Folkestone Herald
8-3-1941
Local News
Two soldiers who took an ornament front the
counter of a public house were charged before the Folkestone Magistrates on
Monday with theft.
Gnr. Raymond McCann and Gnr. Gordon Rafferty, the
accused, pleaded Guilty to stealing the ornament, valued £1, the property of
Mr. George B. Offen, of the Harbour Hotel, South Street.
Mr. Offen stated that the ornament stood on the
saloon counter and just before 10 o’clock the previous night he missed if.
Defendants had been in the saloon bar before that.
P.C. Boss said at 10.50 the previous night, while
on duty in Sandgate High Street, he was called to a bus where he saw defendants
with an ornament on the seat between them. He asked them to account for its
possession and they said they had brought it from Hythe that evening.
Witness was not satisfied and questioned them
again. McCann then said “I think we took it from somewhere near the docks at
Folkestone”. He detained accused, who were brought to the Police Station. Both men had
been drinking but they were not drunk.
Det. Const. Hall said he saw defendants at the
police station. He spoke to McCann and asked him again to account for being in
possession of the ornament He replied “I think we got it down at the Harbour;
try the Harbour Hotel". Later they were charged and McCann replied “It was quite my own fault.
Gunner Rafferty had nothing to do with it whatever”.
McCann told the Magistrates that it was his fault.
They were under the influence of drink at the time and took the ornament as a
prank. There was no intention of stealing it.
The Clerk (Mr. C. Rootes): What were you going to
do with it?
McCann: We took it as a kind of souvenir, but I
don’t suppose we should have wanted to have anything to do with it in the
morning.
"We had no intention of stealing it”, said
Rafferty.
The ornament was broken when shown to the
Magistrates, and P.C. Boss explained that it had been broken in course of
transit from Sandgate to the police station.
An officer stated that there was nothing against
either of the defendants.
The Chairman (Dr. W.W. Nuttall), presiding with Mr. P. Fuller, said the
Magistrates thought defendants had been rather foolish. They must have had too
much to drink, and probably this would be a lesson to them. The Magistrates
dismissed the case on payment of 15s. costs and £1 compensation.
Folkestone Herald
8-6-1946
Local News
Folkestone Magistrates on Tuesday granted a
protection order to Mr. John L. McKenzie in respect of the Harbour Inn, Harbour
Street, which, after being damaged by enemy action, is being re-opened.
Folkestone Herald 26-7-1947
Local News
Four soldiers and four civilians were charged at
the Folkestone Magistrates’ Court on Tuesday with offences relating to a
quantity of cigarettes
and other goods missing from a kiosk on the Marine Promenade, Folkestone. The magistrates were informed that
other arrests were pending.
Pte. Charles Stuart, Fus. John
Barron and Fus.
John Thomas Terry
were charged with being concerned, with others not in custody, in breaking and
entering the kiosk and stealing 20,000 cigarettes, 20 packets of razor blades,
two petrol lighters, three tobacco pouches and four cigarette cases, valued
£163, the property of Messrs. Finlay and Co. Ltd., on July 7th. Fus.
Alfred West, stationed at Shorncliffe, was charged with receiving cigarettes
valued £27 18/4; Joseph Routh, a cafe employee, of 42, Tontine Street,
Folkestone, was charged with receiving 1,370 cigarettes, valued £11 13/4; John
Lloyd McKenzie, licensee of the Harbour Hotel, Harbour Street, Folkestone, was
charged with receiving cigarettes valued £16 5/-; and Jack Harry Cole, an
amusement arcade attendant, of 9, Tontine Street, Folkestone, was charged with
receiving cigarettes valued £70 5/10, including one lot of 3,000 and another of
500. The seven men were remanded until next Wednesday, Routh, McKenzie and Cole being granted
bail. The four soldiers
were remanded in custody. Mr.
Worthington Edridge appeared for McKenzie and Cole.
Chief Inspector R.J. Butcher, opposing bail for the
soldiers, said there were still other men to be arrested in regard to the breaking offence.
D. Const. Huddart, Folkestone, said at 3.15 a.m.
last Saturday, accompanied by D. Const. Barrett, he saw Barron at Shorncliffe
Camp. He told him he was making enquiries regarding the breaking and entering
of a kiosk on the Marine Promenade, Folkestone, during the night of July 7th.
