Swan (2) 1930s

Folkestone Express 5-9-1931

Wednesday, September 2^nd: Before Mr. J.H. Blamey and Mr. S.B. Corser.

Percy George Savage, a fruiterer, of Dover Road, Folkestone, appeared in the dock on five charges of obtaining five sums of £6 each by false pretences with intent to defraud. Mr. B.H. Bonniface appeared to defend.

Harry Franklin, a grocer, of 103, Dover Road, Folkestone, said that defendant, whom he knew, called on him on the 22^nd August at about six o`clock. He said “I was late for the bank. Could you cash a cheque for me?” Defendant then produced a cheque for £6, payable to “Self”, and signed P.G. Savage. It was already endorsed. Witness cashed it, and gave defendant £6 for it. He quite thought the cheque would be met. He paid it into the bank on August 24^th, and it was returned to him the next morning marked “Refer to drawer”.

Mr. Banniface reserved his cross-examination in the case of each witness.

Thomas William Andrews, of 65 Tontine Street, Folkestone, a boot and shoe dealer, said he knew the defendant quite well. On 22^nd August, at about 6.15 p.m., defendant called on him at the shop. He asked him if he would change him a cheque. He produced a cheque, already drawn, signed P.G. Savage, and payable to “Self”. Witness cashed the cheque and gave defendant £6. He paid the cheque into his bank on the following morning, and it was returned the next day marked “Refer to drawer”. He had never changed cheques for the defendant before.

Miss Doris Minnie Martin, bookkeeper to Mr. E.C. Hann, butcher, of 104, Dover Road, Folkestone, said she knew the defendant. He came to the shop at about 8.30 p.m. on the 22^nd August and asked her if she would cash a cheque for him as the bank was closed and he wanted some change. He produced a cheque, already drawn, for £6, payable to “Self”, and signed P.G. Savage. She cashed the cheque and handed the defendant £6. The cheque was paid into Mr. Hann`s bank on the following Monday and returned the next day marked “Refer to drawer”.

Harry Edward Carey, tobacconist, of 135, Dover Road, Folkestone, said he knew the defendant by sight. Defendant called at his shop at about 8.45 p.m. on the 22^nd August, where he produced a cheque for £6. It was already drawn and endorsed. Defendant said “Would you mind cashing a little cheque for me? I have bought a wireless set and have not enough ready cash to pay for it”. He cashed the cheque and gave the defendant the money. At about 8.15a.m. on the following morning, defendant came with a cheque to the shop, marked £6, payable to “Self”. It was endorsed P.G. Savage. He said “Could you cash another little cheque for me? I am going to London for the day and will be leaving before the bank is open”. He cashed the cheque, expecting it to be met by the bank. He paid the cheques into his bank on Wednesday, August 26^th, and they were both returned marked “Refer to drawer” on the 27^th August.

Harry Godfrey Read, licensee of the Railway Tavern, Dover Road, said he had known defendant casually for about six years. At about 9 p.m. on the 22^nd August defendant came to him and produced a cheque, asking him if he would change it for him as he was short of cash. It was marked payable to “Self” and endorsed P.G. Savage. He gave defendant £6 and received the cheque in exchange. He paid in the cheque on the following Monday at the bank and it was returned the next day marked “Refer to drawer”.

Police Sergeant Lawrence said at 3 p.m. the previous day he saw the defendant detained at Gillingham Police Station, Dorsetshire. He informed him that he was a police officer from Folkestone and held a warrant for his arrest. He read the warrant over to him and cautioned him, and he replied “I have nothing to say”. He brought him to the Folkestone Police Station, where he was charged and cautioned. Defendant replied “There is nothing for me to say. I thought there was enough security for me at the bank”. On being searched, in his possession he had £125 5s. 8d. in Treasury notes and silver, and three cheque books of the National Provincial Bank, Folkestone.

The Chief Constable (Mr. A.S. Beesley) said that that was as far as he could take that case that day. There were enquiries to be made and further evidence to bring before the Court.

The Chairman said that the case would be adjourned until today (Friday) and bail granted, the defendant in £50, and two sureties of £25 or one of £50.

