Prisoner was then committed for trial at the ensuing Quarter Sessions.
Folkestone Observer 6-2-1869
Wednesday, February 3rd: Before Alderman Gambrill and R.W. Boarer.
Timothy Danaher, a private in the 3rd Buffs, was charged with housebreaking.
Harriett Ballard said: I live at 25, Cheriton Place. On Tuesday morning about three o`clock I heard a noise at the lower part of the house. I rang the bell violently and the noise ceased. On going down in the morning I found the glass window of the back door smashed. The key was not left in the door. Found the window in the housekeeper`s room broken, and missed from that room a round glass dial and an inkstand, which were left on the mantelpiece. I saw the house locked up and went to bed about 11 o`clock on the night previous. There was some ink spilt on the steps, and I saw some blood a little distance from the house, near Miss Sankey`s. It was the area door in front of the house.
P.C. Smith said: My attention was called to the robbery on Saturday, the 30th January. Went to the house of the prosecutor and found the windows broken, and the ink and blood spilt, as described by the last witness. From further information I received I went to Hythe, where I found the prisoner in a private house in Durham Road. Heard that the prisoner had been offering the inkstand and timepiece to a man named Parks. I charged him with stealing the property, and also with having it unlawfully in his possession. Prisoner said he knew nothing about it, and that he had not had the property in his possession. I then locked the prisoner up in the police station at Hythe and made further enquiries about the missing property. On searching the prisoner at Folkestone I found the gloves produced, which are smeared with ink. Asked him how the ink came on the gloves, and prisoner said it had been on them since Saturday night. His hands and coat were also smeared with ink. His hands were not cut.
Henry Stay said: I live at the Prince Albert, Rendezvous Street. On Tuesday morning, about half past 12, prisoner came to the bar and begged me to draw him a pint of beer. He said he had been absent from the camp two days. I at first refused, but on him promising to go to the camp immediately, I drew him a glass of beer, which he drank and left the house. Prisoner did not then have the mark on his nose which he now has.
On the application of Supt. Martin the prisoner was remanded until Friday for the production of a witness who had refused to come.
Friday, February 5th: Before Alderman Gambrill and R.W. Boarer Esq.
Timothy Danaher, on remand, was charged with housebreaking.
Harriett Ballard repeated her evidence given on Wednesday, and in addition to that she said her mother and herself lived in the house alone at present. The inkstand was left on the table in the housekeeper`s room. There was some mud on the inside of the blind of that room. The blind from the area door was also gone; it was a knitted blind. The value of the property was 7s. 6d. The articles were the property of her mother.
John Brook deposed: I live at Hythe. Saw the prisoner on Tuesday morning last about half past seven o`clock, between the Bell Inn and the Canongate, Hythe. He asked me if I would buy a clock. Did not see the clock. I told him I did not want it. Prisoner showed me an inkstand, which he took from his pocket. He asked if I would give him a pint of beer for it, and I told him I did not want it. The inkstand appeared to be lead or prewter. Prisoner had also a window blind in his hand. I was in my cart at the time, so that I did not examine the articles.
By the prisoner: Could not exactly see the inkstand. It was about six inches in diameter. You did have a piece of sticking plaster or dirt on your nose when I saw you.
George Hall, a shoemaker living at Hythe, deposed: I saw the prisoner on Tuesday morning last about half past ten. He was going round Theatre Street. I passed by him, but seeing his trousers covered in mud I called him, and said “Hello. What is the matter?”. He said he had only lost his belt. I took him into the Blacksmith`s Arms and gave him a pint of beer, thinking that he might get himself clean. Prisoner asked me if I knew where a person named O`Grady lived. I then went into the house and waited about an hour. I afterwards went up the lane leading to the church in company with the prisoner, when he asked me if I could push anything. I asked him what he meant, and he said “Are you a detective?”. I said I was not, and he then said “Give me your hand as a friend”. I gave him my hand. I asked him what he had done, and he said he had broken into a house at Folkestone, and broken two windows and stolen a clock. I told him to take it back, thinking it was only a drunken lark. He said he would go back to O`Grady`s and get the clock. There was a hole in his right hand trousers pocket, through which I saw the brass, I suppose, of the clock. I did not see the clock, but prisoner told me it was a clock that he had got. Prisoner did not say anything about an inkstand. He left me to go to O`Grady`s for the inkstand.
