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From the Dover Express and East Kent Intelligencer, 7
October, 1870. Price 1d.
A MIDNIGHT VISITOR
James Hartley, a man of good address, belonging to the 17th Brigade
Royal Artillery, was charged with unlawfully entering the premises of
Mr. McSwaine, the proprietor of the "New Inn," Woolcomber Lane, breaking
some glass, and doing other damage, amounting to 5s.
It appeared that a young woman with whom the defendant had been
acquainted was lodging in the house, and that he had attempted to get
into the house for the purpose of seeing her.
The prosecutor said: I am a pensioner and the proprietor of the "New
Inn," Woolcomber Lane. I have seen the prisoner in my house on two or
three occasions; and this morning he came and knocked at the door
between 1 and 2 o'clock. Admittance was refused him; but ha came again
between the hours of 2 and 3. He then got over the wall at the back of
the house, and onto a veranda, communicating with a bed room. A lodger
and his family were sleeping in the bedroom. They raised an alarm, and I
heard the smashing of glass. I went to look for a constable, and on
returning I found the prisoner standing in front of the bar in the
custody of police-constable Nixon. The damage done by the prisoner
amounts to 5s.
Catherine McSwain, wife of the last witness, said she answered the
first knock at the door, between 1 and 2 o'clock. On opening the window
she saw the prisoner, who asked if he might come in. She told him she
would not let him in after hours for £5. Some time afterwards she was
aroused by the shouting of a lodger, who called for a light. She took
him one, and when entering the room saw half the body of the prisoner
inside the window. She told him that if he did not go away she would
report him to the commanding officer in the morning, and he then
disappeared. She afterwards went down stairs to fasten up the doors; and
found prisoner in the yard. He again persisted in coming into the house,
and she then looked out and seeing police-constable Nixon she gave him
into custody.
By the Bench: One of the rooms in my house is occupied by a young
woman to who the prisoner at one time was about to get married. The
young woman in the Court, with the baby, is the same. The prisoner has
been in my house occasionally in the evening times, and has stayed as
late as 11 o'clock, but has never been permitted to remain in the house
all night, nor has he been let out in the middle of the night.
It was not thought necessary to examine the young woman with the
baby; but Mrs. McSwaine volunteered a good deal of information
respecting the prisoner's relations both to the young woman and to the
baby. She said that the prisoner aught to have married her; and now that
the young woman was going to get married to someone else - this event
being fixed for Saturday, as she testified, by documentary evidence
relative to the banns - the prisoner could do nothing better than annoy
her.
The prisoner, in his defence, said he was the worse for liquor and
did not know what occurred. He could only say that he had no intention
of doing any harm.
McSwaine said he believed this, and was only anxious to have the
damage which the prisoner had done made good.
The Magistrates said that, under the circumstances, they would order
him to pay only the amount of the damage and the costs. He must
understand, however, that he could not be permitted to break into
another person's home simply because he had friends lodging there.
The captain of the prisoner's company, who was present and who gave
the man a good character, paid the money on his behalf.
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