Folkestone Herald
7-7-1951
Local News
Seven Folkestone public houses were granted an extension
of licence on weekdays until 11 p.m. and on Sundays to 10.30 p.m. until
September 30th at Folkestone Magistrates’ Court yesterday.
Mr. W.J. Mason, appearing for the applicants, said
a similar application had been granted to a number of hotels for the summer
season and Festival of Britain. At Eastbourne 44 applications of the same kind
had been granted and 115 at Hastings. The extension had been granted to all
those who desired it in the other two towns.
The application was granted in respect of the Star
Inn, Bouverie Hotel, Shakespeare Hotel, Guildhall Hotel, Prince Albert Hotel,
Globe Inn, and George Inn.
Folkestone Herald
19-4-1952
Local News
Approval of plans for alterations to the saloon bar at
the Guildhall Hotel was given by Folkestone Licensing Justices on Wednesday.
Folkestone Magistrates on Wednesday approved the transfer of licence as
follows: Guildhall Hotel from Mr. J.W. Dawkins to Maud Lewis.
A soldier and
a civilian who were concerned in a fracas which resulted in the death of
another soldier at Folkestone were each sentenced to four years’ imprisonment
for manslaughter at Kent Assizes at Maidstone on Thursday. They had been
charged with murder. Mr. Justice Salmon, in his summing up, expressed astonishment that on
the evidence before the Folkestone magistrates, they should have made “the
shocking mistake of refusing to commit the other two men”.
Folkestone Gazette
1-10-1952
Obituary
Mr. Horace Thomas Lewis, licensee of the Guildhall Hotel,
Folkestone, died in the early hours of Sunday morning, less than a month after
becoming proprietor of the hotel. He appeared to be enjoying customary health on
Friday, but complained of feeling unwell on Saturday. His condition, however,
gave no cause for anxiety, and he expected to resume his usual duties on the
day of his death.
Mr. Lewis, who was 49, was born in London and
joined the Metropolitan Police when a young man. He served for 10 years in the
Tottenham Court Road area, and then became licensee of the Prince of Wales at Herne Bay, where
he stayed for 12 years. He next became proprietor of a cafe and garage at Cliffsand, near
Ramsgate, and then returned to the licensed trade by becoming proprietor of the
Green Man at Plumstead.
He again took over his former cafe and garage
business at Cliffsand before coming to Folkestone at the beginning of
September.
Mr. Lewis was a Freemason, a member of the Licensed Victuallers’
Association and an honorary member of Plumstead Branch, of the British Legion. He
leaves a widow and two daughters, with whom much sympathy has been expressed.
The funeral will take place at Herne Bay tomorrow,
following a service at the local Congregational Church.
Folkestone Herald
4-10-1952
Obituary
Only three weeks after he had taken over the Guildhall
Hotel, Guildhall Street, Folkestone, Mr. Horace Thomas Lewis has died. He
appeared to be enjoying his customary health on Friday, but complained of
feeling unwell on Saturday. Although no alarm was felt at the time, his
condition became worse towards evening and he died in the early hours of Sunday
morning.
Mr. Lewis, who was 49, was born in London and joined the
Metropolitan Police when a young man. He served for 10 years in the Tottenham
Court Road area, and then became licensee of the Prince of Wales at Herne Bay,
where he stayed for 12 years. He became proprietor of a cafe and garage at Cliffsand, near Ramsgate,
but later returned to the licensed trade as proprietor of the Green Man at
Plumstead. He again took over his former cafe and garage business at Cliffsand
before coming to Folkestone at the beginning of September.
The funeral took place at Herne Bay on Thursday. A
service was held at the Congregational Church, and the interment at Eddington Cemetery
followed.
Local News
A protection order was granted at Folkestone
Magistrates` Court on Tuesday in respect of the transfer of the licence of the
Guildhall Hotel to Mrs. Maud Mary Lewis.
 |
| Photo from Folkestone Herald |
Folkestone Herald
15-11-1952
Local News
Folkestone Herald
8-3-1958
Local News
A young soldier who went into an empty bar at a Folkestone
hotel and stole a bottle of creme-de-menthe and 30 cigarettes was fined £5 at
Folkestone Magistrates’ Court on Friday.
