The jury immediately returned a verdict of “Accidental Death”.
Southeastern Gazette 26-3-1861
Inquest.
On Wednesday an inquest was held at the North Foreland
Inn, Folkestone, before Silvester Eastes, Esq., coroner, on the body of William
Fowler, aged 50.
William Henry Marshall, labourer, deposed that on
Tuesday, at about half-past 12, he saw the deceased on the tramroad, carrying a
basket containing vegetables, which appeared to be heavy. He made an attempt to
get on board a ship, when he fell into the harbour. His brother slid down a
rope and picked him up. There was about 6ft. of water in the harbour, and the
distance the deceased fell was about 20 feet.
John Marshall, brother of the last witness, deposed
that he was standing on the tramway when his brother informed him that a man
was overboard. He went down by a rope and with one hand lifted the deceased’s
head up till a boat came, when the deceased was brought ashore. He did not
speak a word.
Thomas Mullett, labourer, deposed that he saw the
deceased with a basket; he was very tipsy. Witness tried to persuade him not to
go on board the vessel. A few minutes afterwards he heard that the deceased had
fallen overboard, and assisted in bringing him ashore.
The Coroner said that he was called to see the deceased
who was then breathing. He was then in his wet clothes. He (the coroner)
ordered him to be well washed and rubbed, and thought it possible he might
recover if he had received no internal injuries, but on examining his ribs he
found that two were broken and had penetrated his lungs, admitting the air. He
ceased to breathe shortly afterwards.
Verdict, “Accidental
death.”
Kentish Gazette
28-5-1861
Folkestone
County Court, Wednesday, before C. Harwood Esq.
John
Wallis Sen. v John Craxford: This was a claim for £9 16s. for goods supplied.
John
Wallis Jun. v John Craxford: This was a claim for 10s. 6d. for money lent.
Mr.
Minter appeared for both plaintiffs.
John
Wallis, examined by Mr. Minter: I am a licensed victualler. Defendant has been
in the habit of using my house, and has gradually incurred the sum applied for.
Defendant was in a position to pay the demand. The following are a few of the
items: July 24, 25s. for five bottles of sherry for himself and eight friends;
carriage to Terlingham races, 3s.; 1s. for visit to circus; 1s. 6d. for bottle
of Cologne water; bed and refreshment 6s.; to December last £2 5s. on the
slate, £1 of which was for beer; £3 15s. on the slate, of which about 30s. was
for beer.
His
Honour then said about £6 was for spirits, which plaintiff could not recover.
He thereupon awarded £5 in settlement of both claims, with costs.
Folkestone Observer 31-8-1861
County Court
Wednesday 28th August:- Before C. Harwood Esq.
Calvert & Co. v John Wallis – This was an action for ejectment. Mr. Knocker for plaintiff; Mr. Minter for defendant.
Mr. Knocker said the defendant was the tenant of the North Foreland Inn, and the plaintiffs the lessors. In 1859 the defendant entered into an agreement to quit and surrender the premises on receiving three calendar months` notice to quit. He produced the agreement.
Mr. Minter objected to the agreement, it being unstamped.
Mr. Knocker said he was prepared to pay the penalty, and he did so to the Registrar of the Court; but the defendant, who had been subpoenaed, was not then in court, and it was necessary to prove his signature to the document. He had been in Court that morning.
His Honour said he did not know but he should fine the defendant for contempt of Court, as he had been in the precincts of the Court that morning.
Mr. Minter said no conduct money had been given to the defendant when served with the subpoena. His Honour had decided in the case of Mills v Pledge, when Charles Turland did not appear, that money should have been given with the subpoena.
Mr. Knocker asked for the expenses of a gentleman who had been brought from London to prove the execution of the deed of assignment of all interest in the premises by Calvert & Co. to the Brewery Company.
Mr. Minter took an objection to His Honour`s jurisdiction, that as the premises were let to Messrs. Calvert & Co. for £75, although Mr. Wallis did not pay but £24, he had no jurisdiction, it being above £50 in rent or value, the brewers binding the defendant to take beer of them: he also submitted that as a premium of £10 had been paid, that too would oust the case,
His Honour, having looked into the Act Of Parliament, thought differently. The premium was not a fine on the lease. He was willing to adjourn the case for a few days, the defendant to be subpoenaed. He considered the case proved, and it only required verification of the defendant`s signature to the agreement.
Mr. Minter said he should be able to show a defence to the action at the adjournment, but he did not think it was the proper time for him to explain what course he should take.
The case was then adjourned to the 10th of September.
Southeastern Gazette 3-9-1861
County Court
This Court was held on Wednesday last, before C.
Harwood, Esq., Judge.
Calvert and Co. v John Wallace: Mr. Knocker for
plaintiffs and Mr. John Minter for defendant.
This was an action for ejectment. The plaintiffs were
the lessees of the North Foreland Inn, Folkestone, which the defendant hired at
£24 per year, although the plaintiff paid £75. In 1859 the defendant signed an
agreement to leave the house at three months’ notice, which notice had been
given, but the defendant still retained possession.
Mr. Knocker produced the agreement, which he said was unstamped, but he
was prepared to pay the penalty if Mr.
Minter objected to it, which he did, and the fine was paid to Registrar of the
Court. The defendant had been subpoenaed, but was not in court when the ease
was called. Mr. Minter ejected to the jurisdiction of the Judge, as the rent
was more than £50.
His Honour, however, overruled the opinion.
The defendant not being present to verify his
signature, some delay took place. His Honour said he felt he ought to fine the
defendant, he having been in the precincts of the court that morning.
Mr. Minter said that his Honour had already decided, in
the case of Mills v Pledge, that unless conduct money was given with a subpoena
the parties could not be compelled to attend. He hoped his Honour would adjourn
the hearing till next court when he would be prepared to prove that the case
could not be tried there.
His Honour said he considered the case proved, and all
that was required was the presence of the defendant, who must be subpoenaed. He
would adjourn the case till the 10th September.
Folkestone Chronicle 14-9-1861
County Court
Tuesday 10th September:- Before C. Harwood Esq., Judge.
Calvert and City Of London Brewery v J. Wallis, defendant, to show cause why he refused to deliver up possession of a certain public house called the North Foreland Inn.
Mr. Knocker appeared for plaintiffs, whilst Mr. John Minter appeared for defendant.
The court being formally opened, His honour called upon Mr. Knocker to open the case.
Mr. Knocker said he should call defendant as witness. Defendant who was in court was then sworn, and being shown a printed form of agreement filled in, in writing, was asked if he had signed it: defendant after looking at it for some time admitted it was his writing, upon which Mr. Knocker said he should put it in, and he thought His Honour would at once give his clients a verdict.
Mr. Minter asked to look at the deed, and remarked it was a personal one of a peculiar kind, by which defendant bound himself to take a house and beer of the other party to it.
His Honour then addressing defendant asked him if he was not in court on the previous court day, to which witness replied he was. His Honour then enquired why he left before the court closed; defendant said he acted on the advice of his solicitor. His Honour said it was highly improper.
Mr. Minter in explanation said his client had received no money with the subpoena, and therefore he thought he had no right to or reason to remain: he (Mr. Minter) had not the least desire of showing any disrespect to His Honour or the court by the course he had advised his client to pursue. Mr. Minter then commenced to address His Honour on the agreement produced, as also upon the provisions of a deed produced by Mr. Knocker, which assigned all the effects of the original party to the agreement to other parties therein named; the deed set forth that the rent of the premises leased to them was £79 a year, although the rent paid by defendant was only £24, and therefore it was out of His Honour`s jurisdiction. Mr. Minter said he should call a witness to prove that the house was not worth more than £50.
He called Mr. James Pledge who proved that he was in negotiation now with a person who would give £65 a year rent for the premises.
A long argument then took place upon the construction of clauses in the 9th and 10th of Victoria, section 122, and the 19th and 20th of Victoria, section 50 and 60.
His Honour ultimately decided that he should look carefully into the point raised by Mr. Minter, and would give his decision when the court met again in about a fortnight`s time.
Folkestone Observer 14-9-1861
County Court
Tuesday September 10th:- Before C. Harwood Esq.
Action For Ejectment – How Brewers Supply Their Beer
Calver & Co. V John Wallis – This was an adjourned case from last court. Mr. Knocker appeared for plaintiffs; Mr. Minter for defendant.
Defendant held the lease of the North Foreland public house from plaintiffs, paying £24 a year rent, and bound by agreement, under a penalty of £300, to purchase beer only off his landlord. Calvert & Co. had been in trade difficulties, and wound up under assignment, the London Brewery Company succeeding to their trade, and taking up their rights. Mr. Minter objected to the defendant being sued by parties other than those with whom he agreed for tenancy, asserting that the agreement was personal, there being no authority given to heirs or assignees; also argued further that the deed under which the plaintiffs were proceeding was invalidated by the term of tenancy being varied, as shown by receipts given, and distress for rent issued at the regular quarters instead of the 8th November and corresponding months of the original holding of the deed; but the point on which the case now turned was the ousting of the jurisdiction of the court by the “rent and value” being over £50. Mr. Minter showed by the deed of transfer from Calvert & Co. to the London Brewery Company that the firm had been in the habit of sub-letting houses at much lower rentals than the rent in chief, paid by themselves, making up the difference by the profit on beer, which they bound their tenants to purchase only from themselves. For the North Foreland they were shown to be paying £75 per annum and receiving £24 only. This, his honour conceded, was presumptive evidence of value. Then Mr. Minter called Mr. James Pledge, auctioneer and valuer, who deposed that he went over the North Foreland public house about a fortnight since. In his opinion the yearly value at the present time was £60. He had a tenant who was now ready to take it at that price. His Honour said that the 9th and 10th Victoria, to which Act only his attention had been drawn at the first sitting, used the words “rent or value” and under those words he did not deem that his jurisdiction was ousted, the rent being £24 yearly; but the 19th and 20th Victoria repealed the words of the other act, and substituted “rent and value”. Under these latter words it was open to receive evidence of value. He should therefore adjourn the case to the regular court day, both sides to bring evidence as to value.
