Railway Bell, 1930s. Photo kindly supplied by Martin Easdown |
Railway Bell, 2010, Awaiting Demolition. Photo kindly supplied by Legends Of Folkestone Facebook Group |
Site of former Railway Bell, May 2012 |
Railway Bell 1999. Credit Martin Easdown |
Railway Bell 6-7-2009. Credit Paul Skelton (from http://www.dover-kent.com/Railway-Bell-Folkestone.html) |
Railway Bell, 19-10-1940. Photo from Folkestone Herald 11-2-1978 (from http://www.dover-kent.com/Railway-Bell-Folkestone.html) |
Railway Bell (old and new) 1961. Photo from Folkestone Herald 21-10-1961 (from http://www.dover-kent.com/Railway-Bell-Folkestone.html) |
Railway Bell (old and new) 1961. Photo from Folkestone Gazette 18-10-1961 (from http://www.dover-kent.com/Railway-Bell-Folkestone.html) |
Railway Bell, 2009. Credit Dave Anstiss (from http://www.dover-kent.com/Railway-Bell-Folkestone.html) |
Mr. Major 1874 1874
Kentish Gazette, Southeastern Gazette 7-4-1863
Advertisement: To be let, with immediate possession, the Railway Bell Inn, near the Upper Railway Station, Folkestone. The house is just completed and contains large bar and bar parlour, tap room, parlour, and club room, 6 bedrooms, commodious cellars and all the usual conveniences, besides a large walled garden. For particulars apply to G. Holledge Esq., White Post House, or Mr. J. Gardner, Architect, Folkestone.
Quarter Sessions: The Quarter Sessions for the Borough were held in the Town Hall on Thursday before J.J. Lonsdale Esq., Recorder.
Thomas Grotes and George Cookson, two soldiers of the 96th Regiment, were charged with stealing, at the “Railway Bell” public house, on the 1st January last, a basket of tools the property of George Haynes, painter. The evidence was not clear and the jury acquitted the prisoners.
Folkestone Chronicle
21-5-1864
Petty Sessions, Friday, May 20th: Before James Kelcey and R.W. Boarer Esqs.
Hugh McMath was brought up in custody, charged with one macintosh pack, one piece blue pilot cloth, one piece blue cloth, one piece lining, one pair blue cloth trousers, one black coat, one piece black lining, one piece calico, one scarf shawl, one piece merino, one piece flannel, one plaid shawl, and two pieces skirting, value £11 14s. 8d., the property of Mr. Peter Thomson, 69, Castle Street, Dover.
On the application of the prosecutor the depositions were taken, and the case remanded, and sent to be heard before the bench of magistrates at Dover.
Kentish Gazette 24-5-1864
Dover: At the sitting of the Borough Police Court on Monday (before J. Worsfold, E. Back and W. Mummery Esqs.), Hugh McMath, a respectably dressed man was charged with stealing one mackintosh, one leather strap, one piece of cloth, one piece of blue cloth, one piece of lining, and a pair of Scotch tweed trousers, the property of Mr. P. Thomson, draper, 9, Snargate Street, Dover. Mr. Strood, of Cheltenham appeared for the prosecutor, and Mr. Fox, of Dover, for the prisoner.
From the evidence of prosecutor it appeared that prisoner had been in his employ since April 1st, 1863, and that it was arranged that prisoner should remain in his service for years provided he conducted himself properly. Prosecutor had suspected the prisoner`s honesty, and having various other complaints against him, he dismissed him on the previous Saturday night. On the previous Thursday prosecutor went to Folkestone, and there he saw the prisoner with the pack cover and strap which prosecutor had provided him with while in his employ. He exchanged some few words with prisoner, and then gave him into custody. On getting to the station house at Folkestone, the pack prisoner had with him was searched, and several articles belonging to prosecutor were found in the pack. Prosecutor returned to Dover, and immediately went to the White Horse Inn, where prisoner`s boxes had been removed to on his leaving prosecutor`s employ. Sergeant Baily, of the Dover force, went with him, and the boxes were removed to the station house, where they were searched, and a number of articles were found in them belonging to the prosecutor. A number of the goods were then sworn to by the prosecutor, which he estimated in round numbers at £4.
P.C. Ovenden, of the Folkestone force deposed to taking the prisoner into custody, and sergeant Baily, of the Dover force having corroborated the statement of prosecutor as to the articles found in the boxes on their being searched at the station house, prisoner was cautioned in the usual manner, and committed for trial at the next quarter sessions for the Borough of Dover.
Southeastern Gazette 24-5-1864
Dover: On Saturday last, a respectably-dressed young man, named Hugh McGarth, was taken before the sitting magistrate (C. Stein Esq.), and charged with stealing a quantity of cloth, lining, &c., the property of his late employer, Mr. Peter Thomson, woollen draper, of Snargate Street. It appears that on the previous Saturday the prisoner was ordered to quit the premises of his employer, and after he was gone several things were missed, suspicion attaching itself to the prisoner. On Thursday, as Mr. Thomson was passing through Folkestone, he met the prisoner with a pack belonging to him. This led to the young man being taken into custody, and at his lodging a number of articles, the property of Mr. Thomson, were found. In reply to the magistrate the prosecutor stated that he had not given the prisoner permission to take the articles from his shop. Mr. Fox appeared to defend the prisoner, but as the police were not prepared with the necessary evidence, the case was remanded. The prisoner was again placed before the magistrates yesterday (Monday). Mr. F. Strood, of Cheltenham, appeared for the prosecutor, and Mr. Fox for the prisoner. Mr. Thomson identified the articles found at the prisoner`s lodgings at Folkestone as his property. On Thursday evening, after the prisoner was in custody, he went to the White Horse public house, St. James`s Street, Dover, and there found three large boxes which the prisoner took from his house, containing three parasols, a pair of Scotch tweed trousers, two pairs of stays, scarves, handkerchiefs, and a variety of other articles which belonged to him (the prosecutor). The value of those enumerated he estimated at £4. In answer to Mr. Fox, the prosecutor said the prisoner was entrusted with the things he was charged with having stolen to sell, and he ought to have given them up when he was discharged. Mr. Fox submitted that a charge of felony could not be substantiated. The prosecutor might seek his remedy by an action of trover against the prisoner. The Bench, having elicited that the boxes were taken from the prosecutor`s house subsequently to the prisoner`s discharge, decided to hear the case. Mr. Thomson was then subjected to a cross-examination by Mr. Fox, after which police constable Charles Ovenden, of Folkestone, said he received the prisoner into his custody on Thursday. In answer to the charge read over to him at the station house, the prisoner said he had still some things which he ought to have accounted for. Mr. John Friend, landlord of the White Horse, said the prisoner brought the boxes containing the articles stolen to his house on Monday, and he afterwards handed them over to the police. The Bench committed the prisoner to take his trial at the next Quarter Sessions.
Canterbury Weekly Journal 28-5-1864
Dover: At the sitting of the Borough Police Court on Monday (before J. Worsfold, E. Back and W. Mummery Esqs.), Hugh McMath, a respectably dressed man was charged with stealing one mackintosh, one leather strap, one piece of cloth, one piece of blue cloth, one piece of lining, and a pair of Scotch tweed trousers, the property of Mr. P. Thomson, draper, 9, Snargate Street, Dover. Mr. Strood, of Cheltenham appeared for the prosecutor, and Mr. Fox, of Dover, for the prisoner.
From the evidence of prosecutor it appeared that prisoner had been in his employ since April 1st, 1863, and that it was arranged that prisoner should remain in his service for years provided he conducted himself properly. Prosecutor had suspected the prisoner`s honesty, and having various other complaints against him, he dismissed him on the previous Saturday night. On the previous Thursday prosecutor went to Folkestone, and there he saw the prisoner with the pack cover and strap which prosecutor had provided him with while in his employ. He exchanged some few words with prisoner, and then gave him into custody. On getting to the station house at Folkestone, the pack prisoner had with him was searched, and several articles belonging to prosecutor were found in the pack. Prosecutor returned to Dover, and immediately went to the White Horse Inn, where prisoner`s boxes had been removed to on his leaving prosecutor`s employ. Sergeant Bailey, of the Dover force, went with him, and the boxes were removed to the station house, where they were searched, and a number of articles were found in them belonging to the prosecutor. A number of the goods were then sworn to by the prosecutor, which he estimated in round numbers at £4.
P.C. Ovenden, of the Folkestone force deposed to taking the prisoner into custody, and sergeant Bailey, of the Dover force having corroborated the statement of prosecutor as to the articles found in the boxes on their being searched at the station house, prisoner was cautioned in the usual manner, and committed for trial at the next quarter sessions for the Borough of Dover.
Dover Chronicle 28-5-1864
Dover
Police Court, Monday: Before J. Worsfold, W.R. Mummery, and T.E. Back Esqs.
Hugh
McMarth, a bagman in the employ of Mr. Peter Thomson, draper, of Castle Street,
was charged with stealing a macintosh cover, a leathern strap, a piece of pilot
cloth, a piece of blue ditto, piece of lining, pair of trousers, piece of black
lining and other goods, the property of his employer.
Mr.
Frederick Stroud, of Cheltenham, appeared for the prosecution, and Mr. Thos.
Fox for the defence.
Mr. Peter Thomson: I carry on business as a draper at 69, Castle Street. The prisoner was lately in my employ as traveller, but was discharged by me on Monday, the 16th instant, and his wages paid up to that time. When he left I asked him if he had anything booked against him, and he said “No”. I then said “How many pairs of boots have you had repaired since you entered my service?” He replied “Three.” I said “You have only accounted for two;” and then I asked him if he had anything to give up, to which he replied in the negative. The last time I saw him in Dover was when he came to take his boxes away. I next saw him at Folkestone on Thursday last, when he had on his back a macintosh packing cloth with a strap round it belonging to me. It was in his charge when he was in my service but ought to have been given up when he left me. I asked him if he were travelling for anyone, or whether he was in business for himself, and he replied “No.” We then walked up to the Bell and had a glass of ale together, and I there took him into custody. I opened his pack in the presence of a constable at the station, and found the articles I now produce, some of which I can swear to as my property. There are two pieces of calico, each containing six yards; and two five yard lengths of skirting. The calico has my private mark, and I have the piece in Court from which the skirting was cut. The pack and strap I identify as my property by marks inside. On Thursday, accompanied by a Dover policeman, I went to the White Horse, where we found three boxes and three sunshades. Two of the boxes were the same as those taken from my house by the prisoner on Monday. I identify two of the sunshades by our private mark, but the ticket has been taken from the third. I examined the boxes on Friday afternoon at the Police Station. The articles I now produce – a pair of Scotch tweed trousers, two pair of stays, and the scarf are mine, and the prisoner ought to have given them up to me when I discharged him.
Mr.
Fox: On that remark of the prosecutor I would endeavour to spare the time of
the Court by observing that there are not the necessary requisites to
substantiate a case of felony.
Mr. Stroud said that was a very summary way of disposing of a serious charge. He submitted that it came within the 4th section of the fraudulent trustees act.
Mr.
Worsfold: Were the articles entrusted to him for sale?
