By the Clerk: They had the appearance of having been drinking. Mr.
Wilson, I understand, lives at Clifton Gardens. Mr. Tolputt, I
believe, resides at the East Kent Arms.
P.C. Lilley gave corroborative evidence.
Cross-examined: The boy was taken into the house. They did not tell
me he had been smoking a cigar, and got sick. I have been several
times on this beat. I did not know that Mr. Tolputt had a room at
the Alexandra. About two years ago I saw him there at two o'clock in
the morning. I knew he was living there then.
Sergeant Butcher said he served the summons upon Tolputt in the
street.
Cross-examined. I know he used to lodge at the Alexandra. I saw him
with Wilson on this particular night.
The Bench decided that there was no evidence to support the charge
of permitting drunkenness.
Mr. Minter said he did not wish to conceal the fact that Mrs.
Spurrier had been twice convicted of a similar offence, but he
appealed to the Bench to dismiss that knowledge from their minds in
dealing with that case. He referred to the pitfalls and difficulties
which beset publicans, no matter how carefully they conducted the
business, and went on to say that Mrs. Spurrier had been in the
habit of keeping open for passengers for the night boats for 20
years. He contended that the case of the boy was only introduced by
the police to give colour and bolster up the case. He supposed the
Superintendent had been spurred into a little activity by what he
had seen in the paper with regard to his not having done his duty.
They had, he said, had pretty good examples all over the county of
police evidence. He admitted that the Superintendent was an
excellent officer, and believed that he did do his duty. With regard
to Mr. Tolputt, he urged that he was living at the Alexandra and had
a perfect right to do so, and to have a friend there to see him.
He called Arthur Tolputt, who said he had had a room at Mrs.
Spurrier's permanently for about three years. Two years ago he
exclusively lived there. Since then he had moved from place to
place, but still kept his room. Sidney Wilson was a companion of
his, and frequently slept with him. He invited him there on the 12th
November. Within the last three months he and Wilson had slept there
two or three times a week. He still kept the room, and had slept
there twice since the 12th inst. On the 12th November they went in
about ten minutes to eleven. He took off his boots upstairs, and
partly undressed. Wilson went upstairs with him, and they were going
to bed. Hearing the people come in, they went downstairs again, and
had a long talk with them. They were jockeys. The boy had nothing to
drink in the house that he saw. He gave him a cigar. He and Wilson
did not go to bed again. The men left about a quarter to three. He
and Wilson went out. Before going out he asked Mrs. Spurrier for the
key of the front door. She refused to let him have it, and said if
they went out they should not come in again. Before he went to bed,
he told the boots to go to his lodgings and get a clean shirt and
necktie for the morning. They did not go to the boat.
By the Bench: I pay rent for the room all year round. I pay by the
week.
By Mr. Bradley: I have lodgings at 10, Gloucester Terrace. The men
left at a quarter past three. The boat started about half past five.
They were going to wait at the harbour.
Sidney Wilson said he knew that Tolputt had a room at the Alexandra.
On the 12th he went there with the purpose of staying the night with
him. It was a fact that they took off their boots to go to bed, but
altered their minds and came down again.
By the Clerk: We both put our boots on again before we came down.
Frank Rogers, boots at the Alexandra, said when he left at a quarter
past eleven both Tolputt and Wilson had their boots off. Tolputt
told him to go to 10, Gloucester Terrace and get him a clean shirt
for the morning. Mr. Tolputt had slept there three or four times a
week sometimes.
Ada Helmore, daughter of Mrs. Spurrier, said she was staying at the
Alexandra Hotel on the 12th November. She knew Mr. Tolputt had a
room there and that he came there on the 12th with Wilson to sleep.
She lit the candle. They took off their boots before they went
upstairs. When the travellers came in Wilson and Tolputt came down
again.
The defendant then gave evidence. She said Mr. Tolputt had had a
room at her house for more than three years. Wilson very often
stayed with him. On the 12th November he went there for the purpose
of staying. They took off their boots and went up to bed. They were
quite sober – never more so. (Laughter) She always sat up for
travellers by the late train. The police knew it was her custom. The
boy had not been drinking. Mr. Tolputt gave him a cigar and it made
him sick. She sent him to the front door with her daughter.
By the Clerk: Tolputt pays me 6s. a week. He generally pays every
Saturday.
The Chairman (Mr. Poole) said: The Bench are unanimously of opinion
that you are Guilty of the offence with which you are charged – of
keeping your house open during prohibited hours. We shall on this
occasion fine you £5 and 14s. costs, levyable by distress, or a
month's imprisonment. I should also add that we have very seriously
considered whether it was not our duty to endorse your licence, but
we thought this time we would not. Of course, you will perfectly
understand that if you appear again before the magistrates your
licence will be endorsed, and I do not need to tell you what the
consequence of that will be.
Mr. Minter, having consulted with his client, said, with great
respect to the Bench, he should appeal against the decision, and
asked the Bench whether they would state the exact ground on which
they had based their decision.
The Magistrates declined to do this, telling Mr. Minter he must take
whatever course of action he thought fit.
Arthur Tolputt and Sidney Wilson were charged with being on licensed
premises, the Alexandra Hotel, not being either lodgers or bona fide
travellers, during prohibited hours.
Mr. Minter, before the case was gone into, again addressed the
Bench. He said it was something very serious to find the Bench, if
he was correct in his opinion, determining to disregard the evidence
of five witnesses against whose respectability he knew nothing. Were
they going to convict Mrs. Spurrier, those two young men, and Mrs.
Spurrier's daughter of having deliberately conspired together to
commit perjury? If they were not prepared to say that, they must
dismiss the case. He pointed out that if the did convict the
defendants, to be consistent they must do the same next week, and
warned the Superintendent that Mr. Tolputt would be at the Alexandra
that night with Mr. Wilson, and he must summon them, and the Bench
must go on convicting them ad infinitum. Surely they had no right to
say a man should not live where he liked.
The evidence having been read over, the Chairman said the Bench,
with regard to Mr. Tolputt, had doubts whether or not he was evading
the law or whether he was a bona fide lodger, and, as they always
did in cases of that kind, they gave the defendant the benefit of
the doubt, and dismissed him. With regard to Wilson, they had not
the slightest doubt that he was Guilty, and he would be fined 20s.,
and 12s. costs.
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Holbein's Visitors' List 22 February 1888.
Local News.
On Monday evening, while the Salvation Army was passing, the large
lamp outside the new Prince Albert Hotel fell with a crash on the
pavement. This is the second large lamp that has fallen in
Folkestone; the last one was that outside the Alexandra Hotel about
two years ago. For my part I shall carefully avoid walking under
these things in future. It's not worth the risk.
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Folkestone Express 14 June 1890.
Auction Notice.
Preliminary.
Folkestone.
To Brewers, Licensed Victuallers, and Others.
Messrs. John Hart Bridges and Sons are favoured with instructions
from the owner to Sell by Auction.
At the Rose Hotel, Folkestone, on Tuesday, July 8th, 1890, at Three
o'clock prompt, that Important Freehold Wine and Spirit
Establishment
Known as The Alexandra Hotel, prominently placed in close proximity
to the Harbour, Pier, and Station (with possession on completion of
purchase)
Further particulars will appear next week.
Auction Offices:
20, Hart Street,
Bloomsbury Square.
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Folkestone Express 21 June 1890.
Auction Advertisement.
Folkestone.
To Brewers and Hotel Proprietors.
Improving Freehold Investment in Fully-licensed Premises, with
possession on completion of purchase.
John Hart Bridges & Sons will sell by Auction at the Rose Hotel,
Folkestone, on Tuesday, July 8th, 1890, at Three o'clock prompt, the
exceedingly valuable Freehold Property, known as the Alexandra
Hotel.
Situate at the approach to the beach, and having a commanding
frontage at the corner of Harbour Street and Beach Street, at close
proximity to the junction of several important thoroughfares, and
immediately facing the Harbour, Quay and Station, now and for many
years past in the occupation of Mrs. Campbell.
N.B. The Auctioneers beg to draw attention to this genuine property.
It's position for business is quite unique, and to Brewers it
affords an opportunity of securing a beer trade of importance, in
addition to an adequate rental, whilst to an intending proprietor it
offers the now rare chance of acquiring a compact Free hotel with an
exceptionally profitable counter trade.
Particulars and Conditions of Sale may be had of H.B. Bradley Esq.,
Solicitor, Folkestone; at the Alexandra Hotel and place of Sale; and
at the Auctioneers, 20, Hart Street, Bloomsbury Square, W.C.
Note: Who was Mrs. Campbell?
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Folkestone Express 12 July 1890.
Local News.
Sale of the Alexandra Hotel: This well known hotel was offered for
sale on Tuesday afternoon by Messrs. John Hart Bridges and Sons, at
the Rose Hotel. The first bid was £1,500, and the property was
knocked down to a Mr. Spurrier at £2,000.
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Folkestone Express 23 August 1890.
Saturday, August 16th: Before The Mayor, Capt. Carter, Aldermen
Pledge and Dunk, J. Fitness, J. Clark, and W.G. Herbert Esqs.
Stephen Barton was charged with being drunk and disorderly in
Harbour Street on the 10th of August.
P.C. Dunster said the defendant, with several others, was near the
Alexandra Hotel, very drunk. He asked defendant to go away, but he
declined, and asked his companions to go to the back of the
Alexandra to get a drink. He used bad language and refused to go
away with his companions. He told witness he had been in public
houses many a night playing nap with the Superintendent and the
Sergeants.
Defendant replied that this was “a pack of lies”. He told Dunster he
was drunk in the Granville, and Dunster replied that he was a
“----fop”. He denied that he was drunk; the constable was more drunk
than he was.
Sergeant Butcher said he saw the defendant in Tontine Street at ten
minutes to eleven, being led home drunk by two young men. Defendant
pushed one of the men against him.
Defendant conducted himself in a most unseemly manner, accused the
police of misconduct and card playing.
There were two recent convictions against the defendant, and he was
fined 10s. and 10s. costs. The Bench refused to allow time for
payment, and he was removed to the cells.
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Folkestone Express 28 May 1892.
Wednesday, May 25th: Before The Mayor, W.G. Herbert and W. Wightwick
Esqs.
Temporary authority was granted to Mr. J.C. Brice, late of Peckham,
to sell at the Alexandra Hotel.
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Folkestone Chronicle 20 August 1892.
Saturday, August 13th: Before Aldermen Sherwood, Dunk, and Pledge,
Councillor Holden and Mr. J. Fitness.
John C. Brice, landlord of the Alexandra Hotel, was charged with
unlawfully keeping his premises open at 10.20 on the morning of
Sunday, July 31st.
Defendant pleaded Guilty, and Mr. Haines, who appeared for him,
asked that he might be leniently dealt with, as he was unacquainted
with the persons whom he served.
P.C. Lawrence said he visited the house of the defendant at 20 past
ten on the day named. The front door was open, and he saw several
men standing in the bar, drinking. Defendant told witness he was
very sorry for what had occurred. The back door of the house was
inadvertently left open, and the men walked in. He served them with
three pints of beer.
The Bench took into consideration the explanation, and imposed a
fine of 50s., and 9s. costs.
The defendant said he would take care the offence did not occur
again.
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Folkestone Express 20 August 1892.
Saturday, August 13th: Before Aldermen Sherwood, Dunk and Pledge, J.
Holden and J. Fitness Esqs.
John Chidwell Brice, landlord of the Alexandra Hotel, was summoned
for having his house open during prohibited hours on Sunday. He
pleaded Guilty.
Mr. Haines appeared for the defendant, and said it was admitted
there were three persons in the house. There were several
excursionists about, and he asked most of them whether they were
bona fide travellers, but unfortunately did not ask the three. There
was no concealment, and when the police went in he at once admitted
that he served the men. The defendant had a 21 years' lease of the
house, and a conviction would be a most serious matter.
P.C. Lawrence said he visited the defendant's house at twenty
minutes past ten and saw a man drinking. The front door was open,
and he went in. The man, whom he knew as a resident in Folkestone,
made for the back door. There were two other Folkestone men there
drinking. Defendant told him the men said they were travellers.
The Bench took a lenient view of the case and fined defendant 50s.
and 9s. costs.
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Folkestone Herald 20 August 1892.
Police Court Jottings.
Landlords – we mean of public houses, not territorial magnates –
should take a warning from the case of Chidwell Brice, of the
Alexandra Hotel, who was summoned by the police for selling drink
during prohibited hours on the Sunday.
He did not deny the breach of the Licensing Act, but pleaded that on
the occasion there were a large number of travellers about, of whom
he made the requisite enquiry whether they were or were not
travellers, but the three men in question came in, and in the hurry
of business he forgot to put the same interrogation to them.
Mr. Haines, who appeared for him, asked for leniency, and this the
Magistrates exhibited by inflicting a fine of 50s. with 9s. costs.
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Folkestone Chronicle 27 August 1892.
Saturday, August 20th: Before Alderman Banks and Messrs. W.G.
Herbert and W. Wightwick.
Frank Care, Frank Lester, and Edwin Bliss were summoned for being on
licensed premises during prohibited hours on the 31st July. They
were in the Alexandra Hotel. All pleaded Guilty to the charge.
P.C. Lawrence deposed that he saw the defendant Bliss drinking a
glass of beer in the hotel on the day named – a Sunday – at 10.20 in
the morning. He also saw the other two defendants with glasses in
their hands, near the back door.
Mr. Wightwick asked if the licence of the landlord had been
endorsed.
Mr. Andrews replied “No, sir”.
Mr. Wightwick: Then it ought to have been.
The Chairman wished it to be known that in the future the Bench
intended to increase the fines in these cases. Instead of 5s. the
defendants would be fined 10s., and in future cases this amount
would probably be doubled. The costs were 9s.
Wednesday, August 24th: Before Mr. J. Clark, Alderman Pledge,
Councillor Holden, and Messrs. J. Fitness, J. Boykett, H.W. Poole
and W. Wightwick.
Annual Licensing Session.
Folkestone Clergymen on Licensing.
Mr. A.H. Gardner said he had been instructed by the Church of
England Temperance Society, not in any spirit of antagonism towards
the Bench, but in order that they might know the Society's views
upon the subject, to put before them a resolution, passed the other
day at the Vestry of the Parish Church, the Rev. M. Woodward
presiding. The resolution was to the effect that the clergymen
representing the various churches in the town, respectfully asked
the Bench not to grant any new licenses, except to private hotels
and restaurants, such to be used for bona fide customers, and not
for bars, etc. He also added that he was particularly urged to ask
the Bench not to grant any additional licenses to grocers, as such
licenses were fraught with very mischievous consequences, inasmuch
as they held out great temptations to women. Mr. Gardner stated that
the clergymen further added that the meeting also desired the Bench
to consider the propriety of refusing the renewal of the licenses of
those persons who had been convicted during the past year, and, in
conclusion, they pointed out the great preponderance of public
houses east of Alexandra Gardens over those west of the Gardens.
The Bench then proceeded with the renewal of the licenses.
Adjournments.
The Superintendent of Police having reported that convictions for
offences against the Licensing Act had been obtained against the
following in the course of the past year, the Bench decided to refer
their applications for renewals to the Adjourned Session, Wednesday,
September 28th: Chidwell Brice, Alexandra Hotel; Burgess, Folkestone
Cutter; A. Mutton, Warren Inn; Laslett, Wonder Tavern; Weatherhead,
Cinque Ports Arms; and Halliday, Wheatsheaf Inn.
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Folkestone Express 27 August 1892.
Wednesday, August 24th: Before J. Clark, Alderman Pledge, W.
Wightwick, J. Fitness, J. Holden, H.W. Poole, and F. Boykett Esqs.
Annual Licensing Day.
Mr. A.H. Gardner said he had been instructed by the Church of
England Temperance Society, presided over by the Vicar of
Folkestone, to appear before the justices. He did not do so in any
spirit of dictation to the Bench, but that they might see the views
of the Society upon the subject, and he would put in a resolution
passed the other day at a meeting held in the vestry, asking the
justices not to grant any new licenses, except to private hotels or
restaurants. It also particularly urged that grocer's licenses were
peculiarly fraught with mischief as giving great facilities to
women. They also thought that the number of licenses, of which there
were 82, should be reduced, especially where there had been
convictions for violation of the law. They did not specially single
out any particular houses, but they thought when there had been
recent convictions, they might refuse the renewal of licenses to
such houses. Further they especially called attention to the
preponderance in the number of houses at the lower end of the town –
there were 79 east of Alexandra Gardens, while there were only three
on the west. Mr. Gardner also referred to the fact that the
magistrates last year refused to renew in English counties 117
licenses, and in boroughs as many as 101.
Adjourned Applications.
The applications in respect of the Folkestone Cutter, the Alexandra,
the Wheatsheaf, the Warren, the Wonder, and the Cinque Ports Arms,
where there had been convictions for breaches of the law, were
ordered to stand over until the adjourned licensing day, Wednesday
the 28th of September.
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Folkestone Chronicle 1 October 1892.
Adjourned Licensing Session.
The Adjourned Licensing Session for the Borough was held at the
police Court on Wednesday morning, on which occasion considerable
interest was evinced in the proceedings by reason of the fact that
the renewal of the licenses of several well known and old
established houses in the town was opposed by the Superintendent of
Police, acting under the direction of the Licensing Committee of the
Bench.
The Magistrates present were Mr. J. Clarke, Alderman Pledge,
Councillor Holden, and Messrs. H.W. Poole and J. Wightwick.
Mr. Martyn Mowll, of Dover, appeared to support the objections of
the police, and Mr. J. Minter and Mr. Hall, severally, appeared on
behalf of the claimants.
At the opening of the Court, the Chairman said, before the business
commenced he wished to make one announcement. It referred to
something which had been done in other towns, and which the
Committee thought it best to do in Folkestone. It was the opinion of
the Committee that there were too many licensed houses in Folkestone,
and they therefore suggested that the owners of the houses should
talk the matter over amongst themselves, and agree as to which
houses it would be best to close. If nothing was done before the
next Licensing Session, the Committee would be obliged to suppress
some of the licensed houses themselves. But if the owners would talk
the matter over amongst themselves and agree upon the houses to be
closed it would save a great difficulty.
The Alexandra Hotel.
John C. Brice, the tenant of the above, made application for the
renewal of his licence.
Mr. Mowll stated that he appeared to support the Superintendent of
Police, under the instructions of the Watch Committee. The police
had given notice of objection to the renewal of this licence on the
following grounds: (1) That the claimant was convicted on the 13th
August of opening the above premises for the sale of intoxicating
liquors during prohibited hours on the 31st July last; (2) That the
licensed premises were not required for the accommodation of the
public. Mr. Mowll pointed out that in no less than five out of the
six cases in which the Superintendent had given notice of
opposition, the tenants of the houses had been convicted for the
same offence, viz., Sunday trading. The Bench would, therefore, see
from this fact that Sunday trading was a class of offence which
required to be suppressed.
With regard to the second ground of objection, he might point out
that within 85 paces of the Alexandra Hotel there were no less than
13 other houses. This fact spoke for itself without any observation
from him.
Sergeant Dawson proved the service of the notice of objection, and
Sergeant Swift deposed to measuring the distances between the
Alexandra and other public houses in the neighbourhood.
Mr. Wightwick asked if the other houses mentioned were within 85
inches of the Alexandra.
Mr. Mowll: No, sir, paces!
Mr. Minter opposed the objection, showing that when the claimant
committed the offence of which he had been convicted he was almost a
stranger to the town and the inhabitants, and therefore was unable
to distinguish between a resident and a traveller, and he rebutted
the assertion that the house was not required by the fact that the
trade of the house had steadily increased ever since the claimant
had occupied it. He pointed out that when the claimant was convicted
the Bench did not think the offence serious enough to endorse the
licence, and this being so, he thought it was a piece of presumption
on the part of the Superintendent to apply to the Bench to refuse
the licence.
Mr. Mowll asked Mr. Minter to read the notice of objection.
Mr. Minter (reading): “By Order of the Justices”. Surely that did
not issue from the Bench. He did not understand that they wished to
adjudge the case, and even if they had caused the notice of
objection to be issued, he was perfectly certain the Bench would
give the matter an impartial consideration. He cordially agreed with
what the Chairman said with regard to a reduction of the number of
the licensed houses in the town, and he had no doubt at all that the
owners would take warning, and next year voluntarily offer to make a
reduction, so at to relieve the Bench from the onus of having to
take away the licenses themselves. But he contended that the
Alexandra was required, and under these circumstances he trusted the
Bench would grant the renewal.
The Magistrates briefly conferred together, after which the Chairman
said the Bench had decided to renew the licence, but they wished the
claimant to understand that it rested with him, as to the manner in
which he conducted the house, whether it would be renewed on a
future occasion.
The claimant promised to attend to this.
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Folkestone Express 1 October 1892.
Wednesday, September 28th: Before J. Clark, J. Holden, W. Wightwick,
H.W. Poole, and J. Pledge Esqs.
This was the adjourned licensing day, and Mr. J. Clark said: Before
the business commences I want to make an announcement. It has been
done in other places, and we consider the same should be done here.
It is the unanimous opinion of the licensing committee that there
are far too many licensed houses in Folkestone, and they would
suggest to the owners of houses that they should talk it over
amongst themselves and agree as to which houses it would be best to
drop. If nothing is done between now and next licensing day, the
magistrates will be obliged to suppress some of the houses in the
town. So if the owners would talk it over among themselves which
houses it would be best to drop, it would save us great difficulty.
The Alexandra Hotel.
Mr. Brice applied for a renewal of the licence of this house. Mr.
Minter supported the application, and Martin Mowll opposed.
Mr. Mowll said there were two grounds for opposition; one that the
holder of the licence had been convicted for selling beer on Sunday,
and the second, that the licensed premises were not required for the
accommodation of the public. He said there were no less than half a
dozen notices of opposition which the Superintendent had served, and
it was a lamentable circumstance that in five out of six of them the
tenants of the houses had been convicted for the same offence,
namely, Sunday trading.
Mr. Minter objected to Mr. Mowll putting on the back of his client
something about somebody else.
Mr. Mowll said he did not, but it was necessary for him to say it
then, in order that he might not have to keep on repeating himself.
As to the second ground of opposition, he said there were within 85
paces no less than 13 other licensed houses. That fact spoke for
itself without any observation from him. He then proceeded to call
evidence.
Mr. Minter admitted the conviction, the formal register being put in
of the fine of 50s. and costs.
P.C. Lawrence put in a list of the various distances of the public
houses from the Alexandra Hotel.
Mr. Wightwick: Is that inches? (Laughter) – No, yards.
Mr. Minter submitted that there were no grounds for refusing to
renew the licence. The house was known to the Bench and was of very
considerable size. Mr. Brice took a lease in April, at £130 a year,
for 21 years. He was formerly a draper, and at the time of his
conviction he had been there three months, so that he was a
stranger, and at Bank Holiday time three men called, who he thought
were strangers, and they were served with a pint of beer each. The
Bench thought the fine of 50s. was sufficient. It was, he thought, a
piece of presumption on the pat of the Superintendent, because if
the Bench had thought the case merited it, they would have endorsed
the licence.
Mr. Mowll referred Mr. Minter to the notice on the objection, “By
direction of the justices”. (Laughter)
Mr. Holden: Not this committee.
Mr. Bradley: In all these cases notices of opposition were directed
to be served.
Mr. Minter said the applicant had been convicted and fined, and he
was sure the Bench would not stultify themselves by saying the man
was not entitled to a renewal of his licence. Every right thinking
man would cordially agree with what had fallen from the chairman as
to the reduction of licenses, and he hoped the owners would
voluntarily agree to a reduction in order that some might be taken
away to the benefit of those that remained. It might be that some of
those other houses within so many inches of the Alexandra were not
required, but it was clear that the Alexandra was required by the
fact that the trade had considerably increased. The house was
conducted admirably in every aspect, and he was instructed to
challenge any statement to the contrary.
The Bench decided to renew the licence, but said it would rest with
him in future to see that the house was properly conducted.
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Folkestone Herald 1 October 1892.
Police Court Jottings.
Considerable interest was manifested on Wednesday in the proceedings
at the adjourned Licensing Meeting for the Borough as the Licensing
Committee had instructed the police to serve notices of six
objections. Mr. Mowll, of Dover, appeared to support the police in
their opposition by instruction of the Watch Committee.
The Chairman, Mr. J. Clark, at the outset said it had been suggested
that the same plan adopted elsewhere should be pursued there. It was
the unanimous opinion of the Licensing Committee that there were too
many licensed houses in Folkestone and they would suggest that the
owners of licensed houses should talk it over among themselves and
agree, before the next annual meeting, which houses should be
dropped out. The Licensing Committee felt compelled to suppress some
of the houses in the town, and if the owners would carry out that
suggestion it would do away with a great difficulty and relieve the
Magistrates of an invidious task.
The licence of the Alexandra Hotel (tenant J.C. Brice) was first
objected to by Mr. Mowll on account of a recent conviction for
Sunday trading, and secondly on the ground that it was not needed
for the accommodation of the public. Mr. Minter appeared for the
tenant, and pointed out that if the Bench refused to renew the
licence, they would be stultifying a previous decision where the
tenant was convicted, and it was decided not to endorse the licence.
He agreed that the number of licensed houses required to be reduced,
and he had no doubt the owners would follow the suggestions of the
Magistrates, and so release them of the onus of having to take away
any licenses.
The Bench decided to grant the renewal, but warned the landlord that
any future renewal would, in a great measure, depend upon the way in
which he conducted his house.
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Folkestone Chronicle 19 May 1894.
Local News.
We regret to have to announce the almost sudden demise of Mr. C.J.
Brice, the well known proprietor of the Alexandra Hotel, Harbour
Street. The sad event occurred on Monday morning about six o'clock.
The deceased gentleman, it may be remembered, broke his leg some
three or four months ago, and he had never quite recovered from the
shock. On Sunday morning he was seized with a stroke of paralysis on
the left side, rendering him quite unconscious, in which state he
continued until his death. Mr. Brice, who was much liked by those
who knew him for his genial and unostentatious disposition, had been
in business in the town about two years, and was deservedly
respected. He leaves a widow and a family.
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Folkestone Chronicle 7 June 1895.
Local News.
At the Borough Police Court on Wednesday the licence of the
Alexandra Hotel was transferred to Mr. Hertslet, son of Sir William
Hertslet.
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Folkestone Express 8 June 1895.
Wednesday, June 5th: Before C.J. Pursey and W. Wightwick Esqs.
The licence of the Alexandra Hotel was transferred to Mr. B.
Hartslet.
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Folkestone Chronicle 5 September 1896.
Thursday, September 3rd: Before Messrs. J. Fitness, J. Pledge, and
Col. Fynmore.
Edward Charles Plaistow was charged with obtaining £8 by means of
false pretences from Gerald Spencer Hertslet on August 21st.
Prosecutor stated that he was in partnership with his brother as
proprietors of the Alexandra Hotel, Harbour Street. He had known
prisoner as a customer for about six weeks. He came into the bar on
21st August about half past seven in the evening. He asked witness
to change a cheque for him. He said he was staying with Mr. Kemp,
who would change it, but that he had no banking account. Witness
agreed to change the cheque. Prisoner drew a cheque on the London
Bank, signing it Edward Charles Plaistow. The endorsement in the
cheque was in the handwriting of witness's brother and partner. He
gave prisoner £6 10s. in change, all he had at the time, and the
balance on the Sunday. Prisoner said the cheque was all right.
Prisoner had a banking account at the National Provincial Bank in
his brother's name. Witness received the cheque from his brother on
26th, and saw it was endorsed “Account Closed”. On 24th August,
prisoner asked witness to cash another cheque, but he told him the
other had not gone through, and of course he would not cash another
until that was cleared. Witness knew prisoner was lodging at 17,
Dover Street.
Prisoner was remanded until Wednesday next.
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Folkestone Express 5 September 1896.
Thursday, September 3rd: Before J. Fitness, J. Pledge, and R.J.
Fynmore Esqs.
Edmund Charles Cranston was charged with obtaining £8 by means of
false pretences from Mr. Hertslet, of the Alexandra Hotel.
Prosecutor said he was in business with his brother. Prisoner, who
he knew as a customer for six weeks, went to the bar of the hotel
about half past seven in the evening on August 21st, and asked
witness to change a cheque for him. He said he was staying with Mr.
Kemp, who would have cashed it, but he had not a banking account.
Witness then cashed the cheque, which prisoner drew, and it was
endorsed by witness's brother, E.C. Hertslet. He gave prisoner £6
10s. – all the change he had at the time, and the balance on Sunday,
the 23rd, when he said the cheque was all right. It was paid into
his brother's account at the National Provincial Bank, and returned
and handed to witness by his brother on the 26th, endorsed “Account
Closed”. On the 24th August, before the cheque was returned,
prisoner went to the hotel and asked witness to cash another cheque,
but he declined, as the other one had not gone through. He knew
prisoner was lodging at 17, Dover Street.
Remanded till Wednesday.
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Folkestone Herald 5 September 1896.
Police Court Report.
Edward Charles Plaistow, giving a London address, was charged on
Thursday morning (Mr. Fitness presiding) with having by false
pretences obtained £8 from Gerald Spencer Hertslett on the 21st
August. The prisoner lodged at the Alexandra Hotel, Harbour Street,
of which prosecutor and his brother are proprietors. On the day
named prisoner asked prosecutor to cash him a cheque for £8, saying
that Mr. Kemp, with whom he had been lodging, would have changed it,
but he had no banking account. Prosecutor ultimately cashed the
cheque, handing over £6 10s. to prisoner in the evening, and £1 10s.
next morning, prisoner saying that the cheque was all right. On
being presented at the National Provincial Bank it was returned, the
account having been closed.
Remanded for a week.
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Folkestone Chronicle 12 September 1896.
Wednesday, September 9th: Before Messrs. J. Fitness, T.J. Vaughan,
J.R. Davy, J. Pledge, and J. Salter, and Colonel Fynmore.
Edward Charles Cranston was brought up on remand charged with
obtaining by false pretences the sum of £8 from Bernard Hertslet. He
was further charged with obtaining £5 from Harry Jordan. The cases
were heard together.
The evidence of Mr. Hertslet was read over, as already reported. He
now said when he gave prisoner change for the cheque, some of it was
in Postal Orders and a bank cheque.
George Edward Chandos Davies, cashier at the Folkestone branch of
the National Provincial Bank, said Mr. Hertslet was a customer of
the bank. He paid in the cheque produced on Aug. 22nd. It was sent
to the clearing house and returned on Aug. 26th, marked “Account
Closed”.
Harry Jordan, landlord of the South Foreland Hotel, said he had
known prisoner as a customer since the last season on and off. On
21st August he came into his house and asked if he would cash him a
cheque for £5. Witness said he would if he had money enough to meet
it. He replied “That's alright, Mr. Jordan, you need not be afraid
of that”. He asked for pen and ink, and pulled out his cheque book
and wrote a cheque (produced) for £5, drawn on a Huntingdon Bank.
Witness endorsed the cheque, and paid it to a customer, a tradesman
in the town. It was returned through their bank marked “Account
Closed”. It was paid to Salmon and Gluckstein. Witness saw the
prisoner, and asked him what he meant by giving a cheque when he had
no money to meet it. He replied “That will be all right, Mr. Jordan,
you need not trouble about that. My sister has plenty of money – she
keeps an hotel. I'll wire to her”. Witness accompanied him to the
telegraph office, and then he sent a telegram in his (Witness's)
presence. Witness had not received his money.
Samuel Elliott Armstrong said he was a clerk in the bank of Messrs.
Vesey and Co., of Huntingdon. They formerly had a customer named
Edward Cranston. He recognised the prisoner as that man. He produced
a copy of prisoner's account. The account was opened May 5th, 1894,
and £414 10s. was paid in. Thirty cheques were issued to him. This
account was closed May 25th, 1895. No other cheques except those
produced had been presented for payment. Thirty eight cheques in all
were drawn by prisoner. There had not been a second issue of cheques
so far as witness knew.
By Mr. Davy: The cheques produced were issued to prisoner's sister.
Harry Frederick Carpenter, clerk in Lloyd's Bank, Folkestone, said
they had customers named Salmon and Gluckstein. They paid in the
cheque (produced) for £5 on 22nd August. It was returned marked
“Account Closed”
Prisoner, who said he had nothing to say, was committed for trial at
the next Quarter Sessions for the Borough.
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Folkestone Express 12 September 1896.
Wednesday, September 9th: Before J. Fitness, J.R. Davy, T.J.
Vaughan, J. Pledge, R.J. Fynmore, and W. Salter Esqs.
Edmund Charles Cranston was charged on remand with obtaining £8 from
Mr. Hertslet by false pretences.
Gerald Spencer Hertslet's evidence, given on the last occasion, was
read over. It will be remembered that it was to the effect that he
cashed a cheque for prisoner for £8, which was returned marked
“Account Closed”. He added that the money he gave prisoner included
two or three postal notes, a bank cheque for 10s., and the balance
in gold.
George Edward Chandos Davis, cashier at the National Provincial
Bank, said Mr. Bernard Carr Hertslet, a customer at the bank, paid
the cheque produced into his account on the 22nd August, and it was
passed through the Clearing House in the usual way. On the 26th it
was returned endorsed “Account Closed”.
Henry Phillips Jordan, landlord of the South Foreland, Seagate
Street, said he had known prisoner since last season as a customer.
On the 21st August he went to the house about three o'clock in the
afternoon, and asked if he would cash a cheque for £5. He said he
would if it was all right, and he (prisoner) had money enough to
meet it. Prisoner said “Oh, that's all right – you need not be
afraid of that”. He asked for pen and ink and took out a cheque book
and filled up the cheque produced for £5. (This cheque was on a bank
at Huntingdon.) Witness endorsed it, and paid it away to Salmon and
Gluckstein, in the town, in the evening. It was returned to Salmon
and Gluckstein, who took it back to him. It was marked “Account
Closed”. He paid the £5, and afterwards saw prisoner, whome he asked
what he meant by giving him a cheque when he had no money to meet
it. Prisoner replied “That'll be all right, Mr. Jordan; you need not
trouble about that. My sister has got plenty of money. She keeps an
hotel, and I'll wire to her”. They went together to the telegraph
office, and prisoner wired to his sister. The money had not been
paid. He parted with his money believing the cheque was good for the
amount for which it was written.
Sam Elliott Armstrong, clerk in the bank of Messrs. Vesey and Co.,
Huntingdon, said the bank had once had a customer named Edward
Charles Cranston, and he recognised prisoner as the man. He produced
a copy of the prisoner's account in the Bank books. The account was
opened May 5th, 1894, and £414 10s. was paid in. A book of 30
cheques was issued to him. The account was closed May 25th, 1895. He
could not say positively whether notice was given to prisoner of its
being closed, but undoubtedly it was given. Thirty eight cheques had
been drawn. He did not think a second cheque book was issued to
prisoner. (The cheques produced were not taken from the book first
issued to him.) Witness said the cheques were taken from a book
issued to prisoner's sister, who had an account at the Bank.
Harry Frederick Carpenter, cashier in Lloyd's Bank, said the cheque
produced was paid into the Bank by Salmon and Gluckstein on the 22nd
of August, and it was returned on the 26th marked “Account Closed”
Prisoner was then formally charged with obtaining money by false
pretences both from Mr. Hertslet and Mr. Jordan, and in answer said
he had nothing to say.
He was committed for trial at the Quarter Sessions.
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Folkestone Herald 12 September 1896.
Police Court Report.
On Wednesday – Mr. Fitness presiding – Edmund Charles Cranston was
charged on remand with having, by false pretences, obtained £8 from
Gerald Spencer Hertslett, in the 21st August. It will be remembered
that the prisoner lodged at the Alexandra Hotel, Harbour Street, of
which prosecutor and his brother are the proprietors. On the day in
question the prisoner asked the prosecutor to cash him a cheque for
£8, which prosecutor at length did, prisoner saying the cheque was
all right. When presented at the National Provincial Bank the cheque
was returned, the account having been closed.
Mr. H.P. Jordan, of the South Foreland, Seagate Street, gave
evidence as to the prisoner having been a customer. On the 21st ult.
he asked witness to cash a cheque for £5, which he did, after asking
prisoner if it was all right. He paid it to Salmon and Gluckstein,
Folkestone, who afterwards returned it to him, marked “Account
Closed”. Prisoner said his sister would pay the money, but it had
not been paid.
The Bench committed prisoner for trial at the next Quarter Sessions.
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Folkestone Visitors' List 14 October 1896.
The Court of Quarter Sessions was held on Monday. Mr. Lewis Coward
was the Recorder.
There were two counts against Cranston, who presented “cheques” to
two tradesmen in Folkestone, and who had no means to meet them. Such
gentlemen do “show up” now and again, perhaps in order to remind
foolish tradesmen of what the List has reminded them over and over
again.
The prisoner was charged with having received money by false
pretences, or in other words, with having presented cheques and “got
the cash” on account of cheques which had no backbone – that is to
say, there was no money in the bank to meet them.
And he committed the crime in such a simple way. He merely presented
his cheques and got his “change”. After all that has been stated
regarding persons changing cheques and postal orders, it is
difficult to conceive who is most to blame, the person who passes
the cheques, or the one who accepts it. Locally we have given
warnings so often that we cannot sympathise with the losers.
It would, perhaps, be out of place were we to criticise the
Recorder's sentence, but Mr. Lewis Coward has in this case erred on
the side of leniency, if at all. Three months on each count against
Cranston was not an excessive sentence against a man who
deliberately represented that he was a man of means, and had not
even an account at the bank. But the learned Recorder, we have no
doubt, took the view we have taken all along in cases of the kind,
and if tradesmen cannot bear in mind what the Bench and the Press
have hitherto taught them, perhaps they will learn by experience. It
is said that experience is the best schoolmaster.
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Folkestone Chronicle 17 October 1896.
Quarter Sessions.
Monday, October 11th: Before J.C. Lewis Coward Esq.
The Grand Jury having found a true bill on two indictments, Edmund
Charles Cranston, 25, imperfectly educated, described as a trimmer,
was first indicted for unlawfully obtaining by false pretences, from
Gerald Spencer Hertslet, a cheque, value 10s., three postal orders,
£1 each, and £4 10s. in cash, on Aug. 21st. He pleaded Guilty.
Mr. Matthew, who appeared to prosecute, briefly went over the facts
of the case, which we fully reported at the time.
Prisoner was then indicted for obtaining the sum of £5 from Henry
Phillips Jordan on the same day. Mr. Bowles prosecuted. Prisoner
pleaded Guilty to this charge also.
Superintendent Taylor said the prisoner was connected with very
respectable people in St. Neots, where his mother formerly kept an
hotel. He was first apprenticed to an ironmonger, but was lazy, and
would not work. His mother then sent him to America for two years in
the hope he would alter. On his return he was employed as an
engineer's trimmer. At his mother's death he received £400. He was
in Folkestone twelve months ago, and that was how he was known. None
of his relatives were present, as they would have nothing to do with
him. He had tired their patience out. He was in very bad health.
The Recorder told the prisoner unless he pulled up he would find
himself in a very awkward position. He had had a very good chance.
He (the Recorder) saw by prisoner's pass book that in less than a
year he had expended the £400. He knew perfectly well when he gave
the cheques that he had no money to meet them. He would be sentenced
to three months' hard labour on each charge, the terms not to run
concurrently.
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Folkestone Express 17 October 1896.
Quarter Sessions.
Monday, October 12th: Before John Charles Lewis Coward Esq.
dmund Charles Cranston, 25, was indicted for obtaining by false
pretences from Gerald Spencer Hertslet a banker's cheque, value
10s., and three postal money orders for the payment of 20s. each,
and the sum of £4 10s. in money, the money and goods of the said
Gerald Spencer Hertslet and another, with intent to defraud, on 21st
August, 1896, at Folkestone. He was further indicted for obtaining
by false pretences the sum of £5 in money from Henry Phillips Jordan
with intent to defraud, on the day, year and place last before
written. He pleaded Guilty.
It will be remembered that the prisoner induced the prosecutors to
cash cheques for him, and when they were presented it was discovered
that the account was closed, and had been for a long time.
Superintendent Taylor, in answer to the Recorder, said the prisoner
was connected with some very respectable people in St. Neots. His
mother formerly kept a large hotel there. Prisoner had been
apprenticed to a trade, but was lazy, and would not follow it, and
his mother sent him to America, but when he came back he was just
the same as ever. He was then employed as a coach trimmer. At the
death of his mother about £400 came to him, with which he opened an
account at the Bank. He appeared to have lived on that money ever
since. He was down at Folkestone twelve months ago, and that was how
he came to know the Alexandra and Mr. Jordan's house.
The Recorder: Is he quite right in his mind?
Superintendent Taylor: I think so. He is in very bad health, I must
say.
The Recorder: Any relatives here?
Superintendent Taylor: No, sir. They will not have anything to do
with him. They are people in good positions, but he has tired their
patience out.
The Recorder, in addressing the prisoner, said he had pleaded Guilty
to an offence which the law regarded as a serious one for a man 25
years of age. If he did not pull himself up short, he would find
himself in a very awkward place at some time or other in his life.
He appeared to have had a good chance, which he had thrown away. His
Bank book showed that less than two years ago he had over £400, and
on the 25th of May last his account was balanced, and he drew out £2
4s. 9d. – the very last farthing, and he knew perfectly well there
was not a farthing left. Yet he defrauded those tradesmen by drawing
cheques while he had not a penny piece to meet them. The sentence of
the Court was that he be imprisoned for three months with hard
labour – the sentences not to run concurrently – that would be six
months hard labour.
The Court then rose, the proceedings having lasted just an hour.
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Folkestone Herald 17 October 1896.
Quarter Sessions.
Monday, October 11th: Before J.C. Lewis Coward Esq.
Edmund Charles Cranston, aged 25, of imperfect education, described
as a trimmer, was indicted for unlawfully obtaining by false
pretences, from Gerald Spencer Hertslet, a bankers' cheque, value
10s., and three postal money orders for the payment of 20s. each,
and the sum of £4 10s. in money, the monies and goods of the said
Gerald Spencer Hertslet and another, with intent to defraud, on 21st
August, at Folkestone, and also for unlawfully obtaining by false
pretences the sum of £5 from Henry Phillips Jordan, with intent to
defraud, on the same day at Folkestone.
Mr. Matthew prosecuted in the first case, and Mr. Bowles on the
other. The prisoner pleaded Guilty to both charges.
Mr. Matthew said the prisoner stayed at the Alexandra Hotel, kept by
Mr. Hertslet and his brother,, and Mr. Hertslet cashed a cheque on a
bank at Huntingdon for £8, and it was afterwards found that the
prisoner's account at the bank was closed.
Mr. Bowles said in the second case, Mr. Jordan, proprietor of the
South Foreland, cashed the cheque, the prisoner having been a
customer of his. Mr. Jordan first asked whether prisoner had an
account at the bank, and prisoner said it was all right.
Mr. John Taylor, Superintendent of the Borough Police, said that the
prisoner was connected with some very respectable people at St.
Neots. His mother kept a large hotel, and the prisoner was
apprenticed to an ironmonger, but he was lazy and did not get on, so
he was sent to America, but when he came back he was the same, and
turned his mind to coach trimming. On the death of his mother £400
came to him, and he then opened an account at the bank. He appeared
to be living on it ever since,, and he was at Folkestone 12 months
before. He seemed to be in his right mind, but was in bad health.
His relations would have nothing more to do with him.
The Recorder said the prisoner had pleaded Guilty to a very serious
offence. He appeared to have a good chance of pulling up, which he
had thrown away. On My 25th last there was only a balance at the
bank of 4s. 9d. to the prisoner's credit, and notice was given to
him, so he knew perfectly well when he drew the cheques that he was
defrauding these tradesmen. He would be imprisoned on each of the
two indictments to three months with hard labour, the sentences not
to run concurrently.
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Folkestone Up To Date 17 October 1896.
Quarter Sessions.
Monday: Before John Charles Lewis Coward Esq.
Edmund Charles Cranston, 25, was indicted for obtaining by false
pretences from Gerald Spencer Hertslet a bankers' cheque, value
10s., and three postal orders for the payment of 20s. each, and the
sum of £4 10s. in money, the money and goods of the said Gerald
Spencer Herslet and another, with intent to defraud, on 21st August,
1896, at Folkestone. He was further indicted for obtaining by false
pretences the sum of £5 in money from Henry Phillips Jordan with
intent to defraud “on the day, year and place last before written”.
He pleaded Guilty.
It will be remembered that the prisoner induced the prosecutors to
cash cheques for him, and when they were presented it was discovered
that the account was closed and had been for a long time.
Superintendent Taylor, in answer to the Recorder, said the prisoner
was connected with some very respectable people at St. Neots. His
mother formerly kept a large hotel there. Prisoner had been
apprenticed to a trade, but was lazy and would not follow it, and
his mother sent him to America, but when he came back he was just
the same as ever. He was then employed as a coal trimmer (sic). At
the death of his mother about £400 came to him, with which he opened
an account at the bank. He appeared to have lived on that money ever
since. He was down at Folkestone twelve months ago, and that was how
he came to know the Alexandra and Mr. Jordan's house.
The Recorder: Is he quite right in his mind?
Superintendent Taylor: I think so. He is in very bad health, I must
say.
The Recorder: Any relatives here?
Superintendent Taylor: No, sir. They will; not have anything to do
with him. They are people in good positions, but he has tired their
patience out.
The Recorder, in addressing the prisoner, said he had pleaded guilty
to an offence which the law regarded as a serious one, and it was a
serious one for a man 25 years of age, If he did not pull himself up
short, he would find himself in a very awkward place at some time or
other in his life. He appeared to have had a good chance, which he
had thrown away. His bank book showed that less than two years ago
he had over £400, and on the 25th of May last his account was
balanced, and he drew out £2 4s. 9d. – the very last farthing – and
he knew perfectly well there was not a farthing left. Yet he
defrauded those tradesmen by drawing cheques while he had not a
penny piece to meet them. The sentence of the Court was that he be
imprisoned for three months with hard labour – the sentences not to
run concurrently – that would be six months' hard labour.
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Sandgate Weekly News 17 October 1896.
Quarter Sessions.
Monday: Before J.C, Lewis Coward Esq.
Edward Charles Cranston, described as a trimmer, was indicted for
unlawfully obtaining by false pretences from Gerald Spencer
Hertslet, a cheque, value 10s., three postal orders, £1 each, and £4
10s. in cash, on August 21st, and for obtaining the sum of £5 from
Henry Phillips Jordan by false pretences on the same day. Prisoner
pleaded Guilty, and was sentenced to three months' hard labour on
each charge, the terms not to run concurrently.
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Southeastern Gazette 20 October 1896.
Quarter Sessions.
The Borough Quarter Sessions were held at the Town Hail on the 12th
inst. before the Recorder (Mr. J. C. Lewis Coward).
Edmund Charles Cranston was indicted for obtaining, by false
pretences, from Gerald Spencer Hertsed the sum of £6, and from Henry
Philip Jordan £5 with intent to defraud.
Prisoner, who pleaded guilty, was sentenced to three months’ hard
labour for each offence, the sentences not to run concurrently.
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Folkestone Chronicle 26 December 1896.
Saturday, December 19th: Before Mr. W.G. Herbert and General Gwyn.
The licence of the Alexandra Hotel was temporarily transferred to
Mr. Crackwell (sic) from Mr. Hertslet.
Note: This date is at variance with More Bastions.
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Folkestone Chronicle 23 January 1897.
Local News.
On Wednesday Mr. Trapnell was granted the transfer of the licence of
the Alexandra Hotel.
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Folkestone Express 25 February 1899.
Saturday, February 18th: Before The Mayor, J. Holden, T.J. Vaughan,
G. Spurgen, and J. Hoad Esqs.
Mr. Arthur Thorp applied for temporary authority at the Alexandra
Hotel, which was granted.
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Folkestone Express 11 March 1899.
Wednesday, March 8th: Before J. Fitness and C.J. Pursey Esqs.
The licence of the Alexandra Hotel was transferred to Mr. Arthur
Thorp from Mr. Trapnell.
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Folkestone Herald 11 March 1899.
Folkestone Police Court.
On Monday, transfer was granted Mr. Thorpe (Alexandra).
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Folkestone Up To Date 11 March 1899.
Friday, March 10th: Before J. Fitness Esq., Col. Hamilton, and W.G.
Herbert, W. Wightwick, and C.J. Pursey Esqs.
The following licence was transferred:
Alexandra Hotel, to Mr. Thorp from Mr. Trapnell.
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From the Folkestone, Hythe, Sandgate and Cheriton Herald, Saturday 16 September, 1899.
EXCERPTS FROM A SHORT TALK WITH MR. JOHN HEALEY.
Mr. Healey had a long connection with the South Eastern Railway
Company's local carpenter's shop, and had worked for 57 years in one
employment.
(The above paper published an article containing some of his
memories, parts of which I have copied below:- Paul Skelton)
Mr. Healey lives in Beach Street, almost opposite the "Alexandra Hotel."
Old Folkestonians will remember the house as a spirits vault. Although
the exterior is unpretentious, the interior is roomy and cosy. The
premises were kept many years ago by one "Bobby Poole" - a regular old
sea dog.
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Folkestone Express 20 January 1900.
Local News.
On Thursday morning, about six o'clock, a fire was discovered in the
bar of the Alexandra Hotel. The alarm was given to the fireman on
duty, and the firemen were summoned by maroon signal, which probably
startled a good many people. In a remarkably short space of time the
brigade were on the spot, and the blaze was extinguished by means of
chemicals before much damage was done, the counter being
considerably burnt.
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Folkestone Express 4 August 1900.
Wednesday, August 1st: Before Capt. Carter, W. Wightwick, J.
Fitness, J. Pledge, C.J. Pursey and W.G. Herbert Esqs.
