25 Bouverie Road East
25 Middleburg Square
Folkestone
Hotel showing Bob and Joan Lord circa 1969, kindly supplied by Peter Lord. |
Above photo circa 1969. |
Above photograph kindly supplied by Jan Pedersen, 1978. |
From an email received 21 May 2016.
Above photo, 1980, kindly supplied by Mike Dale.
Hi,
I find your list of pubs very intriguing and coming across the "Bouverie
Hotel" brought back many memories because I lived just around the corner
in Bouverie Square - three houses along from the corner [1946 -1958] I
must have walked passed this pub many thousands of times on the way to
school [St Eanswyths ] or to the shops and cinemas and also Gales Café
seen in the attached picture which I took in 1980. Gales was a meeting
place for many of my friends in the few years before we were old enough
to go in pubs. I rarely went in the "Bouverie" though but my Dad did
when he would "pop round the corner for a quick one."
The arch would have been to accommodate coaches and indeed there were
stables behind the pub. They backed on to my back garden and as a kid I
would climb up and "talk" to the horses through an open window. The
Horses were owned by a milk company that was still delivering by horse
and cart early fifties. I believe horse drawn coaches may have
terminated there and travellers perhaps stayed in the Hotel. I wonder
what those folks would have thought of the bus station built around the
corner.
|
Above photo kindly sent by Chris Excell, 5 June 1983. |
Built and opened in 1867 as the "Albion
Tavern" the name changed to the "Bouverie Hotel" in 1880.
Licensee Wilhelm Henri Hoclckenbühn was convicted for
allowing billiards to be played after closing time on 7th February 1891 and
on 27th February the following year was charged again, this time for selling
intoxicating liquor outside of licensing hours, and this time was fined 50s.
with 11s. costs.
There appeared to be a huge turnover of licensees in
the early years of this establishment till Joseph Percival Lord acquired the
premises in 1929, staying there 39 years till handing it over to his son,
Robert Lord in 1968. He continued to run the business for another 14 years
till 1982.
The premises used to be supplied by Whitbread and had
two bars, one public and one saloon.
Four years after Robert Lord relinquished the license
to David Bumpstead and Noel Kebbel the name was changed once again, this
time to the "Victoria
Hotel." Unfortunately the hotel lasted under this name till the year
2000 when it closed in June and was demolished the year after.
From an email sent 2 October 2011.
Hallo!
I am Peter Robert Lord, son of Robert Percival Lord and grandson or
Joseph Percival Lord. My forbears ran the pub for just over half the
20th Century. My granddad Percy and dad Robert formed a partnership, and
were joint landlords (as far as I know) from about 1948, when Percy was
65.
I think the address was 25 Bouverie Road East.
Then it became something Middelburg Square.
I attach some photos, which may be of interest.
Above photo shows landlord Joseph Percival Lord and friends at a local shoot
circa 1930. The boy is Robert and next to him the tall man on his right
is Joseph.
Caption by Peter Lord reads:- "Landlord Percy Lord and friends
prepare to meet the Tax Inspector." Grandad was always Percy,
or the old man, never Joseph.
Robert Percival Lord as his happy self, 1995.
An outing to London for the darts club at the Bouverie Hotel, 1950.
Dad 4th from left. Wilf Armory (later Folkestone FC manager) 10th from
right.
Getting ready to fill it up! Joan Lord with the Kent Senior Cup at
the Bouverie Hotel 1979. Won by Folkestone FC. Caption by Peter Lord:-
"Bob Lord asked Father Christmas for A Trophy Wife. But Father
Christmas misheard…
Above photo, (Dad's mother, my grandmother, died when he was 3
months). Miss Osgood, centre, cared for him till her own death when Dad
was 4. This must be about 1925. His sisters, Drena and Joyce are in the
picture as well.
Bouverie Golden Jubilee celebrations 1979. Wilf Armory is front left,
Frank Yeo is front right.
Regards
Peter Robert Lord. |
Folkestone Chronicle 24 December 1881.
Wednesday, December 21st: Before The Mayor, Col. De Crespigny, Capt.
Carter, Alds. Caister and Sherwood, J. Holden esq., and Mr. Fitness.
The license of the Bouverie Hotel was transferred from Mr. Hammond
to Mr. Byron.
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Folkestone Express 24 December 1881.
Wednesday, December 21st: Before The Mayor, Colonel De Crespigny,
Captain Carter, Aldermen Caister and Sherwood, J. Holden and J.
Fitness Esqs.
The license of the Bouverie Hotel was transferred from Mr. Hammond
to Mr. Bryan.
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Folkestone News 26 April 1884.
Local News.
An interesting presentation of a cruet stand was made on Thursday
evening at the Bouverie Hotel to Mr. Adams, who by his courteous
attention and general regard for the comfort of the gentlemen who
frequent the billiard room, had merited their appreciation and good
wishes.
Note: Who was Mr. Adams? He does not appear on the list of licensees
in More Bastions.
|
Folkestone Express 3 January 1885.
Saturday, December 28th: Before General Armstrong C.B., Aldermen
Banks and Hoad, and F. Boykett Esq.
Anderson Leman, Sidney Wilson, and William Henry Wilson were
summoned for being drunk on licenced premises, the Bouverie Hotel,
on the 23rd December. The last named defendant did not appear.
Alfred Adams, manager at the house, said the defendants went to the
house about two minutes to eleven on the night of the 23rd. At
eleven o'clock he told the waiter to clear the house. After a short
time he returned and said the defendants refused to go. He went
himself and requested them to go, and as they refused he sent for
the police. It was twenty five minutes past eleven when they left.
Corroborative evidence was given by the waiter, and by Sergt.
Ovenden and a police constable.
The defendants were each fined 10s. and 11s. costs and a warrant was
granted for the apprehension of the one who did not answer to the
summons.
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Folkestone Express 24 January 1885.
Notice.
The Bankruptcy Act, 1883.
In Bankruptcy.
Notice is hereby given that on a petition dated the 23rd day of
December, 1884, a receiving order against ELIJAH REDGRAVE the
Younger, of the Bouverie Hotel, Folkestone, Kent, Licensed
Victualler, was made by the County Court of Kent, holden at
Canterbury, on the 16th day of January, 1885.
The first meeting of creditors will be held at 73, Sandgate Road,
Folkestone, on the 29th January, 1885, at 3 o'clock.
Proofs of debt to be used at such meeting must be lodged with me on
or before the 27th day of January, 1885. Proxies must be lodged by
the 28th day of January, 1885.
The public examination of the debtor is to be held on the 30th day
of January, 1885, at 11 o'clock in the forenoon at the Guildhall,
Canterbury.
LESLIE CREERY,
Official Receiver.
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Folkestone Express 7 February 1885.
District Court of Bankruptcy.
A sitting of this Court was held on Friday at the Guildhall,
Canterbury, the Registrar (Walter Furley Esq.) presiding.
Elijah Redgrave, formerly of the Bouverie Hotel, Folkestone, did not
appear.
The Official Receiver stated that the debtor appeared to have
absconded. There was no evidence of that on the file, but he had not
been seen since the petition was filed. No statement of affairs had
been filed, but the bankrupt appeared to owe about £300.
The examination was adjourned sine die.
(Without a day.)
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Folkestone Express 21 February 1885.
Notice.
The Bankruptcy Act, 1883.
At the County Court of Kent, at Canterbury.
In Bankruptcy No. 35 of 1884.
Re. ELIJAH REDGRAVE the Younger, of the Bouverie Hotel, Folkestone,
Kent, Licensed Victualler.
I, John Banks, of 73, Sandgate Road, Folkestone, Auctioneer, hereby
give notice that I have been duly appointed and certified by the
Board of Trade as Trustee of the Estate of the above-named bankrupt.
All persons having in their possession any of the effects of the
Bankrupt must deliver them up to me, and all debts due to the
Bankrupt must be paid to me.
Creditors who have not yet proved their debts must forward their
Proofs of Debt to me.
JOHN BANKS.
Dated 17th February, 1885.
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Folkestone Chronicle 7 March 1885.
Bankrupt.
A sitting of the District Bankruptcy Court was held at the Guildhall
on Friday, the Registrar (Mr. Walter Furley) presiding. The public
examination of Elijah Redgrave jun., of the Bouverie Hotel, was
proceeded with. The Official Receiver said the bankrupt did not
attend the first meeting of the creditors, he having absconded. He
was then adjudicated a bankrupt. He again failed to appear at the
examination fixed for last week.
Replying to interrogatories, the bankrupt said he came to Folkestone
in the latter end of 1883. Prior to that he was engaged in business
at Kingston-on-Thames as a fruiterer and greengrocer. He did not
appear at the public examination arranged for last week as he
arrived at Canterbury too late.
The Official Receiver said the statement of affairs showed unsecured
creditors, £1,427 4s. 5d. The assets were: Stock in trade at the
Bouverie Hotel. Estimated to produce £300, book debts £14 4s. 1d.,
cash at banker's £25 3s. 4d., household furniture &c., estimated to
produce £800, making in all £1,139 7s. 4d. Preferential claims
amounted to £117 5s. 9d., leaving net assets £1,022 1s. 8d., to pay
£1,427 4s. 5d.
The debtor, further examined, said that when he commenced business
at the Bouverie Hotel, Folkestone, he had £700 or £800 of his wife's
money. The valuation (£808) was paid out of that, and he gave his
wife a note of hand as security. After everything was paid he had
about £80 to go on with. He now owed his wife £889 13s. He was
married to her about ten years ago. The money was left to her under
her father's will, her mother having a life interest.
The Official Receiver: Can you tell me why you absconded?
The Bankrupt: I was in trouble and difficulties. One of my creditors
had issued a writ against me.
The Official Receiver: Where did you go?
The Bankrupt: I went first to Newmarket.
The Official Receiver: Were you betting there?
The Bankrupt replied that he did a little there. He afterwards went
to Paris and did some more betting. He lost £300 from just before
the time he left Kingston-on-Thames, and while at the Bouverie
Hotel, in betting transactions. He might go to five or six race
meetings in a year. He went to Newmarket on the 16th December. He
took about £80 with him. He was away five or six weeks, and lost £50
or £60 in betting. His bets never exceeded £10.
By the Registrar: During the year 1884 he lost about £200 in
betting. It was in November, 1884 that he repaid Mr. Horne £40 which
he had borrowed for betting purposes. He knew that he could not pay
20s. in the £ when he went away. He drew £70 or £80 out of the bank
at that time, and went off with it.
The Registrar: You went away to Paris and enjoyed yourself, and
spent the money belonging to your creditors.
The Official Receiver: You had been on the drink, I suppose?
The Bankrupt: Yes, I was then, but I have not been since. I have not
had the means.
The Registrar: I am not quite satisfied with the case. It might be
necessary to keep the thing open for a time, and I shall adjourn the
case for a month.
Mr. R. Mercer (Canterbury) attended to represent the creditors in
the case.
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Folkestone Express 7 March 1885.
Local News.
A sitting of the District Court of Bankruptcy was held at the
Guildhall, Canterbury, on Friday, the Registrar (Mr. Walter Furley)
presiding.
The public examination of Elijah Redgrave jun., of the Bouverie
Hotel, Folkestone, was proceeded with. The Official Receiver said
the bankrupt did not attend the first meeting of creditors, he
having absconded. He was then adjudicated a bankrupt. He again
failed to appear at the examination fixed for last week.
Replying to interrogatories, the bankrupt said he came to Folkestone
in the latter end of 1883. Prior to that he was engaged in business
at Kingston-on-Thames as a fruiterer and greengrocer. He did not
appear at the public examination arranged for last week. He arrived
at Canterbury too late.
The Official Receiver said the statement of affairs showed unsecured
creditors, £1,427 4s. 6d. The assets were – Stock-in-trade at the
Bouverie Hotel, estimated to produce £300, book debts £14 4s. 1d.,
cash at bankers £25 3s. 4d., household furniture &c., estimated to
produce £800, making in all £1,139 7s. 4d. Preferential claims
amounted to £117 5s. 9d., leaving net assets £1,022 1s. 8d. to pay
£1,427 4s. 6d.
The debtor, further examined, said that when he commenced business
at the Bouverie Hotel, Folkestone, he had £700 or £800 of his wife's
money. The valuation (£808) was paid out of that, and he gave his
wife a note of hand as security. After everything was paid he had
about £80 to go on with. He mow owed his wife £889 13s. He was
married to her about ten years ago. The money was left to her under
her father's will, her mother having a life interest.
The Official Receiver: Can you tell me why you absconded?
The Bankrupt: I was in trouble and difficulties. One of my creditors
had issued a writ against me.
The Official Receiver: Where did you go to?
The Bankrupt: I first went to Newmarket.
The Official Receiver: Were you betting there?
The bankrupt replied that he did a little there. He afterwards went
to Paris and did some more betting. He lost £300 from just before
the time he left Kingston-on-Thames and while at the Bouverie Hotel
in betting transactions. He might go to five or six race meetings in
a year. He went to Newmarket on the 16th December. He took about £80
with him. He was away five or six weeks and lost £50 or £60 in
betting. His bets never exceeded £10.
By the Registrar: During the year 1884 he lost about £200 in
betting. It was in Nov., 1884, that he repaid Mr. Horne £40 which he
had borrowed for betting purposes. He knew that he could not pay
20s. in the £ when he went away. He drew £70 or £80 out of the bank
at that time, and went off with it.
The Registrar: You went away to Paris and enjoyed yourself and spent
the money belonging to your creditors.
The Official Receiver: You have been on the drink, I suppose?
The Bankrupt: Yes, I was then, but I have not been since. I have not
had the means.
The Registrar: I am not quite satisfied with the case. It may be
necessary to keep the thing open for a time, and I shall adjourn the
case for a month.
|
Folkestone Express 4 April 1885.
Local News.
On Friday a sitting of the Canterbury Bankruptcy Court was held at
the Guildhall before Mr. Registrar Furley.
Re. Elijah Redgrave Jun.
The bankrupt, late of the Bouverie Hotel, Folkestone, came up for
further consideration. He was questioned at some length as to the
loss of £300 in betting transactions, and was ultimately allowed to
pass.
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Folkestone Express 11 April 1885.
Auction Advertisement.
By Messrs. Banks and Son.
Re. Elijah Redgrave the Younger, a Bankrupt.
The Bouverie Hotel, Folkestone, Kent.
Auction Sale of very superior household furniture, capital bedding,
two first class cottage pianofortes, carpets, oil paintings,
engravings, china, glass, earthenware, first class fixtures,
excellent billiard table, utensils, and STOCK IN TRADE OF WINES AND
SPIRITS, linen, plated articles, and culinary effects.
Banks and Son will sell by auction on Tuesday, Wednesday and
Thursday, April 21st, 22nd and 23rd, 1885 on the above premises, The
Bouverie Hotel.
All the furniture and fixtures contained in 15 bedrooms, 3 sitting
rooms, bar, billiard room, coffee room, bar parlour and kitchens.
All the capital plated goods, all the linen, all the valuable
paintings and engravings, two first class pianofortes, also all the
stock in trade:
108 doz. Champagne, port, sherry, claret and other wines, Brandy,
Irish and Scotch Whiskeys, and a quantity of liqueurs.
The whole will be described in printed catalogues, and may be had at
1s. each, three days before the days of sale at the Offices of the
Auctioneers, 73, Sandgate Road, Folkestone.
On view Monday, the day before the sale, from 10 to 4 o'clock.
Sale to commence each day at 11 o'clock.
N.B. The Wines and Spirits will be sold on Thursday, the 23rd April,
the last day of the sale.
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Folkestone Express 25 April 1885.
County Court.
Tuesday, April 21st: Before W.L. Selfe Esq.
Re. Elijah Redgrave.
In reply to His Honour as to what had been done in this bankruptcy
case, Mr. Minter said unfortunately they could get no-one to take
the place, and in consequence, instead of there being enough to pay
everybody 20s. in the £, and leave a margin for the wife, there
would not be enough to pay the creditors 10s. in the £. They were
coming before His Honour with a claim by the wife to sell some of
the goods as her private property – picture, furniture &c.
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Folkestone Express 5 September 1885.
Saturday, August 29th: Before The Mayor, Capt. Carter, Alderman
Caister, J. Fitness, J. Clark and J. Holden Esqs.
The licence of the Bouverie Hotel was temporarily transferred to
Lucy Aitken.
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Folkestone Express 17 October 1885.
Notice.
The Bankruptcy Act, 1883.
IN THE COUNTY COURT OF KENT, HOLDEN AT CANTERBURY.
IN BANKRUPTCY, NO. 35 OF 1884.
RE. ELIJAH REDGRAVE, THE YOUNGER.
A Dividend is intended to be declared in the matter of the estate of
Elijah Redgrave, the Younger, late of the Bouverie Hotel,
Folkestone, Kent, Licenced Victualler, a Bankrupt.
All persons who have not proved their debts by the 26th October,
1885, will be excluded.
John Banks, Trustee,
73, Sandgate Road, Folkestone.
Dated this 12th day of October, 1885.
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Folkestone News 1 May 1886.
Wednesday, April 28th:
Transfer was granted as follows: Mrs. Newland, of the Bouverie Hotel.
Note: No mention of Newland in More Bastions. |
Holbein's Visitors' List 1 January 1890.
Quarter Sessions.
Of course the invitations were not couched in precisely the words
“To meet The Recorder”; legal folk love prolixity and mystification
too well for that, but that was what it came to, anyhow, and so at
eleven on Monday morning we assembled, from divers and diverse
motives, at that grand old abomination, the Town Hall. The cry of
“Silence” made whatever is indoors for “the welkin” ring, and then
entered the mace-bearer, followed by the learned Recorder.
Henry Herbert Mealing was charged with stealing two shillings, the
property of W.H. Molckenbuhr.
Mr. Hume Williams, instructed by Mr. John Minter, appeared for the
defence, and asked that the case might be adjourned until the next
Quarter Sessions. The defendant had only been committed on Saturday,
and as the whole case would depend on the cross-examination of the
prosecutor and his witnesses, it had been impossible to prepare the
defence properly. Not only so, but there were material witnesses who
were unable to be present that day, and he therefore asked that the
case might be adjourned and the defendant again admitted to bail.
Mr. Watts, instructed by Mr. A.W. Watts, said that he could not
agree to the adjournment.
The Recorder said that as all the parties resided in the borough he
thought there had been sufficient time for the case to be prepared,
and no sufficient reason had been shown why the trial should not
proceed.
Mr. Hume Williams then asked that any other cases might be taken, so
that he might have an opportunity to confer with his client, Mr.
Minter.
The Recorder assented, but as the Grand Jury had not returned a bill
in the third case, the Court sat in idleness for a considerable
time.
The trial of Henry Mealing was then proceeded with, and occupied a
long time, the witnesses for the prosecution being severely
cross-examined by Mr. Hume Williams.
Mr. W.H. Molckenbuhr, proprietor of the Bouverie Hotel, was the
first witness. He said that on the 10th December he gave defendant a
florin to get 1 lb. of steak and some vegetables. About a week after
he found that the goods had not been paid for. When he came back he
said the steak was a shilling. On the 12th he left prosecutor's
employment without permission. He had since paid for thje steak and
vegetables. In the course of a long and searching examination by Mr.
Hume Williams, the prosecutor admitted that he had charged the
defendant with stealing a sovereign, had searched him, and had
afterwards given him a thrashing. The thrashing was not in
consequence of his stealing, but because of the language used by the
defendant. He would rather not say what the defendant said to him,
but the Recorder remarked that they were not squeamish in that
Court, and the exact words must be repeated. In the course of
further cross-examination the witness contradicted himself in
important parts of his evidence, admitting that the lad was not sent
for the vegetables at the same time as the steak, in fact they were
sent for earlier in the morning, but he “expected” him to pay for
them out of the florin, although he did not tell him to do so. He
did not ask the lad for the change when he said the steak was 1/-,
or at any subsequent period, in fact he forgot all about it. At
great length Mr. Hume Williams took the witness through the whole
matter from beginning to end, and several times read from the
evidence given before the Magistrates to show that the prosecutor
told one story on Saturday and another on Monday. In the course of
this examination it was elicited tht County Court summonses had been
served on the prosecutor for money due to defendant's mother for
washing done, and for damages for wrongful dismissal and assault.
These summonses were served before the prosecutor applied to the
Magistrates' Clerk for a summons against the defendant for stealing,
but he maintained that one was not in consequence of the other. He
entirely denied that he had received written characters with the
defendant. He had taken him without a character because he knew his
parents to be respectable.
Miss Charley, a barmaid in the employ of prosecutor, also gave
evidence, and was closely cross-examined by Mr. Hume Williams.
Ernest Vincett, in the employ of Mr. Hann, butcher, and Mrs. Stapley
gave evidence to the effect that the goods purchased at their
respective shops were not paid for, but both admitted in
cross-examination that articles were often purchased for the
Bouverie Hotel without payment at the time.
The defence was a total denial of the charge, and the mother of
the defendant gave evidence on his behalf. She swore that her son
came home on the evening of the 11th Dec. with his mouth and nose
bleeding, and he complained of his head. In the morning she went
with her son to see prosecutor, and he again struck her son, causing
his nose to bleed. On the 17th inst. she asked the prosecutor for
her washing bill, but he refused to pay unless she deducted 2/-
which he said her son had stolen. She said “Oh, dear, no. I fear
nothing, I only ask will you pay me my money”. The prosecutor said
“No”, and she then said “Very good. Good morning” and came away. She
then took out a County Court summons against the prosecutor.
Mr. Hume Williams made a lengthy and eloquent appeal to the jury on
behalf of the defendant, and Mr. Watts having replied, the Recorder
summed up, directing the attention of the jury to the discrepancies
in the evidence of the prosecutor. The speech of Mr. Hume Williams
and the verdict of Not Guilty given by the jury were received with
applause in Court.
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Folkestone Chronicle 4 January 1890.
Saturday, December 28th: Before The Moyor, Aldermen Sherwood, Pledge
and Dunk, J. Fitmess and J. Clarke Esqs.
Albert Henry Mealing, a respectably dressed boy, aged 17, was
charged with stealing a sovereign from the Bouverie Hotel, on the
12th of December, the money of his master, Wilhelm Heinrick
Molckenbuhr; also with stealing 2s. on the 10th December.
Mr. Watts prosecuted and Mr. Minter defended.
Mr. Minter asked the Bench to adjourn the case. The defendant had
taken out a summons against the prosecutor for wages and assault,
and it was not until after those summonses had been served that he
entered the present charge. He asked that the boy's case in the
County Court might be heard first. He would be able to make a
statement there, whereas his mouth in that court was closed.
The Bench declined to adjourn the case.
The prosecutor, a German, was then called and examined by Mr. Watts.
On the 10th December he sent the defendant, between twelve and one
o'clock, to buy a beefsteak at Hann's. He gave him a two shilling
piece to pay for it, and to get some vegetables from Stapley's as
well, which he naturally expected him to pay for as well. When he
returned he said the steak was one shilling, but witness did not say
anything about the change. On the following Friday he left his
service without permission. He ran away. Hann sent in the bill for
the steak, and Mrs. Stapley also charged 5d. for the vegetables.
By Mr. Minter: The steak was required for a gentleman. Witness was
playing billiards when the defendant told him. Did not know whether
he was playing billiards with Mr. Catterall. Did not know who it
was. He sent the boy out. When he returned he did not say “I have
got the steak and the greens, but they are not paid for”. He did not
ask for the change. It was neglect on witness's part, he supposed.
On the 12th he lost a sovereign from the bar. The boy was in the
billiard room. Witness asked him where it was. He said he did not
know anything about it. Told him he would send for the police, and
that he would get imprisonment. He did not search the boy, nor did
he punch his head and make his nose bleed. He made him turn his
pockets out and made him pull off his boots. Witness had the barmaid
in and tried to frighten the defendant. The boy's mother came to his
house the next morning and they had an altercation about the
sovereign. Did not shake the boy in his mother's presence. He would
swear it. The boy's mother came again and he told her he had stolen
a two shilling piece. He refused to pay her bill for washing, and
she had taken out a County Court summons. He did not refuse on
account of the theft. It was for overcharges. The boy had also
brought a County Court summons for assault and wages. He had
received the County Court summons when he laid the information
respecting the present charges. Did not recollect saying anything to
anyone that he would not have issued the summons if he had not
received the County Court summons. He would not swear it.
The prosecutor gave his evidence in a very guarded manner, and was
very reluctant to answer several questions.
Mary Charley said she was barmaid in the employ of the last witness.
She saw the prosecutor give the defendant 2s. to buy a steak. The
boy left on Thursday evening. He went out without his cap and left
the back door open. He ran away because the police were coming.
Heard the charge made against him of stealing the sovereign. It was
after that that the boy left.
By Mr. Minter: The gentleman asked her for the steak and she sent
the boy up for the money. He got the steak and gave it to the
servant. She heard him tell the prosecutor that it cost one
shilling. She remembered the conversation about the sovereign.
Witness placed the coin on the shelf in the bar about seven o'clock
in the evening. They always kept the gold there. She missed it
between half past seven and eight o'clock. Mr. Molckenbuhr first
drew her attention to it. Witness was in the smoking room. There
were several gentlemen there. It was close to the bar. She saw the
boy turn his pockets out. Did not see the prosecutor strike him, nor
did she notice his nose bleeding.
The witness here made a slip, and, in answer to a question by Mr.
Minter, said she gave the boy the money herself. The prosecutor was
standing near, and spoke one or two words to her by way of
correction. Mr. Minter drew the attention of the Bench to the fact
that the prosecutor was prompting the witness, and the Magistrates
ordered him to stand back in the public gallery. The witness said
she wished to correct the statement. She gave the boy one shilling
to pay for her boots to be mended. They were tenpence, and she gave
him one penny for fetching them.
Earnest Vinsett, a butcher, in the employ of Mr. Hann, butcher,
Cheriton Road, said the defendant ordered the steak but did not pay
for it.
Mrs. Stapley said the defendant fetched the vegetables at her shop,
but did not pay for them. They came to 5d.
The Bench committed the defendant for trial on the charge of
stealing the 2s. piece, and then went into the theft of a sovereign.
The evidence was very similar to that given in the last case. In
answer to Mr. Minter, the prosecutor added that he was in the
smoking room and the defendant was washing up glasses. He saw the
defendant “looking at the sovereign”, and when he saw witness
looking at him he went on with his work. He did not see the
defendant take, nor could he find it when he searched him.
This charge was dismissed.
Quarter Sessions
Monday, December 30th: Before J.C. Lewis Coward Esq.
A true bill was returned against Herbert Mealing, aged 17, for
stealing 2s., the money of his master, W.H. Molckenbuhr, landlord of
the Bouverie Hotel, a German, on the 12th December.
Mr. Watts (barrister), instructed by Mr. A.R. Watts, prosecuted, and
Mr. Hume Williams, instructed by Mr. J. Minter, defended.
Mr. Williams asked the learned Recorder to allow the case to stand
adjourned. The defendant was nit convicted until Saturday, and
therefore he had had no opportunity of getting up his case. The
whole of the defence would have to depend upon the cross-examination
of the witnesses for the prosecution.
Mr. Watts said he could not agree with that. He did not consider the
adjournment was necessary.
The Recorder said he saw no grounds for the adjournment.
Mr. Williams remarked that he should have called a couple of
witnesses, but he had not had time to do so. Only Sunday intervened,
and it was impossible to get the case together.
The Recorder considered there were no substantial grounds why the
trial should be postponed, and the case proceeded.
Mr. Watts addressed the Court on behalf of the prosecution, and
called the prosecutor, Wilhelm Heinrick Molckenbuhr, who stated that
the prisoner was formerly in his employ. On Tuesday, the 10th of
Dec. Witness sent him out to fetch a beefsteak from Mr. Hann,
butcher, of Cheriton Road, and some vegetables from Mrs. Stapley. He
gave him a 2s. piece. He said the steak was 1s. On Thursday, the
12th of Dec. He left without his permission. He had subsequently
paid the butcher 1s. for the steak, and Mrs. Stapley 5d. for the
greengrocery.
By Mr. Williams: I am a German. I have had the Bouverie about twelve
months. The boy left without my permission. I had charged him with
stealing a sovereign, and on that occasion I thrashed him.
The Recorder: What did you thrash him for? – For a great insult
towards me.
Mr. Williams: Did you make him turn out everything he had to see if
he had the sovereign? – Yes.
And made him take off his shoes? – I did.
And thereupon I believe you thrashed him for stealing a sovereign? –
No, not for stealing the sovereign.
Did you tell the defendant to go to Hell? – I did not, and I deny
that he said to me “You had better make that long journey first”.
Well, what words did the boy use to make you thrash him? – I don't
wish to repeat them.
The Recorder: Answer the question.
Witness: I wish Mr. Watts to repeat them; he has them in writing.
The Recorder: You must answer the question.
The witness then repeated the language alleged to have been used by
the defendant.
Cross-examination proceeding: I did not thrash him until ten minutes
after I had charged him with stealing the sovereign.
You threatened him with criminal proceedings and told him you would
ruin his character, did you not? – I told him his character would be
ruined.
You did not find the sovereign on him? – No, I did not find it at
all.
Last Saturday I believe you charged him with stealing the sovereign
before the Magistrates – I did.
And did the Magistrates dismiss the charge? – Yes.
Was anything said about the two shilling piece at that time? – No.
Then after you had searched him and threatened him and thrashed him,
I suppose you were not exactly surprised that he left your service –
ran away, as you term it – without your permission? – The witness
did not answer.
You did everything you could to frighten him, didn't you? – Yes, I
did.
And then he “ran away without your permission”? – Yes (Laughter.)
The next morning the boy called on you with his mother? – Yes
She complained to you of striking her boy, and did you not say “And
if he uses the same words again I will strike him again”? – No, I
did not say so.
Now you be careful. The boy's mother is in Court.
Did you not strike him in the presence of his mother, and make his
nose bleed? – No, I did not. He was there about ten minutes
altogether, and during that time I sent for his clothes and he went
away.
On the 17th – five days after – did the boy's mother go back to you
and ask you to pay the washing bill? – Yes. I did not see the boy.
He was outside.
Did you then propose to pay the bill after deducting the 2s., which
you allege that the boy had stolen? – No, I refused to pay unless
she deducted the overcharge. I did not know he had stolen the 2s.
then. I did not know until Hann sent in his bill for the steak.
Mr. Williams read the depositions given by the prosecutor on
Saturday, which distinctly stated that he told the mother that he
had discovered that the boy had stolen 2s.
The prosecutor denied having said so in his evidence.
Mr. Williams said there could be no doubt that he said it, for his
evidence was taken word for word by the Clerk, read over to him, and
signed by him as correct.