Fus. William Anderson Gordon (20), 1st Bn. Royal
Scots Fusiliers, Napier Barracks, Shorncliffe, who pleaded Guilty to stealing
the bottle of liqueur and cigarettes, worth £2 9/- from the Guildhall Hotel,
was told by the Chairman (Ald. N.O. Baker) that there was no excuse for what
he had done. “You do not even plead that you were in liquor”, he said. “In fact, you
stole liquor to drink”.
Inspector W. Hack said there were three bars at the
hotel, but on the night of February 13th the lounge was not in use. At 10.30 p.m. a customer left the saloon
bar and went to a toilet in the passage running from the saloon bar to the
lounge. He saw two men standing at the entrance to the lounge. When he left the
toilet the men, who appeared to be acting suspiciously, were still there. The customer knew that the lounge was
not in use and went back into the saloon where he tried to attract the attention
of the licensee, Mrs. M.M. Lewis. The Inspector said the two men came into the saloon
and walked out of the premises. The customer noticed that Gordon appeared to be
concealing something under a coat over his arm. Mrs. Lewis checked the stock and a bottle of
creme-de-menthe and 30 cigarettes were missing.
D.C. Holdaway said at 4 p.m. on February 14th he saw Gordon,
who denied any knowledge of the theft. Later he was seen again and stated “Yes,
I did it. I threw the bottle away”. The detective said Gordon made a statement
in which he admitted being in the public house. He saw the lounge bar was empty
and went in. He took the bottle and cigarettes from a shelf behind the bar. He
drank the crème-de-menthe
and put the bottle in a dustbin near his barrack room; the cigarettes he
smoked.
A lieutenant of the Royal Scots Fusiliers said Gordon was a
satisfactory soldier and had a good character.
Folkestone Gazette
30-7-1958
Local News
Two men charged with the murder of a 19-year-old soldier
outside Folkestone Town Hall late on Saturday night were remanded in custody
for eight days when they appeared before a special Court on Monday afternoon.
The accused were Fus. John Devine (19), 1st Bn. Royal Scots
Fusiliers, Napier Barracks, Shorncliffe, and Martin Russell (20), railway
fireman, of Tormore Street, Drumoyne, Glasgow. They were alleged to have
murdered James Hamilton Murray (19), of Ferguslie Park Avenue, Paisley, a
private in the Queen`s Own Cameron Highlanders, stationed at Dover Castle.
D. Sgt. Alexander Young said at 11.45 p.m. on Saturday he
was on duty with Inspector Floydd in Risborough Lane where he saw the two
prisoners walking towards Shorncliffe Camp. “Devine was wearing a hat of the
Cameron Highlanders and had a slight cut on his face”, continued the detective.
“Russell had cuts on his right hand. I told them a man had been seriously
injured in Folkestone and I was going to take them to Folkestone police station
for further enquiries”. The officer said he charged Russell with the offence at
9.30 p.m. on Sunday, and Devine at 10.10 p.m. Both men were cautioned.
D. Inspector W. Hutchins, who asked that the accused be
remanded in custody until August 5th, told the Chairman (Ald. N.O.
Baker) that it would not be possible to proceed with the case on that date, but
a further remand would be sought.
Devine, who was dressed
in a khaki shirt, battledress trousers and plimsoles, and Russell, who was
wearing a plum-coloured shirt and blue jeans, and was in his stockinged feet,
applied for legal aid. Their application was granted.
The inquest on Murray was
opened by the Folkestone Borough Coroner (Mr. Norman Franks) at
Folkestone Town Hall yesterday afternoon. It was adjourned after
the Coroner had heard evidence of identification and medical evidence.
Folkestone Gazette
6-8-1958
Local News
Appearing on remand at Folkestone Magistrates` Court
yesterday, charged with the murder on July 26th of Pte. James
Hamilton Murray (18), Queen`s Own Cameron Highlanders, stationed at Dover
Castle, Fus. John Devine (19), 1st Bn. Royal Scots Fusiliers,
Shorncliffe, and Martin Russell (20), railway fireman, of Tormore Street,
Drumoyne, Glasgow, were remanded in custody for a further week.
Folkestone Gazette
13-8-1958
Local News
Making their third appearance before Folkestone
Magistrates yesterday, charged with the murder on July 26th of Pte.