Southeastern Gazette 17-9-1861
County Court
This court was held on Tuesday, before Charles Harwood,
Esq., Judge.
This was an adjourned court for the purpose of the
production of the defendant as witness in the ejectment case of Calvert and.
Co. v. John Wallis. Mr. Knocker appeared for the plaintiffs and Mr. Minter for
the defendant.
The defendant was examined as to his signature to the
agreement to quit at three months’ notice. The deed of assignment of Messrs.
Calvert’s interest to the brewery company was, at Mr. Minter’s request, put in
and examined, and he endeavoured to show that they had no interest in the
property, but that it had devolved on some one else.
The Judge said the defendant had paid rent to the
present plaintiffs up to July.
Mr. Minter submitted that his Honour could not give a
judgment of ejectment against the defendant upon the deed produced. He also
maintained that the rent or value being above £50, it ousted his jurisdiction.
He particularly alluded to the 19 and 20 Vic., which repealed the 9th and 10th.
He called Mr. James Pledge, who deposed: I am an
auctioneer and valuer in this town. I know the North Foreland Inn. About a fortnight
since I went over the property, and in my opinion it is of the yearly value of
£60, as between landlord and tenant. I have a person ready to take it and give
£60.
Mr. Knocker: Will the party you know take it under the
condition that he be supplied by Messrs. Calvert and Co. with porter, &c?
Mr. Pledge: I
cannot promise that.
His Honour said the question as to the value was
important, and he would adjourn the case again to the next court, when it could
be fully argued on both sides and evidence given of its value.
Adjourned accordingly.
Kentish Gazette 17-9-1861
Folkestone County Court: An
adjourned sitting of this court was held on Tuesday, but with the exception of
one case the business was of no public importance.
Important to publicans: Calvert
and the City of London Brewery v J. Wallis. This was an action against the
defendant to recover possession of a certain public house called the North
Foreland Inn. Mr. Knocker appeared for plaintiffs, whilst Mr. John Minter
appeared for defendant,
Mr Knocker said he should call defendant as witness. The defendant, who
was in court, was then sworn, and being shown a printed form of agreement
filled in, in writing, was asked if he had signed it. The defendant after looking
at it for some time admitted it was his writing, upon which Mr. Knocker said he
should put it in, and he thought His Honour would at once give his clients a
verdict.
Mr. Minter asked to look at the deed, and remarked it was a personal one
of a peculiar kind, by which defendant bound himself to take a house and beer
of the other party to it.
His Honour, addressing defendant, asked if he was not in that court on
the previous court day, to which witness replied he was. His Honour then
enquired why be left before the court closed, and defendant said he acted under
the advice of his solicitor. This proceeding His Honour said was highly
improper.
Mr. Minter, in explanation, said his client had received no money with
the subpoena, and therefore, he thought he had no right to or reason to remain.
He (Mr. Minter) had not the least desire to show any disrespect to His Honour
or the court by the course he had advised his client to pursue. Mr. Minter
then addressed his Honour on the agreement produced, as also upon the
provisions of a deed produced by Mr. Knocker, which assigned all the effects
of the original party to the agreement to other parties therein named. The deed
set forth that the rent of the premises leased to them was £79 a year, although
the rent paid by defendant was only £24, and therefore it was out of His
Honour’s jurisdiction. Mr. Minter said he should call a witness to prove that
the house was worth more than £50.
Mr. James Pledge deposed that he was in negotiation with a person who
would give £65 a year rent for the premises.
A long argument then took place upon the construction of clauses in the 9th
and 10th of Vic. sec. 122, and the 19th and 20th
of Vic. sec. 50 and 60.
His Honour ultimately decided he should look carefully into the point
raised by Mr. Minter, and would give his decision when the court met again.
Folkestone Chronicle 28-9-1861
County Court
Wednesday 25th September: Before Charles Harwood Esq., Judge
Calvert and others v John Wallis
Mr. Knocker, as before, for the plaintiffs and Mr. John Minter for defendant.
The case was now brought on to prove the value of the premises as one of the points raised by defendant`s solicitor was the non-jurisdiction of the court to try the case, the rent being over £50 per annum.
His Honour said he was now prepared to hear evidence upon this point.
Mr. Minter thereupon called John Wallis Jr., who proved he conducted his father`s business at the North Foreland; that the premises were well worth £65 per year, and that he should have no hesitation in giving that rent for them; they were well situated near the harbour, and an excellent trade could be done therein.
On the other hand, Mr. Knocker called Mr. Robinson, an auctioneer, residing at Dover, who deposed he had known the premises for sixty years; he was of opinion that the premises were not worth more than £35 per annum.
Cross-examined by Mr. Minter – Had not been in the premises for some few years; formed his opinion from his knowledge of them and their general appearance.
Mr. John Banks, examined by Mr. Knocker, considered the premises worth not much more than £35 or £36 per annum. The Queen`s Head, a beer-house near, lets for £33.
Mr. James Harrison, collector of poor`s rate, proved the gross rating of the North Foreland to be £35, net rating £28 10s; the rating of the Chequers was £28 gross, £22 net; the Chequers Inn, having stables attached, was more valuable than the Foreland; the gross rating of the Queen`s Head was £37.
Mr Ebenezer Pope, examined by Mr. Knocker, was collector of assessed taxes; the North Foreland was assessed for the house tax at £35.
Mr. Knocker said that was the case.
Mr. Minter for defendant argued that the evidence of value brought against him was purely speculative. Mr. Robinson as a witness at Dover might be very valuable, but here he comes today with his recollections of 60 years ago, this was purely speculative.The way to test the value of a house was to see what would be given for it, and there was the evidence of Mr. Pledge, which showed he had a party willing to give £65 a year for it; the present defendant also would give £60 a year for it; again a deed is put in which shows that the rent of the premises now on lease is £75 a year, and none of the plaintiffs are brought forward to say they repent of having made such a bargain. The lease passes through two or three hands, and none of them complain. Mr. Pledge`s sworn evidence that he has a party willing to give £65 a year for the premises is conclusive evidence against that of Mr. Robinson and Mr. Banks.
His Honour said Mr. Pledge did not give the name of the party.
Mr. Minter said it was offered privately to His Honour and plaintiff`s solicitor, and in addition they had the evidence of defendant, and his son, that they were willing to give £60 a year for the premises. The date of the deed put in is February 1860, and in that The City Of London Brewery Company agree to give £75 a year for the leasehold.
His Honour, in summing up, said £75 a year value was out of the question altogether. If he was sitting as revising Barrister, say, and the present evidence was brought to support a claim of £50 holding for a vote, he should feel bound not to allow it. Mr. Robinson and Mr. Banks both put the rent at £35 a year; he therefore felt bound to give a verdict against the defendant, who must leave the premises in five or six days at the utmost. Verdict for the plaintiffs recorded.
Note: Did he actually leave then? More Bastions gives him there until 1863
Folkestone Observer 28-9-1861
County Court
Wednesday September 25th: - Before C. Harwood Esq.
The London Brewery Company v Wallis – Mr. E. Newman Knocker for plaintiffs; Mr. Minter for defendant. This action, for ejectment, came on today for the thirds hearing, the point reserved for further evidence, being the rent and value of the North Foreland public house, of which the defendant holds the tenancy from plaintiffs, who themselves hold upon a lease originally granted to Messrs. Calvert.
Mr. E.N. Knocker, having addressed the court on the point of rent or value, called – Robinson, auctioneer and valuer, residing in Dover, who had been about 26 years in the business. He remembered the North Foreland 60 years ago. In his business he valued public houses, in and out, very extensively. Comparing the North Foreland with other property he had valued in the town, as well as sold, he should take £35 a year as the outside rent for it.
John Banks, auctioneer and valuer, residing in Folkestone, had known the North Foreland these 20 years. He had been in the habit of valuing public houses, in and out, for the last 10 years. He took it that £35 was the outside value.
By His Honour – He should think there were fifty other public houses in the neighbourhood.
John Harrison, poor rate collector, produced the last rate book, in which the North Foreland is entered at a gross rental of £35, rateable value £28 5s. The Chequers was assessed at £28, rateable value being £22; the Queen`s Head was rated at a gross estimated rental of £27, the rateable value being £20.
Ebenezer Pope, collector of assessed taxes, showed that the house tax was laid on the North Foreland at an annual value of £35.
Mr. Minter, for the defendant, contended that all the evidence adduced was speculative. The fair way to value a house was by the business that could be done in that house. The rent and value of a house in a back street where no business could be done would be very much less than the rent of a similar house situated in a thoroughfare where business could be done. Mr. Robinson knew nothing about the business done in the house; Mr. John Banks`s evidence was likewise speculative; he knew nothing of the indide of the house. On the part of the defendant a deed had been put in. He showed that he paid a rent of £35 for the house, and he held it on a lease that did not expire for another five years. That was the fair way of estimating rental. The plaintiffs put in their deed, which showed they were paying £75 a year for the house; and they made no complaint of that rental. Then they had had the evidence of Mr. James Pledge, which evidence was not speculative. He swore that he had a person ready to pay £60 a year for it.