Mr. Williams: Did you pay the bill? – No; two days afterwards the
woman issued a County Court summons for the amount. The defendant
also issued a summons against me for wrongful dismissal, wages, and
damages for assault. It was not until after I had received those
summonses that I charged the boy with stealing the sovereign and the
2s.
At the time you allege that the defendant asked you for the money to
pay for the steak you were playing billiards, were you not? – Yes;
it was between twelve and one o'clock.
What did you say? – I do not know the words I used.
Are you in the habit of leaving the boy with 5s. in his pocket for
change? – Yes.
At the time you say you gave him the 2s., had he 5s.? – No.
But he did have when you searched him for the sovereign, because you
have told us that he gave it back to you? – Yes, he did.
Did you ask him for the 5s.? – No, he gave it to me without.
Was it not before you sent the boy for the steak that you sent him
for the vegetables? – I do not recollect.
Had not the vegetables actually been delivered at the time? – I do
not know.
Now, do you not know that they were actually being cooked at the
time? – No, I do not know.
If the boy was to pay for the vegetables, why did you not tell him?
– I meant him to pay when he fetched the steak.
Did you tell him when he fetched the steak to pay for the
vegetables? – I expected him to.
You are fencing my question, sir. Do you understand, or won't you? –
I quite understand.
Well then, did you say so? – I do not recollect.
What were the words you used? – I said “Go to Hann, the butcher, and
fetch a steak”.
You did not say anything about the vegetables? – No.
I suppose you are pretty accurate as to what occurred on this
occasion? – I am.
Is this anything like what you said before the Magistrates on
Saturday (reading the depositions): I told him to go and fetch a
steak, and gave him 2s. to pay for it. I sent him for some
vegetables as well, which naturally he had to pay for as well. I
told him to go to Stapley's for the vegetables. – The prosecutor was
very reluctant to answer the question. After a great deal of
pressing he said he had no wish to speak an untruth.
Mr. Williams pointed out the direct contradiction.
Were you present when the boy came back? – No; I went into the
kitchen after it was in the frying pan.
What did the boy say? – He said the steak cost one shilling.
Did you ask him for the change? – No.
Why not? – No particular reason. I forgot, I suppose.
Did you ask him the same day? – No.
Did you forget about it when you made him turn his pockets out for
the sovereign? – Yes.
The Recorder: You did not charge him with stealing the two shillings
when you accused him of the sovereign? – No.
Mr. Williams: Did you have any written character with the boy when
you employed him? – No; I never required them.
Have you ever seen the written character produced? – No; I swear it.
The Recorder declined to have them read as the witness denied ever
having seen them.
Re-examined by Mr. Watts: I have no doubt I gave the 2s. to the
defendant. I did not strike him a second time. I missed the
sovereign in the early part of Tuesday evening.
May Charley, barmaid at the Bouverie, was then examined by Mr.
Watts.
By Mr. Williams: There are three different entrances to the bar. I
put the sovereign on the shelf in the bar, and it disappeared. I was
present when the master gave the two shilling piece to the
defendant. I am still in the prosecutor's employment. I have been
with him six weeks. I have never heard the prosecutor ask for the
change, but I heard the boy tell him the steak cost one shilling.
Did you not order the vegetables between nine and ten? – I told him
to go to the master.
And he said he did not like to because he would swear at him? – No;
he did not say so. He said he did not like to disturb him when he
was playing billiards. I told him he must as they had to be cooked.
Did you see the boy outside when his mother came on the 17th? – Yes;
I had a conversation with him. I told him I gave him a shilling for
my boots. He paid for them and gave me 2d. change. I gave him a
penny.
Before the Magistrates on Saturday you said first that you gave the
boy 2s. to get the steak yourself, didn't you? – Yes, but I was
muddled.
Muddled! But you are supposed to be accurate. Your master was
standing beside you, wasn't he, and he prompted you, and then you
corrected yourself? – Yes.
The Magistrates ordered him to stand away, didn't they? – Yes.
Earnest Vinsitt, an assistant to Mr. Hann, butcher, stated that the
defendant did not pay for the steak, and in answer to Mr. Williams
stated that they had a running account against the prosecutor. The
defendant fetched it about one o'clock.
Phoebe Stapley said she sold the vegetables to the defendant. He did
not pay for them.
By Mr. Williams: The order was so small that she did not book it.
She used to supply the prosecutor with small things. The prosecutor
came in for some things and she told him there was five pence owing.
She served the defendant with a quart of apples and two cabbages. It
was between ten and eleven in the morning.
This was the case for the prosecution, and Mr. Williams called the
lad's mother, Emma Flack. Her son had been in the employ of Captain
Vesey; also in the employ of Mr. Franklin, but she had been unable
to get them there that day as witnesses, as they were away. She had
tried to secure their presence. She could produce written
characters. She remembered her son coming home on the 11th instant.
His mouth was bleeding, his face was swollen, and his pockets were
turned inside out. He complained of his head. The next day she went
with him to see the prosecutor, and asked him why he had struck her
boy. He replied “I will do it again”. Witness said “Hit me; don't
hit him”. The prosecutor then stretched his hand over her left
shoulder and struck the boy. He hit him on the nose and made it
bleed. He said nothing about the 2s. piece then. On the 17th instant
witness went to him again with her washing bill. She asked him to
count the things while she waited, as he had made so many mistakes
before. He counted them. Witness gave him the bill and asked him to
pay it. He then pulled out a piece of paper and said “I have
discovered that your beautiful boy has robbed me of 2s., and I shall
stop it out of your bill”. Witness remarked “I fear nothing”. He
wanted to pay the bill and deduct the 2s., but witness would not
take it, and left the house. It was then that she took out a County
Court summons.
By Mr. Watts: It was not on account of the alteration in the price
that the prosecutor refused to pay. He struck the boy in her
presence.
Mr. Williams then made a lengthy and eloquent speech for the
defence. He contended that the 2s. piece was never given, and put
considerable stress upon the several contradictory statements made
by the prosecutor and Miss Charley. It was highly improbable, he
said, that the defendant, if he intended to have stolen the money,
should have gone up to the prosecutor and said “The steak cost one
shilling”. He would naturally have avoided any conversation about it
all. By the manner in which the prosecutor had given his evidence,
and the statements which he had made, the jury could see what kind
of a man they had to deal with. The lad had borne an unblemished
character, and it would be scandalous to convict him on such a
trumped-up charge brought by a German hotel keeper.
Mr. Williams was loudly applauded upon concluding his speech, but it
was instantly suppressed.
Mr. Watts then addressed the jury on behalf of the prosecution.
In summing up, the Recorder dealt very closely with the
contradictions in the prosecutor's statements. He said it might have
been that, as he was a foreigner, he did not quite understand the
questions, but of course that would be for the jury to consider.
The jury at once returned a verdict of Not Guilty, and the defendant
was discharged amidst much applause in Court.
|
Folkestone Express 4 January 1890.
Saturday, December 28th: Before The Mayor, Aldermen Sherwood, Dunk,
and Pledge, J. Fitness and J. Clarke Esqs.
Wm. Henry Mealing was charged with stealing 2s., the property of his
master, Mr. W.H. Molckenbuhr, of the Bouverie Hotel. Mr. Watts
appeared for the prosecutor, and the boy was defended by Mr. Minter.
After the charge had been read, Mr. Minter said: I don't know
whether this would be a convenient time to make an application for
the case to be adjourned on the ground that the boy has already
commenced an action against his master, which will be heard in the
County Court next month, and this summons would not have been issued
if the action had not been commenced to recover wages and damages
for an assault committed by his master upon the defendant in a
dispute which arose on the charge. I suggest, of course, that these
proceedings are taken with a view to quash the action which is
pending. Of course the boy's mouth is closed in a criminal action,
but in the County Court he can give his evidence, and it is very
unfair that criminal proceedings should be taken after the
institution of civil proceedings by the boy, which will be heard on
the 14th of January. It would be monstrously unfair that these
proceedings should go on, and it is only right that I should ask
that they should be adjourned until after the hearing.
The Mayor asked what relation the matter of the sovereign bore to
that case.
Mr. Minter: The charge of stealing a sovereign is another charge. I
have not the slightest objection to the evidence being taken now on
the part of the prosecution. But if I stood by and did not make the
application, you might say “You ought to have made it before”. If
the Bench say they would rather hear the case, and then consider my
application, I have not the slightest objection.
Mr. Watts: I would submit to the Bench –
Mr. Minter: You will see that the summons was not taken out until
eleven days after the offence is said to have been committed, and
not until after the County Court summons was issued.
Mr. Watts: It was issued as soon as it was discovered that the money
had not been paid. The prosecutor did not discover it until the bill
came in for the meat. Then he knew the money had not been paid.
The Mayor said the Bench decided to hear the case.
Prosecutor said: I am the landlord of the Bouverie Hotel. The
defendant was in my employ. On Tuesday, the twelfth of the present
month, between twelve and one, I sent the boy out to make some
purchases. He was to buy a beefsteak, and I gave him a 2s. piece to
pay for it. I sent him for some vegetables as well. I told him to go
for the steak to Mr. Hann's, and to Mrs. Stapley's for the
vegetables. I saw him after he came back, and he told me the steak
was a shilling. I did not ask him anything about the change.
Mr. Minter (to Mr. Watts): Don't you think it would be as well to
ask him what he did say instead of telling him what he did not say?
Prosecutor continued: On Thursday the boy left my house without my
permission. I had sent for the police, and I suppose he took the
opportunity of running away. Afterwards I received a bill for the
shilling for the steak.
Mr. Bradley told the prosecutor he must produce the bill.
Prosecutor: I have the bill at home. But I have a witness to prove
that he did not pay. I have since paid it. I have been charged 5d.
by Mrs. Stapley for the greengrocery, and I have paid that. The
greengrocery was supplied on the same day as the steak.
Cross-examined by Mr. Minter: What day did you pay for the steak? –
Just a week after, I think.
Don't think, please. Tell us. – I did not take any note of it when I
went to pay for the steak.
Who was the steak required for? – For a gentleman.
How did you know the steak was required for a gentleman? – A
getleman ordered it, and I naturally sent for it.
Did he order it of you? – He did not.
Who came and told you? Wasn't it the boy himself? – Yes.
Where were you? – In the billiard room.
Who were you playing with? – I can't recollect.
Whoever it was, when you took the 2s. piece out of your pocket and
gave it to the boy he would have seen it? – No, he would not have
seen it. I did not give the 2s. piece in the billiard room. I gave
it to him in the bar.
Now, be careful, sir – I am careful. I have a clear conscience.
Never mind your conscience. We shall see about that presently.
Didn't the boy come in to the billiard room and say “A gentleman
wants a steak, sir. What am I to do?”? – Yes.
Didn't you say “Then get it”? – Fetch it, I said.
Didn't the boy immediately leave the room, and didn't you continue
the game of billiards? – No, I left the room immediately after.
Following the boy? – Yes.
Did you see the boy bring the steak back? – No, the steak was bought
and the boy told me it was a shilling.
Didn't the boy say “I have got the steak and greens, but they are
not paid for”? – No. I gave the boy 2s. I must say –
Don't make any observations, please, but simply answer the question.
You say the boy came and told you the steak cost 1s. Why didn't you
ask him for the change? – It was neglect on my side, I dare say.
You never did ask him for it, did you? – No.
On the 12th, on Thursday, you say you think you lost a sovereign
from the bar? – I am sure.
After enquiry, did you send for the boy, who was in the kitchen
having his dinner or something, and ask him where the sovereign was?
– The boy was in the billiard room at the time.
Did you send for him and ask him where the sovereign was? – I called
him myself.
Did you ask him where the sovereign was? – Yes.
Did he say he knew nothing about the sovereign? – Yes.
Did you tell him if he did not give the sovereign up you would send
for the police and a lawyer and give him three months imprisonment
and ruin his character? – I did not say three months.
What did you say? Did you say you would send for the police, and
didn't you say something about three months imprisonment? – I don't
know. I might have said he'd get imprisonment.
Did you take hold of the boy and turn his pockets out, and did you
punch his head and make his nose bleed? – No, that came later on.
Did you search him? – No.
Did you make him turn his pockets out? – Yes.
Don't you call that searching him? Didn't you have a barmaid in, and
did she search him? – No.
Not in your presence? – No.
Did you strike the boy? – Yes, but not for stealing the sovereign.
When you thought the boy had stolen the sovereign, why didn't you
ask him for the change out of the 2s.? – I didn't know it had not
been paid.
Did the boy's mother come to you next morning? – Yes.
Did you then have an altercation with her about the sovereign? – I
told her of it.
Did the boy deny it in his mother's presence, and in yours, that he
had anything to do with the sovereign? – I don't know.
That is you answer, is it? – I don't remember. He denied it over and
over again when I accused him.
Did you, in his mother's presence, take hold of the boy and again
strike him? – No.
You swear that? – I swear it.
This was on the 12th. You did nothing between then and the next time
the mother came to you? – I don't think I ever saw her afterwards.
Didn't she come on the 17th with the boy and bring some clothes? –
Yes.
Didn't she on the 17th December bring the washing and ask you to
examine it and see that you had got your clothes back properly? –
She came by herself.
Was the boy outside? – I don't know.
Hadn't she told you so? – Not to my knowledge.
That is all you will say. Didn't you say “Your beautiful son has
robbed me of 2s. as well as the sovereign”, and didn't the barmaid
say “It wasn't a 2s. piece, it was a shilling I gave him”? – No,
that is a lie, whoever said it.
Did you not hear the barmaid say she gave him a shilling, or that
she said it was a shilling? – No.
Did you owe the woman something, and refused to pay her? – Yes, and
I was entitled to refuse to pay on account of an overcharge.
I believe she has issued a County Court summons for the money? –
Yes.
And the boy has brought an action against you in the County Court
for assault and for wages? – I don't know that that has anything to
do with it.
Mary Charley, barmaid in the service of the prosecutor, said she
remembered her employer giving the defendant a 2s. piece to go and
fetch some steak.
During the examination by Mr. Watts, Mr. Minter objected several
times to statements being put into her mouth. She knew very little
about the charge with regard to the 2s.
Ernest Vincent said on Tuesday, the 10th of December, the defendant
went to his master's shop for a piece of fillet steak. The ,eat was
1s. He said it was for Mr. Molckenbuhr, at the Bouverie Hotel. He
did not pay for it. Witness could not say who paid for it.
Phoebe Stapley, a greengrocer in Cheriton Road, said the defendant
went to her shop to buy some greens some time last month. She could
not say the date. He bought a quart of apples and two savoys, and
the price was 5d. He said they were for his governor at the
“Albion”. He did not pay for them. Mr. Molckenbuhr had paid her. Mr.
Molckenbuhr was in the habit of sending for little things.
Mr. Minter again asked the Bench to allow the case to stand over
until after the hearing of the County Court action. There was a
clear admission the summons was not applied for until after the
action was brought, and the prosecutor would not say that that he
did not say – that the action would not have been taken if the
County Court action had not been brought. It would be monstrously
unfair to decide a case of a criminal character when a County Court
action was pending. It would be an injustice to him in his action
which was to be tried to decide the case when his mouth was closed.
Mr. Bradley said it was generally the other way about – for civil
actions to be adjourned when criminal actions were pending. The
Magistrates considered there was a prima facie case to answer.
Mr. Minter: Then we shall plead Not Guilty, and certainly not allow
it to be tried here.
The defendant was committed for trial at the Quarter Sessions.
The second charge of stealing a sovereign was then proceeded with.
Prosecutor said: On Thursday, the 12th, about eight o'clock in the
evening, he was in the smoking room leading out of the bar, He saw a
sovereign on the shelf in the bar. He sent the defendant into the
bar to wash glasses. He was there ten minutes. Nobody else was in
the bar during that time. He saw the boy watching the sovereign,
staring at the place where the sovereign was. He could not see into
the bar without turning round, and he did turn round. When the boy
saw him watching the sovereign he turned away. When the boy had
finished the glasses he saw him go. About ten minutes to eight he
missed the sovereign. He did not think the barmaid had been in the
bar. He called the boy from the billiard room into the office, and
said “What have you done with the sovereign? You had better give me
the sovereign back, or I shall have you imprisoned”. He told the boy
to take everything out of his pockets and undo his boots, and he did
so. Witness made a search at once after the sovereign was missed.
Only 5s. was found in the boy's pockets. Witness had previously
given the boy 5s. to give change. He sent for the police, thinking
that the boy would confess that he had taken the sovereign. The boy
sat in the office for the policeman to come. Witness waited with him
for some time, but he was called away for a moment, and the boy ran
away out of the back door.
By Mr. Minter: There was nobody in the bar when I called the boy
down. There are four entrances to the bar – two lead to the mews,
and the others into the street. The barmaid went into the bar as
soon as I called her attention to the missing sovereign. I had not
sat in the bar on purpose to watch him. He was staring at the
sovereign. I thought it was rather peculiar for him to be watching a
sovereign. When he saw me he went on with his work. I should have
heard the bar door if anyone had come in. I asked the barmaid what
had become of the sovereign. The barmaid would sit in the smoking
room if there was no-one in the bar. There was nobody in the bar for
ten minutes after the boy had left. The bot went from the bar to the
kitchen, and from there to the billiard room. When I called the boy
I did everything I could to frighten him. I told him he would lose
his character and have some time of imprisonment. He said he did not
steal it. I did strike him. That has nothing to do with this case.
It was for a different offence – handing the 5s. to me with some
words so dirty that I don't like to repeat them. Mr. Watts has them
in writing.
By Mr. Bradley: The shelf is above the bar – about four feet from
the bar. The boy could see the sovereign quite plain. The shelf is 5
ft. or 6 ft, from the doorway. I always put money there for change.
Mary Charley, barmaid at the Bouverie, said on Thursday fortnight
she was sitting in the smoking room about eight o'clock. She had
previously placed a sovereign on a little shelf where they kept
spirits. Defendant was in the bar washing glasses. She could not see
him from where she sat. Mr. Molckenbuhr asked her where the
sovereign was gone. She looked for it, but could not find it. She
was present when Mr. Molckenbuhr accused defendant with stealing the
sovereign after he was called from the bar. While the servant was
gone for the police, defendant made off, leaving his hat on the
kitchen table.
By Mr. Minter: I had left the bar about ten minutes before the boy
was sent for to wash glasses. I could not see if anyone came into
the bar, but I could hear. There were two or three in the smoking
room with Mr. Molckenbuhr. I was sitting there talking. Mr.
Molckenbuhr is not married. The people from the Mews use the bar a
great deal, and also all the “hangers on”. I heard Mr. Molckenbuhr
try to frighten the boy, and saw him turn his pockets out.
Afterwards I talked to the boy and told him he had better give the
sovereign up. He declared to me he hadn't got it, and hadn't touched
it.
By Mr. Bradley: About 20 minutes or half an hour elapsed from the
time I put the sovereign up till I missed it.
In reply to Mr. Minter, prosecutor said the defendant had on some
occasions found money on the floor and taken it to him.
The Bench considered the case was not proved, and therefore
dismissed it.
Mr. Fitness thought it was very wrong to leave money about in that
way.
Quarter Sessions.
Monday. December 30th: Before J.C. Lewis Coward Esq.
Thr Grand Jury returned a true bill against Herbert Henry Mealing,
who was committed for trial on Saturday, and the particulars of
which are reported under the police court news today.
Mr. Hume Williams said he appeared for the defence, and applied to
the Recorder to allow the case to stand over until the next
sessions. He was instructed that the charge was a most unfounded
one, the boy had hitherto borne an irreproachable character, and as
his whole future depended upon the issue, he thought the application
was a most reasonable one. The solicitor who instructed him was only
consulted on Friday, and there were two witnesses for the defence
who could not attend.
The Recorder said he could see no ground upon which he ought to
allow the case to be postponed.
Mr. Williams urged that there was another charge of stealing a
sovereign and that was dismissed, and he should contend that this
case was similar in character. The prosecutor would be
cross-examined at very great length.
The Recorder said he saw by the depositions that the
cross-examination before the Magistrates extended to two pages. He
hoped it would not be extended beyond that. He declined to accede to
the application.
Mr. Williams then applied for the case to be taken last, in order
that he might peruse the depositions, of which he had not obtained a
copy, and this was assented to by the Recorder.
Wilhelm Heinrich Molckenbuhr, the prosecutor, repeated the evidence
given by him on Saturday.
In answer to Mr. Williams, the prosecutor said he had had the
Bouverie Hotel nearly a year. He admitted that he thrashed the boy
ten minutes after he accused him of stealing the sovereign, but not
for stealing it.
By the Recorder: I thrashed him for a great insult towards me.
By Mr. Williams: I made him turn out his pockets and take off his
shoes. I did not tell the boy to “go to h---“. He did not say “You
had better take that long journey first”. I don't like to repeat
what he said to me.
The Recorder: We are not squeamish here, Mr. Molckenbuhr.
Prosecutor said the prisoner returned him 5s. he had given him to
give change, and repeated an indecent expression used by the boy. He
continued: I told the boy I would give him in charge of the police,
and that his character would be ruined. I made him take off his
boots, but did not find the sovereign. I charged the boy before the
Magistrates with stealing the sovereign, and the Magistrates
dismissed the summons. After I had searched him, accused him, and
thrashed him, he ran away. He was afraid of the police. I had done
everything I could to frighten him. Next morning he came back with
his mother. The mother complained that I struck him, and I told her
if he used the same words again I would strike him again. He was ten
minutes before he went away with his mother. He was waiting for his
clothes. On the 17th the boy's mother came to me and wanted to be
paid for washing for the hotel. I did not see the boy then. I did
not propose to deduct the 2s. from the bill. I did not then know
that he had had it. I refused to pay the bill unless she deducted
the overcharge, about 11d. I said that on Saturday. I said I had
another proof of the boy's dishonesty, because I found out that the
butcher's bill had not been paid.
Mr. Williams read the prisoner's depositions, in which it appeared
the prosecutor said he had another proof of the boy's dishonesty in
the 2s. piece.
Prosecutor: I did not tell his mother he had stolen the 2s. piece,
because I gave it to him. I told his mother I had another proof of
his dishonesty. I knew it at that time, but I did not want to deduct
the 2s. from the bill. I have not paid the bill on account of an
overcharge of, I think, 11d. Two days after that the lady issued a
County Court summons against me for the amount of her bill,, and the
boy issued a summons against me for wrongful dismissal, the amount
of his wages, and for damages for assault. A day or two after, I
issued the summons against the boy, charging him with stealing the
2s. piece and the sovereign. I did not think it would be a good
thing, as the County Court case would be heard on the 14th January.
I did not know it until I took out the summons. I do not know that
he had 5s. in his pocket when he was sent for the steak. Bery likely
it was earlier in the morning that he fetched the vegetables. I will
not swear that the vegetable had not come in, or that some of the
apples were at the time being cooked in the kitchen. I gave him the
order for the vegetables before I sent him for the steak, no doubt.
It had nothing to do with the steak. I expected him to pay for the
vegetables out of the 2s. I can't say whether I told him to pay for
the vegetables. When I gave him the 2s. I said “Go to Hann and get a
steak for one” I charge him with stealing the 2s., and not paying
for the steak and the vegetables.
Mr. William read from the depositions “I told him to go and fetch a
steak from Hann's the butcher, and gave him a 2s. piece to pay for
it. I sent him for some vegetables as well, which, naturally, he had
to pay for as well”.
Prosecutor: I had no intention of inducing the Magistrates to
believe I sent him for the meat and the vegetables at the same time,
and that he was to pay for them out of the 2s. piece. I was not in
the kitchen when the boy came back with the meat. I was there soon
after. The boy was there, and said the steak had cost 1s. I did not
ask him for the change. I had forgotten it, I suppose. I forgot all
about it when I charged the boy with stealing a sovereign and turned
out his pockets. The boy gave me the 5s. change willingly. I
expected him to pay for the vegetables out of the 2s. I never asked
him for any change. I had no written character with the boy when I
took him.
Written characters were handed to the prosecutor, who said he never
saw them.
In re-examination by Mr. Watts, prosecutor said: I have no doubt
that I gave the boy the 2s. piece.
Mary Charley, barmaid in the service of the prosecutor, said the
prisoner was given a 2s. piece by Mr. Molckenbuhr, to buy some meat
for a gentleman. She was not present when he came back. She
remembered on Thursday, the 12th, there was some trouble about a
sovereign, and the boy ran away.
Cross-examined by Mr. Hume Williams, she said: The boy was searched
before he ran away. I did not search him. I had put a sovereign on
the shelf, and it disappeared. I was there when the 2s. piece was
given to the boy. I have been in the employ of Mr. Molckenbuhr five
weeks. I never heard my master ask for the change out of the 2s. The
boy gave the steak to the servant in the kitchen, and said it cost a
shilling. Between nine and ten in the morning I sent the boy to his
master about some apples and vegetables. He did not say he did not
like to go because the master would swear at him. He said he didn't
like to go when the master was playing billiards. Nothing was said
to me about swearing. The boy usually had 5s. given him for change
in the billiard room. I saw the boy outside on the 17th, when he
came with his mother. I had a conversation with him. I had given him
a shilling to pay for some boots being mended. The boots were 10d.,
and I gave the boy a penny for fetching them.
Ernest Vincent, a butcher in the service of Mr. Hann, who served the
steak, in answer to Mr. Williams, said sometimes things for the
Bouverie Hotel were paid for and sometimes not.
Mary Stapley repeated the evidence given by her on Saturday. In
reply to Mr. Williams, she said it was such a small matter that she
did not put it down in the books. She was in the habit of supplying
small things to the Bouverie Hotel. She did not send in a bill at
once. Mr. Molckenbuhr went into the shop and she told him 5d. was
owing.
Emma Flack, the boy's mother, living at Primrose Laundry, said he
was her son by her first husband. The boy had been in the employ of
Capt, Vesey for six months, and in Mr. Franklin's employ six months.
She had endeavoured to get his employers to attend and tell the
court what was the boy's character. When the boy went home on the
12th his mouth was bleeding, his face swollen, and his pockets
turned inside out. Next morning she went to see Mr. Molckenbuhr, and
asked why he had struck her boy. He said he would do it again. She
said “Don't hit him – hit me”. He threw his hand over her shoulder
and struck the boy and made his nose bleed. On the 17th she went to
see the prosecutor with her bill for washing. She asked him to count
the things, as he had made so many mistakes before. He took a bill
out of his pocket and he said “Your beautiful son has robbed me of
2s”. She said “Oh, indeed. I fear nothing”. He said “I shall stop it
out of your washing bill”. She said “Oh, dear, no” and walked away,
and had since issued a County Court summons for the washing bill.
Mary Charley was re-called and said when the boy ran away she did
not see that his face was bleeding.
Mr. Hume Williams then addressed the jury on behalf of the prisoner,
Mr. Watts replied briefly, and the Recorder, having lucidly laid the
case in all it's bearings before the jury, the jury consulted for a
few minutes and returned a verdict of Not Guilty, which was received
with applause, immediately suppressed.
|
Folkestone News 4 January 1890.
Quarter Sessions.
Monday, December 30th: Before J.C. Lewis Coward Esq.
Herbert Henry Mealing, aged 17, was indicted for stealing 2s., the
property of his master, Mr. W.H. Molckenbuhr.
Mr. Hume Williams, who appeared for the defence, said he had an
application to make to the Court. Prisoner, as the learned Recorder
could see, was a boy, and the case was only remitted to that Court
on Saturday last. He thought he should have to cross-examine the
prosecutor at length, and he believed – and he hoped the learned
Recorder would agree with him – that a very great deal would depend
on the cross-examination of the witnesses for the prosecution. He
was instructed that this was a most unfounded charge. The boy had
hitherto borne a most unimpeachable character, and he was led to
believe that he would still do so at the termination of the hearing
of the case. But the application he would make was that the case
might be allowed to stand over until the next Sessions. His client
had done his utmost, in the short time they had had at their
disposal, to lay before him the whole of the facts of the case, but
he felt it to be impossible to do justice to the boy in so short a
time. He did not think he was saying too much when he said that he
believed nearly the boy's whole future depended upon the result of
the case, and he thought that under the circumstances the learned
Recorder would decide fit to accede to the application.
Mr. Watts, who represented the prosecution, said he agreed with the
application, but he could not agree that the case depended upon the
cross-examination of the prosecutor. He would leave the application
entirely in the hands of the learned Recorder.
Mr. Hume Williams further said that if the case were adjourned he
should be able to call two witnesses, whose attendance at present he
was unable to obtain.
The Recorder said he saw no ground for acceding to the application.
The prosecution were prepared with their case, and he should have
thought the solicitor for the defence could have perfectly well
prepared counsel for the examination of witnesses in the time at his
disposal. He could find in looking through the depositions no ground
for asking that the trial should be adjourned. The trial must
proceed.
Mr. Hume Williams said he must frankly own up that the witnesses for
the defence were not present.
Prisoner was then charged, and pleaded Not Guilty.
Mr. Watts having made a statement as to the facts of the case to the
jury, called Wilhelm Heinrich Molckenbuhr, who stated that he was
the landlord of the Bouverie Hotel. The prisoner had been in his
service for about three weeks on the 10th December. On that day he
sent him out with a 2s. piece to fetch some beef steak from Hann,
the butcher, in Cheriton Road. He was also told to get some
vegetables from Mrs. Stapley. On the lad's return he said the steak
was 1s. On Thursday, the 12th, the prisoner left his employ without
permission. Witness subsequently paid the butcher 1s. for the same
piece of steak, and Mrs. Stapley 5d. for the greengrocery.
Cross-examined by Mr. Hume Williams: He had had the Bouverie Hotel
for nearly a year. He had charged the lad with stealing a sovereign
before he left, and on charging him with doing that he took him into
the room and threashed him, but not for stealing the sovereign.
By the Recorder: He thrashed the boy for insulting him.
Cross-examination continued: He searched the prisoner to find out if
he had the sovereign upon him.He denied the theft. He did not tell
the boy to “go to ----“, nor did the boy say he (witness) had better
take that long journey first; that was not why he thrashed him. The
boy gave him 5s. that he had in his pocket for change, and made use
of an indecent expression at the same time. That was about ten
minutes after witness had searched him. Witness told prisoner that
his character would be ruined, but he did not say he would ruin him.
He did not find the sovereign. He charged the lad with stealing the
sovereign, and on Saturday the Magistrates dismissed the charge. The
boy left his employ because he was afraid of the police. He came
back next morning with his mother; witness told the mother in his
presence of the theft. She complained of his having struck the boy,
and je said he would do it again if he used the same language again.