Prosecutor:
They were, sir.
Mr. Fox: Then that only substantiates my remark.
Mr.
Worsfold: Were those articles found at his residence after his dismissal?
Prosecutor:
They were, sir. He took the boxes away from my house about twelve o`clock the
same morning I had dismissed him.
By
Mr. Fox: The prisoner was taken into my service on the 1st of April,
1863. The agreement then made was that he was to travel for three years,
providing he behaved himself properly. The wages were to be £25 a year or £30
if he suited me, and all his travelling expenses. I gave him a month`s notice,
as I was not satisfied with him, because he rode about on horseback and in
flys. I also had a bill sent from Hythe, but I have not it with me. On one
occasion he stopped out all night, and he always kept very late hours. No
particular hour was mentioned in the agreement. I had my suspicions that the prisoner
was dishonest as I missed several articles. When I discharged him I had not
verified my suspicions. There were no other reasons that induced me to
discharge him – I don`t know how many more you want. When the prisoner left me
I paid him £8 19s. 6d in cash, the balance due. It was the prisoner`s duty to
solicit orders and take cash. When I was not present the prisoner was allowed
to cut the goods off himself and enter them. In fact it was competent in him to
take goods out of the stock itself. I have examined my books with regard to
some of the items mentioned, and I can swear they are not entered. With regard
to the first sunshade marked “L O” I will swear it is my handwriting; and the
one marked 2s. 6d. I believe is in the handwriting of my wife, but the one
marked 10s., to the best of my belief, is in the handwriting of the prisoner,
but I will not swear that it is. The pair of trousers have no marks upon them,
but they are the same quality and pattern as the pair I now wear. When I
charged the prisoner at Folkestone with stealing the pack cloth and strap he
said they were not mine.
Charles Ovenden, police constable of Folkestone: Last Thursday I received the prisoner into custody from the prosecutor at the Railway Bell. He did not say anything until we got to the station, when he said “I know the prosecutor has got an account against me of something which I have not accounted for.” He also asked me what the prosecutor could do to him for having them and I told him I did not know. The prisoner said all the things in the pack that he had with him were his. I was present when the pack was opened this morning.
William
Cheeseman, omnibus driver to Mr. Clements: Last Monday I was employed by the
prisoner to take his luggage from Mt. Thomson`s in Castle Street to the White
Horse. I do not remember what it consisted of, but I know there was a gun.
(Laughter) Whatever there were, I deposited them at the White Horse.
John
Friend, landlord of the White Horse Inn: Last Monday morning the prisoner came
to my house, and said he should send something there. About noon on the same
day he returned with three boxes, besides a parcel he had in his hand. I
afterwards showed the boxes to Mr. Thomson.
By
Mr. Fox: I was in the bar of my house when the prisoner came with the boxes.
P.C.
Ovenden re-called: When I searched the prisoner I found on him a bunch of keys,
which I handed over to Sergeant Bayley.
Prosecutor
re-called: The two large wooden boxes produced by police sergeant Bayley are
the same as those taken away from my home on the 16th. I found the
articles now produced in them at the police station.
Police sergeant Bayley deposed: I produce a bunch of keys I received from police constable Ovenden. The boxes produced were brought to the station about twenty minutes past ten on Thursday evening. I opened them in the presence of Mr. Thomson. The articles enumerated, and which I now produce, are a part of the contents of the boxes.
The
prisoner, by the advice of his solicitor, reserved his defence, and he was them
committed for trial to the Sessions.
Mr. Fox made application that the money found in the possession of the prisoner on his apprehension might be returned to him for the purposes of his defence, which the Magistrates granted.
Dover Express
28-5-1864
Dover
Police Court, Monday: Before J. Worsfold, E. Back, and W.R. Mummery Esqs.
Hugh McMarth, remanded from the previous Saturday for fraudulently detaining in his possession a quantity of drapery goods, the property of Mr. P. Thomson, draper, Snargate Street and Castle Street, Dover, was again placed at the bar..
Mr.
Stroud, of Cheltenham, appeared for the prosecutor, and Mr. Fox, of Dover, for
the defence.
Mr.
Peter Thomson, having been sworn, said: I am a draper carrying on business in Castle
Street and Snargate Street, Dover. The prisoner was in my employ as traveller
up till the 16th instant. On the morning of the 16th,
about 9 o`clock, I paid the prisoner his wages. I asked him if he had anything
booked against him. He said he had not. I then asked him how many pairs of
shoes he had had mended, and he replied three. I remarked that he had only
accounted for two pairs. He said he had nothing to give up to me, and he then
left me, but returned between 11 and 12 o`clock and took three boxes away. I
can swear positively to two of the boxes. On the following Thursday I went to
Folkestone, and then I saw the prisoner with the macintosh wrapper and leather
strap produced. He had a quantity of articles strapped up in the wrapper.
Prisoner ought to have returned the wrapper and strap on leaving me, as they
were only supplied to him for his use while he was in my employ. I asked him
whether he had started in business on his own account, or whether he was
travelling for anybody. He replied that he was doing neither. We then went to
the Railway Bell together, and I there had him taken into custody. At the
Folkestone station house I opened the pack prisoner had on his back when I met
him, and found two pieces of calico, each containing six yards, and two five
yard lengths of skirting. The calico bears my private mark in my own
handwriting, but the skirting has no mark on it. I had twenty yards of
skirting, and I find on measuring the piece I have by me that ten yards are
gone. The macintosh also has my mark upon it, and although the strap bears no
mark I can swear to it as my property, as I have used it myself for the last
fifteen years. I returned to Dover by the train on the same evening, and went
as soon as possible, with Sergeant Bailey, to the White Horse Inn, where three
boxes belonging to prisoner had been left. The three boxes produced were taken
to the station house, and on searching them I found that they contained one
pair of Scotch tweed trousers, value 28s., two pairs of stays, one flannel
shirt, one scarf, and twelve yards of mohair check. All these things bear my
private marks. I value the whole of the goods I have positively sworn to at £4.
All of them should have been given up to me when prisoner left me.
Mr.
Fox: The last remark prosecutor has made, I contend, puts an end to the case.
Prisoner, by prosecutor`s own showing, only retained them in his possession,
but not with a felonious intent, and, therefore, prosecutor has his remedy in
another Court.
Mr. Stroud: That would certainly be an easy way of getting rid of a very grave charge. I apprehend that a felonious aspect has already been given to the case.
Prosecutor
said that the boxes were removed from his house after he had paid prisoner his
wages, and all the goods produced were found in the boxes, except three
sunshades, and the goods found upon prisoner at Folkestone.
In
cross-examination by Mr. Fox, prosecutor said: On 1st April, 1863,
prisoner came into my employment. The terms of our agreement were that he
should travel for me for three years, provided he conducted himself properly.
Nothing was said about terminating the agreement by notice. I agreed to give
him £25 a year, and pay all his travelling expenses. He was ultimately to have
received £30 a year if he suited me. I gave him one month`s notice.
Mr.
Fox: Why did you give prisoner notice to leave you?
Witness: Because I was not satisfied with him. He managed somehow to ride about on horseback, and in flies, and on one occasion I had a bill sent to me for traps he had engaged at Hythe, instead of walking his rounds. He has also kept very late hours, and I have lately had suspicion as to his honesty, having missed goods and been unable to trace them anywhere.
Mr.
Fox: Have you ever verified these suspicions?
Witness:
Not till after I had discharged the prisoner. I could not get sufficient proof,
or he would have been here before now.
Mr.
Fox: Were there no other reasons?
Witness:
None that I know of.
Mr. Fox: How did you calculate the prisoner`s wages when you discharged him?
Witness:
At the rate of £25 a year. I paid him £8 16s. 6d., the amount due to him after
deducting the cost price of some cloth he had had of me and the cost of one
pair of boots. Prisoner did not always go out for the purpose of selling goods.
On Tuesdays his duties were to solicit orders and collect the accounts.
Mr.
Fox: How were the prisoner`s orders supplied to him?
Witness: Sometimes I supplied them, but occasionally he cut them himself, and he was then supposed to enter all he took from the shop in an account book, which I produce.
Mr. Fox: Have you examined your book with respect to the particular items mentioned in this charge?
Witness:
Some of them I can swear are not entered, and among those are the parasols, or
sunshades, and the skirting. The things were found in his own clothes boxes.
The strap and macintosh cover had been in prisoner`s possession ever since he
first came into my employ, and he should have given them up on leaving. One of
the parasols has “L.O.” marked upon it. “L.O.” is a private mark of mine. The
other is marked in my wife`s handwriting, and the third bears a mark in
prisoner`s handwriting.
Mr. Fox: Can you swear that is the prisoner`s handwriting?
Witness: To the best of my belief it is.
Mr.
Fox: Will you positively swear that the mark on this parasol is in the
prisoner`s handwriting?
Witness: Well, I won`t swear positively.
Mr.
Fox: Well, now, how do you identify the trousers as your property?
Witness:
They correspond exactly with those I have on.
Mr. Fox: Do you mean to say that your private marks are different from the private marks of any other tradesman in the same line of business?
Witness:
Well, I dare say they are. We never tell each other our private marks, and if
there were any like mine it is quite by accident. But I will undertake to swear
that there are no other private marks like those I have pointed out to you,
more especially as those marks are in my handwriting. When I took prisoner into
custody I told him that I charged him with stealing these things, and the wrapper
and the strap.
Charles
Ovenden, police constable of the borough of Folkestone said he took the
prisoner into custody at the Railway Bell Inn, Folkestone. On arriving at the
police station with prisoner, he said “I know that Mr. Thomson has got an
account against me for goods I have received, and not accounted for.” He asked
witness what he thought prosecutor could do to him for this offence. Prisoner
also asked whether the things in the pack he had on his back when taken into
custody would be shown to prosecutor. Witness identified part of the things
sworn to by the prosecutor as those found in the pack at the Folkestone police
station.
William Cheeseman, an omnibus driver, deposed to removing for prisoner three large boxes from 69, Castle Street, to the White Horse Inn, but he could not swear positively to the description of the boxes.
John
Friend, landlord of the White Horse Inn, said that on the previous Monday
morning the prisoner called at his house, and said he had two or three large
boxes he was going to bring there. About noon on the same day, prisoner
returned to his house in an omnibus, and brought three large wooden boxes like
those produced. They were placed in the front parlour, and when Mr. Thomson
came in the evening with Sergeant Bailey the boxes were shown to them.
Sergeant
Bailey said he received a bunch of keys from the constable Ovenden on the
previous Thursday. On the same evening about 10 o`clock the boxes produced were
brought from the White Horse by his direction to the station house, and on the
following morning they were opened in the presence of Mr. Thomson. Witness
produced a list of the articles he found in the boxes, several of which formed
part of the present charge.
This
was the whole of the evidence, and Mr. Fox having declined to address the Bench
on prisoner`s behalf, the usual caution was read to prisoner, and he was fully
committed for trial at the next quarter sessions.
Prisoner did not make application to be released on bail, and he was therefore sent to prison.
