Folkestone
Chronicle 24-8-1872
Tuesday, August 20th: Before The Mayor, J.
Tolputt and T. Caister Esqs.
William Hudson Mowle, lodging house keeper, 4, Priory
Gardens, was brought up in custody, charged with being drunk and riotous in
Tontine Street on the 20th instant, and pleaded Not Guilty to the
charge.
P.C. Ovenden said that about a quarter to one o`clock
he was in High Street. He heard a smashing of glass at the window of the
Clarendon Hotel, and he went to see what was the matter. Defendant was in the
house drunk, and he was asked to eject him. Afterwards he saw defendant in the
street, with a crowd around him, helloing and shouting. He was very drunk, and
he cautioned him before taking him in custody. Defendant addressed the Bench,
denying the charge, but he was fined 10s. and 4s. 6d. costs, or in default
seven days imprisonment.
Folkestone
Express 24-8-1872
Tuesday, August 20th: Before The Mayor, T.
Caister and J. Tolputt Esqs.
William Mowl, a lodging house keeper, was brought up in
custody on a charge of being drunk and riotous on Tuesday morning.
Prisoner, on being asked to plead, said he was not
riotous, and was not much worse or better for drink.
P.C. Ovenden said he was on duty in Harbour Street at a
quarter to one o`clock that morning when he heard a smashing of glass. He went
to the Clarendon Hotel, Tontine Street and found it was there. His attention
was called to prisoner, and he was requested to turn him out of the hotel,
which he did. Prisoner was drunk. Shortly afterwards he found prisoner shouting
and making a noise in the street, with a crowd of about fifty persons round
him. He advised him to go home, but he would not, and he took him into custody.
He had cautioned prisoner several times about getting drunk.
Prisoner, who appeared in Court without his coat, his
trousers slit from top to bottom, and his hat crushed, said he went into the
Clarendon and someone tore his coat off, and the landlord would not let him
come out. He ordered a bottle of ginger beer, and brandy was put into it
without his orders. He told the landlord his name and address, and said he
would pay for the drink. He intended to alter his conduct in future.
Mr. Caister said he had admonished prisoner several
times.
Fined 10s and 4s. 6d. costs, or seven days. Taken
below, but the money was afterwards paid.
Kentish Gazette
25-2-1873
On
Thursday at the Police Court Mary Bean, a married woman, was charged with
having stolen a glass, the property of William Warman, Providence Inn. The
prisoner was seen on Wednesday, by the servant, to leave the bar hurriedly, and
after her departure five glasses were missed. P.C. Smith afterwards apprehended
her with two glasses under her apron. Prisoner`s husband subsequently gave up a
glass to the police, which he said was not his. The prisoner admitted having
taken one glass, but said she only took one. The other was her own.
Mr.
Bateman, the chairman, told the prisoner that he had known her some years and
always believed her to be an honest woman, but the case had been clearly proved
against her. Considering it was her first offence, the Bench would deal
leniently with her. She would be committed to Dover Gaol for 21 days.
Folkestone
Express 24-5-1873
Notice
The Bankruptcy Act, 1869
In the County Court of Kent, holden at Canterbury
In the matter of proceeding for liquidation by an
agreement or composition with creditors instituted by Margaret Daniel, of the Clarendon
Hotel, Folkestone, Kent, widow, hotel keeper.
A dividend is intended to be declared in the above
matter.
Creditors who have not proved their debts by the 7th
day of June, 1873, will be excluded.
JOHN MINTER,
Folkestone,
Creditor for the Trustees.
Folkestone
Express 9-8-1873
The Bankruptcy Act, 1869
In the County Court of Kent, holden at Canterbury
A First Dividend of One Shilling and Sixpence in the
Pound has been declared in the matter of a special resolution for liquidation
by arrangement of the affairs of Margaret Daniel, of the Clarendon hotel,
Folkestone, Kent, hotel keeper, and will be paid by me at the offices of Mr.
John Minter, Solicitor, Folkestone, on or after the eighth day of August, 1873.
Dated this first day of August, 1873.
JNO. B. TOLPUTT,
Trustee.
Kentish Gazette
19-8-1873
Liquidation
Case: Margaret Daniel, hotel-keeper,
Folkestone, Kent; a first dividend of 1s. 6d. in the £ may now be received on
application to Mr. J. Minter, solicitor.
Folkestone
Express 27-12-1873
Wednesday, December 24th: Before The Mayor
and J. Tolputt Esq.
Ellen Hill was charged with being drunk and disorderly
in Tontine Street.
Prisoner, on being called to plead, said: I was not
drunk. I was only skylarking.
P.C. Keeler said he saw prisoner and some men and
prostitutes come out of the Clarendon Hotel about twelve o`clock on Tuesday
night. They stood talking in the street some time, and he desired them to
disperse. Prisoner was drunk and he told her to get away two or three times,
and as she refused and made use of bad language he locked her up.
Superintendent Wilshere said he saw the prisoner on the
steps of the Eagle public house about a quarter before nine on Wednesday night.
She was drunk and had her arms round a sailor`s neck and was kissing him. He
told her to go away, which she did.
Prisoner said: I was not tight, but only skylarking. I
had a glass or two on account of a young friend going to be married next day.
Fined 5s. and 5s. 6d. costs, or seven days` hard
labour.
As prisoner was being removed she turned to the Bench
and said “I wish you a merry Christmas and a happy New Year”.
Folkestone
Chronicle 14-2-1874
Saturday, February 7th: Before J. Kelcey, J.
Hoad, and R.W. Boarer Esqs.
Michael Hart, landlord of the Clarendon Hotel, and
William Johnstone, and Susan, his wife, were charged with wilful and corrupt
perjury.
Mr. Minter prosecuted, and Mr. Froggart, Argyle Street,
defended the prisoners.
Mr. Minter stated the case, the facts of which briefly
are, that Mr. Goldstein, who carries on business as a dealer in curiosities, in
High Street, married Mrs. Bertha Rapport, who carried on the business before,
and had dealings with Nathan Wolf Jacobson of London; but Goldstein denies that
he had any dealings with Jacobson, except on one occasion. After marriage there
was a disturbance at Goldstein`s shop, in consequence of Mrs. Jacobson asking
for an account she alleged was due to her – but according to law a husband is
not liable for debts contracted by his
wife before marriage. A writ for £394 was issued in October, on a judgement
given in the Court Of Common Pleas. The writ was stated to be served by John
Slater, which is denied, and Michael Hart made an affidavit that Slater had
served the writ. This is the perjury he is charged with.
Mr. Henry Hussey, clerk in the Court Of Common Pleas,
proved the filing of the affidavits.
In consequence of Mr. Wightwick, before whom the
affidavits were sworn, being out of town, the case was adjourned.
Folkestone
Chronicle 21-2-1874
Saturday, February 14th: Before R.W. Boarer,
J. Hoad, and J. Kelcey Esqs.
Michael Hart, Clarendon Hotel, was charged with having
committed wilful and corrupt perjury in a certain affidavit made before W.
Wightwick Esq., the Commissioner for taking oaths.
Mr. Minter for the prosecution, and Mr. E. Froggart,
Argyle Street, London, for the defence.
Mr. Wightwick deposed: I am a solicitor, practicing in
Folkestone, and also a Commissioner for taking oaths in all courts. The
affidavit produced was taken before me by Michael Hart, the defendant, on the
20th October, 1872, and signed by me. I duly administered the oath.
The caveat administered is in my writing.
By/ Mr. Froggart: I was consulted in September last by
a Mrs. Levi and Mrs. Johnson respecting an assault. I believe it was on the 24th
September.
Mr. Froggart was proceeding to cross-examine Mr.
Wightwick when Mr. Minter said: I submit that any information Mr. Wightwick may
have received can have no reference to the case of perjury.
Mr. Froggart: I have a right to bring out any material
facts. I have a greater latitude than Mr. Minter.
The Bench, by the advice of their clerk, allowed the
objection.
Mr. Froggart: I want to show that the writ had been
served. The writ was issued on September 19th.
Mr. Minter: I am surprised that Mr. Froggart should
want to, what I must call, impose on the Bench.
Mr. Froggart: I am entitled to show by
cross-examination that the writ had come to Goldstein`s knowledge. Upon what
principle the clerk has decided I do not know. I am proceeding according to all
practice. I shall put it in another form.
Cross-examination resumed: I saw two females, I think
Mrs. Levi and Mrs. Johnson, and they instructed me with regard to an assault. I
believe I took down memoranda in shorthand, but I have not kept them. They may
be destroyed. I have not searched for them.
Mr. Froggart: There having been a document which has
been destroyed, I have a right to take collateral evidence of the contents of
the document.
Mr. Wightwick: I decline to give any information as to
the contents of the document.
Mr. Froggart: I should ask the Bench to compel Mr.
Wightwick to answer my questions, because probably his clients do not object,
and Mr. Wightwick is not privileged. Mr. Froggart then quoted the law as
regards secondary evidence, and contended that he was entitled to prove what
were the contents of the document which was said to be lost or destroyed.
Mr. Wightwick: I ought to say for my own protection
that it is possible that the document is not destroyed, although it is probable
that it is. It was merely a memoranda of the assault.
Mr. Boarer: Our clerk has decided that the objection
must be allowed, and we do not see any reason to differ from him.
The Clerk: I advise that the memorandum would not be
admissible.
Cross-examination resumed: I attended on the summons
for assault being heard; I think Goldstein and his wife were present. I did not
say that proceedings against them had been taken by Jacobson; I heard that
there was a dispute, and that there were likely to be proceedings. I am in some
doubt as to whether they told me that proceedings had been taken.
Mr. Froggart: That is what I wanted to start with.
By Mr. Minter: Mrs. Jacobson said in court that she had
been to Mr. Goldstein`s to claim the goods of her husband.