He did not, however, strike the lad so as to make his nose bleed –
he did not strike him at all. On the 17th the boy's mother came and
asked for payment of a bill for washing. Witness did not see
prisoner that time. He did not propose to deduct the 2s. that he
alleged the boy had stolen. He refused to pay the bill unless the
woman deducted an overcharge of 11d. He said that before the
Magistrates on Saturday; he would swear it. Two days after the
interview with the boy's mother she issued a County Court summons
against him for the amount of the bill, and the boy also summoned
him for wrongful dismissal, wages, and assault. A day or two later
witness charged the boy with the theft of the 2s. piece and the
sovereign. On those summonses it appeared that the case would be
heard on the 14th Jan. He had then no idea that his case would come
up on Saturday, before the County Court summonses were heard. It did
not matter to him when it was heard. When he gave the boy the 2s.
piece he did not know that the prisoner had 5s. in his pocket. He
used to give the boy some change in the evening. Prisoner did not
fetch the vegetables at the same time; he did not quite recollect
whether the boy fetched the vegetables earlier in the morning. He
did not know that some of the apples he had fetched were at the time
he gave him the 2s. piece cooking in the kitchen. The vegetables
were for a different purpose altogether. He expected the boy to pay
for the vegetables out of the 2s. piece; he could not swear as to
whether he told him to do so. Witness went into the kitchen when the
steak was on the fire. The boy said it had cost 1s; he did not ask
him for the change, he forgot it. He had forgotten it when he
charged the boy with stealing a sovereign. He took the boy into his
employ without any character; he knew his parents. The written
characters (produced) were not shown to him. He never saw them and
never enquired after them.
Re-examined by Mr. Watts: He had no doubt that he gave the boy the
2s. piece. When he charged the prisoner he did not know when the
case was coming on, nor did he care.
Mary Charley, barmaid at the Bouverie Hotel, deposed that after
being charged with stealing a sovereign the boy ran away.
Cross-examined: The boy had been thrashed and searched before he
left. Witness had put the sovereign on the shelf in the bar. She was
the only other one present when the 2s. piece was given to the boy.
She had been in Mr. Molckenbuhr's employ about five weeks. She never
heard him ask for the change out of the 2s. piece. She heard the boy
say that the steak had cost 1s. Before then she had told the boy to
go and ask the master for some apples and vegetables; he said he did
not like to disturb the master while he was playing billiards. She
knew as a fact that the master was in the habit of an evening of
giving the boy 5s. change. She never thought of asking him what had
become of the change out of the 2s. piece.
Ernest Vincett, in the employ of Mr. Hann, butcher, Cheriton Road,
deposed that on the 10th December the prisoner came into the shop
and bought a piece of steak for the Bouverie Hotel. It cost 1s. but
he did not pay for it.
Cross-examined: Things were constantly being ordered for the
Bouverie Hotel, and sometimes they were paid for at the time, and
sometimes not.
Phoebe Stapley, greengrocer, Cheriton Road, stated that the prisoner
came to her shop and bought some apples and cabbages. He said they
were for the Bouverie Hotel, and did not pay for them. It was the
only time he had been to the shop. She could not tell what day it
was.
Cross-examined: She thought it was last month, but she was not sure.
She was in the habit of supplying the Bouverie Hotel with small
things. This particular item was not entered in a book. Mr.
Molckenbuhr subsequently came into the shop, and she then told him
there was 5d. owing, and he paid it forthwith.
Mrs. Flack, the mother of the prisoner, 2, Primrose Laundry, stated
that her son had been with Capt. Vezey for six months. He was
subsequently in the several employs of Mr. Franklin, Mr. Payer, and
Mr. Bartholomew. She had done the best she could to get the
gentlemen there in whose employment her son had been, but they could
not come. On the night of the 10th December her son came home with
his face swollen and bleeding, and his pockets turned out. She took
him next day to the Bouverie Hotel, and the prosecutor said he would
strike him again, and did so on the nose, making it bleed. On the
17th she took prosecutor's washing home, and asked him to count it,
as he had made so many mistakes before. He took the bill out of his
pocket and said “Your beautiful son has robbed me of 2s.”, and added
that he should stop it out of the amount owing for the washing. As
she would not agree to that he refused to pay it, and she therefore
issued a County Court summons for that amount.
Cross-examined by Mr. Watts: It was not on account of an alteration
of his washing bill that prosecutor refused to pay it. She would
swear that the prosecutor struck the boy in her presence.
Miss Charley, re-called, in answer to Mr. Watts, said when the boy
left the Bouverie his face was not bleeding. If it had been she
should have been able to see it.
Counsel for the defence and prosecution having addressed the jury,
the learned Recorder summed up, and after a short interval the jury
returned a verdict of Not Guilty.
This finding was received with some applause in Court, which was
instantly suppressed.
|
Folkestone Chronicle 18 January 1890.
County Court.
Tuesday, January 14th: Before W.L. Selfe Esq.
Herbert Henry Mealing v William Henri Molckenbuhr: This was a claim
for 14s. for a month's wages, the plaintiff having been dismissed
from the defendant's services as boy at the Bouverie Hotel, without
proper notice. There was also a claim for damages for an assault
committed upon the plaintiff by the defendant.
Mr. Minter appeared for the plaintiff, and Mr. A.E. Watts for the
defendant.
Mr. Minter having stated the case, the plaintiff was sworn and
stated that he was 17 years of age and lived at Cheriton. He was
errand boy to the defendant and got 3s. 6d. a week. On December 11th
defendant called witness into his office, and, after making a charge
against him of stealing a sovereign, searched him and made him take
off his boots. He turned witness's pockets out and said he would
fetch a policemen and a lawyer and ruin his character for life.
Witness denied all knowledge of the sovereign. He gave him back 5s.,
which he had for change. Witness said “Take this; perhaps you will
say I have stolen that”. He struck witness on the nose and knocked
his head against the table and a cupboard. Witness's nose bled, and
he ran out of the house. He went home to his mother. Mrs. Wilson saw
the state he was in. On the 12th he went to the Bouverie Hotel with
his mother. The defendant struck him again. He had never used any
bad language to the defendant. He went there again on the 17th with
his mother to take the washing home.
By Mr. Watts: The defendant had never given him notice to leave. The
defendant did not try to push his hat off on the 12th. He
deliberately struck him and made his nose bleed.
Emma Flack, plaintiff's mother, said on the 11th of December the boy
came home at 20 to 10 in the evening. His mouth and nose were
bleeding, his face was swollen, his pockets were inside out, shoes
unlaced and his clothes were disarranged. Mrs. Wilson saw him also.
Witness went to the defendant to ask for an explanation, and he said
“What about my sovereign? Never mind about the boy. I'll do it
again”. He then struck over witness's shoulder and hit the boy
again, making his nose bleed. When witness took the washing home on
the 17th the defendant made some statement about a 2s. piece, and
said he would deduct it from her bill, but witness would not allow
it.
Mrs. Wilson, wife of a labourer, living at Cheriton, said she saw
the boy after the assault. His lips were swollen and there was dry
blood at the corner of the mouth.
Mr. Watts having addressed the Court, defendant was called, and said
the boy had never asked for his wages. Witness hit him on the night
he ran away. It was untrue that he knocked his head against the
table. He was sitting on the armchair and he might have boxed his
ears once or twice. He saw a few drops of blood come from his nose.
Witness did not strike him when he came the next morning.
Mr. Minter cross-examined at some length, but the witness declined
to answer most of the questions. He admitted that he gave the boy a
thrashing, but refused to say what the thrashing consisted of. He
further said that he only knocked off his hat on the 12th, and that
was because the boy used indecent language to him.
Mary Charley, in the defendant's employ as barmaid, and Florence
Rindell, the cook, also gave evidence.
Mr. Minter having delivered a very able speech, His honour proceeded
to sum up. He said the law did not justify the defendant taking the
law into his own hands. The assault did not appear to be disputed.
The defendant had no right to compel the boy to submit to a search.
If the boy did use offensive language to the defendant there could
be very little wonder in it, for the provocation appeared to be all
on the side of defendant. He was of opinion that the plaintiff was
entitled to 14s. for wages, and £5 damages for the assault. Costs
were also allowed.
|
Folkestone Express 18 January 1890.
County Court.
Tuesday, January 14th: Before Judge Selfe.
Herbert Henry Mealing v W.H. Molckenbuhr: This was a claim for five
weeks' wages at 3s. 6d. and £10 for damages for an assault.
Mr. Minter represented the plaintiff, and Mr. Watts the defendant.
The facts in the case were brought out in evidence when the
plaintiff was charged by defendant with stealing a 2s. piece and a
sovereign. The Magistrates dismissed the latter charge, and in the
former the jury at the Quarter Sessions dismissed the boy.
Mr. Minter said the defendant, having thrashed the boy, and done all
he could to make him confess he had stolen the sovereign, sent for a
policeman, and the boy ran home to his mother. The defendant had
admitted on oath that he did thrash the boy, but said he did it
because he used a disgusting expression. This the boy would deny.
Defendant had paid 12s. 6d. into court, being three weeks and four
days' wages, leaving a balance of 5s.
Plaintiff said he was 17. His mother's name was Flack. He was in the
employ of defendant at 3s. 6d. a week. On the 11th December
defendant called him into the office, after charging him with
stealing a sovereign in the bar. He searched him, made him take off
his boots, turned his pockets inside out, and said he should fetch a
policeman and a lawyer and give him three months, and ruin his
character for life. He denied all knowledge of the sovereign. He had
5s. in his pocket belonging to his master, and he said “Here, take
this. Perhaps you'll say I stole that”. His master struck him on his
nose and mouth with his fist, and banged his head against the linen
cupboard. His mouth and nose bled. His master was called out, and
being frightened, he ran home to his mother, who saw the state he
was in. Next morning he saw Mrs. Wilson, who saw the condition he
was in. He went with his mother on the 12th to defendant's house,
the Bouverie Hotel, and went into the kitchen with her. Defendant
said “If he uses such language again, I will strike him again”, and
he did so, striking over his mother's shoulder. Defendant told him
to go to ---- and he replied that he had better go that long journey
first. From there they went to Mr. Minter's office. On the 17th
December he went with his mother when she went to the Bouverie Hotel
to take his clothes home. Afterwards summonses were taken out in the
County Court.
In cross-examination by Mr. Watts, plaintiff said: Defendant did not
give me notice to leave before the assault. I left of my own accord
after he had thrashed me. I took off my boots and turned my pockets
inside out by defendant's orders. I did not make use of a filthy or
rude expression when I turned out the 5s. Defendant had not
complained of my being impertinent or lazy. I saw Miss Charley, the
barmaid, and the cook before I left that night. I ran all the way
home to Cheriton. My nose was bleeding when I got home. Next day I
saw the cook. I had my hat on. Mr. Molckenbuhr did not push it off.
He struck me on the nose over my mother's shoulder. I did not ask
for my wages. I went to know about the sovereign, and I fetched my
clothes away. I was in the service of Mr. Franklin, and was
dismissed because he was slack. I then went to Mr. Payer's. He
discharged me, and I then lived at home till I went to the Bouverie
Hotel.
Have you been collecting money for a charity? – That has nothing to
do with this case.
His Honour said the question must be answered, and plaintiff said he
did collect about 3s., which he gave up to another boy who was also
collecting money with a card for a charity.
Emma Flack, mother of the plaintiff, said the boy went home on the
11th at 20 minutes to 10. His appearance was most horrifying. His
mouth and face and nose were swollen and bleeding. His hair was all
rough, his boots undone, and his clothing disarranged. She washed
his face and put him to bed. Mrs. Wilson saw the boy in the morning
about a quarter past eight. She took him to Mr. Molckenbuhr and
complained to him. He said “What about my sovereign – never mind the
boy? I'll do it again”. She said “Don't hit him, hit me”. Defendant
struck over her shoulder and made the boy's nose bleed. On the 17th
she went again to defendant's house with clothes, and asked for
payment of her bill, 18s. 6d. He declined to pay it, and wanted to
deduct 2s., which she refused to allow.
In reply to Mr. Watts, witness said she took away the boy's clothes.
The cook was not in the kitchen when defendant struck the boy. The
cook said she heard the boy's cries. She did not take the boy to the
doctor, but gave him some medicine herself. There was no overcharge
in her washing bill.
Eliza Wilson, wife of a labourer at Cheriton, said she saw the boy
on the 12th. His nose and lips were much swollen, and there was some
blood on the corner of his mouth.
Mr. Watts said a most exaggerated account of the matter had been
given; mountains had been made out of molehills. They had paid into
court a portion of the wages. Defendant did not deny striking the
boy, and 99 out of 100 under similar circumstances would have done
the same, and he quoted an opinion from Blackstone to justify the
assault. In almost all public schools in England boys were
constantly flogged for less offences than that. The defendant had
received a letter from plaintiff's solicitor, threatening him with
an action for malicious prosecution unless he paid the costs of the
boy's defence. The Magistrates considered there was a prima facie
case, and so did the Grand Jury.
His Honour remarked that the Magistrates dismissed the charge. The
second charge of stealing 2s. was not mentioned until five days
after the assault.
Mr. Watts said no permanent injury had been sustained by the boy.
Defendant then deposed that the boy was three weeks and two days in
his service. He was under notice to leave. He frequently used bad
language and was lazy. He left of his own accord, and never offered
to return. He did hit the boy for using very bad language, which he
repeated. The barmaid was either in the bar or the smoking room, and
heard what was said. He did not think he struck the boy more than
twice. He did not knock his head against the wall or the table. A
few drops of blood came from his nose. He did not black his eyes. He
stayed in the room about 20 minutes. Next day he saw him in the
kitchen. He spoke indecently and he put his hand against his hat and
knocked it off. His face was not swollen. The cook was present at
the time.
Cross-examined: After I got the County Court summonses I charged the
boy with theft. I never said before I had given the boy notice to
quit. I had no reason to.
What do you call a good thrashing? You admitted you have given him a
good thrashing. What are you? – A German.
You used your fists and your feet too, didn't you? – No. I never
denied that I gave the boy a good thrashing, and I don't deny it
now. I never told the boy, to my recollection, to go to ----. I said
something to him quite different which he may have misunderstood. I
did not strike over the mother's shoulder when I knocked his hat off
for using indecent language. I don't recollect the observation he
made. I must have had some reason for knocking his hat off. I don't
remember what.
By His honour: It was after he had turned his pockets out and taken
off his boots that he made use of the indecent expression.
Mary Charley, barmaid at the Bouverie, said she saw the boy a few
minutes after the alleged assault and there was no blood on his
face, nor was his face swollen. She saw him a week after and there
were no marks on his face then.
Cross-examined: I am not the manageress. I am only in the bar. I am
over the servants. I had had the sovereign, and it was a question
between me and the boy where it had gone. I was very angry about
losing the sovereign. The boy went into Mr. Molckenbuhr's office. I
could have heard what took place between them, but took no notice. I
did not search the boy. His pockets were out when I saw him, and his
boots unlaced, but not off his feet. I never heard my master swear
at the boy. The boy never said to me “It's no use my going in, he'll
only swear at me”.
Mr. Watts: As to the sovereign, Miss Charley. Did you place it on
the bar? – Yes.
His Honour: Oh! I can't try the sovereign case over again. The
Magistrates disposed of that.
Witness: Mr. Molckenbuhr hit the boy after the expression.
Florence Rendall, cook at the Bouverie Hotel, said there was no
blood on the boy's face when he went away, nor was his face swollen.
His face had the expression of his having been crying. She saw Mr.
Molckenbuhr knock the boy's hat off. He did not hit the boy, nor did
his nose bleed.
Mr. Minter submitted there was no answer to the case. Mr. Watts said
there was justification, but there was no evidence of it. The
defendant admitted that he gave the boy a thrashing to extort a
confession from him. He commented strongly on the conduct of the
defendant in the matter, and contended that instead of instituting
criminal proceedings he should have appeared here that day and
defended the action on the ground of his dishonesty.
His Honour said it was not disputed that the defendant gave the boy
a thrashing, but it was defended on the ground of justification. He
reviewed the facts and said a man had no right to cause another to
submit to a search, which was in itself an assault. He had little
doubt the boy had had an example of bad language set him by the
defendant, and one could not very much wonder if he did use an
offensive expression. The provocation was all on the side of the
master. He referred also to the evidence as to the boy's condition,
and came to the conclusion that he was entitled to damages and to
recover his wages, he having been prevented from fulfilling his
contract by reasonable apprehension of violence. He gave a verdict
for a month's wages and £5 for damages for the assault, with costs
of £10.
|
Folkestone News 18 January 1890.
County Court.
Tuesday, January 14th: Before Judge Selfe.
Henry Herbert Mealing v W.H. Molckenbuhr: Claim for wages and for
£10 damages for assault. Mr. Minter appeared for plaintiff, and Mr.
Watts represented defendant.
The plaintiff was in the service of defendant, who is proprietor of
the Bouverie Hotel, and the facts relating to the boy leaving the
service of his master, and the assault complained of are well known,
as they formed the principal parts of a case for the learned
Recorder and a jury to enquire into at the recent Quarter Sessions,
when plaintiff was tried for stealing 2s. of defendant and
acquitted.
The amount of wages due to plaintiff, less the month claimed in lieu
of notice, had been paid into court.
The plaintiff, who said he was 17 years of age, described the
assault and said that his master struck him on the nose and mouth
with his fist, and banged his head down on the table, and knocked
him against the cupboard door. This was on the 11th of December. On
the next day he went to the hotel with his mother, when defendant
again assaulted him by striking him over the shoulder of his mother,
and scratching his nose.
In cross-examination he said he did not use a filthy expression to
his master when accused of stealing a sovereign. He had collected
3s. for a charity and handed over the sum to another boy.
His Honour did not see what that had to do with the case.
Mr. Watts said it was important as to the credibility of plaintiff.
Mr. Minter retorted that they had thrashed the boy grossly, and now
wished to take away his character, he supposed.
Mrs. Flack, plaintiff's mother, and a neighbour deposed to the
condition the boy was in after the assault.
Mr. Watts complained that a most exaggerated account of the assault
had been given, and that the defendant did not deny striking the boy
when under great provocation caused by plaintiff using a foul
expression to him. A threat of an action for malicious prosecution
had been made by plaintiff's solicitor, but the boy had been
committed by the Bench, who considered there was a prima facie case,
and so had the Grand Jury. He hoped His Honour would see it was a
case for only small damages under all the circumstances.
Defendant admitted the assault, but said it was for using a filthy
expression (repeated by defendant) to him, and he felt justified at
the time in acting as he had done.
His Honour, in giving judgement, said he believed the assault
complained of by plaintiff was committed, and in addition to that
which defendant said he was guilty of, and that the provocation was
all on the side of the defendant.
Judgement for a month's wages at 3s. 6d. per week, and £5 damages
for the assault, with costs on the scale of £10.
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Folkestone Chronicle 30 August 1890.
Annual Licensing Session.
Wednesday, August 27th: Before The Mayor, Major H.W. Poole, Alderman
Pledge, Dr. Bateman, and J. Clarke Esq.
Superintendent Taylor complained of the indifferent manner in which
Mr. Molckenbuhr conducted the Bouverie Hotel, and stated that on the
22nd of July several people were seen to leave the house as twenty
minutes to two in the morning. The evidence, however, was not strong
enough to justify him in bringing a summons against him.
The Bench decided to adjourn the licence until the adjourned
sessions.
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Folkestone Express 30 August 1890.
Wednesday, August 27th: Before The Mayor, Dr. Bateman, Alderman
Pledge, J. Clark, F. Boykett and H.W. Poole Esqs.
The Brewster Sessions were held on Wednesday. Most of the old
licenses were renewed, but some were objected to by the
Superintendent of Police.
In the case of the Bouverie Hotel, the Superintendent of Police said
before the licence was granted he wished to call the attention of
the Bench to the unsatisfactory manner in which the house was
conducted. People were found in the house at two o'clock on the
morning of the 22nd of July. One was a resident in the town, and the
other claimed to be a lodger in the house. There was not sufficient
evidence to warrant the issue of a summons, but he thought it was
his duty to bring the matter before the Bench. The general conduct
of the house was not satisfactory.
The Bench decided to let the application stand over until the
adjourned licensing day.
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Folkestone Chronicle 27 September 1890.
Adjourned Licensing Sessions.
Wednesday, September 24th: Before The Mayor, Colonel De Crespigny,
Major Poole, Alderman Pledge, and J. Clark Esq.
Wilhelm Molckenbuhr, of the Bouverie Hotel, again came up for the
renewal of his licence.
Sergeant Harman said on July the 22nd, at 1.40 a.m., he visited the
applicant's house. Witness heard noises inside, and upon going into
the smoking room he found three men, two of whom were said to be
lodgers. He also saw another man, named White, in the passage. There
were several glasses about. He told Molckenbuhr that he should
report him, and he said he hoped not. He also said two were lodgers,
and they had invited the other two.
Mr. Minter defended, and stated that the Sergeant had given his
answer to the case. He always tried to conduct his house in a proper
manner, and if there were an offence committed on the 22nd of July,
why was Molckenbuhr not summoned? No doubt the Superintendent
followed up the report of the Sergeant and found that he was unable
to make out a case. As Sergeant Harman had told them, two men were
lodgers, and the other two were their friends.
The Mayor said they were determined to uphold the police, and the
applicant had had a very narrow escape. The general cry was that the
police did not do their duty, and when they did they were found
fault with. The licence would be granted.
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Folkestone Express 27 September 1890.
Wednesday, September 24th: Before The Mayor, Colonel De Crespigny,
J. Clark, J. Pledge, W.G. Herbert, and H.W. Poole Esqs.
Adjourned Licenses.
This was the adjourned licensing session, and several certificates
which had been postponed were applied for.
The Bouverie Hotel.
Mr. Minter appeared in support of the application of Mr. W.H.
Molckenbuhr for the renewal of his licence.
The Superintendent had served notice that he should oppose on the
ground that when the house was visited by the police, four persons
were found on the premises.
Sergt. Harman said he visited the house on the 22nd of July at 1.40
and heard a noise inside. He went inside and found four men there –
two were lodgers, and two residents. A number of glasses were on the
table empty. He told defendant he should report him. Two of the men,
Birch and White, were residents, and the landlord said they were
invited by the other two, who were lodgers, and entertained as
friends.
Mr. Minter did not contest the statement of the police, but said the
Sergeant had really given the landlord's answer. He said it was a
pity a summons had not been taken out so that the defendant could
have called the parties to show that there was no offence under the
Licensing Act. He thought he had a right to pray in aid of his
client that on the report being made to the Superintendent – he
would not do the Superintendent the injustice to suppose he treated
a complaint of that sort with no consideration – but he instituted
an inquiry, and he (Mr. Minter) had a right to say that that inquiry
satisfied him that the statement for the landlord was true, and that
it was not a case for prosecution. There was no other ground of
complaint about the house.
The Magistrates granted the renewal, but repeated that the police
had only done their duty. The defendant had had a narrow escape, and
he must be cautious in future. The general idea was that the police
did not do their duty.
Mr. W.H. Harrison watched the case in the interest of Messrs. Nalder
and Colyer, the owners.
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Folkestone Chronicle 11 October 1890.
Saturday, October 4th: Before The Mayor, Aldermen Sherwood, Pledge
and Dunk, Major Penfold, J. Fitness, E.T. Ward and W.G. Herbert
Esqs.
Charles Nash was summoned for assaulting Charles Chandler at the
Bouverie Hotel on the 27th of September, and pleaded Guilty.
Prosecutor, who is an attendant at the Bathing Establishment, stated
that he was at the bar of the Bouverie Hotel about ten o'clock on
the night of the 27th of September when the defendant came in.
Witness called for a drink and laid down sixpence. Shortly
afterwards the barmaid said “Why don't you take up your change, Mr.
Chandler? Your twopence has been lying there long enough”. Witness
told her he thought she had made a mistake, but she said she was
positive he had given her a shilling and witness picked it up. The
change turned out to belong to Nash, and witness was readily giving
it up when Nash struck him in the eye with his fist, having a ring
on his finger at the time.
Clara Cole said she was barmaid at the Bouverie. She remembered the
night in question. There was a mistake about the change, and Nash
struck Chandler in the eye with his fist, the blow knocking him
down. The assault was quite unprovoked. Chandler did not strike Nash
at all. Chandler went out for a policeman directly after the
assault. That was about ten, but Nash did not leave until a little
before eleven.
The Bench fined Nash 5s. and 10s. costs. There was a cross-summons
for an assault which Nash alleged to have been committed outside of
the hotel, but the case was dismissed, Nash having to pay 2s. costs.
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Holbein's Visitors' List 11 February 1891.
Saturday, February 7th: Before Surgeon General Gilbourne, F. Boykett
and H.W. Poole Esqs.
Henri Molckenbuhr, landlord of the Bouverie Hotel, was summoned for
allowing billiards to be played on his premises during prohibited
hours, and Mr. Birch, confectioner, for playing same.
Sergeant Harman said that on Saturday morning, January 31st, about a
quarter past two he saw a light in the billiard room of the
Bouverie. He went away and returned with two constables. They
knocked some time without being able to gain admission, but
subsequently defendant appeared, and in reply to questions said
there was no-one in the house but himself and servant. On searching
the house, however, witness found in one of the rooms a man in bed
whom he recognised as the defendant Birch. His feet were sticking
out of the bed and he was fully dressed. In reply to witness's
question as to what he was doing there, he replied “I don't feel
very well”. Defendant Molckenbuhr affected surprise and said “Oh,
George, how came you here?”
Mr. Minter appeared for defendants and addressed the Bench at some
length. Mr. Molckenbuhr, he pointed out, was not summoned for
opening his premises for the sale of liquor, but because in the eye
of the law he had permitted his billiard room to be open during
prohibited hours, and to that he pleaded Guilty. Mr. Birch was a
friend of Mr. Molckenbuhr's and was there as such. Mr. Molckenbuhr
was under the impression that he was doing no wrong by having his
friend there, and he asked the Bench on that ground to inflict a
nominal fine.
Nominal fines inflicted as follows:- Molckenbuhr, 10s. and 9s.
costs; Birch 1s. and 10s. costs.
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Folkestone Chronicle 14 February 1891.
Saturday, February 7th: Before Colonel De Crespigny, Major H.W.
Poole, W.G. Herbert and F. Boykett Esqs.
William Molckenbuhr, proprietor of the Bouverie Hotel, was summoned
for allowing persons to remain on his premises during prohibited
hours on the 31st ultimo, and George Burch, confectioner, Cheriton
Place, was summoned for being found on the premises at three o'clock
in the morning.
Mr. Minter appeared for defendants, and, on behalf of Molckenbuhr,
pleaded Not Guilty.
Police Sergeant Harman was called and stated that on Saturday
morning, January 31st, about quarter past two, his attention was
called to the Bouverie Hotel, where he observed lights in the
billiard room. He could hear people playing billiards. He went away,
and shortly afterwards returned to the hotel with police constables
Le Mar and Knowles. He placed them at the back and front of the
house, and then rapped at the door for about half an hour before he
could obtain an answer. At quarter to three he went round to the
other side of the house, where he saw Molckenbuhr. He said “I
suspect you have someone in your house”. He replied that there was
no-one but himself and servant. Witness said he must search the
house, and asked to be shown into the top bedroom at the rear of the
house, where he had seen a light. Defendant did not seem to care
about him going into that room, but he insisted upon going. On
entering the room he noticed a pair of boots sticking out of the
bed, and afterwards discovered that defendant Burch was concealed
beneath the clothes. Witness pulled the bedclothes off his head. He
pretended to be asleep, and witness said “Now then, Burch, get up.
You must not think you are going to make me believe you are asleep”,
and pulled him off the side of the bed. Burch got up. He was fully
dressed, with the exception of his hat, and said “What do you mean
by this?” Witness told him he should report him for being on
licensed premises during prohibited hours. He replied “I didn't feel
very well, so I thought I would come up and have a lay down”.
Witness told him he did not believe it and advised him to put his
hat on and go, but afterwards he engaged the bed for the night. He
made no complaint of illness.
P.C. Harry Le Mar stated that he saw the defendant leave the house
about quarter to four in the morning.
Mr. Minter, in defence, remarked that Molckenbuhr was ignorant of
the fact that he had committed an offence. He was not charged with
selling liquor, and, as a matter of fact, no liquor was sold because
Burch was a teetotaller. Burch was a friend of Mr. Molckenbuhr, and
went there to play a game of billiards. Molckenbuhr was ingnorant
that he was obliged to close his billiard room when he closed his
house. He was perfectly entitled to have his friends there, but they
must not play billiards. Mr. Minter then alluded to the appeal case
which was heard before Baron Bramwell with reference to a similar
matter at the Swan Hotel, Hythe. The Baron held that the decision of
the Magistrates was right, but he agreed that it was an anomaly
which ought to be altered. Molckenbuhr desired him to say that he
was not aware of the law and that he was very sorry if he had
committed an offence. Burch, under the circumstances, would plead
Guilty to being on the premises.
Colonel De Crespigny said there was no excuse for them not knowing
the law. Molckenbuhr would be fined 10s. and 9s. costs, and Burch
1s. and 10s. costs.
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Folkestone Express 14 February 1891.
Saturday, February 7th: Before Colonel De Crespigny, Major H.W.
Poole, W.G. Herbert and F. Boykett Esqs.
George William Molckenbuhr (sic), landlord of the Bouverie Hotel,
was summoned for allowing billiards to be played in his house during
prohibited hours on the 31st January.
Mr. Minter appeared for the defendant, and said he would plead
Guilty, with the explanation he would presently give.
Sergeant Harman said on Saturday morning, the 31st January, about a
quarter past two, his attention was drawn to the Bouverie Hotel. He
saw lights in the billiard room and heard the balls. He went away
and fetched two constables, Lemar and Knowles, placing one at each
door. He then rapped at the side door for about half an hour, and at
the end of that time the defendant came with his servant. He said to
defendant “I suspect you have someone in the hotel. I have heard
them playing billiards for a long time, and there are lights in the
room”. Defendant said “I have no-one in the house; only myself and
my servant”. He replied “That won't satisfy me. You show me the
front room at the top of the house”. Defendant took him to the other
side of the house and to a bedroom, which was all clear. The bed had
been turned down, and it was warm. Defendant said that was his
servant's room. They went out of the room, and he asked defendant to
show him another room. He went in and saw a man lying there, covered
up in bed. He had his boots on and they were sticking out.
(Laughter) He pulled the clothes off and saw it was George Burch, of
Cheriton Road. He pretended to be asleep. Witness said “Wake up,
Burch; you must not try to make out that you are asleep, because I
don't believe it”. Burch was dressed with the exception of his hat
and coat. He asked him how he accounted for being there, and he
replied “I don't feel very well”. Witness said “That won't satisfy
me”. He said he had engaged a bed for the night, and went back into
the room. There was no-one else on the house.