Mr. G.W. Haines appeared for Mr. Walter Barns and applied for a
temporary authority for the Alexandra Hotel. Granted.
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Folkestone Express 15 September 1900.
Wednesday, September 12th: Before J. Fitness, J. Pledge, W.
Wightwick, and J. Stainer Esqs.
A transfer of licence of the Alexandra Hotel was granted to Walter
Barnes, who was represented by Mr. G.W. Haines.
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Folkestone Herald 15 September 1900.
Folkestone Police Court.
On Monday, transfer was granted to the following: Mr. Walter Barnes
for the Alexandra Hotel.
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Folkestone Chronicle 17 October 1903.
Wednesday, October 14th: Before Mr. W. Wightwick, Lieut. Colonel
Hamilton, Mr. C.J. Pursey and Mr. G.I. Swoffer.
Application for the transfer of licences of licensed premises was
granted for the Alexandra Hotel.
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Folkestone Express 17 October 1903.
Wednesday, October 14th: Before Lieut. Col. Hamilton, W. Wightwick,
G.I. Swoffer and C.J. Pursey Esqs.
The following licence was transferred: - The Alexandra Hotel, from
Walter Barnes to John Edward Barber.
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Folkestone Herald 17 October 1903.
Wednesday, October 14th: Before Messrs. W. Wightwick, G.I. Swoffer,
C.J. Pursey, and Lieut. Colonel Hamilton.
Licence was transferred as follows: Alexandra Hotel, from Walter
Barnes to Edward Barnel.
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Folkestone Chronicle 8 July 1905.
Monday, July 3rd: Before Alderman T.J. Vaughan and Lieut. Col.
Westropp.
Frederick Holmes, a man with a shuffling, shifty appearance, whose
face is familiar to the Bench, was charged with being drunk and
disorderly in Harbour Street on Saturday evening.
P.C. Leonard Johnson said that Holmes was ejected from the Alexandra
Hotel. The man was drunk, and used most filthy language. Prisoner
came up to witness, and said “I want your number, you ----“. After
causing a great commotion prisoner was taken into custody.
Called upon as to whether he had anything to say in his defence,
prisoner said he was excited, and proceeded to make a number of
groundless charges against the constable. He strongly denied using
obscene language.
Sergt. Osborne said that the man was very drunk when brought to the
station, and made use of filthy language.
Prisoner: I did not swear. You are a false speaking man.
The Chief Constable: You are only making the case worse. You swore
when you were in my office.
Alderman Vaughan (to prisoner): The less you say the better for you.
Is anything known about the prisoner?
The Chief Constable: He has not been charged with drunkenness
before, but there are three or four other convictions. The last was
for an indecent assault upon a young girl, for which he was
sentenced to six months' hard labour.
Prisoner was fined 5s. with 5s. 6d. costs, or seven days'.
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Folkestone Express 8 July 1905.
Monday, July 3rd: Before Alderman Vaughan and Lieut. Col. Westropp.
Frederick Holmes was charged with being drunk and disorderly in
Harbour Street on Saturday night.
P.C. Leonard Johnson said about 9.30 on Saturday night he was called
to the Alexandra Hotel in Harbour Street, where he saw the prisoner
being ejected from the hotel. He was drunk and very excitable. He
requested him to go away quietly, but he refused, and caught hold of
witness by the shoulder and said he wanted his number. He continued
to use obscene language, and a large crowd of people assembled.
Witness eventually took him into custody.
P.S. Osborne said when the prisoner was brought into the station he
was drunk, and used very bad language.
The Chief Constable said there were three or four convictions
against the prisoner, the last being in August of last year.
Fined 5s. and 5s. 6d. costs or seven days' hard labour.
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Folkestone Express 2 November 1907.
Monday, October 28th: Before The Mayor, Aldermen Spurgen and
Vaughan, Lieut. Col. Fynmore and R.G. Wood Esq.
Charles Cullen pleaded Guilty to being drunk and disorderly on
Saturday evening in Harbour Street.
P.C. Sharpe said about 6.50 on Saturday evening he was at the bottom
of High Street, when he saw the prisoner, drunk. He was flourishing
a bottle (produced) in his right hand. He (witness) requested him to
go away, but he went into the Alexandra Hotel. He was, however,
ejected from there, and when in the street again he used very bad
language. He therefore took him into custody.
Prisoner said he had been in the army 156 days, and when in South
Africa he was shot close to the brain, and in support of his
statement he held his head down so that the Magistrates could see a
hole at the top of it. He denied using bad language.
The Chief Constable said the prisoner was an army pensioner.
The Chairman said the Magistrates had decided to deal leniently with
the prisoner, and he would be fined 3s. 6d. and the costs would be
remitted.
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Folkestone Express 13 June 1908.
Monday, June 8th: Before Alderman Vaughan, Lieut. Colonel Fynmore,
and Messrs. T. Ames and C. Jenner.
George Herbert Rycroft was charged with wilfully breaking a plate
glass window at the Alexandra Hotel, the property of John Edwards
Barber.
Florence Kosh, barmaid at the Alexandra Hotel, said at about a
quarter past seven on Saturday evening she was standing at the hotel
entrance when she noticed the prisoner pass. He had a piece of stone
in his right hand. She saw him raise his hand and throw the stone
produced at the saloon bar window, which was broken. A boy picked up
the stone and handed it to her. Mr. Barber, the landlord, came out
and caught the prisoner.
John Edwards Barber, the landlord of the hotel, said he was on the
premises on Saturday evening. He was sitting in the saloon bar, and
on hearing the smash of glass and seeing the window broken he ran
out and caught the prisoner. He took Rycroft into the hotel. The
damage done amounted to between £7 and £8. The glass was five
sixteenths of an inch in thickness, and the window was about 6 ft.
high and 5 ft. broad.
P.C. Watson said at five minutes past seven he was called to the
Alexandra Hotel, where he saw Mr. Barber, who told him in the
prisoner's presence that he (Rycroft) had broken the window, and he
wished to give him into custody. He brought him to the police
station, and on charging him he replied “I should not have done it,
only I felt hungry”.
Prisoner, who appeared to be rather strange in his manner, had
nothing to say, and he was committed to the Quarter Sessions, bail
being offered, himself in £20 and one surety of £20.
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Folkestone Herald 13 June 1908.
Monday, June 8th: Before Alderman S. Penfold, Lieut. Col. R.J.
Fynmore, Councillor C. Jenner, and Mr. T. Ames.
George Herbert Rycott was charged with wilfully breaking a plate
glass window at the Alexandra Hotel on Saturday evening.
Florence Kosh, barmaid at teh Alexandra Hotel, said that at about
seven o'clock on Saturday evening she was standing at the entrance
of the Alexandra Hotel, when she noticed prisoner, who was standing
on the pathway, in front of the hotel entrance. He had a piece of
stone in his right hand. She saw him raise his hand and throw the
stone, which broke the saloon bar window. A boy picked up the stone
and gave it to witness, who afterwards handed it to the police. The
landlord then came.
John Edwards Barber, landlord of the Alexandra Hotel, said that at a
quarter past seven on Saturday evening he heard a crash of glass. He
immediately ran out and caught the prisoner, who was going towards
the fishmarket, took him back to the hotel, detained him there, and
sent for the police. Witness did not see him throw the stone. The
amount of damage done was between seven and eight pounds.
Chairman: What was the size and thickness of the glass?
Witness: 5/10th of an inch plate glass, and roughly it was six feet
high and five feet broad.
P.C. Watson said that at about five past seven on Saturday night,
from information received, he went to the Alexandra Hotel, where he
saw Mr. Barber. He stated, in the prisoner's presence, that Rycott
had broken the plate glass window in the saloon bar, and that he
wished to give him into custody. He examined the window and found it
was broken. He took the prisoner to the police station and charged
him with wilfully breaking the window. Prisoner replied that he
would not have done it, only he felt hungry.
Prisoner was committed for trial at the Quarter Sessions.
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Folkestone Daily News 4 July 1908.
Saturday, July 4th: Before J.C. Lewis Coward Esq.
George Herbert Rycroft pleaded Not Guilty to wilfully damaging a
plate glass window on the 6th June.
Florence Kosh, a barmaid at the Alexandra Hotel, said she saw the
prisoner come along with a piece of stone in his right hand, which
he threw through the window of the saloon bar.
John Edward Barber said when he heard the smash he went out and saw
the prisoner making his was towards the Fishmarket. He went after
him and held him till a policeman arrived.
P.C. Watson proved the arrest, and said the prisoner replied “I
wouldn't have done it, only I was hungry”.
Prisoner said he tried to throw the stone over, and it went through thye window. It was a pure accident.
The Chief Constable said there was a long list of convictions
against the prisoner.
The jury brought in a verdict of Guilty, and he was sentenced to
three months' hard labour.
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Folkestone Express 11 July 1908.
Quarter Sessions.
Saturday, July 4th: Before J.C. Lewis Coward Esq.
George Herbert Rycroft, a porter, was charged with breaking a plate
glass window in the Alexandra Hotel, the property of Mr. John
Edwards Barber, and doing damage to the extent of £7 8s. 6d. on June
6th. When asked to plead he said it was done by accident – a plea on
Not Guilty. Mr. Dickens prosecuted.
The evidence of Miss Kosh, a barmaid in the employ of Mr. Barber,
showed that the man deliberately stood on the pavement and threw a
stone through the window.
Mr. Barber stated that he was sitting in the hotel directly under
the window when he heard the smash of a window. He ran out of the
hotel and arrested him while walking sharply away from the hotel. It
required considerable force to break the window. He had heard the
man had been asking for food. If he had come to his place he would
have got it.
The Recorder: A very good advertisement. I shall know where to come.
Mr. Dickens: Can we all come?
Mr. Barber: Yes.
The Recorder: I will bear it in mind. Gentlemen of the jury, I hope
you won't forget what he says.
P.C. Watson gave evidence of arrest.
The prisoner said he did not throw the stone with the intention of
breaking the window. He meant to throw it to the top of the roof.
The Chief Constable said since 1906 the prisoner had been convicted
at Worthing, Romsey, Chichester, and Hunts. Assizes for felony, and
at Boston for an assault on a woman.
The Recorder warned the prisoner as to his future behaviour, and
advised him not to come before that Court again. He would have to go
to prison for three months' hard labour.
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Folkestone Herald 11 July 1908.
Quarter Sessions.
Saturday, July 4th: Before J.C. Lewis Coward Esq.
George Henry Rycroft was indicted for unlawfully and maliciously
breaking a plate glass window, the property of John Edwards Barber,
and doing damage to the extent of £7 8s. 6d. Prisoner pleaded Not
Guilty. Mr. Dickens appeared on behalf of the Crown.
Florence Kosh, a barmaid at the Alexandra Tavern (sic), said she
knew the prisoner, whom, on the evening of the 6th June, she saw
coming along the road, carrying a stone in his hand. Prisoner raised
his hand, and she thought he was going to throw it at her, so she
stepped back. He threw it through the second window of the saloon
bar. He threw it wilfully.
John Edwards Barber, landlord of the Alexandra Tavern, said that he
was sitting in the hotel when he heard a smash of glass, so he went
out and arrested the prisoner, and, with assistance, took him to the
police station. The window was five sixteenths of an inch thick, and
was 6ft. by 5ft. The damage was over £5.
he Recorder: Are you insured?
Witness: All right, you need not emphasise the damage. Continuing,
witness said that there had been a couple of gentlemen staying at
the hotel, and prisoner had been asking them for coppers. If he had
gone to witness's house for it, he would have got it.
The Recorder: A very good advertisement for the Alexandra Hotel,
Beach Street. (Laughter) I will bear it in mind.
Mr. Dickens: Can we all come? (Laughter)
Witness: If you are hard up. (Laughter)
The Recorder: Gentlemen, we will bear it in mind.
P.C. Watson proved arresting the prisoner, who said “I would not
have done it, only I was hungry”.
Prisoner, in defence, said that the window was not broken wilfully.
He caught hold of a stone, and tried to throw it over to reach the
top of the roof.
Prisoner was found Guilty.
Chief Constable Reeve said that prisoner was evidently a tramp, and
at Folkestone nothing was known of him. He had, however, other
convictions against him in several parts of the country.
Prisoner assumed a somewhat indifferent air, and the Recorder asked
if he was in his right mind.
The Chief Constable: Yes, I think so. He is one of that class of men
who is quite as comfortable in prison as out.
The Recorder, in addressing the prisoner, said that he had admitted
that he had committed the offence because he was hungry, but it
could not be taken into consideration, and he wanted to point out to
prisoner that if he did not mind what he was about, he would find
himself undergoing a very long term of imprisonment in one of His
Majesty's gaols. He was only 22 years of age, and yet he had been
convicted no less than five times. He was getting on towards that
stage which was known as the habitual criminal, and he would find
that stage would be very unpleasant to him. He would go to prison
for three months with hard labour.
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Folkestone Express 1 August 1908.
Local News.
One of the prisoners sentenced at the recent Quarter Sessions –
George Herbert Rycroft, for breaking a window at the Alexandra Hotel
– applied for leave to appeal against his sentence of three months'
hard labour, but the higher court this week has decided not to grant
an appeal in the case, so the sentence remains.
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Folkestone Herald 1 August 1908.
Local News.
An application by George Henry Rycroft, who was convicted at the
last Quarter Sessions for breaking a plate glass window at the
Alexandra Hotel, that he should be given a trial in the Court of
Criminal Appeal, has been disallowed by the Home Secretary.
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Folkestone Daily News 20 November 1908.
Friday, November 20th: Before Messrs. Banks, Stainer, Swoffer,
Fynmore, Vaughan, Ames, Carpenter, and Herbert.
Ernest J.S.S. Fazan was charged with stealing a pair of field
glasses.
John Edward Barber, proprietor of the Alexandra Hotel, said he knew
the prisoner well. On the 18th of July last he stopped at the hotel
for a few days. He left, and returned about the 20th July. He was in
the habit of borrowing witness's field glasses, which were always
kept in a leather case behind the bar. On the 15th of August
prisoner left without paying his bill, and also took the glasses
with him. Witness put the matter in the hands of the police, and a
few days later accompanied a constable to Dover, where he was shown
the glasses at a pawnbroker's shop. They bore his name on them, and
he valued them at £4.
Florence Kosh deposed that she was a barmaid at the Alexandra Hotel.
On the 5th August he was in the bar and asked her for the field
glasses, saying Mr. Barber had given him permission to have them.
She handed them to him and he went out, and she had not seen him
since.
Robert Wood said he was a pawnbroker, of 10, Snargate Street, Dover.
The prisoner came to his shop on the 6th August and pledged the
glasses and case. Witness advanced him 7s. 6d. on them.
Detective Burniston said he apprehended the prisoner at Canterbury
yesterday, and charged him with stealing the glasses. He replied “I
am very sorry. I did not take them with a felonious intent”. At
Folkestone he was formally charged, and he made no reply. A pawn
ticket was found on him, dated August 6th, 1908.
Prisoner pleaded Not Guilty, and said before this charge was
preferred against him he wrote a letter to Mr. Barber telling him
the predicament he (prisoner) was in. He had also made a declaration
on his own behalf to the Chairman and other gentlemen on the Bench,
which he wrote on the 19th last. He had also placed with the
declaration a letter he had received from his parents.
He was committed to the Quarter Sessions, bail being allowed,
himself in £20 and two sureties of £10.
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Folkestone Herald 21 November 1908.
Friday, November 20th: Before The Mayor, Lieut. Col. Fynmore,
Alderman T.J. Vaughan, Messrs. G.I. Swoffer, J. Stainer, W.C.
Carpenter, W.G. Herbert, and T. Ames.
Ernest Jas. Seymour Fazan was charged on a warrant with stealing a
pair of field glasses and a case. Mr. De Wet prosecuted.
John Edward Barber, landlord of the Alexandra Hotel, Harbour Street,
said that he knew the prisoner by the name of Fazan In July,
prisoner was living at the hotel, and while there he asked witness
for the loan of his field glasses. Invariably the glasses were kept
behind the bar in the case. Witness told him to return them on his
arrival at the hotel each day he had them. Witness first of all
missed the glasses on the 5th August. Prisoner left the hotel on
that day owing witness some money. He had given witness no notice
that he was going to leave. Witness put the matter into the hands of
the police, and a few days later went with the police to Dover to
see a pawnbroker (Mr. Wood), who showed him the glasses (produced),
which witness identified as his glasses. His name was on the glasses
and on the case. He valued the glasses at £4.
Florence Kosh, barmaid at the Alexandra Hotel, said that on the 5th
August she saw Fazan in the office adjoining the bar. He was
standing there, so witness asked him what he wanted. He replied “I
want the glasses”. She asked him if Mr. Barber had given him
permission to have the glasses, and prisoner replied in the
affirmative. Witness gave him the glasses. He never returned to the
hotel.
Robert Wood, a pawnbroker, of 10, Snargate Street, stated that on
the 6th August the glasses and leather case were brought to him by
prisoner. Witness had the counterfoil of the ticket, and that
corresponded with the ticket (produced). Seven shillings and
sixpence was advanced on the glasses. Witness was in the shop at the
time, but witness's wife actually transacted the loan.
Detective Sergt. Burniston said that at 9 a.m. the previous day he
apprehended the prisoner at Canterbury, and charged him with
stealing the field glasses. He replied “I am very sorry. I did not
take them with a felonious intent”. In his possession was a pawn
ticket, No. 9393, dated August 6th, 1908, bearing the name of R.
Wood, and also the word “glasses”. On the 14th November Mr. Wood
handed the glasses and case (produced).
Prisoner pleaded Not Guilty. He said that before that charge was
preferred against him he wrote a letter to Mr. John Barber telling
him of the predicament he was in; he produced the letter and asked
the Magistrates to read it. He also made a declaration to the
Chairman, and the other gentlemen on the Bench, which he wrote the
previous day. Also he put with the declaration a letter which he
received from his parents, and which he wished the Magistrates to
see.
These letters were read by the Magistrates, who committed prisoner
for trial at the Quarter Sessions, bail being offered.
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Folkestone Express 28 November 1908.
Friday, November 20th: Before Alderman Banks, Lieut. Col. Fynmore,
Alderman Vaughan, and Messrs. W.G. Herbert, J. Stainer, G.I.
Swoffer, and T. Ames.
Ernest J.S.S. Fazan was charged with stealing, whilst a bailee, a
pair of field glasses in a leather case. Mr. De Wet prosecuted.
John Edward Barber, the landlord of the Alexandra Hotel, Harbour
Street, said he knew the prisoner, who went by the name of Fazan. On
July 18th prisoner was at his hotel, and remained there for a few
days. He returned about July 30th. Two or three days after he came
he asked prosecutor to lend him his field glasses, which he
invariably kept behind the bar in a case. He gave him permission to
have them, but told him he was to return them each day he came into
the hotel. On August 5th the prisoner left the hotel, owing him some
money, and later he missed the glasses. He had given witness no
notice that he was going to leave. In consequence of police
enquiries at Dover a few days after, witness went to see Mr. Wood, a
pawnbroker there, who showed him the glasses and case produced,
which he identified as his property. He valued the field glasses and
case at £4.
Florence Kosh, a barmaid in the employ of Mr. Barber, said she knew
the prisoner. On August 5th she remembered seeing Fazan in the
office behind the bar. She asked him what he wanted, and he replied
“I want the glasses”. She asked him if Mr. Barber had given him
permission to have them, and he said “Oh, yes”. She gave him the
field glasses in the case.
Robert Wood, pawnbroker, of 10, Snargate Street, Dover, said on
August 6th the field glasses and leather case were pledged with him
by the prisoner, and the counterfoil corresponded with the ticket
produced. His wife advanced 7s. 6d. for the glasses.
Det. Sergt. Burniston said at 9 a.m. the previous day he arrested
the prisoner at Canterbury, charging him with stealing the glasses
in the case whilst bailee. After reading the warrant over to him,
the prisoner replied “I am very sorry. I did not take them with a
felonious intent”. Later he brought him to Folkestone police
station, where he was formally charged and made no reply. In his
possession was found the pawnticket produced, which corresponded
with the counterfoil produced by Mr. Wood.
Mr. De Wet asked the Magistrates to deal with the prisoner
summarily, subject to his plea.
Prisoner pleaded Not Guilty, and further said that before the charge
was preferred against him he wrote a letter to Mr. John Barber,
telling him the predicament he was in, and he asked the Magistrates
to read the letter. He had also made a declaration on his behalf to
the Chairman and other gentlemen on the Bench, and which he wrote
the previous day. He wished the Magistrates to see a letter he had
received from his parents.
The letters were read by the Clerk to the Magistrates, but he said
they were irrelevant to the charge.
The Magistrates, as the prisoner pleaded Not Guilty, had no course
open to them but to send him for trial at the next Quarter Sessions,
and bail was offered, himself in £20, and two sureties of £20 each.
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Folkestone Daily News 4 January 1909.
Quarter Sessions.
Monday, January 4th: Before J.C. Lewis Coward Esq.
Ernest James Seymour Fazan was charged with stealing a pair of field
glasses, the property of John Edwards Barber.
Mr. Matthew prosecuted, and said the prisoner admitted taking the
glasses, but not with any felonious intent. The prisoner, however,
had pawned them, which was itself dishonest.
The prosecutor said the prisoner was in the habit of borrowing the
glasses, but on the last occasion he did not return them, so witness
informed the police.
Prisoner said he had £80 when he went to prosecutor's house, so he
was not short of money. They went to the Dover Pageant together, and
were on intimate terms with each other. He produced a long letter
which he wrote to Mr. Barber from Canterbury prison.
Miss Kosh gave evidence as to the prisoner borrowing the glasses.
Mr. Wood, a pawnbroker, of Dover, deposed that the prisoner pawned
the glasses with him.
Detective Burniston proved the arrest.
Prisoner gave evidence on oath, and denied that he had any felonious
intent. If he had, he would not have given his proper name and
address. He had spent over £4 with Mr. Barber and his friends at the
Pageant, and left himself penniless.
The Recorder briefly went over the evidence, and said the letter
written by the prisoner while in prison did show to some extent that
he meant to redeem the glasses. The point the jury had to decide,
however, was whether the prisoner had any felonious intent.
The jury returned a verdict of Not Guilty, which was greeted with
applause by those in Court.
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Folkestone Express 9 January 1909.
Quarter Sessions.
Monday, January 4th: Before J.C. Lewis Coward Esq.
Ernest James Seymour Slater Fagan, described as a seaman, was
indicted for that he, being the bailee of a certain leather case
containing field glasses of the value of £4, the property of John
Edwards Barber, converting them to his own use and stole them, on
August 5th. Prisoner pleaded Not Guilty.
Mt. T. Matthew (instructed by Mr. De Wet) prosecuted, and in opening
the case said that prisoner did not deny taking the glasses, but
contended that he took them honestly.
John Barber, the landlord of the Alexandra Hotel, said he knew the
prisoner and he had stayed at his hotel for a few days from July
18th last. He went away and returned on July 30th, and during his
stay he was in the habit of borrowing witness's field glasses, which
were presented to him by his commanding officer when he went to
South Africa. The instruction given to the prisoner was to hand the
glasses back each day to the young lady behind the bar. On August
5th the prisoner left the house and took the glasses with him. He,
at that time, owed him 17/6 for his lodgings. As he did not return
in a few days, he gave information to the police, with whom he went
to Dover a few days later, and saw the field glasses at Mr. Wood's
the pawnbroker.
Florence Kosh, a barmaid in the last witness's employ, gave evidence
of handing the glasses to the prisoner.
Robert Wood, pawnbroker, of 10, Snargate Street, Dover, said on
August 6th the glasses were pledged by the prisoner with him. He
valued the glasses at £1 1s. and the case at 3s.
Mrs. Wood said she effected the transaction with the prisoner, to
whom she gave 7/6 for the glasses and counterfoil of the ticket. The
man told her that the glasses were his property.
Detective Sergeant Burniston deposed to arresting prisoner on a
warrant at Canterbury.
A letter was read by the prisoner, which he sent to Mr. Barber when
in prison, stating that he would get the glasses when he came out
again, and he further said that he did not know at that time there
was a warrant out for his arrest.
Prisoner went into the box, and said if he had any guilty intention
he would not have used his own name. He ran short of money, and
thought he was pledging the glasses only for a day, as he expected
he could get money from his people. It was his intention to redeem
the glasses when he came out of prison.
During cross-examination by Mr. Matthew, the prisoner said he had
borrowed money from the Chief Constable of Deal, which he had
repaid.
The Recorder: That is very high testimony to the police.
In a written statement, the prisoner repeated what he had said in
the witness box. He also asked the jury to take into consideration
the fact that he had been in prison six weeks awaiting trial, and
appealed to them to instruct the Police Court Missionary to assist
him, as he had very little money.
The jury returned a verdict of Not Guilty, which was received with
loud applause from the public portion of the Court.
Fagan was therefore discharged.
The Recorder ordered that on payment of 3/9 to the pawnbroker Mr.
Barber could have his glasses back.
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Folkestone Herald 9 January 1909.
Quarter Sessions.
Monday, January 4th: Before J.C. Lewis Coward Esq.
Ernest James Seymour Slater Fazan was indicted for stealing, on the
5th August, 1908, one leather case, containing a pair of field
glasses, of the value of £4, the goods of John Edwards Barber.
Prisoner pleaded Not Guilty. Mr. T. Matthew prosecuted.
John Barber, proprietor of the Alexandra Hotel, Harbour Street, said
that the prisoner was in the habit of staying at his hotel. On the
30th July he arrived for a few days, after being away for a few
days. While he was staying at the hotel, prisoner had permission to
borrow a pair of field glasses. He valued them at £4. They were
presented to him by his commanding officer on his going to South
Africa. On the case was the name Regimental Sergt. Major Barber, 9th
Battalion, Imperial Yeomanry. Defendant left on the 5th August,
owing a bill for 17s. 6d. On the next day witness got a letter from
him stating that he would not be back till the following day, as he
was “staying with the Pageant piece”. The letter concluded “It is
all right”. As prisoner did not appear, witness gave information to
the police, but he afterwards learned that the glasses had been
pawned at Mr. Wood's shop.
Prisoner, in defence, produced a letter sent by him from Canterbury
gaol, stating to Mr. Barber that the presentation binoculars were in
safe keeping. He would have written before, but one had to be in
prison for two months before that could be done. He hoped that Mr.
Barber would not condemn him, as the crime he committed was
unintentional, for he was not likely to jeopardise his future for a
paltry wristlet watch and 37s. 6d., in connection with which he had
since got into trouble. Since he had been in gaol he had been
discharged from the Reserve. He would be penniless, and in addition
he had lost the respect of his friends, who knew of his disgrace. He
said that he would write further when he was released. He asked for
his bill, which he hoped he would be able to forward as well as the
binoculars.
Robert Wood, pawnbroker, of Dover, proved taking the glasses into
pawn for 7s. 6d.
Prisoner, on oath, maintained that when he pawned the glasses it was
not with any felonious intent. The day before he went to the Dover
Pageant and spent out. He expected to get some means sent to him
from some relatives. He pledged the glasses for one day only as he
thought. The consequence was that the following day he was placed in
a big predicament. He wrote to some people, some friends Mr. Barber
had introduced him to, and to whom he had lent some money, but they
did not reply. The consequence was he did not have a penny. From
there he went to Tunbridge Wells, where he was well known and
respected. He borrowed money in small sums here and there, and he
got himself into disgrace. He was accused of stealing a watch. They
let him have a watch valued at 13s. 6d. and he sold it for 5s., so
they charged him with stealing it. He pleaded Guilty, and there was
no question of it, and he got three months' hard labour. He had been
unable to redeem the pledge as he had not the money to get the
glasses out. He asked the jury to believe that he had not taken them
with any felonious intent.
The jury returned a verdict of Not guilty, and the prisoner was
discharged.
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Folkestone Daily News 28 February 1912.
Wednesday, February 28th: Before Messrs. Herbert, Leggett, Swoffer,
Fynmore, Boyd, and Stainer.
Charles Brown, a respectably dressed man of good appearance, was
charged for the ninth time with being drunk and disorderly in
Harbour Street on Monday afternoon.
He is a resident of the West End and seems to have these periodical
outbreaks. He was convicted three times last year, and on the last
occasion was fined 20s. and costs, with the promise of imprisonment
without the option if he came again.
P.C. Kennett preferred the charge. He had been called to the
Alexandra Hotel to eject the defendant, who was drunk. Defendant
became very violent, a weakness which seems to be very prevalent
with Kennett's clients. He caused a crowd to assemble, refused to
comply with Kennett's requests to go away, and eventually that
energetic officer, with the assistance of a colleague, took him into
custody.
Brown said he was sorry, and that was all he could say.
The Chairman lectured him on the enormity of his crime, and pointed
out how he was likely to jeopardise the interests of licensed
victuallers, and inflicted a penalty of 40s. and 9s. 6d. costs.
Defendant's wife paid the fine.
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Folkestone Express 2 March 1912.
Wednesday, February 28th: Before W.G. Herbert, J. Stainer, G.I.
Swoffer and G. Boyd Esqs., Lieut. Col. Fynmore, and Major Leggett.
Charles Brown was charged with being drunk and disorderly. He
pleaded Guilty.
P.C. Kennett said at 4.30 the previous day he was asked by the
landlord to eject the prisoner from the Alexandra Hotel. After some
difficulty he did so, but when outside the prisoner wanted to fight,
and started to shout and swear, causing a large crowd of people to
assemble. With the assistance of P.C. Sales witness brought him to
the police station.
Brown said he was very sorry.
The Chief Constable said there were eight convictions for
drunkenness against prisoner, three being in last year. He appeared
very often, and by his conduct he was likely to injure the licensed
premises in which he had been misbehaving himself. Publicans had
enough to do to keep order without being troubled by such men as
him. He would be fined 40s. and 4s. 6d. costs, or one month's hard
labour.
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Folkestone Herald 2 March 1912.
Wednesday, February 28th: Before Mr. W.G. Herbert, Lieut. Col.
Fynmore, Major Leggett, Messrs. J. Stainer, G.I. Swoffer and G.
Boyd.
Charles Brown, charged with being drunk and disorderly on the
previous day, pleaded Guilty.
P.C. Kennett said at about 4.30 the previous afternoon he was
requested by the landlord of the Alexandra Hotel to eject prisoner
from the premises. Witness had some difficulty in doing so. When
outside prisoner wanted to fight, started to shout and swear, and
caused a crowd to collect. He said he would not go away from the
hotel until he had had another drink. Finally, with the assistance
of P.S. Sales, prisoner was brought to the police station.
Accused said he could only say he was very sorry for it.
The Chief Constable said there were eight previous convictions
against prisoner, three being during the last year. On the last
occasion he was fined 20s. and costs.
The Chairman said it was a disgraceful thing to see a man in
prisoner's position in the Court. Publicans had enough to do without
keeping people such as prisoner in order. He would be fined 40s. and
4s. 6d. costs, or one month's imprisonment.
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Folkestone Express 12 July 1913.
Tuesday, July 8th: Before J. Stainer Esq., Major Leggett, R.J.
Linton, G.I. Swoffer, G. Boyd, W.J. Harrison, and E.T. Morrison
Esqs.
Jane Golding Dunn was charged with being drunk and disorderly the
previous night in South Street. She pleaded Not Guilty.
P.C. Weller said at 10.15 p.m. he was in South Street, where he saw
the prisoner. She was drunk and shouting. She refused to go away,
and caused a crowd to assemble, so he took her into custody.
Prisoner said she went to see her husband, who was staying at his
sister's in South Street. She had been in the workhouse for a month,
and only came out that day. She found her husband in the Alexandra
public bar.
The Chief Constable (Mr. Reeve) said there were ten previous
convictions against the prisoner, the last being in September, 1911.
Fined 5s. and 4s. 6d. costs, and in default of payment she went down
for seven days' hard labour.
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Folkestone Express 21 August 1915.
Wednesday, August 18th: Before Lieut. Col. Fynmore, Alderman Jenner,
G.I. Swoffer, R.J. Linton, G. Boyd and H.C. Kirke Esqs.
Mr. G.W. Haines applied on behalf of Mrs. Barber, the widow of the
late Mr. J.E. Barber, for temporary authority to sell at the
Alexandra Hotel, the licence of which was held by her husband.
The application was granted.
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Folkestone Herald 21 August 1915.
Wednesday, August 18th: Before Lieut. Col. R.J. Fynmore, Mr. G.I.
Swoffer, Mr. R.J. Linton, Councillor G. Boyd, Alderman C. Jenner,
and Mr. H. Kirke.
Mrs. Barber, the widow of the late Councillor Barber, applied for
the temporary transfer of the licence of the Alexandra Hotel to
herself. Mr. G.W. Haines appeared for the applicant.
The transfer was granted.
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Folkestone Express 9 October 1915.
Local News.
At the Police Court on Wednesday licence was transferred as follows:
The Alexandra Hotel, from the late Councillor J.E. Barber to the
widow.
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Folkestone Herald 9 October 1915.
Wednesday, October 6th: Before Mr. E.T. Ward, Mr. G.I. Swoffer,
Lieut. Col. R.J. Fynmore, Mr. R.J. Linton, and Col. G.P. Owen.
The licence of the Alexandra Hotel was transferred from the name of
the late Councillor Barber to his widow.
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Folkestone Express 2 November 1918.
Local News.
The Magistrates on Tuesday temporarily transferred the licence of
the Alexandra Hotel from Mrs. Barber, the widow of Councillor
Barber, to Mr. Stiff, of Dover.
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Folkestone Herald 2 November 1918.
Local News.
On Tuesday the Magistrates sanctioned the transfer of the licence of
the Alexandra Hotel from Mrs. Barber (widow of the late Councillor
J. Barber) to Mr. Harry Stiff, who is well-known both at Dover and
Hythe.
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Folkestone Express 16 November 1918.
Local News.
At a special licensing sessions at the Police Court on Wednesday the
following licence was transferred: The Alexandra, from Mrs. Barber
to Mr. F.E. Steff.
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Folkestone Express 24 July 1920.
Local News.
The Borough Magistrates on Tuesday sanctioned the following
temporary transfer of licence: Alexandra Hotel, from Mr. Step (sic)
to Mr. W.R. Taylor.
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Folkestone Herald 24 July 1920.
Local News.
At the Folkestone Petty Sessions on Tuesday, the licence of the
Alexandra Hotel, Bridge Street, was temporarily transferred from Mr.
Harry Edward Steff to Mr. Wm. Robert Taylor.
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Folkestone Express 28 August 1920.
Wednesday, August 25th: Before Councillor Boyd, Councillor Harrison,
Rev. Epworth Thompson, Col. Owen, Mr. W.R. Boughton, and Mr. Blamey.
The following transfer of licence was granted: The Alexandra Hotel,
from Mr. Steff to Mr. W.R. Taylor.
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Folkestone Express 9 October 1920.
Local News.
At the Folkestone Police Court on Tuesday morning a summons against
William Robert Taylor, the landlord of the Alexandra Hotel, Beach
Street, for allowing consumption on the premises after ten p.m. was
adjourned until today (Friday) on the application f Mr. Mowll
(Dover), who will appear for Mr. Taylor.
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Folkestone Herald 9 October 1920.
Friday, October 8th: Before Col. G.P. Owen and other Magistrates.
William Robert Taylor, of the Alexandra Hotel, Beach Street, was
summoned for allowing the consumption of intoxicating liquor on his
premises after ten o'clock at night. Mr. A.K. Mowll appeared for the
defendant, who pleaded Guilty.
Inspector Sales stated at 12.45 a.m. on the 28th September he was in
Harbour Street with P.C. Butler. Hearing a piano being played and
singing in the Alexandra Hotel he rang the bell, and the door was
opened by the landlord. He said to him “Who have you on the
premises?”, and he replied “A few friends”. Witness asked if they
were staying at the hotel, and defendant replied “Not all of them”.
He further stated that he was just giving a little party to a friend
who was leaving the town the next day. Witness asked him if he had
notified the police, and defendant said “No, is it necessary?”
Witness said it was not necessary, but that it might prevent
inconvenience. He then went with P.C. Butler to a room on the first
floor. There he saw eleven men and a number of women, and on the
table there were bottles of spirits and glasses which had contained
beer. Some of the glasses contained liquor. Witness asked if they
were all staying in the hotel, and some of them replied “No, not all
of us”. One said “We are the guests of the landlord, and we have
been invited here”. Whilst he was taking the names of those present,
one man, named Every, drank some liquor, wishing witness good
health. He took the names and said to the landlord “You don't deny
liquor is being consumed?”, and he said “No, that is what they came
here for”. Witness told him that he would submit a report, and
defendant said “I am very, very sorry if anything is wrong. I was
just giving a private party to a friend who is leaving the town
tomorrow”.
In reply to Mr. Mowll, witness said everything was quite open.
Mr. Mowll said defendant had pleaded Guilty because in his view he
had committed a technical offence under the regulations. He was
wrongly under the impression that he was entitled, as he was under
the old licensing laws, to have this supper party. He asked the
Bench, if they were satisfied that defendant had made a mistake, to
dismiss the summons. Defendant had held a licence in London for nine
years.
The Chairman said defendant should have been aware of the
regulations. He would be fined £10.
Mr. Mowll: I take it you don't wish that to affect his holding the
licence?
The Chairman: We cannot say that. It is the opinion of the Bench
that it is a very serious matter.
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Folkestone Express 16 October 1920.
Friday, October 8th: Before Colonel Owen, Alderman Jenner, the Rev.
Epworth Thompson, Mr. L.G.A. Collins, and Capt. Griffin.
William Robert Taylor, the licensee of the Alexandra Hotel, Beach
Street, was summoned for allowing intoxicating liquor to be consumed
on his premises at 12.45 a.m. on the 28th September. Mr. A.K. Mowll
(Canterbury) appeared for defendant, and pleaded Guilty.
Inspector Sales said at 12.45 on the morning of the 28th September
he was in Harbour Street, in company with P.C. Butler, when he heard
singing, and a piano being played in the Alexandra Hotel. He rang
the bell and the door was opened by Mr. Taylor. He said to the
landlord “Who have you on your premises?” and he replied “A few
friends”. Witness said “Are they staying in the hotel?” and Mr.
Taylor said “No, not all of them. I am just giving a little private
party to a friend who is leaving the town tomorrow”. Witness asked
him if he had notified the police, and he replied “No; is it
necessary?” Witness said “I will see your friends”. In a room
upstairs he saw eleven men and a number of women. On a table there
was a number of beer and several spirit bottles, some containing
liquor, and a number of glasses, some of those also containing
liquor. He said to those present “Are you gentlemen all staying in
the hotel?”, and some replied “No, not all of us”, and one said “We
are guests of the landlord, invited here to a party”. He was taking
their names when one of those present drank beer from a tankard, at
the same time wishing him good health. (Laughter) He took the names
and left the room with the landlord, to whom he said “You don't deny
liquor is being consumed?”, and he said “That is what they are here
for, and they also have sandwiches”. He told Taylor he would have to
submit a report and he replied “I am very very sorry if anything is
wrong. I am giving a farewell party to a friend who is leaving
tomorrow”.
Cross-examined by Mr. Mowll: Usually the Chief Constable was
notified and proper police advice was given.
Mr. Mowll addressed the Magistrates, and said the defendant had
pleaded Guilty to the summons because, in his view, however
technical the offence may be, he had committed an offence under
D.O.R.A. He was wrongly under the impression that he was entitled,
as he was entitled under the licensing laws, to have this party, and
that the regulations did not apply in this case. Everything was done
perfectly above board. Music was heard, and the police were welcomed
in. There was no shuffling of glasses to get rid the beer, and even
one of the guests drank the health of the inspector, and wished him
good luck whilst they were there, and the police seized upon that
unfortunate man, who was the person who had landed the licensee
there that day. What they had to consider was whether it was not a
case where a bona fide mistake had been made on the part of the
licensee. He did not know it was necessary to communicate with the
Chief Constable on the matter. He asked the Magistrates to dismiss
the case on the payment of costs. He had only held this licence for
nine weeks.
Defendant said he had held a licence in London for nine years.
The Chairman said defendant should have known the Liquor Control
Orders were still in force. He would be fined £10.
Mr. Mowll: You don't think it ought to affect his licence?
The Chairman: I cannot say that. In the opinion of the Bench it is a
very serious matter.
Mr. Mowll: You don't know whether the regulations are still in force
or not.
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Folkestone Express 5 February 1921.
Local News.
On Tuesday morning at the Police Court the following temporary
transfer was granted: Alexandra Hotel, Beach Street, to Mr. C.N.
Tapsall, Sandwich.
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Folkestone Express 12 February 1921.
Annual Licensing Sessions.
Wednesday, February 9th: Before The Mayor, Alderman Sir S. Penfold,
Alderman Pepper, Rev. H. Epworth Thompson, Councillor Miss I.
Weston, Miss Hunt, Councillor Boyd, Mr. Swoffer, Mr. Blamey,
Councillor Boughton, Councillor Hollands, Councillor Stace, and
Colonel Owen.
The Chief Constable (Mr. H. Reeve) presented his annual report as
follows:- I have the honour to report that there are at present
within your jurisdiction 114 places licensed for the sale of
intoxicating liquor by retail, viz.: Full licences 71, beer on 7,
beer off 6, beer and spirit dealers 15, grocers etc. off 6,
confectioners wine on 3, and chemists wine off 6. This is an
increase of one full licence compared with the return submitted last
year, a licence having been granted to the Grand Hotel at the
adjourned licensing meeting held on 10th March last. This gives an
average according to the Census of 1911 of one licence to every 293
persons, or one on licence to every 429 persons. Thirteen of the
licences have been transferred during the past year. Three
occasional licences have been granted to licence holders to sell
drink on special occasions elsewhere than on their licensed
premises, and 36 extensions of hours have been granted to licence
holders when dinners, etc., were being held on their licensed
premises. Two licence holders have been convicted during the year,
viz.: The licensee of the Prince Albert Hotel was fined £10 and
costs on 28th August for selling beer at a price exceeding the
maximum price under the Beer (Prices and Descriptions) Order. The
licensee of the Alexandra Hotel was fined £10 on 5th October for
allowing the consumption of intoxicating liquor on his licensed
premises after 10 p.m., contrary to the Order of the Liquor Control
Board. During the year ended 31st December last 37 persons (28 males
and 9 females) were proceeded against for drunkenness; 27 were
convicted and 10 were discharged after being cautioned by the Bench
In the preceding year 46 persons were proceeded against for
drunkenness, of whom 34 were convicted and 12 discharged. Twelve
clubs where intoxicating liquor is supplied are registered under the
Act. This is an increase of one since last year's report.
Proceedings have been taken against the steward of one of the
registered clubs for allowing consumption of intoxicating liquor
after 10 p.m., but the case was dismissed on the payment of costs.
There are 24 premises licensed for music and dancing, one for music
only, and two for public billiard playing. As a result of the
reports received from my officers, who have made numerous visits at
irregular intervals to the licensed premises and places of
entertainment, I am able to report that the houses generally have
been conducted in a satisfactory manner.
The Mayor said it was a great source of satisfaction to the Bench
that Mr. Reeve had been able to make a report so favourable as the
one he had submitted, especially in respect to the last paragraph.
It was also a great source of satisfaction to the Bench to know that
the charges for drunkenness were less during 1920 than during 1919.
Forty six persons were proceeded against in 1919, and 37 in 1920,
showing a decrease of 9. The Magistrates had reason to believe from
the report that the licensed houses during the past year, in the
main, had been well conducted.
Mr. Reeve: Yes, sir.
The Mayor said the Bench recognised that the licensees had a
difficult task to perform. There were many Acts of Parliament and
Orders from different Boards which they had to adhere to and carry
out. Speaking personally, he preferred to see himself the
Continental cafe system, which would be a much easier system to
carry out than their public house system, and he did not know why it
had not been tried in this country. He hoped some day someone would
make the experiment. At the Continental cafes they saw any amount of
people having a pleasant time and social intercourse, and taking
their wines or coffee, and spending a very happy time. They had to
deal with the English system, but he hoped that some day the
Continental system would be tried, and that it would be a success on
this side. He hoped that during the coming year the licensees would
exercise the same caution and vigilance as they had during the past,
and that cases of drunkenness would continue to decrease annually.
All the licences would be renewed with the exception of the Prince
Albert. The licence of the Alexandra Hotel had passed into fresh
hands since the conviction, and that would be renewed from that day.
The Prince Albert would be referred back to the adjourned meeting.
The adjourned sessions were fixed for the 9th March.
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Folkestone Herald 12 February 1921.
Annual Licensing Sessions.
Wednesday, February 9th: Before The Mayor, Sir Stephen Penfold, Mr.
G.I. Swoffer, Councillor G. Boyd, Colonel G.P. Owen, Councillor A.
Stace, Alderman A.E. Pepper, the Rev. H. Epworth Thompson, Mr. J.H.
Blamey, Councillor W.H. Boughton, Councillor W. Hollands, Miss A.M.
Hunt, and Councillor Miss E.I. Weston.
The report of the Chief Constable (Mr. H. Reeve) was read. (See
Folkestone Express for details).
The Mayor said it was a great source of satisfaction to the Bench
that the Chief Constable had been able to make a report so
favourable, especially the last paragraph, where it was stated that
all licensed houses had been conducted in a satisfactory manner. It
was also a great source of satisfaction to the Bench that charges of
drunkenness were less in 1920 than in the preceding year. Forty six
persons were proceeded against in 1919, and thirty seven in 1920,
showing a decrease of nine. That was satisfactory. They had reason
to believe, from the report, that all licensed houses had been well
conducted. The licensees had a difficult task, because there were so
many Acts of Parliament and Orders to which they had to adhere and
carry out. Speaking personally, he would prefer to see the
Continental cafe system, as it would be much easier to carry out
than the public house system. He did not know why it could not be
tried in this country, and he hoped somebody would try to introduce
it some day. On the Continent they saw any amount of people having a
pleasant time, having wine or coffee or whatever they wanted, and
going home afterwards none the worse for it. Anyhow they had got
their own system in this country, and they had got to take it as
they found it. He hoped the licensees would exercise the same
vigilance this year as they had exercised in the past, and that
drunkenness would show a decrease. The Licensing Committee had had
the report before them, and with the exception of the Alexandra
Hotel and the Prince Albert Hotel, the whole of the licences would
be renewed. The Alexandra Hotel had passed into fresh hands since
the conviction, and the licence would be renewed that morning. The
Prince Albert Hotel licence would be referred back to the adjourned
meeting next month.
The licence of the Alexandra Hotel, Bridge Street (sic) was
permanently transferred to Mr. C.H. Tapsell, whilst the Packet Boat
Inn, Radnor Street, was transferred to Mr. J. Twigg.
The date of the Adjourned Licensing Sessions was fixed for
Wednesday, March 9th.
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Folkestone Express 25 November 1922.
Local News.
The following transfer of licence was granted at the Folkestone
Police Court on Wednesday morning: The Alexandra Hotel, from Mr.
C.H. Tapsall to Mr. John Edmund Fortune, of Ramsgate.
Note: This is at variance with More Bastions.
|
Folkestone Herald 25 November 1922.
Local News.
At the Folkestone Police Court on Tuesday (Mr. G.I. Swoffer in the
chair), the licence of the Alexandra Hotel was transferred from Mr.
Tapsall to Mr. John Edmund Fortune.
Note: This is at variance with More Bastions.
|
Folkestone Express 13 January 1923.
Local News.
At the Police Court on Wednesday the following licence was
transferred: The Alexandra Hotel, from Mr. C.H. Tapsell to Mr. J.E.
Fortune.
|
Folkestone Express 20 July 1929.
Local News.
On Wednesday at the Folkestone Police Court several applications
were made for music and dancing licences. The magistrates on the
Bench wore Col. G.P. Owen, Mr. J.T. Blamey, Dr. W.W. Nuttall, Miss
A.M. Hunt, Alderman T.S. Franks, Mr. F Seager, and Mr. W. Smith.
Mr. Cork, of the George the Third, Fenchurch Street, and Mr Fortune,
of the Alexandra Hotel, both applied for a music licence in respect
of their premises. They said they intended to have portable wireless
receiving sets and they desired to use them at times during the
hours of opening.
The Chairman said the licences would be granted.
|
Folkestone Express 11 October 1930.
Wednesday 8th October: Before Alderman R.G. Wood, Miss A.M. Hunt,
Mr. F. Seager, Mr. G.I. Swoffer, and Mr. W. Smith.
Stanley Arthur Bishop made application for the transfer of the
licence of the Alexandra Hotel, Beach Street, from John Edmund
Fortune.
The Magistrates' Clerk said a protection order had been granted to
Mr. Bishop and he now asked for the transfer.
Chief Inspector Pittock said the police in London knew of no reason
why the licence should not be granted. The applicant was a man of
good character. He had been a builder.
Applicant said he had been in the building trade at Woolwich and
Romford. He had been living in Brentford and working at Romford.
The Bench granted the application.
A licence for a wireless installation was also granted.
|
Folkestone Herald 11 October 1930.
Wednesday, October 8th: Before Alderman R.G. Wood, Mr. G.I. Swoffer,
Miss A.M. Hunt, Mr. F. Seager, and Mr. W. Smith.
Stanley Arthur Bishop applied for the transfer of the licence of the
Alexandra Hotel, Beach Street, Folkestone, from John Edward Fortune
to himself. He was a builder, and had lived in Brentford.
The application was granted. The Bench also granted an application
for a licence for a wireless installation on the premises.
|
Folkestone Express 14 March 1931.
Adjourned Licensing Sessions.
On Wednesday, at the Folkestone Adjourned Licensing Sessions, the
music and dancing licences were again granted, after the question
had been adjourned for a month, it being explained by Alderman Wood
that the conditions of the licences allowed vocal and instrumental
music to be given during certain hours on Sunday.
The Magistrates on the Bench were Alderman R.G. Wood, The Mayor,
Col. G.P. Owen, Mr. J.H. Blamey, Mr. F. Seager, Alderman A.E.