His Honour – For aught I know he might have meant the defendant.
Mr. Minter intimated that it was not the defendant; but they had the defendant himself who was prepared to give £60 a year for the house, and he knew what business he had been doing in it.
His Honour said the rent of £75 a year was out of the question. It would be very fair to use the deed; it came to a very close point, £5 or so. He ought to decide the case upon the evidence, as if he were a revising barrister and they were claiming a vote upon £50 a year. It appeared to him that the rent was £28, and that they were rated at £35 in the gross. He considered that they must not say that because a tenant who did not want to go out would say that he would give £60 or £75 a year therefore that was the true rent. He (His Honour) must have what was called the true value of the house. He thought that the rent was below £50, therefore his jurisdiction was not ousted. His honour then gave judgement for the plaintiffs.
Possession to be given in seven days, or warrant for ejectment to issue.
Southeastern Gazette 1-10-1861
County Court
This court was held on Wednesday last before C.
Harwood, Esq., Judge.
The adjourned case of Calvert & Co. v. John Wallis,
was first. Mr. Knocker for plaintiff and Mr. Minter for defendant.
His Honour said the case having been adjourned for
evidence of the value of the property, he called upon Mr. Minter to produce it.
Mr. Minter then called John Wallis, jun., who said: I
manage the business at the North Foreland for my father. From a knowledge of
the trade done, I would give £60 a year rent for it.
Mr. Knocker said he had witnesses to prove the
contrary, and called Thomas Robinson, who said he was an auctioneer and valuerr
at Dover, and had had great experience in valuing public house property. Knew
the North Foreland Inn for 60 years, considered the outside rental value of the
property to be £35 per vear
Cross-examined: I compared it with the Chequers Inn
which has stabling and yard.
Mr. J Banks, auctioner aud valuer, considered £35 rent
the outside value; had known the house for 20 years.
Mr. Harrison, tax collector, stated that the gross
estimated rental was £32, rateable value £28 5s. Ebenezer Pope proved that the
premises were assessed at £35 to the house tax.
Mr Minter, for the defence, said that the evidence
given by Mr. Robinson and Mr. Banks was only speculative, and was not the real
value of the premises. Neither of them knew the amount of business done. The
witness Wallace knew
that it was worth £60 a year, and he had sworn to it. Then at the last court
there was the evidence of Mr. James Pledge, who, although not of so long a
standing as Mr. Robinson, had ample practice, and had perhaps often met Mr.
Robinson at valuations.
Mr. Robinson: I never met him at one.
Mr. Knocker: Mr. James Pledge is not an auctioneer, nor
has he a licence.
Mr. Minter: He is in partnership with his brother; at
any rate he positively swore at the last court that the value of the Rent was
£60, and he had a person ready to take it at that rent, and had seen Messrs.
Calvert about it. He maintained that their evidence was positive as to the
value. Messrs. Calvert paid a rental of £75 for it, and he had some doubts as
to whether they had a right to it. Mr. Minter ably argued the points of his
Honour’s jurisdiction.
His Honour said that looking at all the facts and the
evidence brought forward, which was so far off £50, the point of jurisdiction
complained off, he could not but give a verdict for the plaintiffs, with
possession in 7 days. If not given, Mr. Knocker to apply for a warrant to the
bailiff to eject.
Mr. Minter said there were fixtures that could not he
removed and they were to be taken at a valuation, but Messrs. Calvert declined
to take them.
His Honour said a long time had been given to arrange
that matter. Mr. Knocker would at his own risk obtain a warrant, electing which
he thought best, Messrs Calvert or the Brewery Company.
Kentish Gazette 1-10-1861
Folkestone County Court. On Wednesday the monthly County Court for this
district was held before C. Harwood, Esq. There were 33 cases set down for
hearing, thirteen of which were settled out of Court, and one judgment summons.
The cases were generally for simple contract debts, and for the most part
devoid of public interest.
Calvert and others v John Wallis:This case was adjourned from the last
Court. Mr. Knocker, as before, for the plaintiffs and Mr. Minter for defendant.
The adjournment was to prove the value of the premises, as one of the points
raised by defendant’s solicitor was the non-jurisdiction of the court to try
the case, the rent being over £50 per annum.
His Honour said he was now prepared to hear evidence upon this point.
Mr. Minter thereupon called John Wallis, jun., who proved that he
conducted his father’s business at the North Foreland; that the premises were
well worth £65 per year, and that he should have no hesitation in giving that
for rent for them; they were well situated near the harbour, and an excellent
trade could be done therein.
On the other hand Mr. Knocker called Mr. Robinson, auctioneer, of Dover,
who deposed he had known the premises for sixty years. He was of opinion that
the premises were not worth more than £35 per annum.
Cross-examined by Mr. Minter: Had not been in the premises for some few
years; formed his opinion from his knowledge of them, and from their general
appearance.
Mr. John Banks, examined by Mr. Knocker, considered the premises not
worth more than £35 or £36 per annum. The “Queen’s Head,” a beer-house near
lets for £33.
Mr. James Harrison, the collector of poor’s rate, proved the gross rating
of the “North Foreland” to be £35, net rating £28 10s.: the rating of the “
Chequers” was £28, gross £22 net; the “Chequers Inn, having stables attached,
was more valuable than the “Foreland.” The gross rating of the “Queen’s Hesd”
was £37.
Mr, Ebenezer Pope, collector of assessed taxes, said that the “North
Foreland” examined by Mr. Knocker, was assessed for the house tax at £35.
Mr. Knocker said that was the case.
Mr. Minter for defendant argued that the evidence of value brought
against him was purely speculative; Mr. Robinson as a witness at Dover, might
be very valuable, but here he comes today with his recollections of 60 years
ago, this was purely speculative. The way to test the value of a house, was to
see what would be given for it, and there was the evidence of Mr. Pledge, which
showed he had a party willing to give £65 a year for it, the present defendant
also would give £60 a year for it; again a deed is put in which shows that the
rent of the premises now on lease is £75 a year and none of the plaintiffs are
brought forward to say they repent of having made such a bargain; the lease
passes through two or three hands, and none of them complain. Mr. Pledge’s
sworn evidence that he has a party willing to give £65 a year for the premises
is conclusive evidence against that of Mr. Robinson, and Mr Banks.
His Honour said Mr. Pledge did not give the name of the party.
Mr Minter said it was offered privately to his Honour and plaintiffs
solicitor, and in addition they had the evidence of defendant, and his son,
that they were willing to give £G0 a year for the premises. The date of the
deed put in is February 1860, and in that the City of London Brewery Company, agree
to give £65 a year for the leasehold.
His Honour, in summing up, said £75 a year value was out of the
question altogether,. If he was sitting as revising Barrister, say, and the
present evidence was brought to support a claim of £50 holding for a vote, ho
should feel bound to not allow it. Mr. Robinson and Mr. Banks both put the rent
at £35 a year; he therefore felt bound to give a verdict against the defendant,
who must leave the premises in five or six days at the utmost. Verdict for the
plaintiffs recorded.
Folkestone Chronicle
9-11-1861
Advertisement:
North Foreland Inn, Folkestone. Notice of positive and unreserved sale of the
whole of the household furniture, stock, utensils in trade, plate, linen,
valuable oil paintings and prints framed and glazed, &c., &c.,
contained in the above premises, which will be sold by auction by Messrs. W.
and J. Pledge, on Friday next, November 15th, 1861. The whole of the
fixtures will be sold in one lot.
Catalogues
to be obtained of the auctioneers, Folkestone and Sandgate. Sale to commence at
twelve o`clock on account of the great number of lots.
Southeastern Gazette
12-11-1861
Auction
Advertisement: North Foreland Inn, Folkestone. Notice of positive and
unreserved sale of the whole of the household furniture, stock, utensils in
trade, fixtures, plate, linen, valuable oil paintings and prints, framed and
glazed, &c., &c., contained in the above named premises, which will be
sold by auction by Messrs. W. & J. Pledge, on Friday next, November 15th,
1861.
The
furniture comprises: In the 4 parlours, a pair of Spanish mahogany dining
tables, on turned legs, several smaller ditto, coffee, stand, work, Pembroke,
and card tables, large size mantel glasses, horse-hair, cane seated, polished
Windsor and other chairs, Brussels and Kidderminster carpeting, and hearth
rugs, wool, cocoa, and other mats, 17 large size oil paintings (good), sofas
and couches, 8 day dial, mahogany sideboard, bird organ, large quantity of
sporting prints, very large quantity of pewter quart and pint pots, about 80 in
number, spirit measures, 12 decanters, ale, hock, dram and wine glasses and
tumblers, liqueur bottles, copper spirit measures, good harness, bridles and
saddles, together with a very large assortment of culinary and other utensils,
too numerous to describe.
The
bedrooms comprise mahogany 4 post, tent, iron and French bedsteads, with dimity
and chintz hangings, palliasses, horse-hair, wool and cotton mattresses, goose
and other feather beds, bolsters and pillows. Witney and other blankets, linen
and cotton sheets and pillow slips, Marseilles and other counterpanes, mahogany
and japanned double and single washstands with fittings complete, toilet tables
and covers, dressing glasses, cane-seated and other bedroom chairs,
Kidderminster and stairs carpeting, mahogany and japanned high and low chests
of drawers, &c., &c.