By the prisoner: You told me you were in Folkestone until 12 o`clock, after which you came to Hythe and slept in a stable. I did not ask you whether you took the clock to Folkestone. You were not bleeding from the nose, but you had a piece of sticking plaster on it.
Sergeant Samuel Scragg, of the 3rd Buffs, stationed at Shorncliffe Camp, said the prisoner was reported absent on Sunday and Monday at roll call. The roll was called at half past eight.
P.C. Smith repeated his former evidence, adding that when he asked the prisoner if he had been to Folkestone on the night in question, prisoner said he had been lodging in a stable at Hythe.
Prisoner, in answer to the charge, having previously received the usual caution, said that if he had broken into the house, and broken glass as described, he could not have done so without having cut himself. If he had stolen the articles he would have told the man Hall about it. There was no-one saw him break into the house, nor were the things seen in his possession. He would like to call the landlord and the woman, who, he said, would prove that his nose was not cut when he was there.
The Bench said they thought the evidence the prisoner wished to bring insufficient to cause the adjournment of the court. The prisoner was therefore committed for trial at the next Borough Quarter Sessions.
Folkestone Express 6-2-1869
Wednesday, February 3rd: Before J. Gambrill and R.W. Boarer Esqs.
Timothy Danaher, a private in the 3rd Buffs at Shorncliffe, was brought up charged with committing a burglary.
Miss Annie Ballard, of 25, Cheriton Place, sworn, said: I heard a crashing noise about three o`clock on Tuesday morning and rang the bell violently; after that it became quite quiet. When I came down in the morning I saw that the glass was broken in the glass door, and I suppose that they key not being left in the lock, the thieves could not get in that way. I then saw the window was broken in the door leading to the housekeeper`s room, and in going through there the ringing of the bell must have frightened them. I missed a round brass dial and an inkstand from the mantelpiece in the housekeeper`s room. The house was properly locked up when we retired to rest about eleven o`clock. I saw some ink spilled and some drops of blood on the pavement and on the blind. I did not miss anything else. The door was at the front of the house.
The prisoner, when asked if he had any questions to ask, said he knew nothing about the affair.
P.C. Smith said: Yesterday morning between ten and eleven my attention was drawn to 25, Cheriton Place. Miss Ballard told me she had missed a time-piece and inkstand. I examined the window and saw it was broken, and blood and ink splashes in several places. From information I received I went to Hythe in search of the prisoner. A man named John Brooks told me the prisoner had offered him a time-piece and inkstand for sale the same morning. I then went to Durham Street, and found the prisoner in a private house, and I charged him with breaking into a house that morning, and having the stolen property in his possession. He said that he knew nothing about it and had not had the things at all. I then took him to the Hythe police station. I made several enquiries for the property, but could not hear anything further. I then brought the prisoner to the police station at Folkestone and searched him, and I found a pair of gloves all smeared with ink, and one of the pockets of his trousers and his hands were all smeared with ink. His hands were not cut.
By the prisoner: I was told at a public house I went to with you that in going out of the door you fell and cut your nose.
Mr. H. Stay, of the Prince Albert, Rendezvous Street, said: On Tuesday morning, between twelve and one o`clock, the prisoner came into my house and begged me to draw him a pint of beer, which I denied. He said to me then that he had been absent for two days, and I then said I was in the service for some years and I would give him a glass of beer if he would go home. He had no bruise on his nose then.
The prisoner said he was drunk when he went to the house of the last witness.
Upon the application of Mr. Martin the case was remanded till Friday.
Friday, February 5th: Before J. Gambrill and R.W. Boarer Esqs.
Timothy Danaher was brought up on remand.
Miss Ballard was re-examined, but the only additional evidence adduced was that the mother was in the house at the time, and the property missing was hers. She valued the property lost at 7s. 6d. They had also missed a window blind.
John Brooks, of Hythe, said: I know the prisoner and saw him on Tuesday morning between seven and eight on the road. He asked me if I would buy a clock. I told him I did not want such a thing. He then pulled an inkstand out of his pocket. I told him I didn`t want it. He said I could have it if I gave him a pot of beer. It looked like a pewter one, gilded. He had something like a window blind in his hand.