Pepper, Mr. W. Griffin, Eng. Rear Admiral L.J. Stephens, Alderman A.
Castle, and Miss A.M. Hunt.
The licences of the Bouverie Arms and Alexandra Hotel were
transferred to new tenants.
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Folkestone Express 11 March 1933.
Adjourned Licensing Sessions.
Wednesday, March 8th: Before Alderman R.G. Wood, Dr. W.W. Nuttall,
Mr. J.H. Blamey, Miss A.M. Hunt, Alderman T.S. Franks, Mr. W. Smith,
Eng. Read Admiral L.J. Stephens, and Mr. S.B. Corser.
The licence of the Alexandra Hotel was transferred to Mr. F.J.E.
May.
|
Folkestone Express 19 May 1934.
Inquest.
On Wednesday Mr. G.W. Haines, the Folkestone Coroner, investigated
at an inquest at the Folkestone Town Hall the circumstances of the
death of Mrs. B.M. May, the wife of the licensee of the Alexandra
Hotel, Harbour Street, and who died early on Monday morning at the
Royal Victoria Hospital, where she had been taken some days after
falling downstairs on March 2nd with a broken kneecap. She was
treated at home by herself and her husband, but it was not until Dr.
Dodgson was called in that she became an in-patient of the Hospital.
An operation was performed on the leg, and at the beginning of this
month septicaemia set in, and this ultimately resulted in her leg
having to be amputated. She, however, became worse and died.
Mr. Francis Joseph Edwin May, the licence holder of the Alexandra
Hotel, Harbour Street, said his wife was 42 years of age. They had
been at the hotel just over twelve months. On March 2nd his wife
brought a cup of tea down to him from the kitchen at about 7.30 a.m.
She went upstairs and he got up and went down into the bar. He came
upstairs about 8.30 a.m., and she was then sitting on the steps
leading to the kitchen. He asked her what was the matter, and she
replied “I have come a cropper” or words to that effect. He helped
her downstairs to her bedroom and persuaded her to get into bed. She
said “I have hurt my leg”. He looked at it to see if there were any
bones broken, and it hurt her when she bent it. She got into bed and
he placed hot fomentations on it and she said it eased it. They
continued that treatment for a fortnight and painted the leg with
iodine. The leg was swollen at the start, but the swelling gradually
went down. He ultimately called in Dr. Dodgson, who came to see her
and said it was a hospital case. His wife was removed by the
ambulance to the Hospital. She told him at the time of the accident
that she tripped on the stairs, and he noticed that one of the
wooden stair rods was out of place.
Dr. A.C. Saunders, resident House Surgeon at the Royal Victoria
Hospital, said deceased was admitted on March 19th. She was X rayed,
and it was found that there was a transverse fracture of the left
kneecap. She was operated on the next day. On March 25th they
noticed the wound was infected. The knee was not swollen much, but
on opening it there was an old blood clot and some fluid. The
infection became rapidly worse, and ultimately she died on May 14th.
She developed septicaemia at the beginning of May, and on May 11th,
following a blood transfusion, they amputated her leg. Her
condition, which was such that a blood transfusion was necessary,
remained satisfactory for the next two days, and then on the evening
of May 13th she became worse, and died at 4 a.m. the following
morning from septicaemia. She was not of robust health, but
generally poor health would leave her more open to that infection.
She told him she fell downstairs.
The Coroner returned a verdict in accordance with the medical
evidence.
|
Folkestone Herald 19 May 1934.
Inquest.
An inquest was held by the Folkestone Coroner (Mr. G.W. Haines) at
the Town Hall on Wednesday on Mrs. Bertha Mary May, 42, the wife of
a Folkestone licensee, who died at the Royal Victoria Hospital after
an operation.
Francis Joseph Edwin May, the licensee of the Alexandra Hotel,
Harbour Street, identified the body as that of his wife. Witness
said he had held the licence of the Alexandra Hotel since February
28th, 1933. They had been married 18 months. On the morning of March
2nd his wife brought him a cup of tea from the kitchen, which was
upstairs. She went upstairs again, and he went down to the bar to
clean up. When he came up about 8.30 a.m. his wife was sitting on
the steps leading to the kitchen. He asked her what was the matter,
and she said “I have come a “cropper””, or words to that effect. He
helped her down the stairs and she laid on the bed. He persuaded her
to get into bed. She said that she had hurt her leg. He looked at it
to see if there was any bone broken. It hurt her when she bent the
leg. She got into bed, and he put a hot fomentation on it, which she
said eased the pain. He continued doing that for a fortnight, and
also painted it with iodine. The swelling gradually went down. His
wife did not get up during that time. Subsequently he called in Dr.
Dodgson, who said it was a case for the hospital, and his wife was
removed there by ambulance.
The Coroner: Did she tell you how she did it? – She told me at the
time that she tripped on the stairs. I noticed that one of the stair
rods was out of place.
DR. A.C. Saunders, resident House Surgeon at the Royal Victoria
Hospital, said deceased was admitted on March 19th. An X-ray
examination showed a transverse fracture of the left patella
(kneecap). An operation was performed the next day. On March 25th it
was noted that the wound was infected. The septic trouble increased
and Mrs. May died on May 14th. Witness said on May 11th a blood
transfusion was carried out, and deceased's condition improved so
that six hours later the leg was amputated. Her condition remained
satisfactory for the next few days, but on the evening of May 13th
her condition became worse and she died at 4 a.m. on May 14th from
septicaemia.
The Coroner: What was her general health condition? Was it such as
to render her more susceptible to this condition being set up? – She
was not in robust health; an average poor type of general health.
Did she make any statement to you about how it happened? – She told
me she had fallen down the stairs.
The Coroner returned a verdict in accordance with the medical
evidence.
|
Folkestone Express 12 January 1935.
Local News.
Richard Thomas Sibley, of 4, St. John's Church Road, came before the
Folkestone Police Court on Tuesday, summoned for consuming
intoxicating liquor at the Alexandra Hotel, Folkestone, at 11.15
p.m. on December 22nd, and Francis J.E. May, the licensee, was
summoned for aiding and abetting. Mr. B.H. Bonniface appeared for
both the defendants, and pleaded Not Guilty.
On that day, the Saturday before Christmas, there was an extension
of hours until 11 p.m., which had been granted by the Magistrates.
The Magistrates present were Mr. R.G. Wood, Judge H. Terrell,
Alderman J.W. Stainer, Mr. L.G.A. Collins, Eng. Rear Admiral L.J.
Stephens, and Alderman W. Hollands.
After a lengthy hearing the Bench dismissed the case.
Inspector Rowe said he was on duty outside the Alexandra Hotel at
11.15 p.m. with P.S. Butcher, and looking through the window he saw
a number of persons in the saloon bar. He tried the door, which was
locked. He then shook the door, and the licensee's son appeared,
unfastened and opened the door, which was either locked or bolted.
With P.S. Butcher, he went into the saloon and saw four persons. The
defendant Sibley was sitting on a chair with his back to the
entrance to the saloon bar. His wife, Mrs. Sibley, was alongside
him. The licensee was standing with his back towards the serving
counter on the public side, and there was a fourth person present,
Mrs. Kay, the housekeeper to the licensee. On the counter by Sibley
was a pint glass half full of ale, which witness could tell by the
colour, and near the defendant May was also a pint glass half full
of ale. He did not taste what was in the glass, but he was satisfied
it was ale, usually called bitter. As he entered the door he saw
Sibley take a drink from the glass he had alongside him. He had not
observed the witness at that time as he had his back to him. He
(witness) said to the licensee “Who are these people here?” and he
explained that Sibley was employed to play the piano and wash
glasses. His wife was with him, and the other lady was the
housekeeper. Witness told him the time was 11.15 p.m., checking the
time with P.S. Butcher before going into the house. He told Sibley
he would be reported for consuming intoxicating liquor after
permitted hours, and Sibley replied “I hope you make a case of it”.
He did not deny there was beer in the glass. He (witness) told the
licensee he would be reported, and he said “All right”. Sibley then
said he had been at the piano for half an hour; they could not
expect him to play and drink too. He (the Inspector) was of opinion
that May was under the influence of drink, if not drunk, and the
defendant Sibley also had had enough to drink.
Mr. Bonniface objected to the form of the last question put to the
witness, and said the matter should be restricted to the defence
which was in front of them. Those questions could be nothing but
prejudiced.
Answering Mr. Bonniface, defending, Inspector Rowe said there was a
fire burning in the saloon bar, but he did not notice a kettle on
the fire. Besides the two glasses he saw there were also a number of
glasses which had been washed up and turned upside down. He did not
know that the person described as the licensee's son was employed in
the business, but he knew Mrs. Kay was also employed as a barmaid.
There were three bars.
Apparently, said Mr. Bonniface, the licensee and his employees had
just finished work. Everything was washed up at 11.15?
Witness: Yes. The bar was not fully lighted; in fact, bar keepers
usually dropped their lights immediately the people went out.
P.S. Butcher said that on December 22nd he and Inspector Rowe were
outside the Alexandra Hotel. He noticed some people in the saloon
bar through two of the blinds of the windows. The bar was not
exceptionally well lit. The Inspector went to the entrance of the
hotel, pushed the bell-push, and tried the door, which did not
yield. After the Inspector had shaken the door, someone came.
Witness went in with the Inspector, and the nearest person to them
as they entered was Sibley, seated with his back half-turned to
them. His wife was standing adjacent to him, and the housekeeper was
sitting on a table at the far side of the bar. The licensee was on
the public side of the bar, facing them. As they entered the bar
Sibley took a drink from a glass which was on the counter containing
bitter. He noticed another glass containing bitter adjacent to where
the landlord was standing. He also noticed another glass to the left
of Sibley which was a quarter full of stout. He heard the Inspector
speak to the licensee and the explanation given by him, and also
Sibley, who said “I hope you make a case of it”. Sibley later said
“I have been playing the piano all the evening; the drink has been
standing there. I cannot drink and play too”. He heard what the
Inspector said to the licensee, who said “All right”.
Mr. Bonniface: You could see the figures in the bar. How long do you
think it was between the time you first knocked at the door and when
you were let in?
Witness: About a minute.
People had time to have drunk their beer if they wanted to hide
anything? – Yes.
You agree the licensee told you Sibley was employed there? – Yes.
Mr. Bonniface said that summons was taken out under Section Four of
the Licensing Act. People who were not customers, under Section Five
of the Act, were allowed intoxicating liquors at certain hours as
private friends, and this man (Sibley) was an employee, who came
under the same provisions as private friends.
Sibley said he had been working in the bar from 7 p.m., having been
collecting glasses and putting them on the counter. There was a lot
of glasses and they soon got broken. He had been doing this for six
months, on Fridays and Saturdays when they were busy. Witness was
paid a shilling a day, with a drink and supper. On that particular
evening he also played the piano when the work eased off a bit. He
watched points and kept an eye on things. He remembered the licensee
call time at ten minutes to eleven, and he went to the door with the
idea of getting the troops out. There were a lot of soldiers there
that night. Everybody was off the premises by 11. Witness came round
and collected the glasses and went behind the counter and washed
them. Eddie, who was Mrs. Kay's son, and Mrs. Kay were also working
there. At ten minutes to eleven the licensee told witness to go up
and get the shilling and have his drink. The kettle was on, and
there were generally some sandwiches left which he had for his
supper, but they were all gone and the “governor” was going to send
out for some fish and chips. The reason his wife was there was that
she forgot about the extension and came down to see where witness
was. She had a drink in the first part of the evening. He was paid
his 1s. that night, and worked after the customers had gone,
clearing glasses.
In answer to the Chief Constable (Mr. A.S. Beesley), the defendant
said he had no regular employment and he had been paid 2s. a week by
the licensee for the last six months. The place was packed between 7
and 10 on Friday and Saturday nights, full enough to be
uncomfortable. Mrs. Kay, her son Eddie, and the licensee were
continually serving between 7 and 10 p.m. Witness had no National
Health Insurance book or unemployment card. His employer did not buy
anything for him. He got a supper there when he wanted it. He got no
dole, but was a pensioner getting £2 a week.
Francis J. May, the licensee, said he employed Sibley to keep an eye
on the glasses passed up to the counter and if necessary give help
in washing them up. Sibley was an ex-serviceman and he liked to put
something in his way, so he gave him a shilling and supper, and
rather than see sandwiches wasted he gave them to him. After 11 on
the night in question Sibley cleared away the tables and washed
glasses up. At a quarter to eleven witness said “Go up and get your
drink now and get fixed up as I am going to call time by ten to
eleven”, as he wanted to clear the house, which was full. He thought
it was necessary to employ Sibley, as he had lost several things.
“One week”, he said, “I lost nine wine glasses and five ash trays”,
and he had had him for six months at weekends.
The Chief Constable: Are there some Saturdays in the last six months
when you have not paid him?
May: I have no recollection of not having paid him.
Proceeding, he said that evening the sandwiches were all eaten and
he was sending a boy out to get some fish and chips when the
officers arrived. A busy evening was when they got forty or fifty in
and for the sake of a shilling he thought he would get somebody in
to help – a man who would be glad to earn it.
The Chief Constable told Mr. May that on Saturday, November 17th, he
had 56 people in his house at 8.20 p.m., and on June 23rd, a
Saturday, he had 35 at 9.35. Did it require four people to handle
them?
Defendant said there was no hard and fast rule for Sibley; he came
in when he liked.
The Bench dismissed the case, as stated.
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Folkestone Herald 12 January 1935.
Local News.
Francis D.E. May, licensee of the Alexandra Hotel, Harbour Street,
Folkestone, and Richard Thomas Sibley, of St. John's Church Road,
Folkestone, were summoned at Folkestone Petty Sessions on Tuesday
for alleged breaches of the Licensing Act. Sibley was summoned for
consuming intoxicating liquor, namely ale, at the Alexandra Hotel,
on December 22nd, during non-permitted hours, and May for aiding and
abetting him.
The Clerk (Mr. C. Rootes) stated that 10 p.m. was the usual closing
time, but on this occasion an extension had been granted by the
Bench to 11 p.m., and the alleged offence occurred at 11.15 p.m.
Mr. R.G. Wood was in the chair, and the other Magistrates were
Alderman W. Hollands, Alderman J.W. Stainer, Engineer Rear Admiral
L.J. Stephens, Mr. W.R. Boughton, and Judge H. Terrell, K.C.
After hearing evidence the Magistrates dismissed the case against
both defendants.
Mr. B.H. Bonniface defended in both cases, and entered a plea of Not
Guilty.
Det. Insp. Rowe said he was on duty outside the Alexandra Hotel at
11.15 p.m. on December 22nd, in company with Police Sgt. Butcher.
The Alexandra Hotel was situated on the corner of Beach Street and
Harbour Street. He looked through a window, and in the saloon bar he
saw a number of persons. He tried the door and it was locked. He
then shook the door and the licensee's son came to the door,
unfastened and opened it. It was fastened by either a lock or a
bolt. He went into the saloon bar with Police Sgt. Butcher, and
there saw four persons, including the defendant Sibley, who was
sitting in a chair with his back to the entrance to the saloon bar.
His wife, Mrs. Sibley, was beside him. The licensee was standing
with his back against the serving counter, on the public side of the
counter, and the fourth person was Mrs. Kay, the housekeeper to the
licensee. On the counter near Sibley was a pint glass half full of
ale.
The Chief Constable (Mr. A.S. Beesley): How do you know it was ale?
– I know the colour of ale.
Det. Insp. Rowe, continuing, said near May was also a pint glass
half full of ale.
The Chief Constable: Have you any doubt as to what was in these
glasses? – I didn't taste it, sir, but I certify it was ale, usually
called bitter.
Continuing, the witness said as he entered the bar he saw Sibley
take a drink from the glass which was beside him.
The Chief Constable: Had Sibley observed you at that time? – No, he
had his back to us as we came in.
Det. Insp. Rowe said he asked the licensee “Who are these people
here?” and he explained Sibley was employed there to play the piano
and wash glasses. His wife, Mrs. Sibley, was with him, and the other
lady was his housekeeper. He told the licensee the time was 11.15.
The Chief Constable: By what were you going? – My watch. I checked
my watch by Sgt. Butcher's before we went into the house.
Was your watch correct? – Yes.
Did you produce it to the licensee? – Yes.
Mr. Bonniface said there would be no question of time.
Continuing, Det. Insp. Rowe said he told Sibley he would report him
for consuming intoxicating liquor, having first indicated the bitter
in the glass, during non-permitted hours, and he replied “I hope you
make a case of it”. He told the licensee he would be reported, and
he replied “All right”.
The Chief Constable: Did you make it clear what he was being
reported for? – Yes.
Sibley then said, Det. Insp. Rowe continued, “I had it on the piano
for half an hour. You cannot expect me to play and drink too”.
The Chief Constable: What was the condition of the defendants? – May
was under the influence of drink, but he was not drunk. Sibley had
also had enough to drink.
Mr. Bonniface: I do object to that question. Hat question can be
nothing else but prejudice. If the licensee had been under the
influence of drink, my friend has his remedy in another summons.
These questions should be restricted to the summons in front of you.
I consider it has been put in for nothing else than prejudice.
In reply to cross-examination by Mr. Bonniface, Det. Insp. Rowe said
this had occurred in the saloon bar, where there was a fire burning,
but he did not notice a kettle on it.
Mr. Bonniface: In addition to two glasses you say you saw, were
there also a number of glasses which had been washed up and turned
upside down on the counter? – I saw some there, but they appeared to
be dry.
And turned upside down to drain? – Yes.
The person you have described as the licensee's son, is he employed
in the business? – I don't know.
Do you know Mrs. Kay is also employed in the business as a barmaid
in addition to being housekeeper? – Yes.
How many bars are there? – Three.
Apparently, on the face of it, as you looked round the licensee and
his employees had just finished their day's work? – Yes.
Everything was washed up at 11.15? – Yes. The bar wasn't fully
lighted.
Licensees often drop their lights when people go out? – Yes.
Mr. Bonniface: There is nothing unusual in that.
Sgt. Butcher said he was with Insp. Rowe outside the Alexandra
Hotel, when he noticed some people apparently standing in the saloon
bar. He corroborated the evidence given by Det. Insp. Rowe.
Cross-examined by Mr. Bonniface, he said there were no curtains up
at the window.
By going up to the windows you could see there were people there? –
You could just see figures.
How long do you think it was between when you first rattled the door
and the time you were let in? – A minute.
Plenty of time for people to have drunk their beer? – Yes, plenty.
If they had wanted to hide anything, plenty of time to do that? –
Yes.
Addressing the Bench, Mr. Bonniface submitted that Sibley was within
the provisions of Section five of the Act. That summons, he said,
had been taken under Section four, but Section five allowed people,
who were not customers, to have intoxicating liquor during
non-permitted hours. What he proposed to do was to prove to them
that Sibley was not a customer, but an employee, and therefore came
under the provisions as provided in the Section.
Richard Thomas Sibley, of St. John's Church Road, Folkestone, said
he was in the bar of the Alexandra Hotel at 11.15 on the night in
question. He had been at the Alexandra since 7 o'clock that evening.
Firstly he had been collecting glasses up and washing them up on the
counter. That stopped them from accumulating, and was necessary
because if there was a lot of people in the bar the glasses soon got
broken. It was an arrangement between himself and the licensee that
he should do that, and he had been doing that for six months when
they were busy. He always did it on Fridays and Saturdays. The
licensee paid him 1s., and he was allowed to have a drink, and
sometimes his supper.
Mr. Bonniface: On this particular evening, you say during the first
part of the evening you had been handing up the glasses. What other
work had you done there? – When it eased off a bit, played the
piano.
But as far as work was concerned, what else did you do? – I watched
points and kept my eye on things.
Do you remember the licensee calling time? – He came and told me he
was going to call time at 10.50.
Did he give you any instructions? – As soon as he called “Time”, I
went to the door.
What was that with an idea of doing? – Getting the troops out.
That was part of your work? – I understand that.
What time were they out by? – Everybody was off the premises by 11
o'clock.
What did you do then? – I collected up the glasses, went round
behind the counter, sluiced them and turned them upside down to
drain.
Was there anybody else working in the bar? – Eddie and a lady.
Who do you mean by “a lady”? – Mrs. Kay.
Mr. Bonniface stated Eddie was Mrs. Kay's son, and not the
licensee's son, as the police had stated.
What happened when you finished your work? – He told me I could get
my 1s., and have a drink. I did so.
What about your supper? – The kettle was on. I generally had
sandwiches, but there weren't any left, so the licensee was going to
send for some fish and chips.
Why was your wife there? –She had forgotten about the hour's
extension and came down to see where I was.
She did not have any drink at all? – She had one in the first part
of the evening, but not at that time.
And you say you were paid 1s. for your work that night? – Yes.
And you worked after the customers had gone? – Yes.
The glasses the Inspector said he saw turned upside down? – Those
were the ones I did.
Cross-examined by the Chief Constable, Sibley said he had no regular
employment.
During the last six months how many shillings have you collected? –
Only weekends.
Regularly, 2s. every weekend, for six months? – Yes.
Do you swear that? – Yes.
Will you tell the Bench how many people there are during the hours
of 7 till 10 on a Saturday night? – The place is packed usually.
And Friday night? – It is full enough to be uncomfortable.
Is it as full on Friday as Saturday? – Mostly Friday is the best
night.
Does Mrs. Kay serve as a barmaid? – Yes.
And Eddie? – Yes.
Is the licensee usually on the premises? – Yes.
How many bars are there? – I have only seen two.
Do you think the licensee, a barmaid and a boy could manage the bar
without paying you 1s. a week? – No, not serving as well.
You say three persons, serving there from 7 till 10, haven't the
time to collect glasses? – Yes.
Have you a National Health Insurance book? – No.
An unemployed insurance card? – No.
Doesn't your so-called employer pay anything for these two things
for you? – No.
How often do you get a supper? – When I want it.
Did you want one badly on December 22nd? – I have it if I feel I
want it.
How do you exist on 2s. a week? – On my pension of £2 a week.
Surely you pass up those glasses casually as other customers do when
they are in a bar? – No.
Have you seen other customers pass their glasses up? – Only in
civility.
Have you been in the house on other occasions? – Yes.
Do you pass the glasses up then? – I might do it out of civility.
If you did, would you expect a drink for it? – Yes.
Mr. Bonniface: You don't suggest you do it because you get a drink?
– No.
Francis D.E. May, the licensee of the Alexandra, said he employed
Sibley to keep an eye on the glasses, to pass them up to the
counter, and if necessary give a hand with washing them. Sibley was
a disabled ex-Service man and he liked to put a little thing in his
way. He generally paid him 1s. and also gave him a supper, and if he
did not eat it there he took it away with him. Witness generally had
a lot of sandwiches left over and instead of wasting them he gave
them to Sibley. That night he had none left over at all, in fact he
had not had enough. After 11 o'clock Sibley had cleared the tables,
and then he went round and washed the glasses. He was paid. At 10.45
he (witness) went round to the counter and he whispered to Sibley to
go up and get his drink as he was going to call “Time” at 10.50 to
have it all clear by 11 o'clock, as it was so full.
Mr. Bonniface: Is it necessary for you to have someone there? –
Very. I have lost a lot of glasses and have had a lot of things
stolen. One week I lost nine wine glasses and five ash trays.
How long have you employed Sibley? – For six months, weekends.
He has always done this particular work? – Yes.
On this particular night, December 22nd? – Yes.
It was not unusual; in fact it has been usual for the last six
months for him to be so employed? – Yes.
Cross-examined by the Chief Constable, May stated he made a practice
every Friday and Saturday of giving Sibley 1s.
Not necessarily always? – Yes, when he does the work.
Are there some Saturdays during the last six months when you have
not paid him? – I have no recollection.
Do you generally give him something to eat? – Yes. Left over
sandwiches. Sometimes he wants them, sometimes he doesn't, and
sometimes he takes them away.
Do you provide him with any other sort of meal if there are no
sandwiches? – It is about the first time there have been none.
You had been eaten out? – Yes, I was sending out for some fish and
chips when the officers arrived.
What do you call a busy evening, when it becomes necessary to employ
four people? – When there are about 40 to 50 in, and it is awkward
going round the counter to collect glasses. I would sooner pay 1s.
and get someone to do it.
Do you really think it is necessary to enter into a contract with
this man for 2s. a week to pick up these glasses? – Yes, I do think
it is necessary when I lose so many.
Mr. R.G. Wood: Did you engage him to come at any set time? – No, he
comes in when he likes.
The defendants were dismissed as stated, the Chairman of the
Magistrates adding, “We take the view that under the Clause you
mention this should be the exception”.
|
Folkestone Herald 11 January 1936.
Local News.
The Folkestone Magistrates on Wednesday granted permission for
slight alterations to be made to the Alexandra Hotel.
|
Folkestone Herald 28 May 1938.
Local News.
Hidden by bushes in a coppice between Caesar’s Camp and Sugar Loaf
hill, a young Folkestone woman was found dead on Thursday evening.
The cause of death is believed to have been strangulation, and
yesterday the Folkestone Police called in New Scotland Yard to
assist them in their enquiries. It was officially stated last night
that the woman was Mrs. Phyllis Butcher, aged 22, who had resided in
the town for some years, living apart from her husband.
The discovery of the body was made shortly after 6 o’clock on
Thursday evening by Kenneth G. Andrews, a 16 year old boy living in
Ethelbert Road. He was playing about among the bushes at the foot of
the hills between Holy Well and Caesar's Camp when he saw what he
thought was a woman sleeping. As she did not move, however, when he
spoke and touched her he realised that something was wrong and he
ran back to his home and informed his father.
The police were communicated with and the Chief Constable (Mr A. S.
Beesley), who was attending a Masonic function at the time, was
informed. He immediately left for the scene of the tragedy and on
arriving there took charge of the investigations.
Chief Inspector W. Hollands and the Police Surgeon, Dr. W.C.P.
Barrett, were also summoned, and the latter made an examination of
the body on the spot. He formed the opinion that the cause of death
was strangulation. The body was lying on its back with the face
upwards. The whole of the body was covered with a blue stuffed coat,
presumed by the police to be the dead woman’s property. Throughout
the night the police continued their investigations and when the
Chief Constable and other senior officers left some time later,
other officers were left on guard. Photographs were taken of the
body and the place where it was found before the body was removed in
an ambulance to the mortuary at the Cemetery.
Yesterday the Chief Constable called j in the help of New Scotland
Yard and Chief Inspector W. Parker and a detective sergeant arrived
in the town shortly before noon. There was no evidence of a struggle
having taken place at the spot where the body was found, and the
possibility of the woman having been brought there from somewhere
else after death was not rejected from the line of enquiry followed
by the police. The period the body had lain there was also closely
investigated and the opinion formed that some hours had elapsed
since death when young Andrews made his discovery. The clothing was
damp and rain had fallen heavily up to early Thursday morning.
Although some distance from the string of paths which run along the
foot of the hills, access to the place from either Crete Road West
or Hill Road would not be impossible. A field separates Hill Road
from the spot, and the distance from the road is over 300 yards.
This would be the more likely method of approach if a person were
carrying someone.
The Chief Constable made an appeal through the Press last night
asking anyone who had lodged Mrs. Butcher during the past week to
get into touch with the Folkestone Police at once.
The official description of the woman is as follows: “Aged 22,
height 5 feet 3 inches. Hair brown and bleached, more flaxen than
brown; slim build. Dressed in a dark green frock with a scarf of
similar material which was tied tightly round the neck. Blue shoes,
no stockings or hat, and a blue coat which was covering the body”.
Enquiries which have been made show that the woman was last seen
alive on Monday evening in Folkestone. Since then the police have no
trace of her movements. The police state that they have a number of
lines of enquiry which are being closely followed up.
Although the name of the woman is given as Mrs. Butcher, it is
believed that she had used other names, including “Mrs. Spears”.
It is believed that she was employed at a Folkestone hotel as a day
cleaner last summer. The manager of the hotel said the woman was a
good worker and appeared to be of a good type. “I had no complaint
at all to make about her work”, he said. “She worked here most of
the summer.”
Kenneth Andrews told the "Folkestone Herald” last night that he left
his house at about 5.20 p.m. on Thursday and cycled up towards
Caesar’s Camp. “I then walked and crawled through trees and bushes”
he said, “at the bottom of the Caesar’s Camp looking for nests. I
crossed a stream and as I crawled through a bush I noticed what
appeared to be a bundle. I took a closer look and saw that it was a
girl’s head, and part of her leg was also showing. I shouted and
touched the head with the stick but nothing happened. I then went
home and told my father who fetched a policeman”.
Mr. John Andrew, the father, said he had been at that spot that
afternoon and must have been within a few yards of the body.
“I didn’t notice anything” he added, “as it is a place that one
could only crawl into”.
|
Folkestone Express 4 June 1938.
Local News.
Where did Mrs. Phyllis May Spiers, aged 22 years, the Folkestone
woman found strangled not far from Holy Well in a small coppice at
the foot of the hills on Thursday night in last week, stay on the
Monday and Tuesday nights previous to her murder? That is a point
upon which the Folkestone Police desire to have information from
anyone who can assist them. Mr. A.S. Beesley, the Chief Constable,
last night said: It is of the utmost importance that people knowing
where Mrs. Spiers stayed on either of these nights should
communicate with us immediately, without them waiting for the Police
to call on them. It certainly would he assisting the interests of
justice if anyone with information of use to the Police would get
into touch with them immediately.
The body of Mrs. Spiers, a married woman separated from her husband,
and a foster child of Mrs. Minter, who formerly lived at a lodging
house in Radnor Street, was first discovered by Kenneth George
Andrews, a sixteen year old youth residing with his parents in
Ethelbert Road. He was looking for birds’ nests at the time, when he
saw what appeared to be a bundle. Looking closer, he saw that a
portion of a woman’s head and leg were showing. He immediately
proceeded to his home and informed his father, who at once found the
constable on the beat, and particulars of the discovery were
telephoned to Police headquarters.
Mr. Beesley, the Chief Constable, was immediately informed and he,
accompanied by Chief Inspector Hollands, Dr. W.C.P. Barrett and Det.
Constable Bates, the Coroner's Officer, were speedily at the scene.
They found amongst the bushes the body of a woman completely covered
with her blue coat, lying on her back with her head down the sloping
ground.
Dr. Barrett made an examination, and gave it as his opinion that the
woman had been strangled by her green scarf which had been knotted
tightly round her throat.
The body was subsequently removed to the mortuary, where a long and
careful examination was made by the Chief Constable, who took charge
of the case, and the Police Surgeon.
The C.I. Department worked throughout the night trying to establish
her identity and making numerous other enquiries. It was clear from
the first examination by Dr. Barrett that the woman had been lying
where she was found at least 24 hours. Before it was taken away
photographs were taken of it and the surrounding land. An intensive
search for possible clues was at once commenced by detectives of the
Folkestone Force.
Early on Friday morning the Chief Con stable decided to seek the
assistance of Scotland Yard, and a few hours later Det. Inspector
Parker and Det. Sergt. Scarsdon, from the Yard, arrived and began
investigations in conjunction with the Chief Constable and his
officers. There were no signs of a struggle at the place where the
body was found, and thf fact that the clothing was very wet showed
that it was there on the Wednesday night when there was heavy rain.
The Chief Constable, Det. Inspector Parker, and numerous officers
have ceaselessly and energetically carried out investigations from
the time they began them. As a result it has been established that
the murder occurred about fifty feet distant from the place where
Mrs. Spiers’ body was found. She had been passing in the name of
Butcher for some time in Folkestone, where she had been employed at
hotels and cafes.
On the Saturday previous to her death she went to a house in Garden
Road, where she engaged a room, telling the landlady that her name
was Minter, and that she had come from Tooting to take up a position
as a waitress at a cafe on the lower sea front. She brought no
luggage with her, and slept at the house on Saturday and Sunday
nights. On Monday morning she left the house, apparently to go to
her work, after arranging with the landlady to meet her so that she
could take her to the pictures. The landlady kept the appointment,
but Mrs. Spiers did not, and she did not see her again. When the
landlady returned to her home she noticed that a "man without a hat
and wearing a light mackintosh was apparently waiting outside. On
Monday morning Mrs. Spiers walked along the Marine Promenade, for
she had her photograph taken as she was doing so. From that time
there seems to be no connected story of her movements. It is stated
that she was seen on Tuesday night with a tall man wearing a
mackintosh. So far as is known she was last seen alive on Wednesday
at about a quarter to twelve in a Sandgate Road shop, and therefore
the probable time of her death was between noon and three o’clock on
Wednesday in last week.
The enquiries of the Police have been of a very extensive character,
and have extended over a wide area of the country. Mrs. Spiers
attended many dances in the district, and was known to many men, not
only in Folkestone, but in the military camps at Shorncliffe and the
R.A.F. at Hawkinge. Over sixty men have been interrogated by the
Police, and the processes of elimination is still proceeding. The men
include soldiers, airmen and civilians.
On Saturday night, a report was received from the Sandwich district
that a man who had been stopped in a country lane by a Kent County
police officer and questioned had stated that he had come from
Folkestone and that he admitted he was responsible for the murder of
Mrs. Spiers. Mr. Beesley and Det.Insp. Parker, and other officers
without delay motored over to Sandwich, but on questioning the man
they quickly came to the conclusion that he had had nothing to do
with the crime.
A section of the Force had arranged to visit Epsom to see the Derby,
but in view of the crime the immediately cancelled the arrangements.
Under Inspector Heastie a number of officers, in plain clothes, have
made a house-to-house visit in the Cheriton, Morehall, Foord and the
surrounding streets and roads, and the East Cliff districts, and
have shown a photograph of Mrs. Spiers to the occupiers. They have
also asked if she was known or had stayed there. Mr. Beesley, asked
last (Thursday) night if that had brought any results, replied “It
has brought some crumbs of useful information”.
On Wednesday, Dr. Bernard Spilsbury, who has assisted in the
unravelling of many murders, came to Folkestone at the request of
the Chief Constable, and he, in company with Dr. Barrett, the Police
Surgeon, and the Chief Constable, conducted a long examination of
the body of the murdered woman at the mortuary. A large number of
exhibits which have been collected in the investigations have ai.so
been seat to London for examination by Dr. Roche Lynch, the Home
Office expert.
It was at one time thought that the theft of a Harley Davidson motor
cycle from a Folkestone garage during Tuesday night or Wednesday
morning had some connection with the crime, and the police of the
whole of the country were asked to try and trace it, but that has
now been ruled out by the officers engaged in the case.
The cause of Mrs. Spiers’ death was not by asphyxiation, but the
scarf having been tied so tightly the flow of blood through the
carotid artery was snapped, and so her death must have been
instantaneous.
The inquest was opened on Monday afternoon at the Folkestone Town
Hall. Mr. G.W. Haines, the Borough Coroner, sat with a jury of ten.
There was a large attendance of the public. Only three witnesses
gave evidence, and the enquiry was then adjourned to July 8th.
The Chief Constable (Mr. A.S. Beesley) was the first witness. He
said at 7.15 p.m. on Thursday he was called to a spot in a small
coppice or wood, and was accompanied by the Coroner’s Officer. At
the foot of the hill to the north of Folkestone between Caesar’s
Camp and Sugar Loaf Hill he saw a woman lying on her back covered
pretty well from head to foot with a woman’s blue coat. The
photograph produced was as she was found.
This photograph was handed to the members of the jury to examine.
The Chief Constable, continuing, said the woman was lying on a
slight decline with the head downwards. The lower portions of both
legs were exposed from a point about half-way below the knee. She
had no stockings, but she wore a pair of low-heeled shoes. Her face
and head were covered, but a portion of her back hair, which was
flaxen in colour, was exposed, and was lying straight out behind the
body. “I moved the coat”, Mr. Beesley continued, “and exposed the
face and felt it. The face was quite cold, but soft to the touch. It
was of good colour and in fact quite natural. I formed the opinion
she was dead. Her nose was swollen and discoloured and blood was
oozing from the left nostril. I completely removed the coat and
found she was she was lying on her back with her arms and legs
flexed, her knees drawn. She was wearing a pair of panties, which
just covered her thighs. They were in good condition, but badly
torn, especially at the back. Her green frock was pulled or dragged
right up, back and front, level to her breasts, leaving the whole of
the breasts and body bare. Very extensive bleeding scratches led
from her legs right up to the thighs. They were especially numerous
on the front. There were deep indentations on the lower part of the
body made by pressure of the earth and dry pieces of twig and briar
upon which she was lying. All clothing was saturated with rain,
except the back of the dress, which was dry. The photographs put in
were taken at once”.
The jury were also handed these photographs to examine.
Dr. W.C.P. Barrett, the Police Surgeon, said he saw the body in the
coppice where it was found. The woman was dead. He had since made a
post mortem examination. There was a long bruise measuring four
inches on the left arm. There were two large spots, dark in colour,
on the chest. There were scratches on the left collar bone and there
were multiple scratches on the lowerr limbs right up to the groin,
but mainly on the front, but with quite a few on the back. There was
a deep indentation right around the neck, front and back. The
stomach contained ten small lumps of potato and brownish fluid
resembling soup. The bruises and scratches were definitely
ante-mortem. Death was due to strangulation caused by pressure on
the main arteries to the head. Rigor mortis had set in and the limbs
were rigid. The face was of a natural colour. His opinion was that
she had not been dead longer than two days. Death might have
occurred under that time. There was no sign of putrification.
The Coroner: There must have been considerable pressure to stop the
flow of blood?
Witness: No. I tried it on myself last night and it is surprising
how little pressure is needed to make you feel faint.
Arthur Charles Spiers, 29, Sidney Road. Bexhill-on-Sea, said he was
27 years of age and was a milk roundsman. He was formerly in the
Army, stationed at Shorncliffe. When in the Army he became
acquainted with the deceased and knew her as Phyllis Minter. They
were married on April 11th, 1932, at the Folkestone Register Office.
On January 25th, 1933, his wife gave birth to a daughter, who was in
his custody. He returned to Bexhill and got work there. On April
13th, 1934, his wife left him with the baby, following a quarrel
over a letter she had received. He tried to patch it up once or
twice. He last saw her alive three years and ten months ago at
Hastings. In November last he applied for a Poor Persons divorce. He
did not know where she was living. His application for divorce was
based on desertion. She was 16 years and five months old when he
married her. He visited the Folkestone mortuary on Friday afternoon
and identified the body as that of his wife. He could not say
whether she followed any occupation.
The Coroner said he did not propose to take any further evidence.
The Chief Constable: My application is that you should adjourn the
enquiry for at least a month.
The Coroner: I will adjourn the inquest until 8th July at 2.30 p.m.
The police have many enquiries to make, and the jury will have to
come again.
|
Folkestone Herald 4 June 1938.
Local News.
The inquest on Mrs. Phyllis M. Spiers, who was found strangled near
Caesar’s Camp last week, was opened at the Town Hall, Folkestone, on
Monday afternoon by the Borough Coroner (Mr. G.W. Haines) and after
three witnesses had been called, the enquiry was adjourned until
Friday, July 8th.
There were a number of members of the general public in the body of
the court to listen to the proceedings, which lasted less than an
hour.
The Chief Constable (Mr. A.S. Beesley) sat at a table with the
Police Surgeon (Dr. W.C.P. Barrett) and Det. Sergt. Skarsdon, one of
the Scotland Yard officers assisting the local police.
The Chief Constable was the first witness. “At 7.15 p.m. on Thursday
last”, he said, “I was called by my chief Inspector to a small
coppice or wood. I was accompanied by the Coroner’s officer. At the
foot of the hills to the north of Folkestone, between Caesar’s Camp
and Sugar Loaf Hill, I saw a woman lying on her back covered pretty
well from head to foot with a blue coat”.
The Chief Constable handed to the Coroner a photograph showing the
dead woman as she was found. The photograph was shown to the members
of the jury.
The Chief Constable, continuing, said “She was lying on a slight
incline with her head downwards, the lower portion of both legs
being exposed from a point about half way below the knee. She had no
stockings, but was wearing a pair of low-heeled shoes. Her face and
head were covered, but a portion of her back hair, which was flaxen
in colour, was exposed and lying straight out behind the body. I
moved the coat and exposed the face and felt it. The face was quite
cold, but soft to the touch. It was a very good colour and in fact
quite natural. I formed the opinion that she was dead. Her nose was
swollen and discoloured, and blood was oozing from the left nostril.
I completely removed the coat and found that she was lying on her
back with her arms and legs flexed, her knees being drawn up, and
the right ankle crossed over the left ankle”.
Describing the dead woman’s clothing, the Chief Constable said an
undergarment was badly torn. “She had on a green frock, pulled or
dragged right up. There were very extensive bleeding scratches
leading from her legs up to the thighs. They were especially
numerous on the front. There were deep indentations on the lower
part of the back of the body, made by pressure on the earth and dry
pieces of twig and briar on which she was lying. All the clothing
was saturated i with rain except the back of the dress, which was
dry. Between the back of the dress and the shoulders were maiiy
pieces -of dry twig, brambles, dry earth and grass”. “Around her
neck”, continued the Chief Constable, “was an old green spotted
scarf. It was wound twice round and tied twice exceedingly tightly,
so tight that the whole of the scarf round the neck was sunk into
the indentation made. I caused it to be cut with a penknife on the
opposite side of the knot. There were no signs of a struggle at this
spot. The grass was not trampled, and the brambles were not broken”.
The Chief Constable added that the photographs which he had produced
were taken at the time of the finding of the body.
Dr. W.C.P. Barrett, the Police Surgeon, said he saw the body at the
spot where it was found. “I have since made a post mortem
examination”, added the doctor, “and I found the nose flattened and
exuding blood. There was a long bruise measuring four inches on the
inner side of the left arm. There were two bruises on the chest.
There were multiple bramble scratches on the lower limbs, these
being more on the front than the back, but there were quite a few on
the back. There was a deep indentation right round the whole of the
neck”.
The Coroner: Would you say the bramble scratches and bruises were
ante-mortem?
Witness: Definitely.
Continuing, Dr. Barrett said death was due to strangulation caused
by pressure on the main arteries to the head.
The Coroner: How long do you think deceased had been dead?
Dr. Barrett: Two days or under.
The Coroner: Not longer?
Witness: No, there was no sign of putrefaction.
The Coroner: Considerable pressure would be necessary to stop the
flow of blood, I suppose?
Witness: No, I tried last night in bed and was surprised how little
pressure was needed to make you feel faint. It was surprising.
Arthur Charles Spiers, 29, Sidney Street, Bexhill-on-Sea, who stated
he was 27 and a milk roundsman, said he was formerly in the Army and
stationed at Shorncliffe Camp. He said that he became acquainted
with the deceased and knew her as Phyllis Minter. They were
subsequently married at the Folkestone Registry Office on April
11th, 1932. On January 25th, 1933, his wife gave birth to a
daughter, who was now in his custody. He returned to Bexhill after
the marriage and got work there. On April 13th, 1934, his wife left
him, leaving the baby. They had quarrelled before as a result of a
letter she had received. Witness said they had tried to patch up the
quarrel once or twice.
The Coroner: When did you last see her alive?
Witness: Three years and ten months ago at Hastings.
The Coroner: You have never seen her since?
Witness: No, sir.
The Coroner: In November last you applied for a poor person’s
divorce? – Yes.
Did you know where she was living? – No.
A solicitor found it out for you? – That is so.
The Coroner: Your application for divorce was based on desertion?
The husband: That's right, sir.
The Coroner: How old was she when you married her?
The husband: Sixteen years and five months.
Witness said he visited the Folkestone mortuary on Friday afternoon
and he there identified the body as that of his wife.
The Coroner: Do you know whether she followed any occupation after
leaving you?
Witness: I could not tell you.
At this stage the inquest was adjourned.
The Chief Constable said he would like an adjournment for at least a
month.
Adjourning the inquest until July 8th at 2.30 p.m., the Coroner said
the police had many enquiries to make and he was afraid the jury
would have to come again.
Local News.
Sir Bernard Spilsbury, the eminent pathologist, was called in by the
Chief Constable of Folkestone (Mr. A.S. Beesley) this week to assist
in the investigations into the death of Mrs. Phyllis Spiers, the 22
year old Folkestone woman who was found strangled between Caesar’s
Camp and Sugar Loaf Hill on Thursday last week. The inquest on the
dead woman was opened at the Town Hall, Folkestone, on Monday
afternoon, and after three witnesses had been called, including the
husband of the deceased, the enquiry was adjourned until Friday,
July 8th.
The Folkestone Police, assisted by Scotland Yard officers, have
continued their enquiries, working day and night during the past
week, and a large number of clues have been followed up and many
persons questioned.
The steps taken by the police to trace the movements of the dead
woman during the last 48 hours of her life have included a
door-to-door call at every house in certain districts of the town,
ten plain clothes officers under Inspector Haestie having carried
out this task.
A start was made at Cheriton and Morehall on Monday, followed by a
comb out in the Foord district.
The officers have shown a photograph of Mrs. Spiers to householders
in the hope of obtaining information which may give them an
important clue.
During the weekend a young soldier in the 1st Royal Berkshire
Regiment, who had moved to Aldershot from Shorncliffe earlier in the
week, was among those questioned at police headquarters by the Chief
Constable and Chief Inspector W. Parker, of Scotland Yard. The
soldier afterwards returned to Aldershot to rejoin other members of
his unit who had gone there to prepare for the Aldershot tattoo.
A report appeared on Saturday that an unclothed man had chased two
young Folkestone women on the hills near the spot where Mrs.
Spiers’s body was found and there was a suggestion that there might
be some link with the crime, but the Chief Constable informed the
Folkestone Herald that there was no truth in the report.
The exact place where the woman had been strangled has been
established; it was stated to be not more than 30 feet from the spot
where the body was found concealed by undergrowth. Further, the
opinion was was formed that the woman had met her death probably
between noon and 3 p.m. on Wednesday of last week. Statements had
been made that between Monday and Wednesday Mrs. Spiers had been
seen in the town, one witness placing the time as late as 11.50 a.m.
on Wednesday.
Mrs. M. Wright, living in the Black Bull district, also gave
valuable information to the police, for she was able to show where
Mrs. Soiers had spent the previous weekend. Mrs. Wright stated that
the woman had called at her house on the Saturday morning and
engaged a room. She described herself as a waitress and gave her
name as Miss Phyllis Minter, stating that she had just arrived from
Tooting. She said that she had come to take a job in the town.
Before leaving the house on Monday morning about 10.30 the woman
arranged to meet Mrs. Wright in the evening to go with her to a
cinema, but that appointment was not kept.
By Sunday evening the Chief Constable stated that statements had
been taken from between 40 and 50 persons, and the work of
questioning was continued on the subsequent days.
Late on Saturday night a report was received that a man was detained
at Sandwich after making a statement confessing to the crime.
The Chief Constable and Chief Inspector Parker immediately went to
Sandwich, but after questioning the man they were satisfied that he
knew nothing of the murder. The man, who had been stopped by a
police constable on his beat, had said that he had come from
Folkestone and was responsible for the crime.
Another possible link was the disappearance of an old motor cycle
combination from a lock-up garage in the town. Messages were flashed
to all police forces asking for news of this machine, which had been
stolen from the garage between Tuesday night and early Wednesday
afternoon of last week.
No line of enquiry has been overlooked by the police and in an
effort to establish where Mrs. Spiers ate a few hours before she met
her death calls were made at cafes and restaurants.
Sir Bernard Spilsbury was called in by the Chief Constable on
Wednesday, and he arrived at Folkestone later. Sir Bernard went to
the mortuary at the Cheriton Road cemetery where he carried out a
post-mortem examination on the dead woman. During the examination,
part of which was carried out during a violent thunderstorm, the
Chief Constable and Chief Inspector Parker were present. Later the
eminent pathologist returned to London. A large number of exhibits
were also sent to Dr. Roche Lynch, the Home Office expert, on
Thursday.
Last night the Chief Constable stated that the line of enquiry had
been considerably narrowed down and was more pronounced.
With reference to his appeal the previous week for information as to
where Mrs. Spiers slept on the Monday and Tuesday, Mr. Beesley said
a number of people had made statements, but none as to where she had
dept. Either this information is being withheld, or Mrs. Spiers
slept out on these two nights, possibly in one of the huts which are
being erected on the Kent Agricultural Show ground at the back of
the golf links.
The funeral of Mrs. Spiers took place quietly on Thursday morning at
the Folkestone Cemetery at Hawkinge. The Vicar of Folkestone (Rev.
Canon Hyla Holden) officiated. Only near relatives of the deceased
attended. Wreaths were received as follows: With deepest sympathy,
from your heartbroken Arthur; with deepest sympathy, “Mum”; in fond
remembrance of Phyllis, from Aunt Rose, Dorothy and Iris; in loving
memory, from all at Bexhill; with sincere sympathy, from her pals at
the Alexandra Hotel; with sincere sympathy, Mr. and Mrs. J.
Mockridge and Johnny.
The Chief Constable's Appeal.
Do you know where Mrs. Spiers stayed on Monday and Tuesday nights of
last week? If you can help, communicate at once with the police.
The Chief Constable of Folkestone on Thursday evening said “It is of
the utmost importance that anyone who can tell us where the dead
woman stayed on the Monday or Tuesday nights before her death should
communicate with me without waiting to be called upon”.
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Folkestone Express 11 June 1938.
Local News.
The murder of Mrs. Phyllis May Spiers, aged 22, a Folkestone woman
living apart from her husband, is still unsolved, but the police are
not relaxing in their efforts to find the person responsible for her
death by strangulation on Wednesday, May 25th.
It will be remembered that her dead body was found not far from Holy
Well at the foot of Caesar's Camp on the evening of Thursday, May
26th, and since then the police have prosecuted their enquiries
unceasingly and vigorously.