The
fixtures comprise a very superior counter with pewter top, fitted with drawers
(complete), a five-motion beer engine with the usual piping (complete), a
superior spirit fountain with six taps, fitted complete with the usual piping,
and five spirit casks to supply the same, with taps (complete), three bottle
and spirit cases, and glass shelves, the enclosure, with shutters and doors to
the bar, glazed cupboards and shelving, oven and boiler range, elliptic and
register stoves, &c., wine bins, the whole of the seats round the coffee
room, two York sinks with lead piping, bottle racks, copper and furnace, with
brickwork, kitchen range, lead cistern and piping to supply closet, very handsome
gas lamp in front of house, as now fixed, with standards (complete), ditto at
back of house, the whole of the gas fixtures and piping, with unions, bends,
ties, &c., &c., contained in the above house, with lots of sundries
connected therewith.
The
stock is of the usual description, together with a large quantity of new cod
lines. The whole of the fixtures will be sold in one lot.
Catalogues
to be obtained of the Auctioneers, Folkestone and Sandgate.
Sale
to commence at twelve o`clock, on account of the great number of lots.
Dover Chronicle
30-11-1861
County
Court, Wednesday, before C. Harwood Esq.
The
London Brewery Company v Wallace – Mr. Knocker, Hythe, for the plaintiffs; Mr.
Minter for defendant.
This
case has been several times before the Court, but the parties had not come to
terms, and today Mr. Knocker expressed his belief that no arrangement would be
come to. His Honour said that if the attorneys would make an appointment to
attend before him, he would hear the argument and settle the case. This offer
was acceded to.
Southeastern Gazette
9-12-1862
A
fisherman, named Harmer, belonging to Ramsgate, was on Wednesday passing along
the tramroad to get to his boat, near the coal hulk, when he fell over, and his
foot slipped, breaking three ribs and fracturing his jaw bone. Some fishermen
in a boat near heard Harmer groaning as he lay on the harbour bottom and took
him to the North Foreland public house, where he was attended to by Mr. Eastes,
and afterwards removed to his sister`s residence, in Darlington Place.
Folkestone Chronicle 27-6-1863
Coroner`s Inquest
On Thursday last an inquest was held at the North Foreland Inn on the body of Mary Cockett, aged 68, before John Minter Esq., coroner for the borough.
The jury having been sworn, they viewed the body, which was lying in an upper room at the above house. The first witness examined was Mr. William Bateman, who bing sworn, deposed he was a surgeon, living and practicing in Folkestone; identified the body just viewed as that of Mary Cockett, wife of Thomas Cockett, town crier. On Monday evening last, about 9 o`clock, he was called to the North Foreland Inn; found deceased sitting in a chair in a back parlour, with a shawl wrapped round her; found, on examining her, that the lower part of her clothing was completely burnt away; she was extensively burnt on the left side, from the top of her head to the knee; there was a deeper burn on the left arm, as if she had fallen on the bar of the fireplace; she was in a state of collapse, from which she never rallied; she was removed upstairs to bed at once, her clothes taken off, and wrapped in wadding. Witness administered opiates. Had no doubt the cause of her death was from being extensively burnt; she died on Wednesday morning, the 24th, at 6 o`clock.
Mary Ann Murphy, sworn, deposed she was the wife of Henry Patrick Murphy, landlord of the North Foreland Inn. Deceased lodged in the Inn with her husband. On Monday evening last about half past eight witness was sitting in the bar parlour, when she observed a light at the upper part of the staircase; she went towards it and saw deceased standing at the top of the staircase all in flames; witness called out “Fire”; the deceased screamed, who then attempted to come downstairs and fell to the bottom; deceased had gone into her room about three quarters of an hour before; some neighbours then brought in water and threw it over deceased to put out the fire; Doctor Bateman was then sent for, who came immediately; Doctor Eastes attended her next day; her husband was not at home; he had been from home since eleven o`clock that morning; there was a large fire in the room where she used to cook.
Mrs. Meal, a sister of Mr. Cockett, came into the house and went upstairs with Mrs. Cockett about a quarter to eight, and left about ten minutes past.
Fanny Emery, sworn, deposed she was the wife of Henry Emery, labourer, Mill Bay. At ten minutes past ten on Monday evening last, witness came to North Foreland, and found deceased in bed; deceased wished witness to remain with her until Tuesday evening. On Monday night about a quarter to twelve deceased wished witness to look at her wounds; she then said she would tell witness how it occurred; she said she cooked one fish, and after that she sat down to eat it; she put her foot on the fender, it slipped, and she fell with her arm across the grate; deceased recovered herself and then found she was on fire. She died about a quarter past six yesterday morning.
Mr. Minter then said that was all the evidence he had to put before them; it appeared from the evidence of the witnesses that her death was purely accidental.
The jury returned the following verdict – That deceased was accidentally burnt to death.
Folkestone Observer 27-6-1863
Burnt To Death
An inquest was held at the North Foreland, before J. Minter Esq., coroner, on Thursday, touching the death of Mrs. Cockett, wife of the Town Crier, Mr. G. Brickman being foreman of the Jury.
The unfortunate condition of Mrs. Cockett has long been known to the town, but the law not recognising a mania for drink as sufficient cause for personal restraint, the poor woman has necessarily been left to meet that horrible fate that she has this week encountered at the North Foreland, where she has been lodging. The following is the evidence taken at the inquest.
Mr. Bateman: I am a surgeon, residing at Folkestone. I identify the body of the person now being viewed as that of Mary, the wife of Thomas Cockett, of Folkestone, town crier. On Monday the 22nd instant, at 9 o`clock p.m., I was called to the North Foreland. I found deceased sitting in a chair, on the ground floor, with a shawl wrapped around her. I found on examining that the skirts of her clothing were completely burnt away. She was extensively burnt on the left side, from the top of her head to the knee. There was a deeper burn on the left arm, as if she had fallen upon the bar of a fireplace. She was in a state of collapse. She was removed upstairs, her clothes taken off, and she was wrapped in wadding. Going out of town, I asked Mr. Eastes to attend for me. Deceased died at 6 o`clock Wednesday morning. She never recovered from the state of collapse in which I left her. I have no doubt her death was caused by the extensive burns.
Mary Jane Murphy, wife of Henry Patrick Murphy, landlord of the North Foreland, Folkestone said: The deceased lodged at the North Foreland, with my husband. On Monday evening last, about half past eight, I was sitting in the bar parlour, and on looking up I saw a light glancing downstairs. I went to look, and saw deceased stand at the top of the stairs with her clothes on fire. I cried “Fire”, and deceased screamed and fell down the stairs at the foot of the bar door. Two gentlemen from Dover threw water on deceased to extinguish the flame. I then sent for Dr. Bateman, who attended. Mr. Eastes attended next day for Dr. Bateman. Deceased`s husband was not at home when this occurred. There was a large fire in deceased`s room where she used to cook her victuals for herself and husband. Mrs. Neal came in and went upstairs with deceased about a quarter to eight and left about 10 minutes past eight.
Fanny Emery, wife of Henry Amery, living in Mill Bay, said: About 10 minutes past 10 I went to the North Foreland. About a quarter to 12 deceased said “I want you to open my wounds and see where I am burnt”. I sat her up and asked her how it occurred. She said “I went across the road and bought a pennyworth of fish, and was going to have my tea. I cooked one fish and got my tea. As I was eating the fish with my feet on the fender, my foot slipped, and I fell with my arm across the bar. Shortly afterwards I got up and found my clothes on fire”. She died on Wednesday.
The Jury immediately returned a verdict of accidental death.
Southeastern Gazette 30-6-1863
Inquest
Death by Burning.—On Thursday an inquest was held at
the North Foreland, before J. Minter, Esq., coroner, touching the death of Mrs.
Cockett, wife of the town crier.
Mary Ann Murphy, landlady of the above house, said that
on Monday evening, about half-past eight, she was sitting in the bar parlour,
when she observed a light at the upper part of the staircase. She went towards
it, and saw deceased standing at the top of the staircase in flames. The deceased
screamed, then attempted to come down stairs, and fell to the bottom. She had
gone into her room about three-quarters of an hour before. Some neighbours then
brought in water and threw it over
deceased to put out the fire.
Mr. Bateman, surgeon, deposed to being called, and finding the deceased
extensively burnt on the left side, from the top of her head to the knee. There
was a deeper burn on the left arm, as if she had fallen on the bar of the fire
place. She was in a state of collapse, from which she never rallied. She died
on Wednesday morning at six o’clock.
Fanny Embery said the deceased told her how the accident occurred; that
she had cooked a fish, and after that she sat down to eat it. She put her foot
on the fender, when it slipped, and she fell with her arm across the grate. She
recovered herself, but found she was on fire.
Verdict, “Accidental death.”
Folkestone Chronicle 11-7-1863
Fatal Accident
On Thursday afternoon a melancholy accident, by which a poor man named Thomas Rains, employed on the new pier, lost his life, and another narrowly escaped, occurred through a crane overbalancing and falling into the sea, carrying deceased with it and drowning him.
An inquest assembled at 8 o`clock the same evening, before the coroner, John Minter Esq., at the North Foreland Inn, where the body of the unfortunate deceased lay. The body having been viewed, the following evidence was adduced.