Mr. Froggart: The evidence was taken down in writing,
and that would be better than parole evidence; it should be read right through.
Mr. Minter: I have not the slightest objection to the
notes being read.
Mr. Froggart: I will not trouble you to do so.
All witnesses were here ordered out of court.
Joseph Goldstein deposed: I carry on business at 34,
High Street, as Jeweller and Dealer in Curiosities. On the 22nd
September last my shop was closed all day, it being the Jewish New Year`s Day.
Two men were at work in the shop making alterations, which necessitated the
removal of the stock from the window. I was not on that day served with a copy
of a writ at the suit of Nathan Wolf Jacobson, by a man named Joseph Slater, or
any other person. At the time I was under a summons for an assault on Rose Levi
and Mrs. Jacobson, the summonses to be heard on the 24th September.
On Tuesday, 23rd September, I got up a little before 8 o`clock. The
workmen were there. After they had done I began to clean the shop, and put the
china in the window, and was occupied in doing so until seven in the evening,
when I went upstairs to clean myself, and at 8 o`clock I came up to the Town
Hall to a Japanese entertainment, and was there until nearly ten o`clock, when
I went home in company with my wife and her sister, and went to bed shortly
afterwards. I never called upon Michael Hart, the defendant, and never went to
his house in my life; I have never been in the Clarendon Hotel. I did not know
such a person as Michael Hart on the 23rd September last. I have
never spoken to Michael Hart in my life. I did not say to him on the 23rd
September “I have come about the business”. I did not say to him I was partly
related to Jacobson. I never mentioned the assault case and say to him “I am
sorry I lost my temper, and am willing to make any recompense”. He did not ask
me how much money I owed Jacobson. I did not show him the copy of a writ,
because I had none. I did not say I would agree to pay £10 or £12 per month. I
never spoke to defendant in my life. I never saw him in the Court Of Common
Pleas.
Mr. Froggart: I object to any evidence of anything
which took place anterior to the 23rd September. All Mr. Minter has
to do is to negative the allegation contained in the affidavit.
Mr. Minter: I am bound to do it by two witnesses, or by
circumstances which would corroborate what defendant has sworn, and should use
it as corroboration, defendant having sworn prosecutor offered to pay £10 or
£12 per month.
Mr. Froggart: I say you have no right to do so. If you
are going to give evidence of what took place in the Court Of Common Pleas, you
must produce the whole of the evidence as it was taken down in writing.
Mr. Minter: I will pass over that.
Examination resumed: About the 5th or 6th
October last I went on my journey to different towns in England, and whilst at
Exeter –
Mr. Froggart: This cannot be evidence against
defendant, if he was not present.
Mr. Minter: I am not going to ask as to any
conversation, but to show that in consequence of a communication prosecutor
came home and found the Sheriff`s Officer in possession. I want to show that no
writ was served on the 22nd September. It is not likely that
prosecutor would have left his business if there had.
Mr. Froggart: I submit that this is not evidence
against defendant.
The Clerk: I don`t think there can be any objection to
it.
Examination resumed: I was at Exeter on the 11th
October last, when a communication I received induced me to return to
Folkestone, and I got home on the 13th and found a Sheriff`s Officer
in possession of my house.
Cross-examined by Mr. Froggart: I first came to England
in November, 1871, from Cologne, where I was traveller for Peter Arnold Moom,
wine merchant. I left for a change. I lived at 7, Duke`s Place, Aldgate, for
about two months. I purchase my goods at different houses. I had about 300
thalers when I came to England. I travelled about Portsmouth and Southampton
with jewellery, and came to Folkestone in June, 1872. I first lodged at the
Chequers, Seagate Street. I went to Brighton, on and off, about six months. I
never was a glazier in my life. Was married to Mrs. Rapport on the 24th
July, 1873, at the Register Office, Whitechapel, and have got the marriage
certificate; am a Jew and my wife is a Jewess. Never got into difficulties. Was
never served with a writ, and don`t know what such a thing is, as I never saw
one. Never employed a solicitor before Mr. Minter; did not consult a solicitor
as to what property Mrs. Rapport had. Did not see Johnston on the 22nd
September. I was in the shop. It is about ten feet across to Johnson`s. Did not
see any goods delivered at Johnson`s on the 23rd September; was not
out of my wife`s sight all day; had my slippers on all day. It would take two
or three minutes to go from my house to defendant`s. Did not know defendant`s
house before. Had no conversation with Mrs. Jacobson, when she was alive,
before she was in my shop. She never told me who defendant was. Will swear
positively I never nodded to defendant when he passed. Mrs. Jacobson and Mrs.
Levi annoyed me in my shop. My wife owed money to Jacobson. I did not tell the
Sheriff`s Officer I would pay £10 or £12 per month; did not tell Alexander Bain
so. Was not in Alexander Bain`s presence at the Clarendon Hotel on the 23rd
September. He and a woman came to my shop to beg about six weeks before that
day. Have no ill feeling towards Johnson, although our shops are in opposition.
Mr. Rittish, of Dean Street, Soho, came to my shop before the Sheriff`s Officer
came in and said he had heard that Jacobson was suing me for money I owed him.
He went to Johnson`s when he left me. He told me he had heard I had been served
with a writ at the instance of Jacobson, and I told him it was not true. It was
just before I should have had the writ. He told me I should have an execution
in my house. I believe the execution came about a week after – about the 12th
October. I made a claim on the Bristol and Exeter Railway Company for delay of
goods and loss of time. The claim was £18 and I received £7 5s. My wife made a
claim of £9 on the South Eastern Railway six or eight months ago, but did not
get anything. The company did not refuse to pay because it was a fraudulent
claim.
Bertha Goldstein, prosecutor`s wife, corroborated, and
said she was not served with a copy of a writ on the 22nd September.
In cross-examination she said she received a letter
from a person named Davis, saying that her former husband, Rapport, died in
Sydney, Australia. On the 22nd September, she and her sister went to
hear the band play about three in the afternoon, and came home about a quarter
past five, and found her husband at home. Her husband was not out of her sight
all day on the 23rd of September. Mr. Rittish told her about a
fortnight before the execution came that he had received a letter from Johnson,
stating that they had been served with a writ. Had never seen a writ, and
should not know one if she saw it. A claim she made on the South Eastern
Railway for £4 10s. was not paid, on account of the package not being insured.
Claimed £4 10s. of Mr. Attwood for china broken by his fowls; received £3.
Esther Hockenstein, sister to prosecutor`s wife,
corroborated the two last witnesses in several particulars.
This was the case for the prosecution.
Alexander Bain said he lived at Belvedere House,
Sandgate, and was a professional musician. He was in defendant`s bar one
evening in September last, and to the best of his belief he saw prosecutor come
in and speak to defendant, who went out of the bar into the passage to him, and
they went into the coffee room together, where they remained a few minutes. It
was in the early part of the evening.
Witness was cross-examined at some length by Mr. Minter
as to his antecedents, and caused some amusement by his manner of answering the
questions put to him. He adhered to his statement that he saw prosecutor in the
Clarendon Hotel between tea and supper time, and was about three feet from him.
The Court was cleared, and on the re-admission of the
public some of the depositions were read over to and signed by the witnesses,
it being understood that the case would be sent for trial, but the whole of the
proceedings, including a charge of perjury against William Johnson, and Susan,
his wife, were adjourned to the forthcoming Saturday, it being stated that the
second case would take a very long time.
Folkestone
Express 21-2-1874
Saturday, February 14th: Before R.W. Boarer,
J. Hoad and J. Kelcey Esqs.
Michael Hart, Clarendon Hotel, was charged with having
committed wilful and corrupt perjury in a certain affidavit made before W.
Wightwick Esq., the Commissioner for taking Oaths.
Mr. Minter for the prosecution, and Mr. E. Froggart,
Argyle Street, London, for the defence.
Mr. Wightwick deposed: I am a solicitor, practicing in
Folkestone, and also a Commissioner for taking oaths in all Courts. The
affidavit produced was taken before me by Michael Hart, the defendant, on the
25th October, 1873, and signed by me. I duly administered the oath.
The jurat is in my writing.
By Mr. Froggart: I was consulted in September last by
Mrs. Levi and Mrs. Johnson, respecting an assault. I believe it was the 24th
September.
Mr. Froggart was proceeding to cross-examine Mr.
Wightwick, when Mr. Minter said: I submit that any information Mr. Wightwick
may have received can have no reference to the case of perjury.
Mr. Froggart: I have a right to bring out any material
facts; I have a greater latitude than Mr. Minter.
The Bench, by the advice of the Clerk, allowed the
objection.
Mr. Froggart: I want to show that the writ had been
served. The writ was issued on September 19th.
Mr. Minter: I am surprised that Mr. Froggart should
want to, what I must call, impose, on the Bench. If it is of any importance he
should call Mrs. Levi.
Mr. Froggart: I am entitled to show by
cross-examination that the writ had come to Goldstein`s knowledhe, upon what
principle the Clerk has decided I do not know. I am proceeding according to all
practice. I shall put it in another form.
Cross-examination resumed: I saw two females – I think
Mrs. Levi and Mrs. Johnson – and they instructed me with regard to an assault.
I believe I took down memoranda in shorthand, but I have not kept them; they
may be destroyed. I have not searched for them.
Mr. Froggart: There having been a document which has
been destroyed, I have a right to take collateral evidence of the contents of
that document.
Mr. Wightwick: I decline to give any information as to
the contents of the document.
Mr. Froggart: I should ask the Bench to compel Mr.
Wightwick to answer my question, because probably his clients do not object,
and Mr. Wightwick is not privileged. Mr Froggart then quoted the law as regards
secondary evidence, and contended that he was entitled to prove what were the
contents of the document which was said to be lost or destroyed.
Mr. Wightwick: I ought to say for my own protection
that it is possible that the document is not destroyed, although it is probable
that it is. It was merely a memorandum of the assault.