George Burch was then charged with being found in the house on the
same day.
Mr. Minter said he pleaded Guilty to being there, but that he was
justified in being there and not in contravention of the Act.
Sergeant Harman repeated his evidence, and said the defendant was a
married man living in Cheriton Road, Folkestone.
P.C. Lemar said he watched the house by direction of Sergt. Harman,
and saw Mr. Burch leave at a quarter to four in the morning.
Mr. Minter then addressed the Bench on behalf of the defendants. As
far as the first summons was concerned, against Molckenbuhr, the
charge, as the Bench would observe, was that, holding a victualler's
licence, he unlawfully allowed billiards to be played at a time when
the premises by law were not allowed to be open for the sale of
wines and liquors. The defendant had pleaded Guilty to that, and he
would tell them why – because in ignorance of the law he permitted
the room to be open. The Superintendent knew the law better, and Mr.
Molckenbuhr was summoned for the offence he undoubtedly had
committed. But he desired to call the attention of the Bench to
this, that he was not charged for having the premises open for the
sale of liquor – there was no pretence for saying there was any sale
of liquor going on, or that he had his house open for the sale of
liquor. As a fact, his friend Burch was a teetotaller. He was a
friend of the landlord's, and in the habit of going to the house. If
he had simply been in the bar of the house there would have been no
offence, if the Magistrates were satisfied he was there as a friend.
It was a very peculiar state of the law in regard to billiard rooms.
That was the reason he had advised him to plead Guilty, because
technically there was no answer to the case. The law had been
defined in two cases with regard to billiard rooms, but it was an
anomaly. There was the case of Ovenden and Raymond, where the Lord
Chief Justice himself said the law was an anomaly, and certainly he
did not believe it was the intention of the legislature that it
should be so. But there it was, and the law must be obeyed. There
was the case of Mr. Ovenden, at Hythe. It was a case before the
magistrates. The defendant was the proprietor of the Swan Hotel at
Hythe, and the parties playing at billiards were commercial
travellers who were staying bona fide in the hotel, and they had
played billiards after eleven o'clock. There was a conviction, and
it was carried to the Court of Appeal, and the Court held that it
was a righteous conviction, and that a licensed house must under all
circumstances close it's billiard room at eleven o'clock, not only
to lodgers staying in the house, but to friends being entertained by
the landlord. So that the law as it at present was that a landlord
might have his friends in any room he liked in the house and
entertain them with liquor, notwithstanding that the closing hour
was passed, except in the billiard room. If it was a beerhouse with
a billiard licence, they might continue to play billiards up to one
o'clock in the morning. He believed that was the law. Mr. Molckenbuhr was under the impression that he might have his friends
playing at billiards up to any hour he liked. But he was afraid, on
looking at the law on the subject, that the landlord was bound to
have his billiard room closed, and a friend had no right to go into
a billiard room to play billiards after eleven o'clock. As to
keeping the door closed, Mr. Molckenbuhr was very particular not to
allow anyone in his house after hours. People did go sometimes to
the side door, but he would not admit them. That accounted for the
police being kept standing outside. Had the police gone to the front
door they would have been admitted at once.
The Bench considered there had been a breach of the law, and Colonel
De Crespigny told Mr. Molckenbuhr that it was no excuse that he did
not know the law – he ought to have known it. He would be fined 10s.
and 9s. costs, and Burch 1s. and 10s. costs.
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Folkestone Herald 14 February 1891.
Local News.
Mr. W.H. Molckenbuhr, landlord of the Bouverie Hotel, was on
Saturday last fined 10s. and costs for allowing billiards to be
played in his house after eleven o'clock at night.
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Folkestone Chronicle 29 August 1891.
Wednesday, August 26th: Before J. Clarke, J. Pledge, J. Holden, W.
Wightwick, H.W. Poole and F. Boykett Esqs.
Annual Licensing Sessions.
The renewal of the licence of the Bouverie Hotel (Mr. Molckenbuhr)
was objected to by Supt. Taylor.
Mr. Hall said he appeared for the defendant. The offence was not a
very serious one, and he hoped the Bench would deal with it now. The
defendant was only fined 5s.
Supt. Taylor: Put another five on to it.
The Chairman: It is the opinion of the Bench that the case should be
adjourned.
The adjourned Sessions will be held on the 23rd of September.
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Southeastern Gazette 1 September 1891.
Licensing Sessions.
The annual Licensing Sessions were held on Wednesday, when
objections were raised against the renewal of the licences for the
Globe Hotel, the Bellevue Hotel, The Bouverie Hotel, and the Tramway
Tavern. Mr. Rooke appeared on behalf of the council of the
Folkestone Temperance Society, and the whole of the cases were
eventually adjourned until Sept. 23.
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Folkestone Chronicle 26 September 1891.
Wednesday, September 23rd: Before J. Clarke Esq., Major Poole, J.
Holden, W. Wightwick, F. Boykett and J. Pledge Esqs.
Adjourned Licensing Sessions.
The Bouverie Hotel.
Mr. Molckenbuhr, the landlord of the Bouverie Hotel, applied for the
renewal of his licence, and was supported by Mr. Minter.
Supt. Taylor said the applicant was fined 10s. and 9s. costs for
having his house open after hours.
Mr. Minter said the Bench would recollect that this was a very
peculiar case. It was proved that Mr. Birch was a guest, playing a
friendly game of billiards. As he pointed out at the time, a
landlord might have a friend in the house and supply him with
liquor, but he must not play billiards. Birch was fined 1s., but no
liquor was supplied as Mr. Birch was a teetotaller.
The licence was granted.
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Folkestone Express 26 September 1891.
Wednesday, September 23rd: Before J. Clark, J. Holden, H.W. Poole,
W. Wightwick, F. Boykett and J. Pledge Esqs.
Adjourned Licensing Day.
The Bouverie Hotel.
Mr. W.H. Molckenbuhr applied for a renewal of this licence. Mr.
Minter appeared for the applicant.
Superintendent Taylor said the defendant was convicted on the 6th
February for having the house open after hours and allowing
billiards to be played. He was fined 10s. and costs.
Mr. Minter said it was proved to the satisfaction of the Bench that
the applicant was playing billiards with a friend. It was a peculiar
case, and although he was obliged to admit there had been an
infringement of the Act, only small fines were imposed.
The licence was granted.
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Folkestone Express 5 March 1892.
Local News.
On Saturday at the Folkestone Petty Sessions, before J. Holden, J.
Pledge, J. Fitness, and E.T. Ward Esqs., William H. Molckenbuhr was
summoned for having his house, the Bouverie Hotel, open for the sale
of liquor during prohibited hours. Mr. Minter appeared for the
defendant, and Mr. Worsfold Mowll on behalf of Messrs. Nalder and
Colyer, the owners. The case was extremely simple and the facts were
admitted, but the hearing occupied nearly an hour. Sergeant Swift
said he visited the house at 25 minutes past twelve. He had noticed
that there were lights in the bar and the room adjoining, and a
sound like the shaking of dice. He heard the defendant say “I'll
have a look out”, and he unbolted the door leading into the road
under the archway. Witness pushed in and saw two men sitting there,
one of them having a glass of port wine before him, and the other a
tankard of ale.
Mr. Minter addressed the Bench on the defendant's behalf; his
explanation was that one of the persons was there on business, and
the other had left at 11 o'clock, but had returned, as he said, to
get his hat, when, as he was the worse for liquor, the defendant
allowed him to remain for a time. Mr. Mowll said Messrs. Nalder and
Colyer were most anxious that their house should be conducted in a
manner which would meet the approval of the Bench, and the effect of
a conviction would be that the defendant would have immediate notice
to quit.
The Bench fined the defendant £2 10s. and costs, and did not endorse
the licence. A second summons for permitting drunkenness was not
proceeded with.
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Folkestone Express 9 April 1892.
Wednesday, April 6th: Before H.W. Poole, J. Brooke and W.G. Herbert
Esqs.
Transfers.
The licence of the Bouverie Hotel was transferred to Mr. Collard.
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Folkestone Express 23 April 1892.
Wednesday, April 20th: Before The Mayor, Aldermen Pledge, Sherwood
and Dunk, J. Fitness, J. Holden, Geo. Spurgen and W. Wightwick Esqs.
Transfer.
The licence of the Bouverie Hotel was transferred to Mr. Pollard.
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Folkestone Herald 18 June 1892.
Local News.
On Thursday, in the Queen's Bench Division of the High Court, a case
was heard in which Mrs. Harriet Mockenbuhr sued her husband, W.H.
Molckenbuhr, the late proprietor of the Bouverie Hotel, for £207,
which she had advanced to enable him to take the hotel.
Mr. G.H. Candy, instructed by Messrs. Watts and Watts, solicitors,
appeared for the plaintiff, and the defendant was represented by
counsel instructed by Mr. C.A. Rawlings.
The jury having found a verdict for the plaintiff, judgement was
given in her favour for the full amount claimed, with costs.
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Folkestone Visitors' List 22 June 1892.
Kaleidoscope.
A local law case of some notoriety was heard on Friday last before
Mr. Justice Vaughan Williams and a common jury. Mrs. Molckenbuhr
made a claim against her husband, late of the Bouverie Hotel, for
£207 money lent to him. Mr. G.H. Condy (instructed by Messrs. Watts
and Watts, solicitors, Folkestone), appeared for the plaintiff, and
Mr. Wedderburn (instructed by Mr. C.A. Rawlings, solicitor) appeared
for the defendant. The plaintiff, it appears, provided her husband
with the money to take the Bouverie previous to their marriage.
After marriage, it appears, differences arose between them, and they
separated. Plaintiff at once served her husband with a writ,
claiming the sum in question as money lent. The defendant, however,
claimed the money was a gift. Hence his refusal to pay and the
action-at-law. Evidence having been heard and arguments in support
of both contentions having been adduced, Mr. Vaughan Williams summed
up, leaving it for the jury to decide whether the money was lent or
given, and if lent whether the wife before or after marriage forgave
the debt. The jury found for the plaintiff, and judgement was given
accordingly.
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Folkestone Chronicle 25 June 1892.
Local News.
The following action was heard before Mr. Justice Vaughan Williams
and a Common Jury on Friday. It was a claim by Mrs. Molckenbuhr
against her husband for £207, money lent to him. Mr. G.H. Condy,
instructed by Messrs. Watts and Watt, solicitors, Folkestone,
appeared for the plaintiff, and Mr. Wedderburn, instructed by Mr.
C.A. Railings, solicitor, appeared for the defendant.
The plaintiff, formerly a ladies' maid in the service of the Bishop
of Truro, became acquainted with the defendant in 1877, and from
that time till 1889 they corresponded. In 1889 the defendant was out
of employment, and plaintiff provided him with the sums of £105 and
£102, with which he took the Bouverie Hotel at Folkestone. A year
later they were married, but differences quickly arose between them,
and on March 21st, 1892, she left her husband, and at once served
him with a writ. By this writ she claimed the above sums of money as
money lent. The defendant contended that the money was a gift, and
even if it were originally a loan, there was a presumption that she
made a gift of it by marriage, and that there was nothing to rebut
the presumption. The plaintiff, called, said she became engaged to
the defendant in 1889, and as he wished to take a business she said
she would lend him the money she had in the bank, and she lent him
£207. A year later they were married. She had several conversations
about the money, and he agreed to return it, and they separated, and
the money was never paid. In cross-examination she said she lent the
defendant the money because she trusted him, and believed the
business he was going to take was a good one, but she never got a
receipt for her money, nor did she ever ask for interest on it.
William Henry Molckenbuhr, the defendant, was then called by Mr.
Wedderburn, and said that the plaintiff simply asked him to accept
the money, and in consequence of that he took the hotel. Nothing was
said as to whether it was a gift or a loan; his wife had made no
suggestion that it was a loan.
Mr. Justice Vaughan Williams summed up, and left to the jury the
questions whether the money was lent or given, and if lent, whether
the wife before or after marriage forgave the debt.
The jury found for the plaintiff, and judgement was given
accordingly.
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Folkestone Express 25 June 1892.
Local News.
On Thursday and Friday, before Mr. Justice Vaughan Williams and a
common jury, the case of Molckenbuhr v Molckenbuhr was tried. It was
a claim by Mrs. Molckenbuhr against her husband for £207, money lent
by her to him. Mr. G.H. Condy, instructed by Messrs. Watts and
Watts, solicitors, Folkestone appeared for the plaintiff, and Mr.
Wedderburn, instructed by Mr. C.A. Rawlings, solicitor, for the
defendant.
The plaintiff, formerly a ladies' maid in the service of the Bishop
of Truro, became acquainted with the defendant in 1877, and from
that time till 1889 they corresponded. In 1889 the defendant was out
of employment, and plaintiff provided him with the sums of £105 and
£102, with which he took the Bouverie Hotel at Folkestone. A year
later they were married, but differences quickly arose between them,
and on March 21st, 1892, she left her husband, and at once served
him with a writ. By this writ she claimed the above sums of money as
money lent. The defendant contended that the money was a gift, and
even if it were originally a loan, there was a presumption that she
made a gift of it by marriage, and that there was nothing to rebut
the presumption.
Mr. Condy having read some correspondence between the parties to
support the plaintiff's contention that the money was a loan, Mr.
Wedderburn submitted that the marriage raised a presumption in law
as well as in fact that the money was a gift, and referred to a case
recently decided before Mr. Justice A.L. Smith. His Lordship,
however, said he was not prepared to hold so.
The plaintiff, called, said she became engaged to the defendant in
1889, and as he wished to take a business she said she would lend
him the money she had in the bank, and she lent him £207. A year
later they were married. She had several conversations about the
money, and he agreed to return it, and they separated, and the money
was never paid. In cross-examination she said she lent the defendant
the money because she trusted him, and believed the business he was
going to take was a good one, but she never got a receipt for her
money, nor did she ever ask for interest on it.
William Henry Molckenbuhr, the defendant, was then called by Mr.
Wedderburn, and said that the plaintiff simply asked him to accept
the money, and in consequence of that he took the hotel. Nothing was
said as to whether it was a gift or a loan; his wife had made no
suggestion that it was a loan.
Mr. Wedderburn having addressed the jury for the defendant, and Mr.
Condy for the plaintiff, Mr. Justice Vaughan Williams summed up, and
left to the jury the questions whether the money was lent or given,
and if lent, whether the wife before or after marriage forgave the
debt.
The jury found for the plaintiff, and judgement was given
accordingly.
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Folkestone Chronicle 4 November 1893.
Saturday, October 28th: Before The Mayor and Messrs. Fitness, Holden
and Dunk.
James Pinches, an old cab driver, who is familiarly known as Ally
Sloper, appeared as the prosecutor in a charge of theft from the
person preferred against a young woman named Polly Lillian.
Pinches stated that he lived at 3, East Cliff. On Friday night he
was in the Bouverie Hotel from 8.30 to 10.15. While he was there the
prisoner and another young woman came in, and at their request he
treated them. He changed a half sovereign and he received 9s. 8d. in
change. He put the 9s. 6d. which he had received in silver into his
left hand trousers pocket, and the two coppers into his right
pocket. The women left the house half an hour before he did. While
he was on his way home they came up to him and walked along one on
each side of him. When they got into Alexandra Gardens, one stood in
front of him, and the prisoner took the silver (9s. 6d.) out of his
pocket. Witness caught hold of her wrist, and managed to hold her
until a policeman came up.
In answer to the prisoner, witness said he did not ask her to go for
a walk with him.
When asked whether he did not give her the money, he caused some
amusement by replying emphatically “Lor' bless you, no!”
P.C. F. Nash said on Friday night about 10 minutes to 11 he was in
Bouverie Road East, and he saw the prisoner there with another woman
not in custody. The prosecutor said he wished to give the prisoner
in charge for stealing 9s. 6d. from him. The prisoner replied “Don't
believe him”. Witness took her to the police station.
Superintendent Taylor put in a statement which was made by the
prisoner to the effect that the prosecutor treated her and Pattie
Pain at the Bouverie. A question arose about some money which he had
given prisoner and Pinches gave her into custody on a charge of
robbing him.
The prisoner elected to be dealt with summarily and said she was not
guilty of taking the money. The prosecutor had asked her on many
occasions to elope with her.
She was sentenced to 14 days' hard labour, and the money found on
the prisoner was ordered to be returned to the prosecutor.
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Folkestone Express 4 November 1893.
Saturday, October 28th: Before The Mayor, Aldermen Dunk and Pledge,
J. Fitness and J. Holden Esqs.
Polly Lillian was charged with stealing from the person of James
Pinches the sum of 9s. 6d.
Prosecutor, a cabman, who is very deaf, said he was at the Bouverie
Hotel on Friday night from half past eight to a quarter to ten.
Prisoner and another woman went into the house while he was there,
but went into another compartment of the bar. They asked him to
treat them, and he treated them to twopennyworth each, changing a
half sovereign and receiving 9s. 8d. – a five shilling piece, four
shillings, sixpence, and twopence. He put the silver in his left
trousers pocket and the twopence in the right. Prisoner left the
house half an hour before he did. As he was going home, the prisoner
and another rushed at him. He thought they were friends going to see
him home, but when they got into Alexandra Gardens the prisoner went
in front of him and put her hand in his pocket. He held her hand,
but she was too strong and struggled and took it out of his pocket.
He held her till a policeman came. She took all the 9s. 6d.
Prisoner: Didn't you ask me to go for a walk with you? – God bless
you, no. (Laughter) It didn't take four minutes altogether.
Didn't you give me a 5s. piece? – No.
Prisoner: Didn't you ask me to go round the corner, and say you
would give me half a crown? – Good gracious, no. (Laughter) The two
women were together. We only just got round the corner before the
money was gone.
The prisoner protested that the prosecutor gave her a five shilling
piece and she was to give him 2s. 6d. change.
P.C. Nash said on Friday night, about ten minutes to eleven, he was
in Bouverie Road Esat. He heard loud talking and went to Alexandra
Gardens He saw prisoner there with another woman and the prosecutor.
Prosecutor said he wished to give the prisoner in charge for
stealing 9s. 6d. from him. Prisoner replied “Don't believe him”. He
took her to the station and she was charged by Superintendent
Taylor. She said “Ain't I allowed to make a statement?”
Rachael Sharp, female searcher, said she searched the prisoner at
the police station. She gave her a 5s. piece, and she found a purse
with 4s., two sixpences, and twopence in her pocket.
Superintendent Taylor produced the prisoner's statement. It was “I
know prosecutor. I saw him in the Bouverie and asked him to treat
me. He treated me and Patty Pain. We came out and I asked him to go
for a walk. We went round the corner and he gave me a five shilling
piece, and I was supposed to give him the change. When I did not
give him the change he called a policeman and gave me in charge, and
accused me of robbing him”.
Prisoner pleaded Not Guilty and elicited to be tried summarily. She
added that “Mr. Pinches had on many occasions asked her to elope
with him. (Laughter) He said he would sell his house and go to
London or somewhere else”.
She was sentenced to 14 days' hard labour, and the Bench told the
complainant that he was a silly old man.
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Folkestone Chronicle 26 July 1895.
County Court.
Tuesday, July 23rd: Before Judge Selfe.
Thomas George Atfield v E.W. Dabbs, Bouverie Hotel, Bouverie Road
E.: Amount claimed 8s. 4d. – 5s. for wages and 3s. 4d. for money
deducted from wages because of non-payment of billiard table charges
to plaintiff when employed as a marker at the hotel.
Atfield is a young man who is employed as a billiard marker at the
Bouverie Hotel. He gave notice to leave his situation, and went at
the end of the week, instead of on Monday, when his work terminated,
in consequence of which the 5s. due to him for five days' work at
7s. per week was not paid to him. A gentleman had played five games
at billiards and gone off without paying for them, and Dabbs had
deducted this sum from the weekly wages paid to the young marker.
Dabbs said he had told the marker not to play billiards, and not to
allow the man who had not paid for his games to play – as he was
only a drunken waiter. Atfield's notice did not expire until Monday
night, and he left on the Saturday before. He behaved badly during
the week. He went out on a two hours' leave to get married, and
stayed out eleven hours.
His Honour: Two hours to get married in is not much.
Dabbs: It is enough for a man in his position in life.
His Honour: Two hours is certainly not a long time for a honeymoon.
There must be a verdict for the defendant in this case, but I advise
you to pay the young fellow the five shillings.
Dabbs: I will give him something.
His Honour: I cannot order you to pay the money, but I advise you to
do so.
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Folkestone Chronicle 23 October 1897.
Wednesday, October 20th: Before The Mayor and Messrs. W. Wightwick
and H.W. Stock.
Mrs. Farmfield was granted temporary authority to sell at the
Bouverie Hotel.
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Folkestone Express 23 October 1897.
Wednesday, October 20th: Before The Mayor, H.D. Stock, and W.
Wightwick Esqs.
Mrs. Farmfield was granted a temporary authority to sell at the
Bouverie Hotel.
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Folkestone Chronicle 16 June 1900.
Wednesday, June 13th: Before Messrs. Fitness, Pledge, Pursey,
Wightwick, Vaughan, and Spurgen.
The landlord of the Bouverie Hotel, Mr. F. Riddle, received the
necessary permission to have the licence of the hotel transferred to
himself.
The Chief Constable explained that the licence had been granted to
Mr. Riddle's wife, who, at the time, was a widow. Since then she had
married Mr. Riddle, who naturally wished to hold the licence.
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Folkestone Express 16 June 1900.
Wednesday, June 13th: Before J. Fitness, W. Wightwick, C.J. Pursey,
and J. Pledge Esqs.
The Bench acceded to the provisional transfer of the licence of the
Bouverie Hotel from Mrs. Farnfield to Mr. Riddall, who had for some
time past acted as manager at this establishment, and had recently
married Mrs. Farnfield.
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Folkestone Herald 16 June 1900.
Folkestone Police Court.
On Wednesday last licence was granted to Mr. A.M. Riddal, for the
Bouverie Hotel.
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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.
Arthur M. Riddall was granted transfer of the licence of the
Bouverie Hotel.
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Folkestone Herald 4 August 1900.
Folkestone Police Court.
On Wednesday, the Bouverie Hotel licence was transferred to Mr.
Arthur Maxwell Riddell.
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Folkestone Chronicle 4 May 1901.
Saturday, April 27th: Before Messrs. Pledge, Vaughan, and Stainer,
and Lieut. Col. Westropp.
Thomas Kearns, an out-porter, was charged with being drunk on
licensed premises on the evening of the 23rd inst. Defendant, who
pleaded Not Guilty, was represented by Mr. G. Haines.
Sergt. Osborne said at 9.30 p.m. on the 23rd he was passing the
Bouverie Hotel, Bouverie Road, and saw the defendant come out of the
side bar door, where he fell down. After a minute or two defendant
again went into the bar. He was very drunk. At 9.45 he (sergeant)
entered the house, and found defendant hanging over the counter. He
called the barmaid's attention to the drunken condition of the man,
and she replied “Well, he is not so very bad, but he has not had
anything to drink in this house”. The landlord then came into the
bar, and the man's condition was pointed out to him. The landlord
replied “He has been here 20 minutes, but has not had anything to
drink”. He (the sergeant) then ejected defendant from the premises.
Going down the road he staggered from one side to the other.
Cross-examined by Mr. Haines: He was quite certain the defendant was
drunk. Witness said he followed him home, but he did not run into
anybody, and, added the officer, as good luck would have it, there
was no traffic about.
P.C. Charles Lawrence said on Tuesday night, the 23rd, about 9.50,
he was in Guildhall Street, and saw the defendant with a truck. He
was very drunk and staggering from one side of the road to the
other. Witness let him go as he was going quietly.
P.C. Lennard Johnstone said at 7.45 p.m. on the 23rd he saw the
defendant outside the Bouverie Hotel. Defendant was very drunk then.
Mr. Haines, addressing the Bench, previous to calling evidence for
the defence, said he thought the police were quite right in bringing
a case before the Magistrates when any doubt arose. He did not find
fault with the police, but from the evidence he was going to call he
would submit that the police had made a bona fide mistake. Defendant
was an Irishman of an excitable temperament, and his conduct led up
to the mistake. On the evening in question Kearns had only been
served with two pints of cold fourpenny, which was familiarly known
as “Burst Waistcoat”, which, being interpreted, meant that anyone
might drink enough to burst their waistcoat before getting
inebriated. Defendant's wife worked at the Bouverie, and he would
wait at the house between trains, often eating his bread and cheese
on the premises. Regarding the rolling tendency alleged by the
police, Mr. Haines held that his client usually, through tender
feet, did walk in that way.
Miss Hadaway, the barmaid at the Bouverie Hotel, Charles Hadaway, a
fly driver, her father, William Adams, of Vale House, Dover Road,
and Alexandra Morgan, a groom, residing in Dover Road, all gave
evidence alleging the sobriety of defendant on the night in
question.
The Bench retired, and after an absence of five minutes the Chairman
said they had given every attention to the ingenious and able
defence, but it had failed to convince them. Fined 5s. and 15s.
costs, or 14 days'.
Mr. Haines asked for time to pay.
The Chief Constable said he did not wish to be hard, but defendant
had found means to secure an advocate.
The Bench left the matter in the hands of the Chief Constable, who,
however, did allow a little time to pay.
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Folkestone Express 4 May 1901.
Saturday, April 27th: Before J. Pledge, T.J. Vaughan, and J. Stainer
Esqs., and Lieut. Col. Westropp.
Thomas Kearns, an out-porter, was summoned for being drunk on
licensed premises on April 23rd. Mr. G.W. Haines appeared for the
defendant, and pleaded Not Guilty.
Sergt. Osborne said at 9.30 p.m. on Tuesday, the 23rd, he was
passing the Bouverie Hotel and saw defendant come out of the side
bar and fall down. He subsequently returned to the bar again. He was
very drunk. At 9.45 p.m. witness entered the house and saw defendant
leaning over the counter. He called the barmaid's attention to his
drunken condition, and she replied “He isn't very bad; he has not
had anything in this house”. The landlord went into the bar and said
he knew he had been in about 20 minutes, but he had not served him
with anything to drink. Witness then ejected the defendant from the
premises. He then took hold of a truck outside and staggered from
one side of the road to the other.
Questioned by Mr. Haines: He heard loud voices inside. The defendant
was not particularly excited, but when he was the worse for liquor
he talked very much. The landlord did not ask him to eject the
defendant.
By the Chief Constable: Neither the landlord nor barmaid said the
defendant was sober.
P.C. Charles Lawrence said on Tuesday night, about 9.50 o'clock, he
was in Guildhall Street, and saw the defendant with a truck, very
drunk, staggering from one side to the other, muttering something to
himself. He let him go on as he was quiet.
P.C. Leonard Johnson said about 7.25 p.m. on the same night he saw
the defendant very drunk outside the Bouverie Hotel. He put his
truck under the arch. As he was only drunk he did not say anything
to him.
Mr. Haines (for the defendant) said he ventured to say without any
reflection on the police, who were quite right to bring forward any
cases where there was a doubt, that it was one of those cases where
a mistake had been made by the police. Defendant was an Irishman,
and of an excitable temperament.
Miss Ellen Haddaway, barmaid at the Bouverie Hotel, said the
defendant was a regular customer and his wife did the washing.
Whilst waiting for the trains, he would put his truck in the archway
and have his meals. The defendant was naturally of an excitable
temperament. On the night in question, witness had served him at
intervals, serving him with two pints of beer. He had not had any
beer for quite three quarters of an hour when the Sergeant came in.
The Sergeant said to witness “This man is beastly drunk”, and
witness replied “I don't think he is, is he?” Witness did not
suggest that defendant should be put out, nor did the landlord in
her presence. In her opinion the defendant was sober. Had she
thought he was drunk she would not have served him at all.
By Supt. Reeve: The defendant was exceptionally serious that
morning. On the evening in question, he asked for more liquor after
the two pints, but she did not serve him because he had not any
money. She was quite sure the defendant was sober, and she had never
known the police to eject a sober man.
Charles Haddaway, a flyman, said on the evening in question he went
to see his daughter, the last witness. He saw the defendant when the
Sergeant went in. His condition was excitable, but he went out quite
quietly.
By the Chief Constable: He saw the defendant after the Sergeant had
ejected him, and he was sober. He thought it was strange that the
police should eject a sober man.
Wm. Adams, a stableman, and who resides in Dover Road, said he saw
the defendant, and he was not creating a disturbance more than he
usually did.
Alexander Morgan, 23, Dover Road, said he heard no noise whatever.
There was nothing in his conduct which made him think he was drunk.
By the Chief Constable: The defendant had not to his knowledge been
drunk, but was very excitable by nature.
The Bench retired, and after a lengthy deliberation they returned
into Court, and said the defendant had been ably defended by Mr.
Haines, but he had failed to convince the Magistrates that the
police were wrong in their estimation, and the Bench were unanimous
that defendant was drunk, and they imposed a fine of 5s. and 15s.
costs, or in default 14 days' imprisonment.
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Folkestone Herald 4 May 1901.
Saturday, April 27th: Before Alderman J. Pledge, Messrs. Vaughan and
Fitness, and Lieut. Col. Westropp.
Thomas Kearns was charged with being drunk on licensed premises on
the 23rd April. Mr. Haines appeared for defendant, who pleaded Not
Guilty.
Sergt. Osborne said at 9.30 p.m. on the 23rd he was passing the
Bouverie Hotel when he saw defendant come out of the side bar door
and fall down in the road. After a few minutes he went into the bar
again. He was very drunk. At 9.45 witness entered the house and
found defendant laying over the counter. He called the attention of
the barmaid to the man's drunken condition, and she replied “Oh, he
is not so very bad, but he has not had anything to drink in this
house”. The landlord then came into the bar, and on witness pointing
out the man's condition to him, said “I know he has been here about
twenty minutes, but I have not served him with anything to drink”.
Witness then ejected defendant, who would not go away until he
threatened to lock him up. Then he went outside, took his barrow,
and went down the road staggering from one side to the other.
By Mr. Haines: He had heard defendant talking loudly in the bar, and
saw him fall over when he came out. He had not quite made up his
mind that the man was drunk when he went into the house.
P.C. Laurence said at about 9.50 on the 23rd inst. he saw defendant
with a truck in Guildhall Street. He was very drunk, and staggering
from one side of the road to the other, muttering something to
himself. He did not speak to him because he kept going.
P.C. Leonard Johnson also proved seeing defendant in Bouverie Road
very drunk at 7.45 on the 23rd inst.
Mr. Haines ventured to say, without any reflection on the police at
all, that a bona fide mistake had been made. It was well known that
at times defendant got very excited. His wife did the washing at the
Bouverie Arms (sic), and he was an out-porter at the Central
Station. On the day in question defendant went into the house about
8 o'clock, and had two pints of 4d. beer, which was vulgarly known
as “burst waistcoat”, because they could drink and drink and never
get drunk. He was very excited at the time. He had not tried
wheeling a barrow himself, but he should think, considering the
state of the Folkestone roads, they could not always wheel a barrow
straight.