Folkestone Herald 5-9-1931

Local News

At the Folkestone Police Court yesterday, Percy George Savage, a local trader carrying on business in Dover Road, was bound over for two years following the hearing of a number of indictments charging him with having obtained various sums of money by false pretences.

Savage was first brought before the Magistrates on Tuesday, when he was charged with having by false pretences and with intent to defraud obtained £6 from Mr. Henry Franklyn on August 22^nd. Four separate charges of having on the same day (August 22^nd) obtained by false pretences the sum of £6 from each of the following: Thomas William Andrews, Doris Minnie Martin, Harry Edward Carey and Henry Godfrey Reed were also preferred. Mr. B.H. Bonniface appeared for Savage.

Evidence was given by Henry Franklyn, a grocer, of 103, Dover Road; Thomas William Andrews, a boot and shoe dealer, of 96, Tontine Street; Doris Minnie Martin, cashier to E.C. Hann, a butcher, of Dover Road; Harry Edward Carey, a tobacconist, of 137, Dover Road; and Harry Godfrey Reed, licensee of the Railway Tavern, Dover Road, that on August 22^nd they had cashed cheques for £6 each for defendant and that the cheques had later been returned marked “R.D.”. Mr. Carey stated that he had also cashed a further cheque for £6 for Savage on August 24^th and it had been returned.

Detective Sergeant Lawrence said at 3 p.m. the previous day (September 1^st) he saw prisoner detained at Gillingham Police Station, Dorsetshire. He told him he had a warrant for his arrest and cautioned him and he replied “I have nothing to say. I thought there was enough security at the bank”. He brought him to the Folkestone Police Station, where he was again charged and cautioned. He replied “There is nothing for me to say. I thought there was enough security at the bank”. Defendant had in his possession £125 in Treasury notes and some silver, and three cheque books of the National Provincial Bank, Folkestone (produced).

The Chief Constable (Mr. A.S. Beesley) asked for an adjournment of one week.

The Bench adjourned the hearing until Friday, bail being granted.

When Savage was again before the Magistrates yesterday (Friday), four further charges of obtaining by false pretences with intent to defraud four sums amounting together to £28, were preferred against him. Mr. Bonniface again appeared for Savage.

Robert Oliver Wiltshire, a motor cycle engineer, of 51, Dover Street, Folkestone, said that he knew Savage, who called upon him on August 23^rd at about 5.30 p.m. He had a cheque with him (produced), endorsed P.G. Savage, for £6. He asked if witness could cash the cheque for him, and deduct 13s. 6d. he owed witness. This witness did. The cheque was returned marked “R.D.”.

Sidney Charles Windsor Herbert, licensee of the Swan Hotel, Dover Road, said Savage called at witness`s bar on August 22^nd, and at his request he changed a cheque for £6 for him. It was returned marked “R.D.”.

Albert Edward Palmer, an outfitter, of 69, Tontine Street, Folkestone, said Savage called upon him on August 22^nd. He said he wanted to pay for a wireless set, and asked witness to cash a cheque for £10. It was signed and endorsed P.G. Savage. He cashed the cheque, which was later returned marked “R.D.”.

William Edward Miles, of 129, Dover Road, Folkestone, a butcher, gave evidence of changing a cheque for £6 for Savage. It was not honoured by the bank.

Alexander Eustace Roberts, manager of the National Provincial Bank, said Savage was a customer at his bank. He produced a certificate copy of Savage`s account. The account went on from June 30^th, 1930, till August 24^th, 1931. On August 24^th it showed debits of £25, £25, and £10, the total debit balance on that date being £565 2s. 6d. Witness was in his office on August 24^th and saw Savage at about 10.20 a.m. He had not seen Savage for 12 months, but he had written him a letter. Witness was not expecting a visit from him. Savage produced a cheque for £25, payable to self, and asked if witness would cash it. Witness agreed to do so, and the cheque was met by his bank. Savage did not mention any other cheque; he did not say he had drawn other cheques which were unpresented.