Dover Telegraph
28-5-1864
Dover
Police Court, Monday: Before J. Worsfold, W.R. Mummery, and T.E. Back Esqs.
Hugh
McMarth, a young man of very intelligent and respectable appearance, who was
recently in the employ of Mr. Peter Thomson, draper, of 69, Castle Street, was
charged with stealing a quantity of cloth and a variety of articles, the
property of Mr. Thomson.
The
prisoner had been apprehended at Folkestone and handed over to the Dover police
by the magistrates of that borough. He was brought before C. Stein Esq., at
Dover, on Saturday, and was remanded until Monday to complete the evidence for
the prosecution.
Mr.
Frederick Strood, of Cheltenham, appeared for the prosecutor, and Mr. T. Fox
for the defendant.
Prosecutor
deposed that the prisoner was lately in his employ as traveller. He gave him
notice to quit on the 16th instant, and paid him his wages at nine
o`clock in the morning. He then asked the prisoner if he had anything to be
booked against him, and he replied “No.” He asked the prisoner how many pairs
of boots he had had from him since he had been with him, and the reply was
“Three.” He told the prisoner he had only accounted for two pairs, and deducted
for another pair from his wages. He asked the prisoner if he had any goods to
give up, and the answer was “No.” The prisoner then went away. Between eleven
and twelve o`clock the same day he saw two of the boxes produced taken away
from his house and put into an omnibus. On the following Thursday he saw the
prisoner in Folkestone, carrying upon his back a packing cloth and leather
strap which belonged to him. They were in the prisoner`s charge when in his
employ, but he had neither given them him nor given him permission to take them
away. He stopped the prisoner and asked if he was going on business for
himself, or if he was travelling for anyone, but he replied “No.” He then took
him to the Railway Bell public house, and after they had had a glass of ale
together, he gave him into custody upon a charge of stealing the packing cloth
and strap. At the police station he opened the pack, and found in it two pieces
of calico, each six yards long, two five yard lengths of skirting, the former
bearing his private mark, and the latter matching with some in his possession.
In the pack were other things which he believed belonged to him, and at the
defendant`s lodgings at Folkestone were also found some blue pilot and other
cloth, &c., which he believed was his property. On Thursday evening he went
to the White Horse public house, St. James`s Street, and found three boxes, two
of which he knew belonged to the prisoner, and had been removed from his house
on the previous Monday. The boxes were taken to the police station, and when
they were opened he found they contained a variety of things, some of which he identified
as his property, viz., three sunshades or parasols, a pair of Scotch tweed
trousers, a flannel shirt, three pairs of stays, a scarf &c. Those articles
which he could swear to as belonging to him he valued at £4, but he believed
the whole of them were his property.
Mr.
Fox: How did the prisoner become possessed of these things?
Prosecutor: He had them in his charge, and he ought to have given them up to me when I discharged him.
Mr.
Fox: Then, in order to save the time of the Bench, I submit that there are not
the requisites necessary to substantiate a felony against the prisoner. The
prosecutor has distinctly stated that the prisoner ought to have given up the
things, and if that be the case, he has his remedy against the prisoner in a
civil court by bringing an action for trover against him.
Mr. Strood: That is a summary way of getting rid of a serious charge. I apprehend that if a person in the position of the prisoner is found in the possession of articles belonging to his master, and appropriating them to his own use, after he had been discharged, he comes within the meaning of the 4th section of the Fraudulent Trustees Act, of misappropriating goods, and therefore acts feloniously. I submit there is a clear case of larceny.
The magistrates inquired whether the goods were properly entrusted with the prisoner?
Mr. Fox said they were, but it could not be said he was appropriating them for his own use.
Mr. Worsfold asked whether the boxes containing the stolen articles were removed from the prosecutor`s house after the prisoner`s dismissal?
Prosecutor:
Yes.
The
Bench then intimated their intention of going on with the case, expressing
their belief that the removal of the goods after the prisoner`s discharge would
constitute a felony.
Prosecutor, in cross-examination by Mr. Fox, said the prisoner entered his service in April, 1863. The agreement between them was that the prisoner was to travel for him for three years, if he conducted himself properly, at £25 per year, and £30 if he suited him, and all travelling expenses. There was nothing said about determining the engagement by notice. He gave the prisoner a month`s notice to leave because he was not satisfied with him – he rode about on horseback and in flys, stayed out late at night, and because he suspected his dishonesty, as he had lost things from his shop and could not make out where they were gone. He did not verify his suspicions until after he had discharged the prisoner, but he travelled a fortnight endeavouring to detect his dishonesty. There were no other reasons for his discharging the prisoner. He paid the prisoner his wages at the rate of £25 a year. After deducting several items for clothes, he paid him £8 19s. 6d. in cash as the balance due to him. The prisoner`s duties were to solicit orders and take goods for sale. The goods he took out he cut off pieces in prosecutor`s shop, and he was supposed to enter them in a book, but some of them he could swear the prisoner had not entered. To the best of his belief the letters on the sunshades were in the prisoner`s handwriting, and the figures in his wife`s handwriting, but he could not swear to this. He identified the Scotch tweed trousers because he was wearing a pair of the very same material. The prisoner when charged with stealing the packing cloth and strap said they were his property.
Charles
Ovenden, police constable of Folkestone, deposed that he received the prisoner
into his custody at the Railway Bell, Folkestone. Nothing was then said by the
prisoner, but at the police station he said “I know the prosecutor has got an
account against me for some things which I have received and not accounted
for.” The prisoner also asked him what he thought he could do in the matter,
and he replied he could not tell him. The prisoner said the things in his
possession were all his own property.
William
Cheeseman, an omnibus driver, was called to prove that the boxes found at the
White Horse were those he had conveyed thither from the house of the prosecutor
to the prisoner, but all the witness would say was that he took some boxes
there, but did not know how many there were or what they were like.
Police
sergeant Bailey said he received a bunch of keys from the witness Ovenden, and
with them he unlocked the boxes brought to the police station by the
prosecutor, and which contained the articles enumerated.
Mr.
Strood submitted that was the case for the prosecution.
Mr. Fox said the prisoner would reserve his defence.
The Bench committed the prisoner to take his trial at the next quarter sessions for the borough.
Folkestone Chronicle 28-5-1864
Dover
Petty Sessions, Monday: Before J. Worsfold, T.E. Back and W. Worsfold Esqs.
Hugh McMath, a respectably-dressed man, was charged with stealing a quantity of goods, the property of Mr. P. Thomson, draper, 9. Snargate Street, Dover. Mr. Strood, of Cheltenham appeared for the prosecutor, and Mr. Fox, of Dover, for prisoner.
From
the evidence of prosecutor it appeared that prisoner had been in his employ
since April 1st, 1863, and that it was arranged that prisoner should
remain in his service for years provided he conducted himself properly.
Prosecutor had suspected the prisoner`s honesty, and having various other
complaints against him, he dismissed him on the previous Saturday night. On the
previous Thursday prosecutor went to Folkestone, and there he saw the prisoner
with the pack cover and strap which prosecutor had provided him with while in
his employ. He exchanged some few words with prisoner, and then gave him into
custody. On getting to the station house at Folkestone, the pack prisoner had
with him was searched, and several articles belonging to prosecutor were found
in the pack. Prosecutor returned to Dover, and immediately went to the White
Horse Inn, where prisoner`s boxes had been removed to on his leaving
prosecutor`s employ. Sergeant Bailey, of the Dover force, went with him, and
the boxes were removed to the station house, where they were searched, and a
number of articles were found in them belonging to the prosecutor. A portion of
the goods were then sworn to by the prosecutor, which he estimated in round
numbers at £4.
P.C. Ovenden, of the Folkestone force deposed to taking the prisoner into custody, and sergeant Bailey, of the Dover force having corroborated the statement of prosecutor as to the articles found in the boxes on their being searched at the station house, prisoner was cautioned in the usual manner, and committed for trial at the next quarter sessions for the Borough of Dover.
Thanet Advertiser
28-5-1864
Dover:
At the sitting of the Borough Police Court (before J. Worsfold, E. Back and W.
Mummery Esqs.), Hugh McMath, a respectably dressed man was charged with
stealing one mackintosh, one leather strap, one piece of cloth, one piece of
blue cloth, one piece of lining, and one pair of Scotch tweed trousers, the
property of Mr. P. Thompson, draper, 9, Snargate Street, Dover. Mr. Strood, of
Cheltenham appeared for the prosecutor, and Mr. Fox, of Dover, for the
prisoner.
From
the evidence of prosecutor it appeared that prisoner had been in his employ
since April 1st, 1863, and that it was arranged that prisoner should
remain in his service for years provided he conducted himself properly.
Prosecutor had suspected the prisoner`s honesty, and having various other
complaints against him, he dismissed him on the previous Saturday night. On the
previous Thursday prosecutor went to Folkestone, and there he saw the prisoner
with the pack cover and strap which prosecutor had provided him with while in
his employ. He exchanged some few words with prisoner, and then gave him into
custody. On getting to the station house at Folkestone, the pack prisoner had
with him was searched, and several articles belonging to prosecutor were found
in the pack. Prosecutor returned to Dover, and immediately went to the White
Horse Inn, where prisoner`s boxes had been removed to on his leaving
prosecutor`s employ. Sergeant Baily, of the Dover force, went with him, and the
boxes were removed to the station house, where they were searched, and a number
of articles were found in them belonging to the prosecutor, which he estimated
in round numbers at £4.
P.C. Ovenden, of the Folkestone force deposed to taking the prisoner into custody, and sergeant Baily, of the Dover force having corroborated the statement of prosecutor as to the articles found in the boxes on their being searched at the station house, prisoner was cautioned in the usual manner, and committed for trial at the next quarter sessions for the Borough of Dover.
Kentish Gazette
28-6-1864
Dover Quarter Sessions, Monday: Before W.H. Bodkin Esq.
Hugh McMath, 23, a packman in the employ of Mr. P. Thomson, draper, of Castle Street, Dover, pleaded “Not Guilty” to stealing a packing cloth, a strap, ten pieces of calico, and other articles, the property of his master. Mr. Biron, instructed by Mr. Minter, was for the prosecution, and Mr. Marsham, instructed by Mr. I. Fox, was for the defence.
Although only the articles above named were mentioned in the indictment the defalcations of the prisoner related to a large quantity of goods, which were found in his possession after he had left the prosecutor`s employ. It appeared that it was the prisoner`s duty to render up everything belonging to Mr. Thomson on leaving his employ, and he had professed to have done so; notwithstanding, he was found travelling with his old pack, and a great quantity of goods identified by Mr. Thomson as his property.
Mr. Marsham, for the prisoner, urged that the prisoner had not intended to commit felony, but had believed that if Mr. Thomson had any claim against him for goods entrusted to him, he would bring his claim in the County Court, which was in fact what he ought to have done.
The learned Recorder having summed up, the jury returned a verdict of Guilty, with a recommendation to mercy on the ground of the little check exercised on prisoner by the prosecutor. In reply to the Recorder the prosecutor said the cause of his discharging the prisoner was his suspecting that he was robbing him. The goods identified amounted to £42. There was also £42 in money unaccounted for, together with 110 yards of silk, the price of which was from 2s. 6d. a yard upwards. At the expiration of three years prisoner would have had the option of taking the business.