Miss Haddaway, barmaid at the Bouverie Arms (sic), said defendant
was a regular customer. He was of a very excitable temperament. She
never trusted him for what he could not pay for. He came into the
house about 8 o'clock on the 23rd, and had two pints of mild fourpenny. It was three quarters of an hour before the sergeant came
in that the man had been served with the second pint. He had asked
for more, but she did not serve him, as he had no money to pay for
it. The sergeant said “This man's beastly drunk”. Defendant was not
laying over the counter, but was standing up. She said to the
sergeant “I don't think he is drunk”. Witness called the landlord,
but neither she not the landlord asked that the man should be put
out. In her opinion the man was sober.
By the Chief Constable: Defendant was very serious that morning. She
did not tell the sergeant that the man was sober, but she was
prepared to swear now that he was perfectly sober.
Charles Haddaway, fly driver, said he was in the Bouverie Arms (sic)
at about 8.45 on the same night. He was not in the same bar as
defendant, but could see him. From what he saw, defendant was quite
sober.
William Adams, a stableman, who was also in the house, said he
formed the opinion that the man was perfectly sober.
Alexandra Morgan, groom, also proved that defendant was sober.
The Magistrates retired, and on returning after about ten minutes'
deliberation, the Chairman said the defence had been very capably
put, but the Magistrates were of opinion that defendant was drunk.
He would be fined 5s. and 15s. costs, or fourteen days'.
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Folkestone Chronicle 18 June 1904.
Saturday, June 11th: Before Lieut. Colonel Westropp, Mr. W.
Wightwick, Mr. W.G. Herbert, and Lieut. Colonel Penfold.
Susan Foster, a respectably dressed young woman, was charged with
attempting to commit suicide by taking a quantity of poison.
The accuse woman, who was in a highly nervous condition, repeatedly
cried throughout the proceedings, and by her actions created a
profound feeling of pity even among those Saturday morning loafers
who frequent the Court and complain all the time of the scarcity of
work.
The first witness called was Arthur Maxwell Riddall (landlord of the
Bouverie Hotel, Bouverie Road East). Mr. Riddall said: The prisoner,
Susan Foster, is in my employ as housemaid. Last evening, about
9.15, I was called from the billiard room, and from something my
wife told me I went to the kitchen, where I found the prisoner
sitting upon a chair. My wife was holding the woman's head, and she
said to me “You will find a letter on the mantle shelf”. I took the
letter (produced) and opened it.
The Clerk (Mr. Andrews) suggested that for obvious reasons the
address need not be read. He then read the contents in a low voice
to the Magistrates. The only lines which the Press could gather were
“When you get this I shall be poisoned. It is all through that
filthy hound”.
Witness (continuing): After having read the letter, I communicated
with the police and Dr. Fitzgerald. I was afterwards handed a
package containing a portion of powder, which I subsequently handed
to P.C. Simpson.
Mrs. Harriett May Riddall (wife of last witness) said that about
9.15 on Friday evening she was sitting in the parlour. Prisoner, who
appeared to be in a very excited state, came into the room, threw
down a letter (produced), a packet of powder, and 6d., at the same
time saying “Will you send this off at once? I have taken poison”.
Witness said: I took accused into the kitchen, and sent for my
husband.
P.C. Simpson, sworn, deposed: From information received at 10.40
yesterday evening I went to the Bouverie Hotel. I saw Mr. Riddall,
who handed me a letter and a package containing a portion of powder.
In consequence of that which Dr. Fitzgerald told me, I went into the
kitchen and saw the prisoner, who was sitting down. The woman
appeared to be agitated and excited. I said to her “I am a police
officer, and in consequence of a communication made to me by the
doctor, I shall charge you with attempting to commit suicide by
taking oxalic acid”. I cautioned her, and she replied “I have not
taken oxalic acid; it is salts of lemon that I took”. With the
assistance of Detective Sergeant Burniston I took accused to the
station, where she was formally charged. She made no reply, but
shortly afterwards she shouted out “I wrote the letter; it is in my
handwriting”.
Dr. Edmond Desmond Fitzgerald, M.R.C.S., L.R.C.P., said: At 10.45
last evening I was called to the Bouverie Hotel. I saw the accused
in the kitchen. She was in an agitated and very excited condition. I
asked Mr, Riddall what was the matter, and Mr. Riddall handed me the
letter, asking me to read it, which I did. I then asked prisoner
what made her think of such a thing. Mr. Riddall told me that she
had taken poison, and handed me a packet; a portion of the contents
were gone. The packet contained oxalic acid – usually known as salts
of lemon.
At this stage prisoner created a painful scene, and had to be
removed to the court yard for a few minutes. In supplicating terms
she cried to the doctor “Oh, don't! Oh, don't! Oh, God! Do save me –
I can't stand it. Oh, God! Don't let me be locked up again”.
The accused having steadied down, she was brought back into Court,
and the doctor continued: Prisoner said she had taken the powder
dry, without water; she had taken the powder by dipping her finger
into it. I came to the conclusion that she had taken only a very
small quantity, possibly about 20 grains, which would do no harm
whatever. However, to be on the safe side, I administered lime water
as an antidote. The woman's general condition and symptoms being
then satisfactory, I allowed her to be taken to the police station.
Oxalic acid, if taken in quantity, is a deadly poison. Death has
been known to follow a dose of 2 drachms of pure oxalic acid, while
it is a common thing for as much as an half ounce to be taken. Had
the woman have taken the whole of the powder she would have suffered
no ill-effect.
John Knight, a chemist, trading at No. 12, Rendezvous Street, said:
About 8.30 last evening a woman, of the general appearance of the
prisoner, came to my shop and asked for a pennyworth of salts of
lemon. I supplied it, and asked the woman what it was for. She
replied “Cleaning hats”. The package contained one drachm, or sixty
grains. It was not a fatal dose. As a matter of fact, there were
only 40 grains in the packet, the remainder being cream of tartar.
Prisoner was remanded until Friday morning. Upon her remand there
was another piteous scene, the woman continually calling “Oh, do not
lock me up again”.
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Folkestone Express 18 June 1904.
Saturday, June 11th: Before W.C. Carpenter, W. Wightwick, and W.G.
Herbert Esqs., and Lieut. Colonel Penfold.
Susan Foster, a young woman, employed as housemaid at the Bouverie
Hotel, Bouverie Road East, was charged with attempting to commit
suicide by taking poison the previous evening.
Mr. Arthur M. Riddall, the landlord of the Bouverie Hotel, said the
prisoner had been in his employ since May 30th. The previous evening
he was in the billiard room at about a quarter past nine, when he
was called to the kitchen, where he saw the prisoner sitting on a
chair. Prisoner said to him “You will find a letter on the
mantelpiece”. He opened the letter and read the contents. In the
letter it stated that by the time the addressee, whose name did not
come out in evidence, received the letter she would have poisoned
herself. Witness communicated with the police and Dr. Fitzgerald at
once. He was afterwards handed a packet containing a portion of a
powder, which he handed to P.C. Simpson.
Mrs. Riddall said she was sitting in the parlour the previous
evening, when prisoner came into the room in a very excited state
and threw upon the table the letter, the packet of powder, and
sixpence. Prisoner asked her to send the letter off, because she had
taken poison. Witness took her into the kitchen and sent for Mr.
Riddall.
P.C. Simpson said at 10.40 the previous night he went to the
Bouverie Hotel. He saw Mr. Riddall, who handed him the letter and
the portion of powder. Dr. Fitzgerald was present, and prisoner was
sitting on a chair. She appeared to be in an excited and agitated
condition. He told her he was a police officer, and in consequence
of what the doctor had told him he should charge her with attempting
to commit suicide by taking oxalic acid. She replied “I have not
taken oxalic acid, but salts of lemon”. With the assistance of
Detective Sergeant Burniston he took her to the police station,
where he formally charged her.
Dr. Fitzgerald said about 10.45 he was called to the Bouverie Hotel,
where he saw the prisoner in an agitated and excited condition. She
showed no urgent symptoms, so he asked Mr. Riddall what was the
matter, and he was then handed the letter. She said she had taken
poison. Mr. Riddall also handed him a packet containing oxalic acid,
usually known as salts of lemon.
Prisoner here appeared as though about to faint. Water was obtained,
but she refused to touch it. She cried out “Oh, God, save me. Don't
let me be locked up”. She appeared to be in a hysterical condition,
and her cries became so loud that she had to be taken from the
Court. Dr. Fitzgerald went out to attend to her on the Chairman's
suggestion, and in a few minutes they returned, prisoner appearing
to be all right again.
Dr. Fitzgerald, continuing, said prisoner told him she had taken the
powder by dipping her finger into it. By all appearances she had
only taken a very small quantity, possibly ten or twenty grains,
which could not have done her any harm whatever. To be on the safe
side, however, he administered lime water as an antidote.
Considering her general condition to be satisfactory, he allowed
prisoner to be taken to the police station. Oxalic acid was a deadly
poison if taken in a quantity, and death had been known to follow
after two drams had been taken. He considered that prisoner would
not have suffered any serious ill-effects if she had taken the whole
of the powder.
Mr. Knight, chemist, 12, Rendezvous Street, said about half past
eight the previous evening he was serving in the shop, when a woman
of the general appearance of prisoner came in and asked for an ounce
of salts of lemon. He asked her what it was for, and she replied “To
clean a hat”. The powder he gave her had only 40 grains of real
poison in it. There was, however, a sufficient dose to cause death
for an adult.
Prisoner was remanded until next Friday morning.
She pleaded to the Magistrates not to let her go, and as she was
taken from the Court she cried out “Oh, sir, don't lock me up again.
Oh, don't. I am very sorry. Oh, my God, save me. Don't let me be
locked up”.
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Folkestone Herald 18 June 1904.
Saturday, June 11th: Before Mr. W.C. Carpenter, Alderman W.G.
Herbert, Alderman S. Penfold, and Mr. W. Wightwick.
Susan Foster, a domestic servant in the employ of Mr. Riddall,
landlord of the Bouverie Hotel, was charged with attempting to
commit suicide by taking a quantity of a certain deadly poison.
Prisoner, who appeared to be much distressed, was seated in front of
the dock.
Arthur Maxwell Riddall, landlord of the Bouverie Hotel, Bouverie
Road East, stated that prisoner had been in his employ as housemaid
since Monday week. On the previous evening he was called out from
the billiard room about a quarter past nine. He went into the
kitchen, and saw prisoner sitting in a chair, his wife holding her
head. Mrs. Riddall said to him “You will see a letter on the
mantelpiece”. He opened the letter (produced) and read it.
Mr. Andrews (the Deputy Magistrates' Clerk) handed the letter to the
Magistrates, and it was decided not to read the address in public.
The letter, however, was read. All that could be made out of it was
“By the time you get this I shall have poisoned myself”.
Witness, continuing, said he could not say whether the letter was in
the prisoner's handwriting. He communicated with the police and Dr.
Fitzgerald at once. He afterwards saw a packet of powder (produced)
which he handed over to P.C. Simpson.
Harriet Mary Riddall, wife of the last witness, said that at a
quarter past nine on Friday evening she was seated in the parlour of
the house, when prisoner came into the room in a very excited state,
and throwing on the table the letter (produced) and a sixpence, said
“Will you send this off at once? I have taken poison”. Witness took
her into the kitchen and sent for Mr. Riddall.
P.C. Simpson deposed that at 10.40 p.m. on the 10th inst., from
information received, he went to the Bouverie Hotel, where he saw
Mr. Riddall, who handed him the letter and a powder. Prisoner was
sitting on a chair in the kitchen in an excited condition. He said
to her “I am a police officer. In consequence of what the doctor has
told me I shall charge you with attempting to commit suicide by
taking oxalic acid”. He cautioned her, and she replied “I have not
taken oxalic acid; it was salts of lemon I took”. With the
assistance of Detective Sergt. Burniston witness brought her to the
police station, where she was formally charged, and made no reply.
Shortly afterwards she shouted out “I wrote the letter; it is my
handwriting”.
Dr. Edward Desmond Fitzgerald stated that about 10.45 on the evening
in question he was called to the Bouverie Hotel, where, in the
kitchen, he saw the prisoner sitting, in a very agitated and excited
condition. She showed no urgent symptoms, and he asked Mr. Riddall
what was the matter. He then handed witness the letter, and asked
him to read it, which he did. Mr. Riddall gave him the paper
containing the powder, which was an impure form of oxalic acid, and
usually known as salts of lemon.
At this stage prisoner burst out crying, and several times shrieked
“Oh, God, do save me. Don't let me be locked up”. She had to be
taken from the Court, but in a few moments returned, and the case
was proceeded with.
Continuing, Dr. Fizgerald said prisoner said she had taken the
powder dry by dipping her finger into it. He came to the conclusion
that she had taken only a very small quantity, possibly some 10 or
20 grains, which could do her no harm whatever. He administered lime
water to be on the safe side, and the symptoms being satisfactory,
he advised that she be taken to the police station. Oxalic acid in a
quantity was a deadly poison. Death had been known to follow after a
dose of two drams of pure oxalic acid, but recovery had taken place
after half an ounce had been taken. If prisoner had taken the whole
powder she would not have suffered any serious effects.
James Knight, chemist, Rendezvous Street, gave evidence as to
serving a person of the general appearance of the prisoner with
salts of lemon on Friday evening.
The Chairman told the prisoner she would be remanded until Friday
morning (yesterday) and during that time she would be well looked
after and cared for.
The unfortunate woman again cried out “Oh, sir, don't let me be
locked up”, but she was assisted out of the Court.
Friday, June 17th: Before Lieut. Colonel Westropp, Messrs. W.
Wightwick, and J. Tainer.
Susan Foster appeared before the Borough Justices charged, on
remand, with attempted suicide.
Inspector Swift, as representing the Chief Constable, stated that
the police had no further evidence to offer in the case.
The Chairman: The evidence in this case is not sufficient at all.
(To prisoner) You will be dismissed.
Mr. Easton (Police Court Missionary) informed the Bench that the
woman was willing to enter a home, and arrangements would
accordingly be made.
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Folkestone Express 25 June 1904.
Friday, June 17th: Before Lieut. Colonel Westropp, W. Wightwick, and
J. Stainer Esqs.
Susan Foster, a housemaid at the Bouverie Hotel, was brought up on
remand, charged with attempting to commit suicide by taking poison
on June 9th.
Inspector Swift said there was no further evidence to be given.
The Chairman said the Magistrates considered that there was not
sufficient evidence to induce them to go further with the charge.
Mr. Easton, the Police Court Missionary, said the young woman had
consented to go into a home, and she was discharged.
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Folkestone Daily News 1 November 1905.
Wednesday, November 1st: Before Alderman Spurgen, Alderman Vaughan,
Councillor Carpenter, and Lieut. Col. Fynmore.
The licence of the Bouverie Hotel was temporarily transferred from
Mr. Riddall to Mr. Ernest Frederick Alcock.
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Folkestone Chronicle 18 November 1905.
Local News.
Mr. Alcock, the new proprietor of the Bouverie Hotel, comes to
Folkestone with exceptional testimonials. He was for many years a
sergeant in the Metropolitan Police, and during the past ten years
Inspector at Oxford. In his official position he gained the respect
and confidence of resident and official alike. Among the
testimonials which he proudly brought to Folkestone were grand
appreciations from Alderman Sir Walter Gray J.P., Col. The Hon.
Holmes a Court (Chief Constable, Oxford Constabulary) the Chief
Constables of the Oxford City and Banbury Police, the Magistrates'
Clerks of Oxford, Banbury, Bicester and Bullingdon, together with a
whole host of excellent testimonials from the leading legal
luminaries on the Oxford Circuit.
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Folkestone Chronicle 9 December 1905.
Wednesday, December 6th: Before Mr. E.T. Ward, Alderman Herbert,
Lieut. Col. Hamilton, Maj. Leggatt, and Mr. Linton.
The licence of the Bouverie Hotel was transferred from Mr. A.M.
Riddall to Mr. E.F. Allcock.
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Folkestone Herald 9 December 1905.
Wednesday, December 6th: Before Mr. E.T. Ward, Alderman W.G.
Herbert, Lieut. Colonel Hamilton, Major Leggatt, and Mr. T. Ames.
The licence of the Bouverie Hotel, Folkestone, was transferred from
Mr. Ernest Frederick Alcock to Mr. Arthur Maxwell Riddall.
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Folkestone Daily News 23 December 1905.
Saturday, December 23rd: Before The Mayor, Lieut. Col. Fynmore,
Alderman Spurgen, Alderman Vaughan, and Messrs. J. Stainer,
Carpenter, and Ames.
Violet Laslett was charged with stealing a pair of boots, the
property of Ernest Frederick Allcock.
The prosecutor stated that he was the landlord of the Bouverie
Hotel, and the prisoner had been in his employ for about a week. On
Thursday he placed a pair of boots in the scullery. He missed them
on the following day. He questioned the prisoner, but at different
times she denied that she knew anything about them. Witness became
suspicious and reported the matter to the police. P.C. Sales came,
and in his presence prisoner denied that she knew anything about the
boots. Later prisoner said “I took them away last night”. The boots
produced were his property, and he valued them at 10s.
P.C. Sales proved arresting the prisoner. Later on he saw the
prisoner's husband in Guildhall Street wearing the boots produced.
Witness accompanied him to 2, Belle Vue Street, when he handed the
boots to the witness.
Prisoner elected to be tried summarily, and admitted she took the
boots.
Prosecutor said he had no desire to press the charge.
The Chairman said the Bench had decided to deal leniently with the
prisoner, and she would be bound over in the sum of £10 to be of
good behaviour for three months.
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Folkestone Chronicle 30 December 1905.
Saturday, December 23rd: Before The Mayor, Aldermen Spurgen and
Vaughan, Councillor Carpenter, Lieut. Col. Fynmore, Mr. J. Stainer,
and Mr. C. Ames.
Violet Laslett, a neatly-dressed, quiet little woman, described as a
cook, pleaded Guilty to stealing a pair of boots, valued at 10s.,
the property of her employer, Mr. Allcock, landlord of the Bouverie
Hotel.
Prosecutor said he engaged accused as cook. He took her without
asking for a character, on the recommendation of a manager at a
local dairyman's.
A constable proved having a conversation with accused, when she
admitted taking the boots and giving them to her husband, who was
out of work.
Mr. Allcock informed the Chairman that he did not wish to press the
charge.
The Chairman (to prisoner): You have pleaded Guilty to a serious
charge. You were placed in a position of confidence, and abused the
trust reposed in you. The prosecutor does not wish to press the
charge. The Bench will therefore act leniently with you. You will be
bound over in your own recognisances in the sum of £10 to come up
for judgement if called upon in three months. Let this be a lesson
to you.
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Folkestone Express 30 December 1905.
Saturday, December 23rd: Before The Mayor, Alderman Spurgen, Lieut.
Colonel Fynmore, Major Leggatt, W.C. Carpenter and J. Stainer Esqs.
Violet Laslett, a cook, was charged with stealing a pair of boots,
value 10s.
Ernest Frederick Allcock, proprietor of the Bouverie Hotel, said
prisoner was in his emply as cook, and had been so for about a week.
On Thursday, about ten o'clock, he placed a pair of boots in the
scullery. The next day he missed them. He questioned prisoner about
them on Friday. She denied having seen the boots. He told her they
would have to be found, and she said somebody must have come in and
taken them when the scullery door was open. He reported the matter
to the police, and P.C. Sales went to the house, and subsequently
witness again questioned the prisoner about the boots. She denied
all knowledge of them. He then said to her “Supposing they are found
at your house? This is only a supposition of mine. But, supposing
they were there, how did they get there?” She still denied all
knowledge of the boots, but afterwards admitted that she took them
away. He identified the boots produced as his property, and said
their value was 10s.
P.C. Sales proved arresting the prisoner, and said when he was sent
for by the prosecutor he put several questions to her about the
boots, and also said he heard Mr. Allcock ask prisoner if she knew
where the boots were, when she admitted that she took them away. He
charged her at the police station with stealing the boots, and she
replied “Shall I have to stay here all night?” Later he saw the
prisoner's husband in Guildhall Street, and he was wearing the
boots. He went with Laslett to No. 14 Belle Vue Street, where he
handed the boots to him.
Prisoner pleaded Guilty.
The prosecutor said he had no desire to press the case. The husband
was out of work. He took her on the recommendation of the manager of
a dairy.
Supt. Reeve said nothing was known against the woman or her husband.
They had been in Folkestone for some time.
The Bench decided to bind the prisoner over in the sum of £10 to be
of good behaviour for three months.
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Folkestone Herald 30 December 1905.
Saturday, December 23rd: Before The Mayor, Aldermen G. Spurgen and
T.J. Vaughan, Councillor W.C. Carpenter, Councillor R.J. Fynmore,
Mr. J. Stainer, and Mrs. Ames.
Violet Laslett was charged with stealing a pair of boots.
Ernest Fredk. Allcock, proprietor of the Bouverie Hotel, Bouverie
Road, said that the prisoner had been in his employ as cook for
about a week. Two days previously he placed a pair of boots in the
scullery, and on the following day they were missing. From what he
heard, he questioned the prisoner about the boots. She denied all
knowledge of them. Witness told her that they would have to be
found. He became suspicious, and reported the matter to the police.
P.C. Sales visited witness, and after a conversation with him,
witness again asked her where the boots were. She denied all
knowledge of them, but when further pressed she said that she took
them away the previous night.
P.C. Sales proved proceeding to the Bouverie Hotel and finding the
prisoner. He questioned her as to the boots, but she persisted that
she knew nothing of them. Shortly afterwards prosecutor said to her
“I have had a conversation with you, cook, concerning the loss of my
boots. Do you know where they are?” She replied “Yes, I took them
away last night, and gave them to my husband”. Witness then took her
into custody. Later witness saw the prisoner's husband in Guildhall
Street wearing the boots produced. He accompanied him to No. 14,
Belle Vue Street, where witness received them.
Prisoner, who elected to be dealt with summarily, pleaded Guilty.
Prosecutor stated that he did not wish to press the case, and as
nothing was known against the prisoner, the Bench bound her over in
the sum of £10 to be of good behaviour for three months.
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Folkestone Daily News 9 June 1909.
Wednesday, June 9th: Before Messrs. Ward, Vaughan, Jenner, and
Fynmore.
James Miller was summoned for refusing to quit licensed premises,
namely the Bouverie Hotel, on the 5th June.
Ernest James Alcock, proprietor of the Bouverie Hotel, said about
two o'clock on Saturday afternoon the defendant was in his house,
where he was using very objectionable language. Witness asked him to
leave, whereupon defendant became very abusive and refused to leave
the house. Consequently he was ejected.
Defendant: Did you offer to fight me in the smoking room? – No.
Did you eject me? – Yes.
You did not. I walked out.
Defendant went into the witness box, and said that on Saturday
afternoon he went into the public bar of the Bouverie Hotel and
called for a glass of beer. Before witness had time to drink it he
was ordered out by the prosecutor, who came outside after witness
had left and challenged to fight him. Shortly afterwards prosecutor
followed him and told him and told him he was going to give him in
charge for refusing to quit licensed premises. This the prosecutor
eventually did.
Prosecutor said if the Magistrates were not satisfied with his
statement, he hoped they would adjourn the case till Saturday, when
he would produce witnesses.
The Chairman: You should have brought your witnesses here this
morning. We have decided to dismiss the case.
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Folkestone Express 12 June 1909.
Wednesday, June 9th: Before Mr. E.T. Ward, Alderman Vaughan,
Alderman Jenner, and Lieut. Col. Fynmore.
James Miller, and out-porter, was summoned for refusing to quit
licensed premises when requested to do so.
Ernest Frederick Alcock, the landlord of the Bouverie Hotel, said on
Saturday afternoon the defendant was in the public bar. He was using
abusive language respecting Det. Sergt. Burniston and other
officers, so witness requested him to leave the house. He refused to
do so, and commenced to use threatening language to witness. He
again told him to clear off the premises, and he said he should go
when he liked. He refused several times, so witness went to eject
him from the public bar. In the meantime he sent for a constable. He
asked him again quietly to leave, but he became very disorderly, so
he ejected him. They both eventually went to the police station. The
defendant had been a perfect pest for some time.
Defendant went into the witness box. He said he went into the
Bouverie Hotel just before two on Saturday afternoon, and called for
a glass of beer. The landlord served him, and then told him to get
out before he could drink the beer. He replied “All right. Don't
worry. I won't be a minute”. He then drank the beer and went out. He
gave the landlord no provocation whatever. When he got outside, Mr.
Alcock called out “Come in here (the smoke room) and I will show you
what I will do with you”. He simply laughed at him. He was perfectly
sober at the time he came out of the hotel. Mr. Alcock jostled him
and molested him, and threw him about. He walked with Mr. Allcock to
the police station, and on the way there he said to him (defendant)
“I would like to burn such people as you out-porters”. When going
down the steps to the police station, Mr. Alcock struck him in the
face, caught hold of his throat and threw him on his back.
The Chairman: You have not thought of taking out a summons against
him.
Miller: I have not the money to spare.
The Chairman: You had money for beer.
Defendant, in conclusion, asked the Magistrates to believe him, a
poor working man, against a multitude of money.
The prosecutor, at this point, said he could bring four witnesses
forward if they would adjourn the case until Saturday.
The Clerk: You should have brought them this morning.
The Chairman said the prosecutor ought to have had his witnesses
there that day. The Magistrates had decided to dismiss the case.
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Folkestone Herald 12 June 1909.
Wednesday, June 9th: Before Mr. E.T. Ward, Lieut. Colonel Hamilton,
Aldermen T.J. Vaughan and C. Jenner.
James Miller, an out-porter, pleaded Not Guilty to refusing to quit
licensed premises.
Ernest Jas. Alcock said that about 2 p.m. on Saturday last defendant
was in the public bar of the Bouverie Hotel, Bouverie Road East,
drinking. In consequence of his wrangling and abusing the police, he
requested him to leave, but he would not do so. After trying to get
him to leave for some time, witness took off his coat and put him
out. Outside he used bad language, and witness followed him down to
the police station and brought him in.
Defendant desired to give evidence, and said that the plaintiff was
the aggressor. On the occasion in question he was served with a
glass of beer, and then Mr. Alcock told him to get out before he had
drunk it. He had given him no provocation whatever. Defendant went
out, and outside complainant took off his coat and swore at him. He
then jostled and molested defendant, and told him he was going to
charge him at the police station, adding that he would “like to
burn” all out-porters like him. At the police station complainant
struck him, grappled him by the throat, and threw him down.
The Chairman: You haven't summoned him? – No, I have not the money.
The Chairman: When did you go to the house? – About ten minutes to
two. He admitted that he had had a glass of beer before.
The Chairman: You had money for beer, then.
Cross-examination by complainant drew the remark from defendant “I
ask you to believe me, gentlemen, as a working man against a
multitude of money”.
Complainant said he could bring witnesses to prove his case, but the
Chairman said that they ought to have been there that morning, and
dismissed the charge.
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Folkestone Daily News 17 June 1913.
Tuesday, June 17th: Before Messrs. Herbert, Stainer, Linton,
Swoffer, Harrison, and Stace.
The licence of the Bouverie Hotel was transferred from Mr. Allcock
to Mr. Adams, the latter having formerly held a licence in
Folkestone.
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Folkestone Express 21 June 1913.
Local News.
The licence of the Bouverie Hotel was temporarily transferred at the
police court on Tuesday from Mr. Allcock to Mr. Adams.
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Folkestone Herald 21 June 1913.
Tuesday, June 17th: Before Mr. W.G. Herbert, Mr. J. Stainer, Mr.
G.I. Swoffer, Mr. R.J. Linton, Councillor W.J. Harrison, and
Councillor A. Stace.
Application was made for the temporary transfer of the licence of
the Bouverie Hotel from Mr. E.H. Allcock to Mr. Adams. Granted.
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Folkestone Express 12 September 1914.
Tuesday, September 8th: Before J. Stainer, R.J. Linton, G.I.
Swoffer, W.J. Harrison, G. Boyd, A. Stace, E.T. Morrison, and C.E.
Momford Esqs.
James Andrews was summoned for assaulting William Hector Stevens.
Defendant pleaded Not Guilty. Mr. J.S. Atkinson represented the
complainant, and Mr. H.J. Myers appeared for the defendant.
Complainant said he was a master tailor, and had been in the Army
for 14 years. He had volunteered for service abroad, but his
application had been refused owing to the fact that his corps had
been filled up. On Friday, about one o'clock, he went into the Bouverie Hotel with a friend and asked for a little bit of cheese
and a lager beer. He had not had any drink before that. He was not
accustomed to take much. There was only himself and a friend present
in the bar, except the proprietor and his servants. The conversation
turned on to the war, and he said to Mr. Adams, the landlord, that
things looked pretty black for the old country. A conversation then
ensued, and Mr. Adams got very heated. He (complainant) was very
emphatic, and Mr. Andrews then came in, and must have heard Mr.
Adams say that he (complainant) was not an Englishman, but was a
---- German. He also believed he called him a spy. He (complainant)
replied “You have made a mistake. My name is Stevens, and it is a
good English name”. Mr. Adams retorted “You are a ---- liar”. He
went across to the landlord and challenged him to come outside and
repeat what he had said in the bar, where he had him at a great
disadvantage. Mr. Andrews then joined in the conversation and said
“Come out and fight me”. He (complainant) replied “It has nothing to
do with you”. At that time he was sitting down. The defendant, who
had a massive gold ring on his finger, came across to him and let
him have the nicest “plonk” in the eye that he had ever had in his
life. He jumped up and called the defendant an arrant coward. He did
not strike or touch Andrews in any way. He then went out to try and
find a policeman. The discolouration of his eye was caused by the
blow. He did not say anything that would tend to lead the defendant
to think he was anything but a patriotic Englishman.
Cross-examined by Mr. Myers, complainant said he was not of an
excitable temperament. He had not occasionally gone into the bar and
laid down the law about the war. He had never been requested to
leave the White Lion at Cheriton. He was not of an excitable nature.
He denied that he said the Germans would be in England in a
fortnight, and that the British troops were no good and their Navy
was deficient. When Mr. Andrews joined in he did not know whether he
held a brief for Mr. Adams or not. He had spoken to the defendant
before. On that occasion he had only been in the bar about a minute
or so when Andrews came. He had had no quarrel with him previously.