He told Barron that he had reason to believe he knew something about it. Barron
said “I know nothing about it”. Barron was taken into custody, and later, at
Folkestone police station, he said “I admit being concerned with others”. At 9.15 a.m. on Monday he saw Stuart at
Shorncliffe Camp and he denied being concerned in the breaking, saying: “I know
nothing. I have nothing to say”. As they entered the police car Stuart said “All
right, I was In this, and had £6 10/- out of it, I will tell you all about it”.
Continuing, D. Const Huddart said last Monday he saw Terry at Shorncliffe Camp.
Terry said “They have told me all about it”. At the police station Terry said
“I had only 1,000; they told me there were 7,000. I sold mine in bits and
pieces in the town”. Witness said he charged the three defendants. Barron
replied “I do not know anything about three tobacco pouches. West did not know
where it came from, or anything about it. I just asked him to find a buyer for
some stuff. The lighter he had he was repairing for me. The flint got stuck
up”. Stuart
replied “I say nothing to that charge yet”. Terry said “I have already told you
about it. They said there were 7,000”. D. Const. Huddart said at 10 p.m. on Friday
last, in consequence of information received, he was outside the Clarendon
Hotel, Tontine Street, when he saw West step outside from the bar accompanied
by another man who handed a sum of money to West. He detained West and told him that he was a police
officer making enquiries respecting some stolen cigarettes and that he had
reason to believe that he had received some of them. West replied “I was
borrowing £1 from
him”. Later
at the police station he said “Barron asked me to get him a buyer for some
stuff and he also asked me to collect the money from the fellows for him”. When
charged with receiving the cigarettes West said “At the time I did not know
they were stolen. When I did I helped you all I could”. At 12.30 a.m. on
Saturday, witness continued, he saw Routh at 42, Tontine Street, and recovered
from him a quantity of cigarettes. Last Monday evening he went to 42, Tontine
Street and took Routh into custody and charged him with receiving the
cigarettes. He said: “I did not know they were stolen. He told
me he had got them from London”. Routh was released on bail.
D.Const. Huddart said at
1.30 a.m. on Saturday he saw McKenzie at the Harbour Hotel. In consequence of
what McKenzie said he went to a house in another part of the town; and
recovered a case containing cigarettes. On Monday he charged McKenzie
with receiving cigarettes valued £16 15/-, and he said “I would rather not say
anything”. At 7.15 p.m. on Saturday he saw Cole at 9, Tontine Street. He told
him he was going to take him into custody for receiving a quantity of
cigarettes, and he said “What`s this all about?” Later the same evening he
was released on ball. He saw Cole again on Monday when he was charged with
receiving cigarettes to the value of £70 5/10. Cole replied “There was not £70
of cigarettes. There was about £40 worth”.
On Thursday Pte. William
Thomas Newman, stationed at Shorncliffe, was remanded in custody on a charge of
being concerned in breaking and entering the kiosk.
Det.Con. Huddart, Folkestone,
said when he saw Newman at Folkestone police station he said “I was with the fellows
but I did not have any of the stuff. I left them on the Sandgate Road on the way
back to barracks”. Later, when he was charged, Newman said “I did not
think there was all that stuff taken. I did not have any of it, nor have I sold
any of it”.
Folkestone Herald 2-8-1947
Local News
Eleven men, including five soldiers, appeared at
Folkestone Magistrates Court on Wednesday to answer charges relating to the
alleged theft and disposal of 20,000 cigarettes and other articles, valued at
£163, the property of Messrs. Finlay and Co., Ltd.
Fus. John Thomas
Terry, Fus. John Barron, Pte. Charles Thomas Newman
and Fus. Richard William Wilson, stationed at Shorncliffe Camp, were charged
with breaking and entering a kiosk on the Marine Parade, Folkestone, and stealing
20,000 cigarettes, 20 packets of razor blades, 2 petrol lighters, 3
tobacco pouches and 4 cigarette cases to the total Value of £163 on July 8th.