Mr. A.S. Beesley, the Chief Constable, from the time the dead woman
was found, took control immediately of the case, and Chief Inspector
Parker and Det. Sergt. Scarsdon from Scotland Yard arrived the
following day, and have had a big share of the investigations which
have been carried on since it was evident that Mrs. Spiers had been
murdered.
The appeal made by the Chief Constable last week for anyone who
could give information concerning the dead woman resulted in a
number of people coming forward, and some of the details which they
supplied were undoubtedly of assistance to the officers engaged in
the case. Chief Inspector Parker and the C.I.D. staff of the
Folkestone Police Force working under him have interviewed quite a
number of people every day. On Tuesday Chief Inspector Parker
visited Scotland Yard in order to report progress to headquarters
there, and he also saw Dr. Roche Lynch, the Home Office expert, with
whom he conferred as to the result of his analysis of certain
exhibits forwarded to him last week.
Mr. A.S. Beesley, the Chief Constable, has issued the following
appeal to people to assist the Police: At about 6.10 p.m. on 26th
May, 1938, a girl known as Phyllis Spiers, alias Butcher, Osborn and
Wall, aged 22 years, 5ft. 5ins., eyes blue, hair bleached, medium
build; Dress: full length belted blue overcoat, green frock, blue
leather shoes, no hat or stockings, was found murdered at a spot
known as Caesar’s Camp, Hill Road, Folkestone. It is earnestly
desired to trace a woman who was in her company shortly before 12
noon on Wednesday, 25th May, 1938, at Woolworth’s Stores, Sandgate
Road, Folkestone. The woman is known to have purchased a packet of
grease-proof paper. It is of the utmost importance that this woman
should communicate with the Chief Constable, the Town Hall,
Folkestone, or with any Police Station at the earliest possible
moment.
It is clear that the movements of the dead woman prior to noon on
the day she met her death should be known as fully as possible, and
if it is possible for any person to shed any light upon them it is
their duty to get into communications with the police at once.
Another direction in which great assistance can be rendered to the
police is in supplying any information regarding Mrs. Spiers'
whereabouts on the Monday and Tuesday nights before the day on which
she was murdered. That she was in Folkestone on those two nights is
known, and it is hoped that information as to where she slept then
will be forthcoming.
The police, it is thought, have now decided that the theft of the
Harley Davidson motorcycle from a Folkestone garage, and which they
asked the police in all parts of the country to assist them tracing,
had no connection with the crime.
The appeal of the Chief Constable published on Wednesday resulted in
some people coming forward, as a result of which a few fresh facts
came to the knowledge of the police.
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Folkestone Herald 11 June 1938.
Local News.
During the week the Chief Constable (Mr A.S. Beesley) made a further
appeal in connection with the murder of Mrs. Phyllis Spiers, who was
found strangled with her own green scarf near Caesar’s Camp on
Thursday, May 26th.
The police announced that it was important that they should get into
touch with a woman who was seen in Mrs. Spiers’s company in
Woolworth’s Stores, Sandgate Road, Folkestone, on Wednesday, May
25th, probably only a few hours before she met her death.
The statement as issued by the Chief Constable was as follows: At
about 6.10 p.m. on May 26th, 1938, a girl known as Phyllis Spiers,
alias Butcher, Osborn and Wall, aged 22 years, 5 feet 5 inches, eyes
blue, hair bleached, medium build; dressed in full length belted
blue overcoat, green frock and blue leather shoes, no hat or
stockings, was found murdered at a spot known as Caesar’s Camp, Hill
Road, Folkestone.
It is earnestly desired to trace a woman who was in her company
shortly before 12 noon on Wednesday, May 25th, 1938, at Woolworth’s
Stores, Sandgate Road, Folkestone. The woman is known to have
purchased a packet of greaseproof paper. It is of the utmost
importance that this woman should communicate with the Chief
Constable, the Town Hall, Folkestone, or any police .station at the
earliest possible moment.
This statement was issued on Tuesday night following a visit to
London by Chief Inspector W. Parker, of Scotland Yard, who with Det.
Sergt. Skarsdon, also of Scotland Yard, are assisting the Folkestone
police in their enquiries. Inspector Parker had a consultation in
London with Dr. Roche Lynch, the Home Office analyst, to whom a
number of exhibits had been forwarded the week before for
examination. During the past week statements have been taken from
further people at Folkestone police headquarters and every line of
enquiry has been carefully followed up.
Wednesday’s appeal brought to the Police Station several persons who
were able to give information to the police, but where the dead
woman slept on the Monday and Tuesday nights before her death still
remains a mystery.
The police regard every piece of information as useful and any
assistance that can be given should be offered without delay.
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Folkestone Express 18 June 1938.
Local News.
The Folkestone Police, assisted by Chief Inspector Parker and Det.
Sergt. Scarsdon, of Scotland Yard, are actively pursuing enquiries
concerning the murder of Mrs. Phyllis May Spiers, aged 22, the
Folkestone woman who was found strangled at the foot of Caesar's
Camp on the evening of May 26th. They have interviewed a number of
people who came forward as a result of the appeal made by Mr. A.S.
Beesley, the Chief Constable, last week, and several fresh facts
regarding the mystery have come to light.
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Folkestone Herald 18 June 1938.
Local News.
Following a further week of investigations, Chief Inspector W.
Parker and Detective Sergeant Skarsdon, of Scotland Yard, who have
been working on the Folkestone strangled woman case with the
Folkestone Police, visited Scotland Yard on Thursday. After
consultations there, the Yard officers returned to Folkestone last
night. During their visit to London they were also in conference
with Dr. Roche Lynch, the Home Office analyst.
The Folkestone Herald understands that the police enquiries have not
yet been completed in connection with the death of Mrs. Phyllis
Spiers.
During the week further persons have made statements and have been
questioned at the Folkestone Police headquarters by the Chief
Constable (Mr. A.S. Beesley) and other officers assisting him.
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Folkestone Express 25 June 1938.
Local News.
The Folkestone Police, with the assistance of Chief Inspector Parker
and Det. Sergt. Scardon, of Scotland Yard, are still proceeding with
their enquiries concerning the murder of Mrs. Phyllis May Spiers,
the 22 year old Folkestone married woman found strangled on May 26th
near Caesar's Camp.
On Friday in last week Chief Inspector Parker and Det. Sergt.
Scardon were at Scotland Yard, where they were in consultation with
Dr. Roche Lynch, the Home Office expert, and other officers at the
Yard. Returning to Folkestone, they have since been actively engaged
on the case, and no efforts are being spared by the Chief Constable
(Mr. A.S. Beesley), the Scotland Yard officers, and the C.I.D. staff
of the Folkestone Police to solve the mystery of Mrs. Spiers' death.
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Folkestone Herald 25 June 1938.
Local News.
After continuing their investigations during the past week into the
death of Mrs. Phyllis Spiers, the 22 year old Folkestone woman, who
was found strangled near Caesar’s Camp on Thursday, May 26th last,
the two Scotland Yard officers who were called in the day after the
discovery of the crime again visited London on Thursday.
There is good reason to believe that the police enquiries will be
brought to a conclusion within the next few days.
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Folkestone Express 2 July 1938.
Local News.
On Saturday, just over a month after the body of Mrs. Phyllis May
Spiers, aged 22, a Folkestone woman, had been found at the foot of
Caesar’s Camp, to the north of Folkestone, Mr. A. S. Beesley, the
Chief Constable, charged a Folkestone labourer, William Whiting,
aged 38, giving as his address a lodging-house in Dover Street, with
the wilful murder of the woman.
The dead woman was found amongst some bushes, and she had a green
scarf tied round her neck, on the evening of May 26th. Since that
day the Chief Constable, Chief Inspector Parker, and Det.Sergt.
Skardon, of Scotland Yard, and the Folkestone Police, have been
carrying out Investigations concerning the woman’s death. The
accused man is a widower, and has three children. He is particularly
well known in the east area of Folkestone. The Chief Constable saw
him in his office on Saturday and charged him. Later he was again
charged in the Police Station and then placed in the cells.
Whiting was placed in the dock at the Police Court on Monday. He was
charged that on or about 23rd May of this year at Folkestone he
feloniously and with malice aforethought wilfully murdered Phyllis
May Spiers.
The Court was crowded to its utmost extent, and the doors had to be
closed, many people being unable to gain admission.
The magistrates were Councillor R.G. Wood, Alderman G. Spurgen, Mr.
L.G.A. Collins, Judge H. Terrell, K.C., Mrs. A.M. Saunders and
Alderman J.W. Stainer.
At the Court officials’ table, in addition to the Clerk (Mr. C.
Rootes) and the Chief Constable (Mr. A.S. Beesley), there were also
seated Chief Inspector Parker and Det.-Sergt. Skardon, of Scotland
Yard, who had been conducting investigations into the case.
The Chief Constable said it was a case in which, as the magistrates
were aware, the assistance of the Director of Public Prosecutions
was to be sought, therefore that morning he proposed only to give
evidence of arrest, and then ask for a remand until Tuesday. It was
a formal remand, because he was sure that the Director would not be
ready by that time. They would need, he was afraid, a further
remand.
The Magistrates’ Clerk (Mr. C. Rootes): You have, of course, made
many enquiries?
The Chief Constable: There are a very large number of witnesses to
be called before you.
The Chief Constable, giving evidence, said at 12.34 p.m. on June
25th he saw the prisoner in his office. He said to him “You know who
I am? I am the Chief Constable of Folkestone”. Whiting replied “Yes,
sir”. Proceeding, he said: “I said ‘William Whiting, I am going to
arrest and formally charge you with the murder of Phyllis May Spiers
on or about Monday, 23rd May, 1938, and you will be taken before the
Court on that charge. I must caution you that you need not say
anything unless you wish, but whatever you say will be taken down in
writing and may be given in evidence. Have you anything to say?’
Whiting replied 'I do not wish to say anything. I am not guilty’”.
At 1.20 p.m. the same day, continued Mr. Beesley, Whiting was
formally charged by the Station officer, P.S. Butcher, with the
offence. He was cautioned, and replied “I have nothing to say”.
Whiting was then searched and taken to the cells.
The Clerk: Nothing was found upon him to which you wish to refer?
The Chief Constable: No.
Whiting said he did not wish to ask the Chief Constable any
questions.
The Chairman said they would appoint somebody to conduct Whiting’s
defence.
The Clerk: A solicitor will be assigned to conduct your defence.
The Chairman (to Whiting): You are remanded in custody until
tomorrow week (Tuesday).
The prisoner was then hurried out of the dock, and without looking
at the people in the Court Whiting proceeded to the Police Station
below.
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Folkestone Herald 2 July 1938.
Local News.
William Whiting, 38, a labourer, of Dover Street, Folkestone, was
detained and charged on Saturday with the murder of Mrs. Phyllis May
Spiers, 22 year old Folkestone woman, who was found dead in a
coppice near the foot of Caesar’s Camp, Folkestone, on the evening
of Thursday, May 26th. A green scarf was tied tightly round the dead
woman’s neck and at the inquest death was stated to have been caused
by strangulation. Whiting was brought before the Magistrates on
Monday morning and after evidence of arrest had been given he was
remanded until next Tuesday.
The Magistrates: Councillor R.G. Wood presided and there were also
sitting Alderman G. Spurgen, Mr. L.G.A. Collins, Alderman J.W.
Stainer, Mrs. R.L.T. Saunders and Judge H. Terrell, K.C.
The charge read over to Whiting was that “on or about 23rd May of
this year at Folkestone feloniously with malice aforethought he
murdered Phyllis May Spiers”. Chief Inspector W. Parker and Det.
Sergt. Skardon, of Scotland Yard, who had assisted the local police
with the enquiries since the day following the finding of Mrs.
Spiers’s body, were both present in court. A large crowd which had
gathered outside rushed into the court room when the public part of
the court was opened. Many were unable to gain admittance.
The Chief Constable of Folkestone (Mr. A.S. Beesley) said, as the
Magistrates were aware, the assistance of the Director of Public
Prosecutions would have to be sought and therefore he only proposed
to offer evidence of arrest that morning and then ask for a remand
until Tuesday of next week. It would be a formal remand because he
was quite sure the Director of Public Prosecutions would not be
ready by that time to proceed with the case.
The Clerk (Mr. C. Rootes): You have made many enquiries and taken
many statements?
The Chief Constable: Yes, and there are a large number of witnesses
to be called.
The Chief Constable then gave evidence. He said that on Saturday he
saw Whiting in his office and said to him “You know who I am; I am
the Chief Constable of Folkestone”. Whiting replied “Yes, sir”. He
then said: “William Whiting, I am going to arrest and formally
charge you with the murder of Phyllis May Spiers on or about Monday,
23rd May, 1938, and you will be taken before the Court on that
charge. I must caution you that you need not say anything unless you
wish, but whatever you say will be taken down in writing and may be
given in evidence. Have you anything to say?” Witness said Whiting
replied “I do not wish to say anything. I am not guilty”. Later
Whiting was formally charged in his presence by the station sergeant
and he then replied “I have nothing to say”. He was then searched in
witness’s presence and taken to the cells.
The Clerk: Was anything found on him to which you wish to refer? –
No.
Whiting said he had no questions to put to the Chief Constable.
Remanding Whiting until Tuesday of next week, the Chairman said they
would appoint somebody to defend him.
The Clerk (to Whiting): A solicitor will be assigned to conduct your
defence.
Whiting was then taken below.
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Folkestone Express 9 July 1938.
Local News.
When William Whiting (38), a labours, of Dover Street, Folkestone.
charged with the wilful murder of Mrs. Phyllis May Spiers, appeared
before the Folkestone magistrates on Tuesday, he was represented by
Mr. Lloyd Bunco, a Folkestone solicitor. Whiting had been remanded
eight days before, and the short time he was before the magistrates
on Tuesday was taken up with formalities. He was ultimately remanded
in custody until next Monday, when it is possible that the case
might be opened and some evidence taken.
The public portion of the Court was crowded, many people having
waited since 9 a.m. in the rain. There was a large crowd outside the
Town Hall half- an-hour before the case was due to commence. One of
the women who occupied leading places in the queue fainted, and was
taken into the Town Hall, where she received attention.
The Magistrates were Courcillor R.G. Wood, Alderman G. Spurgen, Mr.
L.G. . Collins, Mrs. Saunders and Alderman J.W. Stainer.
The Chief Constable (Mr. A.S. Beesley) said he was asking for
another remand. He understood the Director of Public Prosecutions
would be ready on Wednesday in next week.
The Magistrates’ Clerk (Mr. C. Rootes) said he did not think that
was the most convenient day. He thought it would be bettor perhaps
to remand the prisoner until Tuesday, unless the Director could
commence on Monday. Continuing, he said he thought it would be
better perhaps to commence the case the week commencing 18th July,
and then it could be taken from day to day if so desired. They had
to consider the justices available - the justices who started the
case had to be available.
The Chairman, in reply to a query by Mr. Bunce, said the justices
had decided that counsel should defend the prisoner.
The Chairman said Whiting would be.
The Chairman, in reply to a query by Mr. Bunce, said the Justices
had decided that counsel should defend the prisoner.
The Chairman said Whiting would be remanded until Monday.
Whiting: I have an application to make. Can I have my letters and
photos in possession of the police?
The Clerk: I do not think the magistrates have any power over that.
The Chief Constable said they were personal to Whiting, and he
thought he would have no difficulty in complying with the request.
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Folkestone Herald 9 July 1938.
Local News.
The inquest of Mrs. Phyllis May Spiers, who was found dead near
Caesar’s Camp, Folkestone, on May 26th with a green scarf tied
tightly round her neck, was further adjourned at the resumed inquest
at the Town Hall, Folkestone, yesterday.
The Coroner (Mr. G. W. Haines) told the jury that under section 20
of the Coroners' Amendment Act, 1927, where a person was charged
with murder they had to adjourn the inquest until the completion of
the criminal proceedings. He therefore proposed further to adjourn
the inquest until October 31st. It might be that the jury might not
have to come again. The Coroner mentioned that a man had been
charged before the police court with murder. Mr. Lloyd Bunce,
solicitor, was present during the brief proceedings.
Local News.
William Whiting, 38, a labourer, of Dover Street, Folkestone, was
again remanded, when he appeared ai the Folkestone Police Court on
Tuesday charged with the murder, on or about May 23rd last, of
Phyllis May Spiers. Mrs. Spiers, a 22 year old Folkestone woman, was
found dead at the foot of the hills near Caesar’s Camp on the
evening of May 26th.
Councillor R.G. Wood again presided on the Bench, and sitting with
him were Alderman G. Spurgen, Mr. L.G.A. Collins, Alderman J.W.
Stainer and Mrs. R.L.T. Saunders.
When the case was called Whiting did not appear immediately from the
cells and the Clerk (Mr. C. Rootes) said prisoner was now
represented by Mr. Lloyd Bunce and no doubt the delay was caused by
Mr. Bunce interviewing him.
After Whiting had been brought into the court, the Chief Constable
(Mr. A.S. Beesley) said as he told the Magistrates last week be
would ask for a further remand that day. He understood that the
Director of Public Prosecutions would be ready by Wednesday of next
week to proceed with the case.
The Clerk said he did not think that was the most convenient date
for the Magistrates.
The Chief Constable said it might be possible to start the case on
the Tuesday and then remand for a further week.
The Clerk: To the week beginning July 18th and then take the case
during the week from day to day. The Clerk added that they had to
consider the question of the Justices being available.
Mr. Bunce said he gathered the Justices were agreeable to Whiting
being represented by counsel in that court.
The Chairman said they had given a certificate to that effect.
Whiting was then remanded until Monday next.
Prisoner asked if he could have his letters and photos which were in
the possession of the police.
The Clerk: I am afraid that is not a matter for the Justices to
decide.
The Chief Constable said they were personal and he did not think he
would have any difficulty in complying with the request.
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Folkestone Express 16 July 1938.
Local News.
When the case against William Whiting, aged 38, a labourer, of Dover
Street, charged with the wilful murder on or about May 23rd of Mrs.
Phyllis May Spiers, a Folkestone, woman, was opened the Folkestone
Police Court on Monday, Mr. B.H. Waddy prosecuting on behalf of the
Director of Public Prosecutions, said “The motive, to put it in one
word, was revenge”. Mrs. Spiers was found strangled at the foot of
Caesar’s Camp on the 26th May, her body being almost completely
covered by her coat.
Whiting had been twice formally remanded, and the whole of Monday
was occupied in hearing Mr. Waddy’s opening, and five witnesses, two
of whom were Sir Bernard Spilsbury and Dr. Roche Lynch. The
Magistrates, after a sitting of close upon five hours, again
remanded Whiting until Monday next when the case will be continued
on the following days until all the evidence is heard.
There was a large number of exhibits in connection with the case,
and they included framed portions of a tree and a rough fence which
had attached to it barbed wire. The large framed exhibit was placed
on the side of the magisterial bench.
The Magistrates were Mr. R.G. Wood, Alderman G. Spurgen, Mr. L.G.A.
Collins, Alderman J.W. Stainer and Mrs. A.M. Saunders.
Mr. B. H. Waddy and Mr. F. Donal-Barry, barristers, appeared to
prosecute on behalf of the Director of Public Prosecutions, and Mr.
J. Stuart Daniel (instructed by Mr. Lloyd Bunce) represented
Whiting. Seated at the table with the officials were Chief Inspector
Parker, and Det. Sergt. Skardon, of Scotland Yard, who have been
engaged with the Chief Constable (Mr. A.S. Beesley) and the
Folkestone Police in the inquiries in connection with the case.
There was another large attendance of the public in the Court, but
not so large as on Whiting’s two previous appearances.
Whiting was provided with a chair in the dock, but at first he said
he did not require it, and stood during the opening statement by the
prosecuting counsel and the hearing of the earlier evidence
Mr. Waddy said he was instructed to prosecute. Before he opened the
facts of the case he wanted to say he had in Court two gentlemen who
would be witnesses, Chief Inspector Parker and Det. Sergt. Skardon.
Chief Inspector Parker was in charge of the case, and it was
absolutely necessary that he should be there to instruct him. With
regard to Det. Sergt. Skardon he would be most useful to him in
handling and producing the numerous exhibits he would have to put
in. He suggested that he should remain in Court except when Chief
Inspector Parker was giving evidence. No other witnesses were in
Court.
Mr. Stuart Daniel said he did not object to that.
Mr. Waddy said on Thursday, the 26th May, somewhere about six
o'clock in the afternoon, a Folkestone youth was birds’ nesting in a
coppice at the foot of Castle Hill near Caesar’s Camp. Hidden in the
undergrowth in that coppice he found the dead body of Phyllis May
Spiers. He would call before them a body of medical evidence and
other witnesses, who would tell them what was the condition and what
was found in the immediate locality, and the evidence would, he
thought, lead them to the conclusion that this girl met her death on
May 23rd, which was a Monday, and that she met her death in this
wav. She was rendered unconscious by blows in the fact and she was
strangled bv hands, manual strangulation, that after her death there
was put round her throat and tied tightly a green scarf with white
spots on it twice round her neck, pulled tight and knotted. There
were one or two possible reasons for tying that green scarf round
the girl’s throat. One possibly was that the person who did it
desired to make assurance doubly sure and make quite sure she died.
The other possibility, which was one which would have to be
considered, was that that scarf was put round her throat in the
hopes that it might lead to the belief that the girl committed
suicide by tying it round her throat herself. If the girl’s death,
which in the view of the prosecution, took place in a little
clearing in the coppice, which was visible up the hill, her body was
dragged by the feet for some thirty feet or ten yards to the place
where it was ultimately found. It was dragged down hill; it is quite
steep, and through a barrier or an obstruction which existed between
the place between the little clearing where, in the view of the
prosecution, she died and the place where the body was found, that
obstruction was a very rough obstruction and consisted of dead
branches which were roughly fastened to a leaning post by means of
barbed wire. Eventually it would appear that it was probably there
to guard a bog which was at the foot of the hill to which cattle
might possibly get. A great deal of importance might attach to that
obstruction. That barrier had a gap in it through which it was
possible for anyone to go. The obstruction was by the side of the
side of the Court, and the Magistrates would see it had been framed.
“You will see”,-Mr. Waddy proceeded, “there is a stout post leaning
to the left and there are a number of branches, and you can see upon
them some pieces of rusted barbed wire. As you look at that you will
imagine that the ground you are on is a little higher and that from
the other side it goes down hill. Again, the case for the
prosecution is that the body of this girl was dragged by the
murderer feet first through the gap, the murderer coming backwards
on hands and knees. There will be given in evidence, certain
evidence of a comb, certain hairs, and so on, but what is of great
importance as far as that gap is concerned is that there is a piece
of barbed wire to the right-hand side, which, if you were coming
through the gap backwards on your hands and knees, would be about
where your left shoulder would come. We are right in thinking that,
if the murderer dragged the body through on his hands and knees
there would be every likelihood that the point of that barbed wire
would probably catch in the clothing which covered his left
shoulder. Some ten yards below that point where the body was found,
and opposite the body, was the girl’s handbag. In the girl’s handbag
was a torn piece of a black and white scarf, quite different to the
scarf knotted round her neck. The rest of that scarf had vanished.
That piece of scarf was a portion of the scarf which we shall prove
was given to her by a man friend, and she was wearing it on the
morning she met her death. It would appear probable after her death
her assailant tied her own scarf round her neck and in pulling it
tight possibly ripped the end off. He then probably put the green
scarf round her neck and put her own scarf in her handbag. Having
put it in position he was minded to get rid of the torn scarf and
took it out of the handbag again, but left behind the little bit,
which he may not have noticed. Another feature of the handbag was
that there was riot found in it a little green purse which, it would
be proved to the magistrates, was owned and carried by her. It would
appear probable the assailant, in taking out the major portion of
the torn scarf, took out the green purse as well, and might have put
them in his pocket”. Those were the deductions that he (Mr. Waddy)
thought might be drawn from the evidence which would be called
before them.
As to what was found at the site of the murder one had got to see in
what way that evidence pointed to the accused as being the man who
commuted the murder. “The first pointer”, he continued, “which
points to the accused as having committed the murder is the evidence
that on the afternoon of May 23rd he walked with this girl from
somewhere in the centre of the town up over the golf links and right
across it. There is a road from the right leading to the scene of
the crime. So far I am in a position to say that the accused has
made a statement in which his own story is that on the afternoon of
May 23rd he walked with this girl over the golf course.The next
pointer is that on May 31st they came into possession of everything
he had on him. He was wearing a jacket. That jacket just over the
left shoulder has a right angle tear, torn upwards. The evidence
will be that the tear is exactly the type of tear that would he made
by the barbed wire in that obstruction if he were going through the
obstruction backwards. A police officer went through that gap later,
and his jacket was torn in exactly the same spot. In one of the
accused’s jacket pockets there were certain hairs, and I am calling
evidence to show that those hairs were exactly the same as those
which came from the head of the dead girl. In addition to a comb
there was found in his possession a lady’s little green zip-fastener
purse which was similar to one the dead girl carried in her bag.
That is really another pointer. The third pointer which is perhaps
more important than any of the others is the scarf which was tied
round the girl’s neck. It is a very distinctive scarf. It is a green
one with white spots upon it. According to what the prisoner told
the police he has never had one like it and that it is not his”.
He (Mr. Waddy) thought he might call before them a host of witnesses
of every kind who would tell them that they had seen Whiting wearing
this green scarf with the white spots, and that he was wearing it as
recently as May 20th. If that scarf is his, how came it tied tightly
round the neck of the dead girl? In public houses the accused, in
unguarded moments, had made remarks which were only consistent with
an admission that he had strangled a blonde girl, and that the dead
girl was a girl who had had her hair bleached. They would hear not
one, hut several witnesses, who would speak to similar remarks. As
the Bench were aware, there was no burden upon the Crown to prove
motive for a crime like this, but, of course, if the Crown is in
possession of evidence which points to a motive for such a crime the
Crown lays such evidence before the Court. In this case they are in
possession of evidence which would be laid before the Court pointing
to the motive for this man murdering this girl. The motive, in a
word, is revenge. Whiting knew and was for some time associated with
a young woman named Rose Woodbridge. They lived together for a
period, and parted shortly before Christmas last. She left him.
There could be no doubt that he was not only, and was still,
infatuated with Rose Woodbridge, but his mind was filled with an
obsession of resentment against the person who came between him and
Rose Woodbridge and caused that separation. Evidence will be called
before the Court to show what his feelings were with regard to Rose
Woodbridge arid what his feelings were towards the person, whoever
it might have been, who caused him to lose Rose Woodbridge”. There
would also be evidence before them, both from witnesses, and again
on his own statement, to show that he firmly believed that Phyllis
May Spiers, the girl who was murdered, was the person who had caused
his separation from Rose Woodbridge.“The prosecution say”, Mr.
Wadcly, continuing, said “that here is a man who hated Phyllis for
what she had done, or what he thought she had done, in parting him
from the woman with whom he was in love”. The only other matter he
had to mention was that the accused was arrested on June 26th, and
that when he was arrested and charged he said “I am not guilty”.
Arthur Charles Spiers, 29, Sidney Street, Bexhill-on-Sea, a milk
roundsman, said he was shown the dead body of a woman at the
mortuary. That woman was his wife, Mrs. Phyllis May Spiers, aged 22
years. His wife was the woman on the left of the photograph
produced. He also recognised his wife in the second and third
photographs produced. He was married to his wife on the 11th April,
1932. Her name then was Phyllis May Minter. They lived together for
some time, parting on the 13th April, 1934. He last saw her alive
about four years ago at Hastings, after she had left him. He had
recently commenced divorce proceedings against her.
Kenneth George Andrews, 23, Ethelbert Road. Folkestone, a roundsman
said on Thursday, 26th May, after he had finished work he went up to
Caesar’s Camp and into a coppice at the foot of the hill to get
birds’ eggs. He started hunting for eggs and while there he saw
something that looked like a bundle. He thought that that was
approximately about six o’clock in the evening. He looked at the
bundle and saw that it was a woman laying there, covered over with
what looked like a dark green coat. He could just see the hair and
part of the naked leg sticking out. He shouted, thinking there might
be someone asleep, and touched the bundle with a stick. He then
realised that it was riot a sleeping person. He went, away from the
place and a little later spoke to a police officer. Some little time
after tie was taken in a car back to the place with Chief Inspector
Hollands and Det. Con. Bates and took them to the spot. The body was
in the same position.
Chief Inspector Hollands said at about 6.20 p.m. on the 26th May he
received a telephone message and in consequence went with the last
witness and Det. Con. Bates to the foot of the hills between
Caesar’s Camp and Sugar Loaf Hill. The lad took them to a spot where
a body was lying. The first photograph in the book showed a view of
the coppice looking towards Sugar Loaf Hill. The second showed a
view of the coppice from the hill above. About the centre of the
picture there was a clearing. He found the body near the foot of a
big tree shown in the picture. Picture No 12 in the book showed the
body as he first saw it. The last photograph in the book showed
where the body was found after it ha been removed. The branches-of
trees ear the spot to some extent overhung, but did not completely
cover it overhead. Later on the same evening the coat was removed
from the body and photograph No. 13 showed the position of the body
with the coat off. The next photograph showed the appearance of the
body from the other side after the coat had been removed. Photograph
14 also showed a lady’s handbag. When he first went there he lifted
the coat from off the face and smelt putrifaction. She was quite
cold, her arms were stiff, slightly bent, her fingers were half
clenched; nothing in the hands and they were stiff. The legs were
covered in scratches going in all directions, and these were fresh
and unhealed. He noticed her hair was drawn out straight from beyond
the head. Her head was pointing towards the field and was slightly
downhill. Her face was quite a normal colour and her tongue was
slightly protruding between her teeth. Blood issued from the left
nostril when he moved her head. The coat that was over the body was
sodden wet. There was heavy rain on Wednesday, 25th, and on Tuesday
it rained a little between 1.30 and 2.30 p.m. It was fine in the
morning on Wednesday, the rain being in the afternoon, and Monday
was fine. He noticed that there was a little dirt splashed on the
hands of the body, as though from heavy rain. The handbag showed
rain, marks and the ground all round showed signs of heavy rain. Her
frock was pulled up above the level of the breasts in front and
right up to the shoulder blades at the back. Dry brumbies and leaves
were in the clothing at the back and they were quite dry. She was
wearing a pair of knickers, which were torn badly, and appeared to
be a new pair. In all the clothing were brambles and leaves, which
were also dry. He noticed the girl’s shoes, which were damp, but had
no mud on them, and there was not any mud on her clothing. The body
and clothing gave every appearance of the body having been dragged
along by the feet while lying on the back. The ground underneath the
body was dry when it was turned over. In the glade where she was
lying there was no sign of a struggle and near where she was lying
there was a rough footpath, rising sharply from her head towards
Caesar’s Camp. The ground of the path was chalky and it was slightly
damp. At the top of the footpath there was a barrier across it. The
branches (produced) was the barrier. Round the neck of the body was
a green spotted scarf (produced). The scarf was twisted round the
neck twice and knotted as in the exhibit. The knot was on the right
of the windpipe and was very tight indeed.
At this stage the Court adjourned for lunch.
Mr. Waddy, on resuming, said he wished to ask that Dr. Barrett, the
Police Surgeon, should be present in Court when Sir Bernard
Spilsbury and Dr. Roche Lynch gave evidence.
Mr. Stuart Daniel said he objected to that. Dr. Barrett made the
first examination and it seemed that the opinion of the cause of
death might have been changed since then.
The Chairman said the magistrates did not see why Dr. Barrett should
not remain in Court.
Sir Bernard Henry Spilsbury. hon. pathologist to the Home Office,
said that on the afternoon of Wednesday, 1st June, he made a post
mortem examination at tie Folkestone mortuary on the body of a
woman. She was a well nourished woman, about 5ft. 4½ins. in height.
Death stiffening was absent. There was no lividity in the face or
lips and no tiny haemmorhages on the eyes or the skin of the face.
He saw the mark of the ligature which encircled the neck at the
level of the larynx. It was pale and there was no injury of the skin
beneath it. It was about one and a quarter inches broad in front,
three quarters of an inch broad at the side and slightly more than
an inch broad at the back. Sir Bernard Spilsbury then described a
number of external bruises he found on the face, including the jaw.
Along the left collar bone, immediately above the inner end of the
right collar bone, on the outer side of the right upper arm, on the
inner side of the same limb, on the inner side of the right forearm,
on the front of the left shoulder, on the upper part of the front of
the arm, on the outer side of the right hip and on the thigh.
There were many scratches in the skin, distributed widely, through
the right hip and on both thighs and legs, and others on the back of
the trunk up to the lower part of the shoulders. There were also
scratches on the back of the right forearm, one on the front of the
left forearm one across the knuckles of the left hand. In addition
he also found the following bruises, which were not visible on the
surface, but were visible on cutting through the skin. There was
considerable area of bruising of the spine in the lower dorsal
region and a bruise one inch in diameter at the same level and one
and a half inches to the right. There was a bruise one inch in
diameter to the right of the spine in the upper dorsal region. On
internal examination there was a small bruise on the upper part of
the back of the neck and another on the left side of the forehead.
The skull and the brain, with its covering and blood vessels, were
healthy and free from injury. On dissecting the neck there was
bruising of the left sterno mastoid muscle at its lower end. There
was also slight bruising of the corresponding muscle on the right
side at the lower end and bruising of the left muscle higher up at
the level of the lower jaw. There was a bruise at the upper side of
the left main cartilage of the larynx and bruising on either side of
that cartilage at the same level. There was slight bruising behind
the larynx and there was bruising along the upper edge of the same
cartilage which extended upwards. The bone was free from injury. The
inner surface of the larynx and trachea was reddened. The tonsils
and the glands in the upper part of the neck were very congested,
and other organs in the body generally were congested but healthy,
and the blood throughout the body was fluid and dark in colour. The
mark of the ligature which he found was consistent with the scarf
(produced) having been tied tightly round the neck. The deceased was
a perfectly healthy woman. The general changes of death from
asphyxia were present, namely, the congested organs and the dark
fluid condition of the blood. The asphyxia was not produced by the
scarf which was found tied tightly round the neck when the body was
found.
Mr. Waddy: If it had been tied tightly round the neck during life
what would have been the condition?
Sir Bernard Spilsbury: The face would have been very livid and there
would have been tiny haemorrhages in the whites of the eyes and the
skin of the face. The face must have been livid after death as long
as the ligature remained in position.
What conclusion do you come to as to when the ligature was applied?
- It was applied after death.
The bruising, he continued, on the left side at the back of the
larynx indicated that death was due to strangulation by the hand.
The absence of bruising and abrasions on the skin of the neck
suggested that deceased had been rendered unconscious before she was
strangled. If a woman was conscious while being strangled she would
be likely to struggle violently. The number and distribution of the
bruises over the body indicated that the deceased received a number
of blows and some of these bruises, and especially those on the
face, might have rendered her unconscious. Some of the smaller
bruises on the arms might have been produced by forcible restraint
and others on the back of the neck and front by her being pressed
firmly on rough ground during the course of the struggle. The
bruises were all recent and of the same age and were produced
shortly before death.
Mr. Waddy: Will you speak as to the possibility of death having been
produced by suicide?
Sir Bernard Spilsbury: It is quite out of the question. Proceeding,
he said with regard to the scratches on the body they were
consistent with the body having been dragged over and through
brambles. Assuming that the body was found in a coppice on May 26th
and which was not fully exposed to the sun and assuming that there
was an odour of putrifaction when the body was found and that rigor
mortis was passing off, it was a strong presumption that death
occurred not less than three days before she was found. It would be
consistent with her meeting her death on the afternoon of May 23rd.
Cross-examined by Mr. Stuart Daniel, Sir Bernard Spilsbury said the
absence of putrifaction might mean that the woman had been dead
anything short of three or four days. The death from the stopping of
an artery would not account for all the signs he found.
Dr. G. Roche Lynch, official analyst to the Home Office, said that
he received the jacket (produced) from Chief Inspector Parker and
examined it. At the back of the garment, eight inches from the top
seam and three inches from the left side seam, then was a tear. The
two parts of the tear formed a right angle, the point of which was
directed down and towards the right. The fabric of the garment had
been torn and not cut. In his opinion, the tear had been produced by
some rigid, round, sharp-pointed article perforating the fabric and
whilst in that position the jacket had been moved obliquely downward
and to the right, so that one part of the tear was directed upwards
and the other to the left away from the point of entrance. The tear
was in the cloth of the jacket only, the lining being undamaged. A
tear of that type was almost invariably produced when such a garment
was caught in barbed wire, but, of course, a similar sharp-pointed
article, if firmly pressed, could cause similar damage. In the
photograph (produced) of a man with a coat which was torn, the coat
was torn in the same position as the enlarged photograph of the tear
(produced). Looking at the point of the barbed wire in the lower
part of the exhibit (produced), if a man went through the gap
backwards the point of the barb could produce the tear which he
found. He received from Chief Inspector Parker two tubes of
semi-liquid material, which appeared to be the stomach contents,
which, with the exception of small lumps of fat, showed almost
complete digestion. Assuming that those stomach contents were taken
from the deceased the condition of them would indicate that some
hours had elapsed since the taking of the last meal. On the 8th July
he received from Det. Sergt. Skardon a packet of a certain butter.
The tow kinds of fat that were found in the stomach and the butter
showed a general similarity. He had examined the green spotted scarf
(produced) and observed from one end of the scarf signs of wear. At
one end, in places, there appeared to be impressions in the fabric.
There was a very slight sign of wear in the other side and three
small holes. He saw the pair of braces (produced) and the marks on
one end of the scarf could have been made by the teeth of the clip
of the braces if the end of the scarf had been pushed in between the
clip and the brace material. If a man wore the scarf round his neck
the tails of the scarf would have reached to the clip of the braces.
The marks could not have been caused by a second pair of braces
(produced), which also belonged to the prisoner. He had received
some hairs from Chief Inspector Parker. The hairs bearing certain
numbers closely resembled the hairs in slide No. 124. He thought
that they were probably from the same head. Two of the hairs came
from the inside pocket of the jacket and closely resembled those in
the slide, No. 124.
The Chairman announced that Whiting would be remanded until Monday.
|
Folkestone Herald 16 July 1938.
Local News.
The case against William Whiting, 38 years old Folkestone labourer,
who is charged with the murder of Phyllis May Spiers, aged 22, of
Folkestone, who was found dead at the foot of the hills near
Caesar’s Camp on Thursday, May 26th, was opened by the Crown at the
Folkestone Police Court on Monday.
Whiting was making his third appearance before the Magistrates, and
after an all-day sitting the hearing was adjourned until next
Monday, when further evidence will be taken.
Prosecuting for the Director of Public Prosecutions, Mr. B. H.
Waddy, in his opening, suggested revenge as a motive. Among the
witnesses called last Monday were Sir Bernard Spilsbury and Dr.
Roche Lynch.
Mr. B. H. Waddy prosecuted for the Director of Public Prosecutions
with Mr. F. Donal-Barry, of the Director’s department, while Mr. J.
Stuart Daniel, instructed by Mr. H. Lloyd Bunce, representing
Whiting.
The case was heard by Councillor R.G. Wood (presiding), Alderman G.
Spurgen, Mr. L.G.A. Collins, Alderman J.W. Stainer and Mrs. R.L.T.
Saunders.
A large number of exhibits were in court. The public part of the
court was again crowded, some of those present having waited over
two hours to obtain admittance.
Opening the case, Mr. Waddy said he was instructed by the Director
of Public Prosecutions to prosecute Whiting, who was charged with
having murdered a young woman named Phyllis May Spiers on or about
May 23rd last. At the present moment he had m court two gentlemen
who would be witnesses, Chief Inspector Parker and Det. Sergt.
Skardon. Chief Inspector Parker was in charge of the case and he
thought it was absolutely necessary that he should be present in
court. With regard to Det. Sergt. Skardon, he would be most useful
to him (Mr. Waddy) in handling and producing numerous exhibits and
he would suggest that he also remained in court.
Mr. Daniel said he did not object.
Mr. Waddy said on Thursday, May 26th, somewhere about 6 o’clock in
the evening a Folkestone youth was birds’ nesting in a coppice at
the foot of Castle Hill near Caesar’s Camp, when hidden in the
undergrowth of the coppice he found the dead body of Phyllis May
Spiers. “I shall call before you a body of medical evidence and
other witnesses who will tell you what was the condition of that
body”, continued Mr. Waddy, “and what was found in the immediate
locality of the body. That evidence should, I think, lead you to
this conclusion - that the girl met her death on May 23rd which was
a Monday; that she met her death in this way - she was rendered
unconscious by blows in the face and she was then strangled by hand,
manual strangulation. Then, after her death, there was put round her
throat and tied tightly a green scarf with white spots on it. It was
put twice round her neck, pulled and knotted, but that was done
after death. There are one or two possible reasons for tying the
green scarf round the girl’s throat. One possibility is that the
person who did it desired to make assurance doubly sure and make
sure that she died. The other possibility, one which will have to be
considered, is that it was put round her throat in the hope that it
might lead to the belief that the girl had committed suicide by
tying it round her throat herself”. Mr. Waddy, continuing, said
after the girl’s death, which, in the view of the prosecution, took
place in a little clearing in this coppice which was visible to
anyone up the hill, her body was dragged by the feet some 30 feet to
the place where it was ultimately found. It was dragged down quite a
steep hill and through a barrier or obstruction which existed
between the place where they said she died and the place her body
was found. That obstruction was a very rough obstruction and
consisted of dead branches which were roughly fastened to a leaning
post by pieces of barbed wire. Mr. Waddy said that he would show
photographs and a plan of the place. The obstruction, he added, was
probably put there to guard a bog which was at the foot of the hill
and to which cattle might get. A great deal of importance might
attach to the obstruction. Mr. Waddy said on one side of the court
the Magistrates would see the obstruction referred to framed. There
was a stout post and to the left there was a number of branches and
they could see upon them some pieces of old rusted barbed wire. As
they looked at it, and if they imagined the ground they were on was
higher and that from the other side it went downhill again, the case
for the prosecution was that this girl was dragged feet first
through the gap, the murderer going backwards on his hands and
knees. There would be given in evidence certain finds which were
made in the locality. For instance there was a comb, certain hairs,
and so on. What was of great importance so far as the gap he had
mentioned was concerned was that there was a piece of barbed wire on
the right hand side which if a person were going through backwards
on their hands and knees would be just about where one’s left
shoulder would come. If prosecution were right in thinking that the
murderer dragged the body through the gap, there would be every
likelihood of a part of that barbed wire catching in the clothing
which covered his left shoulder. Some ten yards below the opening
the body was found. Beside the body was a girl’s handbag and in it
was a torn piece of a black and white scarf, quite different from
the one found knotted round her neck. The rest of the scarf had
vanished. It was a scarf which had been given to her by a man friend
and she was wearing it on the very morning that she met her death.
It was a comparatively flimsy thing and it would appear probable
that after her death her assailant tied the dead woman’s own scarf
round her neck and in pulling it tight possibly ripped the end off.
The suggestion was that he then put the green scarf round her neck
and stuffed the torn scarf into her handbag, but after placing the
handbag by the body he was minded to get rid of the tom scarf and
took it out of the handbag again, leaving behind the little piece
which he might not have noticed. Another important feature of the
handbag was that there was not found in it a little green purse
which this girl owned and carried, continued Mr. Waddy. It would
appear probable that the assailant in taking out the major portion
of the torn scarf possibly took out the green purse as well and may
have put both in his pocket. Those were deductions which he thought
might be drawn from the evidence which would be called before them
as to what was found on the scene of the murder. One had then got to
see in what way that evidence pointed to the accused as being the
man who committed the murder. Witnesses would fall into groups and
he would try as far as he could to call them according to the groups
they fell into. The first pointer, which pointed to the accused as
having been the man who committed the murder, was evidence that on
May 23rd Whiting walked with this girl from somewhere in the centre
of the town to the golf links and across those links. Not only would
he be in a position to call witnesses to say that they saw Whiting
on that part of the walk, but Whiting himself had made a statement
in which he said that on that afternoon he walked with the dead girl
to and over the golf course. When he got to the end of the golf
links, if he and the girl turned right it would lead them to the
foot of the other hill (Caesar’s Camp) where there was a stile. If
one got over the stile and walked 200 or 300 yards along the foot of
the hill they came to the coppice where the body was found. Mr.
Waddy said he would call a witness who would say that he saw these
two go up that road, losing them to view just by the bend where the
stile was. The next pointer which pointed to Whiting was a body of
evidence which would deal with his clothing. On May 31st the police
came into possession of everything Whiting had on him. Included in
the clothing was a jacket, and just over the left shoulder blade of
that jacket was a right-angled tear tom upwards, and the evidence
would be that the tear was exactly the type of tear which would be
made on the barb of the wire in the obstruction if he were going
through it backwards. One interesting piece of evidence which
corroborated that view would be this. During the course of the
investigations a police officer went through the gap backwards and
his jacket was tom open by the barbed wire. They would see both
jackets and see that the tears were similar and in similar places.
The case for the prosecution would be that the tear which was found
on prisoner’s jacket on May 31st was exactly consistent with it
having been made by the point of that barbed wire. Further, a more
detailed examination of the coat showed that in one of the jacket
pockets there were certain hairs. He was calling evidence to say
that those hairs were exactly the same as the hairs from the head of
the dead girl. The significance of that was in connection with what
he had already told them about the tom scarf, the portion of which
was found in the handbag. If they were right in thinking the dead
woman’s own scarf was used and torn, and then placed in her handbag
afterwards to be removed in order to get rid of it and stuffed in
the man’s pocket, they would be likely to find in the man’s pocket
some of the girl’s hairs. There was also found in Whiting’s
possession what was odd for a man to carry - a lady’s small green
zip fastened purse which a witness would say was exactly the same as
the dead girl used to own and carry. The suggestion was that
possibly it came out of her handbag at the same time as the piece of
her own scarf and got into the murderer’s possession. The third
pointer, which was perhaps more important than any of the others,
was the scarf which was round the dead girl’s neck. It was a very
distinctive scarf, a green one with white spots on it, and according
to what prisoner told the police he had never had it. Further, he
said that he had never had one like it and it was not his. But he
(Mr. Waddy) would be calling before them, he thought he might
describe them as a host of witnesses, who would tell them that they
had seen Whiting frequently wearing the green scarf with the white
spots and that he was seen wearing it as recently as May 20th, three
days before he was seen in the company of this girl. If that scarf
were his, how came it to be tied tightly round the neck of the dead
girl?
Mr. Waddy said so far he had been telling them of those things which
had been found which pointed to Whiting being the murderer. There
was another branch of evidence in respect of which he would call
witnesses and they would say that after the body had been found the
accused, in unguarded moments in public houses, had made remarks to
them which were only consistent with an admission that he had
strangled a blonde girl. The dead girl had had her hair bleached.
They were remarks made in unguarded moments. That was the major
point of the evidence. As they knew, there was no burden on the
Crown to prove a motive in a crime like that, but in that case they
were in possession of evidence pointing to a motive for Whiting
murdering this girl. This motive, to put it in one word, was
revenge. The accused knew and was for some time associating with a
young woman named Rose Woodridge. They lived together for a period
but parted shortly before last Christmas. The girl left Whiting.
There could be no doubt that he was, and still was, infatuated with
Rose Woodridge and his mind was filled with an obsession of
resentment against the person who came between him and this woman
and caused that separation.
Evidence would be called to show quite clearly what accused’s
feelings were with regard to Rose Woodridge and what his feelings
were to the person who caused him to lose her. There would also be
evidence before them both from witnesses and Whiting’s own statement
to show that he firmly believed Mrs. Spiers was the person who had
caused his separation from Rose Woodridge. The prosecution said here
was a man who hated Phyllis May Spiers for what she had done, or he
thought she had done, in parting him from the woman with whom he was
in love. It only remained for him to say that after Whiting had been
arrested on June 25th and charged he said “I am not guilty”.
The first witness was Arthur Charles Spiers, 29, Sydney Street,
Bexhill-on-Sea, a milk roundsman, who said that on May 27th he went
to the mortuary at Folkestone and there saw the body of a woman whom
he identified as his wife. She was 22 years old. Witness then
identified his wife in three photographs. Two were of his wife with
another woman and one with a man. He added that they were married on
April 11th, 1932 and his wife’s name was then Phyllis May Minter.
They lived together for some time, but parted on April 13th, 1934.
He last saw her alive about four years ago at Hastings by an
appointment. That was after she had left him. He had recently
commenced divorce proceedings against her.
Mr. Daniel reserved his cross-examination.
Kenneth George Andrews, 23, Ethelbert Read, Folkestone, said on
Thursday, May 26th, after he had finished work he went to Caesar’s
Camp and entered a coppice at the foot of the hill. He was looking
for birds’ eggs. “I was looking for eggs in the coppice and while I
was there I saw something that looked like a bundle”, continued
witness. “It must have been 6 p.m. I went to look at the bundle and
after I had had a good look I saw it was a woman. The body was
covered over with a dark green coat. I could see the hair and a leg
sticking out from underneath the coat. I shouted as I thought it
might be somebody asleep, and touched it with a stick, but did not
interfere with the position of the body. I then realised it was not
a sleeping person and went away from the place. A little later that
evening I spoke to a police officer. I was taken in a car back to
the place with Inspector Hollands and Det. Constable Bates, and took
them to the spot where I had found the woman”.
Mr. Daniel again reserved his cross-examination.
Chief Inspector W. Hollands said at about 6.30 p.m. on May 26th he
received a telephone message. In consequence he went in a car and
picked up the last witness and Det. Constable Bates, the Coroner’s
Officer. He then went to a coppice at the foot of the hills between
Caesar’s Camp and Sugar Loaf Hill. After entering the coppice
Andrews took him to the spot where there was a body lying. Witness
then examined a series of photographs of the place where the body
was found. The first was a view of the coppice looking towards Sugar
Loaf Hill, the next a view of the coppice from the hill above. About
the centre of the coppice, said witness, there was a clearing where
a figure could be seen lying. He found the body in line with a tree
shown on the left but further down the bank. Witness said photograph
No. 12 showed the appearance of the body as he first found it and
was taken a little later the same evening. Photograph No. 15 showed
the place where the body was found after it had been removed.