Mr. Boarer: Our Clerk has decided that the objection
must be allowed, and we do not see any reason to differ from him.
The Clerk: I advise that the memoranda would not be
admissible.
Cross-examination resumed: I attended on the summons
for assault being heard; I think Goldstein and his wife were present. I did not
say that proceedings had been taken against them by Jacobson; I heard that
there was a dispute and that there were likely to be proceedings. I am in some
doubt as to whether they told me that proceedings had been taken.
Mr. Froggart: That is what I wanted to start with.
By Mr. Minter: Mrs. Jacobson said in Court that she had
been to Goldstein`s to claim the goods belonging to her husband.
Mr. Froggart: The evidence was taken down in writing,
and that would be better than parole evidence; it should be read right through.
Mr. Minter: I have not the slightest objection to the
notes being read.
Mr. Froggart: I will not trouble you to do so.
All witnesses were ordered out of Court.
Joseph Goldstein deposed: I carry on business at 34,
High Street, as jeweller and dealer in curiosities. On the 22nd
September last my shop was closed all day, it being the Jewish New Year`s Day.
Two men were at work in the shop making alterations, which necessitated the
removal of the stock from the window. I was not on that day served with a copy
of the writ, at the suit of Nathan Wolf Jacobson, by a man named Joseph Slater
or any other person. I do not know such a person as Joseph Slater. At that time
I was under a summons for an assault on Rose Levi and Mrs. Jacobson, and took
out a cross-summons against Rose Levi for assault; also Mrs Jacobson, the
summonses to be heard on the 24th September. On Tuesday, 23rd
September, I got up a little before 8 o`clock. The workmen were there. After
they had done I began to clean the shop and put the china in the window, and
was occupied doing so until seven in the evening, when I went upstairs to clean
myself, and at 8 o`clock I came up to the Town Hall to a Japanese
entertainment, and was there until nearly ten o`clock, when I went home in
company with my wife and her sister, and went to bed shortly afterwards. I
never called upon Michael Hart, the defendant, and never went to his house in
my life. I have never been in the Clarendon Hotel. I did not know such a person
as Michael Hart on the 23rd September last. I have never spoken to
Michael Hart in my life. I did not say to him on the 23rd September
“I have come about that business”. I did not say I was partly related to
Jacobson. I never mentioned the assault case and say to him “I am sorry I lost
my temper, and am willing to make any recompense”. He did not ask me how much I
owed Jacobson. I did not show him a copy of a writ, because I had none. I did
not say I would agree to pay £10 or £12 per month. I never spoke to defendant
in my life. I never saw him in the Court of Common Pleas.
Mr. Froggart: I object to any evidence of anything
which took place anterior to the 23rd September. All Mr. Minter has
to do is negative the allegation contained in the affidavit.
Mr. Minter: I am bound to do it by two witnesses, or by
circumstances which would corroborate what defendant has sworn, and should use
it as corroboration, defendant having sworn prosecutor offered to pay £10 or
£12 per month.
Mr. Froggart: I say you have no right to do so. If you
are going to give evidence of what took place in the Court of Common Pleas you
must produce the whole of the evidence as it was taken down in writing.
Mr. Minter: I will pass over that.
Examination resumed: About the 5th or 6th
October last I went on my journey to different towns in England, and whilst at
Exeter –
Mr. Froggart: This cannot be evidence against defendant
if he was not present.
Mr. Minter: I am not going to ask as to any
conversation, but to show that in consequence of a communication, prosecutor
came home and found a Sheriff`s Officer in possession. I want to show that no
writ was served on the 22nd September. It is not likely that
prosecutor would have left his business if there had.
Mr. Froggart: I submit that this is not evidence
against defendant.
The Clerk: I don`t think there can be any objection to
it.
Examination resumed: I was at Exeter on the 11th
October last when a communication I received induced me to return to
Folkestone, and I got home on the 13th and found the Sheriff`s
Officer in possession of my house.
Cross-examined by Mr. Froggart: I first came to England
in November, 1871, from Cologne, where I was traveller for Pater Arnold Moom,
wine merchant; I left for a change. I lived at 7, Duke`s Place, Aldgate, about
two months. I purchase my goods at different houses. I had about 300 thalers
when I came to England. I travelled about Portsmouth and Southampton with
jewellery, and came to Folkestone in June, 1872. I first lodged at the
Chequers, Seagate Street. I went to Brighton, on and off, about six months. I
never was a glazier in my life. Was married to Mrs. Rapport on the 24th
July, 1873, at the Register Office, Whitechapel, and have got the marriage
certificate; am a Jew, and my wife is a Jewess. Never got into difficulties.
Was never served with a writ, and don`t know what such a thing is, as I never
saw one. Never employed a solicitor before Mr. Minter; did not consult a
solicitor as to what property Mrs. Rapport had. Did not see Johnson on the 22nd
September. I was in the shop; it is about ten feet across to Johnson`s. Did not
see any goods delivered at Johnson`s on the 23rd September; was not
out of my wife`s sight all day. It would take two or three minutes to go from
my house to defendant`s; did not know defendant`s house before. Had no conversation
with Mrs. Jacobson when she was alive before she came into my shop; she never
told me who defendant was. Will swear positively I never nodded to defendant
when he passed. Mrs. Jacobson and Mrs. Levi annoyed me in my shop. My wife owed
money to Jacobson. I did not tell the Sheriff`s Officer I would pay £10 or £12
per month; did not tell Alexander Bain so. Was not in Alexander Bain`s presence
at the Clarendon Hotel on the 23rd September. He and a woman came to
my shop to beg about six weeks before that day. Have no ill feeling towards
Johnson, although our shops are in opposition. Mr. Rittish, of Dean Street,
Soho, came to my shop before the Sheriff`s Officer came in, and said he had
heard that Jacobson was suing me for money I owed him; he went to Johnson`s
when he left me. He told me he had heard I had been served with a writ at the
instance of Jacobson, and I told him it was not true. It was just before I
should have had the writ. He told me I should have an execution in my house; I
believe the execution came the week after – about the 12th October.
I made a claim on the Bristol and Exeter Railway Company for delay of goods and
loss of time; the claim was £18, and I received £7 5s. My wife made a claim of
£9 on the South Eastern railway six or eight months ago, but did not get
anything. The Company did not refuse to pay because it was a fraudulent claim.
Bertha Goldstein, prosecutor`s wife, corroborated, and
said she was not served with a copy of a writ on the 22nd September.
In cross-examination she said she received a letter
from a person named Davis, saying that her former husband, Rapport, died in
Sydney, Australia. On the 2nd September she and her sister went to
hear the band play about three in the afternoon, and came home about a quarter
past five and found her husband at home. Her husband was not out of her sight
all day on the 23rd September. Mr. Rittish told her a fortnight
before the execution came that he had received a letter from Johnson stating
that they had been served with a writ. Had never seen a writ, and should not
know one if she saw it. A claim she made on the South Eastern Railway for £4
10s. was not paid on account of package not being insured. Claimed £4 10s. of
Mr. Attwood for china broken by his fowls; received £3.
Esther Hockenstein, sister to prosecutor`s wife,
corroborated the last two witnesses in several particulars.
This was the case for the prosecution.
Mr. Froggart, having addressed the Bench, called
Alexander Bain, who said he lived at Belvedere House, Sandgate, and was a
professional musician. He was in defendant`s bar one evening in September last,
and, to the best of his belief, saw prosecutor come in and speak to defendant,
who went out of the bar into the hotel passage to him, and they went into the
coffee room together, where they remained a few minutes. It was in the early
part of the evening.
Witness was cross-examined at some length by Mr. Minter
as to his antecedents, and caused some amusement by his manner of answering the
questions put to him. He adhered to his statement that he saw prosecutor in the
Clarendon Hotel between tea and supper time, and was about three feet from him.
The Court was cleared, and on the re-admission of the
public some of the depositions were read over to and signed by the witnesses,
it being understood that the case would be sent for trial; but the whole of the
proceedings, including a charge against William Johnson and Susan, his wife,
were adjourned to the following Saturday, it being stated that the second case
would take a very long time.
Folkestone
Chronicle 28-2-1874
Saturday, February 21st: Before J. Kelcey,
R.W. Boarer and J. Hoad Esqs.
Michael Hart, landlord of the Clarendon Hotel, was
called up on remand, charged with committing wilful and corrupt perjury in a
certain affidavit, made before Mr. Wightwick.
The depositions having been read over of the evidence
given at the last hearing of the case, the defendant was fully committed for
trial at the next Assizes, bail being accepted, himself in £50, and two other
sureties of £35 each.
Joseph Johnson, curiosity dealer, of High Street, and
his wife, Susan, were then charged with committing wilful and corrupt perjury
in certain affidavits they had made.
Mr. Minter prosecuted, and Mr. Froggart, of Argyll
Street, London, defended.
Mr. Minter explained the facts of the case, and said he
should clearly prove that Mr. Johnson and his wife, who swore that they saw
writs served on the defendant, had committed serious perjury. This was a case
that should be dealt with most seriously, because nothing could be a greater
injury to a man than to have a false affidavit sworn against him. There was no
doubt that Johnson, who kept a shop, and the same kind of business as
Goldstein, had an animus against his client, and hoped to get rid of him by
swearing in that false manner. The man Slater, who alleged he had served the
writs, would most likely be brought up for perjury, and he would carefully
cross-examine him when he came into the box.
The first witness called was Henry Hussey, clerk to the
Court Of Common Pleas, who produced the affidavits.
Mr. Wightwick deposed as to having taken the
affidavits.
Joseph Goldstein, sworn, said: I carry on business at
35, High Street, Folkestone, as a jeweller and china dealer. On the 22nd
of September last I arose about half past seven. It was the Jewish New Year`s
Day. My shop was shut. There was a person named Lepper, a carpenter, working in
my shop. I went into my shop about 8 o`clock, and was there the whole day until
7 o`clock, excepting dinner time at noon, and tea time at half past 5 o`clock.
