Valiant Sailor 1910s

Folkestone Daily News 15-11-1912

Friday, November 15^th: Before Messrs. Vaughan, Fynmore, Owen and Giles.

Horace Southon appeared to answer a summons charging him with trespassing in search of conies on the land of Mr. Aird at the Valiant Sailor. Mr. G.W. Haines defended and pleaded Not Guilty.

Prosecutor, Mr. Alfred Charles Aird, jun., deposed to finding some snares on his ground on Saturday, the 9^th inst., and to watching the snares on Sunday, the 10^th inst., when he saw defendant kicking the bushes and carrying a gun on his arm as if ready to shoot. Witness, by arrangement with a county constable, watched defendant, and from what transpired subsequently defendant`s name and address were taken by the constable. The land on which defendant was trespassing was in the sole occupation of witness`s father, who retained the sole shooting rights. When challenged, defendant said “I`m doing you no harm, Mr. Aird. I had shot a pigeon on my ground, and was going to fetch it”.

Mr. Haines directed his cross-examination to show that defendant`s allotment gardens were close under the spot where defendant was carrying his gun, and that it was not an infrequent occurrence for wild pigeons to fly in that direction.

P.C. Marshall, K.C.C., deposed to watching defendant by arrangement with Mr. Aird, and to searching the man, who had in his possession a gun at full cock.

Both witness and Mr. Aird, under cross-examination, said the gun was at full cock, but neither looked to see if there was a cartridge in the gun.

Mr. Haines put defendant in the box, Southon swearing that he had an allotment adjoining the Crete Road. He had a gun licence, and being swarmed with rats on the ground (the rats eating the crops), he made it a practice to go up and shoot them on Sunday mornings. On this particular Sunday morning from 12 to 14 wood pigeons flew over his allotment, and he fired and shot one. It skimmed along the bank in the direction of Crete Road, witness following and searching for the pigeon, when Mr. Aird came along and said “I`m not looking after you; I`m looking after another party”. Witness accompanied Aird along the road until they met the policeman. Witness swore that he never went on Mr. Aird`s ground at all.

Ernest Grist, an allotment holder, deposed to being on his ground (near defendant`s) on Sunday morning when he saw defendant shoot at some wood pigeons, and, having fired, follow the bridle path to the Crete Road. A large number of allotment holders kept guns to keep down the rats.

Mr. Haines addressed the Bench and relied upon the rebutting evidence to secure a dismissal.

The Chairman said the Bench had come to the conclusion that the evidence against the defendant was not sufficient to convict, and the case would be dismissed.

 

Folkestone Herald 16-11-1912

Friday, November 15^th: Before Alderman T.J. Vaughan, Lieut. Col. Fynmore, Colonel Owen, and Mr. J.J. Giles.

Horace Southon was summoned for trespassing on land near the Valiant Sailor in search of coneys. Mr. G.W. Haines represented the defendant.

Alfred Charles Aird, of the Valiant Sailor, stated that at about 7.40 the previous Sunday morning he was keeping observation on some snares which he had seen on his ground previously. Whilst watching, he saw defendant coming towards the Valiant Sailor on the land, kicking the gorse bushes and carrying a gun. The land was not enclosed. Witness watched him for a few minutes, and then procured the assistance of P.C. Marshall. He went home for his bicycle, and subsequently met the defendant on the road. Witness asked him what he had been doing on the land about twenty minutes previously. He replied “I`ve done you no harm, Mr. Aird. I shot a pigeon on my allotment and came to find it”. Witness said to him “You must come with me”. He took him to the constable, who asked for his name and address, and searched him. The gun was loaded and at full cock. There were no game or rabbits on the defendant. Witness and his father were entitled to the shooting rights on this land.

Cross-examined by Mr. Haines: The defendant`s allotment was about ¾ of a mile away from the spot on which witness saw him. It was below the Crete Road, but not in a direct line. The snares were about 50 yards away from the spot where witness saw prisoner, who was coming in the direction of the snares.

P.C. Marshall, stationed at Hawkinge, also gave evidence.