Fus. Alfred John West, stationed at Shorncliffe Camp, was charged with
receiving 3,600 cigarettes, worth £27 18/4; Joseph Routh, a cafe employee, of
42, Tontine Street, Folkestone, was charged with receiving 1,400 cigarettes,
valued at £11 13/4; John Lloyd McKenzie, licensee of the Harbour Hotel, Harbour
Street, Folkestone, was charged with receiving 2,200 cigarettes, valued at £16
5/-; Sydney Frederick Moore, a newspaper seller, of Mill Bay, Folkestone, was
charged with receiving 1,400 cigarettes, valued at £11 13/4; Sydney Albert Walter
Barton, a labourer, of Queen Street, Folkestone, was charged with receiving
2,200 cigarettes, valued at £16 5/-; Jack Harry Cole, of Jack`s Cafe and
Amusement Arcade, Tontine Street, Folkestone, was charged with receiving 5,000
cigarettes of unknown value, and 710 cigarettes worth £4 17/6, well-knowing
them to have been stolen.
Mr. T.K. Edie,
representing McKenzie, Mr. M. Morris, for Cole, and Mr. N.S. Franks, for Routh,
all pleaded Not Guilty. Stuart also pleaded Not Guilty to breaking and entering
the kiosk. Bail was granted to Routh, McKenzie, Cole, Moore, Barton, Newman and
Wilson, but West, Stuart, Barron and Terry were refused bail, following
opposition from the police. All the men were committed for trial at the West
Kent Quarter Sessions on August 28th.
Mr. E.G. Weale,
prosecuting, read a statement from Barton in which he was alleged to have said
“When on the Pent Wall, where the whelk barrows are, about 6.30 p.m. yesterday,
a soldier and a civilian came up to me. The civilian asked me if I could sell
him some stuff. I said “What sort of stuff?” and both of them said
“Cigarettes”. I said “O.K., I can sell you some. How many have you got?” They
said “Five to six thousand”. I
walked along to where Syd Moore was selling his papers and said to him “There’s
a chance to get yourself £1 or £2 quite; there’s some chaps got some cigarettes
they want to get rid of”. Syd said to me
“I know a a couple of places”. I then took the soldier and the civilian to
Moore. They said “O.K., we’ll get them sorted out”. We later met the soldier and the civilian in
South Street. The soldier handed me an attache case, which I had given to the
civilian. I went to the Harbour and sold the cigarettes to the governor, “Mac”,
for £14 14/2. I went to the Clarendon and gave the money to the civilian. When
I handed him the money Syd Moore was present”.
Mr. Weale said Moore also made a statement, and it
was alleged he said “The civilian came up to me in South street and handed an
attache case to Barton. The soldier was with him and handed me a carrier bag
filled with cigarettes. I said to him “O.K., I’ll get rid of them and meet you
in the Clarendon. I
went to an address in Tontine Street, but found that the man was out. So I
went to the Clarendon and told the civilian that I would take them up to the Shakespeare. When I was talking to
him Barton came up and said “O.K., I’ve sold out”, and handed him £13 or £14. I went to the Shakespeare and saw Joe
Routh. I said to him “Well, here they are then”, and he said “Why didn’t you
leave them down there?” I
had previously arranged with him to buy them. He said “Take them down to my
house and ask my wife to give you £9. If she won’t give you her money, tell her
to give you mine”. I delivered the cigarettes to the Ensign Cafe and got the £9.
I met Barton near Wilson’s and we were sharing the money when the police
arrested us”.
Cole also made a statement in which he was alleged
to have said “About July 8th, during the afternoon, a Paratrooper,
whom I know as “Johnnie”, came into the cafe with three or four other soldiers.
The Paratrooper spoke to me and asked me if I wanted to buy some cigarettes at
pre-budget price. I
said to him “Are they all right?”, and he said “They’re not knocked off. They’ve
come from the N.A.A.F.I.”. I told him I would have some off him. He said “You can
have the dear ones for 2/6 and the cheap ones for 1/9”. Continuing, the statement alleged that
the soldier handed Cole two valises filled with cigarettes. He counted the cigarettes but could not say exactly
how many there were. Two or three days later the soldier came with a haversack
full of cigarettes. Altogether he had 5,000 cigarettes for which he paid
£27/10/-. “After
the police had visited me on July 1st I took the remainder of the
cigarettes, which I had not sold, together with the 500 ‘Tenner’ cigarettes,
and put them in the empty premises, 71a, High Street”, the statement concluded.