George Hall, shoemaker, said: I live at Hythe. I know the prisoner by sight, and saw him on Tuesday about half past ten in Theatre Street. I said “Hallo, what`s up with you?”, as I saw he was all over mud and his nose cut about. He said he had lost his belt. I took compassion on him and took him into a public house and gave him a pint of beer. Asked him if he knew a person of the name of O`Grady here, and he said “Yes”, and I told him he would clean his tunic for him. He went and came back and we had a pot of beer, Afterwards I went along a lane at Hythe with him, and he asked me if I could “push” anything. I did not understand him, and he repeated the question. He then said “Are you a detective?”. I said “No”. He said “Give me your hand as a friend”. I gave him my hand and I asked him what he had got. He said he had a small clock for sale, and he had broken into a house at Folkestone and broke two windows. I advised him to take it back again. He said he would go back to Mrs. O`Grady`s and get the article. While he went back the policeman came and took him. He was going to take it back. He said he had lost his belt. I said “No, my good man. The belt is in your pocket.”, and he said that was a clock. He did not take it out of his pocket.
The prisoner made a statement.
The Bench: We don`t think there is anything in the case to prevent it`s being sent for trial. We therefore commit you for trial at the Quarter Sessions.
Southeastern Gazette 8-2-1869
Local News
Timothy Danaher, soldier, was charged on Wednesday,
before J. Gambrill and R.W. Boarer, Esqs., with breaking into 5, Cheriton Place,
and stealing a timepiece and inkstand therefrom.
Miss Ballard was called, and she deposed to hearing a
smashing of glass on Tuesday morning last. She rang the bell and it suddenly
ceased. On going downstairs when she got up, she found some glass broken in the
glass door and in the window leading to the housekeeper’s room. She missed a
timepiece and an inkstand off the mantelpiece. There were several stains of ink
and blood about. The house was properly locked up when she retired the previous
evening.
P.C. Smith said he arrested the prisoner at Hythe,
having heard that he had offered an inkstand and timepiece for sale. On searching
him at the Folkestone police station he found a pair of gloves stained with ink;
the inside of his pockets and his hands were also stained with ink.
Mr. H. Stay, of
the Prince Albert, said that the prisoner called at his house a little after
twelve o’clock on Monday night, and asked for a pint of beer. He said he
belonged to the 3rd regiment and had been absent two days. Witness gave him a
glass of beer, and told him to go home. He was drunk.
The case was remanded for further evidence till Friday.
The case was again brought up again on Friday, before
the same magistrates, and the prisoner was committed for trial.
Folkestone Chronicle 17-4-1869
Quarter Sessions
Wednesday, April 14th: Before J.J. Lonsdale Esq.
The Recorder delivered his charge to the Grand Jury. He remarked he was sorry so many gentlemen had been called away from their business, because there was one prisoner to be tried, but as the law at present stood it was necessary. There was but one case to be brought before them – one of housebreaking, and they would experience no difficulty in returning a true bill, according to the depositions, for the housebreaking and entering was actual, and not constructive, so there was no need for him to tell them waht was the law as to constructive housebreaking; in fact the crime was one of burglary, a very much more serious offence than mere housebreaking, having been committed between the ours of 9 p.m. and 6 a.m., which was punishable with penal servitude for life. He could not tell what was the reason the magistrates did not commit the prisoner to the Assizes, but whenever the greater offence included the less he considered it contrary to the intention of the legislature to commit for the smaller offence, more especially as it was in the province of a jury, where they could not find guilty of the greater offence, even if there were only one indictment, they could find a prisoner guilty of a less crime. The reason the magistrates committed prisoner for the less offence might have been to save expense and trouble, but if that had been the reason they might even have gone further and argued, that as it was only a 7s. 6d. case, they might, on the prisoner pleading guilty, convict him summarily. He need not say that in either case the magistrates would be committing an unjust act. He was not blaming the magistrates, because he did not know their motive. Some magistrates again felt a pleasure in exercising their jurisdiction, as in cases of serious assault, and dealt tenderly with a prisoner, so that his family might not have to go to a workhouse. All this was not right, and he (the Recorder) was satisfied that magistrates had no business to commit for a smaller offence than could be proved to have taken place. If this case had not been sent there for trial, they would have held a maiden session, and they might perhaps think he wanted to have the white gloves, but he considered that no chairman of the bench of magistrates should take the gloves, if during the quarter any cases had occurred in the borough which might have been sent for trial in the discretion of the bench.