Mr. Biron: He would have been put into business by the prosecutor, my Lord.
The Recorder: Is that so?
Prosecutor:
It is.
The learned Recorder said it was one of the worst cases he had ever heard of. He sentenced him to 18 months` hard labour, and it was only the fact that this was his first appearance that saved him from penal servitude.
Southeastern Gazette
28-6-1864, Canterbury Weekly Journal, Faversham Mercury 2-7-1864
Dover Quarter Sessions, Monday: Before W.H. Bodkin Esq.
Hugh
McMath, 23, draper, was indicted for stealing one packing cloth, one strap, two
pieces of calico, and other articles, the property of Peter Thomson, at Dover,
on the 16th of May, 1864.
Mr. Biron appeared for the prosecution, and Mr. Marsham defended the prisoner.
Prosecutor,
a draper, of Castle Street, employed the prisoner as a packman up to May 16th,
when he was discharged. Subsequently he was seen carrying a pack and a variety
of articles at Folkestone, belonging to the prosecutor. At the time the
prisoner was discharged he was asked whether he had anything to account for to
the prosecutor, and he replied in the negative. On examination of his boxes
which had been moved from the prosecutor`s house, they contained a number of
articles, among which were a pair of trousers, several pair of stays, scarf,
sunshades and a quantity of cloth.
Mr.
Marsham set up a defence that the prisoner intended to pay for the articles
when he sold them, and that the remedy of the prosecutor was in the County
Court.
Prisoner was sentenced to eighteen months` hard labour.
Dover Chronicle 2-7-1864
Dover Quarter Sessions, Monday last; Before W.H. Bodkin Esq.
Hugh McMath, 23, draper, was indicted for stealing a packing cloth, strap, two pieces of calico, and a quantity of other articles, the property of Peter Thomson, at Dover, on the 16th of May.
Mr. Biron appeared to prosecute; Mr. Channell conducted the prisoner`s defence.
In opening the case to the jury, the learned counsel said the prosecutor was a draper, carrying on business in Castle Street, and for rather more than a year previous to the 16th of last May the prisoner was in his employ as a packman, in which capacity he used to travel round to neighbouring towns and dispose of his master`s goods. Upon making up his book he ought to have inserted a list of articles he was going to take away, so that his master might have an opportunity of taking an account when he returned. For some reason or another, the prosecutor gave the prisoner a month`s notice to leave, and on the 16th of May he left his employ. The prisoner`s wages were £30 a year, and he also had the privilege of taking at cost price such articles of clothing as prosecutor kept in his shop; and from time to time, as his wages were paid him, prosecutor deducted any money which might be due on this account. On the 16th of May, as the prisoner was leaving, they went into the accounts, and prosecutor said “Have you got anything I am to charge against you?” Prisoner said there were three pairs of boots which he had had repaired, and this was deducted from his wages, with some other trifling charges, and the balance, £8 19s. 6d., handed over to him as his wages. Before he left prosecutor said “Have you taken anything else?” Prisoner replied “I have now accounted for everything I have had.” This transaction took place about nine in the morning, and in the middle of the day the prisoner came and fetched his boxes away, which he had conveyed to the White Horse public house, in St. James`s Street. In the course of the day the prosecutor went over to Folkestone, and there he found the prisoner with a pack. The pack and oil-skin cover and staff all belonged to the prosecutor, and ought to have been given up before the prisoner left. On opening it, the prosecutor found it to contain two 6 yard pieces of calico, two 5 yard pieces of skirting, among other articles which he identified as belonging to him. The prisoner was then charged with theft and given into the custody of the police at Folkestone. He was afterwards brought over to Dover, and taken to the White Horse, when his boxes were opened and in them was found a large amount of property which had been taken from his employer. When apprehended at Folkestone, prisoner said in reply to the charge “I know that I have received the property, but I have only received what I have accounted for.”
Mr. Peter Thomson, the prosecutor, was then called and examined. He said he was a draper carrying on business in Castle Street, and that the prisoner entered his employ some time in the spring of last year. He was what was called a packman, and it was his duty from time to time to take out goods from the shop and sell them in the neighbouring towns. Before taking them away, he had to put down in a book what quantities he had, and what the goods were. The prisoner`s wages were to be £25 a year, and £30 if he suited. Such clothing as he took out of the stock he was to have at cost price, and other allowances, including travelling expenses, were granted him. He (prosecutor) at length gave him a month`s notice to leave his service, and the prisoner did so on the 16th of last May. About nine in the morning of that day he went into an account with the prisoner to see what wages he was to pay. He questioned him as to whether anything was to be deducted for clothes, and asked how many pairs of boots he had had repaired. Prisoner said “Three,” when he (prosecutor) remarked “You have only accounted for two.” He then deducted 4s. 6d., and handed to him a balance of £8 19s. 6d. The prisoner ought to have given up at that time everything which belonged to him (prosecutor). About the middle of the day prisoner came for his boxes and carried them away. The Thursday following, the prosecutor went over to Folkestone, where he fell in with the prisoner about five o`clock in the afternoon. He asked him if he was in business for himself, and he said “No.” He then asked “Who are you travelling for?” Prisoner replied “No-one.” He had a pack with him. Prosecutor then sent for Ovenden, a police constable, and at the police station he looked into the pack. The oil-skin cover and strap were his property, and the former bore his private mark on the inner side. They were entrusted by him to the prisoner whilst in his service, and ought to have been given up when he quitted it. He believed the clothes contained in the pack to be his property, but there was no private mark upon them. He had such clothes in his store, and he had measured his stock since and found deficiencies corresponding with the goods in the wrapper. The prosecutor then identified various articles taken from the prisoner`s boxes, including a pair of tweed trousers, respecting which he stated that in the month of January he missed some stuff similar to that of which the trousers were made. He consequently asked the prisoner if he had sold any of this material to customers, or had taken it for himself, and he answered “No.” No entries were made in the book the prisoner kept to say of these things.
Cross-examined:
The prisoner had been in his employ about a year. He had a character with him –
not direct from his master, but from a fellow traveller. The prisoner took what
goods he liked in prosecutor`s absence, and the things were entered in a book.
He had that book with him. None of the things he had sworn to were entered.
John
Friend: I am the landlord of the White Horse Inn. I remember the prisoner
coming to my house on the 16th of last May. He called in the
morning, and again in the middle of the day, when an omnibus brought three
boxes which he gave into my charge. He remained in my front parlour till the
following Thursday. On that day Mr. Thomson and a police constable came, and I
gave up the boxes ultimately to the police.
Charles Ovenden: I am a police constable at Folkestone. I was sent for on Thursday, the 19th of May, to the Railway Bell in that town. I found there, at 5.30 p.m., the prosecutor and the prisoner, who was given into my custody. I took him to the station house. I had told him previously the charge, and he made no reply to it. He said afterwards that he knew the prosecutor had got something against him that he had not accounted for, and he asked me what he could do in the matter. I told him I did not know. He also asked if Mr. Thomson would look into the pack, and I told him I could not tell. The things in the pack, he said, were his property. I was present when the pack was opened. The calico and skirting, and other things produced here today, were taken from the pack. I searched the prisoner, and found upon him some keys, which I handed over to police sergeant Bayley.
Police sergeant John Bayley produced the keys which he had received from the last witness. They opened the boxes of the prisoner which were brought from the White Horse. He found in them trousers, scarves, handkerchiefs, and other articles mentioned. The prisoner was not present.
William Cheeseman, an omnibus driver, proved being employed by the prisoner on the 16th of last May to take three boxes for him from Mr. Thomson`s house to the White Horse. The prisoner was with him and not on the box (a laugh).
A witness named Smith, a tailor, residing in Military Road, was then called and deposed that the trousers produced were made by him for McMath somewhere in the latter end of January.
Cross-examined:
We call the stuff of which they are made 42nd plaid.
This was the case for the prosecution.
Mr.
Channell then spoke in the prisoner`s defence. The jury, he said, had now heard
all the evidence in this case, and the defence which he was going to put before
them was exactly what the prisoner, when charged with the crime, told the
policeman – simply that the prosecutor had an account against him which was not
settled. Now, this was a very serious charge to being against him. The prisoner
had been in the habit of doing a great deal of business for the prosecutor by
taking things round the country, and the prosecutor had hitherto considered him
a man to be trusted, but the jury were now asked to believe he had taken all
the things which had been produced that day and appropriated them to his own
use. It turned out that some things he had taken with him when they were both
travelling together; and did the jury suppose it was necessary the prisoner
should enter all these things into a book, seeing that the prosecutor knew
perfectly well that he (prisoner) took them when they were together? He would
pass over that matter, then, because he did not think it very important to the
case. Then as to the account of what prosecutor said to the prisoner at the
time he settled with him, that did not at all show that the prisoner might not
have had in his possession goods which he was going to sell for the benefit of
his employer. He was asked “Is there anything I have to charge you with?”, that
is, any of the clothes he was entitled to take at cost price, “that you have
not accounted for?2 He said “No.” Then he was asked about the boots, and
volunteered a statement which ledt to another pair being charged for. He asked
them to take that as a proof that the prisoner was acting honestly throughout
the transaction and not with the intention of defrauding his master. With
regard to him carrying these things about to sell, he was not in business on
his own account, and he (the learned counsel) asked the jury to take a
charitable view, and to suppose that he was going to sell them for the
prosecutor, to whom he would in process of time have rendered an account.
The Recorder, in his summing up, observed that the learned counsel seemed to have forgotten that on the 16th of May the prosecutor and the prisoner came to a final settlement.
The
jury found the prisoner Guilty, but with a recommendation to mercy.
The Recorder asked why this recommendation was coupled with their verdict?
The
foreman said because the jury did not consider the prosecutor had looked after
his business sufficiently.
The
Recorder said there had been no evidence of any carelessness on the part of the
prosecutor, and he had paid the prisoner a good salary to keep him honest.
Prosecutor
was re-called, and in answer to questions put to him by the Recorder stated
that the value of the property stolen was £42, in addition to 110 yards of silk
at from 2s. 6d. to 3s. 10d a yard, and £40 in money.
The Recorder then passed sentence upon the prisoner, observing that the Court had a very grave doubt as to whether it was not his duty to order that he be kept in penal servitude, for he hardly remembered a worse case than this. This was not a case of a person led into such temptation through distress, but of a man who was receiving liberal wages, and yet systematically robbing his employer, receiving £40 in goods and £40 in money which he had not accounted for. He must therefore be treated with severity, and stopping short of penal servitude, have the full extent of punishment the law would allow. The prisoner was then ordered to be imprisoned and kept to had labour for eighteen months.
Dover Express 2-7-1864
Dover
Quarter Sessions, Monday last; Before W.H. Bodkin Esq.
Hugh
McMath, 23, a packman in the employ of Mr. P. Thomson, draper, Castle Street,
pleaded Not Guilty to stealing a packing cloth, a strap, two pieces of cloth,
and other articles, the property of his master.