Mrs. Edith Lester, 43, Princess Street, Folkestone,
said she was manageress employed by Messrs. Finlay and Co., posted at their
kiosk on Marine Parade. At 6.15 p.m. on July 7th she left the kiosk
locked and secured. The following morning she found the door, facing towards
the sea, had been forced open. She subsequently took stock of the contents of
the kiosk and articles and cigarettes valued at £163 were missing.
Charles Robert Hall, a builder, of 67, Bradstone
Road, Folkestone, said he had recently been doing repairs to 71a, High Street,
Folkestone, premises over Jack’s Cafe. At 10 a.m. on July 19th Cole came into
the premises. He was carrying a black case and asked him if he could dump the
parcel for him. He took the case from Cole and left the premises at 10 and
10.20 a.m. He went
home, left the case there and returned to work. He returned home again at about 2.20 p.m., put the
case straight on the fire and destroyed the lot because he was a little
nervous.
Det. Const. Huddart, Folkestone, said at 9.45 p.m.
on July 18th, accompanied by Det.Const. Barrett, he went to Tontine
Street where he saw Barton, carrying a small attache case, enter the porchway
of 44, Tontine Street, an empty shop. They followed the accused into the
porchway and saw him sharing out some money with Moore. Witness said he told
the two men that he had reason to believe they had been selling a quantity of cigarettes
and that they would be detained for further enquiries. Barton said “I will show
you who I have been selling them for. One is a civvy and the other a soldier”.
They accompanied Barton to the Clarendon Hotel, where he saw him beckon to West
and hand over to him £3 in £1 notes. Whilst in custody Moore made a statement
and handed to him the sum of £5 6/5. He said “Here is the rest of the money”.
At 3.15 a.m. on July 19th, when searching kit belonging to Barron,
he found 14 packets of razor blades and a cigarette lighter. Barron said “Five
packets I bought at the N.A.A.F.I.; the other nine packets and the lighter are
from the job”. In Stuart`s kit he found a packet of 10 Capstan cigarettes in a
civilian jacket. At the police station Stuart made a statement.
In the statement, read by the Clerk (Mr. C.
Rootes), Stuart was alleged to have said “About four o`clock in the afternoon
of Monday, July 7th, 1947, I left barracks with Fus. Barron and
another soldier. We bussed into Folkestone and went to the Rotunda Amusement
Arcade. At 5.30 p.m. we met Fus. Terry and Wilson and Newman, who were with
another soldier that I do not know. By then it was getting late and as we did
not have any cigarettes between us someone suggested that we go and get some. I
was walking slightly in front of the others and heard one of them say “Let us
go down on to the beach. I know where we can get some”. According to his alleged statement,
Stuart sat on the beach for about half an hour and then heard someone whistle
and saw the others in a shelter. They were putting cigarettes into their
blouses and pockets, and so he put some inside his battledress jacket. When they got back to barracks the
cigarettes were put in a spare barrack room box and he did not see them again,
but he knew they were to be sold. The statement continued that on July 8th
he met Barron in Jack’s Amusement Arcade in Tontine Street and he gave him £3 10/-.
He received another £3 from Barron on July 10th. He then told Barron
that he did not want any more and that he was washing his hands of the whole
affair. Fus.
Terry and Wilson came to the barrack room on July 8th and took their
share of the cigarettes.
At 12.30 a.m. on July 19th he went to 42, Tontine Street,
where he saw Routh. He told Routh they were police officers and he had reason
to believe that he had purchased some cigarettes from Moore during the evening.