George Boyd Jordan, of 67, Ashley Avenue, Cheriton, said he was a
master tailor in partnership with the complainant. They went up to
the Bouverie Hotel together on Friday in order to have some
refreshment. Mr. Stevens was not in any way aggressive or
objectionable. He entered into the conversation about the war. When
the conversation got somewhat excited the complainant did not
threaten anyone, either Mr. Adams or the defendant. After
complainant had challenged the landlord to make his assertion
outside, Mr. Andrews then said “I will take it up”. Stevens was
sitting down at the time and the defendant struck him a blow in the
eye. The assault was entirely unprovoked on the part of the
complainant, who did not return the blow.
Cross-examined, witness said Stevens did not challenge Mr. Adams to
fight, and he did not make use of unpatriotic remarks. The blow
given by Andrews was a very severe one, and blood ran down the
complainant's face from his eye. Stevens staggered from the bar, but
before doing so, told Andrews he should not have done it.
Defendant went into the witness box and gave evidence. He said he
was a motor engineer. He had volunteered for service as a motorist,
and he had volunteered to assist the Red Cross Society, which had
accepted his services. He was in the habit of using the Bouverie
Hotel, and went there on Friday at about half past one. When he got
into the saloon bar he saw Stevens, who was making unpatriotic
remarks about the Army. He had met the complainant once before, and
had heard him quarrelling about the same subject. He had no personal
feeling against Stevens, who was excited. During the course of his
statements Stevens said the Army was no good, the Navy was
deficient, and the Germans would be in England in a fortnight.
Complainant rushed up to Mr. Adams because he called him a liar, and
said to him “Come outside and I will fight you”. Mr. Adams told him
to sit down or go away. The landlord was a little excited. He
(defendant) eventually went across the bar and said to Stevens “You
shall not hit an older man than you. I will take you on”. He
(defendant) was annoyed at the remarks Stevens had made, but he took
no notice of them because it was not his argument. He, however,
regarded the remarks as very unpatriotic. When he told the
complainant he would take him on, Stevens said “It has nothing to do
with you”. He (witness) pushed him across the bar, and then, when he
had sat down, told him to get up. He would not get up, so he said
“If you can't get up I shall strike you sitting down”. Complainant
did not get up, so he struck him. Mr. Adams and the young lady laid
hold of him to prevent him striking the complainant again. It was a
regrettable blow as soon as he had made it.
The Clerk: In plain English you lost your temper.
The defendant: Yes.
The Clerk at this point said the Bench were of opinion that there
was no alternative but to inflict a fine, but they had taken all the
language used into consideration.
Mr. Myers, however, persisted in calling his other evidence.
Mr. Adams, the landlord of the Bouverie Hotel, said he did not
regard Mr. Andrews as a quarrelsome man. He had seen the
complainant, who was of a very argumentative, quarrelsome and
excitable nature, on three occasions. All the time he was in the
house he was talking about the war, and the assertions he made were:
“Our Army is not good, the Navy is of no account, our guns are bad,
and the Germans are superior in everything. They would be here in a
fortnight, and thank God they would be”. Complainant also put down
everything on the British side as rotten. Complainant's conduct went
on for ten minutes.
The Clerk: Why did you not take steps to get him out of your house?
Witness: I asked him to go out.
Mr. Myers urged in his address to the Magistrates that Andrews only
did what a patriotic and chivalrous Englishman would have done.
The Chairman said the defendant had no right to take the law into
his own hands. They had decided to fine him 5/- and 12/- costs.
Mr. Atkinson asked the Magistrates to allow the complainant
solicitor's costs, but the Bench refused the application.
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Folkestone Herald 12 September 1914.
Tuesday, September 8th: Before Mr. J. Stainer, Councillor C. Ed.
Mumford, Mr. G.I. Swoffer, Mr. R.J. Linton, Alderman C. Jenner,
Councillor W.J. Harrison, Mr. E.T. Morrison, and Councillor A.
Stace.
William Andrews was summoned by W.H. Andrews for assault. Mr. J.S.
Atkinson appeared for the complainant, and Mr. H.J. Myers defended.
Mr. Myers entered a plea of “Guilty under great provocation and
justification”.
The Magistrates' Clerk (Mr. J. Andrews): That is Not Guilty, then.
Complainant stated that he was a master tailor. He had been in the
Army for fourteen years, and had volunteered for service in the
present war, but his services were declined because the unit he
applied to join was filled up. On Friday he went into the Bouverie
Hotel about one o'clock for a glass of lager beer and some cheese.
He had had nothing to drink before that day, and was not accustomed
to take much. He had a friend with him, and the landlord came in
afterwards. Conversation began and turned on the War. Complainant
said “Things look very black for the old country”. He did not get
heated, but he was emphatic. The landlord (Mr. Adams) told him that
his name was good enough for him, that he was no Englishman, but a
d--- German spy. He replied “You have made a great mistake; my name
is a good English name, and I have served my King and country”. Mr.
Adams called him a liar, and he (complainant) went across to the
landlord and said he would not dare say things like that to me
except on his own premises. Defendant, who had entered shortly
before, now broke in, and wanted to fight witness. He told defendant
it had nothing to do with him. Complainant was sitting down.
Defendant struck him with his fist in the eye, and he jumped up and
called him a coward, but did not strike him or touch him in any way.
Complainant had said nothing that was unpatriotic, and he never said
such things.
Cross-examined, complainant denied that he was excitable. He did not
say “The Germans will be here in a fortnight”, nor that our troops
were no good, or our Navy deficient. Mr. Adams indicated that he
considered complainant's remarks unpatriotic, but witness did not
challenge him to fight.
George Boyd Jordan, a master tailor, said he was in partnership with
the complainant, and accompanied him to the Bouverie Hotel on
Friday. He corroborated complainant's evidence, and said he was in
no way objectionable or aggressive. He did nothing to incite
defendant to fight him, and the blow was entirely unprovoked.
Cross-examined, witness said he did not see complainant standing
over Mr. Adams in a threatening attitude.
By the Magistrates' Clerk: The blow complainant received was very
severe, and blood streamed down his face. Defendant was excited.
Defendant, in the witness box, said he was a motor engineer. It was
the first time any charge had been brought against him. He had
volunteered for active service, and had also volunteered his service
as a motor engineer free of charge to the Red Cross Society, and his
offer had been accepted. The work would keep him engaged all day. On
going into the Bouverie Hotel on Friday he saw the complainant, who
was addressing very unpatriotic remarks to Mr. Adams. Defendant had
had nothing to drink before on that day. He had met complainant
before. He had no personal feeling against him. After entering the
bar witness sat down, and complainant carried on his conversation
with the landlord. Complainant, in the course of his statements,
said the British Army was no good, the Navy was deficient, and the
Germans would be here in a fortnight. Mr. Adams called him a liar,
and complainant got more excited, and, going over to Mr. Adams, said
“You come outside and I will fight you”. Mr. Adams sat down and told
him to go away. Defendant went across the bar and said to
complainant “No, you don't strike an older man than you. I'll take
you on”. Witness had been annoyed at Stevens's previous remarks, but
had taken no notice. When defendant went over to him and spoke,
complainant said “It's nothing to do with you”. Defendant pushed him
across the bar, and he sat down. He would not get up, and defendant
said “If you don't get up, I shall strike you sitting down”, which
he did. He regretted the blow as soon as he had given it.
The Magistrates' Clerk: In plain English, you lost your temper.
The Magistrates consulted together, and the Magistrates' Clerk
announced that after the admission made by defendant, the Bench had
no alternative but to inflict a fine.
In reply to Mr. Myers, Mr. Andrew said the Bench had taken all
things into consideration.
Mr. Myers obtained permission to call Mr. Adams, the landlord of the
Bouverie Hotel, who supported defendant's testimony. He said
complainant was very argumentative and quarrelsome.
Cross-examined, witness said complainant's remarks about the British
forces were very annoying. He put everything down as rotten. He said
“The Germans will be here in a fortnight, and thank God they will”.
Witness denied swearing at complainant.
The Clerk asked witness why he did not take steps to get complainant
out of the house, if he regarded him as quarrelsome.
Witness said he told him to get out.
Mr. Myers addressed the Court, and asked for the summons to be
dismissed on the ground of provocation and justification.
The Chairman said the Bench were still of the opinion they had
previously expressed. Defendant seemed to have taken the law into
his own hands in striking the complainant, and he would be fined 5s.
and the costs (12s.).
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Folkestone Express 15 January 1916.
Wednesday, January 12th: Before E.T. Ward, Lieut. Col. Fynmore, G.I.
Swoffer, R.J. Linton, G. Boyd, R.G. Wood, E.T. Morrison and J.J.
Giles Esqs.
Mr. C. Stokesbury, who comes from Lewisham, applied to have the
licence of the Bouverie Hotel transferred to himself from Mr. A.
Adams.
The application was granted, but the Chairman told the new tenant
that there were a great many difficulties in the trade at the
present moment. He (Mr. Stokesbury) was rather inexperienced, and he
must be careful.
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Folkestone Herald 15 January 1916.
Wednesday, January 12th: Before Mr. E.T. Ward, Lieut. Col. R.J.
Fynmore, Mr. G.I. Swoffer, Mr. R.J. Linton, Councillor G. Boyd,
Councillor R.G. Wood, Mr. J.J. Giles, and Mr. E.T. Morrison.
An application was also made for the transfer of the licence of the
Bouverie Hotel from Mr. A. Adams to Mr. Charles Stokesby (sic).
The Chief Constable said he had no objection at all.
Mr. Stokesby said he had not had previous experience.
The Chairman said there were many difficulties in the trade at the
present moment. He was rather inexperienced, and he must not forget
to be careful. The application was granted.
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Folkestone Express 28 August 1920.
Friday, August 20th: Before Col. Owen, Mr. L.G.A. Collins, Rev.
Epworth Thompson, Alderman Jenner, Councillor Hollands, Mr. Blamey,
and Capt. Griffin.
Mr. Stonebridge, Bouverie Hotel, applied for a temporary licence for
a marquee on Sandgate Plain on the occasion of the fete held on
Wednesday last from 2.30 to 10 p.m. Mr. Seager supported the
application, and pointed out that the fete was organised by a
Society known as the Cheerful Sparrows, an organisation which had
been in existence in London for 21 years, and the Society in
Folkestone was the first to be formed outside London. The Society
was formed to do some good from a charitable point of view, and also
for the town. The application was granted.
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Folkestone Herald 18 December 1920.
Local News.
At the Folkestone Petty Sessions yesterday, the Bouverie Hotel was
granted an extension for one hour on Saturday night for a dinner.
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Folkestone Express 3 February 1923.
Local News.
At the Folkestone Police Court on Tuesday morning the licence of the
Bouverie Hotel was transferred from Mr. Stokesbury to Mr. M. Ivory.
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Folkestone Herald 3 February 1923.
Local News.
The Folkestone Bench temporarily transferred the licence of the
Bouverie Hotel on Tuesday from Mr. C. Stotesbury to Mr. M. Ivory.
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Folkestone Express 4 August 1928.
Saturday, July 28th: Before Mr. G.I. Swoffer, W.W. Nuttall, Col.
Broome-Giles, and Mr. R.J. Stokes.
Omar Macklem was charged with, having been drunk and incapable in
Bouverie Road on the previous evening. Defendant pleaded not guilty.
P.C Kennett said that about 9-30 p.m. on the previous evening, in
consequence of a telephone message received at the Police Station,
he went to Bouverie Road, where he saw defendant lying on the ground
outside the Bouverie Hotel. He was bleeding from the nose and had a
wound over the eye. He was under the influence of drink. He conveyed
him to the Hospital by ambulance, where his wound was dressed. In
consequence of what them doctor said he brought him to the Police
Station.
P.S. Fox said that about 9-30 p.m. on the previous evening he was
called to Bouverie Road East, where he saw defendant lying on the
ground in a semi-conscious condition. He helped to convey him to the
Hospital and back to the Police Station- Defendant did not recover
consciousness until two hours after.
P.C Kennett. who was recalled, said, in his answer to the defendant,
that the doctor did to not say to the nurse that he was not drunk.
Defendant said that he entered the Bouverie at about 9-15 p.m. on
the previous evening, but there only had a pint of bitter and one
bottle of Base. While he was sitting there a man, whom he did not
know, stepped up to him and asked him if he did not knew him, and if
he would lend him £1. He said that he did not know him, and as he
did not, he would not lend him the money. The man started fighting,
and some chairs and tables were thrown over. The man then picked up
a chair and swung it at him, and that was the last he (defendant)
knew about it.
The Bench considered the case proved, and fined the defendant 5s.
Monday, July 30th: Before Alderman G. Spurgen, Mr. J.H. Blamey, Mr.
W. Griffin, and Eng. Rear Admiral L.J. Stephens.
Samuel Wilson, a carpenter, was charged with being drunk and
incapable in Bouverie Road East on Saturday night. He was also
charged with being drunk on the licensed premises of the Bouverie
Hotel. Defendant pleaded Guilty to both charges.
Mr. A.S. Beesley, the Chief Constable, said he would only proceed
against the defendant on the charge of being drunk on licensed
premises, and would withdraw the other charge.
Inspector Pittock said that at 10.15 p.m. on the Saturday he visited
the Bouverie Hotel, in company with P.S. Fox. He (witness) was in
plain clothes, but P.S. Fox was in uniform. On entering the smoke
room bar he saw the defendant sitting on a seat just inside the
door. He noticed he was in a drowsy condition. He (witness) told him
he was a police inspector and asked him to stand up. After some
hesitation he staggered to his feet. He (witness) told him that t
was drunk and in a muddled way. He said “Am I?” and then sat down
again. He requested the landlord, Mr. Ivory, to eject him. The
defendant staggered to his feet, and P.S. Fox assisted him to the
door. On reaching outside the defendant collapsed against a wall.
Seeing that he was totally incapable of taking care of himself, he
(witness) brought him to the Police Station, where he charged him.
The Chairman: Had he been served?
Inspector Pittock: I am not in a position to say.
The Chief Constable said that there were no previous convictions
against the defendant.
Wilson said that he had nothing to say. He worked in the town.
A fine of 5s. was imposed.
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Folkestone Herald 4 August 1928.
Saturday, July 28th: Before Mr. G.I. Swoffer and other Magistrates.
Omar Macklam was charged with being drunk and incapable the previous
night. He pleaded Not Guilty.
Prisoner's only eye was very bruised and swollen and completely
closed. He had to be led about the Court by policemen. Over his eye
was a large plaster dressing.
P.C. Kennett said that at about 9.30 the previous evening, in
consequence of a telephone message received at the police station,
he went to Bouverie Road East, where he saw the prisoner lying on
the pavement outside the Bouverie Hotel. He assisted him to his
feet, and found him to be helplessly drunk. Accused was bleeding
from the nose and from a wound over the right eye. In consequence of
that, witness conveyed him to the Hospital on the ambulance. At the
Hospital he was attended by Dr. Barrett, and in consequence of what
the doctor told him he conveyed prisoner back to the police station
and charged him with being drunk and incapable.
Sergeant Fox said that prisoner was lying on the pavement in a
semi-conscious condition in a pool of blood. In his opinion he was
drunk.
P.C. Kennett (re-called) was asked by prisoner whether the doctor
did not turn to one of the nurses and say “The man is suffering more
from being knocked out than from drink”.
P.C. Kennett said the doctor did not say that.
Prisoner said that he entered the Bouverie Hotel about 9.15 or 9.20
and all that he had to drink was a pint of bitter and a bottle of
Bass. He was drinking when a man, a perfect stranger, came up to
him, called him by his name, and asked him to lend him £1. He said
he did not lend money to strangers, and the man made a remark he
resented and struck him. They knocked a chair or two over, and the
man picked up a chair and swung it at him. That was the last he
remembered. He left home only half an hour before and had only had
two drinks.
The Chief Constable said there were no previous convictions.
The Chairman: There is no doubt about it. The case is proved against
you, and there is no doubt that you were drunk. You will be fined
5s.
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Folkestone Express 11 August 1928.
Tuesday, August 7th: Before Col. Owen, Mr. A. Stace, Col.
Broome-Giles, Alderman W.H. Moncrieff, and Mr. J. H. Blamey.
Michael Ivory was summoned for permitting drunkenness on his
licensed premises, the Bouverie Hotel, on the 28th July. Mr. Rutley
Mowll (Dover) defended, and pleaded Not Guilty. There was a further
summons for being drunk himself on his licensed premises on the same
occasion. Mr. Rutley Mowll pleaded Not Guilty.
At the Chief Constable’s request all witnesses were ordered out of
Court.
Inspector Pittock said part of his duties were the supervision and
visiting of public houses in order to see that the requirements of
the law were being carried out. At 10.15 p.m. on July 28th, in
company with P.S. Fox, he went to the Bouverie Hotel, of which
defendant was the landlord. He did not visit all the bars. He went
into the smoke-room. A view could not be obtained from the serving
bar of all the persons in the smoke-room bar. On entering the bar he
saw a man named
Samuel Wilson sitting on a seat near the door. There were two women
sitting next to him, and some men on his left. There would be about
a dozen people there altogether. As soon as he entered he saw
Wilson, who appeared very drowsy, and he formed the opinion that he
a he was drunk. He at once went to the bar and ordered the barman to
fetch Mr. Ivory. There was some delay before Mr. Ivory appeared, and
on looking through the door he saw Mr. Ivory pass in his shirt
sleeves in the yard. He asked P.S. Fox to call him, and he called
him four times before he came. Defendant supported himself by the
door-post, and he Jeon (witness) said to him “This man, Mr. him
Ivory, is drunk on your licensed premises”, indicating the man
Wilson. Mr. Ivory said “Arrest him, arrest him”. He said to Mr.
Ivory “It is your business to get him off your premises, and if you
require any assistance we will assist you”. Mr. Ivory then shouted
to the man Wilson “Get out, get out”. Wilson staggered to his feet,
and lurched forward, and he was assisted to the door by P.S. Fox. On
getting outside he saw Wilson collapse against the wall. With the
assistance of P.S. Fox he took Wilson to the Police Station. Before
leaving the yard he had formed the opinion that Mr. Ivory himself
was drunk. He formed that opinion immediately Mr. Ivory went to the
smoke-room. He supported himself by the two door-posts as he stood
in the bar, his eyes were staring, and his speech was incoherent,
and his general demeanour was that of a drunken man. Before leaving
with Wilson he said to Mr. Ivory “I shall report you for permitting
drunkenness on your licensed premises, and
also for being drunk yourself on your licensed premises”. He replied
“I can do
what I like on my own premises, it is nothing to do with you”. About
ten minutes after arriving at the station, Mr. Ivory arrived at the
Police Station, accompanied by a Mr. Carter. He said to Mr. Iivory
“Well, what do you want now?”, and he said “Do you accuse me of
being drunk?”, and he replied “Yes I do.” Mr. Ivory said “Well, I
have come down here to see about it, I will make it ---- hot for
you. I will see my doctor.” He (witness) replied “Perhaps I can
assist you; would you like to see Dr. Barrett, the police doctor?”,
and he said “Yes, I will”. Dr. Barrett was then telephoned for. He
asked Carter what he wanted, and he made a statement and signed it.
Dr. Barrett arrived at 10.38. He told the doctor he was reporting
defendant for being drunk on his licensed premises, and he asked him
to examine Mr. Ivory, and Dr. Barrett had a conversation with him,
but Mr. Ivory refused to undergo the usual tests.
Cross-examined by Mr. Mowll: It was a Saturday evening, and they
were fairly busy in the bar. He was not informed that the same
evening the man Wilson had been turned out of the house. Mr. Ivory
was rather resentful of the charge of drunkenness. Defendant said he
would report him to Mr. Beesley. He thought defendant walked to the
Police Station, which was five minutes’ walk. It included going down
some steps leading to the Police Station. He would not say they were
dangerous. At the Station Mr. Ivory’s indignation was with regard to
the charge of being drunk himself, and said “You are more drunk than
I am”. He (witness) suggested the police doctor.
By the Clerk: During the time he was there the barman was in the
serving bar.
Dr. Barrett, the police surgeon, said he was called to the Police
Station at 10.30, and be was asked to go quickly. He got there as
soon as he could. He saw Inspector Pittock and the defendant, and
Mr. Pittock told him he was charging defendant with being drunk, and
he said to defendant “What are you here for?”, and he said “ This
man Pittock says I am drunk, but I know more about it than a ----
ignorant man like Pittock.” He then asked him to go through the
usual tests, but he refused, saying “No, I am not drunk”. He felt
defendant’s pulse, and then said “If you will not go through the
usual tests there is not much for me to do”. Defendant had something
to say to Inspector Pittock, and then went off. Defendant was
excited, his voice was loud, far louder than he thought was
necessary, and he was rather blustering, as evidenced by his remark
about Inspector Pittock in front of everyone in the station. His
pupils were slightly dilated, but there was nothing remarkable about
them, his pulse rate was about a hundred, but he did not actually
count that. On turning round to leave the room defendant seemed to
lose his balance, and banged into the door-post. He heard Inspector
Pittock say to him “Mind the door, Mr. Ivory”. He followed Mr. Ivory
and watched him go up the steps outside the station, and he
commenced going up the steps in the middle, but before he got to the
top he had gone into the wall on the left-hand side three times, and
he pushed himself away three times. He was not unsteady. He gave a
certificate. He considered the defendant was drunk.
Cross-examined by Mr. Mowll: He knew a very large number of people
considered the Police steps to test drunkenness were unfair. One did
the tests because it was generally expected of one, but he formed
his opinion on general observation.
Inspector Pittock was re-called by the Chief Constable. He produced
the statement made by Mr. Carter.
The Clerk read the statement of William Sidney Carter, who said that
about 9.15 p.m. he went to the Bouverie Hotel smoke-room, and there
saw “Sam”, and he asked him to have a drink. He had a half a beer,
and Sam asked him to have a drink. He (Sam) went to the bar, and
called for two drinks, and the barman refused to serve him on two
occasions. The barman told him he had had enough. He sat beside Sam,
and remained there until Inspector Pittock went in. He went outside,
and saw Inspector Pittock in conversation with Mr. Ivory, who told
him he was drunk. He (witness) considered Mr. Ivory was not drunk.
Cross-examined by Mr. Mowll: Carter went in with Mr. Ivory, and he
took the statement from Carter, who said he had gone down with Mr.
Ivory in his interests. Carter maintained that Ivory was not drunk,
and said that Sam (meaning Wilson) had been refused drink in the
house.
P.S. Fox said he saw defendant staggering about in the yard. Mr.
Ivory smelt strongly of spirits and he came to the conclusion he was
drunk.
P.S. Thorne said he was station officer at 10.30 on the 28th July,
and defendant went in. Defendant was under his observation for
twelve minutes. Defendant was drunk. He had got a hiccough, his
eyelids were puffed, and his voice was very loud, different to his
usual tone of voice. Defendant collided with the door post when lie
left the office.
The Chief Constable said that was the case for the prosecution.
Mr. Mowll, addressing the magistrates, said there was hardly any
case more difficult to present than a case of denial of drunkenness
in the face of Police evidence. Police officers were very
straightforward and true men, and he felt the difficulty he was
placed in, but it was only fair to his client in exercising his
undoubted right that he should present his side of the case to the
Magistrates, and that was what he was about to do. Mr. Ivory had a
total service in the Army of between 25 and 26 years, and he had
been licensee of the house just on six years. It meant everything to
him, that was all he wanted to say, if they convicted him of this
charge.
Mrs. Lilian Ivory, wife of the defendant, said that on Saturday,
July 28th she came down from the dining-room about 8.30 p.m., and
she saw Wilson there. She gave instructions to the barman not to
serve him, as she thought he had had enough to drink. She told the
barman to tell him to go out, and he was, in fact, at that time
ejected. She did not know he had got hack into the house until the
Police arrived. After the police left her husband insisted on going
to the Police Station, and he asked her Io lock up. She did so. He
had been working behind the saloon bar and the adjoining bar all the
evening. She was here from 8-30. Her husband was perfectly sober -
she was quite sure of that.
Cross-examined by the Chief Constable: Unless they walked into the
saloon bar hey could not see if anyone was drunk. She was surprised
Wilson was there. When Mr. Ivory was called, George Cloke, the
barman, was in charge of that particular bar. Wilson rarely went
into the bar, and she did riot think he had been there for three
months.
Cecil Cloke, the barman of the Bouverie Hotel, said he had been
there for nearly four years. He knew Wilson, and saw him about 9.20
on the night of the 28th. He was then behind the bar. Mrs. Ivory
went along, and told him not to serve him, because he was shouting
about. He refused to serve him. Mrs. Ivory told him to see him
outside, arid he saw Wilson to the door. He did not know when Wilson
went back, and he was quite ignorant of the fact that he was in the
house. In his view defendant was perfectly sober.
Cross-examined by the Chief Constable: It was very difficult to keep
observation on the saloon bar from the serving bar.
Albert George Powell, Dawn Edge, Willingdon, Sussex, a retired
removal contractor, said that on the day in question he was staying
in the hotel part of the Bouverie. H went out about eight o’clock in
the evening, and returned about 10.15. He was sitting in the office
three-quarters of an hour or an hour before he saw Mr. Ivory, who
gave him his receipt for his account. He was with Mr. Ivory for some
time, and he did not notice anything wrong with him at all. As far
as he could judge he was I quite all right. He did not hear anything
had happened until the Monday.
Mr. Henry Hopper, master baker, 36, Morehall Avenue, said that on
the 28th uly he was in the saloon bar about 9.45, land saw Mr. Ivory
behind the bar serving. He was standing. He (witness) called for a
drink, and defendant asked him if he would have a tankard or a
glass. Mr. Ivory asked him if he was busier now, and he replied that
he looked like having a busy week-end, and Mr. Ivory said “That's
right, we have not many weeks to do it in”. His speech was quite
clear, and there was nothing to indicate Mr. Ivory was the worse for
liquor.
Mr. Henry George Hopper, 99, Chart Road, a taxi proprietor, said he
visited the Bouverie Hotel on the 28th, at about 9.40 p.m. He
entered the small bar on the counter, and Mr. Ivory went through.
Mr. Ivory spoke to him, and Mr. Ivory was sober then at a quarter to
ten. He was normal in every way.
Miss Ida Hughes, waitress at the Bouverie Hotel, said that on the
night of e the 28th July Mr. Ivory asked her for two sandwiches
about five minutes to ten, and he appeared to her to be perfectly
sober. Mr. Ivory took the sandwiches into the bar. Just after ten
Mr. Ivory brought the snack covers out. They were difficult to
carry, and he carried them through all right, and put them on the
table. He had to open two doors.
Miss Gladys Archer, housemaid at, the Bouverie Hotel, said she had
the evening out on the 28th July, and she returned at 11.10. The
house was looked up, and she had to ring the bell. Mr. Ivory went to
the door and let her in. He was at that time perfectly sober.
George Albert Whiting, 36, Alexandra Gardens, carpenter, said he was
in the saloon bar at ten minutes to ten, and left at 10.15. He saw
Mr. Ivory, and he had no hesitation in saying he was then perfectly
sober.
George Dolton. 25, Watkin Road, wholesale newsvendor, who was in the
Bouverie Hotel from 9.10 to 9.25 p m., said Mr. Ivory asked him to
let him have all the coppers he had, and he assisted him in counting
up 15s. worth of coppers. Mr. Ivory was perfectly sober, and was
very busy.
Frederick George Salter. 8. Oxford Terrace, foreman decorator, said
he was in the Bouverie Hotel from 9.15 to 10.30 p.m. He was in the
saloon bar, and he aw Mr. Ivory count the coppers out. He was
positive Mr. Ivory was perfectly sober.
Mr. Mowll said he had other witnesses of the same type. He could not
carry the case any further, and if those witnesses did not convince
the Magistrates, no end of other witnesses could.
The Magistrates retired, and on their return the Chairman said the
Magistrates found defendant was guilty of permitting drunkenness,
and he would be fined £2. The second summons would be dismissed on
account of the conflict of evidence.
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Folkestone Herald 11 August 1928.
Local News.
At the Folkestone Police Court on Monday (before Alderman G. Spurgen
and other Magistrates) Samuel Wilson was charged with being drunk
and incapable in Bouverie Road East on Saturday night. He pleaded
Guilty. He was further charged with being found drunk on licensed
premises at the same time, and he pleaded Guilty. The first charge
was withdrawn, and the Chief Constable said that he would proceed
only with the second.
Inspector Pittock stated that at 10.15 p.m. on Saturday last he
visited the Bouverie Hotel, Bouverie Road East, in company with
Sergeant Fox. Witness was in plain clothes, and Sergeant Fox was in
uniform. He entered the smoking room bar and saw the defendant
sitting on a seat just inside the door, in a drowsy condition.
Witness told him that he was a police inspector, and asked him to
stand up. After some hesitation he did so, and staggered to his
feet. Witness then told him that he was drunk, and in a muddled way
Wilson said “Am I?” and sat down again. Witness then requested the
landlord to eject defendant from the premises, and the landlord
ordered him out. He staggered to his feet, and Sergeant Fox assisted
him to the door. On reaching the outside he leaned against the wall.
Seeing that he was totally incapable of taking care of himself,
witness brought him to the police station and charged him.
The Chairman: Had he been served in the Bouverie Hotel?
Inspector Pittock: I am not in a position to say.
The Chief Constable said there were no previous convictions.
Defendant was fined 5s.
Local News.
At the Folkestone Petty Sessions on Tuesday, Michael Ivory, licensee
of the Bouverie Hotel, Bouverie Road East, was summoned for
permitting drunkenness on his licensed premises on July 28th. There
was a further summons alleging that he was himself drunk on licensed
premises. Mr. Rutley Mowll, of Dover, appeared for the defendant.
The Magistrates were Colonel G.P. Owen, Mr. A. Stace, Mr. J.H.
Blamey, Colonel P. Broome-Giles, and Alderman W.H. Moncrieff.
Defendant pleaded Not Guilty to both summonses.
All witnesses were ordered out of Court.