Mr. Biron, instructed by Mr. Minter, was for the prosecution, and Mr. Channell, instructed by Mr. Fox, defended the prisoner.
Peter
Thomson: I am a draper carrying on business in Castle Street, Dover. The
prisoner entered my employ in the spring of last year. It was the duty of the
prisoner to take out goods as a packman. His wages were £25 a year, and he had
his clothes at cost price, besides other allowances. He left my service, after
a month`s notice, on the 16th of last May. On the morning of that
day I went into an account with him of the clothes he had had. He accounted for
some things, and I paid him the balance of wages due to him, £8 19s. 6d., and
he went away. The prisoner should have given up everything belonging to me
before he left my service. In the middle of the day he came for his boxes,
which he took on the following Thursday (the 19th). I went to
Folkestone, and saw the prisoner there about five o`clock. He had a pack with
him. I asked him if he was in business for himself. He said he was not, and
also said that he was not travelling for anyone. In the meantime I had sent for
a Folkestone police constable (Ovenden), and I subsequently saw the contents of
the pack at the Folkestone station house. The oil-skin cover and strap in which
the articles were wrapped are my property, and I believe the contents to be all
mine. I had just such materials in my stock. I have measured the stock since
then, and have found deficiency in goods corresponding to those found in the
pack, and also in a great many more. The goods produced by Ovenden, calico and
skirting, I also identify as mine. I have the pieces in stock from which they
were cut. The articles produced by Sergeant Bailey, consisting of a pair pf
tweed trousers, two pairs of stays, a scarf, and other things, all have my
private mark. These were found in the boxes of the prisoner at the White Horse
Inn. The boxes also contained other goods which I believe to be mine. I missed
the stuff from which the trousers were made in January and asked the prisoner
if he had sold it to a customer or taken it himself, and he said he had not done
either.
By Mr. Channell: I have found none of the things I have sworn to entered in the prisoner`s book. The private marks are in my own handwriting.
By the Court: I have been through the entry book and the day book since the 1st January, and find no entry corresponding with any of the things I have sworn to.
By
Mr. Channell: Before the prisoner left my employ I asked him if he had anything
to give up, and he said no.
John
Friend: I am landlord of the White Horse Inn. The prisoner came to my house on
the 16th May. He called first in the morning, bringing nothing with
him, but he came again in the middle of the day in an omnibus and brought the three
boxes with him. They remained at my house till the Thursday following, when I
gave them up to the police.
Charles
Ovenden: I am a police constable at Folkestone. I was sent for on the 19th
of May, to the Railway Bell, at Folkestone, where I found the prosecutor and
prisoner. The prisoner was given into my custody and I took him to the police
station. On the charge being told him there he said he knew the prosecutor had
got something against him which he had not accounted for, and asked what
prosecutor could do to him in consequence. I said I did not know. He said the
things in the pack were his own property. I was present when the pack was
opened. The calico and skirting produced today were contained in it. On
searching the prisoner I found on him some keys, which I handed over to police
sergeant Bailey.
John
Bailey: I am a police sergeant in the Dover police force. I produce a bunch of
keys which I received from the last witness. They fit the prisoner`s boxes,
which I found at the White Horse. I opened the boxes and I found in one of them
the trousers and other things I have produced, and which have been identified
by the prosecutor.
William Cheeseman: I am an omnibus driver, and was employed by the prisoner on the 16th May to take three boxes from Mr. Thomson`s house to the White Horse. Prisoner rode with the boxes.
Robert
Smith: I am a tailor, living at Military Road. I made the trousers produced for
the prisoner in the latter end of January.He gave me the stuff to make them
with.
This
was the case for the prosecution, and
Mr. Channell then addressed the jury on the prisoner`s behalf, accounting for the prisoner`s possession of the goods by the plea that he had regarded them as left in his hands by the prosecutor as the subject of future arrangement between them. He had regarded himself, indeed, as i9ndebted to the prosecutor in the value of these goods. That prosecutor had a right to recover the value of the goods there was no doubt, by County Court action or some other process of that sort, but it was hard that the prisoner should be charged with felony.
The learned Recorder having summed up, the jury returned a verdict of Guilty, with a recommendation to mercy on the ground of the little check exercised on the prisoner by prosecutor.
In
reply to the Recorder, the prosecutor said the cause of his discharging the
prisoner was his suspecting that he was robbing him. The goods identified
amounted to £42. There was also £42 in money unaccounted for, together with 110
yards of silk, the price of which was from 2s. 6d. a yard upwards. The prisoner
was recommended to him by a brother packman. He had no other recommendation
with him. Had he suited, his wages would have been increased to £30 a year, and
at the expiration of three years prisoner would have had the option of taking
the business.
Mr.
Biron: He would have been put into business by the prosecutor, my Lord.
The
Recorder: Is that so?
Prosecutor: It is.
The learned Recorder said it was one of the worst cases he had ever heard of. He sentenced him to eighteen months` hard labour, and it was only the fact that this was his first appearance that saved him from penal servitude.
Dover Telegraph
2-7-1864
Dover
Quarter Sessions, Monday; Before W.H. Bodkin Esq.
Hugh
McMath, 23, draper, was indicted for stealing a packing cloth, strap, two
pieces of calico, and a quantity of other articles, the property of Peter
Thomson, at Dover, on the 16th of May.
Mr.
Biron (instructed by Mr. Minter) was for the prosecution; Mr. Channell
(instructed by Mr. Fox) conducted the defence.
Mr. Biron, in opening the case, said the prosecutor was a draper, carrying on business in Castle Street, and for rather more than a year previous to the 16th of last May the prisoner was in his employ as a packman, in which capacity he used to travel round to neighbouring towns and dispose of his master`s goods. Upon making up his book he ought to have inserted a list of articles he was going to take away, so that his master might have an opportunity of taking an account when he returned. For some reason or another, the prosecutor gave the prisoner a month`s notice to leave, and on the 16th of May he left his employ. The prisoner`s wages were £30 a year, and he also had the privilege of taking at cost price such articles of clothing as prosecutor kept in his shop; and from time to time, as his wages were paid him, prosecutor deducted any money which might be due on this account. On the 16th of May, as the prisoner was leaving, they went into the accounts, and prosecutor said “Have you got anything I am to charge against you?” Prisoner said there were three pairs of boots which he had had repaired, and this was deducted from his wages, with some other trifling charges, and the balance, £8 19s. 6d., handed over to him as his wages. But before he left prosecutor said “Have you taken anything else?” Prisoner replied “I have now accounted for everything I have had.” This transaction took place about nine in the morning, and in the middle of the day the prisoner came and fetched his boxes away, which he had conveyed to the White Horse public house, in St. James`s Street. In the course of the day the prosecutor went over to Folkestone, and there he found the prisoner with a pack. The pack and oil-skin cover and strap belonged to the prosecutor, and ought to have been given up before the prisoner left. On opening it, the prosecutor found it to contain two 6 yard pieces of calico, two 5 yard pieces of skirting, among other articles which he identified as belonging to him. The prisoner was then charged with theft and given into the custody of the police at Folkestone. He was afterwards brought over to Dover, and taken to the White Horse, when his boxes were opened and in them was found a large amount of property which had been taken from his employer. When apprehended at Folkestone, prisoner said in reply to the charge “I know that I have received property that I have not accounted for.”
Prosecutor
was then examined. He spoke to the facts as detailed by the learned counsel,
and added that when he met the prisoner at Folkestone he asked him if he was
travelling for anyone, or in business for himself? The prisoner replied
neither, but added that he must get a living. He then requested the prisoner to
let him see the contents of the pack, and subsequently gave him into custody
for stealing several articles which it contained. The calico, stays, sunshades,
scarf, &c., he identified by his private mark upon them, and said that they
had never been accounted for by the prisoner. He missed some stuff like that of
which the trousers produced were made in January last, and he asked the
prisoner whether he had sold or taken any of it, but he replied he had not. The
whole of the stock which the boxes and pack contained he believed to be his
property, although he could not swear to them by any distinct mark.
Mr.
Channell cross-examined the prosecutor in reference to the several articles
named in the indictment, and endeavoured to identify them with entries of goods
taken and accounted for by the prisoner in the day book, but the prosecutor
distinctly swore that he had been through the books carefully from January last
and found that the articles which the prisoner was charged with stealing were
not entered, and had not been accounted for.
William
Cheeseman, an omnibus driver, stated that he removed the prisoner`s boxes to
the White Horse at his request on the 16th May, and John Friend, the
landlord of the White Horse, spoke to receiving them in his care from the
prisoner.
Charles
Ovenden, of the Folkestone police, took the prisoner into custody, and at the
police station prisoner said he knew the prosecutor had something against him
which he had not accounted for, and asked him what he could do in the matter.
He told him he did not know. The prisoner also said the things in the pack were
the property of Mr. Thomson.
Police
sergeant Bailey said he received the prisoner into his custody from the last
witness, who also handed to him a bunch of keys found upon the prisoner, with
which the locks of the boxes were unfastened.
Robert Smith, tailor, of Military Road, stated that he made the trousers produced from cloth brought to him by the prisoner in January last.
Mr.
Channell made a forcible address to the jury on behalf of the prisoner, and
said that the admission made by the prisoner to the Folkestone policeman, that
he had received some goods belonging to Mr. Thomson and not accounted for them,
far from operating against the prisoner, was exactly the defence he was about
to offer. There was no doubt that the prisoner was in possession of these
goods. But he would ask the jury to take a charitable view of the case, and
suppose that the prisoner had no intention to defraud the prosecutor, but that
he was selling them, and would have paid the money over to Mr. Thomson as soon
as he had sold them. Assuming that this was the prisoner`s intention, the
prosecutor`s remedy would be in the County Court.
The
Recorder having summed up, and pointed out that the fact of the prisoner having
retained the property fo his master after all business connection between them
was at an end would constitute the offence a larceny.
The
jury consulted, and gave a verdict of Guilty, but recommended the prisoner to
mercy.
The
Recorder: On what grounds do you recommend him to mercy?
A juror: Because we think the prosecutor did not take sufficient care with his books.
The
Recorder (to prosecutor): Have you any doubt that all or any of the things
belong to you?
Prosecutor:
Not the slightest.
The
Recorder: What is their value?
Prosecutor:
About £42.
Mr.
Biron: I am told there is also about £40 the prisoner has received since
January which he has not accounted for?
Prosecutor:
There are also 110 yards of silk missing which I can find no account of.
The
Recorder, in passing judgement, said he had great doubts whether it was not
necessary to send the prisoner to penal servitude. This man was receiving liberal
wages, and yet carrying on a system of robbery upon his employer. He must
therefore be treated with severity, and stopping short of penal servitude, he
must have the full extent of the punishment the law would admit. The prisoner
would therefore be imprisoned and kept to hard labour for 18 months.
Thanet Advertiser 2-7-1864
Dover
Quarter Sessions, Monday last, before W.H. Bodkin Esq.
Hugh McMath, 23, draper, was indicted for having stolen one packing cloth, one strap, two pieces of calico, and other articles, the property of Peter Thomson, at Dover, on the 16th of May, 1864.
