Essex Newsman-Herald from Chelmsford, Essex, England • 3

ESSEX ASSIZE LIGHT CRIMINAL CALENDAR JUDGE AND BIGAMY The Essex Autumn Assize opened at the Shire Hail Chelmsford, on Nov. 1, before Mr. Justice Singleton. Before the opening of the Court, his Lordship attended divine service at the Cathedral, conducted by the Provost, the Very Rev. W.

E. R. Morrow. The preacher was the Rev. Jesse Berridge, of Little Baddow.

His Lordship was accompanied by the High Sheriff, Major Wyndham Birch, D.5.0., M.8.E., and others. JUDGE AND OLD CUSTOMS. Addressing the Justices present, his Lordship said: "1 am very glad to see that there are present to-day some magistrates of the county. I like to see the old customs preserved. There is but one remark 1 would like to make to those present, and it is this The Assize system still goes on at the Court.

It commenced between 700 and 800 years ago, when the King decreed that Judges should go out to every county town to administer justice. It has been going on ever since. It has been extended from time to time. It remains much the same, except that the laws are, perhaps, more in favour of the accused person than they used to be in some sense, and that the administration of the law generally is more humane. That this state of things remains as it was is due to those who guard us with such wonderful courage and devotion by day and night, and to them we owe the maintenance of our food Let us think of theni.

Let those of us who are past that form of service resolve to do all we can to forward the cause which we all have at heart, and, above all, to be worthy citizens of the great Empire to which we belong." UNFIT TO PLEAD. Helene Florence Turner, 56, housekeeper, was indicted for the murder of Harry Sidney Turner, her husband, at Romford, on September Derek Curtis-Bennett prosecuted, and Mr. Percy Lamb defended. Mr. Curtis-Bennett said there was a medical report in the case, and his Lordship said he would read it.

A jury was sworn, and Dr. K. O. Milner, prison doctor, said he had kept the accused under close observation. She suffered from delusional insanity.

She is quite insane," he said, and is not capable of understanding the nature of the charge or proceedings against her. I do not think she fully appreciates why she is here to-day." The Judge said accused had been certified as insane, and at his direction the jury found her insane and unfit to plead. The Judge said he would record that, and would direct that the accused be detained until His Majesty's pleasure be known. "A BAD CASE." Richard Goulden Jones, 36, soldier, pleaded guilty to bigamously marrying Lillian Elsie Howgego at Southend. Prosecuting Mr.

Derek Curtis-Bennett said that the legal marriage ceremony took af Chevington Parish Church, Northumberland, April, 1927. The accused lived with his wife only a few weeks, at week-ends, and then left to join the From April. 1927, until the wife gave evidence on Oct. 4 of this year she had not see him. He never supported her and she supported herself by working as a domestic servant.

The second ceremony took place at St. Mary's Prittlewell, on Aug. 3 last. Miss Howgego met the accused at a British Legion Hall He told her he was a single man, that his father was a doctor in Scotland and that he (the accused) was a draughtsman. He asked her to marry him.

and eventually, after he had asked her several times, she accepted. He wrote her letters of affection which later became letters asking for money. In all, he borrowed from her, on various pretexts, and £30 of that she had to borrow. The Judge: He promised her £100 as a wedding present. Counsel added that as the result of what a girl at Holloway told her, Miss Howgego went to the police.

Accused surrendered at Bow Street on Aug. 19 last. He made a statement in which he said he went through the ceremony in order to give his wife grounds for divorce. He denied that he told Miss Howgego he was a single man. Detective Patmore stated previous convictions of larceny and false pretences against the accused, who, he said, had been discharged from the RA.F.

for desertion. In April of this year he enlisted in the A.M.P.C.. in which he was still serving He had been a sergeant, but had been reduced to the ranks. His Army character was bad. An office? said accused's Army record was unsatisfactory, but the C.O.

was willing to take him back. Accused handed in a written statement. which hfs Lordship read. Sentencing accused to twelve months' imprisonment, the Judge said he regarded it as a bad case. Under promise of marriage, accused had obtained money from Miss Howgego, and he had obtained money from her since.

DESERTED HIS WIFE. Cecil Albert Henry Wharton, 35, aircraft rigger pleaded guilty to bigamously marrying Ann Geraldine Fletcher at Eppmg on March 13. Mr. F. Phillips, prosecuting, said the legal marriage was at West Bromwich in September.

1931. There was one child, aged eight years. Apparently there were quarrels between them, and accused deserted his 'f 2' October, 1939, he joined the Army, and while he was on leave he met Ann Fletcher, a widow, aged 36. He told her he was a single man, and they were married at Epping Registry Office on March 13 ot this year. Jeavons said the accused had a very good Army and civil character.

He had seen service in France in this war. He sent his daughter a greetings card from France and his wife thus discovered that accused was serving in the Army. She made application for an allowance, but found that another woman was also drawing an allowance as his wife." The matter then came to the notice of the police. The Judge said it seemed from the calendar that bigamy was increasing again. Sentence was four months' imprisonment PRISON FOR TWO.