He replied “I know nothing about any cigarettes. You can search the place. I
have been in the Shakespeare since half past seven”. When he was cautioned, he said “All right,
I take the responsibility; I bought them off him”. At 2.30 a.m. he handed witness an attache case, saying “Here they are”. The case contained 600
Capstan, 250 Churchman, 240 Gold Flake, 80 Players, 130 Senior Service and 100
Richmond Gem cigarettes. He saw defendant McKenzie at 10.30 a.m. on July 19th
and told him he had reason to believe that he had purchased a quantity of
cigarettes from Barton during the previous evening. He replied “No, sir. I know
nothing about any cigarettes”. Later he said “Yes. I thought so immediately
after the man had gone. I am a ---- fool. I have panicked and sent them to a
friend to look after for a few days”. At the police station he produced the
case to McKenzie and drew his attention to the fact that it contained 2,200
cigarettes – 1,000 Woodbines, 250 Senior Service, 650 Gold Flakes and 300
Capstan – but he made no reply. He went to 9, Tontine Street at 8.30 a.m. on
July 19th, when he saw Cole and told him he was making enquiries
respecting cigarettes that had been stolen. He said he had reason to believe
that a number of the cigarettes were concealed on his premises, where they had
ben left by some soldiers. Cole said “I know nothing about it. You can have a
look around”. He then went into the amusement arcade and whilst searching the
workshop he found an American Army handgrip containing 170 Gold Flake and 40
Embassy cigarettes. Cole said “I know nothing about them”. At 10.20 a.m. the
same day he again visited the premises and in the arcade office he found two
Army valises and one Army haversack. Later he produced the American handgrip to
Barron, who said “That belongs to a chap in my billet who was demobbed last
Monday”. When he searched West`s kit he found a petrol lighter, and West said
“That belongs to Barron. I was repairing it for him. The flint was jammed up”.
Replying to Mr. Edie, witness said McKenzie was the
licensee of the Harbour Hotel and was a man of excellent character.
Stuart said he did not agree to 20,000 cigarettes
and pleaded Not Guilty to breaking and entering.
Folkestone Herald 6-9-1947
Local News
Five Shorncliffe soldiers who stole and disposed of
20,000 cigarettes and other articles in Folkestone in July were sentenced at
West Kent Quarter Sessions at Maidstone on Wednesday. A sixth soldier and five
civilians alleged to have been involved in the offences had also been committed
for trial from the Folkestone Court. The hearing of the cases was adjourned
until the next Sessions on October 16th. In making this announcement
the Chairman (Mr. Gerald E. Thesiger M.B.E.) said the hearing would probably
take place the following day.
Fusilier John Thomas Terry (20), Fusilier John
Barron (21), Pte. Charles William Henry Stuart (24), Pte. Charles Thomas Newman
(21), and Fusilier Richard William Wilson (25), pleaded Guilty to breaking and
entering a kiosk on Marine Parade, Folkestone, and stealing 20,000 cigarettes,
20 packets of razor blades, two petrol lighters, three tobacco pouches and four
cigarette cases, of the total value of £163, the property of Messrs. Finlay and
Co. Ltd., on July 6th.
The following had also been indicted: Fusilier
Alfred John West, charged with receiving 3,600 cigarettes; Joseph Routh, a cafe
employee, of 42, Tontine Street, Folkestone, charged with receiving 1,400 cigarettes;
John Lloyd Mckenzie, licensee of the Harbour Hotel, Folkestone charged with
receiving 2,200 cigarettes; Sydney Frederick Moore, a newspaper seller, of Mill
Bay, Folkestone, charged with receiving 1,400 cigarettes; Sydney Albert Walter
Barton, a labourer, of Queen Street, Folkestone, charged with receiving 2,200
cigarettes; and Jack Harry Cole, of Jack`s Cafe and Amusement Arcade, Tontine
Street, Folkestone, charged with receiving 5,000 cigarettes of unknown value,
and 710 cigarettes, valued at £4 17/7, well-knowing them to have been stolen.
Cole was not present, it being stated that he was ill and was in hospital.
In the case of the civilian defendants bail was
renewed. West had been remanded in custody. He was now allowed bail in his
recognisance of £100 providing a surety for a similar sum could be obtained.
Mr. R. Beddington appeared for Barron, Mr. M.
Morris for McKenzie, Miss Dorothy Knight Dix for Routh, Mr. A.L. Stevenson for
Newman and Wilson, and Mr. Neave for Terry and Stuart.
Mr. Maxwell Turner, prosecuting, said Cole would be
available in about three weeks` time. Mr. Morris said he had no objection to
the adjournment, but McKenzie would like the case dealt with as soon as
possible to get it cleared up. Mr. Turner suggested that all the defendants
should have the one trial.
The Chairman: I think that would be the best
course.
Mr. Turner said that when Stuart
was seen at Shorncliffe Camp on July 21st he said he had nothing to
say. In due course he was taken to the police station, where he said he “had
had £6 10/- out of it”, and he would tell all about it. He made a statement.