The Grand Jury were then dismissed to their duties, and in the course of about three quarters of an hour returned with a true bill against Timothy Danoher, a private in the 3rd Buffs, stationed at Shorncliffe, for feloniously breaking and entering the premises of Harriett Ballard, the elder, in Cheriton Place, Folkestone, and stealing therein a round brass clock, a glass inkstand, and a knitted blind, value 7s.6d., on the 2nd of February last. A second count charged him with feloniously stealing the same articles.
Prisoner pleaded guilty, saying he was bad enough without telling a lie.
He also pleaded guilty to having been convicted at that court on the 9th day of April, 1867, of felony, having previously been convicted of housebreaking.
Being asked what he had to say in extenuation, prisoner said he was drunk, and did not know how he committed the offence. In the morning he kept close, with the intention of replacing the stolen property.
The learned Recorder said that would have done, had it been his first appearance as a prisoner, but he had been convicted before himself twice before, and received nine months and three months hard labour. But that was not all. When they came to his military offences they found he was guilty of habitual drunkenness – the cause, doubtless, of many of his crimes, but no extenuation – of desertion, of being absent without leave, and making away with his regimental necessaries, provided at the National expense, to procure the means of obtaining drink, of using insubordinate language in the orderly room, drunk and riotous, drawing a knife on a comrade, and committing every possible military offence, having been on the regimental defaulters` book more than fifty times. Did he think it possible there could be a worse character short of actual murder? Prisoner had had every chance, but now it was his (the Recorder`s) duty to inflict a severe punishment, for prisoner was a dangerous person, and, had he been disturbed on this occasion, and had there been a knife in his way, doubtless he would have used violence. It was necessary that the public should be protected, and the punishment imposed on the prisoner would be five years` penal servitude.
On the application of Mr. Minter, who appeared to prosecute, the property stolen was ordered to be given up to Mrs. Ballard.
This terminated the business of the court.
Folkestone Express 17-4-1869
Quarter Sessions
Wednesday, April 14th: Before J.J. Lonsdale Esq.
Timothy Danaher, 30, private of the 3rd Buffs, was arraigned for burglary. He pleaded Guilty. It will be remembered the prisoner was brought up in February before the magistrates for breaking into a house at 25, Cheriton Place, in the occupation of Mrs. Harriett Ballard, and stealing therefrom a brass dial, inkstand, and a knitted blind. He had been seen in Folkestone the same night as the offence was committed at the Prince Albert Inn. He was found the day afterwards at Hythe, where he had offered some of the property for sale.
The prisoner asked to say a few words to the court. He said a witness appeared against him that proved he was drunk. If he had been sober, he should not have committed the offence, and to prove that, he, the next morning, was sorry for what he had done, and was going to bring the things back. He met a man and asked him to put him out of sight of the provost. He took him into a loft, where he stopped half an hour. He said he would not tell any person, but he told a policeman who came and took him into custody.
The Recorder said: This would be all very well if it had been a first offence, but you have been tried before me twice, and you have been sentenced to nine months` imprisonment in this court on the 9th July, 1867, for felony. You were sentenced for three months` hard labour for stealing a bundle of clothes. This is your offences, as far as civilians are concerned. Then you have been convicted in military courts. On the 27th February, 1861, you were found guilty of habitual drunkenness, and deprived of a portion of your pay for 168 days, and imprisoned for 42 days. On the 11th Dec., 1862, for being absent without leave you were sentenced to 42 days` imprisonment. On the 17th Dec., 1864, for using insubordinate language, you were sentenced to 28 days` imprisonment. On the 3rd of July, 1865, for being absent without leave you were sentenced to 42 days. On the 28th Sept., 1865, you deserted, and were sentenced to 112 days` imprisonment. On the 18th June, 1866, you were absent without leave, and for drawing a knife on Private Bowman, of the 2nd Dragoon Guards, you were sentenced to 168 days. In addition to this you appear 42 times in the Regimental defaulters book for getting drunk &c. Does any worse character exist? You have had every chance to do better, and you must be shown that people are not to have their night`s rest disturbed by houses being broken into. And then again you have been convicted for drawing a knife on a fellow soldier, and although you have not been up for so great a crime as murder, yet in this case, if you had been interfered with, and a knife had been within reach, no doubt you would not have hesitated to use it. Such a character ought to be sent out of the country, but it is only in my power to sentence you to penal servitude. The sentence is that you be kept in penal servitude for five years.