Thomas Hall, sworn, deposed he was a barge man in the employ of the South Eastern Railway Company, and identified the body as that of Thomas Rains, residing in Dover Street, and in the company`s employ working in the barge at the mole edge at the mouth of the harbour, assisting in getting up stone from the ground, for the purpose of deepening the mouth of the harbour. The deceased was working on board a larger barge, pumping air to the diver, and then went on the little barge to discharge the stone; the stone was discharged by cranes on the new pier. Witness heard an outcry three or four minutes after, when witness got in a small boat, and went to ascertain the cause. On arriving at the new pier, he saw that a crane, which was usually on the new pier, had disappeared. Witness got a rope from Mr. Latham, and sent it down to the diver, who slung the body of the deceased in the bight of the rope, and witness hauled the body on board his boat; several persons assisted in hauling the body on board; deceased was then dead, but witness did not observe any wounds on his head. Witness then assisted to bring the body to the North Foreland Inn; it occurred about a quarter to three p.m.
John Goldsmith deposed he was foreman at the new pier, under the direction of Mr. Latham, inspector of Permanent Way and Works; in Mr. Latham`s absence, witness had the entire charge of the works: saw the small barge come alongside the new pier about quarter to eleven; deceased was on the new pier at work. They began to discharge the vessel about quarter past two, under witness`s direction; there were eight labourers employed, deceased being one. The stone was removed by a moveable crane, on wheels, running on the rails of the new pier. Six tons can be removed with safety from the barge by the crane. Deceased was employed on the crane, winding the stone up; this occurrence took place about a quarter to three. Previous to that he had taken out four stones, some weighing 14 or 15 cwt., and some a ton; this one that caused the accident was from 2 ½ tons in weight. There was a man in the barge employed in slinging the rocks; witness saw him sling this particular rock to the crane chain; witness saw it properly fastened, and witness directed the men to what is technically called “set up”, or to work the crane. Deceased with five others began to turn the handle; the crane was then in a proper position to lift the weight; the labourers had almost got the stone to a level with the top of the pier, when the half-hitch, which fastened the sling on to the crane chain, slipped from six to eight feet, and by the sudden pressure of the fall, it over-balanced the crane, which fell over into the sea, and two men with it, deceased being one, and a man named George Grey; could not tell whether deceased was struck or not. The remainder of the men jumped on to the pier. Just before the stone was hauled up, witness told a man named Richard Pledge, who was in the barge, to take care and make a good half-hitch with the sling chain, and witness saw him do it; deceased sank, and the body was not seen afterwards; witness saw deceased`s body hauled into the boat; witness could not account for the hitch slipping, as witness had seen hundreds made, and never knew one to slip before; the same kind of half-hitch is always used; witness has been 2 years and 2 months at the pier; the crane was properly weighted by a balance box at the hind part; we have lifted four tons with the same balance; it was not possible for the balance box to slip forward; deceased was in the water for about an hour, and was brought up by a diver.
Silvester Eastes deposed he was a surgeon working in this town; was called to see the body of deceased about half past four this afternoon, and on examining it, found it had the usual appearance of death from drowning; the surface of the body pallid, the pupils of the eye dilated, and a quantity of froth oozing from the mouth; there was also an extensive compound fracture of the upper part of the skull over the right temple; he had evidently been dead some time, as the body was getting cold; should say that death occurred from drowning, though it was probable he would have died from fracture of the skull if he had not been drowned; the fracture was no doubt occasioned by head of deceased coming into contact with some hard substance under water.
Richard Pledge deposed he was in the employ of the South Eastern Railway Company on the new pier; was in the null at the new pier, on the small barge; two pieces of rock had been lifted before the one that fell over; it was about two tons in weight. Witness fastened the sling round the rock and the blackwall on the hook of the crane chain, and a half-hitch under. Mr. Goldsith said to me “set up taut”, and witness hailed those on the crane to “set up”. As soon as this was done witness took a half-hitch under the blackwall and the ring at the end over the crane hook, and then went forward and hauled the barge out of the way. Witness did not see the crane fall over, but heard a crash and a fall into the water. The sling and blackwall were made fast in the usual manner. Witness had been about four years employed in slinging rocks.
The coroner said that was all the evidence he proposed to call. The occurrence seemed to him to be purely accidental, as every precaution had been taken by the men employed.
The jury, after a short consultation, returned a verdict of accidental death.
Folkestone Observer 11-7-1863
Fatal Accident At The Pier
An inquest was held on Thursday evening at the North Foreland, before J. Minter, Esq., coroner, on the body of Thomas Rains, Dover Street, a labourer in the emply of the South eastern railway Company.Mr. Brickman was foreman of the jury, and the following evidence was taken:-
Thomas Hall, bargeman in the employ of the Company, said deceased worked with him in the barge that day at the entrance to the harbour, getting up rock for the purpose of deepening the entrance. There were two barges. The large one was used to get up the rock, and the other to convey it to the new pier. Deceased went to the pier in the small barge, leaving witness in the large barge. At the pier the rock was discharged by means of cranes. Three or four hours afterwards, while mooring the large barge, he heard an outcry and went in a small row boat to see what was the matter, when he met his own boat, rowed by some of the Company`s men, and got into it and proceeded to where the cry came from. He then noticed that a crane used for hoisting rock had disappeared. The diver then went down, found the body, and put a rope around it; and witness assisted in hauling it on board, and taking it to the North Foreland. Rains was dead when taken on board. Witness did not then notice the wound on the head. The occurrence happened about a quarter to three.
John Goldsmith, foreman at the new pier, under Mr. Latham, said that he saw the small barge rowed to the new pier about a quarter to eleven that morning, for the purpose of discharging cargo. Eight men began to discharge under witness`s direction about a quarter past two. The portable crane on the new pier could lift 6 tons with safety. Deceased was employed at the handle of the crane winding up stone when the accident happened which cost his life. They had already taken out four stones, weighing from 14 and 15 cwt. to a ton. The stone they were then lifting weighed from two ton to two ton and a half. A man in the barge slung the rocks. Witness saw him sling this rock and make it fast to the crane chain, and then he himself gave orders. They had almost got the stone to the edge of the pier when a knot or half hitch in the crane chain slipped from six to eight feet, and by the sudden jerk overturned the crane into the sea – the deceased and George Gray falling into the sea also. The others jumped onto the pier. He could not say if deceased fell clear of the crane. Witness told Richard Pledge, the man in the barge, to take a good half hitch with the sling chain, and he saw him do so. Gray got out of the water himself with a scratch on his head. Could not account for the slipping of the half hitch. Pledge had been in the habit of slinging in the stone, and in witness`s opinion was a steady and good workman. They always use the same kind of half hitch. Witness had been here two years and two months. The crane was properly weighted by a balance box on the handfast. They had lifted five tons with the same balance as they had used that day. The balance box would not shift from it`s place. It would take up about two feet.
Silvester Eastes was called to the North Foreland about half past four that afternoon, where he saw the body of deceased, Thomas Rains, and upon examination found the usual appearance of persons who had died from drowning. There was also a compound fracture of the upper part of the skull, or right temple. The man was then evidently dead. He was told the body had been under water about an hour, and it was getting cold. The man probably died from drowning, and if he had not been drowned, he might have died from the wound. He thought the wound was caused by the head coming in contact with some hard substance under the water.
Richard Pledge, employed by the Company at the new pier, was that afternoon in a small barge unloading rock. They had lifted two pieces before the crane tumbled over. The piece of rock with which the crane tipped over he believed did not weigh more than two tons. He put a back wall around a piece of rock about two tons in weight, and a half hitch under the back wall. Before he put the half hitch under, Mr. Goldsmith said to him “Set up taut” and he hailed those on the quay to set up. As soon as they had set up he took a half hitch under the chain, and then left it and went forward to get ready to haul the barge out of the way. As soon as the men on the crane had lifted the stone clear of the barge he hauled it ahead. He took the barge out of the way every time. He did not see the crane fall over, but he heard the splash. Witness had been engaged about four years in slinging things. He made the half hitch in the usual way.
This being the whole of the evidence, the Coroner addressed the jury, remarking that he thought no blame could be attributed to anyone in connection to the death of Rains, and the jury at once returned a verdict of accidental death.
Southeastern Gazette 14-7-1863
Inquest
An inquest was held on Thursday evening, at the
North Foreland, before J. Minter, Esq., coroner, on the body of Thos. Rains,
Dover- Street, a labourer in the employ of the South-Eastern Railway Company.
Thomas Hall, bargeman in
the employ of the company, said deceased worked in the barge with him that day
at the entrance to the harbour, getting up rock for the purpose of deepening
the entrance. There were two barges. The large one was used to get up the rock,
and the other to convey it to the new pier. Deceased went to the pier in the
small barge, leaving witness in the large one. At the pier the rock was
discharged by means of cranes. . Three or four hours afterwards witness heard
an outcry, and proceeded to where the cry came from. He then noticed that a
crane used for hoisting rock had disappeared. The diver then went down, found
the body of deceased, and put a rope around it, and witness assisted in hauling
it on board and taking it to the North Foreland, but Rains was dead when taken
on board.
John Goldsmith, foreman
at the pier, said deceased was employed at the handle of the crane winding up
stone, when the accident happened. They had already taken out four stones,
weighing from 14 and 15 cwt. to a ton. The stone they were then lifting weighed
from two ton to two ton and a half. A man in the barge slung the rocks. Witness
saw him sling this rock and make it fast to the crane chain, and then he
himself gave orders. They had almost got the stone to the edge of the pier,
when a knot or half hitch in the crane chain slipped from six to eight feet,
and by the sudden jerk overturned the crane into the sea, the deceased and
George Gray falling into the sea also. The others jumped on to the pier. He
could not say if deceased fell clear of the crane. Gray got out of the water
himself with a scratch on his head.
