Honest Lawyer 1915 - 1919

Folkestone Express 3-7-1915

 

Wednesday, June 30^th: Before E.T. Ward Esq., Alderman Spurgen, Lieut. Col. Fynmore, Alderman Jenner. Col. Owen, J.J. Giles, and H. Kirke Esqs.

The Magistrates transferred the licence of the Honest Lawyer, Bellevue Street, from the late Mr. Hubbard to his widow.

Folkestone Herald 3-7-1915

Wednesday, June 30^th: Before Mr. E.T. Ward, Alderman G. Spurgen, Lieut. Col. R.J. Fynmore, Mr. R.J. Linton, Mr. G.I. Swoffer, Alderman C. Jenner, Mr. J.J. Giles, and Mr. H.C. Kirke.

An application was made for the transfer of the licence of the Honest Lawyer, Bellevue Street, from the late Mr. Hubbard to his widow, Mrs. Hubbard. The request was granted.

Folkestone Express 13-5-1916

Local News

On Monday evening a serious stabbing affray took place in Tontine Street, as a result of which Private George McKenzie, a Canadian soldier, had his life gravely endangered by a nasty wound in the throat. He was conveyed to the Shorncliffe Hospital, where he is now an inmate. He was too ill to be present at the Police Court on Wednesday morning, when Pte. Christopher Clarke, another Canadian soldier, was charged with unlawfully and maliciously wounding him by stabbing him with a knife. The Magistrates on the Bench were G.I. Swoffer, R.J. Linton, G. Boyd, E.T. Morrison and A. Stace Esqs., and the Rev. Epworth Thompson.

George Ellison, a private in the 50^th Canadian Infantry, said on Monday evening he was in the Honest Lawyer beerhouse at 7.40, in company with Pte. McKenzie, ot the 8^th Battalion, and the prisoner. At eight o`clock the house closed, and the three of them left together. They remained outside talking for about five minutes in a friendly manner. He left them for about three minutes, and on returning the other two had started fighting with their fists. They continued to fight for about ten minutes. McKenzie was on top of prisoner, who was on the ground. He tried to separate them, and when he got hold of McKenzie to get him off the prisoner, he found his hands were covered with blood. He pulled McKenzie up, and then saw Clarke had an open knife in his hand. As soon as he got McKenzie up prisoner got up and ran away. Witness, followed by McKenzie, followed after Clarke, and caught him 80 or 90 yards away in Tontine Street. He caught hold of the prisoner, who had the knife in his right hand. Clarke struck at him with the knife, so he knocked him over to try and get the knife from him.. Prisoner struggled hard, and he struck McKenzie in the side with the knife. McKenzie had fallen down, and he was on the ground when he was struck. McKenzie was at that time bleeding from the neck. Prisoner got up and attacked McKenzie with the knife. Clarke was on top of him and witness tried to pull him away. Prisoner kicked him on the side, and he was knocked down. Clarke jumped up and got on a passing bus. McKenzie was still lying on the ground, and had to be carried to the guard room in Rendezvous Street. Later the injured man was taken by motor ambulance to Moore Barracks Hospital, Shorncliffe. The two men seemed to be sober enough. Previous to going to the Honest Lawyer he had not been in the company of the two men.

Cross-examined by the prisoner, witness had not asked him (prisoner) to go into the Honest Lawyer and have a drink with him. He did not know where Clarke got the knife. He did not get it out of witness`s hand, for he never had a knife at all.

In reply to the Clerk, witness said he had seen the prisoner once previous to that night, but did not know him to speak to. He had not known McKenzie before that night.

The Chief Constable (Mr. Reeve) said the injured man was in hospital and unable to attend the Court.

The Bench remanded the prisoner until next Thursday.

Folkestone Herald 13-5-1916

Wednesday, May 10^th: Before Mr. G.I. Swoffer and other Magistrates.

Christopher Clarke, a Private in the Canadian expeditionary Force, was charged with stabbing Private George MacKenzie, another Canadian. Prisoner appeared in the dock with some plaster strapping on his left cheek. MacKenzie was not present.