Gladys Higgins, 35, cashier, pleaded guilty to bigamously marrying Leslie Harold Fredk. Buckingham at Colchester. Buckingham, 25, soldier, a indicted foi aiding and abetting, and he, too, pleaded guilty. Mr. Percy Lamb said that the woman gave herself up voluntarily to the police, saying she wanted to get matters straight.

She married in 1923, and had one son, 16. She lived happily with her husbana until he joined the Army in October. 1939. At Christmas last she met Buckingham at Clacton, and, although he knew she was married, ne asked her to marry him. She argued with him, but in a moment of weakness she agreed to marry him.

She did not know she did it, except that she was infatuated with Buckingham. In a statement Buckingham said when he first met Higgins he did not know she was married. but latei he found out. He was then deeply in love with her and did not care whether she was married or not. He arranged with her to get married on cpndition that she would go to live with his people when he went in the Army.

He knew ai the time that he was committing an offence. I thought we might have got away with it as bigamy is committed so often," he added. Detective Kemp said that Higgins's husband had forgiven her and wanted to come back with her. There were no previous convictions against either accused. Higgins said she desired to call her husband, and the Judge directed that he should fc'ive evidence.

A corporal in the Army, the husband, said: She has been a fool and I expect 1 rhe 6 Judged what you Thc ru sbS: No SS tore much bigamy. That is possibly because it I sentence o'n wch of you is three months' impnson- Higgins collapsed on hearing the scntCnCCl AN ACQUITTAL. Victor Petchey, 39, labourer, pleaded not guilty to stealing a crucifix, the property of Wm. Sheehan. Mr Lamb defended.

Mr. Phillips, prosecuting, said this was an alleged case of looting from a which had been demolished by a bomb. Accused, who was collecting tiles, was seen to put a crucifix, value into his pocket. Leonard Charles Tremblin, builders foreman, said the prisoner had on 'y t0 touch the tiles, nothing else. -7 Mr- Lamb Are you suggesting that if you saw a gold watch you would leave it there and not touch it? should leave it there.

William Shcehan said his family were safe in their shelter when the bomb V. Tromp said he saw prisoner pick up the object," and told him to put it down. Prisoner did so. Accused, on oath, said if he saw anything 'when he was going over a demolished house he would pick it up, with the intention of giving it to owner or the foreman. The crucifix was neath the tiles, and he picked it up so that should not be covered up again in the debris.

If the policeman had not told him to put it down, he would have put it among the other stuff that had been separated from the debris. He had no intention of keeping it or stealing it; it was of no value to him. Addressing the jury, his Lordship said if accused were convicted he must expect a considerable sentence. People who were unfortunate enough to have ttteir houses bombed had quite enough to put up with The question here was whether it was proved that prisoner picked up the crucifix with intent to steal it. The jury returned a verdict of not guilty, and prisoner was discharged.

MONDAY. LAD AND AIR GUN. Alan Alfred Oxley Jones, 18 student, was indicted for maliciously wounding Edward Henry Herbert Cook, by discharging a loaded weapon, with intent to disable him, at North Weald; for shooting Cook with intent to disable him, and for maliciously wounding Cook. pleaded not guilty to all indictments, and was defended by- Mr. J.

C. Llewellyn Mr. Frank Phillips, prosecuting, said Cook, a labourer, was working with other men. They were walking from a ditch where they had taken cover during an air raid alarm, when accused, carrying a gun, came along, and as his conduct seemed rather strange, Robertson, the ganger in charge of the men, asked: What is the matter with you, have you gone mad?" At four yards' range prisoner pointed the gun at the men and fired two or three shots, hitting Cook on the wrist and grazing his wrist. Prisoner was heard to say: Get out.

you swine." In a statement, he said the men were after apples, and were throwing stones at him. Giving evidence, accused said that, looking out of his window, he saw about twenty men inside the hedge, between the wire netting I saw them moving towards the orchard. We had lost a lot of fruit, and I thought they were after some. I took an airgun and told my father that some men were going towards the orchard. I ran towards the paddock and shouted to them to get out.

1 think I said. Get out, you not you Some of them scrambled very quickly towards the gap. I ran as near to the gap as I could. By that time the men were in the road. They used very strong language, and started throwing stones at me.

All this time I was holding the gun in front of me; it was unloaded. My father came up to me with a stick. I said: Look out; they're throwing Then 1 ran 30 to 40 feet away from the wire netting. Stones could not reach me then. My father shouted, Shoot, because they were throwing stones at him.

I replied, My gun is not loaded felt in my pocket, and felt some of the slugs there. I then loaded the gun and held it under my arm, with the barrel down towards the ground, some 20 to 30 feet away from them, and fired the left of the gap, where there were no men. This shot had no effect upon the men and the stone-throwing continued. I re-loaded, but did not take a sight. I fired in the same towards the men, but to the left of the gap.