Mr. Biron prosecuted, and Mr. Channell defended the prisoner.
The prosecutor deposed that he is a draper, carrying on business in Castle Street, Dover. The prisoner entered his employment in the spring of last year, and he was what was called a packman. His duty was from time to time to take out goods and sell them in the neighbouring towns, and before going out he ought to have entered in a book the quantities he had taken and what the goods were. His wages were to have been £25 a year, and he was to have all his clothes at cost price, his travelling expenses, and other allowances. Prosecutor gave him a month`s notice to leave, and he left on the 16th of May. About nine o`clock on that day prosecutor went into an account with him to see what amount of wages was due to him. He asked him if there was anything to be deducted for clothes, and he said “No.” He asked him how many pairs of boots he had had, and he said “Three.” Prosecutor told him he had only accounted for two pairs, and then entered another pair against him. He afterwards paid him what was due, amounting to £8 9s. 6d., and the prisoner left. About the middle of the day he returned and took away his boxes. On the 19th of May he (prosecutor) went to Folkestone, and saw the prisoner there carrying a pack. He asked him if he was in business for himself, and on him saying he was not he asked him who he was travelling for, and he replied “No one.” Prosecutor thought this was strange, and sent for a policeman. On one arriving, he had the pack examined, and at once identified the oilskin covering and the strap, and likewise the contents. The articles in question, consisting of calico, dress lengths, cloths, flannel, sheeting, a pair of stays, scarves, pair of trousers, &c., &c., some of which were in the pack, and some in a box belonging to the prisoner found at the White Horse, were all produced before the prosecutor, and he identified them, mostly by his own private marks, as his property. In January last he missed some stuff like the trousers, of which he acquainted the prisoner, when he denied having sold it or taken it for himself. There were no entries in the book for any of the things produced.
Cross-examined by Mr. Channell: Prisoner had been in his employment about a year; he had a character with him, but not direct from his previous employer. He (prisoner) was allowed to take what goods he liked for sale, but he ought to have entered those he did take in a book. On discharging him he hasked if he had any goods to return, and he said he had not.
John
Friend, landlord of the White Horse public house, proved that the prisoner
brought three boxes to his house on the 16th of May and left them
there, and that he (witness) subsequently gave them up to the police.
P.C.
Ovenden, Folkestone, deposed to receiving the prisoner into custody on the 19th
of May, at Folkestone. At the police station he told him the charge, and he
(prisoner) said he knew the prosecutor had got something against him that he
had not accounted for, and asked witness what could be done to him in the
matter. In answer to that question witness said he did not know. Prisoner also
asked if the prosecutor would look into the pack, and said the things in it
were his (prisoner`s) property.
Sergeant
Bailey, Dover police, produced some keys, which he said he received from the
last witness, and which opened some boxes belonging to the prisoner, that were
found at the White Horse, wherein were found the trousers, scarves, stays,
&c.
Robert Smith, tailor, proved making the trousers produced for the prisoner about the latter end of January last.
Mr.
Channell then addressed the jury for the defence, urging that the prisoner had
no intention of stealing the things, but that he intended to have accounted to
the prosecutor for them, and that he had them in his possession for his
(prosecutor`s) benefit.
The
Recorder, in summing up, said it was all very well for the learned counsel to
say the prisoner intended to account for the things, but the jury would bear in
mind that the prisoner had been actually discharged by the prosecutor three
days before he was found going about with the goods.
The
jury found the prisoner Guilty, but recommended him to mercy.
The Recorder asked what reason the jury had for such a recommendation.
The
foreman replied that they thought the prosecutor had been very lax in the way
he conducted his business.
The prosecutor was re-called, and in answer to the Recorder, said the value of the whole of the property was about £42.
Mr. Biron said he believed the prosecutor had also missed about £40 in money.
The
prosecutor said such was the case, the money being what the prisoner had
received and not accounted for; in addition to that there was about 110 yards
of silk missing.
The Recorder said that had the prisoner been before him previously he should have sentenced him to penal servitude, because he evidently carried on a systematic robbery for a long time. The jury had recommended him to mercy, but for his (the Recorder`s) part he could not see any grounds for such a recommendation. However, he would not send the prisoner for penal servitude, but the sentence of the court was that he be imprisoned and kept to hard labour for eighteen months.
Canterbury Weekly Journal 10-12-1864
On Sunday last a shocking occurrence took place on the South Eastern Railway between Dover and Folkestone by the mail express train, which leaves the former place at 4.15 p.m. It seems that three young women living at Folkestone had been spending Sunday with their parents, who live at the Pelter coast guard station. On returning in the afternoon they seemed to have been desirous of taking the shortest way. Hence they ventured to trespass along the South Eastern line instead of going by the road, which is about a mile further. When they had proceeded some distance one of them, who had left some article behind her, went back to fetch it, while the others walked slowly along. The two girls thus passed along the line of up-rails until they had reached midway between Abbot`s Cliff and Martello Tunnel, when the express train came on at full speed, and ran over the poor girls. The engine driver blew his whistle immediately on seeing their perilous position, but this was unheard or unheeded until it was too late. The two unfortunate girls were killed upon the spot, their bodies being horribly mutilated. The sad news of the occurrence was soon made known, and when their mangled bodies were conveyed back to the coast guard station the scene was a most heartrending and painful one.
On Monday afternoon J. Minter Esq. opened a coroner`s inquest at the Railway Bell, Folkestone, on the bodies of the two young women.
George Mercer, carpenter, said: I was in the Warren on Sunday afternoon a few minutes after four. I was at the top of the embankment, on the sea side, walking towards Dover. I first saw two females walking, one in the six feet between the rails, and the other in the four feet up-line. At the same time saw the train approaching, about 30 yards off. I halloed out to the women. They both ran to get out of the way, and one of them was upon the rails when the engine struck them and knocked them down. I immediately went down and picked one of them up; they both appeared quite dead.
William Pepler, of 3, Cooper`s Road, Old Kent Road, London: I am an engine driver in the employ of the South Eastern Railway. On Sunday I drove the engine of the 4.15 up-mail train from Dover. We left Dover punctual, and just before reaching the Martello Tunnel, it being rather dusk, I saw two females on the down road, and went to the other side of the engine, when I saw them cross over in front of the engine to the up side. I blew my whistle and put on the brakes but could not stop the train, as we were going at about 40 miles an hour.
The jury returned a verdict of Accidental Death.
Chatham News 10-12-1864
Inquests were held on Monday afternoon at the Railway Bell, Folkestone, on the bodies of Mary Anne Wade, 17 years of age, and Mary Rebecca Williams, 16 years and six months. The deceased were daughters of coastguard-men, at the Coast Pelter station, between Folkestone and Dover, and in service at Folkestone, and were returning to the town after a visit to their friends. There is a footpath to the town over the sea cliff, and running by the side of the railway at an open cutting between the two tunnels; but the girls appear to have got over the fence on to the line. A third girl had just left them to return for a pair of gloves, and it is supposed that the deceased were loitering for her. As the driver of the Continental mail train from Dover came up to the open cutting at 4.15 p.m., his attention was drawn by the stoker to the two women on the line, but seeing that they were on the down line he did not blow his whistle, lest he should alarm them. The wind blowing strong down the line, the girls did not hear the train until it was close upon them, when one of them looked back, and immediately hurried with her companion across the line on which the train was approaching. The driver promptly blew his whistle, but the train immediately struck the girls, knocking out the brains, breaking the legs, and cutting off the feet of one of them, and breaking the back and cutting off the leg of the other. Death was instantaneous. Evidence to the above effect having been given by persons who saw the accident from the top of the cutting, and the engine driver, the jury returned verdicts of Accidental Death.
Dover Chronicle
10-12-1864
An appalling railway casualty has during the past seven days been brought into frightful neighbourhood with our own locality. The portion of the South Eastern Line between the Abbot`s Cliff and Martello tunnels was the scene of the catastrophe, Sunday afternoon the time, and the victims were two young women of the ages respectively of 17 and 19 years, and named Mary Rebekah Williams and Margaret Ann Wade. Why the parties became exposed to the risk invariably incurred by those whom expediency tempts to stray from the legitimate pathways between Dover and Folkestone, or the cause in any way of their presence in the vicinity of the iron road that proved their terrible passage to the grave, did not transpire in the evidence at the subsequent inquisition upon the bodies. From other sources we learn that on the day in question the deceased and another female (three), all living at Folkestone, had been on a visit to their parents and friends at the block of buildings in the Warren known as the Pelter Coastguard Station, and left on the return journey shortly after four o`clock. No doubt wishing to reach Folkestone by the shortest route they chose the rail instead of the more circuitous road for the accomplishment of their purpose – a course dangerous indeed, but by no means of rare adoption, as the Company`s servants have often to warn persons from the line who are found there; and melancholy as may be the satisfaction, it is not improbable that the fearful lesson of Sunday will now find many an ear attentive that had too often been closed to prudential suggestions. Shortly after leaving the Coast Guard Station, one of the three females had occasion to return thither in reference to some omission; but in the brief interval of her absence deathhad severed her from her companions, and left her the solitary survivor of the trio who, a few moments previously, were in all the vivacity of youth, anticipating the pleasure of social intercourse in their homeward journeying – illustrating the awful truth of the text that “In the midst of life we are in death.”
The enquiry before the coroner (J. Minter Esq.) took place on Monday afternoon at the Railway Bell, Folkestone. After the jury had been sworn, a special train in charge of Mr. Willes, station master (who in every possible way facilitated the objects of the investigation), conveyed them to the site of the accident, where they inspected the mutilated bodies. On returning to the inquest room witnesses were called (first in reference to the young woman Wade and then as concerned Williams), whose examination elicited the following:-
Peter Mitchell: I am a ticket collector in the employ of the South Eastern Railway Company at the Folkestone Station. The 4.15 p.m. mail train on Sunday from Dover stopped at Folkestone Junction Station a few minutes late, and the driver told me that he had knocked down two females dressed in black just beyond the first tunnel. I said I would see to it, and the train went on. Having obtained assistance, I went to the spot indicated by the engine driver and there saw the deceased lying upon the ground. Wade lay upon her back at the side of the rails – between the embankment and the outer rail of the up line – with her feet towards the metals and her head towards the embankment.
George Mercer: I am a carpenter. In company with a young man named George Elliott I was in the Warren on Sunday afternoon, at the top of the embankment at the side of the South Eastern Railway line. On looking over into the cutting, I saw two females walking together – one of them being in the 4 ft. up line, and the other in the 6 ft., which separates the two lines. At that moment I observed the mail train approaching about thirty yards off. I shouted out “Missus, here`s the train close behind you,” when they both rushed across the up line to get out of the way. Before they cleared the line, however, the buffer or some part of the engine struck them and knocked both of them down. I immediately went down upon the line, and saw the deceased Wade lying with her clothes over her head on the up line. I lifted her up, and she appeared quite dead. Elliott, at the same time, went to the deceased Williams, and found she was also quite deal. Having laid the bodies upon the ground clear of the lines, I went to the Coast Guard Station for assistance.