Private George Eiilison, of the 50^th Canadian Infantry Battalion, stationed at Shorncliffe, stated that on Monday evening last he was in the Honest Lawyer beerhouse, in Bellevue Street, in company with Private MacKenzie and the prisoner. They all had drinks. Witness had two small glasses of beer. At eight o`clock the house closed, and they all left together. Witness left the other two, who were then talking in a friendly way, for a few minutes. Just as he returned Mackenzie and Clarke started fighting with their fists. They went on fighting for about ten minutes. MacKenzie was on the top of prisoner, who was beneath him on the ground. Witness tried to separate them, and when he got hold of MacKenzie he found his hands were covered with blood. He pulled MacKenzie off the other man, and then he saw that the accused had an open knife in his hand. Prisoner ran away, but witness pursued him, MacKenzie following. Witness overtook the accused in Tontine Street, and saw that he had the knife, still open, in his right hand. Accused attempted to strike him with the knife, but witness knocked him down, and tried to get the knife from him. Some women standing there shouted “Murder!” MacKenzie had fallen down, and accused struck him whilest he was on the ground. Mackenzie was bleeding from the legs. Prisoner got on top of MacKenzie, and again struck at him, also kicking witness in the side. Accused then jumped on a public bus and got away. Witness could not follow him; he “had had enough”. Mackenzie was still lying on the ground. Witness and other soldiers carried him to the guard room in Rendezvous Street, and he was later taken on a motor ambulance to the Moore Barracks Hospital. Witness was sober, and the other two seemed quite sober. MacKenzie and the prisoner were in the Honest Lawyer when he entered the house at 7 p.m. He had not been in their company previously.

In reply to prisoner, witness said he had not asked accused to go into the house and have a drink with him. Prisoner had the knife in his hand. Witness did not know where he got it from. Accused did not get it out of witness`s hands. Witness never had a knife at all.

In reply to the Magistrates` Clerk, witness said he had seen the prisoner once or twice before Monday night, but had not known him to speak to. Clarke was in the same battalion. He had not known MacKenzie till he met him that night. Witness had no knife in his possession; he never carried one.

The Chief Constable stated that the injured man was still in hospital, and quite unable to attend Court. Mr. Reeve asked for a remand for eight days.

Accused was accordingly remanded till next Thursday.

Folkestone Express 20-5-1916

Local News

Thursday, May 18^th: Before Messrs. G.I. Swoffer, G. Boyd, E.T. Morrison, A. Stace, and the Rev. Epworth Thompson.

Christopher Clarke, a private in the Canadian Expeditionary Force, was brought up on remand charged with unlawfully and maliciously wounding Private McKenzie, by stabbing him on Monday evening, May 8^th. The prisoner was before the Magistrates on Wednesday in last week, when he was remanded because Private McKenzie was then unable to attend.

George Young McKenzie, a private attached to the Director of Supply and Transport, C.E.F., said on Monday, May 8^th, he went into the Honest Lawyer beerhouse alone about half past seven. When he went into the bar he called for a drink, and entered into conversation with some civilians in the bar. After he had been in the house for a time he saw the prisoner in the next bar. He had seen Clarke once before, but had not spoken to him. He remained in the house until closing time, eight o`clock. During the time he was in the house he only had two pints of beer. He left the house by the door of the centre bar. Up to that time he had not spoken to the prisoner. Private Ellison entered the centre bar about a quarter or ten minutes to eight. He was a stranger to him, but he and witness had some conversation together. Ellison left the bar with him, and they stood together at the corner on the opposite side of the street for ten or fifteen minutes. Just as Ellison and he were going to part he saw the prisoner, who stood alone in the middle of the street. Prisoner took his tunic off and threw it on the ground and then challenged them to fight. He said “I want to fight; if any of you are men at all, come out and fight”. Witness said he did not want to fight, as he had all the fighting taken out of him in France. Ellison went away, and witness asked the prisoner if he wanted to fight, and he told him if he went over to France he would get all he wanted. In the meantime prisoner had walked to the sidewalk, and as he (witness) was lighting a cigarette, Clarke struck him under the chin with his fist, knocking him down. He got up and knocked the prisoner down. He got up and they came to clinches, and both went down to the ground together, he (witness) being on top. Immediately they were down he felt something sharp on the right side of his neck. He kept on struggling and he was doing the best he could with his fists, until shortly after he felt something sharp hit him on the right ribs. Prisoner was still underneath him. He called out that the prisoner was using a knife, although he did not see a knife. Ellison pulled him off the top of the prisoner, who got up at once and ran down the street. Ellison and he ran after him, and caught up the prisoner in Tontine Street, right opposite the Church. Witness hit the prisoner with his fist, knocking him down, and he also fell. That was all he remembered until he woke up in the Moore Barracks Hospital, where he had remained under treatment. He had a wound in the neck, two in the ribs on the right side, two in the right arm, and one in his left hand, all of which were occasioned in the struggle with prisoner. Clarke did not appear to him to be drunk at all.

Prisoner, when asked if he had any questions to ask, said he could not ask any questions because he did not know what happened.