Mr. Minter said he had an application to make on behalf of the prosecutor, that the things stolen be returned.
The Recorder: Certainly.
This finished the business of the sessions.
Southeastern Gazette 19-4-1869
Quarter Sessions
The spring session was held on Wednesday last, in the
Town-hall, before the Recorder, J. J. Lonsdale, Esq.
Timothy Danoher, a private in the 3rd Buffs, was
charged with breaking into the house of Harriet Ballard, No. 25, Cheriton Place,
and stealing therefrom a round brass clock, an inkstand, and a knitted blind,
on Feb. 2nd.
The prisoner pleaded guilty, and admitted a previous
conviction, on the 9th of April, 1867, for felony.
The Recorder said he had been twice convicted by him,
and he would also read a number of sentences passed upon him by the military
authorities. On Feb. 27th, 1861, 42 days’ imprisonment for habitual
drunkenness; Dec. 10th, 1862, 42 days’ for being absent without leave; Dec.
17th, 1864, 28 days’ for using insubordinate language; July 3rd, 1865, absent
without leave, 42 days’ imprisonment; Sept. 8th, 1865, for desertion, 112 days’
imprisonment; June 18th, 1866, for being absent without leave and threatening
Private Bowman of the 2nd Dragoon Guards with a knife, 168 days’ imprisonment.
He also appeared 42 times in the defaulter’s book. He thought that a worse
character could not exist, and he must severely punish him. He therefore
sentenced him to penal servitude for five years.
Folkestone Express 28-8-1869
Wednesday, August 25th: Before Captain Kennicott R.N., W. Bateman. J. Tolputt, A.M. Leith, and J. Gambrill Esqs.
Spirit Licenses (Renewal)
The renewal of the license at the Prince Albert, Rendezvous Street, was refused.
Southeastern Gazette 30-8-1869
Local News
Annual Licensing Day.—A full bench of magistrates attended on Wednesday to
grant renewals and hear fresh applications.
Several licenses were suspended owing to the
complaints of the public, and the renewal of the licences of the Bricklayers’
Arms, kept by Mr. William Peel; the Prince Albert kept by Henry Stay; and the
Royal Engineer, kept by George Dawkins, was refused altogether.
Folkestone Chronicle 25-9-1869
Coroner`s Inquest
An inquest was held yesterday afternoon at the Town Hall, before J. Minter Esq., and a respectable jury, on the body of Sergt. Alfred Hooper, of the Army Hospital Corps, who was found dead in bed at the Prince Albert Inn on Thursday morning.
Supt. Martin said: I went to the Prince Albert yesterday morning, and found deceased lying in bed in an upstairs room. He was on his back with his head on the pillow. There was no sign of a struggle.
Harriet Hobden said: I live in George Lane. I met deceased at Sandgate on Wednesday evening about half past ten. I did not know him. I had some brandy, and afterwards came with him to the Prince Albert to get a bed. We went upstairs directly, but deceased came down again for some soda water. I got into bed and went to sleep. I was intoxicated, and did not remember his getting into bed. I believe this was about half past eleven. I did not wake up till nine o`clock, and then I found him dead by my side. I got up and gave an alarm. Deceased appeared to be sober coming from Sandgate. He complained of his head being giddy.
Cross-examined by Mr. Martin: We did not have half a pint of brandy at the Prince Albert.
Sergeant Charles Godfrey, Army Hospital Corps, identified the body as that of Colour Sergt. Alfred Hooper, of the same corps, stationed at Netley.
Austin Jones Fergusson, assistant surgeon, Shorncliffe Camp, said: I have this day made a post mortem examination of the body of deceased, and ascertained to my own satisfaction the cause of death, which was disease of the heart, complicated with extensive disease of the kidneys of long standing. The whole of the internal organs were diseased. I believe he has been drinking for the last eight or ten days, and has not eaten anything for some time, as the stomach and intestines were empty.