I had no intention of hitting anyone. After the second shot had been fired the men ran off the road. No one complained of having been struck, and I did not know that anybody had been hit until the police called a little later. When I looked in the ditch where the men had been, I saw some sacks which I had never seen before." Mr. Phillips: You took this gun with the intention of driving the men fired twice? to frighten them away.

Accused added that at the time he was a little confused." He agreed that, looking at the matter now, it would have been better if he had fired the gun without any pellets in it. Mr. Phillips: Do you say you had the right to use this gun on these men because you thought they were going to was not firing at them. suggest that this stone-throwing is a pure invention on your No. Accused's father, a Civil servant, said many stones were thrown, and he called to his son to shoot," thinking that this remark would be sufficient to frighten the men, which was all he desired to do.

In any case, it was only a toy Cross-examined, witness said his impression was that the men were going on to his property; some were already there. The Judge: That is the first we have heard of that. The evidence has been that the men were going away. In his address to the jury, the Judge observed: The sooner young men and old men learn not to point a gun in this way, except when there is necessity, which I should not think you will imagine arises here the better." After a prolonged absence, the jury were unable to agree, and the case was ordered to be re-tried possibly at the Central Criminal Court. HOME GUARD ON SHOOTING CHARGE.

Thomas George William Harris 55 of Stanley Road, Pitsea, a member'of 'the Home Guaid. was indicted for the murder of Herbert Edward Nicholls, 36, a Ministry of Agriculture Inspector, of Cross Gates Danbury. Mr Chailes Doughty, K.C., with Mr. Frederick Levy, prosecuted. Mr.

John Flowers, K.C., with Mr. J. C. Llewellyn, defended. Mr.

Doughty said the facts of the case we.e quite unprecedented. It was, indeed, a very strange story which it was his duty to unfold. One day in September there was an air raid warning over Pitsea. and a considerable and strik'aS air att over the Thames Estuary. that "me a German 'plane was tW at lea t.

the occupants, baled out Bowe rs Gi fford marshes Mr Nicholls. a marned man, was employed by the Essex Agricultural Committee, and it was his business to inspect and measure farms in the county. On this day he was employed by the Essex War Agricultural Committee. He was dressed in ordinary country clothes, and was inspecting Kimpton's field, Pitsea. He was seen walking about the field by Mrs.

Florence W. Page, Chalvedon Avenue, Rectory Road, Pitsea. She became excited at seeing Nicholls walking about the field, and she called out to Mrs. Charlton, her next-door neighbour, who nad a young step-son, who was a member of the Home Guard. Mrs.

Charlton armed herself with a garden fork, and the two women went into the field, followed by Mrs. Charlton's Hep-son. They went up to Nicholls and had a conversation with him, as a result of which there was a slight struggle between Nicholls and Mrs. Charlton's step-son. Nicholls took the rifle, and found that it was unloaded Another man, Barnard, came on ne anc they all marched back to Mr.

Nicholls' car. Prisoner, who had Drought his gun and fifteen rounds of ammunition, came up. Barnard and Mrs. Charlton stepson were holding him and the crowd was apparently hostile to Mr. Nicholls.

Some of the crowd appeared to think that he was a German. Miss Irene J. Kimpton, of Rectory Road, Pitsea, joining the crowd, cried out: He's not a German. I know the man. He is a friend of ours." Thereupon, an excited woman pulled her ha.i and scratched her face.

Prisoner fired his rifle, and a man beside Nicholls dropped to the ground. This caused Nicholls to tear himself away, and he ran between two houses, but was held up by a fence. Mr. Herbert W. White, of Pitsea, behaving with perfect common sense, searched Mr.

Nicholls. and produced a wallet containing his (Mr. Nicholls') identity card. Prisoner took the wallet, and they proceeded back towards Chestnut Avenue. There was by that time quite a considerable crowd.

i Was walking backwards in front ot Nicholls, who got hold of the muzzle and had tucked it under his arm. To Gunner Alex. Sharpies, who was in uniform, Nicholls said: For God's sake take that gun away from that man. He is mad." The party had then almost reached Chestnut Avenue when the gun was fired. Nicholls tell down, shot through the stomach Prisoner made as if to take another shot, oharples said: I think you have done enough as it is.

What did you shoot nim lor. Prisoner replied: "You nnght get shot yourvi i seen by the police, prisoner saitf: i shot him, and have also shot another man over there." At the police sta tion pnsoner said that some children told him, There's a German down here" guvnor." pointing to Chestnut Avenue He (prisoner) got his rifle and ammunition, and on arriving on the scene a woman said that Nicholls had been struggling with her son to take his rifle from him. He (prisoner) put up his rifle wth the intention of frightening the man (Nicholls), who went round in front or his car. He (prisoner) fired, but shot an old man standing by a tree. Nicholls took to his heels and ran between some bungalows.