Captain McMurrick, C.A.M.C., said he received Pte. McKenzie at the Moore Barracks Hospital about 10.30 p.m. on Monday, May 8^th. He was fairly sensible, but was in a weak condition owing to the loss of blood. He discovered one large wound on the right side of the neck, extending for a distance of about two inches, and nearly severing the muscle from the ear to the collar-bone. There was also a wound at the back of the right ear, cutting a “V” shape through the lobe of the ear. There were two small puncture wounds on the right arm, one on the left arm, and two on the right side near the ribs. He removed the first aid dressing which had been applied, and put on medicinal gauze and bandage. The patient then went to sleep. McKenzie had remained in hospital under treatment ever since. The wound in the neck below the ear was decidedly dangerous. It was of a serrated character. The others were minor wounds. It would be possible to occasion the wounds by the knife (produced) on the blade of which there were stains. He could not say whether they were bloodstains or not. If a clot of blood had not formed in the serrated wound, McKenzie would have lost his life. McKenzie was now practically out of danger.

P.S. Prebble said about 9.40 p.m. on May 8^th, in answer to a telephone message, he went to the Canadian Guard Room, where he saw Pte. McKenzie lying on a bed, bleeding from a wound on the right part of the neck. First aid was being rendered. Later he was removed on a motor ambulance to Moore Barracks. At 3.30 on the 9^th he went to the Camp where he saw the prisoner detained in the 9^th Battalion`s guard room. He told him he was making inquiries about a soldier who had been stabbed in Folkestone the previous evening. He cautioned him and told him he should charge him with unlawfully and maliciously stabbing Pte. McKenzie the previous night, and prisoner replied “I do not know anything about it”. He searched Clarke and found the two knives (produced) upon him. One of them had stains upon the blade. He also found bloodstains on the tunic and trousers the prisoner was wearing at the time. He was wearing no cap at the time. He brought him to the Folkestone police station, where he formally charged him, but prisoner made no reply.

This completed the case for the prosecution, but as Pte. Ellison, who gave evidence last week, was not present his depositions could not be read over, therefore the prisoner was remanded until half past three in the afternoon for his attendance.

The prisoner was in the afternoon again placed in the dock, and then was committed for trial at the next Quarter Sessions.

Captain McMurrick said before leaving the Court he would like to say a few words in connection with the first aid work which had been performed on the man. If it had not been for the first aid rendered, the case would have been most serious. A very large artery had been severed in the neck, but the first aid was the means of stopping the haemorrhage. He doubted very much if it had not been for that whether McKenzie`s life would have been saved.

The Chief Constable (Mr. Reeve) said he was very pleased to hear what the doctor had said. The work was done by Special Constable W. Banks, who had done very good service in the past. Mr. Banks would be very glad to know that his services were so very much appreciated.

Folkestone Herald 20-5-1916

Thursday, May 18^th: Before Mr. G.I. Swoffer, Councillor G. Boyd, Mr. E.T. Morrison, Mr. A. Stace, and the Rev. H. Epworth Thompson.

Pte. Christopher Clarke, No. 22721, of the 9^th Reserve Battalion, C.E.F., was charged with unlawfully wounding Pte. George Young MacKenzie, of the 8^th Battalion, C.E.F.

Prosecutor now appeared with bandages round his head and throat, and also on his left hand. He has been to the Front twice, and returned home wounded on each occasion. His home is in Brandon, Manitoba.

Having been sworn, Pte. Mackenzie said he was attached to the staff of Director of Supplies and Transport, Sandgate. On the evening of May 8^th, about 7.30, he went into the Honest Lawyer beerhouse alone. He called for a drink, and entered into conversation with some civilians in the bar. He saw prisoner in the adjoining bar. He had seen Clarke only once before, and he had never spoken to him. He remained in the house till closing tim (8 o`clock), and had two pints of beer. He left by the middle door bar. Up to that time he had not spoken to prisoner. Pte. Ellison entered the central bar about 7.45. Ellison was also a stranger to him. They conversed together for a time, and when he left at 8 o`clock, Pte. Ellison accompanied him. When they got outside they stood talking on the opposite side of the street for about 10 or 15 minutes. Just as Ellison and he were going to part, he saw the prisoner, who stood in the middle of the street, alone, opposite to witness. Accused took his tunic off, threw it on the ground, and challenged witness and Ellison to fight. He said “I want to fight. If any of you are men at all, come out and fight”. Witness told him he did not want to fight; he had all the fighting taken out of him when in France. Ellison went away. Prosecutor then asked prisoner if he still wanted to fight, and Clarke replied “Yes”. Witness told him to go over to France, and he would get all; he wanted. As he (Pte. Mackenzie) was lighting a cigarette Clarke struck him right under the chin with his fist, knocking him down. Prosecutor got up and hit prisoner with his fist, and it came to clinches. They both fell to the ground together, witness being on top. When on the ground he felt something sharp on the right side of his neck, and thought prisoner had scratched him with his nails. He next felt something sharp hit him in the ribs on the right, and he called out to Ellison that prisoner was using a knife. He did not see a knife. Ellison pulled witness off the prisoner, who got up and ran down the street. Witness ran after him, and Ellison followed. He caught the prisoner up in Tontine Street right opposite a church. When he caught him he hit him with his fist, and prisoner fell, prosecutor falling also. That was all he remembered. The next he remembered was waking up in the Moore Barracks Hospital. He had remained there till now for treatment. He had two wounds in the ribs on the right side, two in the right arm, one in the neck, and one in the left hand. They were all received in the struggle with the prisoner.