Cross-examined by Mr. Haines, witness said he heard the defendant make some observation about shooting pigeons. Witness found no ammunition of any kind on the defendant.

Defendant, on oath, said that he had an allotment under the hills adjoining the Crete Road. He had a gun licence because the place was overrun with rats. Wild pigeons came over from the other side of the Channel in thousands during the winter. The previous Sunday he shot at a pigeon flying over his allotment. He hit one, but he did not see where it fell. He left his allotment and went up the Crete Road, looking for the bird. It was whilst he was doing this that Mr. Aird came along on his cycle. Defendant accompanied him to the constable, and in his presence told Mr. Aird that he was up there for the purpose of getting this pigeon.

Cross-examined by Mr. Andrew, defendant said he was three or four hundred yards away from his allotment when he spoke to Mr. Aird.

Ernest Grist, of Pavilion Road, said he had an allotment near the defendant`s. He knew that at this time of year many pigeons did come over the water. On Sunday he heard the report of a gun, and saw the defendant standing in his allotment with a smoking gun in his hand. Witness saw a number of pigeons. He also saw the defendant go up the hill.

Mr. Haines maintained that this was a case started and founded on suspicion.

The case was dismissed.

 

Folkestone Express 23-11-1912

Friday, November 15^th: Before Alderman Vaughan, Lieut. Col. Fynmore, J.J. Giles Esq., and Colonel Owen.

Horace Southon was summoned for trespassing  in search of conies on land belonging to Mr. Aird. Defendant pleaded Not Guilty. Mr. G.W. Haines defended.

Alfred Charles Aird, of the Valiant Sailor, said on Sunday at 7.45 a.m. he was keeping observation on some snares which had been placed the day previous on ground in his father`s occupation, when he saw the defendant coming towards the Valiant Sailor on the land, kicking the gorse bushes as he went along. He was also carrying a gun in his hand. He watched him for some few minutes, and then fetched P.C. Marshall of the Kent C.C., who he left on the road, while he procured his bicycle. The constable went along under the hill and he went along the top. He eventually came across the defendant, and asked him what he had been doing on the land previously. He replied “I have done no harm, Mr. Aird; I shot a pigeon in my allotment and came to find it”. He told him that he must come with him to the constable, who then took the defendant`s name and address. He also searched him, and the gun was found to be loaded and at full cock. They found no game or rabbits on him. He (witness`s) father and himself had the shooting rights over the land.

Cross-examined, witness said the defendant`s allotment was about three quarters of a mile away. It was below the Crete Road. The defendant was walking away sharply when he overtook him.

P.C. Marshall, of the Kent County Police, said at 7.45 on Sunday morning he was near the Valiant Sailor, when he saw Mr. Aird, and he afterwards went below the hill near the Sanatorium. He then saw a man carrying a gun walking amongst the gorse bushes twenty or thirty yards from the road. He later saw Mr. Aird overtake the man, so he went up to him.

Cross-examined, witness said he heard the defendant say something about having been shooting pigeons. When he first saw the defendant he was twenty or thirty yards from the crest of the hill. He found no cartridges or ammunition on the defendant. He heard no gun fired.

Defendant, giving evidence on oath, said he had an allotment about sixty or seventy yards from the Crete Road. He had a gun licence. They were swarmed with rats on the allotments, so he went up to shoot them on a Sunday morning. About that time of the year a large number of wild pigeons flew across. On Sunday morning he shot at some pigeons which flew over his allotment. One fell, so he went up the bridle path leading to Crete Road, and when he got there he looked after the bird. Mr. Aird then came up and said he was not looking after him, but another man. He went with him to the constable. He was about three or four hundred yards from his allotment garden when he met Mr. Aird.

Ernest Grist, of 4, Pavilion Road, said he had an allotment near the defendant`s. On Sunday morning he was in the allotment, and whilst there he heard the report of a gun from under the hills. The defendant was in his allotment with his gun. At the time he heard the gun he noticed a number of pigeons fly over the hill. He later saw the defendant go up to the hill.

The Chairman said the Magistrates considered there was not sufficient evidence to convict, so the defendant would be discharged.