James Hamilton Murray (18), Queen’s Own Cameron Highlanders, stationed at Dover
Castle, Pte, John Devine (19), 1st Bn. Royal Scots Fusiliers, Shorncliffe, and
Martin Russell (20), a railway fireman, of Tormore Street, Drumoyne, Glasgow,
were remanded in custody for a further seven days.
Chief Inspector L.A. Hadlow said the matter was in
the hands of the Director of Public
Prosecutions, who, was not yet ready to proceed with the case.
Mr. C.M.P. Burgess, instructed for the defence,
asked if it would be possible to state next Tuesday when the case would
proceed.
Chief Inspector Hadlow replied that the
prosecution hoped
that on Tuesday they would be able to state when the case would proceed, but he
could not guarantee that it would be heard next week.
Folkestone Gazette
20-8-1958
Local News
Pte. John Devine (19), 1st Bn. Royal Scots
Fusiliers, Shorncliffe, and Martin Russell (20), a railway fireman, of Tormore
Street, Drumoyne, Glasgow, were further remanded at Folkestone yesterday on a
charge of murdering Pte. James Hamilton Murray (18), Queen`s Own Cameron
Highlanders. Making their fourth appearance before Folkestone Magistrates they
were remanded in custody for a further eight days.
Chief Inspector L.A. Hadlow made an application for a
remand in custody until next Wednesday, when, he said, he hoped the case would
be started.
Officers in the case were with the Director of Public
Prosecutions that day endeavouring to fix when the case would be heard.
Folkestone Gazette
27-8-1958
Local News
A fourth man to be charged with the murder at Folkestone
on July 26th of Pte. James Hamilton Murray (18), 1st Bn.
Q.O. Cameron Highlanders, Dover Castle, appeared at Folkestone Magistrates’
Court on Friday.
He was James Davidson, 18-year-old apprentice
fitter, of 214, Brockburn Road, Glasgow, S.W.3. Davidson was remanded in custody until today, when
he will appear before the court with Cpl. Robert Earle Ashbridge (23), 1st Bn.
Royal Scots Fusiliers, Shorncliffe, whose home is at Gateshead, Co. Durham;
Pte. John Devine (19), 1st Bn. Royal Scots Fusiliers, Shorncliffe, and Martin
Russell (20), railway fireman, of Drumoyne. Glasgow.
D. Sgt. A. Young said that at 9.50 a.m. on Thursday
he saw Davidson at the police station at Govan, Glasgow. He told the accused
that he had a warrant for his arrest and read it. When he charged Davidson at 9.15 p.m.
the same day at Folkestone, he replied “Nothing to say”. Applying for a remand in custody, the
detective said he understood the prosecution would proceed with the case today.
An application by Davidson for legal aid was
granted.
Folkestone Herald
30-8-1958
Local News
Two of the four men accused at Folkestone
Magistrates` Court on Wednesday of the murder of a young soldier outside
Folkestone Town Hall were discharged after the magistrates had accepted a
defence submission that a prima facie case had not been made out by the
prosecution.
The men discharged were Cpl. Robert Earle Ashbridge
(23), 1st Bn. Royal Scots Fusiliers, Shorncliffe Camp, whose home is at Hendon
Road, Gateshead, County Durham, and James Davidson (19), apprentice fitter,
Brockburn Road, Glasgow, S.W.3. The other two accused, committed for trial at
the next Kent Assizes, were Fus. John Devine (19), 1st Bn. Royal Scots
Fusiliers, Shorncliffe, who lives at Merryland Street, Govan, Glasgow, and
Martin Russell (20), railway fireman, Tormore Street, Drumoyne, Glasgow. All
four were charged with the murder on July 26th of Pte. James
Hamilton Murray, 1st Bn. Queen`s Own Cameron Highlanders, stationed
at Dover Castle. Murray`s home was at Ferguslie Park, Paisley, Renfrewshire.
Mr. R.G. Marsh appeared for Davidson and Ashbridge, and Mr. C.M.P. Burgess for
Devine and Russell.