Witness examined ten cheques which the Clerk (Mr. C. Rootes) produced, all drawn on the National Provincial Bank, and signed by Savage. They were all presented at witness`s bank for payment, and were returned marked “R.D.” in each case. Savage had no reason to expect that these cheques would be met by the bank from anything he had said to witness, or from anything witness had said to him. He had not told Savage he could cash another cheque for £25, or a cheque for £10.

By Mr. Bonniface: Witness could not tell which of the cheques for £25 was authorised by him. A cheque for £35 was cashed by Savage before he came to interview witness. The bank had securities deposited with them. The bank had a security upon Savage, being a conveyance for a shop and premises which were bought for £800. There was no reason for Savage to tell him during their interview that he had cashed other cheques. Savage`s account was a perfectly open one until 3 o`clock on August 24^th. Witness would certainly have tried to help Savage if he had disclosed the fact that he had drawn the other cheques. He thought the security his bank held would be ample to secure the overdraft as shown in the account in addition to the cheques mentioned in the charge, providing the property was of the same value.

In reply to the Clerk, witness said that Savage had been given a limit of overdraft of £500 over a year ago. If he had known that Savage had cashed a cheque for £25 he would not have cashed another cheque for £25. He was not aware that Savage was going away that day.

Further, in reply to Mr. Bonniface, witness admitted that in July last, Savage had been allowed to exceed the limit of his overdraft.

Mr. W. Chard, a cashier and acting manager at the National Provincial Bank on August 25^th, produced a letter in Savage`s handwriting which was received at the bank on August 25^th. It was addressed to Mr. Roberts.

The Clerk read the letter to the Magistrates, but at the request of Mr. Bonniface he did not read it aloud.

In reply to Mr. Bonniface, witness said Savage had in the letter asked him to sell the property, and to reimburse the bank.

The Chief Constable put in a letter from Savage received by him on August 24^th. This the Clerk also read to the Magistrates. A day or so afterwards, he (the Chief Constable) received two £1 notes in an envelope from Savage.

Mr. Bonniface here submitted that there was no case in law of obtaining those sums of money by false pretences.

After a short retirement, the Bench decided that the case should proceed, and Savage elected to be tried summarily, and pleaded Not Guilty.

In addressing the Bench, Mr. Bonniface said that he was not anxious to give pain to anybody, and so he had decided to rely entirely upon the statements contained in the letters which were before the Bench, and to say that, had his client gone into the box, he would have substantiated on oath those statements which were contained in those letters. He would have given an explanation of what was undoubtedly, to say the least, a most foolish action on his part on Saturday, August 22^nd, when he asked those various tradespeople to cash the cheques.

Mr. Bonniface, continuing, said that he had received instructions that morning, even if the case were dismissed, as he confidently anticipated it would be, to pay each of the tradesmen from the money which was in Savage`s possession the amounts of the cheques which they had cashed for him. Savage never had any intention of obtaining money from them in a fraudulent manner; he had every intention and hope and anticipation that those cheques would be met, more especially having regard to the instruction he gave in his letter to the bank to sell his property. He was honest enough even after that to send to the Chief Constable within two or three days the amount he had written saying he would send. They had before them a man who had never been in any trouble before, a man who had carried on a business in Folkestone for some years. He was upright and had never overdrawn his account during the time he had operated it at the National Provincial Bank. If a good character could not stand a man in that position in his stead, then a good character was not worth having. He asked the Bench to say that that was a case where they could rightly discharge defendant under the Probation of Offenders` Act.

Without retiring the Bench arrived at their decision, and asked the Chief Constable if there were any previous convictions against Savage.

The Chief Constable said there were not.

The Chairman said that, taking into consideration the circumstances of his case, they were going to bind Savage over for two years under the Probation of Offenders` Act. An order would be made for the full restitution of the money in respect of the charges, and for the payment of the costs (£6) of the prosecution. They hoped that that would be an end of his trouble.

On hearing this decision, Savage went across to the solicitors` table and shook Mr. Bonniface heartily by the hand.