Overhead the branches to some extent overhung the glade but did not
completely cover it. Witness said later that same evening the coat
was removed from the body and photograph No. 13 showed the
appearance of the body with the coat off. The next photograph showed
the appearance of the body from the other side after the coat had
been removed. It also showed lying near the girl's right hand a
lady's handbag which he found there. “When I first went there I
lifted the coat off the face and immediately smelt that the body was
putrefying”, witness continued. “She weas quite cold, her arms were
quite stiff and slightly bent and her fingers were half clenched and
there was nothing in the hands. The legs were covered in scratches
going in all directions. The scratches were fresh and unhealed. The
hair was dragged down beyond the head. If the body had been in an
upright position the hair would have been above her head. The head
was pointing towards the fields and slightly downhill. Her face was
a normal colour and was turned to the right. The tongue was slightly
protruding and just showing between the teeth”. Witness said the
condition of the coat was sodden and wet. There had been some heavy
rain on Wednesday, May 21st and it rained a little on Tuesday
between 1.30 and 2.30 p.m. On the Monday (May 23rd) the weather had
been fine. He noticed that there was a little dirt splashed up on
the hands as if from heavy rain. There were also rain marks on the
handbag. The ground all round the body showed signs of heavy rain.
Dry bramble and leaves were in the clothing at the back. The shoes
were damp, but there was no mud on them. Nor was there any mud on
her clothing. The condition of the body and clothing gave the
appearance that it had been dragged along by the feet while lying on
the back. The ground underneath the body was dry. There was no sign
of a struggle in the glade where she had been lying. Near where she
was lying there was a rough footpath rising from the spot towards
Caesar's Camp. The ground of the footpath was a chalky clay and when
they found the body it was damp. Towards th top of the footpath
there was a barrier of branches and barbed wire as produced in
Court. A green spotted scarf (produced) was found around the neck.
The scarf was twisted twice round the neck and knotted twice. The
knot was on the right of the wind pipe. The scarf was tied very
tightly.
Mr. Waddy said he proposed calling Sir Bernard Spilsbury and Dr.
Roche Lynch, and he would like Dr. Barrett, the local Police
Surgeon, to be present in court while they were giving their
evidence.
Mr. Daniel said he objected. Dr. Barrett made the first examination
and it seemed that the opinion as to the cause of death might have
been slightly changed since then.
The Clerk (Mr. C. Rootes) said it was very difficult to come to any
decision without knowing what any of the witnesses were going to
say. The Bench were in the dark.
The Chairman (Councillor R.G. Wood) said the Magistrates saw no
reason for excluding Dr. Barrett from the Court during the hearing
of the evidence.
Sir Bernard Spilsbury, Honorary Pathologist to the Home Office, who
then went into the witness box, said on June 1st he made a post
mortem examination at the borough mortuary on the body of a oman
pointed out to him by Dr. Barrett. He saw the marks of a ligature
which encircled the neck at the level of the larynx. It was pale and
there was no injury of the skin beneath it. It was about one and a
quarter inches broad at the front, three-quarters of an inch broad
at the side and slightly more than an inch broad at the back. Sir
Bernard then gave evidence of external injuries, which included a
bruise across the bridge of the nose, two bruises on the right side
of the forehead close to the scalp, a bruise one and a half inches
long over the right low7er jaw, midway between the point of the chin
and the angle of the jaw. He said there were also two bruises each
about one and a quarter inches long and a third of an inch apart
along the left collar bone. On dissection those bruises were more
extensive than was apparent on the surface and involved the muscles
immediately above and below the collar bone. Another bruise was also
found immediately above the inner end of the right collar bone.
There was a bruise half an inch in diameter on the outer side of the
right upper arm, and two similar bruises on the inner side. There
was a long bruise on the inner side of the right forearm about
halfway down. Witness gave evidence of other bruises and scratches,
which Sir Bernard said were distributed widely over the right hip
and both sides and legs; also others on the back of the trunk up to
the lower part of the shoulders. There were also scratches on the
back of the right forearm, and one across the knuckles of the left
hand. He added that he found other bruises which were not visible on
the surface. The green scarf was produced and Sir Bernard said the
mark of the ligature he found was consistent with the scarf produced
having been tied tightly round the neck. Sir Bernard said the
deceased was a perfectly healthy woman. The general changes of death
from asphyxia were present, mainly the congested condition of the
organs and the dark and fluid condition of the blood. The asphyxia
was not produced by the scarf which was tied tightly round the neck
when the body was found.
Mr. Waddy: If it had been tied round the neck during life what would
have been the condition of the face?
Sir Bernard: The face would have been livid and there would have
been tiny haemorrhages in the whites of the eyes and the skin of the
face. The face must have been livid after death as long as the
ligature remained in position.
Mr. Waddy: What conclusions do you draw as to when the ligature was
applied?
Sir Bernard: It was applied after death. Continuing, witness said
the bruising on the left side at the back of the larynx indicated
that death was due to strangulation by the hand. The absence of
bruising and abrasions on the skin of the neck suggested that
deceased had been rendered unconscious before she was strangled.
Mr. Waddy: If a woman were conscious when she was being strangled by
hand would she be likely to struggle violently? - Yes.
Sir Bernard said the number and distribution of bruises over the
body indicated that deceased received a number of blows and some of
these, especially those on the face, might have rendered her
unconscious. Some of the smaller bruises on the arm, added witness,
might have been produced by forcible restraint and others on the
back of the neck and trunk by having been pressed firmly on a rough
ground in the course of a struggle. The bruises were all recent and
of a same age, and were produced shortly before death.
Mr. Waddy: Can you speak as to the possibility of death having been
produced by suicide?
Sir Bernard: It is quite out of the question.
Continuing, witness said the scratches could be accounted for if the
body were dragged through and over brambles to the place where it
was found. It was a strong presumption that death occurred not fewer
than three days before the body was found: it might have been
longer. Assuming certain facts, it would be consistent to presume
that death took place on the afternoon of May 23rd.
Cross-examined by Mr. Stuart Daniel, Sir Bernard said the absence of
purification might mean that deceased had been dead anything short
of three or four days. Death by the stopping of an artery would not
account for all the signs that he found.
Dr. Roche Lynch, official analyst to the Home Office, said the
jacket produced he received from Chief Inspector Parker. At the back
of it eight inches from the left side seam there was a tear. The two
points of the tear formed a right angle, the point of which was
directed downwards and towards the right. The fabric had been torn
and not cut. In his opinion the tear had been produced by some
rigid, rounded and sharp pointed article, perforating the fabric,
and whilst in that position the jacket had been moved downwards and
to the right, so that one point of the tear was directed upwards and
the other to the left away from the point of entrance. The tear was
in the cloth of the jacket only, the lining being undamaged. A tear
of that type was almost invariably produced when such a garment was
caught in barbed wire, but of course any similar sharp-pointed
article, if firmly fixed, could cause similar damage.
A photograph of a man wearing a coat was put in.
Dr. Roche Lynch said there was a tear in the coat of the man in a
similar position to the one in the jacket produced. Dr. Lynch next
examined the exhibit in court consisting of branches of a dead tree,
a post and barbed wire, referred to as “The obstruction” in
counsel’s opening speech. Witness said looking at the front of the
exhibit he saw towards the right-hand side a piece of barbed wire
going round a bough and at the lowest point there was a barb. If a
man wearing the jacket he had seen were to go through the gap
backwards the point of the barb could cause the tear that he found.
Continuing, Dr. Roche Lynch said he received from Inspector Parker
two tubes of semi-liquid material, which appeared to be stomach
contents. With the exception of small lumps of fat they showed
almost complete digestion.
Assuming the stomach contents were taken from the deceased the
condition would show that some hours had elapsed since the last meal
had been taken. The lumps of fat were butter fat. On July 8th he
received from Det. Sergt. Skardon a packet of Blue Label butter. The
lumps of fat and the butter showed a general similarity. On one end
of the green spotted scarf there were some signs of wear and in
places there appeared to be impressions in the fabric. There was a
slight sign of wear on the other side and three small holes. A pair
of braces were produced and Dr. Roche Lynch said the marks on the
bottom of one end of the scarf could have been produced by the teeth
of the clip of the braces.
Mr. Waddy said that point of evidence indicated that the green scarf
was a scarf probably worn by a man, who tucked the ends of it
through his brace buckle. He was going to prove that those braces
belonged to Whiting. He would also produce another pair of braces
belonging to the prisoner which could not have made those marks.
Dr. Roche Lynch said the pair of braces attached to the trousers
produced could not have made the marks on the scarf. Dr. Roche Lynch
gave evidence of receiving from Chief Inspector Parker on two
different occasions envelopes containing hairs. One contained some
hairs which had been subjected to some sort of bleaching process,
and the other envelope contained three hairs. Witness said there was
also a number of hairs which he himself took off the jacket which
was sent to him for examination. Two of the hairs came from inside
the left hand pocket of the jacket and they had certain
characteristics which were observed in the bleached hair.
At this stage the hearing was adjourned until next Monday.
|
Folkestone Express 23 July 1938.
Local News.
Two days of this week, so far, have been occupied at the Folkestone
Police Court in hearing the evidence against William Whiting, 38, a
Folkestone labourer, charged with the wilful murder of Mrs. Phyllis
May Spiers, aged 22, the Folkestone woman, on or about May 23rd
last.
Last week, when Whiting appeared before the Court, Mr. B.H. Waddy,
who appeared together with Mr. J. Donal-Barry, for the Director of
Public Prosecutions, opened the case, a number of witnesses,
including Sir Bernard Spilsbury and Dr. Roche Lynch, were called.
Whiting appeared in the dock on Monday, and the chief evidence was
that given by Chief Inspector Parker, who presented two statements
alleged to have been made by the accused. One was of exceptional
length, and it was stated that it occupied 2¾ hours to make. The
second was only very short, and in the course of it Whiting was
alleged to have said that Mrs Sniers had told him that she was going
to do herself in, and when he asked her how she was going to do it
said “Strangle myself with a scarf round my neck”. The statement
also mentioned that she was wearing a green scarf round her neck.
The hearing proceeded on Tuesday, and when the case was re-opened,
Mr. Waddy first told the Court that one of the witnesses he proposed
to call was in Hospital, unconscious and dangerously ill. When all
the other witnesses had been heard, Mr. Waddy said that he
understood the witness, whose name was Wanstall, would be well
enough to attend the Court on Friday, when the case for the
prosecution could be concluded. The magistrates thereupon remanded
Whiting until to-day (Friday).
The Magistrates were Councillor R.G. Wood, Alderman G. Spurgen, Mr.
L.G.A. Collins, Alderman J.W. Stainer and Mrs. A.M. Saunders.
The Court was held in the large hall of the Town Hall, and when the
hearing of the evidence was resumed on Monday the balcony was
crowded with the general public.
Whiting was provided with a chair in the dock, but for the major
portion of the clay be remained standing, and it was very rare that
he spoke to his counsel, Mr. J. Stuart Daniel, who was instructed by
Mr. Lloyd Bunce.
Dr. William Claude Percy Barrett, Police Surgeon, said on Thursday,
26th May, he went to the coppice near the foot of Caesar’s Camp,
where he saw the dead body of a woman. He saw a green scarf with
white spots (produced) around the woman’s neck. It was round the
neck twice and tied tightly with the knot pressing on the right side
of the neck. It was close under the chin and above the larynx. He
saw it cut and removed from the neck. The colour of the woman's face
was natural, and the expression on it was peaceful. There was no
blueness of the face, and the tongue was just between the teeth. It
was not injured. The nose was bruised and there was blood exuding
from both nostrils. It was consistent with a blow on the nose
shortly before death. Rigor mortis was definitely present. He did
not make a thorough examination in the coppice. The lower jaw and
the fingers were stiff. When they turned the body over there were
scratches on the left shoulder blade, and the position of the hair
and clothing gave the impression that the body bad be on dragged by
the feet. Dr. Barrett, proceeding, said later in the evening he
conducted a post-mortem examination in the Folkestone mortuary. On
examining the body he noticed a smell of putrifaction. All the
joints were affected by rigor mortis. The head, shoulders and the
hips were stiff, but they were movable. This he attributed to the
body having been moved to the glade. Rigor mortis was usually
complete in from ten to eighteen hours after death. The usual time
was ten to twelve hours. Rigor mortis usually lasted for 48 to 72
hours. The length of rigor mortis depended on climatic conditions.
Under cool conditions it lasted longer and was slower in its onset.
Continuing, Dr. Barrett said there was a bruise on the lower jaw,
three on the forehead, three on the inside of the right arm, one
three inches in length on the inner side of the left arm, and two
immediately below the collar bone. There were other bruises not
evident at the time. During the post-mortem examination he found two
collections of fly eggs on the body. Fly eggs were laid as soon as
the body putrified. At a temperature of about 50 degrees Fahr. such
eggs would take about three days to hatch. At about 8 p.m. on May
27th he saw the body again. He found, by testing, that rigor mortis
had disappeared, and the body was limp. He also took the contents of
the stomach at that examination. Witness said he showed the body to
Sir Bernard Spilsbury on June 1st, and was present when he made his
examination.
Mr. Waddy: What is your opinion as to the cause of death?
Dr. Barrett: Strangulation caused by compression of the carotid
arteries, causing immediate death.
Having regard to the dissection of the neck, what is your present
opinion? - Having regard to what I have seen since I think death was
due to pressure on the arteries rather than obstruction of the air
passages.
In all the circumstances, what do you say about how long before the
time that you saw the body on the evening of May 26th do you think
death took place? - At least two, or probably three, days.
Witness was cross-examined about the evidence he gave at the inquest
and the opinion he expressed then as to the length of time the woman
had been dead.
Mr. Stuart Daniel, referring to the evidence given at the inquest,
read: "The deceased had, in my opinion, been dead not longer than
two days” - you said that on oath?
Witness: Yes.
Later, witness said he could not remember what he said, but if
counsel had it in writing he would admit it. Continuing, witness
said the scratch on the left shoulder blade was caused after death.
Mr. Daniel: Were all the others, in your opinion, incurred before
death?
Witness: Quite definitely.
As to the cause of death, do you disagree with Sir Bernard
Spilsbury? - I do disagree with Bernard Spilsbury. In my opinion it
was caused by the tightening of the ligature.
Mr. Stanley Seymour Harrison, a photographer, of Tontine Street,
Folkestone, gave evidence of the photographs he had taken of the
body in the coppice and also of others taken when a tailor’s dummy
was used in connection with the obstruction, consisting of branches
of trees and a portion of the fence.
Mr. Bertram Harry Bonniface, Deputy Borough Coroner, said he had in
his possession a report made by Dr. Barrett to the Coroner of the
post-mortem examination on a woman unknown and put in at the
inquest.
Dr. Barrett, re-called by Mr. Waddy for re-examination, said the
report produced was the report he made to the Coroner.
Det. Inspector James O’Brien, of New Scotland Yard, gave evidence of
taking photographs of a green scarf, a pair of braces, and a
handkerchief. One of the photographs showed holes in the green scarf
made by the clip of the braces.
Mr. Robert Henry Bird, a photographer employed by a firm known as
Holiday Snaps, said the photograph of Mrs. Spiers produced was taken
on the promenade near the Royal Victoria Pier at approximately 11
a.m. on Saturday, May 21st.
Mr. Alfred James Carter, of Ramsgate, a photographer employed by the
same firm, said lie took the photographs produced near the Zig-Zag
Cafe on Saturday, 21st May. It was a photograph of Mrs. Spiers. The
other photograph of Mrs. Spiers was taken on Monday, 23rd May, at
about 11.30 to 12 a.m., judging by the shadows. He noticed that she
was wearing a scarf - it might have been a lined or spotted scarf.
Mr. Geoffrey Poole, Borough Surveyor’s assistant at Folkestone,
produced a plan of the coppice where the body of Mrs. Spiers was
found.
Mr. Douglas S. Moncrieff, 23, Guildhall Street, Folkestone, in
charge of the meteorological department of Folkestone, said on 23rd
May the maximum temperature was 64 degrees Fahr. and the minimum 42
degrees Fahr. The minimum grass temperature was 36 degrees. There
was no rainfall. On Tuesday, 24th May, the maximum temperature was
63 degrees, and the minimum 44. There was no rainfall recorded at 10
a.m., but at 6 p.m. there was 0.01 inches recorded. On Wednesday,
25th May, the maximum temperature was 59 degrees Fahr. and the
minimum 48 degrees. There was a fall of rain of less than .005
inches at 10 a.m., and at 6 p.m. .3 inches of rain. On Thursday, May
26th, the maximum ternoerature was 61 degrees, and the minimum 46
degrees. The rainfall at 10 a.m. was .02 inches, and at 6 p.m. nil.
Cross-examined by Mr. Stuart Daniel, witness said there was no
rainfall on Sunday, May 22nd.
At this stage the Court adjourned for lunch.
When the case was resumed, Mr. Stuart Daniel said he had a short
application to make on behalf of the prisoner, who complained that
he had not been given anything to drink since breakfast time.
The Chief Constable (Mr. A.S. Beesley) said he did not know whether
it was intoxicating liquor, but if it was anything else it could be
prepared for him.
Mr. Stuart Daniel: He is asking for a pint of beer.
The Clerk said that was not possible as it was intoxicating drink.
The Chairman said it was not really a matter for them to deal with.
Det. Con. Bates, the Coroner’s Officer, said he went to the coppice
at the foot of Caesar’s Camp, where be saw the body of the dead
woman. There was a smell of putrifaction. He saw the fly eggs, and
collected them in a glass tube, which be placed in a drawer at the
Police Station. He examined it from time to time, and on Sunday,
29th, at 9.30 a.m. be found that the eggs had hatched, and the grubs
were crawling. The approximate temperature of the office was 50
degrees Fahr. Continuing, witness said he showed the body of the
woman to Mr. Spiers, to a Mr. Santer and Mr. Wanstall. On 31st May,
in the evening, he took the prisoner to an outfitter in Folkestone
and purchased him a complete change of clothing. He changed into the
new clothing at the Police Station, and witness took possession of
all the clothing he had been wearing.
He was wearing a trilby hat, trousers and braces, and a jacket with
a tear. These he produced. The green zip-fastener purse (produced)
was found in the left-hand pocket of the jacket.
Mr. Waddy pointed out that was the pocket from which Dr. Roche Lynch
had said he had taken certain hairs.
Mrs. Bernice Katherine Hegarty, 18, Mead Road, Folkestone, said she
had known Mrs. Spiers as “Phyllis Minter” for about 3½ years. She
recognised the handbag which she knew belonged to the murdered
woman. She had a green purse which was something like the one
produced. Witness could not say whether it was the same one. She
remembered the murdered woman wearing a scarf, a plaid sort of thing
with a white and black fringe. The piece of material produced was
exactly like the scarf the murdered woman used to wear. She had
never seen Phyllis wearing a green spotted scarf like the one
produced.
Mr. Daniel: When was the last time you saw Phyllis?
Witness: On the Saturday before she was found.
Det. Sergt. Johnson said that on the evening of the 26th May he went
to the coppice at the base of Caesar’s Camp. He took possession of
the handbag (produced). He examined the contents of the bag, and
found the piece of scarf (produced) in the bag. On the 27th May he
made a search round the site and found a comb with one end broken
off. He examined the ground between the spot where he found the comb
and the barrier. The ground had the appearance of having had a heavy
object dragged over it in the direction of the barrier. Near the
spot where he found the comb he found a long hair, which he put in
an envelope. One hair was taken from inside the collar of the coat
covering the body. Another hair was taken from under the left lapel
of the coat, and another from the right lapel of the coat. He also
found a hair on the bramble over the body. He took a hair off the
fence post which formed part of an exhibit. In another envelope he
placed three hairs from the prisoner’s hat. He took some hairs from
the head of the deceased woman at the mortuary and placed them in an
envelope. On the 11th July last, in the presence of prisoner’s
solicitor, he took four hairs from the prisoner’s head. On the 31st
May he went to the common lodging-house at 50, Dover Street. He then
obtained from the deputy a suitcase full of property. He showed them
to the prisoner. Amongst the things were some photographs which
prisoner intimated he would like. He found a blue and white pair of
braces in the case. There was no scarf at all. He handed all the
property to Chief Inspector Parker. On the 7th July he purchased
half a pound of a certain make of butter and sent it to Chief
Inspector Parker.
Robert John Read, 50, Dover Street, Folkestone, said he was the
deputy of the lodging-house in Dover Street. He had known Whiting
well for six to eight years. Prisoner had stayed at the house and
was in and out of the house about two months ago. He kept a daily
record of the men who stayed in the lodging- house. On the 23rd,
24th, 25th and 26th of May Whiting was booked to stay the night. He
was occupying bed No. 25. He had a suitcase under his bed, which he
handed to a police officer. He could not remember the date, but it
was about the end of the week. There was an old bus driver’s coat
over the bed.
Mr. Stuart Daniel: Were there any braces lying about?
Witness: I don’t remember any.
There was a certain amount of stuff lying about belonging to various
people? - Yes, various articles.
If you find things lying about, and you do not know to whom they
belong, do you put them in his suitcase? - Yes, I do if the man has
one.
I suppose things sometimes get into a muddle? Yes, they pretty often
get into a muddle.
Chief Inspector W. Parker, New Scotland Yard, said on May 27th he
went to the coppice with Det. Sergt. Skardon. They went again the
following morning and examined the clearing. From the state of the
ground it was quite clear that some heavy object had been dragged to
the obstruction in the pathway. He saw the prisoner at the
Folkestone Police Station on May 30th. He was accompanied by Det.
Sergt. Skardon. He said “We are police officers from London making
enquiries concerning Phyllis May Spiers who was found dead on May
26th at Caesar’s Camp. I believe you knew her.” He replied “Yes.”
Witness then said “I desire you to tell me all you know about this
woman and your association with her”. Whiting replied “I will tell
you what I know”.
Mr. Daniel questioned Det. Inspector Parker about the circumstances
and the conditions when a statement was taken from Whiting.
Mr. Daniel: What was the time when you first came in contact with
him?
Det.-Inspector Parker: About ten o’clock at night.
Do you know how long he had been in the Police Station then? - No, I
do not.
Would you be surprised to know that he had been there since 7.30? -
No, I should not be surprised.
What time did he leave that evening? - I finished with him somewhere
about two o’clock in the morning, but, of course, there were
interruptions in between. I had to see other people, and he had his
storv to tell me, and his statement was taken after.
Are you sure it was not later than that? - No.
It was exactly two o’clock? - Yes.
Did you make him strip at this interview?
The Magistrates’ Clerk: At what stage, in the course of making the
statement?
Witness: After the statement had been taken from him in writing.
Mr. Daniel: At what time between ten and two was the statement
taken?
Det.-Inspector Parker: He commenced to tell me his story about ten
o’clock or shortly after, and I should think the statement was
commenced round about eleven o’clock.
How long did it take to get it down? - About 2¾ hours. It was
written down carefully and very slowly.
Did he sign it immediately? - After the statement had been read over
to him.
Whiting: You never read it over to me.
Mr. Daniel: Are you sure it was read over to him?
Det. Inspector Parker: I am positive.
Did you say “Now sign here and walk out a free man.”? - No, I
certainly did not.
Did you say anything of that sort? - No.
Was anything of that sort said to the prisoner in your presence? -
No.
Did he have anything to drink during this time? - Whilst I was
there, no.
You were there all the time? - During the time I have mentioned.
Whiting, in his statement, said: “I am a widower, my wife died on
3rd May, 1936. She was strangled by George Arthur Bryant, who was
afterwards executed at Wandsworth. I was at the time of her death
living apart from my wife. I had three children by her. My wife left
me in 1935.” Later, went on the statement, he lived in Dover with a
Mrs. Woodbridge. She left him in November, 1937, after her mother
received a letter from a landlord in Folkestone saying that her
daughter was drinking in public houses. While he was living with
Mrs. Woodbridge a young girl, who Mrs. Woodbridge said was named
Phyllis Minter, came to see her. In his statement Whiting said he
met the murdered woman on Monday, May 23rd at about 12.30 p.m., and
they went to the Globe public house on The Bayle. They stayed for
about ten minutes. While they were there she said she could get
married again. “I said ‘Can you?’” continued Whiting’s statement,
“and read the divorce papers. She said ‘Why don’t you marry me and
let’s go back to Dover?’” The statement then went on to describe how
Whiting and the girl went to the golf links. “We sat down on the
grass”, it continued, “when she pulled out something wrapped in
brown paper. Some stitches and a ring, a little bone ring. She said
they were stitches which had been taken out of her operation. We
were both thinking. I don't know what was the matter with her that
day. She was not cheerful. She did not speak much. I believe there
was something worrying her. I have seen her like it at Dover when
she came in staring at me. I cannot say what was on her mind.
Perhaps it was because she was down and out. I said nothing to upset
her”. Continuing, the statement described how they made their way to
Cherry Garden Lane and into Cheriton Road, after crossing the golf
links. “I told her that I worshipped Rose”, it continued. “I said
'If Rose does not come back I shall never settle down again'. I did
not see Phyllis at all on Tuesday. Phyllis and I did not discuss
living together before last Monday”.
Continuing his evidence, Chief Inspector Parker said he examined the
prisoner's body, and there were no scratches on it. He was wearing a
blue cloth jacket. At the back of the jacket, at the point of the
left shoulder blade, there was a right angle tear. Witness asked him
where he tore his jacket, and he replied “I don't know where or when
I did it”. He showed him the green scarf and asked him if he
recognised it. He replied “I have never seen it before. I have not
worn a scarf myself for a long while, and I have never had one like
that”. At about 11.15 p.m. on June 1st he, together with Det. Sergt.
Skardon. saw ihe prisoner and went through the statement up to the
point where he referred to sitting on the grass on the golf course
on May 23rd. Whiting then made a statement which witness immediately
instructed Sergt. Skardon to write down. Witness said to the
prisoner after the statement had been taken “Would you care for this
statement which you have just made to be taken down in writing?” He
replied “Yes, it is quite true”. The prisoner was taken to the Chief
Constable’s office, where he was cautioned, and the statement was
read to him from Det. Sergt. Skardon’s notebook. The statement was
as follows: “When we went on to the golf course on the Monday, the
day I have already told you about, I mean when I was with Phyllis
and when we were sitting on the grass, she was very quiet, and I
said ‘What is the matter?’ She said ‘I am fed up and I am going to
do myself in’. I said ‘How are you going to do it?’ and she said
‘Strangle myself with a scarf round my neck’. She was wearing a
green spotted scarf. After we got up and walked across the golf
links. She was very quiet and kept saying she was fed up. I have not
seen her since that Monday, 22nd May, 1938.” “I might tell you that
she was partly the cause of Rose Woodbridge leaving me”, the
statement concluded. Describing how the last sentence of the
statement came out, witness said before Whiting made the last part
of the statement there was some delay. He was very quiet and he
appeared to be thinking very deeply.
The case was at this stage adjourned until the following day.
Before the evidence for the prosecution was continued on Tuesday Mr.
Waddy referred to a witness who was unconscious and in Hospital. He
said one of the witnesses he proposed to call that day was in
Hospital dangerously ill. An officer was waiting to see if he
regained consciousness, and if he did it might be necessary to take
an examination of the witness at the Hospital, which was permissible
under the Criminal Law Amendment Act, 1867. It was important, he
continued, that if a witness was ill and not likely to recover that
it should be done. The Court would adjourn to the Hospital.
The Chairman of the Magistrates: It is very unfortunate.
Mr. Wadcly: I understand it was only this morning that the witness
was admitted to the Hospital unconscious.
When the day’s proceedings were brought to a close, Mr. Waddy said
he could have completed all the evidence had it not been for the
unfortunate illness of the witness, Wanstall, who was still in
Hospital. He was told that Wanstall was expected to be there to give
evidence on Friday.
It is understood that a man named Frederick Wanstall, of Invicta
Road, an employee of the Folkestone Golf Club, was found unconscious
at the edge of a pond on the golf links on Tuesday morning. His
clothing was wet, and he was taken to the Royal Victoria Hospital,
where he was detained.
Chief Inspector Parker went into the box for the purpose of Mr.
Stuart Daniel continuing his cross-examination.
Mr. Stuart Daniel: Why did you read through his statement?
Witness: I was endeavouring to test the accuracy of his statement.
During the interview was it you that first mentioned suicide? - No.
Det. Sergt. Skardon? - No.
Det. Sergt. Skardon, New Scotland Yard, said on the afternoon of
27th May, 1938, he went with Chief Inspector Parker to a coppice
near Caesar’s Camp. It was raining heavily at the time. He noticed a
clearing to the west of the barrier which was an exhibit. There were
signs as if some heavy object had been dragged towards the barrier
from a spot about ten to fifteen feet away. He was present when the
statement was made by Whiting. Prisoner was wearing a blue jacket
which had a right-angle tear. Chief Inspector Parker said “Where did
you tear your jacket?” and be replied "I don’t know where or when I
did it”. He saw Chief Inspector Pinker produce the scarf and said
“Do you recognise the scarf?” Whiting said “I have never seen it
before. I have not worn a scarf myself for a long while, and I have
never had one like that”. On the 1st June he was present throughout
the interview in which the second statement was made. On the fourth
June he posed for the photograph (produced). On the 8th June he
posed for a second photograph. He went through the barrier
backwards, the only practical way, wearing a blue tunic. He tore his
tunic on the barb of wire which he saw in the exhibit. He tore it on
the left shoulder blade. That tear was quite accidental though he
Knew there was a barb there and there was a chance of tearing it.
Mr. Stuart Daniel: You have seen both these tears, have you?
Witness: Yes.
They are quite a different shape? - 'Yes, they are different
materials.
The weave in the two coats runs at the same angle from the shoulder?
- Yes.
Was it not you or Inspector Parker who first suggested suicide? -
No.
Did you say to the prisoner “He is trying to help you”? - No.
Pte. Harold Wall, of the 1st Bn. Royal Berkshire Regiment, stationed
at Shorncliffe, said that he recognised a girl in the photograph
(produced) as Phyllis Butcher. He met her first about last March. He
became friendly with her, and they lived together as man and wife
from about 15th to the 19th May in Sandgate. In the photograph he
saw that Phyllis was wearing a scarf. It was his scarf. The piece of
scarf (produced) was part of his scarf. On two sides it was plain
and on the other two a sort of fringe. He had the fringe cut off and
the ends bound over. One side of the material produced showed where
it had been bound over. He last saw her on the 19th May, and he left
the scarf behind him. He went to Aldershot. He had never seen the
green scarf (produced) in Phyllis’ possession.
Mr. John Joseph Hearst, 100, Joyes Road, Folkestone, manager of
Messrs. Hepworth’s, Folkestone, said they stocked a similar scarf to
the one produced. They stocked them from October, 1936, to November,
1937. He might have had them in stock after that date, but could not
say definitely. They were definitely again in stock from October,
1937, to February or March, 1938.
Mr. Stuart Daniel: It’s a very common type of scarf isn’t it?
Witness: Yes.
Mr. Joseph Charles Kember, 4, Shakespeare Road, Dover, employed at
the Folkestone Employment Exchange, said he knew the prisoner by
sight, and had interviewed him in connection with his duties. He
last sent him to work on the 19th April to the Esplanade Hotel. He
noticed he was wearing round his neck a scarf or neckerchief. It was
dark green with white spots. The green scarf (produced) was very
similar to the one he wore. It was tied at the left-hand side of the
throat. He would think that it was wound twice round the neck and
then tied. It appeared to be in a reef knot. He saw him wearing the
scarf on the 21st April. On the 16th to 20th May, to the best of his
recollection, Whiting was wearing the scarf. That was the last time
he saw him wearing the scarf. He next saw him on the 30th May, but
he could not say whether he was wearing a scarf at all.
P.C. Pearce, Dover Borough Police, said on the 9th April last the
prisoner was in his charge at Dover for about three-quarters of an
hour. He noticed that he was wearing a bottle green scarf with dirty
white spots around his neck. The green scarf (produced) was very
similar to the one that lie saw. The scarf was wound round
prisoner's neck twice and tied in a small knot on the left-hand side
of his neck.
Mr. Stuart Daniel: I want to get it quite clear it was not in
connection with any criminal offence that he was in your charge?
Witness: No.
Mr. John McKinnon Taylor, 24, Walton Gardens, Folkestone, a clerk in
the Folkestone Employment Exchange, said that he knew the prisoner
by sight. He went on leave on the 21st May and returned on the 30th
May. He last saw the accused on Friday, the 20th May, before he went
on leave. On that occasion Whiting was wearing a green scarf with
white spots round his neck quite similar to the one produced. He had
frequently seen him wearing the green scarf. He saw the prisoner on
the 30th May, and he was not wearing any scarf then, and he had
never seen him wearing a scarf since that date.
Mrs. A.M. Wright, of 9, Garden Road, Folkestone, said she recognised
Mrs. Spiers in the photograph. She came to her house on Saturday,
21st May, and witness let her a room in the name of Phyllis Minter,
She stayed in the house on Saturday night, and on the Sunday night,
and witness took her bread and butter and tea into her room on
Monday morning. She used a certain kind of butter. On Monday morning
witness went out with Phyllis, and they walked into the town. They
did some shopping and left each other at 10.25 a.m., when witness
caught a bus in Sandgate Road. She had not seen Mrs. Spiers since,
but she had an appointment to meet her at the Lido at 7.45 p.m. on
the Monday. Witness kept the appointment, but Mrs. Spiers did not
arrive. Witness went home and waited for Mrs. Spiers. The comb
produced belonged to Mrs. Spiers. She saw it on the chest of drawers
by the side of her bed. As far as she could see Phyllis did not have
a green scarf similar to the one produced.
Mr. Hubert Pynaert, a waiter at the Royal Pavilion Hotel, said he
first saw Mrs. Spiers at the hotel, where she was working, about a
year ago. He had only seen her once this year, on May 23rd, at 9.40
a.m., and he was with her until 12.30 p.m. During that time they
walked by the beach. She was wearing a dark scarf with light lines
in it. The piece of material produced was similar to the scarf.
Mr. Charles Leonard Varrier, of 13, New Street, Folkestone, said he
knew the prisoner and Mrs. Spiers. He knew her as the “Minter girl”.
He last saw her on May 23rd at about 1.30 p.m. or 1.40 p.m. on the
corner of New Street. He saw Whiting come out of a shop and go over
to her. They both turned the corner of Bradstone Road together.
Mrs. Lilian Maude Varrier, wife of the previous witness, said she
knew the prisoner. She saw him on Monday, May 23rd. He went to the
corner of Bradstone Road and New Street, where he met a girl wearing
a long blue coat.
Mrs. Norah Laws, of 68, Foord Road, said she knew the dead woman as
Mrs. Butcher. She came to her house on a Thursday in May and took a
room. She stayed for two nights, Thursday and Friday nights. She
left without paying witness. Continuing, witness said she saw Mrs.
Spiers the following Monday at dinner time. She was with a man. Mrs.
Spiers ran after her and spoke to her. She saw Mrs. Spiers and the
man cross over by the Foord baths. That was the last she saw of her.
Mr. William David Marsh, of 18, Clarence Street, Folkestone, a
Folkestone Corporation employee, said he had to do some repair work
to paving stones in Radnor Park Avenue, opposite the Peter Pan Pool.
On Monday, May 23rd, he saw Whiting and a woman pass, going in the
direction of the golf links. He did not know the woman.
William J. Harbird, of 23. Allendale Street, Folkestone, a gardener,
employed at 7, Julian Road, said he saw Whiting in Radnor Park
Avenue either on May 23rd or 24th with a woman. They were going
towards the golf links. The woman was wearing a blue coat and was
hatless. He recognised the young lady in the photograph produced.
Mr. Harry James Santer, of 5, Pavilion Road, Folkestone, a
groundsman employed by the Folkestone Golf Club, said on June 1st he
was shown the dead body of a young woman. He had seen her before on
May 23rd at about 1.20 p.m. on the beach road at the Folkestone golf
links. Whiting was with her. He saw the girl sit down on the bank
and Whiting standing about nine feet away from her. He noticed that
the girl was very red under the eyes, and it appeared to him as if
she had been crying.
Mr. Waddy said the next witness he wanted to call was the one in the
Hospital.
Mrs. Florence Thompson, of 19, Hamilton Road, Dover, said she knew
the dead woman, Phyllis, and Whiting. She had noticed that the
prisoner wore a green scarf similar to the one produced. She had
seen him wearing the scarf at Dover on several occasions. Once, when
she came over to Folkestone she saw Whiting at the Guildhall Hotel a
day or two before May 30th. She went to various places, and
eventually to the South Foreland public house with Whiting. Witness
mentioned she knew a girl called Rose. Whiting told her that he
thought a lot of Rose, and he did not know the reason why she left
him. Witness said she happened to mention Phyllis' name in Jordan's
public house, and Whiting said “If you don't keep your mouth shut I
will put you on the spot”. Witness said it was a shame Phyllis was
murdered, as she was a decent girl. Whiting asked her how she would
like a scarf round her neck. “He said 'You can do a murder without
finding the print marks or the foot marks'”, continued witness. “I
said 'No, it would not pay you to'”, added witness.
Mr. Robert William Weatherhead, of 35, Darlington Street,
Folkestone, said he knew Whiting well. He remembered a “noisy”
evening at the Guildhall public house on a Friday about 23rd or 24th
June. Whiting was in the saloon bar and came round to the public bar
and played a game of darts with witness as his partner. Whiting was
abusive to the landlord, and witness tried to pacify him. Whiting
tucked up his sleeves and rushed towards the counter. Witness tried
to pull him back, and he said “You ----. I will serve you the same
as I served the blondie”.
Mr. Daniel: I think I will have an objection to this evidence.
Mr. Waddy: How can there be any objection?
Witness said that Whiting had had one or two drinks.
Mr. Daniel said he did object to the evidence. It was not admissible
against him unless it amounted to a confession or admission of facts
which tended to prove that he committed the crime. Taken at its
worst, the evidence amounted to nothing more than the admission of a
violent act on an unspecified person.
The Chairman of the Magistrates said they did not find any grounds
on which they could object to the evidence going in.
Mr. William W.H. Hall, of 16, Great Fenchurch Street, Folkestone,
said he had seen Whiting with Rose Milton (Mrs. Woodbridge) at the
Elham Institution. Whiting stayed with witness in March for about
two weeks. He said he wished he was back with Rose, and if she ever
wanted to, he was willing to start a home. Witness knew they had
been living together. Whiting used to talk about her a lot. Whiting
wore a green scarf with white spots on it. He wore it twice round
his neck and tucked inside his jersey.
Mrs. Daisy E.C. Hall, wife of the last witness, said Whiting seemed
very upset that Rose had left him, and blamed the girl’s mother. She
did the prisoner’s washing, and she remembered that he had a green
scarf with white spots on it.
Cross-examined, witness agreed that Whiting had only one pair of
braces.
Mrs. Elvey Flynn, of 21, Fenchurch Street, Folkestone, said she knew
the murdered woman as Phyllis Minter. She also knew Rose Milton,
Whiting and Mr. and Mrs. Hall.
Whiting asked her on one occasion if she had seen Rose. She replied
she had not seen her since the time she came out of the pictures. He
said “Have you said anything to her?” and she replied “No”. He then
asked her if she knew anyone who had, and did she think Phyllis had
said anything? He said if he did find out anybody who did tell her
anything he would strangle them. Witness noted that the prisoner
wore a green scarf with white spots on it. The scarf produced was
the scarf. She had seen him put it on. He knotted it in front and
twisted each end round his braces.
Mrs. Rose Cathleen Woodbridge, of the Eight Bells lodging house,
King Street, Canterbury, said she knew a man named Milton, and for a
time lived with him as his wife. While she was living with Milton
she got to know a girl named Phyllis Minter. On 4th September, 1935,
she married Mr. Woodbridge and lived with him for nearly a year.
After she had separated from him she lived with the prisoner. At
that time she had known Whiting for just over a year. She lived with
him until a fortnight before Christmas, when she went home. She had
been to the Alexandra public house, Folkestone, with Phyllis while
she was living with Whiting. When she got home she told Whiting
about two fellows who had asked her and Phyllis to go away with
them. Whiting started to get a bit rough over it. He said “If you
don't stop going about with Phyllis I shall do something wrong”. He
said he would try to strangle her (Phyllis), and witness told him to
be careful as walls might have ears. Later on her (witness’) mother
came and took her home, and Whiting was quite upset. She had not
seen him since she left him.
While Whiting lived with her he wore a green scarf with white spots
round his neck. It was similar to the scarf produced. She had worn
the scarf which he had said he had purchased from Hepburn’s near the
Savoy Picture Theatre.
Mrs. Woodbridge, accompanied by Mr. Lloyd Bunce and Det. Segrt.
Skardon, was taken out to identify the shop. When she returned she
said it was Lewis and Hyland's.
Cross-examined, witness said Whiting had only one pair of braces.
Alfred James Moore, of 10, Dale Street, Chiswick, said in the early
part of the year he was employed as a clerk in the Public Assistance
Department at Folkestone. He had seen the prisoner on several
occasions in the middle of March and he noticed that he was wearing
a green scarf with white spots.
Mr. Waddy said had it not been for the unfortunate illness of an
important witness he could easily have finished. He was unable to
call a man named Wanstall, who was in Hospital. He was told that
they expected to have Wanstall there to give evidence by Friday. It
was just possible that in calling him he might have to call one more
witness to fix a certain place and date.
Whiting was remanded in custody until today (Friday).
|
Folkestone Herald 23 July 1938.
Local News.
William Whiting, aged 38, a general labourer, of Folkestone, charged
with the murder of Mrs. Phyllis May Spiers, a Folkestone woman, was
committed to take his trial at the Central Criminal Court next
September, when the case for the Crown was concluded at the
Folkestone Police Court yesterday.
After two all-day sittings on Monday and Tuesday, the hearing was
adjourned until yesterday owing to the illness of a witness, who was
found unconscious near a pond on the golf links early on Tuesday
morning. During the hearings earlier in the week the case for the
prosecution had been continued, a large number of witnesses being
called. On Monday two alleged statements made by Whiting to Chief
Inspector W. Parker, of Scotland Yard, were read. On Tuesday
witnesses gave evidence of alleged statements which had been made by
the accused in local public houses on occasions since the finding of
Mrs. Spiers’s body in a coppice near Caesar’s Camp, Folkestone, on
the evening of Thursday, May 26th. There was much public interest in
the proceedings.
The magistrates were: Councillor R.G. Wood (presiding), Alderman G.
Spurgen, Mr. L.G.A. Collins, Alderman J.W. Stainer, and Mrs. R.L.T.
Saunders.
Mr. Benjamin H. Waddy conducted the case for the Director of Public
Prosecutions with Mr. F. Donal-Barry, and Mr. J. Stuart Daniel,
instructed by Mr. H. Lloyd Bunce, defended.
Dr. William. Claude Percy Barrett, Police Surgeon, was the first
witness when the case was continued on Monday. He said that on
Thursday, May 26th at about 6.30 p.m. he went to a coppice at the
foot of Caesars Camp. Chief Inspector Hollands was there with other
officers. Witness saw there the body of a woman. There was a green
scarf with white spots around the neck. It was wound around twice
and tied very tightly with the knot pressing on the right side of
the neck. It was above the larynx and close under the chin. The
colour of the face was natural and the expression was peaceful.
There was no blueness or lividity of the face. The tongue was just
between the teeth and it was not injured. The nose was bruised and
there was blood exuding from both nostrils. The condition of the
nose was consistent with a blow shortly before death. The lower jaw
was stiff when examined in the glade and the fingers were also
stiff. The appearance of the scratches on the left shoulder blade
and the position of the hair pointed to the fact that the body had
been dragged by the feet. Later that evening witness conducted a
post mortem at the Folkestone Mortuary. On entering the mortuary
there was a distinct smell of putrefaction. He noticed one bruise on
the lower jaw and three bruises on the forehead. There were also
three distinct bruises on the inner side of the right arm, and two
immediately below the collar bone, one the size of a threepenny bit
and the other the size of a shilling. There were multiple other
bruises which were not visible at the time. He discovered two fly
eggs on the body. Fly eggs were normally laid on the flesh as soon
as it putrefied. At a temperature of about 50 degrees Fahrenheit
they would take about three days to hatch. On July 1st he showed the
body to Sir Bernard Spilsbury and was present when he made his
examination. In his (witness’s) opinion the cause of death was
strangulation caused by compression of the carotid arteries causing
immediate death. After what he had subsequently seen he was still of
the opinion that death was due to the compression of the arteries
rather than the obstruction of the air passage. Death took place at
least two, and probably three days, before the evening of May 26th.
Mr. Daniel: That is quite different from the opinion you held
formerly.
Dr. Barrett: I presume you are referring to the short report I made
at 2 a.m. for the Coroner. I had had no time to consider it fully
then.
Mr. Daniel: I have the evidence you gave at the inquest. That was
not at 2 a.m.
Witness said since then other information had come to hand.
Mr. Daniel: Were not the full facts before you? - No, I don’t think
so. The fly eggs had not hatched then and that was a factor that
helped. Furthermore, on Saturday there were signs of putrefaction
which I did not know until after the inquest. There were no such
signs when I examined it.
Mr. Daniel: You found scratches on the left shoulder blade. Were
they made in your opinion after or before death? - After death. The
mark was not a bramble scratch. All the others occurred before
death.
Mr. Daniel: I take, it as to the cause of death, you disagree with
Sir Bernard Spilsbury?
Dr. Barrett said he did disagree as to the cause of death.
(At the previous hearing Sir Bernard gave the cause of death as
manual strangulation.)
Stanley S. Harrison, a professional photographer, gave evidence of
photographs he had taken of the place where the body was found.
Mr. Waddy said he understood that the Coroner had raised some
objection as to the report made by Dr. Barrett to him being produced
there. He wanted the report put in because counsel for the defence
had asked about it: if necessary he would have to call the Coroner
to produce the document and then put it to Dr. Barrett.
The Chairman: I should have thought he would have preferred to let
you have the report.
Mr. Waddy then called Mr. Bertram Harry Bonniface, Deputy Coroner,
who said he had in his possession a report made by Dr. Barrett to
the Coroner with regard to his post mortem and put in at the inquest
held on May 30th.
Dr. Barrett was then re-called by Mr. Waddy and asked to look at the
report he made to the Coroner.
Mr. Waddy: In the last paragraph of the report you say: “Death
occurred at least 48 hours before the body was found and very likely
72 hours, i.e., Monday night, May 23rd, or Tuesday night, May 24th”.
Dr. Barrett: That is so.
Mr. Daniel said his questions were in regard to the evidence Dr.
Barrett gave at the inquest. He then found deceased had not been
dead longer than two days.
Det. Inspector J. O’Brien, New Scotland Yard, said on July 1st he
made photographs of a green scarf, a pair of braces, and a
handkerchief.
Robert H. Bird, a photographer employed by Holiday Snaps, gave
evidence of taking a photograph of Mrs. Spiers on Saturday, May 21st
on the promenade near the Victoria Pier.
Alfred James Carter, another photographer employed by the same firm,
also gave evidence of taking two pictures of deceased, one on the
Saturday, May 21st, and the other on Monday, May 23rd. The second
picture was taken about 11.30 to 12 o’clock near the Zig Zag cafe on
the promenade. He could not describe the scarf Mrs. Spiers was
wearing: it might have been a lined or spotted scarf.
Geoffrey Poole, assistant to the Borough Surveyor of Folkestone,
produced a plan of the coppice and country surrounding it.
Douglas S. Moncrieff, in charge of the Meteorological Department,
Folkestone, said on May 23rd there was no rainfall. At 6 p.m. on May
24th there was recorded one-hundredth of an inch of rain. On May
25th there was recorded .3 inches of rain, and at 10 a.m. on the
following day .02 inches of rain.
When the hearing was resumed after lunch, Mr. Daniel said the
accused had a complaint to make. He had had nothing to drink since
he had been there.
The Chief Constable (Mr. A.S. Beesley) said he did not know whether
it was intoxicating liquor prisoner wanted, but if it was anything
else it could be prepared for him.
Mr. Daniel said the prisoner was asking for a pint of beer.
The Chairman said they could not give permission for that.
Det. Constable Bates, Coroner’s Officer, gave evidence of proceeding
to the spot where the woman’s body was found. Witness said he put
the fly eggs referred to by Dr. Barrett in a glass tube and left it
at the Police Station. He examined the tube from time to time. At
10.30 p.m. on Saturday, May 28th there was no sign of life, but on
the following morning at 9.30 a.m. he found that the eggs had
hatched and the grubs were crawling. The temperature of the room was
approximately 50 degrees Fahrenheit. On May 31st, in the evening, he
took the prisoner to an outfitter in Folkestone and purchased for
him a complete change of clothing. He then went with him to the
Police Station where he changed into the new clothing. Witness took
possession of all the clothing Whiting had been wearing. The hat,
trousers with braces attached, and a jacket were produced. Witness
said there was a tear in the jacket. The green zip-fastener purse
was in the left hand pocket of the jacket.
Mr. Waddy: That was the pocket from which. Dr. Roche Lynch said he
took certain hairs.
Bernice Katharine Hegarty, 18, Mead Road, Folkestone, who said that
she had known Mrs. Spiers as Phyllis Minter for three and a half
years, stated that she recognised the handbag produced as belonging
to the dead woman. She also had a green purse. Witness could not say
whether the purse produced was the one: it was something like the
one Phyllis had. She had seen the dead woman wearing a scarf—a plaid
sort of thing with a white and black fringe. The pieces of material
(produced) were like the scarf she used to wear. Witness had never
seen Phyllis wearing a scarf like the green one with white spots.
