From the Dover Express and East Kent Intelligencer, 12
April, 1862.
CHARGE WITH DEALING WITH SOLDIERS' NECESSARIES -
HEAVY PENALTY.
Thomas Cattermole, a middle aged man who had the appearance of having
been in the army, and who was also described as the landlord of the "Raw
Material" public-house, Buckland, was brought up in custody of
police-constable Terry, charged with receiving seven pairs of soldiers'
boots, and three medals, the property of soldiers belonging to the 64th
regiment, quartered in Dover.
Major Goode, of the 64th, attended on behalf of the regimental
authorities, and the prisoner was defended by Mr. Fox, solicitor.
John York, a colour-sergeant in the 64th regiment, examined:
Yesterday morning James Nolan, a private of the 64th, was brought before
his commanding officer, charged with making away with a pair of military
boots and two medals. Nolan afterward made a communication to me and
took me to a public-house at Buckland, the "Raw Material," kept by the
defendant. I told the defendant I had come for Nolan's boots. He asked
me what I meant? He then invited us into a back room, and Nolan told him
that he had left his boots and two medals there the previous week, and
that he had got 6s. on the medals and 4s. on the boots. The defendant
observed that he had never seen Nolan in his life before to his
knowledge. I afterwards called for a quart of porter, and sat in the
house some time, talking to the landlord. By and by the landlord said to
me, "If you send Nolan into the yard, I will reason with him a bit." I
told him Nolan would be tried by court-martial if the things were not
forthcoming, and he then went out of the room, and shortly afterwards
returned with one medal and a clasp, which I now produce. In about ten
minutes afterwards he brought me another medal and clasp. "And now," I
said, "I want the boots." He asked me what the number was, and I told
him '2509,' 6th regt." Defendant took up a piece of a lucifer match-box
that was lying near, and having written on it the number I had given
him, left the room. In about five minutes he came back again, with the
boots in his hand. I finished what I had been drinking, and then said,
"Now I want the other boots." The defendant then went into an outhouse
in the yard, I followed him and produced from a box in the corner of the
outhouse two more pairs of new regimental boots, both belonging to the
64th regiment. He said, "Here are two more pairs. I want no bother about
them. Take them away." I then left the house and reported the
circumstances to Major Goode. I afterwards, while sitting at the "Turnham
Green Tavern," High Street, Charlton, with police-constable Terry
and another constable, saw the prisoner pass with a bundle under his
arm. He was going in the direction of the town. I immediately ran out of
the house after him, and as soon as he saw me following him he turned
down a street to his left (Wood Street) I soon overtook him, and having
taken the bundle from under his arm, I found it contained four pairs of
government boots belonging to the 64th. On returning into High Street, I
met Terry. I told him I had got what I wanted, and gave the defendant
into custody.
By Mr. Fox: I do not remember that the defendant said anything about
the bundle till he got to the police station. While there I looked at
the paper in which the boots were wrapped, and observed that an address
had been written on it, but it had been smeared out again, as if some
one's coat sleeve had been intentionally used for that purpose. The name
which had been written was that of "Sergt. Wilson."
Mr. Fox here read the address, "Sergeant Wilson, 64th regiment,
Dover.
Cross-examination continued: Defendant said, while at the police
station, that he was going to take the boots to Sergeant Wilson. There
are two sergeants of that name at the 64th - one here, and one at Hythe.
Police-constable Terry then spoke to being in the company of the last
witness, when the defendant passed "Turnham
Green Tavern," and to receiving him in custody from the sergeant a
few minutes afterwards. After the charge had been preferred
against the defendant at the police station, he (Terry) searched him,
and found on him the third silver medal and clasp produced.
The constable also stated that on going to the defendant's house,
after the defendant was lodged in custody, he found a Turkish medal and
another pair of boots, but neither formed part of the property the
defendant was at present charged with receiving. The medal was found in
defendant's till, with the money taken in his business, and although the
boots happened to be a new pair, they were not identified as government
property.
The Sergeant, in reply to the Magistrates, said the store price of
the boots, was 8s. or 8s. 6d. per pair, but this was only the sum for
which they were served out to the men; they cost the government more.
Mr. Fox: And are worth less, I am informed. (A laugh.)
The Sergeant said that all the boots wee new, and had been served out
only on the 1st April. The medals were both worth 5s. each.
The Bench then took the value of the seven pairs of boots to be £2
16s. and the three medals 15s., in all £3 11s.
This being the evidence.
Mr. Fox addressed the Bench. He said he thought the defendant ought
not to aggravate his position by setting up any defence in the face of
facts which had been proved before the Magistrates, and he felt
satisfied that it would be a sheer waste of time to address them with a
view of showing that the facts were not as they had been stated. But his
advise, therefore, the defendant would plead guilty to the charge. He
would, however, draw their worships' attention to the fact, that the act
of parliament under which the charge was brought, directed the
infliction of a fine amounting to three times the value of the articles
received, and in addition such a penalty not exceeding £20 as the
Magistrates might in their judgement think necessary. He desired to
submit most earnestly on the part of the defendant that, as the penalty
prescribed by the act would in this case amount to £10 3s., the Bench
should regard a nominal penalty in addition as sufficient to meet the
justice of the case. He was sure that the conviction, even under such
circumstances, would operate as a caution to the defendant and others.
The Magistrates enquired if anything was known of the defendant?
Police-sergeant Bayley said he knew nothing against him.
Mr. Jennings said he considered the charge of a very serious nature.
It was not as if a single pair of boots only had been received; the
transaction was a wholesale one.
Mr. Worsfield observed that the defendant seemed to have been in the
army himself, and if this was the case he must have known the risk he
was running in receiving these things into his house, even if he had not
purchased them, but had only taken them as security, with the intention
of returning them.
The defendant: I did not take them at all, Sir. They were left on my
premises unknown to me, and if I could have been set at liberty last
night I could have proved that to the Bench.
Mr. Worsfold: That does not agree with the evidence. Besides, your
solicitor could have got any evidence that would have served you.
The defendant: No, Sir, he could not, because the men I wanted were
only known to me by sight; they are workmen employed on the Heights.
The Magistrates said they considered that the offence had been
clearly made out, and they fined the defendant the triple value of the
articles received, £10 13s., the costs, 7s. and a penalty of £4; in all
£15. In default of payment, a distress warrant would be issued, and if
the distress was not satisfied, defendant would be sent to prison for
three months.
The defendant was allowed to leave the Court in company with a
policeman, to endeavour to obtain the money, and we understand that the
amount was paid in the course of the day.
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