Folkestone Express 12-9-1931

Friday, September 4^th: Before Mr. J.H. Blamey and Mr. S.B. Corser.

Percy George Savage, a fruiterer, of Dover Road, Folkestone, appeared on remand on five charges of obtaining, by false pretences, with intent to defraud, five separate sums of £6 each. There were four further charges brought against the prisoner of obtaining three further sums of £6 each and also a sum of £10 by false pretences with intent to defraud. Mr. B.H. Bonniface appeared to defend.

P.S. Lawrence, cross-examined, said that he had found a Southern Railway cloakroom ticket in his possession.

Roland Oliver Wiltshire, a cycle dealer, of 51, Dover Street, Folkestone, said prisoner called upon him on August 23^rd at 5.30 p.m. Prisoner had a cheque with him, signed .G. Savage, payable to “Self”, and it was for £6. He asked if he could cash the cheque for him and take out the 13s. 6d. he owed him. He cashed the cheque, deducted 13s. 6d., and gave prisoner the balance. He paid in the cheque on Tuesday, August 25^th, and it was returned on the following Thursday marked “Refer to drawer”.

Sidney Charles W. Herbert, licensee of the Swan, Dover Road, Folkestone, said he had known the prisoner for a number of years. He called at the bar on Saturday, August 22^nd, at about seven o`clock, and asked him if he could change a cheque for him as he wanted to get away on business, and he had not been able to get to a bank as he had been too busy. Prisoner had a new cheque book in his hand, and he wrote out a cheque for £6 in the bar. It was marked payable to “Self”, and signed P.G. Savage. Witness gave prisoner six £1 notes. He presented the cheque on the following Monday morning at the National Provincial bank, Sandgate Road, and it was returned to him “R.D.” on August 25^th.

Albert Edward Palmer, an outfitter, of 69, Tontine Street, Folkestone, said he knew prisoner quite well. He called at eight o`clock on Saturday, August 22^nd, and said he wanted to pay for a wireless set. He gave him a cheque made out for £10, payable to “Self” and endorsed P.G. Savage, and asked him to cash it. He paid it into his bank on August 29^th, and on August 31^st it was returned marked “Refer to drawer”.

William Edward Miles, a butcher, of 129, Dover Road, said he knew the prisoner and had had business dealings with him. He came into his shop in the evening on August 22^nd at about eight o`clock, and asked him if he would oblige by changing a cheque as he was too late for the bank. He produced a cheque fro £6, payable to “Self” and signed P.G. Savage. He gave prisoner £6 in Treasury notes. He paid the cheque into his bank in Tontine Street on August 24^th, and it was returned to him marked “Refer to drawer”.

Mr. H.A.E. Roberts, manager of the National Provincial Bank, Folkestone, on sub-poena, produced a copy of the prisoner`s account. The copy went back to the 30^th June, 1930, and carried on to August 24^th, 1931. It showed on the 24^th August debits of £25, £25, and £10, making a total debit balance on that day of £565 2s. 6d. He saw prisoner on August 24^th at about 10.20 a.m. Prisoner had asked to see him, but he had not been expecting to see him from anything that had transpired before. He did not think he had seen prisoner for twelve months, but he could not be certain of the date. He had written him a letter. Prisoner produced a cheque for £25, payable to “Self”, and asked him if he would cash it. He agreed to do so, and the cheque was met by the bank. He did not mention any other cheques and did not tell him that he had drawn cheques which were unpresented. The ten cheques produced were drawn on the National Provincial Bank and were signed by the prisoner. In each case they were returned marked “R.D.” Prisoner had no reason to expect those cheques to be met from anything he had said to him (witness) or from anything witness had said to him. He did not tell prisoner at the interview that he would cash another cheque for £25 or for £10.

By Mr. Bonniface, witness said that he could not say which of the £25 he had cashed marked in the account. It was a fact that the first £25 was cashed before prisoner came to witness with the second cheque. He could not say definitely when the cheque for £10 was cashed. The bank had security upon the prisoner, being the conveyance of a shop and premises bought for £800. There was no reason for prisoner to tell him that the other cheques had been drawn. His account was a perfectly open one until three o`clock on the 24^th August. He very possibly might have tried to help the defendant if he had disclosed his true position and that he had drawn the other cheques mentioned. He would think the bank held ample security to meet the overdraft in addition to cheques mentioned in the charge, subject to the property being of the same value.