Mr. D. Hopkin, for the Director of Public
Prosecutions, told the Magistrates that Murray died on July 26th
after he had been attacked by the four accused, one of whom struck him on the
head with a bottle. After outlining the events leading to the arrest of Devine,
Mr. Hopkin referred to a statement made by Devine. Accused was alleged to have
said that on the previous Friday night one of his mates, named Campbell, had
been into Folkestone and had been beaten up badly by seven or eight Camerons.
“I went down the town with the idea that it was not going to happen to me”, he
added. In his statement, Devine went on to describe how he started arguing with
the Cameron, who grabbed him by the lapels of his jacket. He hit the Cameron,
who struck him back. He hit the Cameron again and he fell. He had nothing else
to do with it and went away. Russell was alleged to have told the police the
following day “I have been thinking of it all night. I know I was with Devine,
but I cannot mind a fight”. Mr. Hopkin said when Davidson was interviewed he
told D. Sgt. Young “I was at the Town Hall, but I had nothing to do with it”.
In the course of an alleged statement he said he could see a scuffle by the
pillars of the Town Hall, but could not make out exactly what was going on. He
saw a Cameron on the pavement, but could not see if he was bleeding. He was
also alleged to have said that when Devine and Russell came back from the
scuffle one of them, he was not sure which, had a Cameron`s hat. When Devine
and Russell were scuffling with the Cameron he heard the smash of a bottle. He
thought Devine and Russell had full bottles in their pockets when they walked
across the road towards the Town Hall. Mr. Hopkin told the Magistrates that
when Devine was formally charged on July 27th with the murder of
Murray he was cautioned and said he would tell the police a bit more. He then
made a further statement in which he was alleged to have said that when the
Cameron got hold of him by the lapels somebody hit him with a bottle. “I don`t
know whether it was meant for him or whether it was meant for me”, he was
alleged to have stated. He added that his face was cut with glass when somebody
hit the Cameron with the bottle. Then the four of them, who had been drinking
all night, joined up on the other side of the road. On July 28th
Ashbridge was interviewed by D.C. Holdaway. He said he was known by the
nickname of “Beaver”. He said he was at a dance at the Majestic Hotel until
9.45 p.m.. After having a drink at the Prince Albert he went to Morelli`s. He
saw Devine and Russell, who were being refused admission. They were in drink,
but not abusive. Later he went through the alley by the Town Hall. Russell and
Devine went back to the Town Hall. He did not go after them. He and another
chap started walking up Sandgate Road and were joined by Devine and Russell
when they reached the Odeon Cinema. Mr. Hopkin said Ashbridge was arrested and
charged on August 19th. On August 25th he made a further
statement. He said when he made his previous statement he knew he had nothing
to do with the fight, but did not want to say anything which would make trouble
for Devine and Russell. He said that after being charged with murder he had
been advised to tell everything he could remember. He went on to allege that he
tried to persuade Devine and Russell to go back to Camp. Then Davidson joined
them. They all went up the steps into Guildhall Street and went to the entrance
to the Town hall. There were two civilians on the other side of the road.
Devine, who said they were Camerons, crossed over the road towards the men.
Ashbridge said Davidson followed, but he hesitated on the edge of the pavement
trying to decide whether to let them get out of their own trouble or follow
them and prevent any trouble. He shouted to them to come back; it was possible
that he mentioned “Cameron”. He went on to allege that Devine and Russell came
back across the road, past him and turned left past the pillars of the Town
Hall. He saw Devine catch hold of a soldier in Cameron uniform. As Devine
passed him he shouted out “There is a Cameron”. Devine and the Cameron were
struggling together near the pillar and he heard some glass break and saw the
Cameron sliding against the pillar towards the ground. As his head came down he
saw Devine take a kick at him, but he did not see it land. He thought that if
it did land it would have hit his body rather than his head. Mr. Hopkin said
Ashbridge alleged in his statement that Davidson crossed the road and stood by
him. Just before he heard the breaking of glass, Russell appeared to jump
forward to help Devine. Earlier he had seen Russell with a half pint bottle in
his pocket. He thought the bottle must have been broken on the Cameron as beer
was running down the right side of his head and his right shoulder. They left
the Cameron lying at the foot of the pillar. Davidson was seen again, continued
Mr. Hopkin, and made a statement in which he was alleged to have said he saw
Devine and Russell go back towards the Town Hall and followed them. They had
just gone between the pillars when he saw Devine stop a soldier dressed in Cameron
uniform. Devine pushed the Cameron against the pillar. Russell brought a half
pint bottle of beer down on the Cameron`s head. As he was going down, Devine
took a kick at him, but he did not see where it landed. Davidson stated that
while the fight was going on he was standing by the other pillar with
Ashbridge.