A verdict in accordance with the evidence.
Folkestone Express 25-9-1869
Inquest
On Thursday morning information was received at the Police Station that a soldier had been found dead in bed at the Prince Albert Inn, Rendezvous Street. It appeared that a woman met the deceased the previous evening at Sandgate, and yielding to her persuasions he passed the night with her at the above house. The next morning, to the woman`s surprise, she found that the soldier was dead. Dr. Tyson was called in, but too late to render any assistance. From enquiries made, it appears that the name of the deceased was Alfred Hooper, and he was a Colour-Sergeant of the Army Hospital Corps.
The inquest was held at the Town Hall on Friday afternoon before the Coroner, J. Minter Esq., and a respectable jury. After proceeding to view the body, the following witnesses were examined;
Superintendent Martin said yesterday morning from information received he proceeded to the Prince Albert Inn and found deceased in bed upstairs, undressed. He was quite dead. His clothes were folded up on a chair. In his trousers pocket was 6s. 3d. and a tobacco pouch. A medal was on his tunic, and he had a ring on his finger. There was no sign of any struggle having taken place.
Ellen Hobden, a single woman, living with her mother in Goerge Lane, Folkestone, said she was an unfortunate. She met the deceased at Sandgate on Wednesday evening. Had never seen him before. She had a glass of brandy at Sandgate, but the deceased had nothing. Left Sandgate in his company and went to the Prince Albert, at her suggestion, to sleep together. They went upstairs directly.He went down to fetch some soda water; this was about half past eleven. Did not speak to him after that; she was intoxicated. Witness woke at 9 o`clock next morning and found deceased dead by her side. She at once gave an alarm to Charles Clements, who she saw on the landing. Deceased appeared sober; he did not drink in her company. He complained of giddiness while walking from Sandgate.
Sergeant Charles Cooper, A.H.C., identified the body. Deceased was about thirty years of age. The last time he saw him was at Netley Hospital. (A soldiers` ticket from London to Folkestone, dated September 22, was produced. It was found on the body.) Did not know what brought him to Folkestone.
Austin Jones Fergusson, assistant surgeon in the army, having made a post-mortem examination of the deceased, had no doubt that death was caused by disease of the heart of long standing. Believed he had been drinking very much lately.
Charles Clements, an itinerant musician, lodging at the Prince Albert, was examined and deposed to being called into the room by the female.
The jury returned a verdict in accordance with the medical testimony.
Southeastern Gazette 27-9-1869
Local News
On Thursday morning, Colour-Sergeant Alfred Hooper, of
the Army Hospital Corps, stationed at Shorncliffe Camp, died suddenly at the Prince
Albert Inn, Rendezvous Street. He met with a woman named Franks, at Sandgate,
and was persuaded to accompany her to the above house, where they passed the
night. In the morning she was horrified at discovering that her paramour was
dead. A medical man was sent for, but the deceased had been dead for some time.
The deceased is reported to have a wife and three children living at Southampton.
Folkestone Chronicle 27-11-1869
Wednesday, November 23rd: Before W. Bateman, J. Tolputt, R.W. Boarer, and C.H. Dashwood Esqs.
This was a special sessions for the transfer of licenses.
George Bates, gardener, of Lydd, applied for a renewal of the license to the Prince Albert, kept by Henry Stay, whose license was refused at the last meeting.
This application was also refused, and Mr. Martin afterwards stated that it was only an attempt to blind the Bench. This applicant was the father of Mr. Stay, and it was intended for Stay still to keep the house.
Folkestone Express 27-11-1869
Wednesday, November 24th: Before W. Bateman, R.W. Boarer, J. Tolputt and C. Dashwood Esqs.
Applications for license
The Prince Albert: George Bates applied for a license for this house. Mr. Minter read a petition and memorial in favour of the application.
The Chairman stated they were advised they had no power to grant the application in the case without notices.
Mr. Minter said he was of the same opinion, but as the Magistrates` Clerk had prepared the applicant`s petition and memorial, he (Mr. Minter), supposed there must be some power to grant a license, of which he was not acquainted, otherwise it was perfectly useless to prepare the petition and memorial.
Mr. Bradley: It is one thing to prepare the petition and memorial; it is another to prepare the notices.
No comments:
Post a Comment