They gave chase, and Nicholls stopped and put up his hands at prisoner request. Nicholls's papers were taken from him. I then told the man to come along with me," the statement went on. He came towards me. and I walked in front of him.

I then realised that I should be behind him. I immediately told him to get in front He then struggled to get hold of my rifle, and to avoid him doing so 1 kicked him several times on the shins. On iegaining possession of my rifle, I shot him." When charged with murder, prisoner replied; I didn't murder either of these men. It was accidental." Mr. Doughty said that Nicholls was taken to hospital where he died following an operation.

The prisoner was a man of the most excellent character. He had fifteen years' honourable and distinguished service in the Army, and was mentioned in dispatches. He was discharged with the rank of sergeant. Following medical evidence, Alexander Sharpies, a soldier, stated that af'ei Nicholls had been shot, prisoner stood rattling the bolt of his rifle, and said: I'll let him have anpther one." Witness told him: You have let him have enough as it is. What did shoot him for?" Harris replied: "What aid I shoot him for? I'll let you nave cne in a minute." Witness added that Nicholls was dressed in a sports jacket and riding breeches.

At first witness thought he was a German, but scon realised that he was not. At this stage Mr. Flowers said that, reluctant though he was to say so, he could not resist a verdict of manslaughter in this case. Harris would plead guilty to manslaughter and Counsel suggested that the charge of murder be withdrawn. That is the course I have advised Harris to take," he said.

The Judge said it would be extremely difficult, if not impossible, however kind and considerate a jury iMght be, tor them to resist a verdict of manslaughter. He thought that a jury would hesitate a long time before they found a verdict of murder. Mr. Doughty said he was in a position to say that he thought a plea of manslaughter snould be accepted. The Judge.

That is my view of the case. This points to a case of a man losing his head, but 1 do not know. It is not suggested that he had any grievance against Mr. Nicholls, whom he did not know. Here is a case of a good soldier of bygone years who thought that a German was there.

You (to the jury) may feel that he lost his head in the excitement. The jury found the prisoner not guilty of murder out guilty on his own confession of manslaughter. The prosocution offered no evidence in a second case the alleged murder of James Charles Barnard of Briscoe Pitsea. The case arose out of the same set of circumstances. Mr Flowers, appealing for leniency, said this was a unique case.

Here was a man with an exemplary character. It was a reallv lamentable thing that a man of such good character should be in the dock entirely by reason that he thought he was doing his duty. The accused was tremendously distressed about it all. He acted from a sense of zeal, no an atmosphere of excitement. He had served 14 years in the Army, serving in France and Mesopotamia.

A prison doctor said he thought prisoner got into an unwarranted panic he temporarily lost control of himself in the excitement of the occasion. In reply to the Judge, the doctor said prisoner was neivous and excitable, but he was perfectly sane. From the dock, prisoner said that when he was struggling with Nicholls the rifle went off. He was very sorry for what had happened. The Judge: I have no doubt you are sorrv.

I am sorry to have to pass sentence upon you I feel it is in the public interest that I must do so. You have pleaded guilty to the manslaughter of one man but in fact you brought about the death of two. It may have been due, to some extent, to excessive zeal, but it was largely through you losing your head when you had a rifle in your hand, which you used as experienced man ought to do. The sentence is twelve months' imprisonment. This concluded the criminal business of the Assize.

CIVIL BUSINESS TUESDAY. POLICE CONSTABLE SUED. William James Keeling, agricultural machiaist. Mount Lodge. Basildon, claimed damages from Police Constable Leslie C.

Howes, stationed at Nevendon, for alleged false imprisonment. Mr. John Flowers, K.C., and Mr. J. C.

Llewellyn were for the plaintiff, and Mr. Eric Neve, K.C., and Mr. Percy Lamb for the defendant. Mr. said an affiliation order was made by the Billericay Justices against the plaintiff at the instance of a girl, Doris Frost.

Plaintiff appealed to Quarter Session against that order. He lost the appeal and had awarded against him costs to the amount of On June 7. 1939, Miss Frost issued a summons before the Billencay Bench to enforce payment of the costs, plus the fee. On June 13 the Justices made an order for the plaintiff to pay by two instalments He did not pay. On Aug 11 Miss Frost issued a judgment summons.

Plaintiff explained his financial position, and the Justices then made an order for him to pay by instalments of £4 every 28 days, the first instalment to be payable on Sept. 12, a committal orJer being made for 14 days in default oi payment. Plaintiff's mother sent £4 on Sept. 15. Another instalment became due on Oct.

12, and it was not paid punctually. On Oct. 19 plaintiff's mothei had put £4 in a registered envelope ready to be posted to the Clerk of the Justices next morning. On that evening defendant came along with a committal order and warrant. Plaintiff's mother said: I suppose you have called for the money?" Defendant said: Yes and the mother said: It is here, ready to be posted.