By the jury: I heard the whistle of the engine just before the deceased was struck. The wind was blowing adverse to the direction in which the train was going, and therefore the sound was carried away from where the females were walking.
Dr. East: On Sunday afternoon, about 4.40 p.m., a message came to me that two females had been killed by a mail train in the Warren, and the station master (Mr. Willes) was taking measures for bringing the bodies to Folkestone. I hastened to the Junction Station, and was taken in a trolley to the place in question, about a mile and a half from Folkestone, and there saw the bodies of the deceased. That of Wade I first examined, and found that she had sustained a severe fracture of the skull, through which a considerable portion of brains had exuded. Her left leg was also torn off close to the knee, as it only then hung to the body by the skin, and the foot was also almost cut off. From the injury to the skull alone, death must have been instantaneous.
William Peplar: I am an engine driver in the employ of the South Eastern Railway Company, and live at 3, Cooper`s Road, Old Kent Road, London. On Sunday I drove the engine of the 4.15 p.m. mail train from Dover. We left Dover punctually at our time. Just before reaching the Martello Tunnel I saw something dark in front of the train upon the line. I could not distinguish what it was because it was dusk. I went from the left to the right side of the engine, and then saw two females attempting to cross the line just in front of us. I blew the whistle, but the train was upon them in a moment, and they were knocked down, although I applied the brake and did all I could to stop the train. I stopped the train at Folkestone and informed the ticket collector of what had occurred.
By the jury: The train was travelling at about 40 miles an hour at the time of the accident. It is not my practice to blow the whistle if I see persons upon the line, unless they are actually upon the line which the train is travelling upon, as it sometimes has a tendency to frighten people and place them in greater danger; but I blew the whistle in this instance because I saw the imminent peril in which the deceased were upon the line.
The Coroner said there was other evidence forthcoming if the jury desired it, but he thought it would be principally corroborative, as the facts appeared conclusive that the occurrence was purely accidental.
The jury expressed themselves to be satisfied without the production of further evidence and returned a verdict of “Accidental Death.”
Dover Express
10-12-1864
On Sunday afternoon an accident of the most painful nature took place on the South Eastern Railway, in the long cutting between Abbot`s Cliff tunnel and the tunnel nearest to Folkestone. It appears that two young women, named Wade and Williams, the daughters of coastguard-men stationed at the Pelter Station, which is situate midway between Dover and Folkestone at the base of the cliffs, had been on a visit to their friends and were returning to Folkestone, where they were living in service. For the purpose of saving time they selected the railway line, instead of taking their way by the cliffs. They had got near to the entrance of the Folkestone tunnel when an up-train came along, and before they could get out of the way they were struck down, the train passing over their bodies, and leaving them quite lifeless, and sadly mutilated. It is believed that a third young woman, the daughter of another coastguard, would have been in their company, and in all probability shared their fate, had she not left some article of clothing behind at her parents, whither she had returned at the moment of the hapless catastrophe. The bodies of the unfortunate young women were removed to the Railway Bell, at Folkestone, where an inquest was held upon their remains on the following day by J. Minter Esq., the coroner for the borough of Folkestone. The jury, having been sworn, were conveyed by special train in charge of the station master, Mr. Willis, to the place of the accident, which was inspected and the bodies viewed. On the return to the inquest room, the inquiry was proceeded with the evidence in respect of the death of the female Wade being first elicited.
Peter Mitchell deposed: I am a ticket collector in the employ of the South Eastern Railway Company at the Folkestone Station. The 4.15 p.m. mail train yesterday from Dover stopped at Folkestone Junction Station a few minutes late, and the driver told me that he had knocked down two females dressed in black just beyond the first tunnel. I said I would see to it, and the train went on. Having obtained assistance, I went to the spot indicated by the engine driver and there saw the deceased lying upon the ground. Wade lay upon her back at the side of the rails – between the embankment and the outer rail of the up line – with her feet towards the metals and her head towards the embankment.
George Mercer said: I am a carpenter. In company with a young man named George Elliott I was in the Warren yesterday afternoon, at the top of the embankment at the side of the South Eastern Railway line. On looking over into the cutting, I saw two females walking together – one of them being in the 4 ft. up line, and the other in the 6 ft., which separates the two lines. At that moment I observed the mail train approaching about thirty yards off. I shouted out “Missus, here`s the train close behind you,” when they both rushed across the up line to get out of the way. Before they cleared the line, however, the buffer or some part of the engine struck them and knocked both of them down. I immediately went down upon the line, and saw the deceased Wade lying with her clothes over her head on the up line. I lifted her up, and she appeared quite dead. Elliott, at the same time, went to the deceased Williams, and found she was also quite deal. Having laid the bodies upon the ground clear of the lines, I went to the Coast Guard Station for assistance.
By the jury: I heard the whistle of the engine just before the deceased was struck. The wind was blowing adverse to the direction in which the train was going, and therefore the sound was carried away from where the females were walking.
Dr. East deposed: Yesterday afternoon, about twenty minutes to five, a message came to me that two females had been killed by a mail train in the Warren, and the station master (Mr. Willis) was taking measures for bringing the bodies to Folkestone. I hastened to the Junction Station, and was taken in a trolley to the place in question, about a mile and a half from Folkestone, and there saw the bodies of the deceased. That of Wade I first examined, and found that she had sustained a severe fracture of the skull, through which a considerable portion of brains had exuded. Her left leg was also torn off close to the knee; it only then hanging to the body by the skin, and the foot was also almost cut off. From the injury to the skull alone, death must have been instantaneous.
William
Peplar said upon oath: I am an engine driver in the employ of the South Eastern
Railway Company, and live at 3, Cooper`s Road, Old Kent Road, London. Yesterday
I drove the engine of the 4.15 p.m. mail train from Dover. We left Dover
punctually at our time. Just before reaching the Martello Tunnel I saw
something dark in front of the train upon the line. I could not distinguish what
it was because it was dusk. I went from the left to the right side of the
engine, and then saw two females attempting to cross the line just in front of
us. I blew the whistle, but the train was upon them in a moment, and they were
knocked down, although I applied the brake and did all I could to stop the
train. I stopped the train at Folkestone and informed the ticket collector of
what had occurred.
By
the jury: The train was travelling at about 40 miles an hour at the time of the
accident. It is not my practice to blow the whistle if I see persons upon the
line, unless they are actually upon the line which the train is travelling
upon, as it sometimes has a tendency to frighten people and place them in
greater danger; but I blew the whistle in this instance because I saw the
imminent peril in which the deceased were upon the line.
The
Coroner observed that there was other evidence forthcoming if the jury desired
it, but he thought it would be principally corroborative, but as the facts
appeared conclusive that the occurrence was purely accidental, he proposed not
to adduce it, unless it were the wish of the jury.
The jury expressed themselves satisfied with the facts elicited and returned a verdict of “Accidental Death.”
Dover Telegraph 10-12-1864
The
line of rails of the South Eastern Company which crosses the Warren between
Abbot`s Cliff and Martello tunnels was the scene of a very shocking occurrence
last Sunday afternoon. Three females living at Folkestone, who had been on a
Sunday`s visit to their parents and friends at the Pelter coastguard station,
were returning in the afternoon, and, it is supposed, being desirous of taking
the shortest route, instead of going by the road, passed along the railway
line. When they had proceeded some distance, one of them, having occasion to
return to the coastguard station, left her companions to pursue their journey.
The names of the two young women who were thus wending their way to Folkestone
were Mary Rebecca Williams and Margaret Ann Wade. When they had reached the
cutting, about a mile and a half from Folkestone, they were walking, one upon
the other, near the up line of rails. The 4.15 p.m. mail express train from
Dover at this moment came along, and the girls, being unaware of its approach
until it was within a few yards of them, were unable to get out of its way
before the train dashed against them and killed both of them upon the spot.
A
croner`s inquisition was held upon the bodies (before J. Minter Esq.) at the
Railway Bell Inn, Folkestone, on Monday afternoon. The jury, having been sworn,
were conveyed by special train in charge of the station master, Mr. Wills, to
the place of the accident, which was inspected and the bodies viewed. On the
return to the inquest room the inquiry was proceeded with, with evidence in
respect of the death of the female Wade being first elicited.
Peter
Mitchell deposed: I am a ticket collector in the employ of the South Eastern
Railway Company at the Folkestone Station. The 4.15 p.m. mail train yesterday
from Dover stopped at Folkestone Junction Station a few minutes late, and the
driver told me that he had knocked down two females dressed in black just
beyond the first tunnel. I said I would see to it, and the train went on.
Having obtained assistance, I went to the spot indicated by the engine driver
and there saw the deceased lying upon the ground. Wade lay upon her back at the
side of the rails – between the embankment and the outer rail of the up line –
with her feet towards the metals and her head towards the embankment.
George
Mercer said: I am a carpenter. In company with a young man named George Elliott
I was in the Warren yesterday afternoon, at the top of the embankment at the
side of the South Eastern Railway line. On looking over into the cutting, I saw
two females walking together – one of them being in the 4 ft. up line, and the
other in the 6 ft., which separates the two lines. At that moment I observed
the mail train approaching about thirty yards off. I shouted out “Missus,
here`s the train close behind you,” when they both rushed across the up line to
get out of the way. Before they cleared the line, however, the buffer or some
part of the engine struck them and knocked both of them down. I immediately
went down upon the line, and saw the deceased Wade lying with her clothes over
her head on the up line. I lifted her up, and she appeared quite dead. Elliott,
at the same time, went to the deceased Williams, and found she was also quite
deal. Having laid the bodies upon the ground clear of the lines, I went to the
Coast Guard Station for assistance.
By
the jury: I heard the whistle of the engine just before the deceased was
struck. The wind was blowing adverse to the direction in which the train was
going, and therefore the sound was carried away from where the females were
walking.
Dr.
East deposed: Yesterday afternoon, about twenty minutes to five, a message came
to me that two females had been killed by a mail train in the Warren, and the
station master (Mr. Willis) was taking measures for bringing the bodies to
Folkestone. I hastened to the Junction Station, and was taken in a trolley to
the place in question, about a mile and a half from Folkestone, and there saw
the bodies of the deceased. That of Wade I first examined, and found that she
had sustained a severe fracture of the skull, through which a considerable
portion of brains had exuded. Her left leg was also torn off close to the knee
as it only then hung to the body by the skin, and the foot was also almost cut
off. From the injury to the skull alone, death must have been instantaneous.
William Pepler said upon oath: I am an engine driver in the employ of the South Eastern Railway Company, and live at 3, Cooper`s Road, Old Kent Road, London. Yesterday I drove the engine of the 4.15 p.m. mail train from Dover. We left Dover punctually at our time. Just before reaching the Martello Tunnel I saw something dark in front of the train upon the line. I could not distinguish what it was because it was dusk. I went from the left to the right side of the engine, and then saw two females attempting to cross the line just in front of us. I blew the whistle, but the train was upon them in a moment, and they were knocked down, although I applied the brake and did all I could to stop the train. I stopped the train at Folkestone and informed the ticket collector of what had occurred.