I went upstairs to my meals. There is only one entrance to my shop, and that is
through the shop door. When I left my shop in the evening, I went upstairs. My
wife and sister-in-law were there. They were there also when I went to dinner
and tea. After 8 o`clock we all left and went to the Town Hall, to the
entertainment given by the hand bell ringers. We came home again at 10 o`clock.
I do not know John Slater. He, nor anybody else, served me with a writ on the
22nd of September. On that day I did not come to my door and open
the copies of writs, and look at them.
Cross-examined by Mr. Froggart: Lepper came at 8
o`clock, and he went out at 12 o`clock. He returned again at 1 o`clock. I shut
the shop doors so that it was closed during that time, so that when Lepper came
back he had to ring. He was making a table, a door, and a window. The shop
shutter were closed the whole time, and he worked by the light from the door. I
never had any transaction with Jacobson. (Evidence read that witness purchased
a clock for £12.) My wife purchased it. I have never given any cheque in favour
of Jacobson.
John Huson Lepper, sworn, said: I live in Dover Street,
Folkestone, and am a carpenter. Up to the 23rd of September last I was
in the employ of Mr. J. Bowley. On the 22nd of September I went to
Goldstein`s place to work. It was the day of the Hand Bell Ringers
entertainment at the Town Hall. I was ticket collector there. I went to
Goldstein`s shop at eight, and continued there until twelve. I left and then
returned at one; I left at half past five, and returned at six, and worked
until seven. Goldstein was in the shop the whole time. No-one came in the shop;
if they had I should have seen them. I left at seven o`clock, and saw Mr. and
Mrs. Goldstein at the Town Hall in the evening; I showed them to their seats.
Cross-examined by Mr. Froggart: I am in Mr. Saunders`
employ. I left Mr. Bowley because of the slackness of trade, and because I
refused to do some work. I fix the day because of the Hand Bell Ringers. I was
spoken to about this subject by Mr. Minter on October 18th. I was
doing a long table and shelves. I worked by the light of the door. I will not
swear that Goldstein did not go to the door; I did not see him. I did not see
Mr. Johnson, or any goods delivered there.
Re-examined by Mr. Minter: The shop is very small, and
the door is at the end of it. If any stranger had come in I should have seen
him. No-one came in whilst I was there.
Mrs. Goldstein, sworn, said: I am wife of Mr.
Goldstein. On the 22nd of September I dined in the room over the
shop between twelve and one; knew there was a man working downstairs. My
husband was upstairs to dinner, and he came between fix and six to tea, and at
eight o`clock he took me to an entertainment at the Town Hall. (Witness gave
some further evidence corroborating her husband`s statements).
Cross-examined by Mr. Froggart: In the Jewish law, my
marriage with Rapport is illegal. I was married eight years ago. Rapport is in
Australia; I was told by a man, Davidson, that he was dead. Do not know where
he lives. I purchased a clock of Jacobson for £12, for which I paid him by
cheque.
Esther Hawkenstein, substantiating much of the evidence
of the previous witnesses, was not cross-examined.
Mr. Froggart, in defence, said that he intended to call
evidence that would quite rebut the statements that had been made. He would
prove that the writ was served. How could Lepper tell when the shutters on the
shop were up who was talking to Goldstein at the door, or whether anyone served
him with a writ? If he was minding his work he could not know of such a
trifling transaction as whether Goldstein during the day had or had not met
anybody. Mr. Hart would produce a letter which would plainly show that Mrs.
Goldstein did tell him that she would pat £10 a month, for Mr. Hart wrote to
that effect to Mr. Jacobson. He submitted to the bench the advisability of not
sending this miserable case for trial, as it arose out of nothing else but
miserable personal spite and jealousy.
John Slater said: I live at 34, Union Street, Middlesex
Hospital Road. In the month of September last I had to bring some goods from
Jacobson to Johnson. The bill produced is dated 20th September, when
I saw Johnson and gave him the goods and the bill. I had two writs against
Goldstein and Rapport. I did not know Goldstein then. I saw Johnson at the
Prince Albert, and from there I went to Goldstein`s shop in High Street. The
shutters were shut up, but the door was open. I saw Goldstein in the shop,
smoking a cigar, and a man at work on a shop board. Lepper was the man. I spoke
to Goldstein and said “Here are two writs at the suit of Mr. Jacobson”. He
called “Bertha” twice. I then went straight down the street to the Prince
Albert.
Cross-examined by Mr. Minter: I gave the two copies of
writs to Mr. Goldstein. He called “Bertha”, but I did not wait to see whether
she came; I left the shop. Mr. Jacobson gave me the writs to serve. I have been
in his employ for eight years as a foreman cabinet maker. I also act as a
packer. I did some work seven months ago. I knew I was to serve writs, and I
made an affidavit afterwards. The affidavit is not false when it says I served
Mr. Goldstein with a writ, because Mr. Goldstein called “Bertha”. About a
quarter to five I believe I saw Mrs. Goldstein go into the shop. Her sister was
with her. When I came into the shop she was going upstairs. I went two or three
feet in the shop. I did not see her sister then. I walked out of the shop
without waiting to see her come back. I came from Dover by the four o`clock
train, and went to the Prince Albert Inn. I waited there till half past four
o`clock. I sent the landlord of the inn for Johnson to recognise Mr. Goldstein.
Johnson did not point out Goldstein to me on Saturday. I did not serve the
writs on Saturday because it was half past six o`clock. I did not wish to see
Mrs. Rapport, because I thought she would bias me. When we came to the Prince
Albert, Johnson, myself, and the landlord had a glass of ale each. I never saw
Johnson before there. I never lost sight of Johnson after we left the Prince
Albert.
Re-examined by Mr. Froggart: Johnson went on first when
we left the Prince Albert. He went into his shop, then came out and met me, and
pointed out Goldstein.
Examined by the Bench: What I meant by bias towards
Mrs. Rapport, was that I thought she would try to get me to compromise the
matter.
Mr. Boarer: I don`t understand you.
Mr. Froggart: I am afraid he has used a word he does
not understand. (Laughter)
Mr. Boarer: Perhaps so.
Mr. Snelling, landlord of the Prince Albert,
corroborated the evidence of the last witness.
John Surrey, bill poster, was the next witness called
by Mr. Froggart.
Surrey: Beg pardon, sir, but why have you called me?
Mr. Froggart: To give evidence
Surrey: Don`t know whether you are aware of it, but Mr.
Goldstein has called me to give evidence for him. (Laughter)
Mr. Froggart: Oh! Then I don`t want to have anything to
do with you. (Laughter)
Mr. Minter: Then I will
Surrey`s evidence went to prove that Mrs Goldstein, on
the afternoon of the 22nd of September was in West Cliff Gardens,
some time between two and five, when the band was playing, but he being unable
to fix any definite time, his evidence was of no importance.
Michael Hart, landlord of the Clarendon Hotel, Tontine
Street, said that he had seen Goldstein previously to the 22nd of
September. He came to his house on the 23rd instant between 7 and 8
o`clock in the evening. He said “I am come about that business of Jacobson. I
am sorry I lost my temper the other day. Will you arrange it between me and
Jacobson?”. He (witness) said “What will you offer him?”. Goldstein replied “I
will pay £10 or £12 a month, and pay the expenses up to that time”.
Cross-examined by Mr. Minter: I was examined in
reference to Goldstein v Jacobson in the Court Of Common Pleas. I there swore
that Goldstein proposed to pay £10 or £12 a week, but it was a mistake on my
part, which I was not allowed to correct. I never spoke to Goldstein until he
came to my hotel. I should think it was between 7 and 8 o`clock. The Johnsons
have come to my place frequently.
Mr. Minter: I suppose you have talked about the case
many times?
Hart: Of course we have. Would not you? Goodness me!
There was nothing else to talk about. (Laughter)
Mr. Froggart: I believe you have no interest in
Goldstein?
Hart (excitedly): I have not a farthing interest in it.
I have not a half-farthing, a quarter of
a farthing, or the millionth fraction of a farthing`s worth of interest in the
case. (Laughter) I have had nothing but worry, bother, and torments since I
have been connected with it. I have lost time, peace, money, and everything
else over it.
Mr. Minter: Have you? Well, we shall see.
This was the case.
Mr. Minter said they did not intend to proceed against
Mrs. Johnson, because she was acting under the control of her husband.
The court was then cleared, and after about half an
hour had elapsed, re-opened.
The Chairman announced that the Bench had decided to
commit Johnson to the Assizes for wilful and corrupt perjury.
Bail was accepted.
Folkestone
Express 28-2-1874
Saturday, February 21st: Before R.W. Boarer,
J. Hoad, and J. Kelcey Esqs.
The charge against Michael Hart for having committed
wilful and corrupt perjury in a certain affidavit made before W. Wightwick
Esq., a Commissioner for taking oaths in the Court of Common Pleas and all
other Courts, which was adjourned from the previous Saturday, was resumed at
this sitting.
Before the commencement of the proceedings, Mr. Minter,
who appeared for the prosecutor, stated that he had received a telegram from
Mr. Froggart, who was engaged for the defence, stating that he could not arrive
in Folkestone before twelve o`clock; under these circumstances the case against
Johnson and his wife could go on, and the Bench could give Mr. Froggart an
opportunity of cross-examining the witnesses on his arrival, but he (Mr.
Minter) would leave the matter entirely in the hands of the Bench.
The charge against Hart was then completed, the depositions
being read over, and defendant having been duly cautioned, he said “I say I am
not guilty. I do not wish to call any witnesses except Alexander Bain, whose
depositions I wish to be sent with the others”.
Defendant was then formally committed for trial at the
Assizes, the prosecutor and witnesses being each and severally bound over in
the sum of £40 to appear at the Assizes.