As you have called you can take it." Defendant said he could not take he must have the lot or take the plaintiff. The mother offered defendant the £4. but he said: I can't take that now, Bill- The instalment is overdue. I must have all of it or I must take you. I must have £32 pr you will have to do 14 days." Plaintiff asked whai would happen if he did the 14 days, and defendant said that would wipe off the whole amount.

That, added Counsel, appeared to the plaintiff to be a fairly good thing. He was not a wealthy ma and he arranged with his Uncle George to work his machine while ne was in prison working off. as he thought, the £32. Defendant, said Counsel, had mistaken the whole situation and had acted upon an incorrect interpretation of the law. Plaintiff did the 14 and while in prison it came to his mind that he was not in there for £32, but £4.

He had an interview with the Prison Governor and wrote to his mother that there had been a mistake he had to do 14 days in prison for £4. not £32, and he asked his mother to send or wire £4 as I have been here long enough." The Judge: Apparently it was not so comfortable as he anticipated when he had tiie conversation with the constable. (Laughter.) Counsel S2id that upon receipt of the letter plaintiff's mother saw the defendant, who said that everything was in had defaulted and had to pay the full amount. On Dec. 20, when the fourth instalment became due.

defendant called with another warrant. Plaintiff said: You told me that it would wipe out the debt," and defendant answered: They have got it straightforward now. This one is worded entirely Plaintiff served another fourteen days in prison. Since then no further payment had been made and no warrant had been issued. Plaintiff, in cross-examination, agreed that he was sore at the decision of the Court in dismissing his appeal.

Mr. Neve: Was your feeling that you were not going to pay that money if you could possibly avoid it? From the first did you desire to pay this girl every penny of the £40 expense she incurred a result of your action? Yes. have you not was getting a bit too hot, and I could not stand it. Did you say: "It will be cheaper for me to go to No. Plaintiff agreed that he did not like prison, especially on Sundays.

The Judge: What was wrong with We were shut up a long time Judge: Wasn't there a service? that the reason? No. sir; it was better than being in a cell. Plaintiff also denied that he told the constable, I have nothing to lose over this deal, the ground is frozen and I cannot work." He disputed paternity, and on losing the appeal he felt that he had suffered an injustice. In reply to the Judge, plaintiff said he was making payments under the paternity order out of his wages. Mrs.

Keeling, mother of the plaintiff, gave evidence of tendering the defendant the registered letter on Oct. 19. She had neglected to post it. Defendant said it must be £32, or 14 days, which would wipe out the whole of the debt." Defendant, on oath, stated that on Oct. 19 he received a warrant of commitment against Keeling, and he duly served it.

Mrs. Keeling said: I suppose you have come for the money?" Witness said, Yes," and read the warrant to plaintiff, his mother, artd two brothers. Plaintiff said: What does it all mean?" Witness answered: "You are to pay or be committed to prison for 14 days," which was what witness thought it meant. Mrs. Keeling said: It is my fault that the £4 has not been sent.

The letter has been ready for posting two or three days, but as it had to be registered it has not been posted." She did not show a registered envelope addressed to the Justices. If she had, in fact, handed him £4. he vfrnld not have taken it at that time. Plaintiff said he was not going to pay; it tvould be cheaper to go inside." When he asked what would happen if he did the 14 days, witness replied: The debt will be wiped off." At that time plaintiff had made no offer of payment. Witness declared that Keeling told him the 14 days did not cover the whole amount, but only £4, he (witness) answered: If Clerk said you were committed for 14 days for an instalment of £4, then he must be right." Keeling said: I don't blame you for what has happened, but someone is to blame.

I mean to stir up some trouble over this. I don't care who is to blame as long as it is not you." At no time did witness say to any member of the Keeling family that the warrant was worded differently. The only thing different about it was that the amount was altered from £37 to £32. Keeling told him he did not intend to pay. On Dec.

28 Mrs. Keeling produced a registered envelope, saying: This is the money I was going to send last time. There it is, and there it is going to stay. I am not going to pay on principle." On Jan. 1, when witness took plaintiff for the second 14 days' imprisonment, plaintiff said: Now that I am going in again my solicitors can get to work Plaintiff also said he blamed the Clerk to the Justices for what had happened, adding: If 1 have a go at you it is the only way to get at him." Cross-examined, defendant said that he realised afterwards that he had misread the warrant No money was produced to him on Oct.

19. At first I thought that he had viped out the debt," said witness. I changed ray mind when the second warrant was issued." The Judge. In your reading of the warrant you took it that it wa for the full Yes, long have you beer in the Police Eleven vears. In giving judgment, the Judge said he thought the defendant had told the truth so far he remembered it.

I don't think anyone can make an attack upon his honesty in this matter," his Lordship added. I am not satisfied that the A was put before him or that the registered envelope was seen by him. However. it was indicated to him that £4 was ready, which he could have taken had he wanted to. But the constable made it clear that £36 was all he could accept, and tnis made the tender of £4 unnecessary.