Richard Pledge gave
confirmatory evidence.
Mr. Silvester Eastes said
he saw the body about half-past four, and it had the usual appearances of
persons .who had died from drowning. There was also a compound fracture on the
upper part of the skull and right temple.
Verdict, “Accidental
death.”
Folkestone Observer 18-7-1863
Saturday July 11th:- Before James Tolputt and A.M. Leith Esqs.
Foul Language
James Sacree, sen., was sent to prison for five days for using very foul language to Mr. Murphy of the North Foreland, after refusing to pay for some rum he had ordered and given away.
Folkestone Observer 29-8-1863
Saturday August 22nd:- Before R. F. Browell, Captain Kennicott R.N., A.M. Leith and J. Tolputt Esqs.
Public House Disturbance
William Coil was brought up on a charge of maliciously breaking four squares of glass and damaging a mahogany cupboard and a black coat.
Henry Patrick Murphy, landlord of the North Foreland, Back Street, said: Between ten and eleven o`clock last evening I was in my club-room at the North Foreland. The prisoner was there also, and tried to get up and fight, and was very disorderly. I requested him to be quiet, and to go downstairs. He went out of the room as far as the top of the stairs, where he seized me by the collar, and by the skirt of my coat, and attempted to pull me downstairs. I freed myself, and he went downstairs and burst open the door of my bar parlour. From there he went into my beer cellar, where I left him, and fetched a policeman, and gave him into custody. The prisoner tore my black frock coat down the front. I estimate the damage to the coat at £1, as it is nearly new. When P.C. Smith arrived I went with him into the cellar, and found the prisoner in the corner with a piece of wood (an oak wedge) in his hand, which he flung at us. The wood hit a mahogany cupboard with a glass front, which was in the bar parlour. The wood flung by the prisoner went out through the cellar door and broke four squares of glass in the mahogany cupboard, and also some of the woodwork. I estimate the damage to the cupboard at 4s. P.C. Smith then took him into custody. He was very violent.
P. C. Smith said: Last night, about eleven o`clock, I was fetched by the last witness, and I went with him to the North Foreland. We went into the beer cellar, and as soon at the door was opened, the prisoner, who was in a corner, up with the block of oak I produce and flung it at me as I was standing in the doorway. I dodged my head and the wood missed me and went through the door and into a mahogany cupboard in the bar parlour. I afterwards found four panes of glass and the framework of the cupboard broken. I seized the prisoner, and with assistance he was brought to the station-house.
The bench ordered the prisoner to pay £1 4s., th amount of damage, and a fine of 6d., with the costs; in default, ten days` hard labour.
Folkestone Observer 28-11-1863
Thursday November 26th:- Before Captain Kennicott R.N. and James Tolputt Esq.
Sarah Wilson, found by P.C. Swain dead drunk in the passage of the North Foreland, was magisterially cautioned and discharged.
Kentish
Gazette 15-12-1863
Folkestone
County Court, Friday, December 11th: Before Charles Harwood, Esq., (Judge.)
Jos.
Baxendale and others v P. Murphy: Claim of £6, value of bill for carriage of
goods. Defendant,
the landlord of the North Foreland Inn, did not appear, and a
verdict for the amount claimed within
fourteen days was given.
Folkestone Chronicle 16-1-1864
Monday January 11th:- Before Captain Kennicott R.N., A.M. Leith and James Tolputt Esqs.
Henry Patrick Murphy, landlord of the North Foreland appeared on a summons, charged with assaulting Mr. Henry Flaherty, accountant. Defendant pleaded not guilty.
From the evidence of the complainant, which was corroborated by a preventive man, it appeared that on the Friday night previous, complainant was in the Chronicle office, Tontine Street, when he was alarmed by hearing cries from a woman, seemingly in distress. Witness went out to ascertain the cause, and found a woman, who it appears lives with the defendant, standing at the junction of High Street and Tontine Street, crying bitterly and threatening to drown herself, arising from the ill-usage of defendant; complainant persuaded her to go home, and accompanied her, and a daughter of the defendant, who came up while they were talking, towards defendant`s house; when they reached the North Foreland defendant`s daughter went indoors, and directly afterwards he came out, and using some foul language, struck the complainant two violent blows, one at the back of the ear whilst walking away from him, and the other on the left eye when complainant turned round: complainant had not spoken to, nor previously done anything, to defendant. This was the assault complained of.
For the defence, defendant made an accusation that complainant had pushed against him, and had uttered threats against him to the two females on their way towards his house; he laso endeavoured to insinuate that complainant had used a dangerous weapon against him. He called the two females to substantiate this defence; they, however, signally failed in this, as they committed deliberate perjury, and contradicted each other in the most important points of their statements.
The court was then cleared for deliberation, and on the re-admission of the public, Capt. Kennicott said a majority of the bench had decided on a conviction; it would have been more severe if they had all agreed. The decision of the bench was that defendant be fined £1 and 12s costs.
Mr. Leith added that a majority of the court were also of opinion that the defendant had deliberately endeavoured to make the bench believe that the complainant had been guilty of improper conduct with the two women, one of them his own daughter, which was a most vile calumny.
Folkestone Observer 14-5-1864
Tuesday May 10th:- Before Captain Kennicott R.N. and James Tolputt Esqs.
Mrs. Nash, charged with being drunk and disorderly at one o`clock in the morning, denied that she was drunk. She had been to the North Foreland to see her husband before he went across the water that night, and get some money of him. He had thrashed her before he left home. She had only one pint of beer during the day. The testimony of P.C.s Hills and Reynolds and of the prisoner presently to be named (whose case was heard before Mrs. Nash`s was finally decided) was, however, very positive, and Superintendent Martin stated that drunkenness was not an unusual fault with her. The bench fined her 5s., with an alternative of seven days.
James Sekree was charged with assaulting P.C. Reynolds in the execution of his duty. Reynolds said the prisoner trued to prevent him and Hills from taking Nash into custody, and he therefore took him also. Sekree said he had actually been assisting Hills in lifting Nash up and putting her on her feet before Reynolds came up, and when he did come up, Reynolds laid hold of him. The bench cautioned him and dismissed him.
Folkestone Observer 8-7-1865
A temporary licenses has been granted to David Rigden for the North Foreland
Note: Name given as David Rigden Taylor in More Bastions
Folkestone Chronicle 9-12-1865
Friday December 8th:- Before J. Kelcey and R.W. Boarer Esqs.
Felony By Soldiers
Evan Griffiths and Charles Wayman, two privates in the Fusilier Guards, were charged with stealing a knife and fork from the North Foreland public house on Thursday night.
David Rigden Taylor said that he was landlord of the North Foreland public house, Folkestone. A little before eleven o`clock last night the prisoner Griffiths came to his house and asked whether any soldiers were in. Told him there were none. The prisoner turned, as he thought, to leave the house, but soon after prosecutor missed a knife and fork from a table in the tap room, where a man had been eating his supper. He afterwards saw police constable Swain who told him that two soldiers had been apprehended who had a knife and fork in their possession, which he afterwards identified as his property. The value of them was 9d.
By the prisoner Griffiths: There was another man in the tap room asleep when you saw me go in.
Albert Duncan, a gunner in the Royal Artillery said he was Assistant Provost at Sandgate last night. About 12-30 he saw the two prisoners searched at Sandgate Castle. A knife and fork was found on Private Griffiths.
Police constable Smith said that while he was on duty in the Upper Sandgate Road last night, about 11-45 he saw the two prisoners pass towards Sandgate. Soon after an officer on horseback told him that two of the foot guards had knocked a woman down, and as he was going to Sandgate he received information that two prisoners were in custody at Sandgate Castle. He went there and charged both prisoners with stealing the knife and fork from the North Foreland public house. The prisoner Griffiths said that he and another soldier were in a public house playing cards, but how the knife and fork came into his pocket he did not know. The prisoner Wayman made no answer. He took them into custody and brought them to Folkestone.
The magistrates discharged the prisoner Wayman. The other prisoner pleaded guilty, and the magistrates ordered him to one month`s imprisonment, with hard labour.
Folkestone Observer 9-12-1865
Friday December 8th:- Before J. Kelcey and R.W. Boarer Esqs.
Evan Griffiths and Charles Wayman were charged with stealing a knife and fork from the North Foreland public house.
D.R. Taylor, the landlord, saw them in the house and saw Griffith leave the room where he had placed the knife and fork just before.
The Provost proved that on searching Griffiths he found the knife and fork in his greatcoat pocket.
Wayman was discharged, there being no evidence against him, and Griffiths was sentenced to one month with hard labour.
Kentish Gazette 12-12-1865
Folkestone Police Court, Friday:
Before J. Kelcey Esq., and R.W. Boarer Esq.
Evan Griffiths and Charles
Wayman, two privates in the Fusilier Guards, were charged with stealing
a knife
and fork from the North Foreland public house, on Thursday night.