Defendant then applied to be admitted to bail, to which
Mr. Minter made no objection.
The Bench fixed the amount of bail at £50 for the
defendant, and two others in £25 each, or one in £50.
Defendant: As all my worldly goods are in Folkestone,
would not my own bail do? I should have to sent to London for bail. There are
only those with whom I deal in Folkestone that I could ask, and I should not
like to have to do that. Mr. Froggart said my own bail would be taken.
The Clerk: The Bench did not say so.
The Bench said they had considered the question of bail
on the previous occasion, and could not alter their decision.
Joseph Johnson, dealer in works of art, 47, High
Street, and Susan, his wife, were then charged with having committed wilful and
corrupt perjury in a certain affidavit made by them.
Johnson produced a telegram from Mr. Froggart, saying
that he could not arrive until twelve o`clock, in which he made no objection to
the cases going on.
Mr. Minter remarked that he had also received a
telegram from Mr. Froggart to proceed with the cases.
Mr. Kelcey remarked that the defendants could not lose
anything by such a course being adopted.
Mr. Minter said he would at once submit to an
adjournment if the Bench thought it necessary.
It was then decided to go on with the cases, all
witnesses being ordered to leave the Court.
Mr. Minter then opened the case by saying that it was a
charge against Joseph Johnson of committing wilful perjury on the 20th
October, 1873, in an affidavit made in the case of Jacobson v Rapport and
Goldstein. The affidavit was made on the same day and was in reference to the
same case as that to which the defendant in the previous case referred, and
therefore he did not think it necessary that he should go into all the
particular circumstances of the case. The affidavit was made with a view to
convince the Judge in the Court of Common Pleas that copies of a writ had been
served on Goldstein and his wife; but if the writs had been served, was it
likely, he would ask, that Goldstein would have gone away from home immediately
afterwards, and have left an execution to be put into his house in his absence?
He would reming the Bench that defendant was in the same trade as Goldstein,
and he did not hesitate to say that the inference to be drawn was that there
was a case of perjury and gross conspiracy in order that a rival in trade might
be got rid of, and defendant made a false affidavit, knowing at the time it was
false. There was no doubt that a conspiracy was entered into, as he should show
that a communication was made by defendant to a London dealer to the effect
that Goldstein was in trouble, no doubt with a view to getting him to come down
upon him and then bring a crush upon him. The affidavit stated that Johnson
knew one John Slater, of 7, Charlotte Place, Good Street, London, in the employ
of Jacobson, and that Slater served copies of the writs. The affidavit was to
the following effect; that Slater called at defendant`s on Saturday, 20th
September, and delivered some china, and informed him that he had to deliver a
writ on Goldstein, and asked Johnson to point him out, as he did not know him.
The affidavit went on to say that Johnson met Slater in High Street on Monday,
22nd September, he (Slater) having at the time the copies of the
writs in his hand and that they walked down High Street together; that Johnson
saw Goldstein standing at his shop door and he told Slater it was him, and that
Goldstein turned round and went into his shop. Slater thn crossed the road and
handed to Goldstein, who was just inside his shop door, copies of the writs.
The assignment of perjury was that Johnson swore he saw Slater deliver the
writs to Goldstein. As to whether Johnson and Slater went down High Street
together he did not care; the material point was whether Slater went into
Goldstein`s shop and delivered copies of the writs to him. The affidavit went
on to say that Goldstein took the copies of the writs, looked at them, and then
called out “Bertha”, and Slater went away. Mr. Mintr then went on to say that
he would call attention to what Slater must have sworn before the judgement
against Goldstein was signed in the Court of Common Pleas. He must have sworn
that he formally served copies of the writs on Joseph and Bertha Goldstein, and
the inference was that he had committed perjury by putting on the files of the
Court an affidavit that he had served copies of the writs. It happened, in the
interests of justice, that the day on which Slater alleged that he served the
writs was a Jewish holiday, and Goldstein`s shop was closed, and a carpenter
was at work in the shop the whole of the day except the dinner and tea hours,
and he should be able to show from his evidence that the affidavit was an
entire fabrication when it stated that Johnson saw Slater go into Goldstein`s
shop and serve him with copies of the writs, and the question of whether Mrs.
Goldstein was served or not did not come into the case. He should show by the
evidence of Goldstein and Lepper, the carpenter, that no writs were served. No
hour was mentioned as to when the writs were served, and the question arose why
Slater did not serve the writs on the Saturday, as he was in Folkestone on that
day, and why should they have a man all the way from London, when the writs
might have been served by a solicitor in Folkestone? In consequence of no hour
being named it became necessary to account for every hour of Goldstein`s time
on the 22nd September, which he could do from seven in the morning
to ten at night. Slater had chosen to enter into a communication with Lepper to
try to get him to recognise him, but fortunately they would be able to prove
that Slater was never at the place. It might be said that Goldstein was an
interested witness, and that for his own protection he had taken those
proceedings, but that ought not to affect his credibility. He had taken
proceedings against a gross conspiracy, and there was no medium course in the
matter. If Johnson had simply said that Slater had told him he had served the
writs, the case would have been different, but he went beyond that and said “I
saw the writs served” and went into details. The writs were issued on the 19th
September, and as it was known that the claim would be defended, and that other
proceedings would come on, they got a witness to say he saw the writ served.
The Bench were asked to believe that Goldstein took the writs, and quietly went
away from home soon after and allowed a judgement to go against him. His
friend, Mr. Froggart, had made an observation that it was to be hoped that the
Borough would not be put to the expense of sending the case to Maidstone, but
he was quite sure that such a consideration would not enter into the minds of
the Magistrates.
Mr. Henry Hussey, Clerk in the Court of Common Pleas
produced the affidavit filed by Slater on the 2nd October; also one
filed by defendant on the 20th October.
Mr. Wightwick produced the affidavit sworn before him
by defendant on the 20th October, and signed in his presence.
Joseph Goldstein, the prosecutor, was then sworn, and
deposed: I am a jeweller and china dealer, carrying on business at 34, High
Street, in this town. On Monday, 22nd September last i rose about
half past seven. It was the Jewish New Year, and therefore a holiday, and my
shop was shut. I had a person named John Hewson Lepper at work in my shop; he
came a little after ten in the morning. I went into the shop at eight o`clock,
and was there until evening, except when I went upstairs to dinner and tea at
twelve and half past five.
(Mr. Froggart came into Court at this stage of the
proceedings)
Examination continued: I had to go through a door at
the back of the shop to go upstairs, there being only one entrance into the
house through the shop. I went upstairs at seven in the evening. My wife and
sister-in-law were upstairs. At eight o`clock we all came to the Town Hall to
hear the Bell Ringers, and went home a little after ten. I do not know John
Slater, and neither he nor any other person served a writ on me on the 22nd
September last. I did not come down into my shop on that day and open copies of
writs and look at them.
Cross-examined by Mr. Froggart: Lepper came a little
after ten and went out at twelve and returned at one; I was upstairs during
that time. I shut the shop door when I went upstairs, so that it was closed
from twelve to one o`clock, and I had not opened it before Lepper came back. He
was making a table and a shelf and altering the window in the kitchen. The shop
shutters were up the whole of the time. He worked by the light that came from
the door being open. I am not quite sure whether the gas was lighted in the
evening. I did not know Jacobson until he brought a clock on the 20th
August. My wife paid for it. I never gave him a cheque in my life.
John Hewson Lepper deposed: I am a carpenter, living at
29, Dover Street. I was in the employ of Mr. John Bowley, builder, on the 23rd
September; know th day because the Handbell Ringers were here, and I was ticket
collector for them in the evening at the Town Hall. I went to Goldstein`s shop
in the morning, and continued working there until twelve o`clock, when I went
to dinner, and returned at one; left again at half past five and returned at
six and worked till seven. Goldstein was in the shop the whole of the time I
was there. During the time I was there, no person came into the shop; if there
had been anyone I should have seen him. I showed Goldstein, his wife, and a young
lady to their seats in the Town Hall at eight in the evening.
By Mr. Froggart: I work for Mr. Saunders now and
entered his employ last Monday. I went to work for Mr. Holdem previously. I
left Mr. Bowley`s service because he wanted me to go with a horse and cart;
left on my own accord; he did not discharge me. I was first spoken to about
this case on the 18th October when Mr. Minter spoke to me about it.
There might have been one shutter down when I was at work; I did not have the
gas lit. Goldstein worked with me in the shop; did not notice him going to the
door; did not hear him call “Bertha”, but will not swear he did not. I did not
go to the door at all.
Re-examined: The shop is a little more than half the
size of the Police Court; the door is at one end of the shop. If any stranger
had come in I must have seen him. I am sure no person came into the shop during
the time I was there. I am quite sure.
Bertha Goldstein, prosecutor`s wife, deposed: On
Monday, 22nd September, we dined upstairs between twelve and one. A
man was working in the shop and my husband came upstairs to dinner. We had tea
between five and six o`clock. He came upstairs again a little before eight in
the evening, and I and my sister went with him to an entertainment at the Town
Hall, and returned home a little after ten, and then went to bed. During the
time my husband was in the shop he was not served with any papers or writs.
By Mr. Froggart: I was married to Rapport by the Jewish
law in London about eight years ago, and afterwards found that the marriage was
illegal, and was married in my maiden name to Goldstein. A man named Davis
informed me that Rapport was dead; I do not know his address. On the 22nd
September I was in the front room upstairs nearly all day; did not look out of the
window; did not see Mr. and Mrs. Johnson that day. Purchased a clock of
Jacobson for £12 15s. He came to the shop and I gave him a cheque for the
amount in my own name. The cheque was honoured and returned to me. I had then
changed my banking account into the name of my husband, but was entitled to
writ cheques as well as my husband.