His Lordship added that he had no doubt that plaintiff thought it would be a good bargain to go to gaol for 14 days to get out of paying £36. But prison was not quite what he thought it might be It might have been that plaintiff went rather readily to prison. I think the £4 ought to have been observed his Lordship. The question was as to costs; he thought that the right sum was and he would give judgment for the plaintiff tor that amount. I wish to add that I think the officer was placed in a difficult position." observed his Lordship.

"No reflection ought to be cast on him." Upon the question of costs, Mr. Flowers agreed that the action could have been brought in the County Court, but he asked that the costs should be on the High Court scale. His Lordship said he saw no reason to make any special order as to costs. He thought the constable behaved most considerately. While it was an interesting case, he saw no reason why it should have been brought, particularly in war time, when every police officer was called upon to do many duties.

WEDNESDA Y. A MARGARETTING ACCIDENT. Bertie Wm. Wright, 54, labourer, of Wantfield Cottages, Margaretting. sued Frank Hayward of Boyce Road, Tidal Basin, for damages for injuries sustained when knocked down by a car driven by the defenda t.

Mr. Tristram Beresford, K.C., was for the plaintiff, and Mr. M. Berryman represented the defendant. The actio arose out of an accident at the Maldon Road cross-roads, Margaretting, at 10.30 p.m.

on July 2, 1939. The plaintiff an old soldier, who was severely wounded in the last war, was on a visit to a frienri in hospital, and while walking was knocked down by a car driven by defendant and severely injured. P.c. said defendant was the driver, but not the owner, of the car, the off side door handle of which was ripped off. Witness could find no witnesses of the accident There were no street lights at the spot.

James H. H. Pearson, Bruno Street, the owner of the car. said defendant frequently it. On the day of the accident thev had been to Clacton.

Hayward driving. Plaintiff walked diagonally across the road and did not appear to be lookng. He apparently walked into the side of the car, the speed of which was 25 miles per hour. Mr. Berryman asked for an adjournment to enable the defendant to attend the Court, and the Judge said he would resume the case in London a week hence.

£490 FOR GIRL'S SCAR. Coleen Eva Boyle, 18, of Newstead, Hutton, claimed damages for personal injury sustained in a collision between a car owned by her father, and a lorry. The defendants were Leslie Ernest Boyle, the ownei of the car, and Cattermoles Transport, of Pentonville Road, Islington, the owners of the lorry, which, it was alleged, was driven negligently. Mr. John Flowers, K.C., and Mr.

J. C. Llewellyn were for the plaintiff. Mr. Tristram Beresford, K.C., and Mr.

M. Berryman wee for Boyle, and Mr. Marven Everett represented Cattermoles Transport, Ltd. Mr. Flowers said the action arose out of a collision on the main road at Margaretting on May 1.

Plaintiff was a passenger in a car owned by her father and driven by her sister, and they were travelling to Chelmsford to go to a cinema. A car driven by a soldier was in front, and a stationary lorry was on the off side, blocking part of the road. Defendant's lorry came along from the opposite direction and pulled out to overtake the stationary vehicle. The car in front was just able to pull up and avoid a collision, but Miss Boyle was faced with the prospect of running into the back ol the car or swerving to the right. She swerved and collided with the stationary lony.

The injuries to the plaintiff vere serious, and included a deep lacerated wound right across the side of the face, necessitating eight stitches. The really serious matter was the scar that this girl of 18 had upon her face. Although a plastic operation might render an improvement, the scar would never be eradicated. She now suffered from headaches. At the time of tne accident she was assisting her father who was then the licensee of the Rea Lion Inn, Margaretting, but she had arranged to start as a probationer nurse at Oldchurch Hospital on May 10.

Her wages, would have been a week. The Judge: I have often thought that of all the protessions, the one that is the most under paid is the nursing it is the hardest worked. Unions ask for increases in wages, but not so nurses. They do their work very largelv for the love of it. Dr.

H. A. H. Harris, of Chelmsford, said there had been no improvement in the condition of the scar during the past two months. He would be prepared to perform an operation which would render the scar less conspicuous, but it could not be entirely eliminated.

Dr. Craig Norris, London, called by Mr. Everett, said he would expect the scar to become less conspicuous during the next few months. Joan L. Boyle, the drivei of the car, said she had driven for four years, and had a clean licence.

Going down the hill her speed was about 35-40 miles per hour, and when the car she was following pulled up suddenly she put on her brakes, and saw a big lorry coming through between the other car and a stationary lorry. There was nothing more that I could do," she said. The lorry hit my near side. I was badly bruised." Mr. Everett: Don't you think you were driving too close behind the other There was no danger, so far as I know.

Alfred B. Watt, of Rushgrove Avenue, Hendon, the driver of Cattermole's lorry, said he had held a licence for 28 years, and had a clean record. Seeing the conditions of the road, he had no hesitation in giving a hand signal and passing the stationary lorry. Two cars approached, one in front of the other. The first eased up, but the second violently pulled to its off side.