Inspector Pittock said part of his duties were the visiting and
supervision of licensed premises. At 10.15 p.m. on the 28th ult., in
company with Sergeant Fox, he went to the Bouverie Hotel, of which
defendant was the landlord. He went to the smoke room bar, which was
under the archway leading from Bouverie Road East, and was entered
by the second door on the right under the archway. A view could not
be obtained from behind the counter of all the persons in the smoke
room bar. On entering the bar he saw a man named Samuel Wilson,
sitting on a seat near the bar, opposite the door. There were two
women sitting next to him, and some other men on the left. There
were about a dozen people all told. As soon as he entered he noticed
that Wilson appeared to be drowsy. He formed the opinion that he was
drunk. He at once went to the bar and ordered the barman to fetch
Mr. Ivory, the licensee. The barman was behind the bar when witness
entered. There was some little delay before Mr. Ivory appeared. He
saw Mr. Ivory passing outside the premises. Sergeant Fox called him
four times before he came in. He supported himself, continued
witness, by the door posts, and I said to him “This man, Mr. Ivory,
is drunk on your licensed premises”, indicating the man Wilson. He
said “Arrest him. Arrest him”. I said “It is your business to get
him off your premises, and if you require any assistance we will
assist you”. Defendant then shouted to the man Wilson “Get out. Get
out”. Wilson staggered to his feet and lurched forward, and was
assisted to the door by Sergeant Fox, who was in uniform. In getting
outside, Wilson collapsed against the wall. I arrested him and
brought him to the police station. Before leaving the yard with
Wilson I had formed the opinion that Mr. Ivory himself was drunk. I
had formed that opinion immediately Mr. Ivory came into the smoke
room. I formed the opinion because he supported himself by the two
door posts, his eyes were staring, his speech incoherent, and his
general demeanour as to that of a drunken man. Before leaving with
Wilson I said to Mr. Ivory “I shall report you for permitting
drunkenness on your licensed premises, and also for being drunk
yourself on your licensed premises”. He replied “I can do what I
like on my own premises; it is nothing to do with you”. About ten
minutes after arriving at the station, Mr. Ivory arrived at the
station accompanied by a man named Carter. I said to him “Well, Mr.
Ivory, what do you want now?” He said “You accuse me of being
drunk?” I said “Yes, I do”. He said “Well, I have come down here to
see about it, and I will make it ---- hot for you. I will see my
doctor!” I said “Perhaps I can assist you. Would you like to see Dr.
Barrett, the police doctor?” He said “Yes, I will”. Dr. Barrett was
then telephoned for. In the meantime I took a statement from Carter.
Dr. Barrett arrived about 10.38. I told the doctor in the presence
of Mr. Ivory that I was reporting him for being drunk on his own
licensed premises. Dr. Barrett had a conversation with defendant,
and he refused to undergo the usual tests.
By the Clerk: The doctor also saw Wilson and as a result of that
report proceedings were taken against Wilson, who was charged with
being drunk on licensed premises.
By Mr. Mowll: It was a Saturday evening and the hotel was busy. He
was not informed that the same evening Wilson had been turned out of
the house. Defendant was rather resentful of the charge of being
drunk. Defendant did not say he would report him to Mr. Beesley (the
Chief constable). Apparently defendant walked from his hotel to the
police station. It was a five minute walk. It would include going
down some steps. At the police station defendant strenuously denied
the charge again. He accused him (witness) of being drunk. Defendant
himself suggested having a doctor. So far as he knew defendant
walked back to his house.
By the Clerk: The barman was in the serving bar.
Dr. W.C. Barrett, Police Surgeon, said he was asked to come to the
police station about 10.30 p.m. on July 30th. He saw the last
witness and defendant. He said to Ivory “What are you here for?” He
said “This man Pittock says I am drunk, but I know far more about it
than a ---- ignorant man like Pittock”. I then said to him “Will you
go through the usual tests? You know them”. He said “No, I am not
drunk”. I felt his pulse and then I said “If you will not go through
the usual tests there is not much for me to do”. I had him under
observation for five minutes. He was excited; his voice was loud,
far louder than I thought was necessary; he was blustering; his
pupils were slightly dilated – there was nothing remarkable about
them; his pulse was about 100 (the normal was 80). On turning round
to leave the room he seemed to lose his balance and banged into the
door. I heard Inspector Pittock say to him “Mind the door, Mr.
Avory”. I followed him and watched him go up the steps outside the
station. He commenced going up the steps in the middle, but before
he had got to the top he had gone into the left hand side three
times. He was not in any way unsteady, but he went into the wall.
From my observation I gave a certificate. I considered he was drunk.
By Mr. Mowll: Police tests for drunkenness are considered by many as
very unfair. Three times in five minutes defendant said he was not
drunk.
Inspector Pittock, re-called, said he took a statement from Carter.
The Clerk (Mr. J. Andrew) then read the statement to the
Magistrates. The witness Carter said the barman refused on two
occasions to serve Wilson, and when Inspector Pittock accused Mr.
Ivory of being drunk, he (Carter) considered he was not.
Cross-examined by Mr. Mowll, Inspector Pittock said Carter came to
the police station with defendant. He said he had come down in
defendant's interests. Carter said Ivory was not drunk and he also
said Wilson had been refused drinks in the house.
Sergt. Fox gave corroborative evidence. He saw defendant staggering
about in the yard. He smelt strongly of spirits.
Sergt. Thorne, who was station officer on the night of July 28th,
said defendant came in and he was under his observation about 12
minutes. He was drunk. He had got hiccoughs; his eyelids were
puffed; he was loud in his speech.
Mr. Mowll said there was hardly any case more difficult than a case
in which there was a denial of drunkenness to police evidence. But
it was only fair to his client that he should present his side of
the case. Defendant had had a fine career in the Army – 25 to 26
years' service – and the result of that case meant everything to
him.
Mrs. L. Ivory, the wife of the defendant, said on the night in
question she came downstairs from the hotel part of the premises at
about 8.30 p.m. She saw Wilson, and told the barman not to serve
him, because she thought he had had enough to drink. She also told
the barman to tell him to go out, and he was ejected. She did not
know he had got back again into the house until the police arrived.
After the polie left her husband insisted on going to the police
station. He had been working behind the saloon bar all the evening.
She was there too. Her husband was perfectly sober.
Cross-examined, witness said unless one went into the smoke room one
could not see if anyone there was drunk. From time to time her
husband went into the bars to see if everything was all right. Mrs.
Ivory said on a previous occasion Wilson had been ejected by her
husband.
Cecil Cloke, barman at the Bouverie Hotel, said he saw Wilson once
on the night of July 28th, about 9.20. Mrs. Ivory told him not to
serve him because he was shouting about. He refused to serve him.
Mrs. Ivory also told him to see Wilson outside, and he did so. He
could not say when Wilson came back, and he was not aware of his
presence in the house when the police arrived. Mr. Ivory was
perfectly sober all the evening.
By the Chief Constable: It was very difficult to keep observation in
the smoke room bar.
Albert George Powell, of Dawn Hedge, Willingdon, near Eastbourne, a
retired removal contractor, said on the day in question he was
staying at the hotel. He went out, and returned about 10.15. He saw
Mr. Ivory about three quarters of an hour later. He did not notice
anything wrong with him.
Henry Hopper, 36, Morehall Avenue, a master baker, stated that on
the 28th ultimo he was in the saloon bar about 9.45. He saw Mr.
Ivory there serving. Defendant's speech was quite clear, and there
was nothing to indicate that he was the worse for liquor.
Henry George Hopper, of 99, Chart Road, said he was at the Bouverie
Hotel at 9.40 p.m. on the 28th ultimo. Defendant was quite sober.
Ida Hughes, a waitress at defendant's hotel, said at 9.45 Mr. Ivory
asked her for two sandwiches. He was then perfectly sober. Just
after 10 o'clock defendant got his snack dishes out, and he took
them through two doors, which he had to open himself.
Gladys Archer, a housemaid at the Bouverie Hotel, said defendant
opened the door to her at 11.10. He was perfectly sober.
Geo. Albert Whiting, 3, Alexandra Gardens, a carpenter, said he saw
defendant at two minutes to ten and he was perfectly sober.
George Dolton, 25, Watkin Road, wholesale newsvendor, said he was at
the Bouverie Hotel from 9.10 to 9.25. He saw defendant, who asked
him to let him have all the coppers he had got. He gave him 15s.
worth of coppers, defendant assisting to count them. He was quit
sober.
Frederick Geo. Salter, 8, Oxford Terrace, a former decorator, said
he was at the Bouverie Hotel from 9.15 to 10.30. He saw defendant
counting up the coppers and serving customers.
Mr. Mowll said he had several other witnesses of the same type, but
if the witnesses the Magistrates had already heard did not convince
them no more could.
The Magistrates retired, and upon their return the Chairman
announced that the Bench found defendant Guilty on the charge of
permitting drunkenness, and he would be fined £2. The second charge
would be dismissed on account of the conflict of evidence.
|
Folkestone Herald 28 September 1929.
Local News.
At the Folkestone Petty Sessions on Tuesday, Joseph Percival Lord,
of 284, Cheriton Road, was granted a protection order pending the
full transfer of the licence of the Bouverie Hotel to him from Mr.
M. Ivory at the next licensing sessions.
|
Folkestone Express 12 October 1929.
Local News.
A special transfer sessions was held at the Folkestone Police Court
on Wednesday, when transfers in connection with several well-known
licensed houses were made.
The following full licence was transferred: The Bouverie Hotel,
Bouverie Road East, from Mr. Ivory to Mr. Joseph P. Lord.
|
Folkestone Herald 12 October 1929.
Local News.
The transfer of several licences was approved by the Folkestone
Magistrates at the Folkestone transfer sessions on Wednesday. The
Magistrates approved the transfer of the licence of the Bouverie
Hotel from Mr. M. Ivory to Mr. J.P. Lord, a protection order in
respect of which was granted a fortnight ago.
|
Folkestone Express 28 June 1930.
Saturday, June 21st: Before Alderman C. Ed. Mumford, Mr. W. Smith,
Dr. W.W. Nuttall, Alderman T.S. Franks, Mrs. E. Gore, and Mr. R.J.
Stokes.
Albert Henry Whitley, an electrician, was charged with being drunk
on licensed premises on the previous evening, at the Bouverie Hotel,
and refusing to quit on the request of the landlord. Prisoner
pleaded Guilty.
Inspector Pittock said at 9.45 p.m. on the previous day, in
consequence of what he was told, he went to the Bouverie Hotel in
company with Detective Sergeant Rowe. On entering the smoke room bar
he saw the prisoner and he formed the opinion that he was drunk. He
went round to the landlord and made a communication to him and he
went to the smoke room bar. Prisoner came out almost immediately and
went round to the saloon bar. He followed him in there and told him
that he was a police inspector (he was in plain clothes) and said
that he was of the opinion that he had had enough to drink and
should go. Prisoner refused to go outside, and the licensee then
went into the saloon bar and said to the prisoner “I told you to go
out of the other bar. How is it you are here?” Prisoner still
refused to leave, and the landlord came to the public side of the
bar. He took him by the arm and witness took the other and they put
him outside the premises. Witness requested prisoner several times
to go away and gave him every opportunity to go home, but he used
bad language and would not go, so he took him into custody. They had
some difficulty in getting him to the police station.
Prisoner said he was afraid he had nothing to say, but he was sorry
for what had happened.
Inspector Pittock said the prisoner had been in the town about four
years, and was an electrician by occupation. He understood he was an
excellent workman, but he was addicted to drink. He believed he had
had some trouble recently with his wife.
The Clerk (Mr. J. Andrew) said it was no prejudice against the
prisoner to say that his wife had applied for a maintenance order
and separation against him.
Prisoner: I did not know that.
The Chairman said that the Magistrates wished to remind the prisoner
that not only had he acted wrongly, but he had, through his conduct,
endangered the licence of the licensee of the hotel. They wanted to
say that they knew very well that he had home troubles, but that
might be his own fault. He had not been up there before, and they
were taking into consideration that at the present time he was out
of work, but whatever he did, he must not try to do that again. He
would be fined 5s. If he could keep away from drink he would be a
useful citizen.
|
Folkestone Herald 28 June 1930.
Saturday, June 21st: Before Alderman C.E. Mumford, Dr. W. Nuttall,
Alderman T.S. Franks, Mrs. Gore, Mr. William Smith, and Mr. R.T.
Stokes.
Albert Henry Whitley was charged with being drunk on licensed
premises the previous evening and refusing to quit on the request of
the landlord. Prisoner pleaded Guilty.
Chief Inspector Pittock said that at 9.45 the previous evening he
went into the smoke bar of the Bouverie Hotel, in company with
Detective Sergeant Rowe, in plain clothes. In the smoke bar they saw
Whitley, and witness formed the opinion that he was drunk. They went
into the saloon bar and got into communication with the landlord.
Almost immediately Whitley came into the saloon bar and witness told
him that he was a police inspector, and in his opinion, he
(prisoner) was drunk. Witness told him to leave the premises, but he
refused to go. The landlord got hold of one of Whitley's arms, and
witness got hold of the other, and they ejected him. When outside,
witness requested Whitley to go home several times, but he refused
to, and used bad language. Witness took him into custody, and had
difficulty in getting him to the police station.
Prisoner said he was sorry for what had happened.
Chief Inspector Pittock said Whitley had been in the town for about
four years, and was an electrician by occupation. He was an
excellent workman, but was addicted to drink. He had had difficulty
recently with his wife.
The Magistrates fined Whitley 5s., and dealt with the case leniently
because of his being out of work. They told him that if he kept away
from drink he would be a useful citizen.
|
Folkestone Express 28 January 1939.
Quarter Sessions.
Allegations that a man, whose name was not disclosed, plied Ely John
Michael Ivory (30), described as a manager, of Alexandra Gardens,
Folkestone, with drink and then suggested that he should break into
a house in the west end of Folkestone were made by Ivory’s defending
counsel at the Folkestone Quarter Sessions on Saturday, when Ivory
was sentenced to six months’ hard labour for breaking and entering
the house No. 27, Grimston Avenue, with intent to steal. Mr. Norman
Parkes, who represented Ivory, said the suggestion rather appealed
to the prisoner in his condition.
Brinley Dobbs (35), of Grace Hill, Folkestone, described as a
waiter, was found guilty of aiding, abetting and assisting Ivory and
was remanded in custody until the next Sessions, when the Recorder
stated he would make known his decision.
When the prisoners were placed in the dock together Ivory pleaded
guilty, but Dobbs pleaded not guilty. The charge against Dobbs was
therefore heard by a jury.
Mr. B H. Waddy (instructed by Mr. B.H. Bonniface) prosecuted on
behalf of the Crown, and Mr. H.J. Baxter (instructed by Mr. J.E.
Chapple, Hythe) defended. Mr. Norman Parkes (instructed by Mr. M.J.
Attle) appeared on behalf of Ivory.
Mr. Waddy said one prisoner had pleaded guilty to a burglary at the
house, and Dobbs was charged with aiding and abetting him. Evidence
would be called to show that Dobbs was walking up and down outside
the house, as schoolboys said “Keeping cave” for ivory, and if the
jury were satisfied on the evidence then he would be Guilty of the
charge against him.
Mr. W.J.H. Miller said he was a handyman employed by Mrs. F.M. King,
of 29, Grimston Avenue. The house was furnished but it was not
occupied on the night of December 19th. Mrs. King and he went to the
house during that day. They both left at half past six, the house
being secure, and there were no broken windows in the kitchen or
scullery. On the following morning he found the glass door in the
butler's pantry had been broken.
Mr. R.M. Bedford, of 205, Dover Road, Folkestone, said he was a chef
employed at No. 31, Grimston Avenue, which was next door to the
house broken into. On Monday evening, December 19th, he started to
go home from his work about ten minutes past nine. At the time it
was snowing and the wind was howling. As he was going out of the
drive pushing his cycle he saw two men passing the gate, going
towards Sandgate Road. One was Dobbs and the other Ivory. He was
quite certain about Dobbs. One of the men said “This is the house”,
and the other replied “No, this is the one”. The men passed the gate
of No. 31, but stopped by No. 29. He got on his bicycle and rode up
towards Bouverie Road West, but as he did so he turned round and saw
Dobbs, but Ivory had disappeared. Dobbs was walking up and down in
front of Nos. 27 and 29. He knew at the time that Mrs. King was not
staying in No. 29 at nights. When he got to the corner of Bouverie
Road West he stood at the corner and Dobbs was still walking up and
down, there was no sign of Ivory. He rode down Bouverie Road West
into Earl’s Avenue and went into Grimston Gardens, coming out of the
gardens by the gate in order to get into Grimston Avenue. He then
saw Dobbs outside No. 29 and as he (witness) crossed the road he
heard a sound of splintering glass from the back of No. 29. He went
to No. 31 in order to telephone to the police, but the telephone was
out of order. He therefore went to No. 33 and left a message there
to be telephoned. When he came out of there he saw Dobbs walk across
the road and turn from Grimston Avenue into Grimston Gardens. He
stood by the side of a tree for a few seconds. Immediately after
P.C. McNaughton came along on his bicycle and he spoke to him.
Dobbs, by that time, had disappeared. He saw P.C. McNaughton go to
the back entrance of No. 29, Grimston Avenue, and later he saw
detective officers arrive in a car.
Cross-examined, witness said he had never, so far as he knew, seen
Dobbs previous to that night. He was positive Dobbs was the man
outside No. 29. About a quarter of an hour or ten minutes elapsed
from the first time he saw the two men to the detective officers
arriving. Later he saw some people standing near the two police
cars, but he did not recognise Dobbs as one of them because he did
not take particular notice of them.
Mr. Baxter: You never saw the man whom you had seen outside the
house from the moment the police officer arrived until you attended
at the Police Court next morning?
Witness: No, sir.
In reply to the Recorder witness said the man whom he saw walking up
and down was short and fat. When he passed, behind the two men as he
came out of No. 31, Grimston Avenue they were quite close to a
street lamp. Proceeding, witness said as he came out of No. 33,
after leaving a message to be telephoned, Dobbs was standing under a
tree and remained there until P.C. McNaughton arrived.
P.C. McNaughton said he inspected the furnished and unoccupied
house, No. 29, Grimston Avenue on December 19th at 8.55 p.m. It was
then all correct. He went round Grimston Gardens on his cycle and he
returned into Grimston Avenue, where he saw two men, one of whom was
Dobbs. The other, whom he learned subsequently, was the witness,
Bedford. Dobbs was practically opposite No. 25 and was walking
towards Grimston Gardens, and was going away from No. 29. In
consequence of what Bedford said he made an inspection of No. 29 and
he found two panes of glass had been broken in the kitchen.
Shortly after lie met two detective officers with whom he had a
conversation, and he immediately went after Dobbs whom he saw in
Grimston Gardens walking towards Earls Avenue. He said to him
“Dobbs, I want you”. Dobbs replied “What for?” He then said “I have
seen you coming away from the direction of a house that has been
entered and I shall detain you for enquiries”. Dobbs made no reply
to that. He took him back to the house, where he saw Ivory in the
company of the two detectives. Dobbs waited outside the house with
him for five or seven minutes before being taken away in the police
car.
Det. Sgt. Johnson said that at 9.33 p.m. on December 19th he went
with Det. Constable Bates in a police car to No. 28, Grimston Avenue
in consequence of a telephone message received. As the car was going
along Grimston Gardens he saw Dobbs walking along on the garden
side. He (witness) proceeded in the car into Grimston Avenue where
he saw P.C. McNaughton, to whom he gave certain instructions. He
went to No. 29 and examined the rear of the premises. He found that
a window in the scullery and another window had been broken. Det.
Constable Bates, and he entered the premises and found Ivory hiding
behind an armchair in the kitchen. They searched him and in his
possession were found a torch, a screwdriver and a table knife,
while he was also wearing gloves. When he got outside with Ivory, P.
C. McNaughton and two other officers were there with Dobbs. As Dobbs
was about to be put into the police van he made a remark as to what
he was being taken in for and he (witness) believed his reply was
“If you do not know, you soon will”. He did not then explain
anything to him. Dobbs and Ivory were taken to the Police Station
and at about 11.20 they were formally charged and cautioned. Ivory
replied in Dobbs’ presence “I saw Dobbs earlier in the evening, but
he had nothing to do with it”. Dobbs said “I was not near the house.
I was fetched to the house by a policeman”.
Inspector Rowe gave evidence that he was in charge of the Police
Station when Ivory and Dobbs were brought in, and they were
cautioned and charged.
Cross-examined, witness said he believed Dobbs had a perfectly good
character.
Mr. Waddy: I can tell Mr. Baxter Dobbs has a perfectly clean record.
The Recorder intimated to Mr. Baxter that there was certainly a case
for him to meet.
Dobbs, giving evidence, said in December he was employed at the
School of Education at Shorncliffe. He had never been charged with
any offence before. He joined the Army when he was 14½ years of age
and had to be discharged because he was under age. He later joined
the Army and after serving ten years he was discharged with
exemplary character. He was employed as a night watchman at the
Astoria Theatre for two and a quarter years and left there because
of a reduction in the staff, being given a good reference. He
obtained his present employment in May last year. On December 19th
he went to the Circle Club in Sandgate Road at about twenty minutes
past eight, leaving there about twenty minutes later. He had a drink
in the Club and during the time he was there Ivory came into the
Club. He had a conversation with him, but he did not leave the Club
with Ivory. When he left he walked up Sandgate Road as far as the
Metropole Hotel and he was going on to the Leas, but owing to the
weather he turned into Grimston Avenue and then turned along
Grimston Gardens towards his
home. He was not with Ivory in Grimston Avenue at any time that
night, neither did he walk up and down outside No. 29, or any other
house in Grimston Avenue that evening. P.C. McNaughton came up to
him in Grimston Gardens and said “Dobbs, I want you”. He replied
“What do you want me for?” and the constable said “You will soon
find out”. He therefore went back with him to the police car, which
was standing outside No. 29. He talked to one of the drivers of the
two cars there and said “What is wrong?” and he replied he did not
know. He agreed that Det. Sgt. Johnson when he spoke to him as to
why they wanted him, said “You will soon find out”.
Cross-examined, witness said Ivory left the Circle Club a few
minutes before him, but he did not know where he was going. It was
quite wrong for Det. Sgt. Johnson to say he saw him walking on the
gardens side of Grimston Gardens. He did not see the police car pass
him. It was not the truth to say that he knew Ivory was going to
break into the house and that he was waiting outside in case he was
disturbed.
The jury were absent about seven minutes considering their verdict
and when they returned to the Court the foreman announced that they
found Dobbs Guilty.
Ivory was then placed in the dock with Dobbs.
Det. Sgt. Johnson said Ivory was born at Folkestone. His father was
the licensee of the Bouverie Hotel, Folkestone. The defendant’s
mother was now the proprietress of a boarding house. Ivory attended
school until the age of 16 years and on leaving was apprenticed to
motor engineers at Folkestone for two years. From 1926 to 1929 he
assisted his father in his business at the Bouverie Hotel. When the
family left the hotel, Ivory went to Germany as a teacher of
English, being employed with the Berlitz Schools at three different
towns for eighteen months. He returned to England as he saw no
prospects of advancement and was out of employment until January,
1932, when he went to Jamaica to try and find employment. Being
unable to find employment he returned to England in June, 1932. In
November of that year his mother opened the boarding house and since
then Ivory had lived there and assisted in the business. He was
married on the 21st May last year. “Ivory has long been suspected of
being concerned in breaking offences”, continued Det. Sgt. Johnson,
“in this borough and has been interrogated respecting the same on
more than one occasion. He has been closely associated with two men
who have recently been convicted and sentenced to imprisonment for
burglary and other offences with two other men. It is also known
that he has associated with well- known members of the criminal
fraternity in London. He is a heavy drinker and spends most of his
time in clubs and public house bars. There are no previous
convictions recorded against him”.
Witness, proceeding, said Dobbs was born at Llanharran, Glamorgan,
and both his parents were dead. His father was a colliery fireman.
Prisoner attended the Llanwood School, Pontypridd, until 14 years of
age. He was then employed as an engine driver in the Great Western
Colliery, Pontypridd, for three years. In July, 1920, he joined the
Royal Corps of Signals and served in Sierra Leone, West Africa, and
Ireland until 1924. He was then unemployed for a year, when he again
enlisted into the Dragoon Guards, being discharged time expired in
1932. He was then unemployed until April 15th, 1935, when he
obtained employment as night watchman and cleaner at the Astoria
Cinema, Folkestone. He lost the situation on December 4th, 1937,
when the staff was reduced. He was again unemployed until May, 1938,
when he obtained a situation as waiter in the Warrant Officers and
Sergeants’ Mess at the Army School of Education. He was in that
situation at the time of his arrest. His Army character was
exemplary. He was a single man. There were no previous convictions
recorded against him.
Mr. Parkes said he would like to ask the witness if it was right
that the aspersions he had made about Ivory’s previous conduct was
largely based upon his association with certain men together with
statements he had made. At any rate, neither his associations nor
his associations with other men had led the police to place any
evidence before a jury?
Det. Sgt. Johnson: That is so.
He has never been charged before? - Never.
After this burglary, to which he has pleaded guilty, did a police
officer visit his mother’s house and search the premises? - I did.
Doubtless you make a thorough search and it is right to say nothing
could be found there of which complaint could be made? - That is so.
Mr. Parkes said Ivory desired him to express his very sincere regret
for having committed that serious crime, the seriousness of which he
now fully appreciated and more so that his arrest had brought
considerable trouble upon himself and his mother, a very respectable
woman, who carried on a good class boarding house business in
Folkestone. Added to the natural anxiety of a mother finding her son
in that situation, one could understand the harm a charge of that
kind must do to her business. More than that, Ivory’s wife, to whom
he was married a short time ago, had left him as a result of his
arrest. He did urge upon the Recorder that one of his reasons for
asking him to deal as leniently as he could with Ivory it might be
that if dealt with leniently, his wife would be the more ready to
return to him, the other alternative being the possibility if they
were apart for a time the estrangment between them might be
permanent. The police had told the Court that Ivory had been
suspected for some time of having been connected with house breaking
in that borough. He (Mr. Parkes) asked the Recorder to ignore that
suggestion completely. It arose through his association with
undesirable persons. The prisoner admitted he had associated with
undesirable persons, but he denied quite definitely ever before
taking part in any adventure of this kind. Ivory when arrested said
“I expected you would get me sooner or later”. The explanation he
desired him (Mr. Parkes) to put forward for that was that as they
had heard through his associations he had been frequently
interrogated by the police. It was the fact of the numerous frequent
interrogations caused some resentment in his mind against the
police, whether it was right or not, and the expression he used
arose from that resentment. “The prisoner tells me”, (Mr. Parkes
proceeded, “on the evening on the day on which he committed this
burglary he was approached by a certain man. I do not think it would
be right for me to mention this unless I gave the name of the man
and where to find him. I have written it down and written down his
occupation, and I should be glad to hand it up to the Recorder or if
the police would like to know it it is here for them. The prisoner
was approached by this man in a motor car; he called to him at his
home and took him to Hythe and there he plied him wit drink and then
brought him back to Folkestone. On the way back, Ivory being under
the influence of drink he had taken, this man suggested to him he
should break into this house and gave him the information in regard
to it being empty and so forth. Having made that suggestion, which
in his confused condition rather appealed to the prisoner, they went
to the Circle Club, as you have heard.” Mr. Parkes, continuing, said
after leaving the Club they went to an hotel, where the prisoner was
again plied with drink by that man. He had a witness whom he would
call to tell the Court that that particular man was there and that
the prisoner was being supplied with drink, and just after nine he
was definitely showing the result of the drinks he had taken. He
(Mr. Parkes) could not put forward, as they knew, that he was drunk
as any excuse for the course the prisoner took, but be did ask the
Recorder to take into consideration that there was a man of good
character, who had had more drink than was good for him and who, at
the suggestion of another man, an older man, took part in that
crime. When they left the hotel he was instructed that Ivory was
driven off in a car by a man, presumably in the direction of this
house. He (Mr. Parkes) appreciated at the time of his arrest Ivory
was found in possession of certain articles of which the Court might
desire some explanation. He instructed him to say the screwdriver
was given him by that man and the torch was given to him for the
purpose of returning it to a man from whom it was borrowed some time
ago. “That it is not the work of a professional housebreaker”, Mr.
Parkes continued, “is supported by the way in which it was carried
out. If one had listened to the evidence in the case the first thing
that would strike one is the very amateurish way these two men set
about their project. These two men set about their project by
discussing on the public footpath the house they were going to
enter. That is obviously the conduct of persons who were neither
experienced housebreakers nor persons who, at the time they
committed the crime, were really wholly responsible for their
actions as they would be if they were sober”. He proposed to call
two witnesses, and having heard that evidence he would ask the
Recorder to treat that case as leniently as possible with Ivory, who
had committed that crime at the instigation of someone else and
committed at a time when he had visited public house after public
house and was definitely suffering from drink. His learned friend,
Mr. Baxter, asked him to make it clear that the other man of whom he
had spoken was not the prisoner Dobbs. He wished to add that it
would be foolish for him, on behalf of the prisoner, to make those
suggestions about another man unless he was prepared to give his
name and such particulars as were necessary to identify him.
Mr. Aubrey McElroy, 75, Shornclifle Crescent, Folkestone, said on
December 19th he went into the Queen’s Hotel, where he saw Ivory at
eight minutes to nine. He would say he was very drunk. He was with
another man and they left together eventually. He saw them at about
four or five minutes past nine standing by a saloon car outside tile
hotel. He had known Ivory for two years and was one of his great
friends. He spoke to Ivory and tried to persuade him not to have any
more drink. He could not say that Ivory was plied with drinks
because he was not there sufficiently long enough.
Cross-examined, witness said he did say they were serving Ivory with
drink, but he had a glass by the side of him.
Mr. Waddy: Did you see him drink?
Witness: I really only noticed a glass by the side of him.
Is it your opinion that he was, as my friend talks about, being
plied with drink at that hotel? - I should not think so.
In answer to further questions, witness said in view of Ivory’s
condition he did not think he could have climbed through a broken
window.
Mr. Waddy: Do you think he would be likely at half past nine to be
in the condition as described by the police officer?
Witness: I suppose the shock of seeing the police officers might
have sobered him.
He was found not only with a screwdriver, a torch and a table knife,
but he was wearing gloves? You know gloves are things to prevent
finger prints being left? - Yes, but they are also for wearing in
cold weather.
Questioned by the Recorder, witness said he did not think Ivory
would drink a terrific amount. He had seen him before as intoxicated
as he was on December 19th. He should think it was obvious to
everyone that he was drunk. He did not know if he was refused, but
merely noticed a glass by the side of him.
Mrs. E.J. Ivory, the mother of the prisoner, said she kept a
boarding house and he had been living with her for two months. In
spite of that case she would provide him with a home, for he was her
right hand. If the Recorder found it possible to let him go on
certain conditions, with someone looking after him, she would be
prepared to co-operate with that particular person.
Questioned by the Recorder, Mrs. Ivory said her son was married in
May and his wife lived with him until Christmas Eve. Her son and his
wife lived at a flat first and later they came to live in the
boarding house with her. They appeared to get on well together.