Esther Falkenstein deposed: I live with Goldstein and
was on the premises on the 22nd September, and saw him on that day
at twelve o`clock, and at tea about half past five. He got up about seven in
the morning, or a little after. I saw Lepper leave about twelve and Goldstein
went down and fastened the door. He went to the Town Hall about eight and
returned a little after ten. During the time Goldstein was in my company he was
not served with a writ, or any paper, and no-one came into the shop.
This was the case for the prosecution.
Mr. Froggart, in addressing the Bench for the defence,
said the case was different from that of Hart`s. He should disprove entirely
what the witnesses had sworn. With the exception of Lepper they were three
prejudiced witnesses. As for Lepper`s evidence, it did not go for very much. He
was at work in the shop, and Goldstein might have gone to the door, and might
have gone outside. Lepper was attending to his work, so that much reliance
could not be placed on his evidence, and nothing would have been easier than
for Slater to have given Goldstein the copies of the writs without Lepper
seeing him. No doubt Goldstein`s object originally was to prevent Johnson from
proceeding with the action. He trusted that after the Bench had heard the
evidence for the defence they would not put the Borough, defendant, and
everybody else to the expense of a trial. Slater would swear that he served
copies of the writs, and Michael Hart would swear that Goldstein showed him
copies of the writs
He then called John Slater, who said: I am a foreman
cabinet maker, living at 24, Union Street, Middlesex. In the month of September
last I had some goods to bring to Johnson from Jacobson; I believe it was on
the 20th September. I saw Johnson on that day. I had two writs with
me against Joseph Goldstein and Bertha Rapport; did not know Goldstein before
then. On the 22nd I saw Johnson at the Prince Albert Inn, and went
from there to Goldstein`s, which is opposite Johnson`s. Goldstein`s shutters
were up; saw Goldstein just inside the shop door. The witness Lepper was at
work there. I saw Goldstein standing there, and said to him “I have two writs
at the suit of Jacobson” and gave Goldstein the two writs and he called
“Bertha” twice.
By Mr. Minter: I did not wait to see if Mrs. Goldstein
came downstairs. Mr. Jacobson gave me the writs to serve. I am in his employ
and have been eight years foreman cabinet maker. Jacobson does cabinet making
and employs cabinet makers; I also acted as packer in the shop; did some
cabinet work about seven months ago. I made an affidavit of the service of the
writs; did not serve Goldstein`s wife with a writ. He called “Bertha”. The
affidavit I made is not false. I saw her go in, but did not give the writ into
her hand; it was before five o`clock. I left Dover about four o`clock, and when
I got to Folkestone I went to the inn; it might be about a quarter to five. I
saw Mrs. Goldstein coming down the street and her sister with her. She was
going upstairs when I went in; I saw her go up. I went two or three feet into
the shop; did not see her sister at that time; saw Mrs. Goldstein go upstairs
as I gave the writs to Goldstein; did not wait till she came back. When I got
to the Prince Albert I sent the landlord to fetch Johnson; the landlord came
back first; sent for Johnson to recognise Goldstein. He did not point him out
on Saturday. Did not serve the writs on Saturday, because it was half past six.
The shop was open and I saw Goldstein there; did not see his wife. Johnson told
me it was Goldstein. I sent for Johnson because I did not want to see Mrs.
Rapport, because the shop was shut, being a holiday. I expected to be biased by
Mrs. Rapport; I was afraid she would bias me. (On Mr. Minter asking witness
what he meant by being biased, he explained, with some hesitancy, that he
thought, as she knew him, she would ask him to intercede with Jacobson for
her).
William James Snelling, Prince Albert Inn, said: The last
witness, Slater, was stopping at my house on the 20th September, and
on the 22nd he was at my house. He came in the afternoon and asked
me to send for Johnson, and Johnson came a few minutes after I came back. I
heard Slater say he had come down to serve a writ and saw him show the writ to
Johnson, and he showed me the writ on Sunday morning. I have no interest in
giving evidence.
By Mr. Minter: Johnson asked me if I would come here
today if I was wanted. I know it was the 20th September, because it
was Dover Election on Monday. There was £390 written on the writ Slater showed
me on Sunday.
John Surrey, bill poster, was then called, but before
he gave his evidence he said he had been asked to give his evidence on behalf
of Goldstein.
Mr. Froggart: I am glad you have said so.
By Mr. Minter: I saw Mrs. Goldstein in West Cliff
Gardens when the band was playing on the 22nd September. I cannot
say whether it was from two to four or three to five. I was surprised to see
Mrs. Goldstein there.
By Mr. Froggart: A young lady was with her. I would not
swear I saw Mrs. Goldstein there.
Michael Hart, Clarendon Hotel, deposed: I know
Goldstein and his wife by sight; had seen him several times previous to the 23rd
September; up to that time we had only nodded. On the 23rd September
he came to my house between seven and eight o`clock in the evening and said “I
have come about that business of Jacobson`s. I am sorry I lost my temper the
other day. Don`t you think you can arrange matters between Jacobson and me?”
Those might not have been his exact words, but they were to that effect. I said
“Suppose I do write to Jacobson, what amount are you prepared to offer him?” He
replied “I will give £10 or £12 per month, and pay all expenses up to this
time”. He then showed me what appeared to be two copies of writs and said “You
see these; I don`t want to be turned out of my house and home in consequence of
these”. In consequence of what he said, I wrote that letter (referring to one
in Mr. Froggart`s hand)
Mr. Minter objected, and said if any person had
received the letter the envelope ought to be produced, or the letter could not
be evidence.
Mr. Froggart: It is necessary to prove that Hart wrote
the letter, and he is the proper person to prove it. He has the right to swear
that he wrote it. It is only a fact.
The Clerk: Are you going to call Jacobson to prove that
he received it?
Mr. Froggart: It is addressed to W. Jacobson.
Mr. Minter: I object to such evidence.
The Clerk: It would be premature if you do not prove it
has been received. If it was not sent it might be written for a purpose. I
advise the Bench to exclude it.
Examination resumed: I did write a letter in
consequence of the interview with Goldstein. I was examined in the Court of
Common Pleas in the case Jacobson v Goldstein, and swore that Goldstein had
promised to pay £10 or £12 a week, which was a mistake on my part, and I was
not allowed to correct it. At the time Goldstein called on me there was an
assault case to come on next day, but I was too busy to come to hear it. I
never spoke to Goldstein before he came to the hotel to me. I am not sure about
the hour at which he called, but, to the best of my recollection it was between
seven and eight in the evening. I have spoken to Johnson about the case. He may
have been in my house twice a week since, and we have talked about the case.
By Mr. Froggart: It is not a farthing or a millionth
part of one interest to me, but has been a great amount of worry and trouble to
me.
Defendant was then formally committed for trial at the
Assizes.
Mr. Froggart asked the Bench to take defendant`s own
recognisance, but they declined to alter their decision, and required the
defendant to be bound in his own recognisance of £50 and two in £25 or one in
£50.
The Bench then adjourned to three o`clock, at which
hour bail was accepted and the prosecutor and witnesses bound over.
The charge against Mrs. Johnson was withdrawn.
Southeastern
Gazette 28-2-1874
Local News
The
charges of wilful and corrupt perjury against Michael Hart, Clarendon Hotel,
and Joseph Johnson, (dealer in works of art), and Susan his wife, have caused
considerable excitement in the town, in consequence of the exceedingly
contradictory nature of the evidence. After several adjournments Hart and
Johnson have been committed for trial at the assizes, bail to the amount of £100 in each case being accepted. The
case against Mrs. Johnson was withdrawn. On the one hand a man named John
Slater swears positively that he served copies of writs on Joseph Goldstein,
and Michael Hart swore that Goldstein showed him copies of the writs, and asked
him to intercede for him with the person who issued the writs. An innkeeper
with whom Slater stayed stated that he saw copies of two writs in Slater’s hand
the day before they were alleged to have been served. On the other hand
Goldstein and his wife swear that they have never been served with the writs,
so that there is hard swearing on both sides, and the result of the trials at
the assizes is looked forward to with great interest.
Kentish Gazette
3-3-1874
The
charges of wilful and corrupt penury against Michael Hart, Clarendon Hotel, and
Joseph Johnson, dealer in works of art, and Susan, his wife, have caused considerable
excitement in the town, in consequence of the
exceedingly contradictory nature of the evidence. After several adjournments Hart
and Johnson have been committed for trial at the assizes, bail to the amount of
£100 in each case being accepted. The case against Mrs. Johnson was withdrawn.
On the one hand a man named John Slater swears positively that he served copies
of writs on Joseph Goldstein, and Michael Hart swore that Goldstein showed him
copies of the writs, and asked him to intercede for him with the person who
issued the writs. An innkeeper with whom Slater stayed stated that he saw
copies of two writs in Slater’s hand the day before they were alleged to have
been served. On the other hand Goldstein and his wife swear that they have
never been served with the writs, so that there is hard swearing on both sides,
and the result of the trials at the assizes is looked forward to with great
interest.
Folkestone
Chronicle 14-3-1874
Kent Spring Assizes
Michael Hart, of the Clarendon Hotel, Folkestone, surrendered
to his bail to answer a charge of having committed wilful perjury at Folkestone
on October 20th, 1873. Mr. Dering appeared for the prosecution. Mr.
Willoughby defended the prisoner.
The facts of this complicated case have already been
published. The following additional evidence was called.
William Swain, beer and eating house keeper, Tontine
Street, Folkestone, next door to the Clarendon, deposed that in the latter part
Sept. last year he saw Hart and Goldstein in conversation together at the door
of Hart`s hotel. He saw them on two occasions, each occasion within a day or
two of the other. Once it was about 11 in the morning; on the other occasion it
was in the evening. Witness was subpoenaed in consequence of having talked of
the matter in his house, after the proceedings before the magistrates. He said
that Goldstein was a false speaking man, for having said he had not been to the
Clarendon, as he had seen him there.