Witness had eased up, and he applied his brakes. His lorry was almost at a standstill when the second car collided with it and the stationary lorry. Addressing the Judge upon the question of damages, Mr. Everett said emphasis had been made of the plaintiff's lessened chances in the matrimonial market, but he asked his Lordship not to pay too much attention to that. People do not fall in love because one of them has, or has not, got a scar," he said.

In any case, her appearance has not been made unpleasant so that she cannot resume her nursing career." Mr. Flowers urged that this was a case for damages. Here you have a rather attractive girl of 18. six months after the accident with a horrible scar across her face. It might have very distressing consequences.

Girls are proud and sensitive of their appearance. It may or may not affect her matrimonial chances, but she is certainly not fit to do nursing yet. The Judge said Cattermole's lorry pulled out at a time when it should not have done. In his view, the lorry driver should have waited for the two cars to pass. But he did not, and either he mis judged the distance or he took a risk.

It was, said his Lordship, not easy to assess damages in a case of this kind. Here was a girl with an unpleasant scar on her face. He thought proper dam- ages would be £491, and he gave judgment accordingly against Cattermoles Transport, with costs. There was judgment for Mr. Boyle against Cattermoles, with costs.

Mr. Everett asked for a stay of execution. The Judge: I am not against appeals by any means, but I am not going to encourage them on a question of fact in war time. THURSDAY. £100 DAMAGES FOR MATRON.

Elsie Butterfield, a State Registered nurse, of Leyton, brought an action against Mrs Dorothy Hackney, of The Auberies, Blackmore, for damages for alleged slander. Plaintiff also asked for an injunction against the defendant, who did not appear when the case was called. Mr. fcvrrett, lor tne piainuti, said Miss Butteifiud was Matron of Ongar and District Cottage Hospital, where Dr. Z.

H. C. Hackney, husband of the detendant was surgeon. It became clear to Miss that things were going to be somewhat difficult there. Apparently, Mrs Hackney was out to make trouble.

Matters came to a head on June 3, 1939. On that night Dr. Hackney, who had been working extremely hard and was tired, told Miss Butterfield that he wanteu to rest. Miss Butterfield showed him to an empty ward, covered him with a blanket, and went out. Mrs.

Hackney, with another lady, came to the hospital at 11 -tO p.m. They had been looking through a window and had seen Dr. Hackney lying down and Miss Butterfield covering him with a blanket. Mrs. Hackney became hysterical and used most abusive remarks to Miss Butterfield.

She accused hei ot not being qualified to be Matron, staung that she was not fit to be Matron, and made suggestions against Miss Butterfield's chastity. So unpleasant did the dispute become that Miss Butterfield sent for the police. Mrs. Hackney repeated the accusations in front of the policeman, who eventually persuaded her to return home. Mrs.

Hackney, said Counsel, was in a position to do the plaintiff incalculable harm in a small country town. It was, he said, a cruel, vicious and malicious slander. Miss Butterfieid felt that she could not take another position as matron of a hospital. What references was she to get. with her name linked with that of the surgeon of the same hospital? There is not a single word of truth in the allegations, and, naturally, Miss Butterfield desirea to have her character vindicated.

Plaintiff in evidence, detailed the alleged slander. Among other things, Mrs. Hackney said: I don't know about my husband being a surgeon I think he is a Bluebeard. I think he has got his twelve wives," making allegations. She also called plaintiff a dirty slut," and alleged that she was not fit to be matron ana had no right to wear the uniform.

Mr. Everett: Is there any foundation for these sir. Evidence was also given by Rita Barnes, a nuise, and P.c. Artis. The latter stated that he was called to the hospital, where Mrs.

Hackney said, That's the bed he was laying on, with that dirty slut in his arms." The Judge said there was no evidence of any repetition of the slander after June 4, 1939, yet the writ was not issued until March of this year. Having regard to that, he could not grant an injunction In respect of the slanders he would award the plaintiff £100 damages, any costs. He gave liberty to apply for an injunction. His Lordship added: "As thi slander has been repeated in Court, it ought to be made clear that there has been no suggestion made before me that the words were true in any sense The plaintiff has adopted the profession of and there is no ground so far as I see it, for the slightest reflection upon her. The damages which I have awarded are intended to show that." CAR COACH CRASH.

Mrs. Annie Dora Florence Rayner, of Bourne Road, Colchester, claimed damages for personal injuries from Augustus Charles Wyatt, of Mapledene, West and Westcliff Motor Services, Percy Lamb was for the plaintiff. Mr. Tristram Beresford and Mr. M.

Bull were for the first defendant, and Mr. M. Berryman for the second defendants The action arose out of a collision on July 16, 1939, at a bend in the road at Woodham Ferrers between a car driven by Wyatt, in which car the plaintiff was a passenger, and a driven by Herbert Wm. Oldmand. a servant of Westcliff Motor Services.