Thomas Taylor Murray, of 274, Ferguslie Park
Avenue, Paisley, cotton blender, said the deceased man was his son. He neither
drank nor smoked, and was a quiet follow.
Mr. Hopkin: Have you ever known him to be engaged
in a fight?
Witness: No.
Miss Theodora Rosalind Durban, laundry worker, of
22, St. Francis Road, Folkestone, said at about 9.30 p.m. on July 26th
she saw Devine and Russell with John Mooney, Hannah and two other girls leaving
Morelli`s. Witness said she went to Michael`s fish and chip shop with Devine,
Russell and another man. Devine asked her to pay for four meals but she agreed
to pay for two. Russell, however, paid for all of them. Witness said she left
the fish shop because Devine swore at her.
Miss Eileen Lewis, Guildhall Hotel, Guildhall
Street, Folkestone, said at about 10 p.m. on July 26th Devine,
Russell and another man came into the public house. She was serving in the bar.
They were quite quiet, but she had to speak to them about swearing. “That is a
normal thing with that Regiment; it comes naturally”, said witness, who added
that the men left promptly at 10.30 p.m. They had one gin, and were not drunk.
Alan John Dean, a stall attendant, of 11, Grimston
Gardens, Folkestone, said about 11 p.m. on July 26th he got off a
bus in Bouverie Square and walked down Sandgate Road on the queen`s Hotel side
towards the Town Hall. He saw a Scotsman in uniform walking along Guildhall
Street towards the Town Hall. Four men walked into the road opposite the
passage by the side of the Town Hall. One of them pointed at the Scotsman and
said “There is one of them”. “One of the men walked towards the soldier,
followed by another and then the other two”, said witness. “They all went
behind the pillars outside the Town Hall nearest Guildhall Street. The pillars
were in my way. All I could see was a bit of movement; it was dark. I heard a
kind of grunt, a sound like glass breaking, and then something like s subdued
scream”. Witness said he could not recognise any of the four men.
A 12-year-old girl said on the night of July 26th
she was in bed in a flat above a shop in Sandgate Road. She looked out of the
window and saw four men by the Town Hall. At the same time she saw a soldier in
uniform in Guildhall Street walking towards the Town hall. Two of the men
started walking up Sandgate Road, leaving the other two outside the Town Hall.
One of them called the other two back and pointed towards the soldier. By that
time the soldier was close to the Town Hall and the four men stopped him close
to the pillar nearest Guildhall Street. “They pushed the soldier behind the
pillar and that is all I saw”, said the girl, “but I heard a bottle go”.
Dr. Francis Edward Camps, who conducted an autopsy
on the body of the dead man, gave details of the injuries. He said there were
two bruises in the middle of his back, lacerations to the right side of the
nose, with bruising and scratch abrasion running down towards the nostrils. His
nose was broken. There was severe bruising, with imprint abrasions above the
right ear. Underneath there was bruising of the covering of the skull. The
blow, which must have been severe, appeared to have been delivered through some
cloth-like substance. Looking at a Cameron bonnet, the doctor said the pattern
on the inside of the cap could have caused the imprint. He said there was
bruising on the brain beneath the bruising on the scalp, with a collection of
blood over the right side of the brain and blood in the lining of the membrane
of the brain. That caused swelling of the brain, which caused breathing
failure, leading to death.
Asked his conclusion on some of the injuries, Dr.
Camps said cuts on Murray`s cheek were consistent, in his opinion, with having
been caused by broken glass. The bruising of the back was consistent with a
blow on the back or striking some localised object with moderate force. The
broken nose and injuries were consistent with the nose being struck, or
striking some hard, rough object. The most probable cause was some rough
surface, such as a portion of one of the pillars.