Mr. Daniel: When did you last see Phyllis?
Witness: On the Saturday before she was found.
Robert John Read, 50, Dover Street, Folkestone, said he was the
deputy of a lodging house at that address. He had known Whiting well
for six or eight weeks. He had known him for 15 years as a
Folkestone man. He kept a daily record of the men who stayed at the
house. On May 23rd Whiting was booked as having stayed there the
night. He had also stayed there on May 24th, 25th and 26th. He was
occupying a bed at the top of the house. He had a suitcase under his
bed which witness handed to a police officer at the end of the week.
Whiting had an old bus driver’s coat hanging over the bed, but
practically everything he had was in the suitcase.
Cross-examined, witness said he did not put anything into the
suitcase. There was often something left behind by other people when
they went out and the beds were so close together that it was
difficult to tell whose it was. If he found things lying about and
knew to whom they belonged he put them into a suitcase.
Mr. Daniel: I suppose things sometimes get into a bit of a muddle?
Witness: Pretty often.
Mr. Daniel: Is it common for men who come to the house to have two
pairs of braces? - It is seldom that the men have two suits let
alone two pairs of braces.
Det. Sergeant Johnson said on the evening of May 26th he went to the
coppice at the base of Caesar’s Camp. He took possession of a
handbag and examined the contents. He found a piece of scarf
material in the handbag.
On May 27th he made a search around the spot where the body was
found during the evening. He found a comb with one broken end in the
clearing. He examined the ground between the spot where he found the
comb and the barrier of boughs. It had the appearance of having had
a heavy object dragged over it in the direction of the barrier. He
also found a long hair close to the spot where he found the comb. On
May 26th witness obtained a hair from inside the collar of the coat
covering the body. Another hair he found on the left lapel of the
coat and he also discovered a further hair on the right lapel. He
found another hair on the bramble over the body. He took a hair off
the post of the barrier. He also took three hairs from inside
Whiting’s hat. He obtained other hairs from the head of the deceased
on June 1st at the mortuary. In the presence of prisoner’s
solicitor, on July 11th, witness obtained four hairs from his head
and handed those with the others to Chief Inspector Parker. On May
31st he went to a lodging house, 50, Dover Street, Folkestone, and
there obtained from the deputy a suitcase of clothes, the property
of the prisoner. Whiting later saw it at the Police Station and he
made some remarks about some photographs which were amongst the
clothes. He said he would like to have them. In that suitcase there
were a pair of blue and white braces. There was no scarf in the
case. Witness said on July 7th he purchased ½ lb. of Blue Label
butter which he sent to Chief Inspector Parker.
Mr. Daniel did not ask any questions.
Det. Inspector William Parker, New Scotland Yard, said on May 27th
he went with Det. Sergeant Skardon to the coppice near Caesar’s
Camp.
He returned there on the morning of May 28th and examined the
clearing. It was quite clear that some heavy object had been dragged
to the obstruction in the pathway. On May 30th at 10 p.m. with Det.
Sergeant Skardon he saw Whiting at the Police Station. He said to
prisoner “We are police officers from London making enquiries
concerning Phyllis May Spiers who was found dead on May 26th at
Caesar’s Camp. I believe you knew her”. He said “Yes”. Witness then
said “I desire you to tell me all you know about this woman and your
association with her”. He replied “I will tell you what I know”.
Mr. Daniel: Was this the occasion when prisoner came to the Police
Station from Woolworths?
Witness: I could not say.
Mr. Daniel: What time was it you came into contact with him? - About
10 o’clock at night.
Did you know how long he had been in the Police Station? - I did
not.
Would you be surprised to know he had been there since 7.30? - No, I
should not be surprised.
What time did he leave? - I finished with him somewhere about 2
o’clock in the morning. There were interruptions in between.
Are you sure it was not actually rather later than that? - No.
Did you make him strip at this interview? - Yes.
The Clerk (Mr. C. Rootes): At what stage?
Witness: After the statement had been taken from him.
Mr. Daniel: At what time between 10 p.m. and 2 a.m. was the
statement taken? - Round about 11 o’clock.
How long did it take to get the statement? - About two and
three-quarter hours.
Did he sign it immediately? - After the statement had been read over
to him.
You are quite sure it was read over to him? - He signed it.
Did you say “Now sign here and walk out a free man”? - No, I
certainly did not.
Did you say “Sign here and you can go”? - No.
Did you say anything of that sort? - No.
Did he have anything to drink all this time? - While I was there,
no.
The question whether the alleged statement was admissible was raised
and the Magistrates decided that it was quite admissible.
The alleged statement was then read by Mr. Barry. It commenced: “I
am a widower. My wife died on May 3rd, 1936. She was strangled by
George Arthur Bryant, who was afterwards executed at Wandsworth. I
was at the time of her death living apart from wife”. The statement
went on to say that his (Whiting’s) wife left him in 1935. Later he
had lived in Dover with a Mrs. Woodridge, who left him in November,
1937, after her mother had received a letter from a landlord in
Folkestone saying that her daughter was drinking in public houses.
While they (Whiting and Woodridge) were living at Dover a young
girl, whom Mrs. Woodridge said was Phyllis Minter, came to see Mrs.
Woodridge. Coming to Monday, May 23rd, the alleged statement
described how Whiting met Mrs. Spiers about 12.30 p.m. and they went
to the Globe Hotel on The Bayle. “We stayed there about 10 minutes",
the alleged statement continued, “and she said she had something to
show me, and she showed me some divorce papers. She said ‘I can get
married again’. I said 'Can you?’ and read the divorce papers . . .
She said ‘Why don’t you many me and let’s go back to Dover?’ “ The
alleged statement next described how they went together to the golf
links, and added “We sat down on the grass when she pulled out
something wrapped in brown paper, some stitches and a ring, a little
bone ring. She said that they were stitches which she had had taken
out after her operation. We were both thinking. I don’t know what
was the matter with her that day; she was not cheerful. She did not
speak much. I believe there was something worrying her. I have seen
her like it at Dover when she came in staring at me. I cannot say
what she had on her mind. Perhaps it was because she was down and
out. I said nothing to upset her”.
The alleged statement went on to say that they crossed the golf
links and then went up Cherry Garden Lane, by the War Memorial, and
into Cheriton Road. I again told her I worshipped Rose (Mrs.
Woodridge)”, continued the statement. “I said if Rose does not come
back I shall never settle down again”. The alleged statement next
dealt with Tuesday and the Wednesday, and in it Whiting said that he
did not see Phyllis on the Tuesday. It also stated that before the
Monday (May 23rd) they had not discussed living together before.
Continuing, witness said he examined defendant’s body and there were
no scratches or injuries on it. He noticed on the defendant’s jacket
at the back, at the point of the loft shoulder blade, there was a
right angle tear. He said to Whiting “Where did you tear your
jacket?” and he replied “I don’t know where or when I did it”.
Witness said “Do you recognise this scarf?” He replied “I have never
seen it before. I have not worn a scarf myself for a long while, and
I have never had one like that”. About 11.15 p.m. on June 1st he saw
Whiting again at the Police Station and went through the statement
with him up to the point where he spoke about sitting on the grass
on the golf course. Whiting then made a statement. Afterwards
witness said to prisoner “Would you care for the statement you have
just made to be taken down in writing?’' He said “Yes, it is quite
true”. Witness then cautioned Whiting. Witness then dictated to
prisoner the statement Det. Sergeant Skardon had written down.
The alleged statement was then read as follows: “When we went to the
golf course on the Monday, the day I have already told you about, I
mean when I was with Phyllis and when we, sat on the grass, she was
very quiet and I said 'What is the matter?'” “She said 'I am fed up
and I am going to do myself in.’” I said “How are you going to do
it?” and she said 'Strangle myself with a scarf, round my neck’”.
“She was wearing a green spotted scarf. After we got up and walked
across the golf links she was very quiet and kept on saying she was
fed up. I have not seen her since Monday, May 23rd. I might tell you
she was partly the cause of Rose Woodridge leaving me".
Inspector Parker said before Whiting made the last part of the
statement there was some delay, he was very quiet, and he appeared
to be thinking very deeply The hearing was then adjourned until
Tuesday.
When the hearing was continued on Tuesday morning, Mr. Waddy,
prosecuting, said one of the witnesses he had proposed to call that
day was in hospital dangerously ill. “We have an officer there
watching to see whether this witness recovers consciousness”, he
said. “I understand he is unconscious.If a message comes through
that the witness recovers consciousness it will be necessary to take
an examination at the hospital under the Criminal Law Amendment Act,
1867. It is important if a witness were likely to recover that that
should be done”.
The Chairman (Mr. R.G. Wood): The court would be adjourned during
that period.
Mr. Waddy: It would be adjourned to the hospital. I understand only
this morning this witness was admitted to the hospital unconscious.
Later it was stated by Mr. Waddv that he hoped the witness would
able to give evidence on the Friday (yesterday).
Chief Inspector Parker was cross-examined by Mr. Daniel, who asked
him how long the interview on June 1st lasted.
Inspector Parker: You mean prior to the statement?
Mr. Daniel: Yes.
Witness: About 15 minutes.
Mr. Daniel: Why did you read over the first statement? - There was
some discrepancy in the dates in the first place.
You went on far beyond any question of dates in the statement? -
Yes.
Why was that? - I was endeavouring to test the accuracy of his
statement.
Was he then with you for some time after the statement was given
that night? - No.
During the interview was it not you who first mentioned the word
suicide? - No.
Did Det. Sergeant Skardon? - No.
Det. Sergeant Skardon, New Scotland Yard, was the next witness. He
said on the afternoon of Friday, May 27th, he went with Chief
Inspector Parker to a coppice near Caesar’s Camp. It was raining
heavily at the time. He noticed a clearing to the west of the
barrier (produced) and there were signs on the ground that a heavy
object had been dragged towards the barrier from a spot about 10 to
15 feet away. He was present with Chief Inspector Parker on May 30th
when the prisoner made his statement. He (prisoner) was then wearing
a blue jacket which had a right angle tear. Witness said on June 4th
he posed whilst a photograph was taken and he also did so on June
8th. On the second occasion he went through the barrier backwards
dragging a tailor’s dummy. He was wearing a police serge tunic. As
he went through backwards he tore the tunic on the barbed wire of
the obstruction. Witness pointed out the barb on the exhibit in
court. The tear was on the left shoulder blade. He knew there was a
barb there and that there was a chance of tearing the tunic, but it
was quite accidental.
Mr. Daniel: You did mean to tear your coat, didn’t you?
Witness: No.
You knew the barb was standing up vertically? - Yes.
Mr. Daniel: The tears are of a different shape? - Yes, but the
materials are different.
The weave of the two coats runs in the same angle from the shoulder?
- I had not noticed that, but I am prepared to agree.
Mr. Daniel: When the second statement was given how long was the
prisoner with you?
Witness: Half an hour to three-quarters of an hour.
Mr. Daniel: Wasn’t it you or Inspector Parker who first used the
word “suicide”? - No.
Pte. Harold Wall, 1st Batt. Royal Berkshire Regiment, Shomcliffe,
recognised the dead woman in a photograph and said he knew her as
“Phyllis Butcher”. He first met her in March of this year. He became
friendly with her. They lived together from May 15th to 19th as man
and wife. He recognised the scarf Phyllis was wearing in a
photograph as his. The scarf was plain on two sides and on the other
two had a fringe. Witness had the fringe cut off and the end bound
over. He last saw Phyllis on May 19th. Witness went to Aldershot on
that day and left his scarf behind. He had never seen the green
scarf with white spots in Phyllis’s possession.
John Joseph Hurst, 100, Joyes Road, the manager of J. Hepworth and
Son’s shop, Sandgate Road, Folkestone, said he stocked a scarf
similar to the green one from October, 1936, to February, 1937, and
again from October, 1937 to February or March, 1938.
Mr. Daniel: It’s a very common type of scarf?
Witness: Yes.
Charles Joseph Kimber, 4, Shakespeare Road, Dover, a clerk at the
Folkestone Employment Exchange, Ingles Lane, Folkestone, said he
knew prisoner by sight and had interviewed him in connection with
his duties. He last sent him to a job on April 19th. He (prisoner)
was wearing a scarf or neckerchief of dark green with white spots.
The green scarf (produced) was very similar to the one Whiting was
wearing. The scarf was tied on the left hand side of the throat.
Witness thought the scarf was put round the throat twice and then
tied with a reef knot. He saw Whiting again on April 21st and he was
wearing the scarf then. He saw prisoner again between May 16th and
19th and to the best of his recollection Whiting was still wearing
the green scarf. He saw Whiting next on May 30th but he could not
see whether he was wearing a scarf then as he had on a coat.
P.C. Pearce, of the Dover Borough Police, said on April 9th prisoner
was in witness’s charge at Dover for about three-quarters of an
hour. He was wearing a bottle green scarf with dirty white spots.
The green scarf (produced) was very similar. The scarf Whiting was
wearing was wound round his neck twice and tied with a small knot on
the left hand side.
Cross-examined, witness said it was not in connection with any
criminal offence that Whiting was in his charge.
John McKinnan Taylor, 24. Walton Gardens, a clerk at the Folkestone
Employment Exchange, said he saw Whiting on Friday, May 20th. He
remembered that he was wearing a green scarf with white spots,
similar to the one produced. He usually had it tied with a double
knot on the left hand side. He had seen Whiting wearing the scarf on
several occasions. He saw Whiting on May 30th, after witness had
returned from leave, and he was not wearing any scarf then.
Mrs. Adelaide Maude Wright, 9, Garden Road, Folkestone, recognised
Mrs. Spiers from a photograph and said that she knew her as Phyllis
Minter. She came to witness on Saturday, May 21st and she let her a
room. She stayed in the house on the Saturday and Sunday nights. She
took her bread and butter and tea on the Monday morning. Witness
said she used Blue Label butter. Phyllis came out with witness on
the Monday morning. They did some shopping together and they left
each other at 10.25 a.m. She did not see her again. She had arranged
to meet Phyllis at 7.45 that evening outside the Lido. Witness kept
the appointment, but Phyllis did not come. She expected her to sleep
at the house that night, and she waited up for her. The comb
produced belonged to Phyllis. She had not seen her with the green
scarf (produced).
Hubert Pynaera, a waiter employed at the Royal Pavilion Hotel, said
he first saw Mrs. Spiers at the Royal Pavilion Hotel, where she was
working about a year ago. He saw her again this year, and from 10.40
a.m. to 12.30 p.m. on Monday. May 23rd, he was in her company. She
was wearing a dark scarf with lighter lines in it.
Charles Leonard Varner, 13, New Street, Folkestone, said he knew
deceased as the “Minter girl.” He last saw her on May 23rd at the
corner of New Street about 1.30 or 1.40 p.m. He saw Whiting come out
of a shop and go over to her. He saw them turn and go into Bradstone
Road.
Lillian Maude Varrier, the husband of the last witness, said she saw
Whiting in Philpott’s shop in New Street about 1.30 p.m. on May
23rd. He went to Bradstone Road where he met a girl.
Mrs. Norah Laws, 68, Foord Road, Folkestone, said she knew the
deceased as “Miss Butcher”. She came to the house of the witness on
a Thursday morning in the middle of May and she let her a room. She
stayed there two nights only and left without paying. Witness again
saw “Miss Butcher” on the following Monday at dinner time. She
“bumped into her” at the comer of Kent Road and Bradstone Avenue.
Previously a friend of hers came in and spoke to her and it was in
consequence of that that she went to the corner. She was with a man,
but witness did not look at the man enough to recognise him again.
Mrs. Spiers ran after her and spoke to her and then crossed over
Foord Road by the Baths with the man.
William. David Marsh, 18, Clarence Street, Folkestone, said he was a
pavior working for the Folkestone Corporation. On Monday, May 23rd,
he had some repairs to do in Radnor Park Avenue opposite the Peter
Pan Pool and he finished on the following Thursday. He knew the
prisoner and while he was working there he saw Whiting pass about
midday on Monday. He had a woman with him and was going towards the
golf links. Witness did not know the woman.
William J. Harbird, 23, Allendale Street, Folkestone, a gardener
employed at 7, Julian Road, Folkestone, said he knew the last
witness and Whiting. He saw Whiting in Radnor Park Avenue on either
May 23rd or 24th. Whiting had a woman with him and they were going
towards the golf links. The woman was not wearing a hat and had on a
navy blue coat. He recognised the young lady in the photograph as
the woman Whiting was with.
Harry James Santer, 5, Pavilion Road, Folkestone, a groundsman
employed by the Folkestone Golf Club, said on June 1st Det.
Constable Bates showed him the body of a young woman in the
mortuary. He had seen her on May 23rd about 1.20 p.m. on the beach
road of the Folkestone golf links. She was accompanied by Whiting.
He saw the girl sit down on a bank on the grass. Whiting was
standing about nine feet away. She was very red under the eyes and
it appeared as though she had been crying.
Florence Thompson, 19, Hamilton Road, Dover, said she knew the young
woman in a photograph as “Phyllis’’. She also knew Whiting: she had
seen him wearing a green scarf similar to the one produced. She saw
him wearing the scarf in Dover several times. She had seen Whiting
in the Guildhall public house, Folkestone, a day or two before May
30th. Later she went to the South Foreland public house. Witness
knew a girl named Rose. Whiting said he thought a lot of Rose and
did not know the reason why she left him. Witness happened to
mention to Whiting Phyllis’s name in another public house. She said
that it was a shame she was murdered because she was a decent girl.
Whiting then said “If you don’t keep your mouth shut about Phyllis I
will put you on the spot”. He then asked her how she would like a
scarf round her neck. He said “You could do a murder without finding
the print marks or footmarks”. She said “It would not pay you to”.
Robert William Weatherhead, 35, Darlington Street, Folkestone, said
he knew Whiting well. He remembered a “noisy evening” at the
Guildhall public house some little time ago. Whiting was there.
Witness said it was a Friday; he believed it was June 23rd or 24th.
He played darts with Whiting, who got very abusive with the
landlord. Witness tried to pacify Whiting. Whiting tucked up his
sleeves and rushed to the counter. Witness tried to pull him back
and Whiting said "You ----.I will serve you the same as I served the
blondie”.
Mr. Daniel: I think I shall have an objection to this evidence.
Mr. Waddy: How can there be an objection?
Witness said Whiting had had one or two drinks.
Mr. Daniel said he objected to the evidence on the grounds that
evidence of what prisoner said on other occasions was not admissible
unless it amounted to a confession or an admission of the facts
which tended to prove that he committed the crime. Taking it at its
worst, this statement amounted to nothing more than an admission of
a violent act against some unspecified person.
The Chairman said the Magistrates did not see why the evidence
should not go in.
William W. H. Hall, 16, Great Fenchurch Street. Folkestone, said he
had seen Whiting with Rose Milton (Mrs. Woodridge) on one occasion,
at the Institution at Etchinghill. Whiting stayed with witness in
March of this year for about two weeks. He said that he wished Rose
was back with him and that if she ever wanted to make a home he was
willing to start another one. Witness knew that they had been living
together. Whiting talked about Rose a lot. Whiting wore a green
scarf with white spots, exactly the same as the one produced. He
wore it twice round his neck and tucked inside his jersey.
Mrs. Daisy Emily Hall, the wife of the last witness, said Whiting
often spoke about Rose and blamed her (Rose’s) mother for her
leaving him. She remembered that Whiting had a green scarf with
white spots on it.
Cross-examined, witness said prisoner had only one pair of braces.
Elvey Flynn, 21, Great Fenchurch Street, Folkestone, said she knew
the deceased as Miss Phyllis Minter. She also knew Rose Milton,
Whiting and Mr. and Mrs. Hall. Whiting asked her if she had seen
Rose, and she said that she had not since the time that she had seen
her coming out of the pictures. He said: “Have you said anything to
her” and witness said “No”. He then asked if she knew anyone who
had; did she think that Phyllis had said anything; and said that if
he found out anyone who did tell her anything he would strangle
them. Whiting wore a green handkerchief with white spots on it round
his neck. She had seen him put it on. He twisted it round his neck,
knotted it in front, and put the comers of the scarf round his
braces.
Rose Cathleen Woodridge, Eight Bells Lodging House, King Street,
Canterbury, said she knew a man named Milton and for a time she
lived with him as his wife. While she was living with Milton she got
to know a girl named Phyllis Minter. She married a Mr. Woodridge on
September 4th, 1935, and she lived with him not quite a year. After
she separated from him she went to live with Whiting, whom she had
known just a year. They lived in Dover until a fortnight before last
Christmas when she went home. She knew the Alexandra public house,
Folkestone, and she had gone there with Phyllis. When she got home
she told Whiting that two fellows had asked her and Phyllis to go
away with them. Whiting started getting a bit rough over it, and
said that if she did not stop going about with Phyllis he would do
something wrong - he would try to strangle her (Phyllis). Witness
told him to be careful because walls might have ears. Later her
(witness’s) mother took her home. Whiting was upset. She had not
seen Whiting since she had left him. While Whiting was with her he
wore a green scarf with white spots round his neck. The scarf was
like the one produced. She had worn the scarf. Whiting said he had
got the scarf from “Hepburn’s, near the Savoy Picture House”. Mrs.
Woodridge was taken out of the court to see the shop and on her
return said it was Lewis and Hyland’s.
Cross-examined, witness said Whiting only had one pair of braces
when she was living with him.
Clifford James Moore, Ten Dials Street, Chiswick, said early this
year he was employed as a clerk in the Public Assistance Department
at Folkestone. He had seen Whiting on several occasions. On one
occasion, in the middle of March, he noticed that prisoner was
wearing a green scarf with white spots.
Mr. Waddy said but for the illness of the witness he had referred to
he could have completed his case. He said that the hospital
authorities expected to have Wanstall (the name of the witness) fit
to give evidence by Friday. It was just possible that in calling him
he might have to call one more witness.
The hearing was adjourned to yesterday.
(The witness referred, to was found early on Tuesday unconscious at
the side of a pond on the golf links. His clothing was wet. He was
taken to the Folkestone Hospital).
At yesterday’s hearing, when the case was continued, Whiting was
committed for trial at the Central Criminal Court in London next
September. The proceedings did not last more than 20 minutes.
Prisoner reserved his defence and stated that he would call
witnesses at his trial.
When the hearing was resumed Mr. Waddy first re-called Mr. Kimber,
who, he said, was not satisfied with one of the dates he gave in his
evidence. “I understand you are not satisfied with one of the dates
you gave”, he said. Witness replied that that was so and said that
he last sent Whiting to a job on March 19th and not April 19th.
The witness who was unable to appear on Tuesday was then called. He
was Frederick Wanstall, of 17, Invicta Road, Folkestone, a
groundsman employed by the Folkestone Golf Club.
Wanstall said he knew Whiting. At the beginning of June he was taken
to the mortuary and shown the dead body of a girl. He had seen the
girl on Monday, May 23rd, between 2 and 2.30 p.m. when he was
cutting the grass of the 16th tee on the golf course. The tee was
close to the road called “Cherry Garden Avenue” or the “New Road”.
She was accompanied by Whiting, and they passed four or five yards
from witness. They were going towards Caesar’s Camp. Witness went on
with his work and then when he looked up again he saw them going up
Waterworks Hill. He saw them up to the bend where they disappeared
from view. Some way beyond the bend was a sort of stile, and from
there there was a track going round the foot of Caesar’s Camp to
Sugar Loaf Hill and the New Road.
Mr. Waddy: That is the evidence for the prosecution and upon that
evidence I shall ask for prisoner to be committed for trial at the
Central Criminal Court. There are no Kent Assizes for many months,
but there will be a sessions of the Central Criminal Court in the
early part of September.
Whiting said he reserved his defence, adding “I will call witnesses
at my trial”.
The Chairman then announced that the Magistrates committed Whiting
for trial at the Central Criminal Court.
Mr. Bunce (defending) asked for a defence certificate to allow for a
solicitor and two counsel at the trial.
The application was granted.
|
Folkestone Express 30 July 1938.
Local News.
The evidence for the prosecution in the case known as the green
scarf murder case was completed at the Folkestone Police Court on
Friday, when William Whiting (38), a labourer, of Dover Street,
Folkestone, charged with the murder of Mrs. Phyllis May Spiers, who
was found strangled at the foot of Caesar’s Camp on May 26th, was
committed for trial at the Central Criminal Court.
The case would have been completed earlier in the week, but Mr. B H.
Waddy, for the prosecution, was unable to call Frederick Wanstall,
an important witness, who was stated to be unconscious in the Hoyal
Victoria Hospital.
First of all on Friday Mr. Waddy recalled Mr. J.C. Kember, a clerk
at the Folkestone Employment Exchange, who corrected a date he gave
in evidence at the previous hearing. He said he sent Whiting for a
job on March 19th, and not April 19th.
Frederick Wanstall, 17, Invicta Road, Folkestone, a groundsman
employed by the Folkestone Golf Club, said at the beginning of June
he was taken to the mortuary and shown the dead body of a girl. He
saw the girl on Monday, 23rd May, at about 2.30 p.m. Witness was
cutting the 16th tee on the golf course, which was close to the road
known as Cherry Garden Avenue or the New Road. The girl was
accompanied by Whiting, and they passed within four or five yards of
him going towards Caesar’s Camp. He went on with his work and saw
the couple going up Waterworks Hill. He saw them up to the bend,
when they disappeared from view.
Beyond the bend there was a stile, and by getting over it a person
could follow a cow track round the foot of Caesar’s Camp to Sugar
Loaf Hill and into the New Road again.
Mr. Waddy said that was the evidence he called for the prosecution,
and upon that evidence he would ask the magistrates to commit the
prisoner for trial at the next session at the Central Criminal
Court. There was no Kent Assizes for many months. There would he a
session of the Central Criminal Court in the early part of
September.
The prisoner reserved his defence, and said he would call witnesses
at his trial.
The Chairman (Councillor R. G. Wood) said Whiting would be committed
for trial at the Central Criminal Court.
|
Folkestone Express 6 August 1938.
Local News.
We understand that Mr. St. John Hutchinson, K.C., has been retained
as leading counsel to defend William Whiting, the Folkestone man
charged with the murder of Mrs. Phyllis May Spiers, on his trial at
the Central Criminal Court, in September.
|
Folkestone Express 10 September 1938.
Local News.
The Folkestone murder charge will open at the Old Bailey, London, on
Monday, that day having been fixed after the opening of the Sessions
on Tuesday. The case will, it is expected, last for at least two
days.
William Whiting, a Folkestone 38 year old widower, is charged with
the wilful murder of Mrs. Phyllis May Spiers, aged 22, who was found
dead at the foot of Caesar’s Camp with a green scarf round her neck.
It was stated at the Police Court proceedings in July that she had
been strangled.
Amongst the witnesses for the prosecution will be Sir Bernard
Spilsbury, Dr. Roche Lynch, Chief Inspector Parker and Det. Sergt.
Skardon, two officers sent down by Scotland Yard, to carry out the
investigations into the crime.
Mr. Roland Oliver, K.C., the Recorder of Folkestone, will appear for
the prosecution, and Mr. St. J. Hutchinson, K.C., will be the
leading counsel for the defence.
|
Folkestone Herald 10 September 1938.
Local News.
The trial of William Whiting, 38, a general labourer, of Folkestone,
who was committed for trial by the Folkestone Magistrates in July on
a charge of murdering Mrs. Phyllis May Spiers, a Folkestone woman,
will open at the Central Criminal Court next Monday.
The Folkestone Herald understands that the Recorder of Folkestone
(Mr. Roland Oliver, K.C.) will conduct the case for the Crown, and
Mr. St. John Hutchinson, K.C., will lead the defence.
A large number of witnesses from Folkestone will give evidence.
|
Folkestone Express 17 September 1938.
Local News.
The Folkestone murder trial at the Old Bailey has occupied three
days this week, and last (Thursday) evening, when the Court rose
shortly before six o’clock, all the evidence for the prosecution and
defence and the counsels’ closing speeches bad been heard. Mr.
Justice Wrottesley, before whom the case is being heard, will give
his summing up this (Friday) morning, and it is expected that the
jury, of whom three are women, will give their verdict today.
The large number of exhibits were displayed in the Court, and the
branches of a tree in a frame were placed in front of the dock. This
was closely inspected by the jury on Wednesday when the Court rose
for luncheon. It was alleged by the prosecution that the accused man
came through the branches backwards, dragging the body of the
murdered woman, and that a barb in a portion of the wire fence tore
his coat on the shoulder.
The case was fixed to start on Monday, but owing to another case,
which was not finished last week, occupying the greater portion of
the day, it was decided that a start should not be made until the
following day.
When Mrs. Rose Woodbridge was giving evidence on Wednesday the
accused man cried in the dock.
The trial opened on Tuesday, when William Whiting, aged 38, a
well-known Folkestone labourer, was placed in the dock on the charge
of the wilful murder of Mrs. Phyllis May Spiers, aged 22, of
Folkestone, on or about May 23rd, near Caesar’s Camp. She was found
lying dead, covered with a coat, having apparently been strangled,
on the evening of May 26th. When the charge was put to him Whiting
pleaded not guilty.
Mr. Roland Oliver, K.C., the Recorder of Folkestone, and Mr. B.H.
Waddy were for the prosecution, and Mr. St. J. Hutchinson, K.C., and
Mr. J. Stuart Daniel appeared on Whiting’s behalf.
Mr. Roland Oliver said the object of his opening speech was to try
to place the story before the jury so that they could have the
general case of the prosecution. The best way, he said, was to put
before the jury plans. At the top of one they would see marked three
hills, forming the prominent feature of the landscape. A dotted line
marked a line of thickets expanding the whole length of the foot of
the hills. In places the thicket was extremely thick. Continuing, he
said one way of getting to the thickets would be to go through
various streets of the town. When they arrived at the golf course
they walked to the left, which brought them into a road called
Cherry Garden Avenue. When they got to Cherry Garden Avenue they
turned to their right and went up towards Castle Hill. There was a
stile which they could get over, and in that way walk along the hill
side of the thicket. It was a very solitary place, and a very
secluded place. The body was found some three-quarters of a mile
round the thicket in the neighbourhood of Sugar Loaf Hill. She, and
presumably her murderer, must have walked along that track to the
secluded spot where she was murdered. It was a rough walk, and the
jury would probably come to the conclusion that a man and woman
would not go to such a place as that on a mere pleasure walk.
Several reasons might occur to them. From that point of view it was
right that they should know something about the woman. Mrs. Spiers
was 22, and was married before she was 17. She lived with her
husband for two years, until 1934, and then they parted, and her
husband had never seen her again. “I am afraid there is no doubt
that she was a young woman who was of an extremely immoral
character’,’ continued Mr. Oliver. “She had affairs with a great
many men, and was, therefore, a young woman who might have gone to
that place with almost any type of man, certainly a good many. The
prisoner knew her quite well”. Mrs. Spiers, he said, was practically
destitute. She made a practice of staying a night or two at
lodgings, without any luggage, and invariably disappeared without
paying. The manner of her murder, explained Mr. Oliver, was
apparently plainly written on the scene of the crime and on her
body. She had obviously been violently attacked, probably with
fists, and beaten into a state of unconsciousness before she was
actually murdered. After that she had been dragged further into the
thicket, because the place where she was first attacked could be
seen from part of one of the hills that overlooked the thicket. The
body was dragged by the murderer deeper into the thicket to a place
where it could not be seen unless somebody went right into the
thing. “Our case is that, the body lay there from May 23rd to the
26th”, he added. A blue coat was thrown over the body, and round the
neck, tied twice and tightly knotted, was a green scarf which was
one of the salient pieces of evidence in the case. Whether the scarf
was tied round after or before death did not matter. Whether the
scarf murdered her or bare hands, it did not matter. The murderer
had to drag the body, and he, presumably, walked backwards, dragging
the body by the feet. He had to go past a piece of barbed wire in an
obstruction, and the jury would see that someone walking backwards
dragging a body must run a considerable chance of damaging his
clothing in the spikes of barbed wire. It was clear that the woman’s
body had been dragged. The whole of her clothing had been torn up
and filled with twigs and brambles. Her hair was pulled right out
behind her head as it had been dragged along the ground. Round the
woman’s neck was tied the scarf, and the members of the jury would
be asked by the prosecution to say whether or not they were
satisfied that the green scarf belonged to the man who murdered her.
They had a quantity of evidence that she never had such a scarf
herself. She was, by a curious coincidence, snap-shotted on that
very day of her death, walking with another man in Folkestone, and
the scarf that the photograph depicted her wearing was quite
obviously nothing like the green scarf. In her handbag, when the
body was discovered, was found a piece of the scarf she was wearing.
Most of it had disappeared, but a little piece had been pushed in
her handbag. There was conclusive evidence that she was wearing that
scarf on that day, and that the green scarf was not hers, but the
murderer’s. The prosecution said the murder took place on May 23rd
sometime after 2.30 p.m. He was aware that there were witnesses who
were coming to say that she was alive after May 23rd. The jury would
have to consider very carefully their evidence when they came. They
would be glad to hear that those witnesses were found by the police.
So far as they could tell, he went on, the people who knew her best,
people who were habitually seeing her, said that was the last day
they ever saw her. They had been unable to find any place where she
stopped after May 23rd. They would have in evidence that when the
body was discovered there was a smell of decomposition. If she had
died on May 25th or 26th that would be very unlikely. The last known
meal the woman had was breakfast consisting of bread find butter on
Monday, May 23rd at about nine o’clock. On the Sunday morning she
bad deposited her luggage at the offices of the East Kent Road Car
Company in Sandgate Road. If May 23rd was accepted as the day on
which the young woman was murdered the last person she was seen
alive with was the prisoner, walking in the direction of the stile
that led to the scene of the crime. Mr. Oliver said Whiting had
associated with a woman named Rose Woodbridge, a married woman, who
left her husband in September, 1936, and went to live with the
prisoner at Dover. She lived with him until somewhere about November
last. Phyllis Spiers was a very close friend of Rose Woodbridge, and
saw a lot of her and the prisoner at the time. Whiting did not
approve of Phyllis' association with Rose. One evening Rose came
home and told him she had been out with Phyllis and had met a couple
of men who had asked the two of them to go and live with them.
Whiting told Rose that if she did not stop sroing about with Phyllis
he would do something wrong. Then he threatened he would strangle
Phyllis. "Beware of Rose Woodbridge. You may not think her a very
reliable sort of witness, but that does not mean she cannot tell the
truth. It is for you to determine the value of these things”, added
Mr. Oliver. “It was quite clear the prisoner was very fond of her.
Whiting and Mrs. Woodbridge separated - her mother, I think, took
her away - and this made him very jealous. He was anxious to find
out who had brought about the separation. He was desperately in love
with her. In a statement to the police he said he worshipped her,
and in his mind Phyllis was the person really responsible for coming
between them”. Concerning the green scarf, Mr. Oliver said it was
probably the most reliable piece of evidence in that case Whiting
had denied not only that it was not his scarf, but that he had never
had a scarf like it. He has asserted that he was not wearing a scarf
on the day of the murder. The prosecution had evidence that right up
to the day of the murder he was wearing a similar green scarf, but
that on the day of the murder he was not. Another piece of evidence,
found on a post in the thicket, was a hair similar to Whiting's. On
July 1st Whiting made a long statement to the police in which he
said that he and Phyllis walked to the golf course and sat on the
grass. Phyllis was very quiet. “I said, ‘What is the matter?' the
statement proceeded She said 'I am fed up, and am going to do myself
in.’ I said 'How are you going to do it?’ and she said,
'Strangle
myself with a scarf round my neck.’ She was wearing a green spotted
scarf.” He contended that Mrs. Spiers could not have strangled
herself.
Kenneth George Andrews (16), of 23, Ethelbert Road, Folkestone, a
grocer’s roundsman, said on Thursday, 26th May, fee went to a
coppice at the foot of Caesar’s Camp bird-nesting. At about 6 p.m.
he saw what appeared to be a bundle, but, looking closer, he saw it
was a body of a woman covered with a coat. He shouted, and touched
the head with & stick. He realised the woman was not sleeping, and
later spoke to a police officer. He saw the body again, and it had
not been interfered with.
Mr. Geoffrey Poole, an assistant in the Borough Surveyor’s office,
produced a street plan of Folkestone. He said he went to the scene
and took measurements of the gap and checked the position of the gap
after it was framed. It was the same as it was when growing.
Cross-examined, witness said standing on the sixteenth tee of the
golf course it was possible to see up Castle Hill. There was a hut
connected with the Kent Agricultural Show and some trees on the
corner, but it was possible to see past them.
Dr. William Claude Percy Barrett, said Stanley Seymour Harrison, a
photographer, was a patient of his, and was so ill as not to be able
to travel.
Mr. Roland Oliver read the deposition of Mr. Harrison’s evidence
given at the Police Court proceedings.
Mr. Arthur Charles Spiers, 29, Sidney Street, Bexhill-on-Sea, a milk
roundsman, said on May 27th he identified the body Of his wife, aged
22 years. In the photographs produced he recognised his wife as the
young woman wearing a dark coat. They were married on April 11th,
1932, ad parted on April 13th, 1934. He last saw his wife alive in
August, 1934, at Hastings. Before her death he had commenced divorce
proceedings against her.
Chief Inspector Hollands said he went with the witness Andrews and
the Coroner’s Officer to the coppice, where the body was found, and
caused the book of photographs to be taken. The body had apparently
been dragged to the place through the gap framed in Court. When he
raised the coat from the body he noticed a strong smell of
putrefaction. On Monday, 23rrd, it was a fine day, but on Tuesday it
rained from 1.30 to 2.30 p.m. On Wednesday it rained all the
afternoon. On the day when the body was found it was fine. The coat
over the body was damp, and there were rain marks on the handbag.
There were little pitmarks on the ground, and there were dirt marks
on the woman’s hand and arms where the rain had splashed up. The
ground under the body was dry. In the place where he found the body
there was no sign of a struggle. Round the woman’s neck was tied the
green-spotted scarf. It was twisted round twice very tightly, and
knotted.
Mr. Hutchinson: Whoever it was who pulled this body through all
these brambles, you would expect their coat to be very much
scratched with brambles?
Witness: No.
How can you push through these sort of brambles without any mark,
tear, scratch, or any result on your coat? - I went through them,
and my coat did not get scratched with brambles.
Dealing with the question of the tear In the prisoner’s coat, Mr.
Hutchinson asked: When the man made the experiment he knew there was
a tear in the left-hand shoulder of the defendant’s coat?
Chief Inspector Hollands: Yes.
Did you think that was very much use as an experiment? When you went
through you did not tear yours? - When I felt it tearing I went down
and wriggled through.
Did you smell putrefaction? - Yes.
Did you see any signs of putrefaction? - No.
One man confessed he had done the murder? - Not to me.
He confessed, and police enquired into it, but took no further
steps? - I do not know.
Det. Sergt. Johnson said on the evening of May 26th he saw the body
at the coppice. He took possession of the handbag produced and
examined its contents. He found the piece of material (produced) in
the handbag. If it had been torn from a large piece he could find no
trace of the larger piece. The following day he made a search of the
place and found a broken comb. He examined the ground from the spot
where he found the comb to the barrier, and it had the appearance of
having had a heavy object dragged over it. He also found a long
hair.
Mr. Roland Oliver said they had eliminated a great deal of evidence
about the hairs, and they were dealing with only one or two.
Continuing, witness said he found another hair on the back of the
post which formed part of the barrier. He also took three hairs from
a hat, and other hairs from the head of the dead woman. On July 11th
he obtained four hairs from the head of the prisoner. He handed the
hairs to Chief Inspector Parker. Continuing, Det. Sergt. Johnson
said he went to a common lodging-house in Dover Street on May 31st
and obtained a suitcase of property from the man in charge. He found
the pair of braces (produced) in the suitcase. On July 7th he
purchased half a pound of butter.
Mr. Hutchinson: After you get through the gap, how far was it, to
the other gap where the body was found?
Det. Sergt. Johnson: Ten or eleven yards.
It is a very low tunnel? - Not when you get through the tunnel.
Bits would catch your coat? - Possibly.
Mr. Hutchinson suggested it was impossible that the hair found on
the post of the barrier had anything to do with the murder. He
submitted it was a wild deduction, because anyone going through the
barrier backwards could not have got into such a position to leave a
hair in that spot.
Mr. Roland Oliver; It has been suggested that his head could not
have touched that post. Do you agree that it could or could not have
touched it?
Witness: I say it could have touched it.
Mr. Roland Oliver said he had had an opportunity of getting
information from Sir Bernard Spilsbury and there was no point in the
fly eggs at all and he was not calling any evidence about it.
The Coroner’s Officer, Det. Con. Bates, said at 6.30 p.m. on May
26th he went to the coppice and saw the body. There was a smell of
putrefaction. He later showed the body to a Mr. Spiers, Mr. Santer
and Mr. Wanstall. On May 31st he purchased a complete change of
clothing for the prisoner and took possession of all the clothing
Whiting was wearing. The hat, trousers, braces and jacket with the
tear produced all belonged to the prisoner. A small green zip
fastener purse was found in the left hand pocket of the jacket.
Mr. Hutchinson: Did you notice any signs of putrefaction?
Witness: No, but the smell was very strong.
He was not arrested until June 25th? - I think that was the date.
You will agree that the tear you have pointed out might have been
caused by anything? - The tear was on the jacket when I took it from
the prisoner.
You do not suggest it could only be done by barbed wire? - No.
Mr. Douglas Scott Moncrieff, in charge of the Meteorological
Department at Folkestone, said on May 23rd the maximum temperature
was 60 deg. F. and the minimum 42 deg. F. The minimum grass
temperature was 36 deg. There was no rainfall. On the Tuesday the
maximum temperature was 63 deg. F. and the minimum grass temperature
was 38. There was no rainfall at 10 a.m., but at 6 p.m. there was
.01 inch recorded. On the Wednesday the maximum temperature was 59
deg. and the minimum 48. There was a fair amount of rain, less than
.005 inches at 10 a.m., and at 6 p.rn, .3 inch. On the Thursday the
rainfall at 10 a.m. was .02 inches, and at 6 p.m. nil.
Robert John Reid, the deputy of a lodging house in Dover Street,
Folkestone, said he had known the prisoner for about 19 to 20 years.
He had stayed at his house for about three months. On May 23rd the
prisoner spent the night at the lodging-house. He remained there
until May 26th. He handed the prisoner’s suitcase to a police
officer.
Mr. Hutchinson: How many men are there in the same room?
Witness: Five.
It would be quite fair to say that people’s properly gets mixed up
sometimes? - Yes.
Dr. William Claude Percy Barrett said on May 26th at 7.30 p.m. he
went to the coppice and saw the body. The position was consistent
with the body having been dragged on its back. He did not notice any
smell from the body, which was covered. At 9.10 p.m. the same night
he saw the body in the mortuary, and there was a definite smell of
putrefaction. He would not expect any smell from a body under the
conditions present for at least three days. He would expect rigor
mortis to set in after 12 to 18 hours and last from 48 to 72 hours.
Of that body in those circumstances it would be 72 hours. When he
saw the body in the thicket there was rigor mortis. At 8.30 p.m. on
Friday, May 27th, the rigor mortis had completely gone. There were
several bruises on the face and front of the body. The nose had been
flattened by a violent blow. He was present when Sir Bernard
Spilsbury made his examination, which revealed bruises in the neck.
Dr. Barrett said he considered that the bruises were due to the
ligature and death, in his view, was by garrotting with the scarf.
Mr. Oliver: How long before you saw the body do you think it likely
that the woman met her death?
Witness: Forty-eight to seventy-two hours.
Mr. Hutchinson questioned witness about his report of the
post-mortem examination to the Coroner.
Did you say the stomach contained ten lumps of potatoes?
Dr. Barrett: I did.
Is that correct? - Apparently no, when the lumps were put under the
microscope.
And the brownish fluid? - There was a brownish fund in the stomach.
At the inquest, when you were on oath, you said “The deceased, in my
opinion, had been dead not longer than two days”; what did you mean
by that?
Witness: I rather expected the Coroner to take the question further,
to tell you the truth.
Why did you tell him that; it must have been what you thought? –
Why? Because I had heard rumours that she had been seen shopping. It
seemed rattier absurd to certify somebody dead if she had been seen
shopping.
Because of the chit-chat you heard you altered your opinion? - Put
it that way if you like.
Are you changing your opinion because Sir Bernard Spilsbury has said
anything different? - No.
You were the only one who gave evidence about this matter to the
Coroner, and you said “The deceased, in my opinion, had been dead
not longer than two days”, and you now tell us you did not honestly
say that. Do you deny saying that? - No, I do not. I cannot swear to
saying that.
Did you tell the Coroner something that is not your honest opinion
on the chance of the Coroner asking you something more? - No.
Do you think that the woman was more likely to have been killed on
the 24th than the 23rd? - I still think it was 23rd.
You agree that it is a matter of opinion? - Absolutely a matter of
opinion.
She certainly may have been living on the 24th? - It is possible,
but I do not think it is at all likely.
Supposing twelve witnesses come here and say so, would that make you
think she was probably alive on the 24th? - No.
You say she died from garrotting? - I consider it so.
You know Sir Bernard Spilsbury does not agree? - I know.
You thought the scratches were caused before death, and Sir Bernard
after death? - The scratches on the legs.
You agree that all these questions are matters of grave difficulty
where people may honestly make a mistake? - Yes. I agree that Sir
Bernard Spilsbury’s experience must be greater than mine. I have
only had two cases of murder.
Sir Bernard Spilbury said he made a post-mortem examination with Dr.
Barrett. He found the body was that of a well-nourished young woman.
He saw the mark of the ligature round the neck and a number of
external injuries on the face and body. He examined the tissues of
the neck and found bruising, just such as would be caused by the
grip of the hand in manual strangulation. Strangulation in some form
caused her death, and in his view it was manual strangulation. He
would not have expected her to have been dead for three days, but he
could not say definitely within 24 hours.
Mr. Roland Oliver: Is it, in your opinion, possible that this young
woman, in the circumstances in which you saw her, had committed
suicide by strangling herself with the scarf?
Witness: Quite out of the question.
Mr. Hutchinson: Supposing she had had a long walk, little food, and
a terrible struggle, would that bring on rigor mortis very quickly?
Sir Bernard Spilsbury: Much more quickly.
Is not putrefaction caused or stimulated by the passing of rigor
mortis? - It happens to be coincidal.
Supposing rigor mortis was accelerated, would that accelerate
putrefaction? - Not necessarily.
Would you go as far as to say it was impossible for her to be alive
on the 24th? - I hardly think it is possible.
Dr. Roche Lynch, Senior Official Analyst to the Home Office,
described the tear on the prisoner’s coat. At the apex of the tear,
he said, there was a tiny round hole as though a round sharp pointed
object had gone through the fabric before it had been torn. The tear
must have been downwards and to the right. When the tear was made
the coat would be on a man who was going backwards. Witness said he
had looked at the barrier (produced), and part of the barbed wire
could have made a similar tear as the one in the coat. Continuing,
he said the woman’s stomach contained butter fat. The last meal was
taken at least three hours before death. He was shown the green
scarf. The ends of it showed signs of wear, and there were marks
which could have been accounted for by the ends of the scarf being
made fast in the braces produced. He compared the hairs from the
girl’s head with the hair found near the comb, and they closely
resembled each other. Both were bleached. The accused’s hair and the
hair from the post on the barrier closely resembled each other. The
hair on the post could have come from anybody who had similar hair.
Mr. Hutchinson: Did you examine the coat by any chance to see if
there were any scratches? - The tear was the only item of note.
Dealing with the braces Mr. Hutchinson said the braces which could
have made the marks on the scarf might have been a new pair. There
were no signs of them being used.
Dr. Roche Lynch said there were signs that they had been used.
Mr. Hutchinson: I am suggesting that they might be a new pair, and
in any case have hardly been used at all?
Witness: They have had some wear.
People who go to common lodging-houses do not have a couple of pairs
of braces? - I bow to your superior knowledge.
To leave the marks that you found, or some of the marks, it must
have been worn very often in that way? - If holes had been produced
in the way I mentioned they must have been worn several times, but
the linear marks could be produced in twenty minutes.
Robert Henry Rird, of Margate, and Alfred James Carter, of Ramsgate,
employed by a firm of holiday snaps, gave evidence of taking
photographs of the murdered woman.
Bernice C. Hegarty, of Mead Road, Folkestone, said she recognised
one of the women in the holiday snaps (produced) as Phyllis Minter,
whom she had known for 3½ years. She spoke to Phyllis at 9.45 a.m.
on Monday, and recognised the handbag (produced) as her’s. The green
zip fastener purse (produced) was very like the dead woman’s purse.
Continuing she said the deceased had a dark check scarf similar to
the piece of material (produced), but she had never seen her wearing
a green spotted scarf.
Cross-examined, witness said the purse was something like the one
Phyllis had.
Mr. Hutchinson: About the scarf, you say there was a fringe on it? -
There was.
When was it you last saw Phyllis? - Monday morning at about a
quarter to ten.
Mr. Hutchinson pointed out that the witness said she had last seen
the murdered woman on Saturday morning.
The witness then explained that she had seen her on both days.
Pte. Harold Wall, of the Royal Berkshire Regiment, stationed at
Shomcliffe, said he lived with the murdered woman from May 15th to
the 19th, at Sandgate. He first saw her in February or the beginning
of March, and gave her the scarf somewhere about April. Originally,
it had a fringe on it, hut he cut it off before he gave it to her.
The piece of material produced was part of the scarf he gave to
Phyllis. He had never seen her wearing the green spotted scarf.
Continuing, witness said some of the letters in the suitcase
(produced) were written by him to the murdered woman.
Mr. Hutchinson: What sort of place did you stay with her at?
Pte. Wall: It was a one room affair.
id either of you have any luggage? - I was living at the camp. She
had no luggage.
How many days were you there? - Four days.
Mr. Hutchinson went on to question the witness about statements that
were taken from him.