In reply to the magistrates` Clerk (Mr. C. Rootes), witness said that prisoner had been given a limit of overdraft. This was £500, and had been given him over a year ago. If he had been aware of the prisoner cashing £25 at the bank, he would not have cashed the other £25. Prisoner did not tell him that he was going away that day.

Mr. Bonniface: As a matter of fact, this account shows that the defendant has been allowed to draw over the £500?

Witness: That is so.

Mr. Bonniface: That was in July last?

Witness: Yes.

Mr. Chard, a cashier at the National Provincial Bank Ltd., said he was acting manager at the bank on the 24^th August. A letter was received at the bank on August 25^th, addressed to last witness, in the prisoner`s handwriting.

The Magistrates` Clerk read the letter over to the Magistrates, but upon the instructions of Mr. Bonniface, did not do this aloud.

Mr. Bonniface, cross-examining, said that in the letter the prisoner asked him to sell the property and to reimburse the bank. He also stated that he had taken certain monies.

Witness said that was so.

The Chief Constable (Mr. A.S. Beesley), on oath, said that he also received a letter from the prisoner on the morning of the 25^th August. It contained similar phrases to those in the previous letter produced.

The Magistrates` Clerk read this letter over to the Bench, but it was inaudible to the public.

Cross-examined, the Chief Constable said that he received £2 by letter from the prisoner two days later, as stated in the letter.

Mr. Bonniface said that, in law, he submitted that there was no case of obtaining the sum by false pretences at all. If the defendant had a reasonable belief at the time he gave the cheque that it would be met, then the crime of false pretences went. The bank manager told them that it was still an open account until three o`clock of the afternoon of the 24<sup>th</sup> August, so that on the 22<sup>nd</sup> and 23<sup>rd</sup> the account was an open account, and on the morning of the 24<sup>th</sup> it was an open account. So open was it that the bank over the counter paid £25 after ten o`clock, and also £10 over the counter after ten o`clock. There was no doubt about it that the bank paid over £25. They knew it was an open account. If the bank met the cheque, could they say that on the 22^nd these other cheques would not be met? £800 was the price given for that property. They read a letter in which the man told the bank to sell the property. He anticipated that that would be met. It was for the prosecution to show that he knew from the bank manager beforehand that these cheques would not be met. The bank manager told them that he did not expect him to call. He submitted that on the evidence they had before them they could not commit that man for trial. He submitted to them that the prosecution had fallen short of what in law they were bound to prove.

The Bench retired.

The Magistrates` Clerk, on their return, said they had decided that the case must proceed.

Mr. Bonniface said the prisoner would elect to go for trial.

The Magistrates` Clerk asked Mr. Bonniface to discuss this with the prisoner. This was done, and prisoner then pleaded Not Guilty and elected to be dealt with by the Bench.

Mr. Bonniface, addressing the Magistrates, said that he had decided to rely solely upon the statements in the letters. Had prisoner gone into the box, he would have submitted on oath those statements contained in those letters. He aws most anxious in that submission not to hurt anybody`s feelings, because there were rights and wrongs in every case, and there might be rights and wrongs in the case of that particular trouble. He was sure they would appreciate that he must refer to the fact that undoubtedly at that time there was family trouble between the wife and the husband, and je did not ant to enlarge upon that, but it apparently came to such a pass that on that particular occasion the defendant felt that he could not live with his wife any longer. That was the position, and undoubtedly foolishly – though he still contended not criminally – that man obtained that money by those cheques. He was entitled to say that he received instructions that morning that even if the case was dismissed, as he confidently anticipated it would be, he was to pay each of those tradesmen from the money which was in that man`s possession the amounts of the cheques which were cashed for him. He had never had any intention of obtaining money from them that they should lose. He had every intention and every hope and every anticipation that those cheques would be met, more especially having regard to the instructions he gave to the bank to sell his property. He suggested that the Bench should discharge the prisoner under the Probation of Offenders Act.