Miss Doreen Irene Dryman, an usherette, of 21a,
Connaught Road, Folkestone, said at about 11 p.m. she was standing with two
soldiers outside Blair`s coffee bar when she heard a bottle smash. “I looked
towards the Town Hall”, continued witness, “and saw a group of about four men
by the pillar nearest to me”. Witness said she thought one of the men was blond
but she could not be sure. They were in a kind of semi-circle round the pillar.
Three walked away and a man in uniform fell to the ground. The fourth man was
still there and it looked as though he kicked the man on the ground. She
thought it was the one who was blond. Miss Dryman said the fourth man followed
the others up Sandgate Road. On July 28th she attended an
identification parade and failed to pick out the blond-haired man.
P.C. Login said at 10.55 p.m. he saw Devine and
Russell in Rendezvous Street. They had been drinking but were not drunk.
D.C. Holdaway said when he saw Ashbridge at Shorncliffe
Camp on July 28th he asked who was with him on the previous Saturday
and he replied “I was with Devine, Russell and Russell`s mate”. When
Ashbridge was charged with
murder, he replied “I have nothing to say”.
D. Sgt. Alexander Young said at 11.45 p.m. on July
28th he was being driven by Inspector Floydd towards Folkestone from
the direction of Shorncliffe. He saw Devme and Russell walking along the road.
Devine was wearing a Cameron cap. The men had their arms around one another but apart
from that appeared to be walking quite normally. Inspector Floydd took the cap from Divine and asked
him where he had got it. Devine replied “Down the road. I picked it up”.
Witness said the blue hackle was missing from the cap. At the police station
Russell turned out his pockets and a blue hackle was found. Asked about the
hackle, Russell answered “I don`t mind” (meaning “I don`t remember”). Later
Devine said the hat was given to him in a pub. Referring to the mark on his
face, accused said “I did it shaving before I left barracks tonight”. D. Sgt
Young went on to say how the same day he saw Davidson in a tent at Killick`s
Corner. The accused was alleged to have said “I was at the Town Hall but I had
nothing to do with it”. The detective sergeant said he found an army belt in
some bushes about 12ft. from the tent occupied by Russell, Davidson and
another man.
Mr. Marsh, submitting there was no prima facie case
against Ashbridge and Davidson to put before a jury, said the prosecution must
have a case and not mere suspicion. Ashbridge and Davidson denied most strongly that
they had anything to do with the fight. They had made statements and they had
admitted that they were very close to the scene of the fight. The evidence had shown that Ashbridge
did not come across the other men until shortly before eleven o’clock. Davidson’s statement showed that he
lost the others somewhere between 9 p.m. and 9.30 p m. Both his clients
admitted in their statements that they were outside the Town Hall near other
pillars but there was a gap of 6ft. 10½in. between the two sets of pillars. Mr. Marsh said the duration of the
tight was probably about a minute: there were probably only one or two blows
struck. He submitted that none of the prosecution’s witnesses had shown that
his clients were with the other two accused when the blows were struck.
The magistrates retired to consider the submission
and when they returned the Chairman (Ald. N.O. Baker) said they considered
there was a case to answer as far as Devine and Russell were concerned.
They had listened very carefully to Mr. Marsh and
had come to a very definite conclusion that so far as Ashbridge and Davidson
were concerned there was no case to answer and they would be discharged.
Committing Devine and Russell to Kent Assizes, the
Chairman said they would remain in custody.
Folkestone Gazette
3-9-1958
Local News
Cpl. Robert Earle Ashbridge (23), 1st Bn. Royal
Scots Fusiliers, Shorncliffe Camp, whose home is at Hendon Road, Gateshead, and
James Davidson (19), apprentice fitter, Brockburn Road, Glasgow S.W.3, charged
with the murder at Folkestone on July 26th of Pte. James Hamilton
Murray (18), Queen’s Own Cameron Highlanders, stationed at Dover Castle, were discharged
at Folkestone Magistrates’ Court last Wednesday.
The magistrates agreed with a defence submission by
Mr. R.G. Marsh, appearing for the two men, that there was no prima facie case
on which to commit them for trial.
The Chairman (Ald. N.O. Baker) said the Magistrates
had come to a very definite conclusion that as far as Ashbridge and Davidson
were concerned there was no case to answer.