Prisoner, when being asked if he wished to put any questions, said he did not remember what happened.

The Magistrates` Clerk: Was the prisoner drunk or not?

Prosecutor: He did not appear to be drunk.

Captain John McMurrick, of the C.A.M.C., said he received MacKenzie at the Moore Barrack Hosptal on May 8^th, at about 10.30 p.m. He found there was an enormous loss of blood, but prosecutor was sensible, and could answer questions. He was in a very wak condition from the loss of blood. They discovered one large wound on the right side of the neck, extending about two inches, and nearly severing the muscle, reaching from the ear to the collar bone. There was also a wound at the back of the right ear extending about 3 inches, cutting  “V” shape through the lobe of the right ear, and there were two punctured wounds on the right arm. There was also one on the left of the arm, and there were two on the right side of his body, near the ribs. The patient had remained in hospital under treatment ever since. The wound in the neck under the ear was decidedly dangerous, and most dangerous of all the wounds. The other wounds in the neck were minor wounds. It would be possible to produce these wounds by the knife produced (a pocket knife). There were some stains of a dark colour on the knife, but he could not say whether they were bloodstains. A clot of blood had formed in the region of the serrated wound. If that had not formed, witness doubted if MacKenzie would have “pulled through”. It practically saved his life. He was now, witness thought, practically out of danger.

Sergt. Prebble stated that at 9.40 p.m. on May 8^th, in answer to a message, he went to the Canadian guard room in Rendezvous Street. He there saw Pte. MacKenzie lying on a bed bleeding from a wound in the right side of the neck. First aid was being rendered to him. Later he was removed on a motor ambulance to the Moore Barracks Hospital, Shorncliffe. On the following day, about 3.30 p.m., he arrested prisoner, who was detained at the guard room of the 9^th Reserve Battalion. Witness cautioned him, and told him he would charge him with wounding Pte. G.Y. MacKenzie, of Grosvernor House, Sandgate, on May 8^th, at Folkestone. He replied “I don`t know anything about it”. Witness searched him, and found the two knives, produced, in his possession. One had bloodstains on the blade. There were bloodstains on the tunic and trousers which prisoner was wearing. Witness brought him to the Folkestone police station, where he formally charged accused, who made no reply.

Captain McMurrick said he would like to mention the good work done by those who rendered first aid. If the appliances had not been administered, MacKenzie would have died. Several large arteries in the neck were severed, and the administration given helped the clot to form and stopped the haemorrhage.

The Chief Constable (Mr. H. Reeve) said he was very pleased to hear what was said. It was Special constable Banks and Fireman Kingsmill who gave first aid. He was sure both of them would be pleased to hear what had been said.

Prisoner, who said he had nothing to say, was committed for trial at the next Borough Quarter Sessions.

Folkestone Express 8-7-1916

Quarter Sessions

 Monday, July 3^rd: Before J.C. Lewis Coward Esq.

Christopher Clarke, a private in the Canadian E.F., pleaded Guilty to maliciously wounding Private G.Y. McKenzie on May 8^th. Mr. W.A. Wardley (instructed by Mr. A.F. Kidson) appeared for the Crown, and Mr. Thesiger (instructed by Mr. Gardner, Canterbury) was for the defence.

Mr. Wardley outlined the facts, which were that the men had been in the Honest Lawyer public house, and after turning-out time they they subsequently came to blows owing to the prisoner striking prosecutor. They struggled together, and eventually McKenzie was found to be seriously stabbed in several places. The most serious element in the case was the evidence of the doctor, who told the Magistrates that had it not been for a clot of blood which formed in the most serious wound in the throat, McKenzie would certainly not have survived. It was stated that all the men who were present at the time were sober.