The Chief Constable said there were no previous convictions against prisoner.

The Chairman said that taking into consideration the circumstances of the case, they were going to bind the prisoner over for two years under the Probation Act, and an order would be made for the restitution of the money to the people concerned. Prisoner would also pay the costs of the prosecution, which would amount to £6. The Bench had taken a very lenient view of the case, and hoped that would end his troubles.

Before leaving the Court, Savage shook hands with Mr. Bonniface.

Folkestone Herald 22-7-1933

Local News

There was a sequel at the Folkestone Police Court on Monday to a scene at a Folkestone licensed victualler`s house on Saturday, when William D. Thomas was charged with committing wilful damage at the Swan Hotel, Dover Road. Thomas was found Guilty and sentenced to two months` hard labour.

Sidney Charles W. Herbert, landlord of the Swan Inn, Dover Road, said at about 8.10 on Saturday night the prisoner came into his house begging. Witness was attending to his customers at the time, but told Thomas that he did not allow begging on his premises, and he asked him to leave. He then became rather abusive and witness told him to go. When he refused to do so witness opened the door wide and stepped back into the bar, again requiring Thomas to go. Prisoner then took his hat off and said “Ladies and gentlemen”. Witness then put him out and shut the door. As he turned to go back he put his foot against the door. Thomas then raised his hand, struck the glass panel in the door and shattered it. It was a deliberate action on prisoner`s part. Thomas then ran away into Folly Road. Witness chased him and he went into Rossendale Road. The next he saw of prisoner was that he was in charge of P.S. Southey. The damage amounted to £4 2s. 6d.

P.S. Southey said at 8.10 p.m. on Saturday he was in Warren Road when he saw Thomas being chased by the last witness. He followed, and caught prisoner in Rossendale Road. He said to him “What have you been doing?”, but Thomas made no reply. He then took prisoner back to the last witness, who said “That man has broken a panel in the saloon bar of my house. I wish to charge him with it”. When charged at the police station, Thomas said “I plead Guilty”. The third and fourth fingers of prisoner`s right hand were cut across the knuckles. They were bleeding freely and had to be dressed.

Defendant said he was very sorry that it had happened. He had been out all the previous night. He had no intention of breaking the glass panel.

Mr. Herbert, re-called, said Thomas appeared to be sober at the time.

Chief Inspector H.G. Pittock said Thomas had only arrived in the town on the previous day. There was no doubt that he was getting his living by begging. At Uxbridge on June 10^th, 1930, he was sentenced to 14 days` imprisonment for stealing a cycle. There were other convictions for drunkenness. He had been in the Army, prisoner told them.

The Chairman (Mr. W.R. Boughton) said the prisoner made himself a perfect nuisance. He would go to prison for two months with hard labour.

Folkestone Express 24-3-1934

Local News

Four silver cups, awarded by the United Friendly Societies (Folkestone) Royal Victoria Hospital Saturday and Sunday Fund to the licensed houses collecting the highest amount of money in the town during the year, were presented on Monday evening.

The principal award went to Mr. T.I. Jordan, of the Richmond Tavern, who collected £16 15s. towards the fund. The second prize was gained by Mrs. E.A. Summerfield, of the Royal Standard, collecting £8 6s. 8d.; third place by Mr. S. Herbert, of the Swan, with £4 7s. 6d.; and finally Mr. H.W. Cork, of the Red Cow, who collected £3 12s. 8d. Messrs. B. Todd, S. Burvill, G. Spicer, and Mr. G. Dunkling, who superintended the collecting at the respective houses, were the recipients of presents of cigarettes.

Folkestone Herald 12-6-1937

Local News

Mr. Sid Herbert wishes to announce that he has no intention of leaving the Swan, Dover Road. He will be pleased to welcome old and new friends as usual. There is always a warm welcome at the Swan, and Mr. Sid Herbert, the landlord for the past 13 years, hopes to stay for many years to come.