John Surrey, Grace Hill, Folkestone, said he was
outside Goldstein`s house in the month of September, posting the bills for the
sale under the execution on Goldstein`s house. Goldstein told him he must not
post the bills as “it would be settled”. He told witness he had received some
papers, and if witness wished to know anything more, Mr. Minter was his
solicitor, and witness had better go and see him. Witness did post the bills.
William James Snelling, landlord of the Prince Albert,
Folkestone, deposed that Slater came to his house and slept there on Saturday,
Sept. 20th. On the Monday there was an election at Dover, which made
witness remember the day, and Slater, who had been over to Dover came back
between 4 and 5 in the afternoon and asked him to send for Mr. Johnson. Witness
went himself for Mr. Johnson. He knew the purpose for which Slater wanted
Johnson, as Slater showed him the writs when breakfasting on Sunday morning.
Maurice Jacobson, son of Mr. Jacobson, by whom the writ
was issued, proved the receipt of a letter from Hart on Sept. 24th.
Hart was his mother-in-law`s uncle. (Laughter) The letter was produced and
witness swore that it was in the prisoner`s handwriting. The envelope was
destroyed, but the witness said it was directed to his father, and opened by
him, he having authority to open his father`s letters in his absence. It was
their practice never to keep envelopes.
Mr. Dering raised an objection to the reception of the
letter in evidence, but the learned Judge held that it was admissible.
The letter was accordingly read. It was dated from the
Clarendon Hotel, Sept. 23rd, signed “Michael Hart” and addressed to
Mr. William Jacobstein. It`s purport was as follows “Dear Sir, Goldstein, of
High Street, has called on me and says he is very sorry for his behaviour to
your wife. He says, if you are willing to accept £10 per month, he would pay
all expenses and deal with you as usual. He asked me to use my good offices
with you, as I know you”.
His Lordship: What do you say to that letter, Mr.
Dering?
Mr. Dering: I had not seen it, My Lord.
His Lordship: That letter confirms the prisoner`s
affidavit completely. As I understand, when this case was before the
magistrates, there seems to have been some notion that the letter was not
receivable as evidence, but I have not the slightest hesitation in saying that
it is receivable.
Mr. Dering: My Lord, that ketter coming at the last
moment has taken me by surprise, and we have had no means of testing it`s
genuineness. Of course, assuming it to be genuine, it would be impossible for
the jury to return a verdict of guilty. The natural inference would be that it
is genuine. But we are dealing with a question in which the prisoner, Johnson,
Slater, and others are alleged to have been guilty of perjury, and it is only
consistent that they should fabricate a letter to support it.
Mr. Harper, solicitor, was recalled, to state what he
knew respecting this letter. He said it had been among the papers ever since
the proceedings had been pending. After he drew up the prisoner`s affidavit he
went to Mr. Jacobson and asked him for it, as it would be necessary to produce
it to the magistrates at Folkestone. Jacobson then gave him the letter.
His Lordship: The letter, I see, is written on the
Clarendon Hotel paper.
Mr. Dering: I am entirely in your Lordship`s hands. If
your Lordship thinks the case should not go on, I accept your Lordship`s view.
His Lordship: I cannot help saying there was a strong
case on the part of the prisoner before this letter was produced, but now this
letter is convincing. This letter is the very letter he says he wrote.
The Foreman Of The Jury: This letter completely upsets
the prosecution.
His Lordship: I think it does.
A verdict of Not Guilty was then returned.
Joseph Johnson was next placed at the bar, and the
charge of wilful perjury against him formally read over.
His Lordship: I suppose you do not offer any evidence
in this case, Mr. Dering?
Mr. Dering: No, My Lord.
A formal verdict of Not Guilty was accordingly returned
in this case also.
Note: Swain was licensee of the Duke Of
Edinburgh
Folkestone
Express 14-3-1874
Assizes
The charges of perjury against Michael Hart and Joseph
Johnson came on for hearing at the Kent Assizes on Thursday.
Mr. Dering appeared for the prosecution, and Mr.
Willoughby for the defence.
Having recently published the evidence in these columns
it is unnecessary to repeat it. The following additional evidence was given:
Maurice Jacobson, son of Mr. Jacobson, by whom the writ
was issued, proved the receipt of a letter from Hart on September 24th.
Hart was his mother-in-law`s uncle (laughter). The letter was produced, and
witness swore it was in the prisoner`s handwriting. The envelope was destroyed,
but witness said it was directed to his father and opened by him, he having
authority to open his father`s letters in his absence. It was their practice
never to keep envelopes.
Mr. Dering raised an objection to the reception of the
letter in evidence, but the learned Judge held that it was admissible.
The letter was accordingly read. It was dated from the Clarendon
Hotel, Sept. 23, 1873, signed “Michael Hart”, and addressed to William
Jacobson. It`s purport was as follows: “Dear Sir, Goldstein, of High Street,
has called on me and says he is very sorry for his behaviour to your wife. He
says if you are willing to accept £10 per month, he would pay it honourably,
and also, if you accept this he will pay all expenses and deal with you as
usual. He asked me to use my good offices with you, as I know you”.
His Lordship: What do you say to that letter, Mr.
Dering?
Mr. Dering: I had not seen it, my Lord.
His Lordship: That letter confirms the prisoner`s
affidavit completely. As I understand, when this case was before the
Magistrates there seems to have been some notion that the letter was not
receivable as evidence, but I have not the slightest hesitation in saying that
it is receivable.
Mr. Dering: My Lord, that letter coming at the last
moment has taken me by surprise, and we have had no means of testing the
genuineness. Of course, assuming it to be genuine, it would be impossible for
the jury to return a verdict of Guilty. The natural inference would be that it
is genuine. But we are dealing with a question in which the prisoners Johnson,
Slater, and others, are alleged to have been guilty of perjury, and it is only
consistent that they should fabricate a letter to support it.
His Lordship: The letter, I see, is written on
Clarendon Hotel paper.
Mr. Dering: I am entirely in your Lordship`s hands. If
your Lordship thinks the case should not go on, I accept your Lordship`s view.
His Lordship: I cannot help saying there was a strong
case on the part of the prisoner before this letter was produced, but now this
letter is convincing.
The Foreman of the Jury: The letter completely upsets
the prosecution.
His Lordship: I think it does.
A verdict of Not Guilty was then returned.
Joseph Johnson was next placed at the bar, and the
charge of wilful perjury against him formally read over.
His Lordship: I suppose you do not offer any evidence
in this case, Mr. Dering?
Mr. Dering: No, my Lord.
A formal verdict of Not Guilty was accordingly returned
in this case also.
Southeastern
Gazette 14-3-1874
Local News
Kent Assizes
Michael Hart was
indicted for committing wilful and corrupt perjury, at Folkestone, on the 20th
October, and Joseph
Johnson was oharged with a similar offence at the same time and place.
The case of Michael Hart was the one first tried. Mr. Dering, with whom was Mr.
Dean, prosecuted, and Mr. Willoughby defended.
The
hearing of the case occupied' the greater part of the day, and eventually, by
direction of the learned judge, the jury returned a verdict of Not Guilty.
A similar
verdict was returned in the case of Joseph Johnson. An extended report of the
trial will appear in our next issue.
Southeastern
Gazette 16-3-1874
Local News
Kent Assizes
Michael Hart was
indicted for committing wilful and corrupt perjury, at Folkestone, on the 20th
October, and Joseph
Johnson was charged with a similar offence at the same time and place.
The case of Michael Hart was the one first tried. Mr. Dering, with whom was Mr.
Dean, prosecuted, and Mr. Willoughby defended.
In his
opening address to the jury, Mr. Dering said that the prosecutor was a German
Jew, and in the month of July, 1872, he married his present wife, Bertha
Rapport, who had kept a shop in Folkestone for the sale of old china. The
person from whom she was in the habit of buying the greater portion of her
things was a man named Jacobson, a dealer in old china. At that time the
prosecutor’s wife could get no detailed account of what she owed him from Mr.
Jacobson, but knew it to amount to about £40. About a month after the marriage
Jacobson went down to Folkestone, and called upon Goldstein and his wife and
delivered a bill for £400. On the 12th September Jacobson’s wife and his
mother-in-law went to the shop of Goldstein and demanded payment of the debt,
at the same time taking some of the articles from the shop. Goldstein came up
at the time and summarily ejected the two women from his shop. Summonses were
taken out by both parties and were heard before the magistrates on the 24th
September, each case being dismissed. In October the prosecutor left on some
business for Exeter. When there he received a telegram which occasioned him to
hasten back to Folkestone. On arriving home he found a sheriff’s officer in
possession, and his goods were sold up. The prosecutor would say he never had a
writ served on him. The case was taken before a judge in chambers, who said
that looking at the contradictory affidavits and at all the circumstances of
the case, the writ was served.
The
following evidence was then called for the prosecution:—
William
Hussey, examined by Mr. Dering, deposed: I am a clerk in the office of the
Master of the Rolls, and produce an affidavit.
Mr.
Wightwick deposed: This affidavit was sworn before me on the 20th Oct., by the
prisoner Michael Hart. I administered the oath to him.
Joseph
Goldstein, examined by Mr. Dering, deposed: I carry on business as a jeweller
and china dealer in the High Street, Folkestone. In July last I married my
present wife, who had been carrying on the business previously. I. was aware
that in the course of business my wife had dealings with Jacobson, but did not
know the amount of the account. In August I saw Jacobson at my house, when a
claim was made upon my wife, but he did not mention the amount in my presence.