David Rigden Taylor said that he
was landlord of the North Foreland public house, Folkestone. A
little before
eleven o’clock last night, the prisoner Griffiths came to his house and asked
whether
any soldiers were in. Told him there were none. The prisoner turne, as
he thought to leave the
house, but soon after prosecutor missed a knife and
fork from a table in the tap-room, where a man
had been eating his supper. He
afterwards saw police constable Swain, who told him that two
soldiers had been
apprehended who had a knife and fork in their possession, which he afterwards
identified as his property. The value of them was 9d.
The missing knife was found in
Griffiths’ possession, but there was no evidence against the other
prisoner, and
he was discharged.
Griffiths pleaded guilty, and was
sentenced to one month’s imprisonment.
Folkestone Observer 14-12-1867
Wednesday, December 11th: Before James Tolputt and R.W. Boarer Esqs.
William Spearpoint was charged with assault.
Amelia Spearpoint said: I am the wife of defendant, and live in Radnor Street. My husband went out on Monday evening about seven, and not returning at eleven, I went out and found him at the North Foreland, standing at the bar. I requested him to come home and see to his own house. He would not come home and I returned home. I keep the Skylark, and wished defendant to come home and clear the house. About twelve o`clock I went after him again outside the North Foreland. He came up to me and knocked me down in the street. I got up and went home. Defendant followed me into the house and said “You ----, give me that money”, and held me with his hands round my neck on to the floor, and would have choked me, but the servant intervened, and he ran downstairs. I went out and found a policeman, and told him my husband had been ill-using me, and he said he could do nothing for me. He has ill-used me before. P.C. Reynolds went to the house with me, and defendant said to him “There is the door. I never turned her out”. As soon as Reynolds had gone, he again ill-used me. He took hold of me by my hair, and knocked my head against the stairs and said “I`ll knock your ---- out”. He was going to throw the child out of the window. It is not his child. It was between one and two o`clock in the morning. My husband was not sober. He had been drinking all the evening. He is constantly at the North Foreland.
Isabella Hart said: I am servant to defendant. I was indoors on Monday last. I saw the defendant in at tea at four o`clock. I never saw him again till past eight. He was in the house then, but a very little while. I never saw him again till past eleven. Mistress went upstairs about eleven to get some money, and defendant followed her up to the bedroom. He asked her for the money, and she (plaintiff) wouldn`t give it to him. He took hold of her by the hair with both hands, and knocked her head against the wall. This was at half past eleven. He squeezed her throat, and I said “Oh, Mr. Spearpoint, you will choke her”. He left off and went downstairs. Mistress had been for defendant. She went out afterwards to look for a policeman, and I followed her. I met P.C. Reynolds and went back again to the house. After a little while Mr. Spearpoint opened the door. Plaintiff went in the house with P.C. Reynolds, and I followed. I fastened the back door and went to bed. My mistress was sober. Defendant was sober when he went out, but not when he came in.
The defendant, in defence, said he went out about six o`clock on Monday evening to see his boat, and called into Mr. Hall`s, and was standing at the bar when his (defendant`s) wife came in and told him to go home. She began to abuse him, and he ran home to avoid a disturbance.
The Bench sentenced the prisoner to 21 days` imprisonment.
Mrs. Spearpoint applied that the prisoner might be bound over to keep the peace toward her, but the request was refused.
Note: No mention of a Hall holding the license at the North Foreland according to More Bastions.
Kentish Gazette 27-10-1868
G. Punnett, was summoned for
assaulting H. Levy. Mr. Minter appeared for defendant. H. Levy deposed that he
was a fish merchant, residing at Boulogne. He was generally insulted when
passing the fish market at Folkestone, by some of the fishermen. On Thursday he
was waiting for his dinner in the private room at North Foreland Inn, when the
defendant came in and knocked him down.
By Mr. Minter: He had a fight on
Tuesday with a man named Fagg; Fagg assaulted him first, and of course he took
his own part. Was not aware that Punnett had sent 3,000 mackerel to Boulogne,
nor did he go to the telegraphic office at Folkestone and send a telegram
across to Boulogne saying, there were 16,000 mackerel sent by packet boat.
Mr. Hall, the landlord of the
North Foreland corroborated the account of the assault.
Mr. Minter in answer to the
charge said this was only an ordinary fight; Levy had tried to monopolise the
whole of the fish trade between Folkestone and Boulogne, and it seemed that
Punnett and some others had caught some mackerel, which, instead of selling to
Levy they determined to ship to Boulogne. When they arrived at Boulogne,
instead of getting a good price as they anticipated, owing to the fish being
scarce, they were informed that a telegram had been received from Folkestone,
saying that 16,000 mackerel were coming across. Upon that they sold the fish at
a sacrifice. Returning they found the statement was false, and they were
incensed at the plaintiff who they supposed was the cause of the telegram being
sent. He called John Fagg to prove the plaintiff had used threatening language
to the defendant.
The Magistrates fined defendant
20s. and costs or twenty one days’ for the assault.
Folkestone Chronicle 31-10-1868
Saturday October 24th: Before the Mayor and R.W. Boarer Esq.
George Punnett was summoned for assaulting H. Levy, a fish buyer of Boulogne, in the North Foreland Inn, on Thursday. Mr. Minter appeared for defendant.
Complanant stated that he was waiting for his dinner in the North Foreland on Thursday, and defendant came in and knocked him down. Daniel Hall, landlord of the house, corroborated the evidence.
Mr. Minter, for the defence, said that it was a fight instead of an assault; Punnett and others had taken some fish over to Boulogne expecting to get a good price for it, but were obliged to sell at a sacrifice in consequence of a telegram that 16,000 were on board the steamer. This was false, and they, thinking Levy sent the message, picked a quarrel with him.
Fined 20s. and costs, or 21 days.
Note: Hall being landlord at this time differs with info in More Bastions
Folkestone Express 31-10-1868
Saturday, October 24th: Before The Mayor and Alderman Boarer
George Punnett was charged with committing an assault on Henry Levy.
Mr. Minter appeared for the defendant.
Henry Levy, who described himself as a fish buyer, residing at Boulogne, deposed that as he was sitting in a room at the North Foreland public house the prisoner came in, and after spitting in his face, challenged him to fight, but he refused; defendant then came and knocked him down. Mr. Hall and another man interfered and pulled him away. But plaintiff`s face was covered in blood from the effect of the blow, and he went at once in that state to the police station to take out a summons. He had given the defendant no provocation.
By Mr. Minter: This happened on Thursday; on Tuesday he had to fight with another man in self-defence. Was told that Punnett had taken 3,000 mackerel across to Boulogne, but did not go to the telegraph office and send a message saying that 16,000 mackerel were coming across by the packet boat, nor was he aware that someone sent that telegram. The dispute and fight with Fagg was not in consequence of the telegraphic message. Did not say after he had fought with Fagg that he would paint Punnett the same. Did not advance to Punnett in a fighting attitude and challenge him to fight when he came in the North Foreland.
Mr. Hall, landlord of the North Foreland, said that Mr. Levy had lodged with him for six or seven weeks. He was at home on Thursday and was talking to Mr. Levy when Punnett came in and said to Levy “You are the man I have been looking for”, and added that he was bound to give him a “tanning” before the night`s up. He then ran to Levy and struck him, and they had a tussle together. Mr. Levy said nothing to him, and Punnett struck the first blow.
The Mayor: Did you say Levy struck Punnett?
Witness: I was down myself and could not see.
By Mr. Minter: They had a fight, there is no mistake about that, but there was only two or three blows. Did not hear anything said about the telegraphic message.
Mr. Minter said there was no doubt that this was a fight, and a fight meant a mutual exchange of blows. When Levy got the best of the fight with Fagg, he did not complain, but when he got the worst of it he came to this court. The fact of the case is this: Levy has been trying to monopolise the whole of the fish trade between Folkestone and Boulogne. Fagg and Punnett, and others, caught a quantity of mackerel, and they would not let Levy buy it of them at the price offered, but shipped it off themselves to Boulogne, expecting to get a good price for it there, as fish was scarce. When they arrived and offered it for sale they were informed that a telegram had been received that 16,000 more were coming over in the packet boat, and the dealers laughed at them for asking such a price. They, therefore, thinking this information was true, disposed of the fish at a great sacrifice. When they afterwards found out that they had been tricked, and happening to meet Mr. Levy going along Backway, no doubt some choice epithets were applied, and he taking his own part pitches into Fagg and gives him a good beating. He also says the first time he catches Punnett he will serve him the same as he has served Fagg. Fagg tells Punnett what Levy has said, Punnett therefore feeling that he had not only been robbed, but threatened, goes into Daniel Halls and said to Levy “You are the man that said you would paint me the same as you did Fagg”. Of course Punnett had no right to break the peace, but undoubtedly the threat was the immediate cause, and if the Bench considered that the peace had been broken, the smallest possible fine would meet the justice of the case.
He called John Fagg, who said that Mr. Levy pitched into him and marked his face. He then said he would paint Punnett the same as he had him, and not only him but all the people along Backway.
The Bench considered the case proved and fined defendant 20s. and 12s. 6d. costs, or 21d days` hard labour, and stated they would give Fagg a summons against Levy if he wished. The fine was paid.
Folkestone Chronicle 5-6-1869
Monday, May 31st: Before J. Gambrill and R.W. Boarer Esqs.
Daniel Bates, a lad of 16, well known to the police, was charged with stealing a piece of rope that morning, value 2s., the property of Mr. Daniel Hall.