Mr. Thesiger said he quite admitted that it was an extremely serious case, and he hoped to be able to satisfy the Court that it was a very sad case, which was the outcome of the War. The prisoner was a married man with four children. He was born in St. Vincent, West Indies, and at the outbreak of the War was a cattle dealer in Canada. He immediately enlisted and he came to England with the first contingent, and early in 1915 he went to France. He was such a fine shot that he was put on sniping. At the battle of Festubert his unit was ordered to take some trenches, and they did so. The telephone wires were severed, so that they were cut off from communication, and the result was that they were heavily shelled. The prisoner was buried when the parapet of the trench was blown in, but his comrades succeeded in getting him out in time. They were out for 24 hours, and no food or water could be got to them. When he returned he was found to be slightly wounded and also suffering from shock. He had since been in several hospitals, including one in Tooting for mental cases. On February 16^th he was sent back to a battalion, but he was not able to do the duties, he voluntarily assisting in the Officers` Mess, and sometimes sitting outside a tent where infectious disease cases were kept, to warn people away. If he got the least drink, or even with the least excitement, he was affected.

The Recorder, in giving judgement, said that was a very serious crime. He believed the prisoner was sorry for what he had done. They thanked him for the battle he had fought for them, but they were sorry that he could have done what he had. He hoped he would shake hands with the man whom he had injured. He (the Recorder) felt that to some extent he was not responsible for his actions at the time, and therefore he proposed to bind him over to be of good behaviour for a period of twelve months.

Folkestone Herald 8-7-1916

Quarter Sessions

Monday, July 3^rd: Before J.C. Lewis Coward Esq.

Pte. Christopher Clarke, aged 30, of the 9^th Canadians, was indicted for wounding Pte. George Young MacKenzie, of the 8^th Batt., with intent to do grievous bodily harm, and on a second count for inflicting  certain brievous bodily harm with a knife. Prisoner pleaded Not Guilty on the first count, and Guilty on the second.

Mr. W.A. Wardley, who appeared for the Crown, said he would accept the plea on the second count, and the Recorder agreed.

Mr. Wardley briefly outlined the case. Prisoner and prosecutor met in a public house, and subsequently, outside, had a fight, during which MacKenzie was wounded. A serious point was that the doctor stated that if a clot of blood had not formed prosecutor would probably not have lived.

Mr. Thesiger, who appeared for prisoner, said the case was a very sad one indeed, and an outcome of the War. Accused was a married man with four children, living in Canada. At the outbreak of War he joined up, and he came to England with the first contingent. On arriving in France he was found to be a very fine sniper, and was selected for that duty. On the 24^th May, 1915, they were instructed to take some trenches, and in doing so they were cut off and shelled by their own and the enemy artillery. Prisoner was buried, but was dug out by his few comrades. After 24 hours without water or food, they were got out of the trenches. Prisoner was slightly wounded. He was taken to a hospital, where he stayed for a short while, and then sent back to the Front. He was found unfit for this, and sent eventually to England suffering from shell shock. He was admitted to a hospital for mental cases at the beginning of August, and he was there for 98 days. After being at two other hospitals, he was sent at the beginning of this year to the Moore Barracks. On the 16^th February he was thought to be all right, and sent back to the lines. But he did not stay there, and returned. He did only light work, and at the time of this affair he was awaiting his discharge. He had no control in his conversation with his comrades, and any little thing irritated him. He had been in Canterbury Hospital for eight weeks.

Dr. Zachariah Prentice, of H.M. Prison, Canterbury, bore out the latter part of counsel`s statement, and said he believed prisoner did not know what he was doing at times.

Lieut. Thos Kirkman, of the 6^th Reserve Batt., was called as to character. He said he had no papers concerning the man, and did not know anything about him.

The Recorder said this was the usual way the Canadians treated that Court. He directed the lieutenant to go and get the papers.

Upon returning in teh afternoon, Lieut. Kirkman said all his papers had gone to Canterbury. He had seen a book kept by the Coy. Sergt. Major, which specified three offences.

The Recorder:Have you got the book? – No, I did not think it was necessary.

Lieut. Kirkman said he remembered these three offences, They were only very minor ones, such as shaving upper lip, not shaving upper lip, etc. (Laughter)

The Recorder said what he had heard put a different complexion on the matter. The officers seemed to treat the Court with indifference with regard to the character of prisoners. He hoped prisoner would shake hands with Pte. MacKenzie. He had not been responsible for his actions, and he therefore would merely be bound over for twelve months to be of good behaviour.