Also charged with the murder
were Fus. John Devine (19), 1st Bn. Royal Scots Fusiliers, Shorncliffe Camp,
who lives at Merryland Street, Govan, Glasgow, and Martin Russell (20),
railway fireman, Tormore Street, Drumoyne, Glasgow. They were committed for
trial at the next Kent Assizes.
Folkestone Herald
29-11-1958
Local News
The accused were Fus. John Devine (19), 1st Bn.
Royal Scots Fusiliers, Shorncliffe Camp, and Martin Russell (30), a railway fireman, who formerly served in the same battalion. Both have
their homes in Glasgow. Devine and Russell pleaded not guilty to murdering Pte. James Hamilton
Murray (18), 1st Bn. Queen’s Own Cameron Highlanders, at Folkestone on July 26th. Murray, a teetotaller and non-smoker,
lived at Paisley, Renfrewshire.
Prominent witnesses for the Prosecution, which
was conducted by Mr. Tristram Beresford Q.C., with Mr. Anthony Harmsworth, were
two friend of the accused men, who were charged with the latter at Folkestone
with being concerned in the murder. It was then held, however, that they had no
case to answer. Russell was defended by Mr. Donald McIntyre Q.C., assisted by
Mr. Alan Lipfriend. Devine was represented by Mr. Stanley Rees Q.C., with Mr.
Richard DuCann. It was an all male jury.
Murray`s death, it was alleged, was caused by
a blow from a bottle during a late night scene outside the Town hall,
Folkestone. He was rushed to hospital, where he died shortly afterwards. When
the case for the prosecution ended on Wednesday, the defence called only one
witness, Devine. Russell was not put in the box. Evidence for the prosecution
was given by D.C. Wilcox, P. Sgt. R.W. Forsyth (Dover), Ian George Holden, a
Doctor of Philosophy, Alan John Dean, then residing at Grimston Gardens,
Folkestone, 13-year-old Pamela Lilian Cocks, 3, Sandgate Road, Folkestone, who
witnessed incidents from her bedroom window, Miss Doreen Irene Dryman,
Connaught Road, Folkestone, Gnr. Walter Bennett, R.A., D. Sgt. A Young, and
D.C. Holdaway. Their evidence was first taken when the accused appeared at
Folkestone Magistrates` Court in August.
Cpl. Robert Earle Ashbridge, 1st
Bn. Royal Scots Fusiliers, underwent lengthy cross-examination. Giving evidence
he said that on July 26th he went to a dance at Folkestone with
another soldier, and left at 9.45 p.m. He then went to the Town Hall and to a
public house, where he stayed until closing time, and next visited a coffee
bar. There he met Devine and Russell. Later they were joined by a civilian
named Davidson. There were two civilians opposite the Town Hall and Devine and
Russell went across to them. Witness, continuing, stated that Davidson also
started to cross the road. He (witness) called out to the three to come back,
which they did. He saw a Cameron Highlander walking towards the Town Hall, and
also saw Devine and Russell going towards the pillars there. Devine said
something to the Cameron, then there was a kind of struggle and he heard a
bottle breaking.
Mr. Beresford: Who had the bottle in his hand?
Did anyone have it before the struggle started?
Witness: No, sir.
He added that he saw Murray slide down a
pillar to the ground. Devine appeared to be kicking him.
The Judge: Where were you? – A few yards away.
Replying to Mr. Beresford, witness said
Russell had a bottle of beer in his pocket a little earlier.
Mr. Beresford: After the attack was finished
you walked off and left the Cameron lying at the foot of the pillar? – Yes.
Witness denied that he shouted “Here`s a
Cameron” or “Here`s a ----“.
Ashbridge, cross-examined by Mr. Mcintyre,
said that he did not see anyone hit the Cameron on the head.
Mr. McIntyre: Did you see the Cameron kicked
at all?
Witness: I saw no attempt to kick him, but I
was less than three yards away from the Cameron.
Mr. McIntyre: There is no doubt is there that
this unfortunate young man was in a serious condition when the gentlemen left
him. Did you know that? – No.
Mr. McIntyre: You made no attempt to assist
him while he was on the ground? – No.
Mr. McIntyre: Is that because you knew
perfectly well that you were the one who kicked him? – I did not kick him.