Prosecutor, who keeps the North Foreland, Back Street, said he was the owner of three fishing smacks, from which he had lately lost £30 or £40 worth of gear. The boat from which the piece of rope produced was cut was lying opposite his house in the west corner of the harbour. From information he had from a coastguardsman, he went to the boat about seven o`clock that morning and found a rope cut, and the piece coiled up in a punt close by. Four or five fathoms had been cut off. Prisoner was then by the side of another vessel and ran away, but witness caught him near the Royal George, and being confronted with the coastguard was identified as being the boy who had cut the rope. Witness sent for a policeman and gave him into custody. The piece of rope produced by P.C. Swaine was his property, and was worth 2s. Prisoner was not in his employ, and had no business on board the boat.
James Sacrey, a seaman living in East Street, said he saw the prisoner at ten minutes to seven that morning, leaning over a boat`s side in the harbour, coiling a piece of rope. Mr. Summers, a coastguardsman, was with witness. Witness called out “What are you ding with that rope?”, and the boy ran away with a basket.
William Summers said he was with the last witness on the quay side that morning. About half past six he saw prisoner go aboard Mr. Hall`s boat, and knowing that he was not a fisherman, watched him. Mr. Hall`s father spoke to prisoner, who left the boat, and a few minutes afterwards witness saw him leaning over a small punt, about twenty yards away, close to the tramway. Sacrey said to prisoner “What are you doing with that rope?”, and prisoner said “Going to let it be”, or words to that effect, and ran away. Witness told prosecutor of what he had seen, and soon after Mr. Hall brought prisoner to him and asked if he was the boy who had the rope. Witness said he was, and prisoner denied having cut the rope, that he saw the rope lying in the punt, and not knowing whether it was cut or not, picked it up to look at it. Witness saw the rope lying there. The cut ends were not more than two inches apart.
P.C. Swaine said he was on duty at the police station at half past seven that morning, and from information received he went to prosecutor`s house, where he found the prisoner, and Mr. Hall gave him into custody for cutting the rope, and intending to steal it. He charged the prisoner with the offence, and he said he did not cut it, but admitted he was on board Mr. Hall`s boat that morning. Witness asked why he went on board, and prisoner said to get a piece of string to lace up his shoes. On searching prisoner he found a clasp knife on him, with tar on the blade.
Prisoner, on being called for his defence, said he did not cut the rope. He went on board for a piece of string to fasten his boots with, and he saw the rope hanging over the side of the boat, coiled it up, and left it.
The Bench, after considering the case, found the prisoner guilty. They were always very reluctant to send young people to prison, but felt they must make an example of the prisoner, as property was so often stolen from the harbour, and they trusted it would be a caution to others. Prisoner was liable to three months` hard labour, but looking to his youth he was only sent for one month, and the Bench hoped that at the expiration of his sentence prisoner would endeavour to regain his good character.
Folkestone Observer 5-6-1869
Monday, May 31st: Before R.W. Boarer and J. Gambrill Esqs.
Daniel Betts, a boy, 16 years of age, was charged with stealing a piece of rope, value 2s., the property of Daniel Hall.
Daniel Hall said he kept the North Foreland Inn, Back Street. He was owner of three fishing boats; the one from which he had lost something was in the west corner of the harbour, opposite his house. A man told him that he saw a boy cut a piece of his rope, and on going to the boat he found the rope cut, and the piece from which it had been cut coiled up in the punt close by. This was about seven o`clock. There had been four or five fathoms cut off. On enquiry he found the prisoner by the side of a vessel and he ran away, but at the Royal George he caught him and took him to the coast guard, who said that was the same boy who cut the rope. Prisoner said he did not cut the rope. He then sent for the policeman and gave him in charge. The value of the rope cut off was about two shillings. Prisoner was not in his employ, and had no business on board of his boat. He had lost £30 or £40 worth of gear lately, and only the other day he lost a cable worth £7. The rope produced by P.C. Swain was the piece cut off his rope.
James Sacrey, a seafaring man, living in East Street, said he knew the prisoner. Saw him at ten to seven when he (Prisoner) was leaning over the boat side opposite prosecutor`s house coiling a piece of rope into a small compass to put into a basket. Mr. Summers was with witness. He said “What are you doing with that rope?”, and the boy made no reply, but took up his basket and ran away. The rope lay on the keelson already cut. The rope produced was compared by him and he found it to match.
William Summers, a coarstguardsman, said he saw the boy at half past six on board Mr. Hall`s boat, then lying on the beach opposite Mr. Hall`s house. Knowing that he was not a fisherman, witness took notice of him. Soon after he saw Mr. Hall`s father go to the prisoner, who then left the boat. About twenty minutes to seven he again saw the prisoner on the beach close under the tramway, leaning over a small punt, which was about twenty yards from Mr. Hall`s boat. Sacrey, who was near him, said “What are you doing with that rope?”. Witness understood prisoner to say “Going to let it be”, after which he ran away. Mr. Hall shortly after came to him with the prisoner and asked if that was the lad that had the rope and witness said “Yes”. Prisoner said he did not cut the rope. When he saw the rope at first he could not say whether it was cut or not. The two cut ends were not more than two inches apart. Did not lose sight of the rope from that time until Mr. Hall took it.
P.C. Swain was on duty at the police office at half past seven that morning, and from information received he went to the prosecutor`s house in Back Street. Found prisoner there, and Mr. Hall gave him into custody for cutting his rope and intending to steal it. In answer to witness, Mr. Hall said it had been cut from one of his boats, and he knew it was his property. He received both pieces of rope from Mr. Hall, and on their being matched by him he found them to correspond. On charging the prisoner, he said he did not cut the rope, but admitted that he was on board Mr. Hall`s boat that morning. Asked him why he went on board, and he said to get a piece of string to lace up his shoes. On searching the prisoner he found a clasp knife. There was tar on the blade.
Prisoner said he went on board the boat at half past six to get a piece of twine to lace up his shoes, and Mr. Hall`s father told him to go away, which he did, and going there afterward he saw a piece of rope hanging over the ship, and he coiled it up and let it lie there. He denied cutting the rope.
The mother of the boy said if the public houses were kept shut against such boys, they would not get into mischief. It was a nasty trick of Mr. Hall`s in bringing the boy there.
Mr. Boarer said that after consideration they must find the prisoner guilty. They were always very reluctant to send so young a boy to prison, but they must now do so, as property had been frequently taken from the harbour, and he hoped this case would be a warning to other persons. Under the law the prisoner was liable to a term of three months` imprisonment with hard labour, but the sentence upon the prisoner would be one month`s imprisonment with hard labour, and he hoped that after the expiration of that time prisoner would seek to regain a good character.
Folkestone Express 5-6-1869
Monday, May 31st: Before J. Gambrill and R.W. Boarer Esqs.
George Betts, 16, was charged with having stolen on the 31st ult., a piece of rope, value 2s., the property of Daniel Hall. Prisoner pleaded Not Guilty.
Daniel Hall said: I live at the North Foreland Inn, and am the owner of three fishing boats. A little after seven o`clock this morning I went on board one of them that was lying opposite my house, and found the coil of rope by which it was fastened to the shore cut, and the piece was lying in a punt alongside. The piece cut off was about five fathoms in length. I saw the prisoner close to the Royal George, and I said “You are the lad I want”. He made no answer. I took him to a coastguardsman named Summers and said “Is this the lad you saw with a piece of rope?”. He said “Yes”. The prisoner then said he did not cut the rope. I afterwards gave him into the custody of P.C. Swain. The prisoner is not in my employ, and had no business on board the boat. The rope produced is my property.
James Sacree was sworn, and deposed that he saw the prisoner at about ten minutes past seven o`clock by the side of a punt on the beach, coiling a rope to put in a basket. He said to him “What are you doing with that rope?”. Prisoner made no answer, but took up hi sballast and ran away. Witness, seeing a piece of rope hanging over a boat`s side, compared the pieces cut off with it, and saw they matched.
Matthew Summers confirmed the evidence of the last witness.
P.C. Swain said: I went to Mr. Hall`s house and took the prisoner into custody for cutting the rope. The prisoner said “I did not do it”; I said “Do what?”; he said “Cut the rope”. I then cautioned the prisoner, and he said “I know I was on board the boat this morning to get a piece of string to lace up my shoes”. I searched him and found the clasp knife, which I now produce. There is tar on the blade.
The prisoner was then charged by the Bench, and pleaded Guilty.
The Chairman said he had great reluctance in convicting so young a lad as the prisoner, but as things had been so often missed from the harbour they must punish him as a warning to other persons. He could sentence him to three months` imprisonment, but the sentence in this case would be one month`s imprisonment with hard labour.
Southeastern Gazette 11-4-1870
Special Petty Sessions
A special session was held on Wednesday for
transferring and granting alehouse licences.
Thomas
Bailey applied for the transfer of the licence of the North Foreland Inn from
Daniel Hall to himself; application granted
Note: Transfer at North Foreland is at
variance with More Bastions.
Folkestone Observer 7-4-1870
Wednesday, April 6th: Before The Mayor, R.W. Boarer, J. Tolputt, and A.M. Leith Esqs.
This was a special session for transferring and granting alehouse licenses.
Thomas Bailey applied for the transfer of the license of the North Foreland Inn from Daniel Hall to himself. Application granted.
Note: This date differs from information in More Bastions.
Folkestone Chronicle 9-4-1870
Wednesday April 6th: Before the Mayor, R.W. Boarer, J. Tolputt and A.M. Leith Esqs.
The license of the North Foreland was transferred from Daniel Hall to Thomas Bailey
Note: This date differs from info in More Bastions
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