Was it found that you had scratches? - One on the arm.
Did not the police discover that a car had been taken from Aldershot
and taken back that night, the 23rd or 24th? - I heard something
about it.
You do not know the distance shown on that car was exactly the
distance from Aldershot to Folkestone? - No.
Mr. Hutchinson said he was not suggesting the witness committed the
murder, but he did suggest that there was just as much evidence in
some ways against others as against the prisoner.
The witness said he had nothing to do with taking the car from
Aldershot, and the scratches on his arm happened while he was
carrying meat.
Mr. Roland Oliver: Did you leave Aldershot at all between May 19th
and the date of the discovery of the body?
Pte. Wall: No.
At this stage the Court rose until the following day.
The case was resumed at 10.30 a.m. on Wednesday.
Mr. Harold Henry Parker, 73, Dover Rood, Folkestone, a Press
photographer, said the previous day he took a photograph from the
sixteenth tee on Folkestone golf course. It was possible to see the
junction of Cherry Garden Avenue and Cherry Garden Lane and to see
people going towards Caesar’s Camp over the hedge. After a fleeting
glance of people walking along Cherry Garden Avenue, a person on the
sixteenth tee would see them when they reached the junction of the
two roads.
It was decided by both defence and prosecution to have witnesses
make observations from the sixteenth tee.
Chief Inspector Hollands, re-called, said the suitcase produced he
got from the East Kent Road Car Company’s office at Folkestone on
June 1st. He made a list of the contents, which included a packet of
letters, all addressed to Miss P. Butcher.
Mr. Ernest Edward Curtis an Inspector employed by the East Kent Road
Car Company, said the blue case produced was like a case he saw on
May 22nd or 23rd. On that occasion a young lady asked the next
through bus to Margate and then left the office. After she had gone
he noticed a dark bag there.
Pte. Harold Wall, re-called, said three of the letters produced were
written by him to the murdered woman. They were addressed to Miss
Phyllis Butcher, the name he knew her by.
Cross-examined, witness said he wrote the letters before May 19th,
when she was in hospital. After he left her in May she gave him
“G.P.O., Folkestone”, as her address.
Chief Inspector W. Parker, New Scotland Yard, said on the afternoon
of May 27th, he went to the coppice near Caesar’s Camp. He
supervised the framing of the barrier produced in the Court. On the
side of the coppice nearer Folkestone there was an agricultural
field. On May 30th, with Det. Sgt. Skardon, he interviewed the
prisoner at Folkestone Police Station. He admitted that he knew the
murdered woman. He said he would tell them what he knew and he made
a long statement, which he made willingly. Witness said he was
endeavouring to find out the prisoner’s movements for several days.
The statement was read and during the course of it Whiting stated:
“I am a widower, my wife died on 3rd May, 1936. She was strangled by
George Arthur Bryant, who was afterwards executed at Wandsworth. I
was at the time of her death living apart from my wife. I had three
children by her. . . My wife left me in 1935”. Later, went on the
statement, he lived in Dover with a Mrs. Woodbridge. She left him in
November, 1937, after her mother received a letter from a landlord
in Folkestone saying that her daughter was drinking in public
houses. While he was living with Mrs. Woodbridge a young girl, who
Mrs. Woodbridge said was named Phyllis Minter, came to see her. In
his statement Whiting said he met the murdered woman on Monday, May
23rd, at about 12.30 p.m., and they went to the Globe public house
on The Bayle. They stayed for about ten minutes. While they were
there she said she could get married again. "I said ‘Can you?’”,
continued Whiting’s statement, “and read the divorce papers. She
said ‘Why don’t you marry me and let’s go back to Dover?' ” The
statement then went on to describe how Whiting and the girl went to
the golf links. “We sat down on the grass”, it continued, when she
pulled out something wrapped in brown paper Some stitches and a
ring, a little bone ring She said they were stitches which had been
taken out of her operation. We were both thinking. I don’t know what
was the matter with her that day. She was not cheerful. She did not
speak much. I believe there was something worrying her. I have seen
her like it at Dover when she came in staring at me. I cannot say
what was on her mind. Perhaps it was because she was down and out. I
said nothing to upset her”. Continuing, the statement described how
they made their way to Cherry Garden Lane and into Cheriton Road,
after crossing the golf links. "I told her that I worshipped Rose”,
it continued, “I said ‘If Rose does not come back I shall never
settle down again’. ... I did not see Phyllis at all on Tuesday. . .
Phyllis and I did not discuss living together before last Monday”.
Continuing, witness said after the statement had been taken the
matter of the jacket was mentioned. He noticed there was a tear in
the prisoner’s jacket on the left shoulder. He said “I don’t know
where or when I did it." He was asked about the green spotted scarf,
and be said “I have never seen it before. I have not worn a scarf
myself for a long while, and I have never had one like that.”
Whiting made another statement on June 1st, in which he said: “When
we went on to the golf course on the Monday, thee day I have already
told you about, I mean when I was with Phyllis and when we were
sitting on ihe grass, she was very quiet, and I said ‘What is the
matter?’ She said 'I am fed up and I am going to do myself in’. I
said 'How are you going to do it?’ and she said ‘Strangle myself
with a scarf round my neck’. She was wearing a green spotted scarf.
After we got up and walked across the golf links. She was very
quiet, and kept saying she was fed up. I have not seen her since
that Monday, 23rd May, 1938. . . . I might tell you that she was
partly the cause of Rose Woodbridge leaving me.” Continuing, witness
said he showed the contents of the suit-case to the prisoner. The
suitcase was taken from the lodging-house in Dover Street, and
Whiting said the articles in the case belonged to him.
Mr. Oliver: Did you endeavour to find out in Folkestone any house at
which Phyllis had slept after May 23rrd?
Witness: Yes.
Were you unsuccessful? - Yes.
Mr. Hutchinson: This man is a very uneducated man?
Witness Yes.
Why was it necessary to take a statement from him, you a trained
police officer, from ten o’clock at night as you say, and I say
later, until 2 in the morning? - I wanted to get as much detail on
this man as possible.
Do you think that it is a usual time to take a statement fairly? -
It was the most convenient time at that stage of the enquiry.
He was arrested on June 25th? - Yes.
Do you mean to say that you were in such a hurry that it had to be
taken from 10 p.m. to 2 a.m.? - Yes.
"Why? - There were quite a number of people waiting at the Police
Station to be seen on that particular evening.
Do you think it fair? Have you not heard of it being done in third
degree in other countries? - I was endeavouring to discover who
perpetrated this crime.
Surely it was not necessary to take a man at 10 at night and
cross-examine him till 2 a.m. Did he get into a muddle? - No.
Did not he get ready to agree to any thing you put to him? - No.
Did you ask whether he had had any food? - Yes.
Had he? - I was told he had been given refreshment.
You examined him very severely? - Yes. I asked him numerous
questions.
Is not that third degree?
Judge Wrottesley: I do not know strictly what third degree means.
Mr. Hutchinson (to Chief Inspector Parker): Do you know what it
means when people say third degree?
Witness: I have heard of the term, but I do not know what it means.
Chief Inspector Parker said neither he nor Det. Sergt. Skardon
suggested it was a case of suicide and that if it was it would let
the prisoner out.
Mr. Hutchinson: What happened was on 27th or 28th he had an
interview with the Chief Constable? - Yes.
Then he had this long sojourn at the Police Station on the 30th,
leaving round about three, I am suggesting, in the morning, and the
next day he was taken again and his clothes were taken away from
him, and the next day he was sent for again? - Yes.
Witness said there were no scratches on the prisoner’s body, and
none, beyond the tear, on his coat. Continuing, witness said there
were a whole lot of brambles around the branches produced.
The two nights preceding the murder she was with Mrs. Wright?
Witness: Yes.
Had you in your possession on May 30th anything like the whole of
the evidence that has been called in this case? - No.
Det. Sergt. Skardon said he was present when the two statements wore
taken from prisoner, and actually wrote them down. The suggestion of
suicide came from the prisoner.
Mr. Oliver: Did you or Chief Inspector Parker ever put the
suggestion into the prisoner’s mind about suicide?
Witness: No.
Continuing, witness said he went through the gap backwards and tore
his jacket. He knew the barb of wire was there. Apart from the tear
in his jacket he did not tear his clothes with the brambles as he
walked about.
Cross-examined, witness said the brambles pulled at the fabric of
his clothes. The tear in his coat was not very like the tear in the
other coat.
Mr. Hutchinson: There were, of course a good many brambles about?
Witness: Yes.
Anyone going where you did would get their clothes, not torn, but
scratched? - Possibly, it would depend on the material.
Witness said when he went through the barrier he knew the barb was
there, and that the prisoner was supposed to have torn his coat. He
(witness) could not have gone through the barrier, pulling the
dummy, without tearing his coat.
Mr. Hutchinson: I am suggesting that the suggestion was made to him
that this might have been suicide, and that would clear him?
Witness: It was not made.
You are sure? -Quite positive.
Neither directly nor indirectly? - Neither.
Neither by hint nor suggestion? - No.
Are you quite certain of that? - Quite certain.
John Joseph Hurst, of Joyes Road, Folkestone, manager of Messrs.
Hepworth. Ltd., of Folkestone, said he stocked scarves similar to
the one produced from October, 1936, to February, 1937, and again
from October, 1937, to February or March, 1938.
Cross-examined, witness admitted it was quite a popular scarf.
In reply to Mr. Oliver, witness said all the scarves were not green.
They were in four different shades.
Mr. Joseph Charles Kember, an employment clerk at the Folkestone
Employment Exchange, said he had interviewed the prisoner in
connection with his duty. He last sent the prisoner on a job of work
on March 19th. At the time he was wearing a green scarf with white
spots. The scarf produced was similar to the scarf the prisoner was
wearing. Witness said he saw the prisoner again March 21st and
between the 16th and 19th May. He wore the scarf knotted on the
left-hand side of the neck, and it appeared to be wound twice round
his neck.
Cross-examined, witness said he could see the ends of the scarf.
P.C. Pearce, Dover Borough Police said on April 9th the accused was
in his charge at Dover for something like three-quarters of an hour.
He was wearing a green scarf with dirty white spots. It was wound
twice round the neck and knotted on the left-hand side.
Mr. John McKinnon Taylor, 24, Walton Gardens, a clerk at the
Folkestone Employment Exchange, said he went on leave on May 23rd to
the following Saturday. Before he went on leave he saw the prisoner
on May 20th, and he was wearing a green scarf tied with a double
knot on one side. After returning from his leave he saw the prisoner
on May 30th, and he was not wearing the scarf. He had not seen him
wearing the scarf since. The one produced was similar to the scarf
the prisoner was wearing on May 20th.
Det. Sergt. Johnson, re-called, said lie made a list of the contents
of the handbag found beside the body Among the articles in the bag
was a piece of a cigarette packet with the name “H. Pyneart,”
printed on it in pencil.
Cross-examined, witness said there were a great many statements
taken before 30th May.
Mrs. Adelaide Maude Wright, a widow, of 9, Garden Road, Folkestone,
said she knew the murdered woman as Phyllis Minter. She let her a
room on May 21st. On Monday, the 23rd, the woman had bread and
butter and a cup of tea for breakfast. The woman had nothing more
than what she stood up in. On May 23rd she went into the town with
Phyllis. They went into Woolworth’s at about 10 a.m., and witness
bought a roll of white paper. Phyllis was wearing a blue coat and a
grey coloured scarf. She had never seen her wearing a green scarf.
Phyllis had a brown comb with a piece broken off the end. She was
able to pick out the girl who served in Woolworth’s.
Cross-examined, witness said Phyllis told her that she came from
Tooting, and that she had a job at The Lido. She said she had left
her luggage with friends, and witness was surprised when she did not
return on the Monday. When witness arrived home on Monday night she
saw a man without a hat and wearing a mackintosh waiting outside her
house.
When the proceedings were continued in the afternoon the jury wished
to know whether the barbed wire on the barrier was the same height
from the ground as it was from the floor of the Court. The jury had
examined the barrier during the luncheon adjournment.
Det. Sergt. Skardon said the heights were the same. According to the
theory of the prosecution the murderer dragged the body downhill
through the gap. The gradient was one in four.
Mr. Hubert Pyneart, a waiter employed at the Royal Pavilion Hotel,
Folkestone, said he knew Mrs. Spiers by sight. A year ago she worked
at the hotel. He met her on the morning of May 23rd at about 10.40
and walked with her round Folkestone. He was with her until 12.30
p.m., and during the morning walked with her in Sandgate Road. He
had never walked with her before in the morning. While he was with
her he wrote his name on a piece of card and gave it. to the
murdered woman. Witness said the scarf Mrs. Spiers was wearing was
of a dark colour, very similar to the piece of material produced.
Mr. Charles Leonard Varner, of 13, New Street, Folkestone, said he
knew the accused and also the murdered woman. He knew her as Minter,
and he last saw her on the Monday before her body was found. She was
at the corner of New Street. He saw prisoner enter Philpott’s shop
and then go over to the girl and give her a cigarette. They both
went up Bradstone Road.
Cross-examined, witness said Weatherhead had not asked him to say
anything about Longley.
Mrs. Lilian Maude Varrier the wife of the last witness, said on
Monday, May 23rd, she saw the prisoner in Philpott’s shop at about
1.20 p.m. She saw him leave the shop and meet the murdered woman.
They went together towards Bradstone Road.
Mrs. Laura Laws, of 68, Foord Road Folkestone, said she knew the
murdered woman as Phyllis Butcher. She let her a room on May 18th.
She stayed there on Thursday and Friday, and left without paying.
Witness saw the deceased on the following Monday in Bradstone
Avenue. There was a man with her, but she ran after and spoke to
witness. Afterwards the deceased went back to the man, and they
walked towards the Public Baths.
Cross-examined, witness said the deceased told her that she was a
maid at the Longford Hotel. She had no luggage, but she said she
came from London.
Mr. William David Marsh, of Clarence Road, Folkestone, a pavior
employed by the Folkestone Corporation, said on Monday, May 23rd, he
was working in Radnor Park Avenue, and saw the prisoner pass with a
young woman. They were walking in the direction of the golf course.
Mr. William John Harbird said he saw the prisoner with a young woman
by the Peter Pan’s Pool on May 23rd.
Mr. Hutchinson: At the Police Court you said it was the 23rd or
24th.
Witness: I was wrong on the dates.
Are you still certain it was not the 24th? - Yes, now.
Mr. Harry James Santer, of 5, Pavilion Road, a groundsman employed
at the
Folkestone golf course, said on Monday, May 23rd, at 1.35 p.m., he
saw the murdered woman with the prisoner walking along the road
across the golf course. The woman looked as though she had been
crying.
Frederick Wanstall, of Invicta Road, Folkestone, a gardener at the
Folkestone golf course, said he saw the body of a girl at the
mortuary. He saw her on Monday, May 23rd, with the prisoner. When he
saw them, he was cutting the 16th tee near Cherry Garden Avenue. The
prisoner and the girl were walking towards Caesar’s Camp. He saw
them as far as the point where the road they were walking on joined
Cherry Garden Lane. The time was somewhere about two, or just after.
Mr. Hutchinson: You were not certain about the date?
Witness: Yes.
Mr. Hutchinson: What you mean is that you saw this man with some
girl. You saw him walking along this lane on some day that you are
not really certain. Is that what it comes to? Has it weighed on your
mind very much, this case? - It has.
You did try to kill yourself because of it? - No. I do not think it
was because of that. It was because I had left my wife because she
had treated me unfairly.
Mr. A.S. Beesley, Chief Constable of Folkestone, said on June 25th,
when he cautioned the prisoner, he said he was not guilty.
Mr. Hutchinson: On 4th June you were trying to find where Mrs.
Spiers stayed on Tuesday?
Witness: Yes.
Florence Thompson, of 19, Hamilton Road, Dover, said she had a
conversation with the prisoner about Phyllis. She told him that it
was a shame that Phyllis was murdered. The prisoner asked her if she
would like a scarf round her neck. He told her that if she did not
keep her mouth shut about Phyllis he would put her on the spot. He
said “You can do a murder without leaving finger prints and foot
marks”. They went to three public-houses together.
Cross-examined, witness said she did not have a great deal to drink.
She never got drunk.
Mr. Hutchinson : I am suggesting that this man never said this to
you at all. Did he?
Witness: He did.
There was nothing to call forth this man’s anger in what you said? -
I do not know.
Did he really say “You can murder without leaving linger prints or
loot marks”? - Yes.
You are not a friend of his? - No.
Hardly know him? - Only by sight.
Robert William Weatherhead, of 35, Darlington Street, Folkestone,
said he remembered a day when there was a row at the Guildhall
public house. It must have been after May 31st. Witness took the
prisoner as a partner at darts. Whiting was abusive to the landlord,
who came round to put him out. The prisoner said to the landlord “I
will serve you as I served the blondie”. Whiting had had enough
drink to make him talk.
Mr. Hutchinson: I suggest he did not say that?
Witness: I say he did.
Percy Ernest Wootton, licensee of the Guildhall Hotel, Folkestone,
said on Friday, 3rd June, there was a row, arid he had occasion to
caution the prisoner, who begged him to let him stay, and he did so.
He did not hear the prisoner say anything else.
Mr. William Hall, of 16, Great, Fenchurch Street, Folkestone, said
he knew the murdered woman, Rose Woodbridge and the prisoner.
In March the prisoner stayed at his house for two weeks. While he
was there he said if Rose was willing to come back to him he was
willing to make a home for her. He said he worshipped her. In fact
he often mentioned her.
Mrs. Daisy Emily Hall, wife of the previous witness, said in March
the prisoner lived at her house for a time. While he was there he
said he was sorry Rose had left him. He often spoke of her.
Cross-examined, witness said the prisoner did not like Mrs. Flynn,
and she did not like him. She never saw the prisoner with two pairs
of braces while he was at her house.
In reply to Mr. Oliver witness said Mrs. Flynn came to see her “now
and again”.
Mrs. Elvey Flynn, of 21, Great Fenchurch Street, Folkestone, said
she knew Rose and the prisoner. She went sometimes to Mr. and Mrs.
Hall's place, and remembered the time when the prisoner was staying
there. When she went there the prisoner asked her if she knew any
body who told Rose Woodbridge anything about him. He said when he
found out anyone who had told Rose Wood bridge anything about him he
would strangle them.
Cross-examined, witness said on one occasion the prisoner jumped up
and ran upstairs when she went into the house, but on another
occasion he spoke to her.
Mrs. Rose Woodbridge, Eight Bells lodging-house, King Street,
Canterbury said she was married on September 4th, 1935. She lived
with her husband for a month or two, and after leaving him she lived
with Whiting for a year, and left him a fortnight before last
Christmas.
Phyllis was a great friend of hers. Whiting told her that she must
stop going about with Phyllis when she told him about two fellows
arranging to take them to London. Whiting said if she did not keep
away from Phyllis he would do something wrong. She told him that
walls had ears.
The prisoner was present when her mother took her away.
This concluded the case for the Crown.
Mr. St. John Hutchinson, in opening the case for the defence, said
one of the essential points of the prosecution was that the woman
was killed on May 23rd. The accused was walking with the deceased,
and was seen by many people with her on that day. If the jury
thought the evidence was so strong that she was undoubtedly killed
on the 23rd, they would probably find Whiting guilty. Would it be
possible for them to honestly say to themselves “I have no
reasonable doubt that the day this woman was killed was on the 23rd
May and not on the 24th”? This is a case of circumstantial evidence.
Sometimes a case of circumstantial evidence could be the strongest
they could have, and sometimes it could be the weakest. They could
imagine sometimes it might be one of the most difficult to have to
decide. He suggested that that case would be very difficult for the
jury to decide. Dealing with the green scarf, Mr. Hutchinson said
Whiting lied when he told the police he had never had a green scarf
and that he knew nothing about it. The fact that he has told such a
lie showed in no way that he was a guilty man. It was only by the
help of the State that the prisoner could be defended. He was a man
of no position and no education. He was taken to the Police Station.
The murder was well known in Folkestone, and the jury could realise
that it caused a tremendous sensation. The scarf, which he knew was
his, he knew J was found on the dead woman. Was it, therefore,
extraordinary for a man like that to deny the scarf was his? It was
not very extraordinary for him to think if he admitted the scarf was
his he was "done for”. “Looking at it from a common-sense point of
view”, Mr. St. J. Hutchinson continued, “did they really think any
murderer was such a fool when this woman has a scarf of her own, to
deliberately take away that scarf, for that is what he must have
done, and substitute it with his own scarf - leave one of his
visiting cards, as it were, upon the corpse - after strangling her
with his own hands deliberately take his own scarf and bind it round
her throat for no apparent reason unless than for the reason to make
people think she had committed suicide? He tied it like that, and no
one out of Bedlam would think she had committed suicide. The
prisoner was going to tell them that he gave her the green scarf.
Whiting was a man who was in a desperate position, who was literally
fighting for his life. What they had to ask themselves was, was the
evidence of the prosecution true; were they reasonably convinced of
the truth of the evidence? That was what they had to say before they
acted upon the evidence of the prosecution. With regard to the
evidence for the defence they had to ask themselves whether it was
reasonably true. “There might he many with a motive against this
unhappy girl on the flotsam and jetsam of life”, he said. “Supposing
she was killed by someone else on May 24th or 25th, that she was
wearing a green scarf, then the murderer would probably leave it
tied round her neck. That is much more likely than that this man
would”. He did not know whether the jury noticed the prisoner crying
when Rose Woodbridge gave evidence and also when he (Mr. Hutchinson)
was cross-examining her. His affection for her was real; perhaps a
decent thing. His affection for her was now being used as evidence
of motive. Of course it was not necessary to prove any motive at
all, but most juries did look for some motive. The prisoner might
have been annoyed with this woman, but what a gulf lay between
annoyance and murder. With regard to the taking of the statements,
he said, was he exaggerating when he said that that was as near
third degree as they were ever likely to get in that country? The
police, of course, at that time were trying to find a murderer, and
they had tried to find a motive. He asked the jury if they were
really going to act on that statement. They would hear from the
defendant that he had nothing to do with it. People who knew her
well would say they saw her on the 24th. Some would say they saw her
on the 25th. Was that not going to raise a reasonable doubt in their
minds? One witness was going to say she saw her with a green scarf
on May 25th.
Whiting then went into the witness box, and Mr. Hutchinson’s first
question to him was “Did you murder this girl?”
Whiting: No, sir.
You had lived with Mrs. Woodbridge? - Yes.
You were very fond of her? - Yes.
Are you still desperately fond of her? - Yes.
She left you, did she not? - Yes.
She was taken away by her mother? - Yes.
How much did you know Phyllis? - I did not know her hardly at all.
Had she been over to see you when you and Rose lived together? - She
used to come and see Rose now and again.
When did you see Phyllis at Folkestone? - On the Friday.
The Friday before the Monday when you saw her again? – Yes.
Tell us what happened on that Friday? - I came out of the Guildhall
at about ten past ten in the evening I was walking towards home, and
I saw Phyllis on the corner. Continuing, Whiting said Phyllis said
“Hello, Bill, do you miss Flo much?” He said “Yes, and I would like
to have her back.” She told him that she was down and out and
hungry. He gave her half-a-crown, for she said she had had some
trouble with the Labour Exchange.
The scarf produced was his property, and he was wearing it on the
Friday, when he gave it to Phyllis. She had an open-necked blouse,
and she had just come out of the Savoy Picture Palace. She was cold,
and asked for his scarf, which he took off and gave to her. She
thanked him for it. He had no idea that Phyllis tried to take Rose
from him. She was a good little soul. He next saw Phyllis on the
Monday, May 23rd, at about 12.30 p.m. She was looking at some
postcards in South Street. He had seen her before with the Belgian
at 10.30 a.m. before going up Sandgate Road. When he saw her in
South Street she asked if he was going to treat her. She said “Let’s
go up to the Globe”, a public house on The Bayle. When they got to
the Globe she had a brown ale, and he had a pint of beer. She then
showed him some divorce papers in her handbag. She said “Why don’t
you get married, Bill?” He said “I will do, but I have got to get a
job first”. She said ’’Let’s go to Dover and live, and got married
afterwards.” He was not in love with Phyllis, but he was alone, and
wanted a home. He also wanted his daughter and eldest boy home. He
told her that he would marry her, but he had to have a job first.
She was not wearing his green scarf that day. From the Globe they
went to the Public Library, and then into New Street, where he
bought a box of matches at Philpott’s. Going along Sussex Road
Phyllis met Mrs. Laws and spoke to her. When she returned he asked
her where she was going, and she said “Home”. He asked her where her
home was, and she said "89, Ashley Avenue”. They went along and
stopped opposite the Baths to look at the pictures. She said she was
going to the pictures that evening with her landlady. She then said
"Come on, let’s go home”. Continuing, prisoner said they went up St.
John’s Church Road and past the Hospital. She pointed to a room in
the Hospital and she said she would show him something. They went
along to the golf links and sat on a bank. She kept talking about
getting married, and showed him some stitches and a bone ring. She
said the stitches were from her operation. They then got up and
walked across the golf links and got into Cherry Garden Avenue. They
crossed the road and went round to the left into Cherry Garden Lane,
and then into Cherry Garden Avenue again. They turned right into
Cheriton Road, but she did not want him to go where she lived. A
fellow went past on a motor bike, and she waved to him and he to
her. She said he was one of her boys. She asked him not to come any
further with her, as she did not want her landlady to see him. She
kissed him and walked on. That was the last he saw of her.
Mr. Hutchinson: Did you take her up to Caesar’s Camp and along there
and strangle her?
Whiting: No.
A few clays afterwards he went along to the Chief Constable. He was
kept at the Police Station all that day and next night.
n May 30th he was told that Inspector Hollands wished to see him He
went to the Police Station at about six o’clock. He was not given
any food. Chief Inspector Parker commenced taking the statement at
about eight o’clock. Before that he was kept in a room for about two
hours. They then took him upstairs, where he saw Mr. Skardon, who
said “Come into the torture chamber”.
Mr. Hutchinson: He was being funny?
Witness: I suppose he was?
Continuing, witness said he was asked to sit down by Chief Inspector
Parker, who had entered the room with him. He made a statement, and
they kept putting questions to him. They took a statement and then
put him below again for about half-an-hour, and then took him back
into the room. Chief Inspector Parker, Det. Sergt. Skardon and Chief
Inspector Hollands were there, and they kept questioning him until
about a quarter or half-past two. They never read anything out to
him, but said “Just sign here and walk out a free man”. He had been
at the Police Station since six o’clock, examined verbally for four
hours, and then stripped and examined physically.
Mr. Hutchinson: What was in your mind at 2.20 m the morning? How
were you feeling?
Whiting: I was beat.
Whiting further said he did not think that Phyllis wanted to take
Rose away from him, and he had no reason to think that Phyllis was
the cause of the trouble between him and Rose. He denied that the
scarf was his because he had read in the paper that she was
strangled with a green scarf.
With regard to the second statement, when he went into the room
Chief Inspector Parker asked him to sit down. He took hold of the
scarf, tied it twice round his neck and knotted it. Chief Inspector
Parker said suicide could easily be done. Witness replied “No, it
was not suicide. Whoever done that was the murderer”.
Continuing, Whiting said Chief Inspector Parker kept leaving the
room and going into the Chief Constable’s office. When he came back
he asked him whether he had made his mind up. In the intervals Det.
Sergt. Skardon said “Come on, Bill, tell him. Don’t be a damn fool;
he is trying to help you. You won’t have any more trouble. You will
walk out a free man. We can go back to London, and our case is
settled”.
Mr. Hutchinson: Did you think you would be able to walk out a free
man?
Whiting: Yes.
Prisoner said Chief Inspector Parker said “You don’t know what I am.
I don’t want to be rough. I am going to help you”. Det.-Sergt.
Skardon kept saying “Go on, tell him. Tell him it is a case of
suicide. We want our case cleared up. You were the last man seen
with her; we don’t want to charge you with minder”. He handed
prisoner his hat and said “Sign this and walk out”.
Mr. Hutchinson: You did sign it and walk out.
Judge Wrottesly: You had nothing to do with the wording of the
statement?
Whiting: I simply said “Yes”.
They invented the story and you signed it? - Yes.
With regard to the incident in the Guildhall public house, he was
singing, and the landlord caught hold of him. He (prisoner) said “I
will handle you the same as you handle me outside.” He denied saying
he would serve him as he served the blondie. Whiting admitted that
he hated the sight of Mrs. Thompson. He denied saying he would put
her on the spot, but said he told her that he loved Mrs. Woodbridge.
He bought the green purse at Dover Woolworth’s before Christmas.
Mr. Hutchinson: Had you any feeling of hatred or revenge against
Phyllis at all?
Whiting: No. She was a good little soul.
This concluded the examination of the prisoner, and the Court rose
at twenty minutes to seven.
When the hearing was resumed yesterday (Thursday) Whiting was cross-
examined by Mr. Roland Oliver.
Mr. Oliver: Will you look at the scarf - look at it carefully - is
that actually your scarf?
Whiting: Yes.
When did you tell anybody that the scarf round this murdered woman’s
neck was yours? - I told my counsel.
When? - Two or three days ago.
Mr. Hutchinson said he had been told before Wednesday morning.
Mr. Oliver: Two or three days ago you told your counsel that it was
your scarf. You did not tell anybody before then?
Whiting: Yes.
You see the ends of your scarf are frayed as if they had been in
contact with some hard object? - Yes.
Can you tell the jury how that happened to your scarf? - It was
never there when I had that scarf.
You mean those frayed marks were not there at all? - They were not
there.
Since you gave it to her that came about - Yes.
Did you ever put the ends of your scarf in the clip of any braces to
hold it? - No.
You say you gave her that scarf on Friday, May 20th? - Yes.
You heard a landlady say she had never seen any such scarf? - Yes.
You last saw her with it when she put It round, her neck on Friday?
- Yes.
You never saw that scarf again, did you, according to your case? –
No.
She did not wear it on the Monday when you went for a walk with her?
– No.
She was wearing a different scarf? – I did not notice.
You are a Folkestone man, aren't you? – Yes.
You know these three beehive-looking hills? – Yes.
Did you know there was a thicket along the bottom of them? - No, I
never go up there.
You have never been up there in your life? - No.
Have you ever been up as far as the stile along the road called
Castle Hill? - I came down that road last August, past that stile.
This girl Phyllis was a loose sort of girl? - According to what some
people say.
She would have gone to a place like that with a good number of men
if they had asked her, according to your knowledge of her? - Yes,
she would.
You knew she would have gone with you if you had asked her? - I do
not think she would.
In reply to other questions, Whiting said he loved Rose Woodbridge
and he was sorry when she left him.
You thought some interfering person brought about Rose Woodbridge
leaving you? - Something about a letter the landlord sent to her
mother.
Were you anxious to find out who made that mischief? - No.
You never tried to find out who had done that? - No.
Would you have been angry with the person who had done that? - I
would have asked them what they had done it for, that is all.
Can you tell the jury at all when your jacket got torn? It was the
only jacket you wore on every day? - I never noticed it.
That purse which was in your pocket, you said you bought that before
Christmas and had had it for months and months? - Yes.
A good many people might have seen you with it if it was yours? - I
expect so.
Replying to a question by Mr. Justice Wrottesley, the prisoner said
when he was in London he kept cigarette ends and papers in the
purse. He also used it for money.
Mr. Oliver: You know Elvey Flynn?
Whiting: Yes.
Did you have any conversation with her about Rose Woodbridge? - I
would not speak to her at all.
Why would you not speak to her? - Because I don’t like her. She is
mischief making and always has been.
Did you never ask her if she knew anything about Rose Woodbridge, or
whether anybody had made mischief about Rose Woodbridge? - No.
You said you hated and detested Florence Thompson. Is that right? -
Yes.
Were you with her one afternoon in the Guildhall? - She came in
there.
Were you afterwards with her in Jordan’s? - Yes.
Did you talk to her? - Yes. She asked me if I would treat her to a
dinner in the South Foreland.
Did Mrs. Thompson say to you “It is a shame Phyllis has been
murdered”? - She did not say anything like that.
Did you say “If you don’t keep your mouth shut about Phyllis I will
put you on the spot? - No.
It is sheer invention? - Yes.
Did you say “How would you like a scarf round your neck?” - Pure
invention.
Weatherhead is a friend of yours? - No friend of mine.
Is that an invention of his? - Absolutely
You never said you would serve anyone like you served the blondie? -
No. There were other people in the bar.
Mr. Oliver then questioned Whiting about the long statement he had
made.
Mr. Oliver; Do you say that the police wrote down things you did not
say?
Whiting: Yes.
They invented things, and then you say they wrote them down, and you
never said them at all? - Yes.
You gave them, no doubt, in answer to questions getting a detailed
account of your movements with Phyllis on 23rd May? - Yes.
Is that part of the statement right? Did you tell them those things?
- Yes.
They have written down a lot of things you have said about Mrs.
Woodbridge. Did you say anything about Mrs. Woodbridge? - They put
it to me that I had been living with Mrs. Woodbridge and I told them
I had been living with her. They said “When you were there did a
young girl named Phyllis Minter come there?” and I said “Yes”. They
said “You say Phyllis was the cause of Mrs. Woodbridge leaving you?”
They kept on putting that to me and I suppose I must have said
“Yes”. Continuing, Whiting said he did not hear that she had been in
hospital.
Can you think why the police should talk about her being in
hospital? Are you sure you did not say that? - I am sure I did not.
Continuing, Whiting said he did say that he would be annoyed with
anyone who led Rose astray. The police kept putting it to him and he
said “Yes”. He did not say he thought Phyllis was the cause of the
trouble between Rose and him.
Mr. Oliver: What the police have done, according to you, is to write
down a lot you did say and put in little bits they invented
themselves? - Yes.
If you wanted to get Phyllis to that thicket for immoral purposes
you may have talked about marrying her and living with her? - It
never entered my mind.
After saying you would marry her on the afternoon of Monday. May
23rd, and knowing where you thought she lived, 89, Ashley Avenue,
did you make any attempt to see her again after that Monday? - No.
You were lonely and wanted to marry; you had arranged to marry this
woman. She had told you her address where you thought she lived. How
came it you never tried to find her until her body was discovered? -
She said she would see me next day in the Library. She never turned
up and I forgot all about her.
Did you say to the police “I am always worried since Mrs. Woodbridge
left me”? - Yes.
Whiting said the statement was not read over to him and the
statement “This statement has been read over to me and is true”, was
put in after his signature was put on it. With regard to the second
statement dealing with the question of suicide, Whiting said he did
not see Phyllis wearing the green scarf on the Monday evening.
Mr. Oliver: Every word in that is a lie invented by the police?
Whiting: They kept saying it themselves.
Mr. Oliver asked Whiting to look at the scarf and said “Was that how
it was when the police showed it to you?”
Whiting: Yes.
Mr. Oliver then reminded Whiting what he had said the previous day
about Chief Inspector Parker tying the scarf twice round his neck,
knotting it and saying “Look Bill, easy”. “You show the jury what
Chief Inspector Parker did with that scarf”, added Mr. Oliver.
Whiting took the scarf, wound it twice round his neck and knotted it
in the front.
Mr. Hutchinson: In this statement the police nut questions to you?
Whiting: Yes.
You say it is the answers to these questions that they put down in
some instances wrong? - Yes.
Mr. Henry Allen, of 4, Margaret Street, Folkestone, a labourer, said
he made a statement to the police on June 2nd. He had known the
murdered woman well by sight for about eight years. He saw her on
May 24th at 9.30 p.m. in Margaret Street smoking a cigarette.
Cross-examined, witness said he saw Phyllis practically every day.
Mr. John Brookes, of 4, Margaret Street, Folkestone, a labourer,
said he made a statement to the police on June 2nd. He knew the
murdered woman by sight and saw her on May 24th between 9.30 p.m.
and 9.45 p.m. in Margaret Street, when he was with the previous
witness.
Cross-examined, witness said he saw the murdered woman practically
every weekend in a public-house. He did not see her every day.
Mrs. Ella Hall, of Station Cottages, Folkestone, said the police
sent for her and she told them she went to Sainsbury’s on the 24th
or 25th of May at about 10 a.m. She got off the bus at West Cliff
Gardens and saw the murdered woman talking to two men. She said
“Hello” to her.
Cross-examined, witness said she did not see Phyllis very often. She
was not sure whether it was the 24th or 25th, but she knew it would
not be the Monday.
Mr. Justice Wrottesley: Are you sure it was not the 17th or 18th
that you saw Phyllis?
Witness: It was not as far back as that.
Miss Hilda Miller, of 28, Harvey Street Folkestone, a shop assistant
at the Folkestone Woolworth’s, said the police sent for her on May
28th. She knew Phyllis by sight and last saw her on May 25th between
11.30 and 12 noon in the store. She was with another woman, who
bought a roll of greaseproof paper. Phyllis was wearing a navy blue
coat and a green scarf similar to the one produced. She had seen the
murdered woman the day before and she was wearing the same coat. She
was able to fix the dates because it was the same week the woman was
murdered.
Cross-examined, witness said she did not remember the murdered woman
coming with Mrs. Wright to the shop on Monday. She first knew that
the murdered woman had a green scarf tied round her neck when she
heard the other girls talking about it. Witness said she was serving
on a counter where paper was sold.
Mr. Hutchinson: Did you notice anything about Phyllis? What drew
your attention to her?
Witness: I looked at her hair.
What did you notice about her hair? - It had been dyed.
Mrs. Wright, re-called, said she recognised Miss Miller as the young
lady from whom she made her purchase on the Monday at Woolworth’s.
Mr. Edward Marwood, a newsvendor, of 29. Tontine Street, Folkestone,
said he was sent for by the police on May 29th. During the week
previous, on the Wednesday morning, at about 9.50, he saw the
murdered woman near Milky Way. She had a book in her hand. He was
able to fix the time because he was going to the Labour Exchange to
sign on. He had seen the girl on Monday at about 10.50 a.m. or 11
a.m. outside Wood’s, in Tontine Street. She was then talking to a
big, stout lady. He had also seen her on the Sunday morning, when
she asked him where the East Kent booking office was. She had a case
in her hand and said she was going to Margate.
Cross-examined, witness said he saw Phyllis a good many times during
a week.
Mr. Hutchinson: Are you certain after you had seen her on Sunday
that you saw her on two days after?
Witness: On Monday and Wednesday.
Mr. John Henry Turner, of 8, Mill Bay, Folkestone, a newsvendor,
said on May 29th he gave a statement to the police. He knew Phyllis
Minter by sight and saw her on Wednesday, May 25th. He was locking
the “Star” office up at about 7.45 a.m., when Phyllis said “Good
morning” to him. He walked with her as far as the Shakespeare public
house. He saw her again at 8.20 a.m. and she said she was waiting
for her pal.
Miss Lucille Godden, of 43, Bridge Street, Folkestone, a waitress,
said she was sent for by the police. She had known the murdered
woman all her life. On May 22nd she saw Phyllis in the Alexandra
Hotel. Phyllis said she had had a phone call from somebody and did
not know who it was. She next saw Phyllis again on the Wednesday
evening in Dover Road, between 10.30 and 11 at night. She saw
Phyllis coming up the road on the pillion seat of a motor cycle. She
was wearing a navy blue coat and green scarf, but no hat. A medium
aged man was driving the motor cycle. He was wearing a light
raincoat, but no hat. She was able to fix the date because on the
Monday and Tuesday she went to a dance arid did not leave until 12
o’clock.
Mr. Oliver: I am going to suggest you are quite mistaken that you
saw Phyllis between 10.30 p.m. and 11 p.m. on Wednesday.
Mr. Oliver: You are able to say she was dressed in a blue coat?
Witness: Yes.
And a green scarf? - Yes.
When did you first remember seeing her wearing a green scarf? -
Different times I saw she was wearing a green scarf.
How long before this Wednesday had you seen her with a green scarf?
- On Sunday.
Did you ever see her before with that green scarf? - I cannot
remember what day.
A week before? - About that.
Did the police ask you how this woman was dressed? - Yes.
Why did you not tell them amongst other things she had a green
scarf? - I thought I told them she had a green scarf on.
Has not your imagination been getting to work? - No.
In reply to a question by Mr. Justice Wrottesley, witness said she
thought the scarf Phyllis was wearing was darker than the one
produced.
Miss Lilian Beasley, of 37, Marshall Street, Folkestone, said she
was with Miss Godden on the Wednesday when they saw Phyllis on the
back of a motor cycle in Dover Road. She only saw the back of the
murdered girl, but knew her because of her coat and hair.
Cross-examined, witness said she would not have seen Phyllis unless
Miss Godden had said “There is Phyllis Minter”.
Mr. Charles Butler, of 23, St. John’s Street, Folkestone, a
fisherman, said he had known the girl known as Phyllis Minter since
she was three or four years of age. On May 27th he saw a newspaper
photograph of the murdered girl. He had seen her on Wednesday, May
25th at the Dover bus stop at the top of Tontine Street. Witness
said it was the 24th or the 25th when he saw the girl. She was
talking to a man about six feet tall, who looked like a soldier.
They appeared to be quarrelling and Phyllis looked to be on the
point of crying.
Cross-examined, witness said he came ashore at about 10.05 p.m. and
saw Phyllis at 10.35 p.m.
Mr. Oliver: You had just come from the sea every evening that week,
including Monday?
Witness: Yes.
After the luncheon adjournment, Mr. Justice Wrottesley said that he
had received a note from the jury. “If I thought it possible to do
whatt is asked in accordance with the administration of justice in
this country”, he said, “I would do so, but it is quite impossible.
I can only say ‘No'”.
The contents of the note were not made public.
Mr. Richard Brazier, of 23, St. John’s Street, Folkestone, a
platelayer, said he lodged with Butler. He had known Phyllis Minter
by sight for six months at the most. Looking at the photograph
(produced) witness said he could not say he knew either of the girls
depicted, but he knew Rose Woodbridge. On the Tuesday he met Mr.
Butler at the bottom of Tontine Street. They passed the
Congregational Church and he saw a woman and man standing on the
kerb having a row. The man was tall and wore a light raincoat.
Mr. Hutchinson: You would not give the defence a statement?
Witness: I have been away working for the last 16 weeks.
Did you tell everything you could remember to the police – Yes.
Did you tell them more than you could remember? - No.
Mr. Hutchinson asked leave to treat Brazier as a hostile witness and
asked Mr. Justice Wrottesley to read the statement given by the
witness to the police.
Mr. Justice Wrottesley said he could see no signs of hostility.
In reply to his lordship, witness said he did not recognise the man
or woman ho saw at the bus stop.
Mr. Hutchinson: How do you know they were having a row?
Witness: They were arguing.
Cross-examined, witness said the incident happened on the Tuesday.
He never went out on the Wednesday. He had only seen Phyllis once
before.
Mr. Oliver: Is your memory a rather weak one?
Witness: No.
Mr. George Neville, of Dudley Road, Folkestone, said he had known
the murdered girl for seven or eight years. He heard about her death
on May 26th. He last saw her on May 25th at the bottom of Tontine
Street at about 11.15 a.m. She was with two other women, and was
wearing a blue coat with white spots on it and had no stockings on.
He had no doubt at all that the girl was Phyllis.
Cross-examined, witness said the blue coat produced was not the coat
he saw Phyllis wearing.
Mr. William Alfred Richards, of 60, Dover Street, Folkestone, a
mechanic, said he had known the murdered woman ever since she was
quite a small girl. On May 22nd he bought a rowing boat at Dover and
on the Tuesday he rowed it from Dover to Folkestone. He reached
Folkestone at 5.30 p.m. and he worked on it until about 9 p.m. The
next day, Wednesday, he went to his father’s house in Foord Road,
and on the way passed Phyllis by Messrs. Rye's stores at about 10.15
a.m. He had no doubt at all that the girl was Phyllis Minter.
Mr. William Knott, of 13, New Street, Folkestone, a labourer, said
he knew Whiting and Weatherhead. On the Friday night, when there was
a row in the Guildhall, he was in the public bar. The landlord told
Whiting that if he did not keep quiet he would put him out. He heard
no threats.
Cross-examined, witness said there was not a great deal of noise,
although it was a bit “jangley”.
Miss Iris Horton, of 114, Buckland Avenue, Dover, employed by
Messrs. Woolworth’s, at Dover, said she had been in charge of the
leather counter since before September, 1937. They sold many purses
like the green purse produced.
Cross-examined, witness said that it was very rare they sold such a
purse to a man.
Closing the case for the defence, Mr. Hutchinson, addressing the
jury, said it was a very terrible murder. A young girl on the
threshold of life had been done to death very brutally. “My
submission is going to be”, he continued, “that throughout this case
there is not enough evidence here for you to say that the
prosecution have done what they are bound to do. That is to prove to
you beyond all reasonable doubt the guilt of the prisoner”. There
was one point for them, he said, in that case. Had it been proved to
them beyond all reasonable doubt that the girl was killed on May
23rd? If they thought the evidence was so overwhelming as to be safe
to act upon, that the woman was killed on May 23rd, they would get a
very long way towards proving the guilt of the prisoner. Twelve
reputable people had all given evidence that they had seen the woman
alive after May 23rd. If they found that those twelve people must
have been mistaken, they need not attend to any other part of the
case at all. Continuing, he said the prisoner denied it-was his
scarf, but he was lying. There was no doubt about that. Were they
surprised that he told lies about it? It was wrong for him to tell
lies. It would be dangerous if people were convicted merely because
they told untruths to themselves out of trouble. Dealing with the
statement about suicide, Mr. Hutchinson said it was one of the most
extraordinary parts of the case. They knew the prisoner made a
statement to the Chief Constable, but he never made any suggestion
that the murdered woman was depressed or likely to commit suicide.
He then made a statement of four hours, and he never breathed that
she was going to commit suicide; in fact, he said he was going to
marry her. Did it not seem extraordinary that he next suddenly
evolved that theory? Were not four hours taken up by this wretched
man being cross-examined by a clever police officer? “Really, I do
protest as strongly as I can against that form of statement”, he
added. Continuing, Mr. Hutchinson said why not let the man write it
himself; there was plenty of time? They kept him in the Police
Station for four or five hours without food before they asked him a
single question. Next day the man’s clothes were taken from him, and
he was given others. The next night he was sent for again, and at
11.15 he was cross-examined again. Why on earth did that man, out of
the blue, suddenly make that suggestion of suicide?
Mr. Oliver, addressing the jury, said it was the prosecution’s case
that the woman was murdered on Monday, May 23rd. Since then no one
could be found at whose house she had slept or in whose presence she
had eaten. One suggestion came from a witness that she might have
slept out. Did the jury think it at all likely that she would leave
her belongings at the bus office unclaimed? When the body was found
on May 26th at six o’clock it was smelling of decomposition. Did
they require scientists to tell them that the girl was not living at
ten o’clock the previous evening as some of those reliable witnesses
say? Were they impressed by Sir Bernard Spilsbury when he said could
not be alive on Wednesday? It was possible that she was alive on
Tuesday, but riot probable. That she died on May 23rd was consistent
with her disappearing from any house where she lived.
|
Folkestone Herald 17 September 1938.
Local News.
William Whiting (38), a labourer, of Folkestone, was found Not
Guilty at the Old Bailey yesterday of the murder of Mrs. Phyllis May
Spiers, whose body was found in a coppice at the bottom of Caesar's
Camp, with a green scarf round the neck, on the evening of May 26th.
The trial, before Mr. Justice Wrottesley, lasted four days and at
its conclusion, when the foreman of the jury announced the verdict,
there was some applause in Court. This was at once suppressed by Mr.
Justice Wrottesley. Whiting was discharged shortly after the jury,
upon which three women served, had given their verdict.
During the trial Whiting stated that certain passages in an alleged
statement to the police had not been made by him. He admitted that
the green scarf found round the neck of the murdered woman was his,
but said that he had given it to Mrs. Spiers some days before her
body was found. Four branches of a tree were exhibited in Court.
They were enclosed in a frame along the front of the dock and beside
them were four suitcases.
Whiting, who pleaded Not Guilty, went into the witness box on
Wednesday and in answer to his Counsel’s question “Did you murder
this girl?” said in quiet tones “No, sir”. He was subjected to a
lengthy cross-examination by Counsel for the prosecution.
Mr. Roland Oliver, K.C., and Mr. B.M. Waddy prosecuted, and Mr. St.
John Hutchinson and Mr. J. Stuart Daniel were for the defence.
Mr. Oliver said on the evening of May 26th, a boy of 16, named
Andrews, was bird-nesting in a remote thicket near Folkestone when
he came across the body of a woman. The police found that she had
been strangled, and, he would ask the jury to say, murdered by a
man. It was a case that might cause them a good deal of anxiety.
There were a great many witnesses and the case in the main was one
of circumstantial evidence. It was a murder of great brutality. The
woman had received the most ferocious violence from her assailant.
Mr Oliver said that the path to the thicket was very rough, more
like a cattle track than a path. Mrs. Spiers was 22, and was married
before she was 17. She lived with her husband for two years until
1934, and then they parted and her husband had never seen her again.
“I am afraid there is no doubt she was a woman of immoral habits”,
continued Mr. Oliver. “She had affairs with many men and was
therefore a young woman who might have gone to that place with a
good many men. Whiting knew her quite well. Mrs. Spiers was
practically destitute. She had twice stayed at lodgings with luggage
and left without paying. The manner of her murder was fairly plainly
written on the scene of the crime and on her body. She had obviously
been violently attacked, perhaps with fists, and beaten into a state
of unconsciousness. The murderer must have then dragged her further
into the thicket. A blue coat was thrown over her, and tied and
knotted tightly around her neck was a green scarf. That scarf is one
of the most salient pieces of evidence in this case. Whether she was
strangled by it, by the hands, or died in some other way is not
known, but it was clear she was murdered. The scarf might have
belonged to the murderer”. By a curious coincidence, continued Mr.