Mr. Baxter, on behalf of Dobbs, said that he had had not merely a
good character, but an excellent character, which his Army discharge
papers showed as exemplary. He had many testimonials from officers
under whom he had served, and when he left the Astoria in December,
1937, the management stated he was excellent in every way. At the
School of Education his services had been perfectly satisfactory. It
was difficult under those circumstances to understand why he had
committed the offence with which he had been found guilty. He had
had a conversation with him since the finish of the case against him
and he assured him he had never been out with Ivory before and that
he was completely unable to give any explanation why he went with
Ivory on that occasion. He, however, assured him he would not commit
any offence of that kind again. He had been already in custody for
five weeks, and the Recorder might think that that fulfilled the
function which he might think was necessary. He had had his lesson.
He (Mr. Baxter) said he was instructed to say from an officer of the
School of Education that if a certain course was taken it would
permit the matter of his employment being referred to a higher
Authority. If he was sentenced he would lose his position.
The Recorder, addressing Ivory, said he had pleaded guilty to
burglary. Very few burglars would meet with but little encouragement
in that Court. He had listened to the very eloquent and able speech
on his behalf by Mr. Norman Parkes, but he did not find himself in
the position to be able to take the lenient view which he was asked
to do. Ivory’s character was not good, but he was not sentencing him
on the character he might have been given, but sentencing him for
the offence he had committed. He noted when considering the matter
whether he be an amateur or professional burglar, he had in his
equipment a torch and a screwdriver. He also had a most useful
weapon, a knife which could easily be slipped between the sash of a
double window. Whether he was proposing to use that in that way he
did not know. He (the Recorder) did not think he would be doing his
duty towards the community if he did not impose a sentence upon him,
and he did not think he would be doing justice if he sentenced him
to a term of less than six months' imprisonment.
Concerning Dobbs, he had been found guilty, and he thought very
properly so, of aiding and abetting Ivory. It might seem to Dobbs
not quite so serious an offence, as Mr. Waddy said, to fill the
part, of “keeping cave”, but it was a very necessary part if a
burglary was to be successful. He would have been surprised if the
jury had come to any other decision, having regard to the very clear
evidence of the young chef, who would not say anything without
thought and evident deliberation. He (the Recorder) bore in mind
that he had a good character and that it might be possible for him
to be taken into his employment again if a certain course was
adopted. He was not going so far as that, but he proposed to remand
him and he would have enquiries directed to that department of the
Army. If, when he came up for Judgment at the next Sessions, he
would be able to be taken into employment he would be in no worse
position than being bound over. He therefore passed no sentence upon
him, but remanded him in custody until the next Quarter Sessions.
|
Folkestone Herald 28 January 1939.
Local News.
A suggestion that a man had been “incited” to commit a burglary
after being plied with drinks was made by counsel at Folkestone
Quarter Sessions on Saturday, when Ely John Michael Ivory, of
Alexandra Gardens, Folkestone, a boarding-house manager, pleaded
guilty to a charge of burglary. Ivory admitted breaking and entering
29, Grimston Avenue, the residence of Mrs. Florence Murial King,
with intent to steal, on the night of December 19th. Brinley Dobbs,
35, of Grace Hill, Folkestone, a waiter, was found guilty of aiding
and abetting Ivory.
The Recorder (Mr. Tristram Beresford, K.C) sentenced Ivory to six
months’ imprisonment, and postponed sentence on Dobbs to the next
sessions.
Mr. B.H. Waddy prosecuted, Mr. Norman Parkes represented Ivory and
Mr. H.J. Baxter appeared for Dobbs.
After Ivory had pleaded guilty, a jury was empanelled to hear the
case against Dobbs, who pleaded not guilty to “being present and
aiding and abetting and assisting Ivory to commit such crime”.
Opening the case, Mr. Waddy said while Ivory was breaking into this
house, 29, Grimston Avenue, with intent to steal, the prosecution
alleged that Dobbs was outside doing what j schoolboys called
“keeping cavey”. The house had for some little time been left
unoccupied at night, but the owner had been there during the day
(December 19th) and everything was to order when she left at 6.30
p.m. Shortly after 9 o’clock a young man named Bedford, who was
employed next door and was leaving for home, saw two men. He would
tell them that he was perfectly certain Ivory and Dobbs were the two
men, and he heard one say to the other “This is the house”, and the
other replied “No, this is the one”.
Counsel, continuing, said later a police officer arrived and Dobbs,
who had been seen outside the house for some time, was detained.
William J.H. Miller, 30, Millfield, Folkestone, a handyman employed
by Mrs. King at 29, Grimston Avenue, said the house was not occupied
at night on December 19th but he had been there during the day.
Witness and Mrs. King left at 6.30 p.m. and the house was secure.
Robert M. Bedford, 225, Dover Road, Folkestone, a chef employed at
31, Grimston Avenue, next door to No. 29, said on Monday, December
19th, he started to go home about 9.10 p.m. He left by the drive; it
was snowing and the wind was howling. As he came out of No. 31 he
saw two men passing the first gate of No. 31. One man was Dobbs and
the other was Ivory. He heard one say “This is the house”, and the
other said “No it isn’t, this is the one”. They passed the gate and
stopped by No. 29. Witness got on his bicycle to ride away, but on
turning round he noticed that Ivory was no longer there. Dobbs,
however, was outside, walking up and down between Nos. 27 and 29.
Witness rode as far as Bouverie Road West, about 200 to 250 yards
away, and then stopped at the corner. Looking back he could see
Dobbs, who was still walking up and down. Witness got on his
bicycle, rode into Grimston Gardens by way of Earl's Avenue and
eventually got back to Grimston Avenue, opposite Nos. 29 and 31.
Dobbs was then outside No. 29. As he crossed the road he heard the
splintering of glass coming from the back of No. 29. Witness
attempted to telephone from No. 31, but the phone was out of order
and he sent a message from No. 33. When he came out he saw Dobbs
walking across Grimston Avenue to Grimston Gardens. Dobbs then stood
beside a tree for a few seconds. P.C. McNaughton arrived and witness
spoke to him. Dobbs had then gone. P.C. McNaughton went to the back
entrance of No. 29, and then to the front door. As he went to the
rear of the house detectives arrived in a car.
Mr. Baxter: As far as you know, you had never seen Dobbs before that
night?
Witness: No.
And it was a very dark, snowy night? - It was.
When you were coming out of the drive of No. 31 the men whom you saw
had passed the gate? - Yes.
You never saw their faces? - Yes, there is a lamp post outside our
house.
From the time you heard the men speaking to the time the police
arrived, how long do you think it was? – About 11 minutes.
Replying to further questions, witness said Dobbs was wearing the
same coat on that night as he was that day.
The Recorder: The man whom you saw and identified was Dobbs, apart
from the heavy coat he had on, can you describe him to the jury?
Witness: He was short and fat.
How near did you pass these two men? - I passed behind them.
Replying to a further question by the Recorder, witness said he
could see the men quite distinctly by the street lamp outside No.
31.
P.C. McNaughton said on December 19th at 8.55 p.m. he inspected 29,
Grimston Avenue and found everything correct. He returned to
Grimston Avenue shortly after and saw two men there. He knew one of
them as Dodds: the other was Bedford. When witness came back to
Grimston Avenue Dobbs was practically opposite No. 29. Bedford spoke
to him and, making an inspection of No. 29, Grimston Avenue, he
found that two panes of glass of the kitchen had been broken.
Returning to the front of the house he met two detective officers.
Withes spoke to them and then went after Dobbs. He found him between
Nos. 7 and 9, Grimston Gardens. He said to him: “Dobbs, I want
you''. He asked what for and witness replied “I have seen you coning
away from 29, Grimston Avenue, which has been entered and I shall
detain you for enquiries”. Dobbs made no reply. He took Dobbs back
to No. 29, where the police van was; after getting back there,
witness saw Ivory in company of the two detectives. While waiting
outside No. 29, he did not hear Dobbs ask why he was being detained.
Mr. Baxter: Didn’t you say to Dobbs when he asked what he was wanted
for, “I will tell you later?”
Witness: No.
The Recorder: The first time you saw Dobbs that night he was in
Grlmston Avenue or Grimston Gardens?
Witness: Grimston Avenue.
Det. Sergt. Johnson said at 9.33 p.m. on December 19th he went with
Det. Const. Bates to 29, Grimston Avenue in consequence of a
telephone message. On the way, when going through Grimtston Gardens,
he saw Dobbs. Witness went to No. 29 and found a casement window in
the scullery been broken. He entered the premises and searching the
kitchen he found Ivory hiding behind an armchair. In his possession
were a screwdriver, an electric torch and a table knife. He was
wearing gloves. When Ivory was brought out of the house P.C.
McNaughton and other officers were there with Dobbs. As Dobbs was
about to be put into the police van he made a remark about what he
was being taken in for, and witness replied something like “If you
don’t know now you soon will”. The defendants were charged at 11.20
p.m. Ivory replied “I saw Dobbs earlier in the evening but he had
nothing to do with this”. Dobbs replied “I was not near the house. I
was fetched to the house by the policeman”.
Inspector J. Rowe, who also gave evidence, was asked by counsel:
“This man has a perfectly good character?” and he replied: “I
believe he has”.
Dobbs, giving evidence, said at the time of his arrest he was
employed at the School of Education, Shorncliffe Camp. He had joined
the Army when he was 14½ and had to be turned down when his age was
discovered. Later he joined the Army and was discharged with an
exemplary character. He had been employed as a night watchman at the
Astoria Cinema, Folkestone, for nearly three years before being
discharged owing to a reduction in the number of the staff. He had
been at the School of Education since May, 1938. On Monday, December
19th, he went to the Circle Club, Sandgate Road, arriving there at
8.40 p.m. after leaving home at 8.20 p.m. He had one glass of beer
there. While there Ivory came into the club and he said “Good
evening” to him. Ivory went before he (Dobbs) left. Dobbs said he
left the club at 9.10 p.m., walked up Sandgate Road as far as the
Metropole. He turned right into Grimston Avenue and turned again
into Grimston Gardens towards his home. He was at no time in
Grimston Avenue with Ivory. He denied walking up and down outside
the house; or any other house in that district. P.C. McNaughton came
up and said “Eh, Dobbs, I want you”. He said “What do you want?”
McNaughton replied “You will soon find out”. Later he asked Sergt
Johnson what he was being taken in for. He said: “Haven’t they told
you yet?” He (Dobbs) said “No” and the detective then said “You will
soon find out”.
Mr. Waddy: Do you know Ivory?
Dobbs: I know him as a casual acquaintance.
Was Ivory at the club that evening? - He came in while I was there.
What time did he leave? - A few minutes before me.
Did you know where he was going? – No.
Mr. Waddy: It was quite a coincidence that you and he both went up
to Grimston Avenue, wasn’t it?
Addressing the jury, Mr. Waddy said in his submission the case
against Dobbs had been proved up to the hilt.
The jury were absent only a few minutes before they returned and
announced a verdict of Guilty.
Mr. Waddy said when Ivory was discovered in the house he said “All
right. I expected you would catch me sooner or later”.
Det. Sergt. Johnson said Ivory's father was the licensee of a hotel
the town. His mother was the proprietress of a boarding house. Ivory
was educated at a local school until he was 16. On leaving he was
apprenticed to a local firm of motor engineers, remaining there for
two years. Then for three years from 1926 to 1929 he assisted his
lather in the bar of his hotel. Ivory later went to Germany as a
teacher of English, remaining there for 18 months, but seeing no
prospects of bettering himself he returned to England and was
unemployed until January, 1932. He then went to Jamaica to find work
but as there was nothing doing there he returned to Folkestone in
June of that year. His mother had opened a boarding house and since
then he had assisted his mother in the running of that
establishment. Ivory was married on Mat 21st last year. “Ivory has
long been suspected of being concerned with breaking offences
committed in this borough and has been interrogated respecting some
on more than one occasion”, added the officer. “He has been closely
associated with two men who have recently been convicted and
sentenced to imnrisonment for burglary and other offences. It is
also known that he is associated with well-known members of the
criminal fraternity in London. He is a heavy drinker and spends most
of the time in clubs and public house bars. There are no previous
convictions recorded against him”.
With regard to Dobbs, continued the police officer, he was born in
Wales and his parents were dead. He joined the Royal Corps of
Signals, serving with that unit from 1920 to 1924. He rejoined the
Army in 1925 and served until 1932. He was again unemployed until
the opening of the Astoria Cinema, Folkestone, in 1934, where he had
been employed until 12 months ago as a night watchman. He was
discharged owing to a reduction in the staff. At the time of his
arrest he was a civilian waiter at the School of Education,
Shorncliffe. He had an exemplary character on leaving the Army and
he had never been in trouble with the police.
Mr. Parkes, questioning Det. Sergt. Johnson, asked “Is it right that
the suspicions which you entertained about Ivory’s previous conduct
are based largely on his association with undesirable persons?”
Det. Sergt. Johnson: Yes, tgether with statements he has made to us
at different times.
Mr. Parkes: At any rate, neither his statements nor his association
with other persons have ever led the police to be in a position to
place any evidence before a jury except in regard to this case?
Det. Sergt. Johnson: That is true.
Mr. Parkes: He has never been charged before? - That is a fact.
On the night of the burglary did police officers visit his mother’s
house and search the premises? - I did.
Mr. Parkes: He was under arrest from the time of being found in the
house until well after you had visited his home? -Yes.
Doubtlessly you made a thorough search but nothing was found there
about which complaint could be made? - No.
Addressing the Recorder on behalf of Ivory, Mr. Parkes said
defendant desired him in the first place to express his very sincere
regret for having committed that serious crime, the seriousness of
which he now fully appreciated, more so as his arrest had brought
considerable trouble on himself and his mother. As the Recorder, had
heard, Ivory was a married man who had been living with his mother,
a respectable lady carrying on a good class boarding house business
in Folkestone. Added to the natural anxiety of his mother to find
her son in that position, one could quite understand the harm a
charge of that kind must do to her business. But more than that,
defendant’s wife, whom he had married only last year, had left him
as a result of his arrest. He (Mr. Parkes) urged upon the Recorder
in asking him to deal as leniently as he could with defendant, that
if he did so there might be some hope of his wife returning to him.
The police had said that Ivory for some time had been suspected of
breakings in the borough. He asked the Recorder to ignore that
suggestion completely. It arose from his association with
undesirable persons, and that defendant had associated with
undesirable persons to some extent Ivory admitted, but he denied
that he had ever before taken part in any adventure of that kind.
Counsel referred to the statement Ivory made when caught and said
that defendant wished him to put forward the following explanation.
As they had heard, through associations with undesirable persons he
had been frequently interrogated by the police and that fact caused
some resentment in his mind against the police, rightly or wrongly,
and that expression he used arose from that resentment. Ivory had
told him that on the day he committed this burglary he was
approached by a certain man, whose name he (counsel) had written
down together with his occupation. That man had a motor car and he
called for Ivory on that evening and took him to Hythe. There he
plied Ivory with drinks and on the way back to Folkestone while
Ivory was under the influence of the drink he had had, the man
suggested to him that he should break into this house, giving him
information as regards it being unoccupied. Having made the
suggestion which rather appealed to defendant in his condition, they
went to the Circle Club and from there to the Queen’s Hotel bar,
where Ivory was plied with more drinks by this man. He had a witness
who would tell them that it was a fact that this man was there and
Ivory was being given drinks. Further, when Ivory left the hotel
just after 9 o’clock he was definitely showing the effect of all the
drinks he had had.
Counsel said he could not put that forward as any excuse for the
crime, but he asked the Recorder to take it into consideration. At
the suggestion of another man, an older man, Ivory gave way to the
temptation. He (counsel) was instructed that Ivory was driven away
by this man, presumably in the direction of the house which was
entered. Continuing, counsel said at the time of his arrest Ivory
was found in the possession of certain articles. He (Ivory)
instructed him that the screwdriver was given to him by this man and
the pocket torch he had borrowed some little time before. That Ivory
was not a professional housebreaker was rather supported by the way
in which the burglary was carried out. The first thing which must
strike one was the very amateurish way in which dependants discussed
the burglary outside the house. It was the conduct of persons who
were not experienced housebreakers or who were not sober. Counsel
said the man to whom he had referred was not Dobbs. The name of the
man he proposed to hand up on a piece of paper, together with such
particulars as were necessary to identify him.
Mr. Parkes then handed to the Recorder the paper, which was
afterwards shown to the police.
Aubrey McElroy, a salesman, gave evidence that on the evening of
December 19th he saw Ivory in the Queen's Hotel at about eight
minutes to 9. He was very drunk. He was with two other persons.
Counsel handed to witness the piece of paper bearing the name of the
man already referred to and asked him if that was one of the men he
saw with Ivory.
Witness said it was. The man in question was talking to Ivory, and
when witness went outside he saw them standing by a saloon car. That
was four or five minutes after 9.
Cross-examined by Mr. Waddy, witness said he had known Ivory for
about two years. He spoke to Ivory on this night at the Queen's
Hotel, but he did not recognise him at first.
Mr. Waddy: Were they serving a very drunk man with more drink?
Witness: I did not actually see him being served.
Mr. Waddy: Is it on your information that my friend says Ivory was
being plied with drinks? – I don't know. He was very drunk.
Mr. Waddy: Able to walk steadily? - No.
Do you think he could have climbed through a broken window as we
know be did? - I should not have thought so.
Do you think that by 9.30 he was likely to be sober as the police
officers say he was? - The shock of being found by the police
officers might have sobered him.
The Recorder: Do you agree with what the police have said, that he
is a very heavy drinker?
Witness: I should not think so.
The Recorder: Have you seen him as intoxicated before as he was on
this night? - Not quite.
The Recorder: Was it obvious to everyone that this man was drunk? -
I should have thought so.
Mrs. Lilian J. Ivory, mother of defendant, said that for a very
considerable time her son had been managing her boarding house
business for her. In spite of what had occurred she was prepared to
let him continue to reside with her; he was her right hand.
Replying to the Recorder, Mrs. Ivory said her son and his wife had
lived at a flat but she got him to come to reside with her because
the flat was damp. Her son's wife left him on Christmas Eve.
The Recorder: Did they appear to get on well together before?
Mrs. Ivory: Very well.
Mr. Baxter said Dobbs wished him to say that he had never been out
before with Ivory and he was quite unable to give any explanation as
to why he went with Ivory on this particular evening. Dobbs also
wanted to say he would not commit any offence of that kind again. He
had been in custody five weeks and it had been a lesson to him. He
(Mr. Baxter) was informed that Dobbs might be able to return to his
work, but it would be a matter for a higher authority to decide.
The Recorder, addressing Ivory said he had pleaded Guilty to a very
serious offence, one for which, as long as he was Recorder of the
borough, would meet with no encouragement from him. He had listened
to counsel’s very eloquent and able speech on his behalf, but he did
not find himself in a position to be able to take the lenient view
suggested.
His (Ivory’s) character was not good, but he was not sentencing him
on his character; he was sentencing him for the offence he had
committed. Whether he was an amateur or a professional, he had,
apart from the screwdriver and torch, a most useful weapon in the
knife found in his possession. He (the Recorder) did not think he
would be doing his duty if he passed on him a less sentence than six
months’ imprisonment.
Addressing Dobbs, the Recorder said he had been found guilty of
aiding and abetting Ivory. It might not seem such a serious offence.
It was not a very meritorious part “keeping cave” but it was a
necessary part if the burglary had been successful. Bearing in mind,
so far as Dobbs' was concerned, that he had a good character and it
might be possible for him to be taken back into employment again, he
was going to remand him in custody until the next sessions. He would
have enquiries made to whether he could be taken back into his
former job.
|
Folkestone Express 13 April 1940.
Lighting Order.
A further batch of summonses were heard by the Mayor (Alderman G.A.
Gurr) and Dr. F. Wolverson on Tuesday.
Miss Ivy Sherwood, a barmaid at the Bouverie Hotel, was summoned in
respect of a display light.
War Reserve Police Constable Stockham said at 2.15 a.m. he observed
an illuminated sign in the hotel. It was one word “Open”, and the
place was closed. He rang the bell and an upstairs window was
opened, and a young man, who said he was the son of the licensee,
replied.
In reply to the Clerk, the witness said the light would be
permissible while the hotel was open. It was used for business
purposes.
The defendant said the hotel was really open all night if anyone
called. It had keen left on until midnight previously, and no
exception taken to it.
A letter was read from Mr. Lord pointing out that I they took people
into the hotel at all times.
Fined 10/-.
|
Folkestone Herald 13 April 1940.
Local News.
For permitting lights to show during black-out, defendants were
fined at Folkestone Police Court on Tuesday, including:
Ivy Sherwood, Bouverie Hotel, 10s.
|
Folkestone Herald 7 July 1951.
Local News.
Seven Folkestone public houses were granted an extension of licence
on weekdays until 11 p.m. and on Sundays to 10.30 p.m. until
September 30th at Folkestone Magistrates’ Court yesterday.
Mr. W.J. Mason, appearing for the applicants, said a similar
application had been granted to a number of hotels for the summer
season and Festival of Britain. At Eastbourne 44 applications of the
same kind had been granted and 115 at Hastings. The extension had
been granted to all those who desired it in the other two towns.
The application was granted in respect of the Star Inn, Bouverie
Hotel, Shakespeare Hotel, Guildhall Hotel, Prince Albert Hotel,
Globe Inn, and George Inn.
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Folkestone Gazette 1 May 1968.
Obituary.
Folkestone's oldest licensee, Mr. Percy Lord, who had been at the
Bouverie Hotel, Bouverie Road East, since 1929, died on Monday. He
was 85.
Born at Sugworth Manor, Radley, near Oxford, he entered the licensed
trade in 1909, when he became landlord of the Prince Alfred, at
Sydenham. Subsequently he took the licence of the Queen's Head,
Green Street Green, near Orpington, where he remained until 1929.
Mr. Lord was an enthusiastic sportsman. In his early days he played
football and cricket. During his many years in Folkestone he will be
remembered as an excellent shot and a very fine snooker and
billiards player. He was a member of the Hythe Club and the old
Folkestone Club. He served in the Army during the First World War,
and was a member of the Civil Defence Corps in the last war.
Mr. Ward, a widower – his wife died in 1921 – leaves a son, Mr. Bob
Lord, and two daughters, Mrs. Drena Vickery and Mrs. Joyce Jackson.
The funeral at Folkestone Parish Church at 11.50 a.m. tomorrow will
be followed by cremation at Barham.
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Folkestone Herald 4 January 1969.
Local News.
Mr. Joseph Percival Lord, of The Bouvene Hotel, Bouverie Road East,
Folkestone, former licensed victualler, who died on April 29, left
£14,212 16s. gross, £13,874 8s. net, Duty £1,121. He left his
property variously to his issue. Probate has been granted to his son
Robert P. Lord and son-in-law Thomas Vickery, both of the Bouverie
Hotel, and Frederick J. Goulding, chartered accountant, of 22
Cheriton Gardens, Folkestone.
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Folkestone Gazette 25 April 1973.
Local News.
Hooligans smashed six windows in Folkestone and Hythe over the bank
holiday.
A temporary bus stop sign was thrown through a window of the
Bouverie Hotel in Bouverie Road East. Landlord Mr. R.P. Lord
estimated the cost of replacing the glass at about £100.
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Folkestone Herald 8 April 1978.
Local News.
Thieves with an eye for a quick profit escaped with £26 from a
Folkestone town centre pub at the weekend. They did it by conning a
fruit machine. It happened at the Bouverie Hotel where the
tricksters achieved an astonishing 500 per cent profit by feeding 10
pence pieces into the machine’s 50 pence change slot. For every 10
pence spent they got five in return.
A spokesman at the Hotel said this week “The police say that people
doing this pick one town at a time. However vigilant local landlords
are there are times when we get busy and these people can get away
with it”.
Chairman of the local Licensed Victuallers Association, Mr. John
Mees, said he had not received any complaints about the fruit
machine fiddlers. But, he said, he was thinking of raising the
matter at a meeting of the LVA.
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South Kent Gazette 3 October 1979.
Local News.
Bob Lord had an open heart operation earlier this year which saved
his life. And thanks to the staff at the National Heart Operation
Hospital in London he celebrated his family’s 50th year at the
Bouverie Hotel, Folkestone, last week. Family, friends and relatives
from Britain and Holland gathered to toast the special golden
jubilee. And nurses at the London hospital telephoned to
congratulate them.
On September 24, 1929, Bob’s father Percy took over as landlord of
the hotel. When he died in 1968 Bob carried on the business with his
wife Joan. Over the years the couple have seen many changes in the
town but the hotel has remained the same. It still has its five
original bars — lounge saloon, bottle and jug, public and smoke
room.
One of the oldest and most regular customers, Mr Ely Ivory, who was
landlord before the Lord family took over, was also at the hotel to
join in the festivities. Other regulars, including members of the
Regents football team, of which Mr Lord is president, gave the
couple gifts and thanked them for their hospitality over the years.
The Lord children, Peter, aged 29, and Penny, aged 26, came down
from London for the jubilee. Peter, a former Harvey Grammar School
head boy, is now a director of a computer business, Penny is a
stewardess on Concorde.
Bob has traced the history of the hotel back to 1853 when it was a
coach inn. He still remembers the last horse leaving the premises in
1949.
At one time there used to be stables for more than 30 horses here”,
he said.
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Folkestone Herald 17 September 1982.
Local News.
Landlord Bob Lord put the towels over the beer pumps at Folkestone's
Bouverie Hotel for the last time on Monday. Ill health has forced
Mr. Lord to leave the pub after 36 years and retire with his wife
Joan to a new home in Seabrook.
On Saturday friends and regulars gathered at the pub, which was run
by Mr. Lord's father before him, to bid the popular couple farewell.
The Bouverie Hotel is being taken over by a private hotel company
from Essex.
The licensing trade runs in Mr. Lord's family. He was born in a pub
at Green St. Green in 1921, where his father Percy was landlord. Mr.
Lord went to the Morehall and Harvey Grammar Schools, and for a
brief period went into farming. He met his wife in the early days of
World War II while working at Dover Casualty Hospital. The couple
took over the hotel in 1946, but Mr. Lord remembers the days when a
circus elephant used to pop in for a pint, and Sir Alec Rose, the
round-the-world yachtsman, was a regular visitor while in the market
garden business in Thanet.
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South Kent Gazette 15 June 1983.
Local News.
Cockney comedian Arthur Mullard helped to open the new-look Bouverie
Hotel in Folkestone. He was the star attraction to launch a new era
at the hotel, which includes selling real ale brewed in Kent.
The hotel, in Shellons Street, Middelburg Square, has been taken
over by partners Mr. David Bumpstead and Mr. Ian Hilton. It will be
managed by Mr. Tom Riley. They already have a nightclub in
Hornchurch, Essex, a hotel in Brentwood, Essex, and a hotel on the
pier at Gravesend which brews its own beer. And that’s where the
beer at the Bouverie Hotel comes from. Known as Hilton real ale, the
beer has some amazing names, including Clipper, Gravedigger,
Buccaneer and Lifebuoy.
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Folkestone Herald 20 June 1986.
Local News.
A secretary and several company managers landed in the swim last
week when they decided to celebrate their firm’s bi-centenary in
style.
But it was not so much a dip in the ocean they took, more a
twenty-nine and half mile dive. For a team of six proudly heralded
the name of their company, Lovell Construction and Property
Development of Gerrards Cross, Buckinghamshire, and waded into the
icy blue Channel off Dover in a brave attempt to swim to France.
Unfortunately, just four miles off Cap Griz-Nez in France, the
freezing water got the better of the relay team, who were taking it
in one hour swimming stints, and had to be pulled in. But their
disappointment was short-lived for they managed to warm the cockles
of the hearts of residents at the Bouverie Hotel, Middleburg Square,
Folkestone. A party was thrown to boost funds by hotel managers Bill
and Heather McFarlane and they went home with £78 to add to their
collection for the Spinal Injuries Unit at Stoke Mandeville
Hospital.
A spokesman for Y. J. Lovell said “We were very impressed with the
hospitality and generosity we received from the Bouverie Hotel.
Their donations helped towards our target of £15,000 for our charity
and we have every confidence that we’ll beat it”.
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From www.thisiskent.co.uk Friday, April 29, 2011
Family mourning for hotel boss Bob
By Eleanor Jones
TRIBUTES have been paid to the former landlord of the Bouverie Hotel,
who died last week at the age of 89.
Bob Lord was involved with the pub, with his father then on his own, for
53 years and, according to his son, "knew everybody".
The hotel, which stood where Bouverie Place is now, had five bars, more
than any other in Kent at the time, and offered traditional pursuits
such as shove ha'penny, as well as a billiards room.
Former Harvey Grammar pupil Mr Lord, who served with the RAF in Africa
during the Second World War, ran the hotel first with his father Percy,
then with his wife Joan.
His son Peter said: "He was always friendly and ready for a chat and he
knew everybody.
"Sooner or later, everyone went into the Bouverie Hotel and whenever you
went down the street with him, he'd point people out – he'd make some
comment about all of them."
Mr Lord moved to Twiss Grove, Hythe, when he retired in 1982. He
underwent heart bypass surgery in 1978, and again in 1993, but died of
pneumonia. His son said: "I think he must have been one of the
longest-surviving patients ever – his heart was fine.
"I think he just missed my mother too much. They were married for 59
years but she died a couple of years ago and he faded away after that.
He was always very keen on sport though, right to the end. His best
friend was Wilf Armory, who managed Folkestone Invicta after the war,
but he also followed Kent County Cricket Club all his life.
"He supported charities, especially for blind children, and he was
always very good at what he knew. He was a generous and sociable person
and I think a lot of people out there would remember him."
Mr Lord is also survived by his daughter, Penny Weir, and three
grandchildren.
His funeral was due to take place yesterday (Wednesday).
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LICENSEE LIST
ALLEN William Dec 1879-July/80
HAMMOND William 1880-81
BRION Henry Temple Brion 1881-83
REDGRAVE Elijah 1883-85
AITKEN Lucy 1885-86
NEWLAND Mrs1886
PRESSLAND Daniel 1886-88
MULLER Salis 1888-89
MOLEKENBUHR Wilhelm Henry 1889-92 (age 35 in 1891)
POLLARD Albert 1892-93
DABBS Edward 1893-95
GUY George 1895-97
FARFIELD & RIDDALL 1899+
FARNFIELD Harriet 1897-1900
RIDDALL Arthur M 1900-05 (age 29 in 1901)
ALLCOCK Ernest 1905-13 (age 47 in 1911)
ADAMS Andrew 1913-16
STOTESBURY Charles 1916-23
IVORY Michael 1923-29
LORD Joseph Percival 1929-68
LORD Robert 1968-82
BUMPSTEAD David & KEBBLE Noel 1982-86
Renamed "Victoria Hotel."
From the Post Office Directory 1882
From the Post Office Directory 1891
From the Kelly's Directory 1899
From the Post Office Directory 1938
From More Bastions of the Bar by Easdown and Rooney
Census
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