Terry said he had only 1,000 cigarettes, which he sold in “bits and pieces” in
a pub. Barron at first denied all knowledge of what had happened, but
afterwards he admitted being concerned with the others. In his kit was found 14
packets of cigarettes, a lighter and some razor blades. Afterwards 210
cigarettes were found on Cole`s premises. Mr. Turner said Newman stated that he
had none of the cigarettes; he said he left the other men in Sandgate Road on
the way back to barracks. Wilson said “That`s right. I had about 3,000. Some I
sold in London and the rest I smoked myself”.
Det. Const. T.W.
Huddart said Stuart had three previous convictions, and he wished to have four
other cases of larceny taken into consideration. He joined the Royal West Kent
Regiment on September 3rd, 1940. Whilst he was in India he served 18
months for desertion. Terry had three previous convictions, for receiving
stolen property, shop breaking and larceny, and house breaking and larceny. He
received three years` Borstal detention, and his licence expired in January,
1949. Barton had six previous convictions; Newman two previous convictions,
including one for an indecent assault on a female; and Wilson had no previous
convictions. Wilson joined the Army in July, 1942, and served in North Africa,
Sicily and Italy.
Capt. L.A.
Douris said Stuart and Terry had indifferent characters, Barron`s character was
quite good, and Newman`s was very good. He had no record regarding Wilson.
Mr. Stevenson
asked if there had been a mistake about Wilson`s pay, which resulted in a
drastic reduction for his wife.
Capt. Douris: I
cannot help you there.
Mr. Stevenson
said Wilson`s wife`s allowance had been reduced from £4 8/6 a week to £2 5/6 a
week, and his own pay from 31/6 to 7/6 a week. Since then the paymaster had
found that a mistake had been made, but Wilson wanted to earn some money. He
had a wife and four children, one of whom was in hospital.
The Chairman
said the statements of the accused showed that considerable care was taken in
“the flogging of the stuff”. Stuart should have known better than to have got
into trouble again. His civilian and Army records were unsatisfactory. He would
be sent to prison for eight months. Terry had already been sentenced for
housebreaking and had had Borstal detention. Whatever sentence was passed he
would have to go back to a Borstal institution, and he (the Chairman) thought
the best course would be for him to impose a nominal sentence of 28 days`
imprisonment. Barron had also been sent to a Borstal institution, and his
licence would have expired next year. He would be sent to prison for eight
months. It looked as if Newman did not get very much out of the offence. He would
pay £5 towards the costs of the prosecution and would be bound over for two
years in his own recognisance in the sum of £5. Wilson was now demobilised.
Whilst he was in the Army nothing appeared to be known against him, and he had
no civil convictions. He enlisted on his own accord, and had been given a very
good character. But he had some of the cigarettes and “flogged” them in London.
Wilson would also be bound over for two years in his own recognisance in the
sum of £5.
Folkestone Herald 13-9-1947
Local News
In our report last week of the case in which
five soldiers were tried for the theft of cigarettes, it was stated that
“Barton had six previous convictions.” The name should have been Barron. As was
stated, the charges against five civilians and a sixth soldier
were adjourned.
Folkestone Herald 25-10-1947
Local News
Jack Harry Cole (30), an amusement arcade
proprietor, 9, Tontine Street, Folkestone, was at West Kent Quarter Sessions at
Maidstone on Monday sentenced to four months’ imprisonment on a charge of
receiving 5,500 cigarettes, well knowing them to have been stolen. He was found
not guilty on a further charge of receiving 210 cigarettes. Four other Folkestone men who were
found guilty of similar offences were bound over. They were Sidney Albert
Walter Barton (38), labourer, Queen Street, charged with receiving 2,200
cigarettes; Sidney Frederick Moore (52), paper roundsman, Mill Bay, charged
with receiving 1,400 cigarettes; John Lloyd McKenzie (58), licensee of the
Harbour Hotel, charged with receiving 2,200 cigarettes; and Joseph Routh (47),
a waiter, 42, Tontine Street, charged with receiving 1,400 cigarettes, in each
case well-knowing them to have been stolen. McKenzie was ordered to pay £10 and
Routh £5 towards the costs of the prosecution. All the accused pleaded Not
Guilty.
McKenzie was defended by Mr. T.K. Edie, Cole by Mr.
Malcolm Morris, and Routh by Miss Dorothy Knight Dix.