By the jury: The train was travelling at about 40 miles an hour at the time of the accident. It is not my practice to blow the whistle if I see persons upon the line, unless they are actually upon the line which the train is travelling upon, as it sometimes has a tendency to frighten people and place them in greater danger; but I blew the whistle in this instance because I saw the imminent peril in which the deceased were upon the line.
The
Coroner observed that there was other evidence forthcoming if the jury desired
it, but he thought it would be principally corroborative, but as the facts
appeared conclusive that the occurrence was purely accidental, he proposed not
to adduce it, unless it were the wish of the jury.
The jury expressed themselves satisfied with the facts elicited and returned a verdict of “Accidental Death.”
The inquisition was then held upon the body of the deceased Williams, but the evidence was nearly identical and the jury found a verdict also in this instance of Accidental Death.
Faversham Mercury, Kentish Chronicle 10-12-1864
On Sunday last a shocking
occurrence took place on the South Eastern Railway between Dover and Folkestone
by the mail express train, which leaves the former place at 4.15 p.m. It seems
that three young women living at Folkestone had been spending Sunday with their
parents, who live at the Pelter coast guard station. On returning in the
afternoon they seemed to have been desirous of taking the shortest way. Hence
they ventured to trespass along the South Eastern line instead of going by the
road, which is about a mile further. When they had proceeded some distance one
of them, who had left some article behind her, went back to fetch it, while the
others walked slowly along. The two girls thus passed along the line of
up-rails until they had reached midway between Abbot`s Cliff and Martello
Tunnel, when the express train came on at full speed, and ran over the poor
girls. The engine driver blew his whistle immediately on seeing their perilous
position, but this was unheard or unheeded until it was too late. The two
unfortunate girls were killed upon the spot, their bodies being horribly
mutilated. The sad news of the occurrence was soon made known, and when their
mangled bodies were conveyed back to the coast guard station the scene was a
most heartrending and painful one.
On Monday afternoon J.
Minter Esq. opened a coroner`s inquest at the Railway Bell, Folkestone, on the
bodies of the two young women.
George Mercer, carpenter, said: I was in the Warren on Sunday afternoon a few minutes after four. I was at the top of the embankment, on the sea side, walking towards Dover. I first saw two females walking, one in the six feet between the rails, and the other in the four feet up-line. At the same time saw the train approaching, about 30 yards off. I halloed out to the women. They both ran to get out of the way, and one of them was upon the rails when the engine struck them and knocked them down. I immediately went down and picked one of them up; they both appeared quite dead.
William Pepler, of 3, Cooper`s Road, Old Kent Road, London: I am an engine driver in the employ of the South Eastern Railway. On Sunday I drove the engine of the 4.15 up-mail train from Dover. We left Dover punctual, and just before reaching the Martello Tunnel, it being rather dusk, I saw two females on the down road, and went to the other side of the engine, when I saw them cross over in front of the engine to the up side. I blew my whistle and put on the brakes but could not stop the train, as we were going at about 40 miles an hour.
The jury returned a verdict of Accidental Death.
Kentish Express
10-12-1864
Inquests were held on Monday afternoon at the Railway Bell, Folkestone, on the bodies of Mary Anne Wade, 17 years of age, and Mary Rebecca Williams, 16 years and six months. The deceased were daughters of coastguard-men, at the Coast Pelter station, between Folkestone and Dover, and in service at Folkestone, and were returning to the town after a visit to their friends. There is a footpath to the town over the sea cliff, and running by the side of the railway at an open cutting between the two tunnels; but the girls appear to have got over the fence on to the line. A third girl had just left them to return for a pair of gloves, and it is supposed that the deceased were loitering for her. As the driver of the Continental mail train from Dover came up to the open cutting at 4.15 p.m., his attention was drawn by the stoker to the two women on the line, but seeing that they were on the down line he did not blow his whistle, lest he should alarm them. The wind blowing strong down the line, the girls did not hear the train until it was close upon them, when one of them looked back, and immediately hurried with her companion across the line on which the train was approaching. The driver promptly blew his whistle, but the train immediately struck the girls, knocking out the brains, breaking the legs, and cutting off the feet of one of them, and breaking the back and cutting off the leg of the other. Death was instantaneous. Evidence to the above effect having been given by persons who saw the accident from the top of the cutting, and the engine driver, the jury returned verdicts of Accidental Death.
Kentish Gazette 13-12-1864
Inquests were hold yesterday afternoon week, at the Railway Bell, Folkestone, on thé bodies of Mary Ann Wade, 17 years of age, and Mary Rebecca Williams, 16 years and six months. The deceased were daughters of Coastguard-men, at the Coast Pelter Station, between Folkestone and Dover, and in service at Folkestone and were returning to the town after a visit to their friends.
There is a footpath to the town over the sea cliff, and running by the side of the railway at an open cutting between the two tunnels, but the girls appear to have got over the fence on to the line. A third girl had just left them to return for a pair of gloves, and it is supposed that the deceased were loitering for her. As the driver of the Continental mail train from Dover came up the open cutting at 4.15 p.m. his attention was drawn by the stoker to the two women on the line, but seeing that they were on the down line he did not blow his whistle, lest he should alarm them. The wind blowing strong down the line, the girls did not hear the train until it was close upon them, when one of them looked back, and immediately hurried with her companion across the line on which the train was approaching. The driver promptly blew his whistle, but the train immediately struck the girls, knocking out the brains, breaking the legs, and cutting of the feet of one of them, and breaking the back and cutting the leg of the other. Death was instantaneous.
Evidence to the above effect having been given by persons who saw the accident from the top of the cutting, and by the engine-driver, the Jury returned verdicts of Accidental Death.
Southeastern Gazette
13-12-1864
Yesterday
week an inquest was held on the two young women, Mary Rebecca Williams, 17, and
Margaret Ann Wade, 19, who, as we stated in our last, were accidentally killed
on the previous day on the South Eastern Railway between the Abbot`s Cliff and
Martello Tunnels, Folkestone, as they were crossing the line on their return
home from a visit to their parents and friends at the block buildings in the
Warren known as the Pelter coastguard station. The jury returned a verdict of
Accidentally Killed. On Thursday last the funeral of the two unfortunate girls
took place. An engine, second class carriage, and a luggage truck were sent
down the line as far as the Pelter station, and the coffins and mourners and
others were brought up to the upper station, and from thence proceeded to the
village of Capel. The funeral was attended by the whole of the Coast Guard off
duty, stationed at the Folkestone and the Pelter station, with Mr. Jarvis, the
chief officer, in command. The bodies were buried in one grave in the quiet
little churchyard of Capel le Ferne, being followed there by the parents of
both the deceased and a number of other friends in deep mourning.
Kentish Gazette 28-8-1866
One of the most daring and cool hotel robberies was perpetrated at Folkestone yesterday week.
About four o’clock in the afternoon of that day a fashionably-dressed man, carrying a large black-glazed leather bag, entered the Royal Railway Hotel (sic), and ordered tea and a chop, with a bed for the night, and breakfast next morning.
He was ushered into the reception room, and he presently requested to be shown to his bedroom, to refresh himself with a wash.
His desire was complied with, and he was shown upstairs to a room on the first floor This particular chamber, it seems, opened into a corridor, at the end of which was a room containing a large cabinet, in which the silver plate and other valuables of the establishment were kept.
In about half-an-hour the gentleman came down refreshed, carrying the black leather bag with him, which he had taken upstairs. As he passed the bar he mentioned that he was going out on business for half an hour, but was very particular in requesting that the “tea and chop” should be ready at the expiration of that time. So he departed. Half an hour - an hour - two hours - passed away without the return of the “traveller,” when it just struck the landlady to go upstairs to see whether all was safe.
On going into the room where the plate had been left, she found that the cabinet had been broken open, and the whole of the plate, amounting in value to about £70, abstracted. In one drawer in the cabinet there were two gold watches, several diamond rings, and other articles of jewellery, altogether valued at about £100.
This drawer, however, fortunately escaped the notice of the “traveller,” who, it need scarcely be remarked, did not come back for his “tea and chop.”
As soon as the fact of the robbery was ascertained information was given to the police, but up to the present time nothing has been ascertained as to the perpetrator of the daring theft.
Kentish Gazette 28-7-1868
An appalling instance of the dreadful uncertainty of human life occurred on the South Eastern Railway, near the Folkestone Upper Station, on Friday afternoon week, the particulars of which will be gleaned from the following evidence adduced at the inquest held on Saturday morning, at the Railway Bell, before J. Minter, Esq., Coroner.
John Edward Munn, postmaster, at Ashford, identified the body of deceased as being that of William Prebble, aged 45 years, an agent and messenger attached to the Post Office, and residing at 17, Regent’s Place, Ashford. Deceased was his cousin, and engaged by witness to paint the huts and apparatus belonging to the Post Office, on the South Eastern Railway, and came down to Folkestone for that purpose on Thursday. Deceased had been a soldier in the 23rd Fusiliers, and had been through the Crimean war, where he was shot through the body at the storming of the Redan.
Wm. S. Eastes, surgeon, deposed that on the previous evening about quarter before six o’clock, he was called to see the deceased. He found him lying on the railway near the bridge, about three or four feet from the up-rails. He was lying on his face, and quite dead, and the limbs were getting cold. His attention was called to some blood mixed with phlegm, on the ground close to deceased's work, the body being about three or four yards away, and it appeared as though the blood had been coughed up. From this he believed that some large vessel had given way about the chest, and finding that he had an old wound connected with the chest, he was further strengthened in that belief, death being accelerated, perhaps, by the great heat - of course he could not say positively such was the case without a post mortem examination. There were no marks of violence about the body, and he had no doubt death resulted from internal causes.
William Hills, signalman, said he spoke to deceased about ten minutes to five the previous evening, and saw him painting the mail apparatus. Deceased then said it was very warm.
Robert Leonard, engine-driver, deposed that he was on the engine of the 2.18 train from Charing Cross, and arrived at Folkestone Junction about 5.26. On passing he saw a man lying near the bridge, and gave information at the station. The man was lying quite clear of the rails and appeared as though asleep.
Ely Belcher deposed that he went to the spot by the order of the station-master, and found on his arrival that the man was dead. He was lying on his right side with his cheek on the ground, and the paint brush still in his hand.
Superintendent Martin also deposed to going to the spot and seeing the deceased. He ordered the body to be conveyed to the Railway Bell.
The jury at once returned a verdict of Death from Natural Causes.
Kentish Gazette 12-1-1869
On Wednesday the following licenses were transferred: The Dolphin Inn, from Mr. Packham to Mr.
Ayliffe; the Hope Inn, from Mr. Arthur Ayliffe to Mr. John French. An application was granted for
temporary power to sell to Mr. Robert Flux, of the Railway Bell, he not having had time to make the
ordinary application for a transfer of the license from Mr. J. Willows.
Transfer of Licence.—The following licence was applied for on Wednesday and granted :—R. Flux, from J. Willows, of the Railway Bell
Kentish Gazette 2-3-1869
The following license was applied for on Wednesday and granted: R. Flux, from J. Willows, of the Railway Bell
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