Ashbridge further said that he saw Russell
“jumping in” but he did not see him do anything to the Cameron.
Mr. McIntyre: You must have looked away.
Ashbridge`s cross-examination was continued by
Mr. Rees.
Ashbridge said he was not the man who took his
jacket off. It was Devine.
Mr. Rees: Did you have in your possession a
Cameron`s hat? – Yes.
Mr. Rees: How did you get it? – I got it from
a civilian.
Mr. Rees: You were fighting with the Camerons
on Thursday night? – No.
Mr. Rees: You were with a man named Campbell
who was badly injured by Camerons? – No.
Mr. Rees: This man Campbell had to go to have
medical treatment? – Yes.
Mr. Rees: Is it right that you were looking
for Camerons that night? – No.
Dr. Francis Edward Camps, Pathologist at the
University of London, said that Murray had a number of small bruises on his
body. There were two outstanding injuries. One was a small bruise on the top of
his head, and the other was a severe blow just below the right ear, that could
have been consistent with being kicked on the head. Death was due to
haemorrhage of the brain.
James Davidson (19), an apprentice fitter, of
Glasgow, who was one of the four men originally charged with the murder of
Murray, was the next witness. He said that at about 11 o`clock on the night of
July 26th there was an affray outside the Town Hall. A Cameron came
along to the Town Hall and Devine caught hold of him. They started arguing and
Devine said something about “You are one of those who attacked one of my mates”.
There was a struggle which Devine started by grabbing hold of the lapels of the
Cameron`s jacket. Russell hit the Cameron with a bottle.
Devine, giving evidence, said that on July 26th
he left barracks and went to Folkestone in civilian clothes and met a girl
friend at 12 noon. At 1 o`clock he met Russell, who he knew had been in the
army. “We spent the day going about Folkestone and had a good deal to drink. I
was drinking vintage cider”, he stated. Devine, describing movements he and his
companion made that evening, then referred to the incident which happened
outside the Town Hall, and which led to Murray`s death. He said that Murray
caught hold of the lapels of his jacket and he forced his hand away. A bottle
was smashed and he (Devine) got covered with glass. He did not see who struck
the blow with the bottle.
Mr. Beresford (to Devine): You were quite
determined not to be set on by any Camerons that night when you went into
Folkestone. You told the police that.
Devine: Maybe.
Mr. Beresford: You told the police that you
hit Murray?
Devine: That was a lie. I was trying to cover
up.
Mr. Beresford: You knew there was a fairly
good chance of your being charged with the murder of this man? – Yes
Mr. Beresford: Would it be fair to say that
you and Russell were with the party looking for some Camerons to beat up
because of what happened the night before? – No.
In his summing up, Mr. Justice Salmon said to
the jury “You may think it is very unfortunate that Ashbridge and Davidson are
not sitting in the box with these two. You may think it would have been much
fairer if they had been. It is regrettable that they are not. If these thoughts
are passing through your mind, and if it is of any satisfaction, I would agree
whole-heartedly. It seems to me astonishing that on the evidence before the
Folkestone Magistrates, especially after the splendid examples they have had at
Borough Quarter Sessions and County Quarter Sessions for all these years, that
they should have made the shocking mistake of refusing to commit the other two
men”.
After a 20 minute retirement the jury
returned. Their verdict was that Russell and Devine were Not Guilty of murder,
but Guilty of manslaughter.
Mr. Justice Salmon said to the prisoners “The
jury have found you Guilty, on the clearest possible evidence, of manslaughter,
which is a very grave crime. This is a very serious case; you two set upon that
boy who was peaceably walking along the road and attacked him. As a result of
that attack the boy died. The least sentence I can pass upon you each is one of
four years` imprisonment”.
Folkestone Gazette
23-12-1959
Local News
A sum of £15, product of
a pile of pennies which had been gradually built up on a bar counter at the
Guildhall Hotel, Folkestone, was taken to the Cranboure Home for Children at
Cheriton on Sunday. The money was delivered personally by Mrs. M.
Lewis, proprietress of the hotel. While the main purpose of
the contribution was to provide extra comforts for the children over Christmas,
the exact disposal of the money was left to the discretion of the Superintendent
and Matron of the Home.
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