On the 12th September I found Mrs. Jacobson and her mother in my shop. A
dispute was going on between them and my wife, and I put the two women out of
the house. I summoned them for assault and they took out a cross summons. I
remember the 22nd September, which is a day of religious ceremony with us, and
my shop was closed. A carpenter came at eight and remained till five in the
evening, and I was in the shop with him the whole time. No one served me with a
copy of a writ on that day. On the 23rd Sept. I did not visit Michael Hart and
was never there in my life. I deny that I said what is attributed to me in the
affidavit. At eight o’clock on the evening of the 23rd September I went to an
entertainment. I had been engaged all day in putting my shop to rights after
the alterations. My wife and my sister were with me at the entertainment. I had
not been out of my house before that day. On the 24th the summonses were heard
and dismissed. On the 4th or 5th October I went on a journey to Exeter on
business. Before I went I consulted with my solicitor, and it was arranged that
if proceedings were taken against me in my absence Mr. Minter would act on my
behalf. While at Exeter I received a telegram requiring my return home. I at
once went home, and then found the sheriff’s officer in my house. I instructed
my solicitor to act on my behalf. Up to the 19th September no written account
of the money due to Jacobson had been received by me. Everything was sold by
the sheriff’s officer, the amount realised being £280.
Cross-examined:
I have only carried on business in Folkestone since July last. Previous to that
I was there occasionally. The prisoner occupies the Clarendon Hotel, which is a
very fine looking place. When Mr. Jacobson and Mrs. Levi came into my shop they
demanded payment of a bill. Mrs. Jacobson said the shop belonged to her. She
did not say that my wife owed her £390.
Mrs.
Bertha Goldstein deposed: I was married to the prosecutor in July last,
previous to which I was in business on my own account. I was in the habit of
buying things of Mr. Jacobson, with whom I had a sort of open account, there
generally being a small balance against me. In August he said I owed him about
£300. I had never before then received a written account from him. I told him
his claim was absurd. I did not know the exact amount I owed him, but thought it
was between £40 and £50. I then asked him for a proper account, with all the
items, and said anything I really owed him I would pay. He said when he went
home he would see about it so that he should make no mistake. I manage the
buying and selling business. The remainder of Mrs. Goldstein’s evidence was
merely a corroboration of her husband’s.
Cross-examined:
I was not a widow when I married Goldstein. I had been married to Rapport, but
I found out the marriage was illegal. To the best of my belief Rapport is dead.
He died, I believe, four or five months before I married Goldstein. I have no
certificate of his death, but that does not matter. A man named Davis, of
Sydney, wrote to me informing me of Rapport’s death.
Esther
Falkenstein, sister to the last witness, deposed: On the 22nd September I was
with my sister all day, and went out with her at three o’clock in the
afternoon, returning shortly after five o’clock. After five o’clock Goldstein
came upstairs to have his tea, and remained till six or a little after. On the
following day my sister and her husband were in the shop all day till between
seven and eight. Then they went to an entertainment, and I went with them.
John
Lepper deposed: I was engaged in putting up some shelves in Mr. Goldstein’s shop
on the 22nd Sept. At twelve I went to dinner, returned at one o’clock, and
continued there till half-past five. During the whole of that time no one
served Mr. Goldstein with a paper.
The
perjury complained of was an affidavit of the prisoner in which he said that on
the 23rd September Mr. Goldstein came to him and showed him two copies of writs
which had been served upon him at the instance of Mr. Jacobson. As he (Hart)
was a relation of Jacobson’s, Goldstein, he said, asked him to use his
influence with Jacobson so that he (the prosecutor) should be allowed to pay
the debt by instalments.
Mr.
Willoughby’s defence, was, of course, that the writs were served by a man named
Slater and shown to one Johnson by him.
The
learned counsel then shadowed forth the facts of the case, which will be found
in the following evidence:—
John
Slater deposed: I am in the service of Mr, Jacobson and have been so for eight
years. I know Mr. Johnson, of Folkestone, a china dealer. In Sept. last I had
some goods to deliver to Mr. Johnson for which I received 15s. on account.
In reply
to gome questions by his Lordship, as to the time he signed the invoice
delivered with the goods, the witness became confused and said “You’re
upsetting me.”
Examination
continued: I had two writs with me with instructions to serve them upon Mr. and
Mrs. Goldstein. I had never served writs before. At about a quarter to five on
the following Monday I went to Goldstein’s. I found the shutters up, but the
door was open and I went two or three feet into the shop, where I saw a
carpenter at work. Mr. Goldstein was there also. The carpenter was on his
knees. I gave the writs to Mr. Goldstein and said that they were at the suit of
Mr. Jacobson. Both writs were open. Goldstein said nothing to me, but called
“Bertha” and I then left.
By Mr.
Dering—I heard the affidavit read and signed it. (The affidavit declares that
the writ was served on Bertha Rapport). That must have been a mistake.
Mr.
Dering: A mistake, eh?
Witness :
Yes.
Cross-examination
continued: Jacobson told me to write on the original writ produced, that copies
of it were served on “Joseph Goldstein and Bertha Rapport, or Goldstein.” I had
three writs, now I come to recollect. I avoided seeing Mrs. Goldstein, as Mrs.
Jacobson told me not to have anything to say to her.
Joseph
Johnson, china dealer, High Street, Folkestone, deposed: My house is exactly
opposite Mr. Goldstein’s. On Saturday, September 20th, I received some goods
from the last witness, together with the invoice produced. I paid Slater 15s.
on account, and
the balance on Monday. He showed me two copies of a writ, and asked me about
the Goldsteins. On the next Monday evening I saw Slater give the writs to
Goldstein. They were folded, but Goldstein unfolded them.
Mrs.
Susan Johnson deposed: On the 20th September Slater brought some china for my
husband’s shop, and also showed me two writs. On the Monday afternoon I saw
Slater deliver two pieces of paper, which I believed to be writs, to Mr.
Goldstein.
Alexander
Bain deposed: I know the Clarendon Hotel, and was in there at the latter end of
September. The prosecutor was in there and I saw him speaking to the prisoner’s
wife, and also speaking with the prisoner.
Cross-examined:
To the best of my belief it was Goldstein I saw. The prisoner first spoke to me
about giving evidence. He told me I had seen Goldstein there, and unless I came
to give evidence he would subpoena me. (The manner of this witness was very'
singular while giving evidence).
William
Swain, keeper of a beer-house, deposed: I know Mr. Hart and also Mr. Goldstein.
I have seen them in conversation just outside the Clarendon Hotel.
John
Surrey deposed: I remember having some conversation with Goldstein outside his
house, sometime in September. Goldstein said I must not post the bills
referring to the writ of execution about the town, as there would be a
settlement.
William
James Snelling, keeper of a beer-house, deposed: Slater came to my house in
September and stayed there during the Saturday night. He showed me two copies
of writs.
Maurice
Jacobson, son of the Mr. Jacobson referred to in this case, deposed to
receiving a letter from Hart, the prisoner, immediately after the writs were
served, in which he stated substantially what was subsequently said in his affidavit.
His Lordship: Then this seems to put an end to the case, subject to any
objection you can raise, Mr. Dering.
Mr.
Dering: This matter has come upon us with surprise.
His
Lordship: Certainly.
Mr.
Dering: And we have no means of testing its genuineness. You see it has no
envelope.
Mr.
Harper, clerk to the prisoner’s solicitor, was here called, and deposed: This
letter has been among the papers since about a week after I drew up the
prisoner’s affidavit. I received it from Mr. Jacobson.
Mr.
Dering said he should place himself in the hands of his Lordship.
The
Learned Judge: There was a strong case for the defendant before we saw that
letter, but now it seems to end the matter.
The jury
then returned a formal verdict of Not Guilty, and a similar course was adopted
with regard to Joseph Johnson.
Kentish
Gazette 17-3-1874
Kent Assizes, Thursday, before Mr. Justice Lush:
Michael Hart was indicted with committing wilful and corrupt
perjury, at Folkestone, on the 20th October, and Joseph Johnson was
charged with a similar offence at the same time and place.
The case of Michael Hart was the one first tried. Mr. Dering, with
whom was Mr. Dean, prosecuted, and Mr. Willoughby defended.
The hearing of the case occupied the greater part of the day, and
eventually, by direction of the learned judge, the jury returned a verdict of
Not Guilty.
A similar verdict was returned in the case of Joseph Johnson.
Folkestone
Express 20-3-1875
Wednesday, March 17th: Before The Mayor,
Col. De Crespigny, R.W. Boarer, J. Tolputt and W. Bateman Esqs.
The license of the Clarendon Hotel was transferred from
Michael Hart to Charles Albinus Ross.
Folkestone
Express 19-6-1875
Wednesday, June 16th: Before R.W. Boarer,
Col. De Crespigny and J. Tolputt Esq.
The license of the Clarendon Hotel, Tontine Street, was
transferred from Michael Hart to Charles Albenos Ross, who, it appeared from
his testimonials, had previously been a merchant in Bombay.
Folkestone
Express 26-1-1878
Local News
On the 18th inst. the new proprietor of the Clarendon
Hotel (Mr. Wilton) gave a dinner to his friends, when upwards of twenty
gentlemen assembled, and a very agreeable meeting it was. The dinner was
excellent, and all passed off with the utmost conviviality. It is satisfactory
to see the Clarendon Hotel return to it`s original form, one of the most
respectable houses in the town, through the able management of the present
proprietor.
Folkestone
Express 11-10-1879
Wednesday, October 8th: Before R.W. Boarer
Esq., General Cannon, Captain Crowe, and M. Bell Esq.
John Newman was charged with being drunk and begging in
South Street on October 6th.
P.C. Hogben said on Monday evening he was sent for to
the Clarendon Hotel, and from what he was told he went along South Street, and
saw the prisoner go into the Victoria and hand his cap round to the people in
the bar, and from there he went to the Paris Hotel bar and asked for coppers to
pay his lodgings. Witness took him into custody. On the way to the station
prisoner was very violent.
He
was sentenced to fourteen days` for begging and to a further term of seven
days` for being drunk, in default of paying a fine of 5s. and costs.
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