Fusilier Alfred John West, Shorncliffe Camp, was
charged with receiving 3,600 cigarettes, knowing them to have been stolen. Upon
the direction of the Chairman (Mr. Gerald A. Thesiger M.B.E.) he was found Not
Guilty on the grounds of insufficient evidence, and was discharged. He was
represented by Mr. Lermon.
At the previous sessions five soldiers were found
Guilty of breaking and entering a kiosk on Marine Promenade, Folkestone, on
July 8th, and stealing 20,000 cigarettes and other articles, of the total
value of £163, the property of Messrs. Finlay and Co. Ltd.
At Monday`s hearing statements alleged to have been
made by the accused to a police officer, and which were quoted at the
Magistrates` hearing at Folkestone, were read by Mr. Maxwell Turner, who
prosecuted.
The first witness was Mrs. Edith Lester, 43, Princess
Street, Folkestone, manageress employed by Messrs. Finlay and Co., who said
cigarettes and other articles valued £163 were missing from the kiosk on the
Marine Promenade on July 8th.
D.C. Huddart, Folkestone, said
that at 9.45 p.m. on July 18th he went to Tontine Street, where he
saw Barton, who had an attaché case, enter the porchway of a shop. He was with
Moore, and they were sharing out some money. He went with Barton to the Clarendon,
where fusilier West was in the bar. Barton gave West three £1 notes.
Replying to further questions,
witness said on July 19th he found 210 cigarettes in an American
valise in a kind of workshop which led from the Tontine Street part of Cole`s
Amusement Arcade. He also found two Army greatcoats there. Cole said he had
never seen the cigarettes before.
Mr. Lermon asked
if it was within witness`s knowledge that soldiers coming from abroad for
demobilisation brought large quantities of cigarettes with them.
Witness: No.
Mr. Lermon: Do you know that soldiers coming home from
the Far Fast are issued with cigarettes at cut prices? - I believe that is
common on a troopship.
It would not surprise you, would it, that soldiers
were arriving at the Camp with quite a large number of cigarettes? – It would.
Why? – Because through the Customs and Excise only
a limited number could be brought into this country.
Mr. Edie: You saw McKenzie on July 19th?
Witness: Yes.
If McKenzie sold the cigarettes to his customers at
the retail price he would make about £3? – Yes.
Det. Con. Huddart, replying to counsel, said
McKenzie served in the R.A.S.C. in the 1914 – 18 war, and in the R.A.F. from
1919 until 1945. He attained the rank of warrant officer and was awarded the
M.B.E. He left the R.A.F. with an exemplary character.
Witness agreed with Miss Knight Dix that Mrs. Routh
was proprietress of the cafe where her husband was employed as a waiter. She
was worried and bothered about the matter. Routh had a good character, with no
previous convictions.
Mr. Turner: It is suggested that the cigarettes in
this case had been issued to troops coming from overseas. Did they bear any
stamp upon them? – No. Cigarettes I have seen issued to troops are marked that
they are duty free.
Charles Robert Hall, a builder, 67, Bradstone Road,
said that on July 19th he was doing repairs at 71a, High Street,
Folkestone, premises which were over Jack`s Cafe. At about 10 a.m. Cole came to
him with a black handbag and asked him if he would take possession of it and
put it on one side or destroy it. He left the bag at home. He returned home
again that afternoon and put the bag straight on the fire.
Mr. Morris: No-one seems to have any idea of the
contents of the bag. I don`t know what the submission is. You knew what was in
it?
Witness: I put them on the fire.
Mr. Morris: What do you mean by “them"?
Witness: The cigarettes in it.
How do you know they were cigarettes? - Cole said they were cigarettes.
Are you saying that Cole gave you a bag full of
cigarettes and did not say he was worried about them, and you burned them? - Yes,
because I heard between 10.30 and about 2.30 some rumours that there had been a
robbery. I heard that Cole was one of the men rumoured to have stolen some
goods
Cole said that altogether he received 5,000
cigarettes from a paratrooper. Another 500, which he could not sell, were given
him. The soldiers were regular customers, and came into the cafe afterwards. On
July 16th he lost a wallet, which had been stolen, containing £100
or £120. He missed it from an attaché case in the office. He suspected the
soldiers, and he phoned the police. A police officer saw him in the cafe. The
cigarettes he had bought from the paratrooper were displayed on the shelf, and
the officer had to pass them. On July 18th D.C. Huddart came about
the wallet, and the cigarettes were still on view. On July 19th D.C.