Oliver, Mrs. Spiers was “snapped” on the Folkestone front on the day
of her death and the scarf she was wearing was obviously nothing
like the green scarf. One portion of what the prosecution said was
her own scarf was found in her handbag. The rest disappeared – they
might think with the murderer. It was the case for the prosecution
that her death took place on May 23rd, although he understood
witnesses were to be called to say they saw her after that date. If
the jury accepted that date it was quite significant that the last
person who was seen with her was Whiting. Mr. Oliver then came to
the question of motive. Whiting, he said, had lived at Dover for
about a year with a married woman named Rose Woodbridge. She was a
close friend of Mrs. Spiers, and Whiting did not approve of the
association. One evening when Mrs. Woodbridge came home she told
Whiting she had been out with “Phyllis”, and that they met a couple
of men who asked the women to live with them. That, according to
Mrs. Woodbridge, made Whiting angry, and he said “If you don't stop
going about with Phyllis I shall do something wrong”. He threatened
he would strangle Phyllis. “Be careful of Mrs. Woodbridge’s
evidence”, Mr. Oliver warned the jury. “You may not think her a very
reliable sort of woman, but that does not mean she cannot tell the
truth. Whiting and Mrs. Woodbridge separated - her mother, I think,
took her away - and this made him very jealous. He was anxious to
find out who had brought about the separation. He was desperately in
love with her. In a statement to the police he said he worshipped
her and in his mind Phyllis was the person really responsible for
coming between them”. Mr. Oliver returned to the green scarf –
“perhaps the most important piece of evidence in the case”. Whiting
had denied that it was his scarf, or that he ever had one like it.
The prosecution had evidence that right up to the day of the murder
he was wearing a similar green scarf, but on the day of the murder
he was not. Another piece of evidence, found on a post in the
thicket, was a hair similar to Whiting's. On July ist Whiting made a
long statement to the police, in which he said that he and Phyllis
walked to the golf course and sat on the grass. Phyllis was very
quiet. “I said 'What is the matter?'”, the alleged statement
proceeded. She said “I am fed up and I am going to do myself in” I
said “How are you going to do it?”, and she said “Strangle myself
with a scarf round my neck”. She was wearing a green scarf. Mr.
Oliver submitted that Mrs. Spiers could not have strangled herself;
she was murdered by someone. “How could she have said to anybody
'I
am going to strangle myself with a green scarf'” he concluded, “and
then someone have come along and murdered her with a green scarf?”
Evidence was then called for the prosecution.
Arthur Charles Spiers, husband of the dead woman, living at
Bexhill-on-Sea, said that shortly before her death he began divorce
proceedings against her.
Inspector Johnson, of Folkestone, was asked by Mr. Hutchinson
whether a man had confessed to the police that he had committed the
crime and that the police, after making enquiries, took no further
steps with regard to the man.
The officer said that he did not know. It was not a matter that he
dealt with.
Dr. W. C. P. Barrett, the Folkestone police surgeon, expressed the
view that the woman's death was caused by garrotting. He agreed that
before the Coroner he gave his opinion that she had not been dead
longer than two days when the body was found. He had heard
“chit-chat” that Mrs. Spiers had been seen shopping after May 23rd.
His original opinion and his present opinion were that death had
taken place within two or three days.
Mr. Hutchinson: Do you know that Sir Bernard Spilsbury does not
agree with your opinion about garrotting?
Dr. Barrett: Yes.
Mr. Hutchinson: You thought scratches were cause before death, and
Sir Bernard after death?
Dr. Barrett: Yes.
Mr. Hutchinson: You agree that all these questions are matters of
grave difficulty in which people may honestly make mistakes?
Dr. Barrett: Yes, and Sir Bernard's experience is much greater than
mine. I have only had two cases of murder.
Sir Bernard Spilsbury said that he thought death was due to manual
strangulation rather than garrotting with the green scarf.
Mr. Oliver: I don't think it matters whether it was manual
strangulation or strangulation with a ligature. There is no doubt it
was strangulation?
Sir Bernard Spilsbury: None at all.
Mr. Oliver: Is it in your opinion possible that she committed
suicide by strangling herself with a scarf?
Sir Bernard Spilsbury: No, that it quite out of the question, in my
view.
Replying to Mr. Hutchinson, Sir Bernard agreed that it was very
difficult to fix the exact time of death. It might have been on May
23rd or May 24th.
Mr. Hutchinson: The police have told us of people who thought they
saw Mrs. Spiers alive on May 25th. Could you go so far as to say she
could not have been alive on the 25th?
Sir Bernard Spilsbury: I hardly think it possible.
Does that mean it is just possible, but very unlikely? – It is very
difficult indeed to say.
When the case was resumed on Wednesday the jury asked if they might
have an opportunity of examining more closely the tree branches
which formed an exhibit.
Mr. Justice Wrottesley agreed to the request, and said they could be
taken to the jury room and examined during the luncheon interval.
Chief Inspector Parker produced a long statement alleged to have
been made by Whiting on May 30th. It began “I am a widower and my
wife died on May 3rd, 1936. She was strangled by George Arthur
Bryant, who was afterwards executed at Wandsworth. I was at the time
of her death living apart from my wife. I had three children by her.
She left me in December, 1935”. The alleged statement went on to
tell of his association with a young married woman named Rose
Woodbridge, and of Mrs. Woodbridge leaving him in November last, and
added “I loved Rose, and in my mind I thought Phyllis Spiers was the
cause of the trouble between us. I worshipped Rose”. On May 23rd he
had a drink with Mrs. Spiers, and she showed him some divorce papers
and said that she could get married again. The alleged statement
continued “She asked me ‘Why don’t you marry me and let us go back
to Dover?’ I said ‘I want to get married, and have some of my
children home’”. They walked to the golf links. Something seemed to
be worrying her, “perhaps because she was down and out. If Rose does
not come back I shall never settle down again”.
Inspector Parker said that he showed a green scarf to Whiting and he
declared that he had never seen it before and had never had one like
it.
Later Whiting made another alleged statement, said the witness, in
which he said that while on the golf links Mrs. Spiers said she
would “Do herself in”. He (Whiting) asked how, and she replied
“Strangle myself with a scarf round my neck”. She was wearing a
green spotted scarf. Inspector Parker said that he had tried to find
any place where Mrs. Spiers might have slept or taken a meal after
May 23rd, but had been unsuccessful.
Mr. Hutchinson: That did not surprise you, did it? She was
continually in different places?
Inspector Parker: She was a resident of Folkestone, and I expected
she would have been found after May 23rd had she been alive.
Asked why the alleged statement should have taken from 10 p.m. to 2
a.m., Inspector Parker said that he was endeavouring to discover the
perpetrator of a crime. He agreed that he asked Whiting a good many
questions.
Mr. Hutchinson: Can you tell me the difference between that and
third degree methods?
Mr. Justice Wrottesley: I don’t know what third degree means.
Mr. Hutchinson: I thought a police officer would know (to Inspector
Parker): Do you know?
Inspector Parker: I have heard of the term but I do not know what it
means.
Mr. Hutchinson: Do you generally, when making inquiries,
cross-examine a man not only on what he is saying but on statements
by other people? - I did not ask him about other people’s
statements. I was endeavouring to test the accuracy of his
statement.
Inspector Parker agreed that there were no scratches on Whiting.
There was a tear on his coat but no scratches on it. Several other
men were examined by the police, he said.
Mr. Hutchinson: And there was the usual fake confession by a
lunatic? – Yes.
A representative of a firm of outfitters at Folkestone said that
during the winters of 1936 and 1937 his firm sold two or three dozen
green scarves.
When evidence was called as to Whiting having worn a green scarf on
various dates up to May 20th, Mr. Hutchinson said that it was not
disputed.
The jury, during the luncheon interval, examined the tree branches
and on their return discussed a point with counsel and the Judge as
to the position of a piece of barbed wire.
Mrs. Wright, of Garden Road, Folkestone, said that Mrs. Spiers took
a room at her house on May 21st in the name of Phyllis Minter. She
had no luggage and said she came from Tooting and had a job at the
Lido, Folkestone.
Mr. Hutchinson: Were you surprised she did not turn up on the night
of May 23rd?
Witness: I was.
You know she has gone off before without paying? - I know that now.
Mrs. Wright added that later that night she saw a man without a hat
and wearing a light mackintosh, apparently waiting outside her
house.
Alfred Sidney Beesley, Chief Constable of Folkestone, agreed, in
reply to Mr. Hutchinson, that in June he caused an inquiry to be
made as to where Mrs. Spiers stayed on May 23rd and 24th. He
explained that he had had statements that Mrs. Spiers had been seen
on May 24th and he had done all he could to find out if it were
correct. He could not find any place where she had stayed although
she was supposed to have been seen in Folkestone.
Florence Thompson, who described herself as a friend of Mrs. Spiers,
said that she had some drinks with Whiting on May 28th. “I remarked
that it was a shame that Phyllis had been murdered”, she continued,
“and he asked me how I would like a scarf round my neck”. “He said
'If you don’t keep your mouth shut about Phyllis, I will put you on
the spot. You can do a murder without finding fingerprints or foot
marks’. I said: ‘No. Wherever you go they will always trace you’”.
Mr. Oliver: What was his manner? - He was quite quiet.
Replying to Mr. Hutchinson, Mrs. Thompson said that she had come
over for the day from Dover. She and Whiting went to three public
houses. She had a gin and peppermint in one; a port wine and a
cherry wine in another, and a port and a cocktail at the third.
Mr. Hutchinson: Were you not a little imaginative? - No. I never get
drunk.
I suggest he never said this at all? - He did.
Why should he say it? - Phyllis happened to be a friend of mine.
Robert William Weatherhead, a seaman, spoke of an alleged incident
in a public house. Whiting, he said, became abusive and when the
landlord came round to put him out he swore and said “I will serve
you the same as I served the blondie”.
Mr. Hutchinson: He had had a drink or two? – He had had enough to
make him talk.
Rose Woodbridge, who said that she was living in a lodging house in
Canterbury, gave evidence that she knew Phyllis Spiers as “Phyllis
Minter”. Mrs. Woodbridge said she (witness) was married in
September, 1935, and parted from her husband a month later.
Subsequently she lived with Whiting, leaving him a fortnight before
last Christmas. Phyllis Spiers lived in the same street at Dover,
and they were very friendly. Mrs. Woodbridge said that one day she
told Whiting about “two fellows” arranging to take her and Phyllis
to London. He was very angry and said that he would do something
wrong if she did not keep away from Phyllis. He did not say what he
meant by it.
The Judge: What did you say? - “Walls have ears”. She added that her
mother took her away from Whiting. He was there, and she gave him a
reason.
Mr. Oliver: Did you hear your mother’s reason for taking you away? -
No.
This concluded the case for the prosecution.
Mr. Hutchinson, opening the case for the defence, said that Whiting
was a man of no education and it was only by the help of the State
that he was defended. That he had lied when he said he had never had
a green scarf was true but because he told a lie about that it did
not show he was guilty. They could imagine his feelings when he
heard that a green scarf had been found round the woman’s neck and
his saying “If I admit the scarf is mine I am done for”. “Would a
man be such a fool as to take away a woman’s scarf and substitute
his own to strangle a woman?” asked Mr. Hutchinson. Whiting would
tell the jury that, not on Monday, May 23rd but on the previous
Friday, he gave Mrs. Spiers the scarf he was wearing. He did not
think she was wearing it on the Monday when he went out with her.
“Supposing someone else was with her - and there might be many with
a motive against this unhappy girl on the Flotsam and Jetsam of
life. Supposing she was killed by someone else on May 24th or May
25th, that she was then wearing a green scarf, then the murderer
would probably leave it tied round her neck. That is much more
likely than that this man would”. There would be evidence by people
who knew her well, who would swear that they saw Mrs. Spiers on May
24th, and some on May 25th. One of them would say that she was then
wearing a green scarf.
Whiting then went into the witness box.
Mr. Hutchinson’s first question to him was “Did you murder this
girl?” “No, sir”, he replied quietly. Whiting said that he was a
married man, and that his wife was murdered and a man named Bryant
was hanged for it. He (Whiting) lived with Mrs. Woodbridge. He was
very fond of her then and he was now. After Mrs. Woodbridge had left
him he met Mrs. Spiers on one occasion. She asked him if he missed
Rose, and he said he did, and would like her back. On May 20th she
asked him for his scarf, saying that she felt cold, and he gave it
to her.
Mr. Hutchinson: Had you any idea that Phyllis, wanted to take Rose
away from you? - No, she was a good little soul, and would not do
it.
Describing his meeting with Mrs. Spiers on May 23rrd, he said she
showed him some divorce papers and said to him “Why not get
married?” He said that he would marry her, but he had to get a job
first.
Mr. Hutchinson: You were not in love with Phyllis? – No, but I
wanted a home and my two children back. I was alone.
Whiting said that on this day Phyllis was not wearing the green
scarf which he had given her. They went for a walk, and near the
golf links she waved to a young man on a motorcycle, saying that he
was “one of her boys”. Soon afterwards she kissed him, and they
parted. That was the last he saw of her.
Mr. Hutchinson: Did you take her by Caesar’s Camp and strangle her?
- No, sir.
Asked about his alleged statement, Whiting said the police officers
kept asking him questions and he hardly knew what he was saying. He
had denied that the green scarf was his because he had read about
the scarf in the paper and he was frightened. Asked why he had
suggested that Mrs. Spiers had committed suicide, Whiting replied
“Inspector Parker put it to me telling me that if I told him that, I
would walk out a free man - if I told him about it being a suicide
with a green scarf”.
Whiting continued: “Inspector Parker said ‘Sit down, Bill’. He got
the scarf, tied it twice round his neck, knotted it and said ‘Quite
easy, Bill. A case of suicide. It could easily be done.’I said ‘ No,
it is not suicide, whatever it was it was murder’. He kept pressing
me for nearly two hours and saying ‘Have you made up your mind?’”
“While he was away, Sergeant Scarden said ‘Go on Bill, tell him.
Don’t be a damned fool. He is trying to help you. You will have no
more trouble. You will walk out free. We will go back to London and
our case is settled'”. Whiting said that Mrs. Spiers was a
“happy-go-lucky girl and would not commit suicide”.
Mr. Hutchinson: Are you a friend of Mrs. Thompson?
Whiting: I hate the sight of her.
Whiting denied having said either that a murder could be done
without leaving foormarks, or anything to the landlord of the public
house about “Blondie”. He concluded by saying that he bore no
animosity towards Phyllis.
Mr. Roland Oliver, K.C., began his cross-examination on Thursday
morning. His first question to Whiting was “When did you first tell
anybody the scarf round Mrs. Spiers’ neck was yours?” Whiting
replied: I told my counsel two or three days ago”.
Mr. Oliver: Did you hear your counsel ask a witness yesterday about
scores of scarves being sold in Folkestone? - Yes.
Mr. St. John Hutchinson said he did not wish to interrupt but in
justice to the prisoner he did not want a false deduction to be
made. He had been told about the scarf before yesterday, but until
he had specific instructions about the matter he thought it right to
put the questions about the sale of scarves.
Mr. Oliver: Two or three days ago you told your counsel it was your
scarf and you had not told anyone before that. Is that right?
Whiting: Yes.
At counsel’s request Whiting took the green scarf from the cardboard
box in which it had been placed as an exhibit and examined it
closely. The frayed end was not there, he said, when he gave it to
Mrs. Spiers.
Mr. Oliver: It has become frayed since you gave it to her? - Yes,
sir.
Did you ever put the end of your scarf into the clip of your braces
to hold it?
Whiting said he had not, adding “I will demonstrate how I put my
scarf on, if you like, sir’'.
Mr. Oliver: You say you gave her that scarf on Friday, May 20th? -
Yes.
You heard her landlady say she had never seen any such scarf in her
possession? - Yes sir.
You last saw her with it round her neck on the Friday? – Yes.
She was not wearing it on the Monday when you went for a walk with
her? - No, sir.
Was she wearing a different scarf? - I didn’t notice whether she had
a scarf at all.
You are a Folkestone man? - Bred and born from good people at
Folkestone.
Whiting said he did not know which of three hills was Caesar’s Camp.
Mr. Oliver: Did you know there was a thicket at the bottom? - No,
sir. I have never been there.
Mr. Oliver: It would be a pretty lonely place in that thicket,
wouldn’t it? - That I can’t say, sir.
This girl Phyllis was a loose-living sort of girl, wasn’t she? - So
some people say. I can’t say.
She would have gone to a place like that with quite a number of men
if they had asked her? - Yes, she would do.
She would have gone there with you if you had asked her, wouldn’t
she? - Yes, I suppose so.
You knew where Ashley Avenue was. If she wanted to go home when you
met her she would never have gone on to the golf links? She would
have gone straight along Cheriton Road? - Not necessarily.
It would have been the ordinary way to go home? - I suppose it
would.
Mr. Oliver: You were devoted to Rose Woodbridge? - Yes, I love her.
You were bitterly sorry when Rose Woodbridge left you, weren’t you?
- Yes.
You thought that some interfering person was responsible for her
leaving you? - There was something about a letter through her
landlord sent to her mother.
You thought the landlord or someone had sent a letter to her mother,
and that is why her mother took her away? - Her mother did not
explain to me why she had taken her away.
Were you anxious to find out who had done that? - No, sir.
And you never tried to find out? - No, sir.
Would you have been angry with whoever did that? - I would have just
told him off about it.
How many coats had you in May? - I had a jacket - you have got it -
and the light grey overcoat.
You were wearing that on May 21st? - Yes, sir.
When did it get torn? - It could have got torn anytime when I was
out for mushrooms in the country.
You say it is your only jacket. Can you tell the jury how long it
has been torn? - I never noticed it, sir.
You bought the purse before Christmas and had it for months. A good
many people must have seen you with it? - I expect so, yes, sir.
Answering the Judge, Whiting said when he was in London he used the
purse for cigarette ends, papers and money.
The Judge: So you took money out of the purse to pay people? -
Sometimes I used it for money and sometimes I had not much money.
Mr. Oliver: Did you ever have conversation with a woman named Flynn
about Rose Woodbridge? - No conversation at all. I would not speak
to her because I don’t like the woman. She is a mischief making
woman - always has been.
Did you never ask her if she knew anything about Rose Woodbridge or
whether anyone had made mischief about Rose? - No, sir.
Did you never ask her whether she thought Phyllis made mischief
about Rose? - No, sir.
The woman Florence Thompson said you hated and detested her. Is that
right? - Yes.
Were you with her one night at the Guildhall public house? - I was
never with her.
In the afternoon? - The public house was full of men and she came in
there.
In answer to further questions, Whiting said he was in the “South
Foreland” at dinner time and was conversing with people when she
asked him to treat her to a dinner.
Mr. Oliver: Did you hear there that the body of this woman who had
been murdered, had been found? Did not Mrs. Thompson say to you ‘It
is a shame Phyllis has been murdered’? - No.
She did not say anything like that? - No.
Did you say “If you don’t keep your mouth shut about Phyllis I will
put you on the spot”? - No.
Nothing like it? - No.
Sheer invention? - Yes, sir.
Did you say “How would you like a scarf round your neck?” - It is a
pure invention.
Weatherhead is a friend of yours? - No.
You never said to him anything about “serving anyone as you served
the blonde?” - No.
You had had some drinks? - I had had a drink or two.
Mr. Oliver then questioned Whiting at length about his alleged
statement and asked “Do you say that the police wrote down things
that you did not say?” - Yes, sir.
They actually invented things and said you said them and wrote them
down? - Yes.
You gave them, in answer to questions, quite a detailed account of
your movements with Phyllis on May 23rd? - Yes.
Is that part of the statement, stating where you met her, where you
went and what you talked about, correct? - Yes.
Whiting, answering further questions, said “The police kept on and
on saying 'You say Phyllis was the cause of Rose Woodbridge
leaving?’ They kept on putting that to me and I suppose I must have
said 'Yes'”.
Mr. Oliver: Did you say that the first time you saw Phyllis was when
you returned to Folkestone? - I don’t know, I can’t remember.
Whiting said he did not discuss the letters which led to Woodbridge
leaving. He had not heard that she had been in hospital.
Later the Judge asked Whiting: You say the police put down correctly
a part of the sentence and not the other. Is that right?
Whiting: Yes.
Mr. Oliver: Would you have been annoyed if Phyllis led Rose astray?
Whiting: I would certainly have been annoyed with anybody who led
Rose astray.
Mr. Oliver: Did you say that? - The police kept putting that to me.
Did you tell Rose that she was not to have anything more to do with
Phyllis? - I said I could not keep her in food.
Did Rose and Phyllis get drunk and were they ordered out of a public
house? - They were merry but they were not ordered out.
Whiting added “I have been through so much. Part of the statement is
true but it is not true that they were intoxicated”. He denied that
he said that Phyllis was really responsible for coming between Rose
and him.
Mr. Oliver: Having said you would marry Phyllis on Monday, May 23rd,
did you make any attempt whatever to see her again? - No, sir.
You had arranged to marry this girl. She had told you her address.
How is it that you never tried to find her until her body was
discovered? - Because she was a girl who went with anybody.
It is not a question of what sort of girl she was, but what sort of
man you are? - She said she would be at the library next day but she
did not turn up and I forgot all about her.
Whiting said when he walked with Mrs. Spiers on May 23rd she was not
wearing a green scarf.
Mr. Oliver: If she was not murdered that afternoon she must have had
your scarf somewhere about her? - I don't know that she was
murdered.
Your scarf was round her neck. If she was murdered that afternoon
she must have had it somewhere about her for the murderer to have
put it round her neck? - I don’t know, sir.
Mr. Hutchinson (re-examining : Why did you sign the statement? -
Because the officers said it would finish their case and they were
going back to London.
This concluded Whiting’s evidence and he returned to the dock.
Henry Allen, a general labourer, of Margaret Street, Folkestone said
he had known Phyllis Minter by sight for eight years.
Mr. Hutchinson : It is suggested that she was murdered on May 23rd?
- I saw her on May 24th at 9.30 p.m.
Allen said he fixed the date because on Tuesdays he looked after his
children while his wife went to the pictures. She had just returned,
and he had just come out. He was walking with Brooks in Margaret
Street when they saw Phyllis. She was walking on the other side of
the road smoking a cigarette. Allen continued “My friend whistled to
her. She walked towards us, and I told my friend I did not want to
be seen talking to her. I made a statement to the police on June
2nd”. Phyllis, he added, was a familiar figure about the streets of
Folkestone. He saw her about practically every day.
John Joseph Brooks, a labourer, and lodger at Allen’s address, said
he was with Allen when they saw Phyllis Minter. He knew Phyllis by
sight by going in and out of public houses. Brooks added “I was
going to speak to her and my landlord said ‘Don’t speak to her. If
my missus comes along there will be a row'”. He did not go of his
own accord to the police. They sent for him.
Mrs. Ella Hall, of Station Cottages, Folkestone, wife of a station
porter at Folkestone Junction, said she saw Phyllis on May 24th or
25th when witness was going by bus to Sainsbury’s shop in Sandgate
Road. Mrs. Hall said she knew that it was on the Tuesday or
Wednesday that she saw Phyllis because she did not go into the town
for meat on Mondays. She saw Phyllis talking to two men. Mrs. Hall
said she knew her because she worked with her six or seven years. “I
have no doubt that this girl was Phyllis Minter”, she said. “She
said ‘Hello’ to me as I passed her, and I said ‘Hello’ back”.
Mr. Justice Wrottesley: How do you know it was not the Tuesday or
Wednesday of the week before?
Mrs. Hall: Because it would be too far back.
Edward Marwood, a newsvendor, of Tontine Street, Folkestone, who
made a statement to the police on May 29th, described how he saw
Phyllis on the Sunday, Monday and Wednesday of the previous week,
between the 23rd and 24th. On Wednesday, he said, he was walking up
the “Milky Way” towards the “Bulldog steps ” when he saw her. He had
known Phyllis for years and fixed the time because he was going
to the Labour Exchange to sign on. He went to the .Exchange on
Mondays, Wednesdays and Fridays and on Mondays he did not go that
way.
Marwood continued that he saw Phyllis on the Monday previous also,
about 11 a.m. in Tontine Street when she was talking to a big, stout
woman. She was not wearing a hat.
Mr. St. John Hutchinson: Did you see her the day before, on the
Sunday?
Marwood replied he saw Phyllis between 9.30 and 10 a.m. She came
over to West Terrace where he was selling papers and asked to be
directed to a bus office because, she said, she was going to Margate
to work.
John Henry Turner, of Millbay, Folkestone, another newsvendor, said
he saw Phyllis Minter twice on the Wednesday morning.
Lucille Georgina Godden, a waitress, of Bridge Street, Folkestone,
who said she had known Phyllis nearly all her life, described how
she and a friend saw her in the Alexandra public house on the Sunday
evening. A little girl called Phyllis out of the public house. She
returned, borrowed the telephone book from the proprietor and said
she had had a call from someone she did not know. Miss Godden said
she next saw Phyllis on the Wednesday night between 10.30 and 11
o’clock in the Dover Road on the pillion seat of a motorcycle. She
was dressed in a blue coat and a green scarf. She had no hat. The
machine was driven by a medium aged man in a light raincoat.
Answering Mr. Oliver, Miss Godden said she was certain it was
Phyllis.
Mr. Oliver: Do you know that when the body was found it was already
decomposing?
Miss Godden repeated that she was certain she saw Phyllis. She saw
her face in the light of a street lamp. She did not put it in her
statement about the scarf because she was not asked about that. Miss
Godden was shown a scarf and in answer to the Judge said that was
not the scarf Phyllis was wearing on the two occasions she saw her.
The scarf in Court was of a darker shade.
Lilian Beasley, of Marshall Street, Folkestone, said that while with
Miss Godden she saw Phyllis in the public house on the Sunday and a
girl on a motor cycle on the Wednesday. Miss Godden told her it was
Phyllis. Witness saw the colour of her hair and her coat but could
not see her face.
Charles Butler, a fisherman, St. John’s Street, Folkestone, who said
he had known Phyllis since she was three or four, said he saw her in
Tontine Street on the night of May 24th or 25th. It was recalled to
his mind directly he saw her photograph. Witness added: “She was
talking to a soldier about 6 feet tall and they appeared to be
quarrelling. The man was in mufti but I know he was a soldier. She
looked as if she was on the point of crying”.
Richard Brazier a platelayer, also of St. John s Street, said on May
24th he saw a man and woman standing on the kerb “having a row”. He
was a tall man.
George Robert Neville, a motor driver, of Dudley Road, Folkestone,
said he saw Phyllis, whom he had known about seven or eight years,
on May 25th, in a street near the Harbour. The woman looked as if
she had been sleeping out. She was dirty and tired looking, as if
she had not washed.
Hilda Miller, a shop assistant at Woolworth’s, Folkestone, said she
knew Phyllis Spiers by sight. On May 25th she came to the shop
accompanied by a woman who bought a roll of grease-proof paper.
Phyllis was wearing a navy bluecoat, a blue-green dress and a green
scarf. She had also seen her the day before. The woman with her was
not Mrs. Wright.
Mr. Oliver: Mrs. Wright pointed you out in the street as the girl
from whom she bought something on the 23rd and you said you hadn’t
sold her anything? - Yes.
When did you first hear this gin had a green scarf round her neck? -
When I read it in the paper.
Do you think you imagined the green scarf? - No.
Do you know anyone in the world who saw her in a green scarf? - No.
How well do you know her? - Very well, but not to talk to.
Have you ever seen her with a green scarf before? - No. I had not
seen her for two or three years.
If Mrs. Wright bought paper May 23rd she would come to your counter?
- Yes.
Mr. Hutchinson: Was there anything which drew your particular
attention to this girl? - I noticed her hair had been dyed.
Have you any doubt it was Phyllis you saw? - No.
Have you a fiancé, a police officer? - Yes, sir.
Did you mention it to him?
Mr. Oliver objected to the question, and the witness did not answer
it.
William Knott, a labourer, of New Street, Folkestone, said he was in
the public house at the time of the incident spoken to by
Weatherhead, but he did not hear any threats by Whiting.
Mr. Oliver: Was there a lot of noise that night? - Not particularly,
it was a bit jangly.
In his address to the Jury, Mr. St. John Hutchinson submitted that
there was not enough evidence to prove that the girl was killed on
May 23rd, and if they came to that conclusion, it was their duty to
acquit. Criticising the action of the police regarding Whiting’s
alleged statement he said “I hope it will go forth that the police
should not take statements like this from a man of this character
after questioning him for five hours without food.” He said that it
was a very evil day when in a crime like murder, they could take a
man, shut him up for hours and cross-examine him, without his being
able to write his own statement, to try to make a motive. It was
wrong for officers to cross- examine a man of Whiting’s mentality at
10.30 or 11 o’clock at night, without protection.
Mr. Oliver, replying for the prosecution, referred to the witnesses
for the defence who stated that they saw Mrs. Spiers after May 23rd.
He said he was not suggesting that they came to say what was untrue
but that they were genuinely mistaken as to the date.
'
When the trial started no one knew it was Whiting’s scarf. It was a
terrible fact. It involved that somehow or other it passed to the
possession of the man who murdered her. It was said a man must not
be convicted because he told lies, but if a man lied on a vital
matter did it not destroy his evidence? Whiting had previously
denied emphatically that the scarf was his. “If you seek to pass
criticism on the police with regard to the statement”, said Mr.
Oliver, “You will remember their duty. Here was a brutal murder and
for the protection of all of us they had to find out who did it. Can
you believe that two experienced police officers could have been
guilty of a tithe of what Whiting alleged against them? If he had
not invented it would not these officers have been asked about it
when they were in the witness box?”
The Judge, summing up, said there were certain facts that had not
been disputed and these formed an admitted background as to which
the Jury need not concern themselves. It was clear that Phyllis
Spiers was first battered, possibly into insensibility, and then
strangled. It was clear that this happened near the place where the
body was found. It was clear that she was dragged to a comparatively
open glade through the gap in the hedge into some bushes. She met
her death sometime between the early afternoon of May 23rd and May
26th when her body was found. How long before May 26th was in
dispute. It was clear that she was alone in the company of the
accused man nn May 23rd and that they were going in the direction of
the spot where she was murdered. How came these two together? Was
there anything in the relationship of the dead woman and the accused
which might explain the murder? They knew he had lived with Rose
Woodbridge until November, 1937, that he was very much attached to
her and that when she left him it was to his great sorrow. If the
jury accepted Ills signed statements - and these were challenged -
he had said he disapproved of Rose meeting Phyllis at one time, and
that Phyllis was the cause of trouble between him and Rose. Accused
now denied that, and said in the witness box that that statement was
put in his mouth by the police. They had heard the evidence of Sir
Bernard Spilsbury, probably the most experienced man in these
matters in the country, and he was of opinion that she had been dead
approximately for three days when she was found. It was fair to sum
up his opinion, said the Judge, by saying that Sir Bernard thought
three days the most probable date; four days the next probable, and
then two days in order of probability, and he thought they could
rule out the probability of one day. If the case rested merely on
suspicion that Whiting had the opportunity of murdering the girl it
would be far from enough, but it led them to look into the matter
further, and the other evidence. If accused did murder the girl on
the afternoon of May 23rd, the Jury might expect to find, and might
well ask, whether anything of his was found near the body. First and
foremost there was the green scarf found tied tightly round her
neck. Where did it come from? At one stage of the trial it seemed to
be suggested it was not Whiting’s property at all. He had told the
police he had never seen it before. Two or three days ago he decided
to abandon that denial and admit that the scarf was his. He now said
that he had given it to the girl on May 20th. The Judge referred to
the finding of a purse in Whiting's pocket resembling one which Mrs.
Spiers had had. Dealing with the difficulty which the murderer would
have in dragging the body through the gap, the Judge said that in
the urgency of the moment, he would probably not notice some barbed
wire. He might well tear his coat in doing so, and Whiting’s coat
was torn. Whiting said he had done it while mushrooming. By itself,
continued the Judge, the tear was not of much value. But it was a
remarkable coincidence, and things were accumulating. There was the
green scarf, the purse and a tear-mark, which would correspond with
the crime as it was reconstructed. Another coincidence was the
finding of a human hair resembling that of Whiting’s on a post in
the gap. Science, said the Judge, had not yet, he understood,
reached the pitch when it could be said with certainty that a hair
found “is my hair”. The most that could be said was that “It was
similar to my hair or your hair”. The girl, continued the Judge,
disappeared from everyone’s view until the following day, when it
was said by a number of witnesses for the defence that she was seen.
“I could not recall any evidence that she was known to have slept
anywhere indoors or to have sought shelter”, he added. Referring to
the evidence of Florence Thompson, the Judge continued, “I think we
are apt to be censorious about people going to public houses. There
is clearly nothing-wrong about people going to one, two or three
public houses. On the other hand the memory of such people may not
be so valuable as people who have not had drinks”. The Judge advised
the Jury to be careful of Weatherhead’s evidence in which he said
Whiting had remarked “I will serve you the same as blondie”. “This
was at a time’’, said the Judge, “when everyone knew that this girl
was murdered, and it would not take very much for that sentence to
have been ‘I will serve you the same as the blondie was served’. I
should not attach too much importance to that evidence although it
has been said that truth sometimes does come out when a man is in
his cups”. By itself the evidence of Flynn was of no value but with
the other the Jury might think that it did something to bear out
some of the things in accused’s original written statement. The
Judge then referred to the third degree which had been mentioned in
that case. “Third degree is rather a dangerous word to use. We have
probably read something about it - of prisoners being locked up,
hurt and damaged, and awakened in the middle of the night. That is
not the kind of thing suggested here. What is said is that the first
statement took a very long time - from 10 p.m. to 2 a.m. That was
recorded in the statement. A statement might take a long time when
you have a not very clever man to deal with. Because it takes a long
time it does not follow that it is untruthful. You have to remember
that when one of us - a member of society - is found dead, it is the
duty of the police to pursue their investigations with efficiency
and rapidity. Close questioning is not a dangerous ordeal to an
innocent person and it will not have escaped you that in the course
of this trial a great many innocent persons have had to be closely
questioned. The detection of crime - particularly serious crime - is
more likely to be successful if the police work rapidly and do not
let the grass grow under their feet”. What was most strongly relied
on by the defence was the evidence of witnesses who said they had
seen Mrs. Spiers after the time the Crown said she was killed. After
having been in accused’s company on May 23rd she disappeared. No one
could say where she slept or bought any food afterwards. The Jury
must remember, he said, that she had no settled home and she was a
bird of passage, here today and gone tomorrow. They must also
remember these witnesses were found by the police themselves and
honestly believed what they saw. The Crown, he continued, said it
was a case of people making a mistake, as people did, when asked to
recall when they had last seen a person whom they did not know very
well. But if the Jury thought only one of these witnesses was not
making a mistake and that the girl was seen alive after May 23rd,
they had no choice but to find Whiting not guilty. Mr. Justice
Wrottesley said he had prepared a time table showing the days and
times when these witnesses said they saw her. In some cases their
evidence might be open to criticism on the ground that they had made
a mistake in identity, in others that they had got the wrong date.
The jury would not attach too much importance to the accused's
alleged statements. They would give their attention to more serious
and weighty matters. At the same time they had got to remember that
if in any way they fell short of satisfying themselves beyond
reasonable doubt that this man committed the murder on Monday they
had to find him Not Guilty at that stage. If they did not accept the
story that he gave this young woman that scarf there was serious
material there which might lead them to bring in a verdict of
Guilty, putting aside, for the moment, the other evidence. Regarding
the bulk of the evidence of the people who said they saw Phyllis
Minter on the Tuesday and Wednesday, the evidence that the young
woman was seen on Tuesday would probably occur to the jury as being
more likely than the evidence of the two young women who said they
saw her as late as 10.30 p.m. on Wednesday. But if the Jury accepted
the evidence of even one of those persons who said they saw her on
Tuesday or Wednesday there would be a doubt which should lead them
to find the man Not Guilty, because it was tantamount to destroying
the whole fabric of the case. It was not necessary for the defence
to establish to their satisfaction that accused did not do it. The
Judge continued “Persons will in this country, I am afraid - I am
not afraid, indeed I am glad - will continue to be found not guilty
of a crime which very likely they did because it cannot be proved
against them. It is far more important that there should be no risk
of a person who is not guilty being found guilty. So let my last
words be for you to consider whether, apart from the people who saw
this young woman alive, the prosecution’s case is enough to justify
you saying whether you are really certain that this man did it. If
you get as far as that you must consider the numerous body of
evidence that this young woman was not dead when the prosecution say
she was and if there survives anyone whom you believe was right that
the girl was alive, then clearly on that ground alone you shall say
Not Guilty.
As stated, the Jury returned a verdict of Not Guilty.
|
Folkestone Express 24 September 1938.
Local News.
The Folkestone murder trial at the Old Bailey, occupying four days
last week, ended on Friday with the jury returning a verdict of “Not
Guilty’’ against William Whiting (38), the Folkestone labourer, who
was charged with the murder of Mrs. Phyllis May Spiers, (22), a
Folkestone woman. Mrs. Spiers was found strangled at the foot of
Caesar’s Camp on May 26th, and the prosecution alleged that the
crime had been committed on May 23rd.
All the evidence and the closing Speeches of counsel had been given
by the time the Court rose on Thursday evening, and this only left
the summing up of Mr. Justice Wrottesley, who had heard the case,
and the consideration by the jury of their verdict on Friday. The
summing up occupied nearly two hours, and the jury were absent for
about two hours and twenty minutes in arriving at their decision.
When the foreman announced that their verdict was “Not Guilty”,
there was applause in the Court, but it was immediately subdued, and
after Whiting had been discharged and left the dock, some of the
women witnesses kissed him, while some of the men congratulated him
and shook him by the hand.
Mr. Roland Oliver, K.C., and Mr. B.H Waddy appeared on behalf of the
Crown to prosecute, and Mr. St. J. Hutchison, K.C., and Mr. J.
Stuart Daniel (instructed by Mr. Lloyd Bunce, of Folkestone) were
tor the defence.
The Judge, in the course of his summing up, said certain facts had
not been disputed, and these formed an admitted background over
which the jury need not concern themselves. Phyllis Spiers was
undoubtedly first battered, possibly into insensibility, and then
strangled. It was clear that this happened near the place where the
body was found. It was also clear that she was dragged to a
comparatively open glade through the gap in the hedge into some
bushes. She met her death sometime between the early afternoon of
May 23rd and May 26th, when her body was found. How long before May
26th was in dispute. It was clear that she was alive in the company
of the accused man on May 23rd, and that they were going in the
direction of the place of the murder. How came those two together?
Was there anything in the relationship of the dead woman and the
accused which might explain the murder? They knew he had lived with
Rose Woodbridge until November, 1937, that he was very much attached
to her and that when she left him it was to his great sorrow. If the
jury accepted his signed statements - and these were challenged by
the defence - he said he disapproved of Rose meeting Phyllis at one
time, and that Phyllis was the cause of trouble between him and
Rose. Accused now denied that, arid he said in the witness box that
that statement was put in his mouth by the police. They had heard
the evidence of Sir Bernard Spilsbury, probably the most experienced
man in these matters in the country, and he was of opinion that she
had been dead approximately for three days when she was found. It
was fair to sum up his opinion, said the Judge, by saying that Sir
Bernard thought three days the most probable date; four days the
next probable, and then two days in order of probability, and he
thought they could rule out the probability of one day. If the case
rested merely on suspicion that Whiting had the opportunity of
murdering the girl, it would be far from enough, but it led them to
look into the matter further, and the other evidence. If Whiting
murdered the girl on the afternoon of May 23rd, the jury might well
ask themselves whether anything of his was found near the body.
First and foremost there was the green scarf found tied tightly
round her neck. Where did it come from? At one stage of the trial it
seemed to be suggested it was not Whiting’s property at all. He told
the police he had never seen it before. Two or three days ago he
decided to abandon that denial, and admit that the scarf was his. He
now said that he had given it to the girl an May 20th. A purse was
found in WliitingTs pocket and this, the Judge said, resembled one
which Mrs. Spiers had had. Mr. Justice Wrottesley then proceeded to
refer to the difficulty which the murderer would have in dragging
the body through the gap, and said in the urgency of the moment he
would probably not notice some barbed wire. He might well tear his
coat in doing so, and Whiting’s coat was torn. Whiting said he had
done it while mushrooming. By itself the tear in his coat was not of
much, value. But it was a remarkable coincidence, and things were
accumulating. There was the green scarf, the purse and a tear-mark,
which would correspond with the crime as it was reconstructed.
Another coincidence was the finding of a human hair resembling that
of Whiting's on a post in the gap. Science had not yet reached the
pitch when it could be said with certainty that a hair found “is my
hair”. The most that could be said was that “It is similar to my
hair or your hair”. The Judge then commented upon the evidence given
by Mrs. Thompson, Weatherhead and Mrs. Flynn. With regard to that of
Weatherhead, he suggested that the jury would not attach too much
importance to it when he said that Whiting had said to him “I will
serve you the same as the blondie was served”, although it had been
said that truth sometimes did come out when a man was in his cups.
Regarding the questions of the defending counsel concerning “Third
degree”, Mr, Justice Wrottesley said “'Third degree ‘ is rather a
dangerous word to use. We have probably read something about
prisoners being locked up, hurt and damaged, and woke up in the
middle of the night. That is not the kind of thing suggested here.
What is said is that the first statement took a very long time, from
10 p.m. to 2 a.m. That is recorded on the statement. A statement may
take a long time when you have not a clever man to deal with, but
because it takes a long time it does not follow that it is
untruthful”. The judge, continuing, said what was most strongly
relied on hy the defence was the evidence of the witnesses who said
they had seen Mrs. Spiers after the time the Crown said she was
killed. After being in Whiting’s company on May 23rd she
disappeared. No one could say where she slept or bought any food
afterwards. The jury must remember that she had no settled home. She
was a bird of passage, here today and gone tomorrow. They must also
remember that these witnesses were found by the police themselves
and honestly believed what they saw. The Crown said it was the case
of people making a mistake, as people did when asked to recall when
they last saw a person they did not know very well. But if the jury
thought only one of these witnesses was not making a mistake, and
that the girl was seen alive after May 23rd, they had no choice but
to find Whiting not guilty. He had prepared a time-table showing the
days and times when those witnesses said they saw the girl. In some
cases their evidence might be open to criticism on the ground that
they had made a mistake in identity; in other cases that they had
got the wrong date.
The jury would not attach too much importance, he was sure, to the
accused’s alleged statements, but they would give their attention to
more serious and weighty questions. At the same time they had got to
remember that if in any way they fell short of satisfying themselves
beyond reasonable doubt that this man committed the murder on Monday
they had to find him not guilty at that stage. If they did not
accept the story that he gave this young woman that scarf there was
serious material there which might lead them to bring in a verdict
of guilty, putting aside, for the moment, the other evidence.
Concerning the bulk of the evidence of the people who said they saw
Phyllis Minter on the Tuesday and Wednesday, the evidence that the
young woman was seen on Tuesday would probably occur to the jury as
being more likely than the evidence of the two young women who said
they saw her as late as 10.30 p.m. on Wednesday.
If the jury accepted the evidence of even one of those persons who
said they saw her on Tuesday or Wednesday there would he a doubt
which should lead them to find the man not guilty, because it was
tantamount to destroying the whole fabric of the case. It was not
necessary for the defence to establish to their satisfaction that
the accused did not do it.
The jury returned the verdict of “Not guilty ’’ as stated earlier.
|
Folkestone Herald 5 November 1938.
Local News.
The inquest on Mrs. Phyllis May Spiers, 21 years old Folkestone
woman, who was found strangled with a green scarf at the foot of the
hills, near Caesar’s Camp, Folkestone, on May 26th last, had been
adjourned to last Monday, but the Borough Coroner (Mr. G.W. Haines)
decided to close the enquiry without taking any further evidence.
Acting in accordance with section 20 of the Coroners’ Amendment Act,
1928, Mr. Haines forwarded to the Registrar, as required, a
certificate as to the cause of death (strangulation).
He told a Folkestone Herald representative that he was not bound to
record a verdict.
Members of the jury and witnesses were informed beforehand that they
need not attend at the Town Hall on Monday afternoon for the
adjourned inquest.
|
Folkestone Herald 4 January 1941.
Local News.
On Wednesday the Folkestone Magistrates agreed to the transfer of
the licences of three public houses from the tenants to Mr. R. P.
Rawlings, Managing Director of Messrs. Mackeson and Company, Ltd.,
Hythe Brewery.
The houses concerned were the South Foreland, licensee, Mr. F.
Jordan; the Alexandra, licensee, Mr. F May; and the True Briton,
licensee, Mr. D. Martin.
Agreeing to the transfer of his licence, Mr. Jordan said he was
doing so providing that when it was renewed he would have an
opportunity of taking possession again.
Mr May said the same, adding that under the present circumstances
the Brewery were welcome to the licence. It was stated that Mr. May
had been provided with another licensed house.
Mr. Hebden Phillips, of Hythe Brewery, told the Magistrates that all
the applications would come before them again some time. The Brewery
Company, he said, hoped to re-open all the houses and the tenants
would be able to make application for the licences again. Everything
was "all fair and Square"; it was done by arrangement with the
tenants.
The Magistrates fixed Wednesday, February 12th as the date for the
annual licensing sessions.
Note: These transfers are not listed in More Bastions.
|
Folkestone Herald 16 July 1949.
Local News.
Orders for the special removal of full licences from derelict public
houses in the Harbour district to hotels in the centre of the town
were approved at the Folkestone Transfer Sessions on Wednesday. All
the licences had been in suspense.
The licence of the South Foreland, Seagate Street, was removed to
the Clifton Hotel, Clifton Gardens; the licence of the Alexandra
Hotel, Harbour Street, to the Carlton Hotel; and the licence of the
Royal Oak Inn, North Street, to the Central Hotel, Radnor Park Road.
Mr. W.J. Mason, applying for the removal of the full licence from
the Royal Oak to the Central Hotel, said it had been in suspense.
Application had been made to the Licensing Planning Committee and
subsequently arrangements were made with Messrs. Fremlins for the
purchase of the full licence, subject to it being transferred in
accordance with the Order made by the Planning Minister under
licensing planning removals. Plans for alterations to the Central
Hotel had been approved.
The Clerk (Mr. C. Rootes) said the order for the removal had been
approved by the Ministry.
Mr. Walter Bateman, manager of the Central Hotel, said it was hoped
that the alterations to the building would be completed by the end
of the month. It was intended to use the licence in the hotel until
the building work had been completed.
|
From an email received on 1 September 2010
A military colleague of my Great(*3) Grandfather was the proprietor of
"The Alexandria Hotel" from at least 1911 until his death there on 26th
July 1915. His name was John Edwards Barber (b June 1852 in Norwich). He
had previously been a Sgt Major in the Army (1867–93 4th
Queens Own Hussars and Bucks Yeomanry).
My Gt(*3) Grandfather Bernard Curran was a Sgt in
the 4th Hussars with him. J E Barber married Bernard's sister
(Catherine Ellen Curran) in 1882. She died in 1900 and he re-married
Mary Anne Butler (who was at The Alexandria with him).
Prior to going to Kent he had been the licensee of
the “Brazen Serpent PH” in Bermondsey which had previously been run by
my Great(*3) Grandfather until his death in 1899.
It was, I believe quite frequent for Army
Pensioners to set up running pubs/hotels after their military career was
over.
Best wishes,
Chris Formaggia.
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From an email received on 4 October 2010
My grandad was Frank May, he was a veteran of the Boer War and
re-enlisted for WW1 in 1914.
His pub history is as follows:-
In 1913 he was noted in the Post Office directory as a beer retailer
in Bethersden and understand from Kevan at deadpubs that this was the
Royal Standard Ashford Road Bethersden.
In 1919 on demob his army records show his wife Agnes was at the Lord
Nelson Radnor Street Folkestone.
In 1934 and 1938 as recorded in the directories he was at the
"Alexandra Hotel," 9 Harbour Street Folkestone. He was in the pub during
the war years and was bombed out, perhaps this was when the licence was
suspended in 1943, as he did not have serviceable premises. He died in
March 1949 so perhaps his licence continued with someone else?
He was an army pensioner from the Boer War and served with the Duke
of Wellington's West Riding Regiment recruited in Dover. During WW1 he
served with the (Buffs) Royal West Kent Regiment the Royal Defence Corps
and the Military Provost Staff Corps. The latter role involved looking
after German prisoners of war. My mother told me that owing to the flu
epidemic in 1918/19 prisoners would help around the home as so many
people were laid up.
I attach a picture taken during my grandads ownership so say between
1934 and 1943 when the bomb struck. I understand that grandad was
trapped in the rubble for some time before he was dug out, I had also
understood that bar staff were killed but can find no record amongst the
war casualties, perhaps it was reported in the papers.
Kind regards Peter Russell.
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LICENSEE LIST
SPURRIER Charles 1866-75+
SPURRIER Caroline 1875-80
(married Campbell)
CAMPBELL Caroline 1880+
CAMPBELL Alexander 1891-92
BRICE John 1892-94
BRICE Mary 1894-95
HERTSIEL Bernard 1895-97
TRAPNELL Edwin A 1897-99
THORPE Arthur 1899-1900
BARNES Walter 1900-03
BARBER John 1903-15 dec'd
BARBER Mary 1915-18
STIFF Harry 1918-20
TAYLOR William 1920-21
TAPSELL Charles Henry 1921-1923
FORTUNE John 1923-30
BISHOP Stanley 1930-31
ALLWOOD Frank 1931-33
MAY Frank F 1933-40
http://evenmoretales.blogspot.co.uk/Alexandra-Hotel
From the Post Office Directory 1874
From the Post Office Directory 1891
From the Kelly's Directory 1899
From the Post Office Directory 1922
From the Kelly's Directory 1934
From the Post Office Directory 1938
From More Bastions of the Bar by Easdown and Rooney
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