Huddart came again and said there had been some cigarettes stolen and he
thought he had some. He (Cole) said he knew nothing about them, and told him he
could have a look round. At the time he (Cole) did not associate it with the
cigarettes he bought a fortnight earlier. In a workshop D.C. Huddart found an
American handgrip, which he told him he had never seen before. There were also
two Army greatcoats he had never seen before.
Replying to Mr. Turner, Cole said a soldier named
Barron brought the cigarettes to his place. He had known him three or four
months.
Mr. Turner: Had you discovered that Barron was a
convicted thief? – No.
But when you lost your wallet you thought he or one
of his companions might have stolen it? – Yes.
How did you think they got their cigarettes? Did
you think it was a saving of cigarettes by dozens of soldiers in Folkestone? –
It might have been.
You were told they came from the N.A.A.F.I. Was
that the only enquiry you made? – I did not think the number would be unusual.
You seriously thought he might be able to get 5,000
cigarettes at the N.A.A.F.I. price? – Yes.
Barton, giving evidence, said he gave McKenzie the
impression that the cigarettes he sold him were being sold by a wholesale man
who wanted to dispose of his business in London. The conversation was quite
open. He (Barton) borrowed a case from Mckenzie to take the cigarettes in, but
before he could return it he was arrested by the police. When McKenzie asked
him for the case he (Barton) said “It`s hot; you`d better get going”. Barton
continued that he did not know any of the cigarettes were stolen. He thought
they were bankrupt stuff from London.
Moore said it was a temptation. He was short of
money.
McKenzie, giving evidence, said Barton asked him if
he could do with any cigarettes, and he said he had about 20,000, stock of a
pal of his brother`s who was selling up a cigarette shop in London. He (defendant)had
some knowledge of the brother. He (McKenzie) said he did not want 20,000
cigarettes, but he could do with some. Barton said the cigarettes were in
Tontine Street and borrowed a case belonging to a customer. Everything was done
openly in the bar. Barton went away and came back 15 minutes later. They went
upstairs and he gave Barton £15 14/4. Perhaps he (defendant) would have made
about £2 12/- out of it. He never thought of the profit, but often fishermen
came into his place and asked for cigarettes. He had no financial worries.
Replying to Mr. Edie, McKenzie said that when he
was told the cigarettes had been stolen he called Barton “some names”. He
decided to pack the cigarettes up and get them off the premises, and sent them
to a friend in Alder Road. He had been licensee of the Harbour Hotel for about
12 months; he had no business experience.
McKenzie told Mr. Turner that he knew something of
Barton`s private life, and he knew he was “a bit pushed”. They were both
ex-Servicemen, and he was interested in Barton.
The jury returned a verdict of Guilty on each
charge, excepting in the case of the 210 cigarettes relating to Cole.
D.C. Huddart said on October 9th, 1943,
at Dover Magistrates` Court, Cole was fined £30 and £5 costs for harbouring
un-Customed goods. At the same Court on February 5th, 1943, he was
sentenced to three months` hard labour for receiving clothing coupons. He was
married, and had six children. Barton had had casual employment in the
fish-market area, selling fish and newspapers. There was one conviction in
1930, and in 1940 he was bound over for stealing from a gas meter. Moore was a
male orderly for three years at Chartham Mental Hospital. He next entered
Etchinghill Institution, and since then he had had casual employment. Routh had
been a stoker employed at Folkestone Gas works. Since 1945 he had been a waiter
in his wife`s employ. Nothing was known against him.
The Chairman said Cole would be sent to prison for
four months. Barton and Moore, who had acted as carriers, would each be bound
over in the sum of £5 for two years under the Probation Officer.
McKenzie and Routh were both men of good character,
but they had been found Guilty of receiving cigarettes knowing them to have
been stolen. The explanation must be that they knew cigarettes were in short
supply, and they wished to supply them to their customers. McKenzie and Routh
would be bound over in their own recognisances in the sum of £5 each.
Folkestone Herald 10-1-1948
Local News
At Folkestone Transfer Sessions
on Wednesday the licence of the Harbour Hotel was transferred to Mr. Victor
Albert Parks, formerly of Riverside Gardens, Wembley.
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