Wyatt declared that the coach was going at excessive speed, and cut -the cornei. Oldmand alleged that the car turned sharply to the right, and there was nothing which he, travelling at 10-11 miles per hour, could do. His Lordship said the damages had been agreed at £450, and the only questjon for him to decide was whether thj liability was on the first or second defendant, or both. His view was that if Wyatt had kept to his proper side of th: road, the accident would not have happened. His Lordship thought the coacfi was being driven on its proper side of the road, and that it was not going fasl.

Therefore, there must be judgment for the plaintiff against Wyatt for £45) agreed damages and costs, and judgment for Westcliff Motor Services, with costs, against Wyatt. AMBULANCE DEPOT THEFT At Colchester on Nov. 1, James Walter Harris, 29, stretcher bearer, of North Station Road, Colchester, was charged with stealing a Yale lock, keys, chain, and two spanners (value of Mrs. Gwendolyn Hodson; and on two different dates two purses, each containing the property of Miss Alice Lilian Gower. Both Mrs.

Hodson and Miss Gower are employed at an ambulance depot where Harris was working. Mrs. Hodson said her property was left attached to a cycle in the depot garage. Miss Gower stated that she left one purse in an attache case at the cottage of the depot, and the other purse was hanging in a coat behind a door. Det.

"Storey stated that when interviewed Harris denied all knowledge of the thefts. At his house were found the articles mentioned in first charge. When this was pointed out to him, he made a statement, admitting the thefts. Prisoner- I deny the whole lot. I don't know anything about it.

The reason I told him that was because my wife was in the next room, and the only way I could see her and get out that night was to admit I took the purses. Prisoner also alleged that in the police van the detective threatened to smash him in the face. Det. Storey denied the allegation. Harris.

It is true about the locks, spanners, and keys, but I know nothing about the purses. Chief Inspector D. E. Clear: Did you jump out of the car and And it tootc four men to get you It took more than four. The Chairman (Mrs.

P. R. Green), in announcing sentences of three months' on each charge, two of which will run consecutively, said it was deplorable and disgraceful that Harris should betray his trust in a service so useful to the community. KILLED IN RAIL CRASH Among the 26 people killed when an express from Paddington to Penzance was derailed. near Taunton on Monday, were Mr! James W.

Rivett, Metropolitan Police, of Tudor Road, South and Dr. and Mrs. John Gilchrist Coltart, of Shortlands, Kent. Dr. Coltart was one of the senior members of the staff of Beckenham Hospital, and formerly resident medical officer at Brentwogd Mental Hospital.

Dr. and Mrs. Coltart leave two daughters. Two months ago their house was partly wrecked by a bomb. The Red Cross Agriculture Fund, known as The Farmers' Own Wartime Fund." cow stands at £170,000.

MORE MALDON SHELTERS A special meeting of Maldon Town Council was held, to discuss the extension of air raid shelters in the borough. Introducng the report of a sub-committee, Aid A. L. Clarke, J.P., said when they were informed that the Government would take full financial responsibility, the Council decided to go ahead with a scheme as soon as possible. The sub-committee's proposals were that existing shelters in the borough, which were becoming used as a matter of course as dormitories, should be provided immediately with sleeping bunks, heat apparatus, and external sanitary accommodation, at an estimated cost of £511; that the Essex Education Committee be approached, with a view to air raid sheltdfs erected for school children being used by the general public before and after school hours; and that with a view to obtaining a rapid increase in the amount of shelter space available, application be made to the Regional Commissioner for approval to the construction of new shelters at an estimated cost of £5,000.

with fittings £5,500. It was estimated that the existing shelters accommodated 1,143. school shelters 700, and the proposed shelters 2,000 total of 3,843, or 42 per cent of the population. A further recommendation was that three shelter wardens be appointed immediately at wages comparable with the Council's normal employees, to take charge during the hours of darkness, and to be responsible for the care and cleanliness of the shelters. It was also suggested that consideration be given to devising a ticket system for admission after darkness and for allocating the sleeping bunks.

Mr. F. Rath, borough surveyor, submitted a report as to the best sites for the proposed shelters, bearing in mind possible further use for them at the end of hostilities. I Cr. C.

C. Cowell said they had to consider shelters, and not what they could be used for at the end of the war. "It may be a matter of life and death," he said. Sites provisionally fixed for new shelters were: Volwycke Avenue, junction of Fambridge Road, two shelters for 48 persons each; South House Housing Estate, two; Fitch's Crescent, three; Hythe Quay and top of Church Street; North Street; Webb's Yard; Victoria Road, junction of Butt Lane; Queen Street, two, King Street, two; Fambridge Road, two, and one at old Pound site; Mount Pleasant, two; Cherry Gardens, two; Silver Street, facing top of Cromwell Hill; Fullbndge; Causeway Holloway Road two; Colchester Road; Recleation Ground; Goldhanger Road, near the Council houses: Stock Terrace; Heybridge Basin, two; High Street, three: London Road; one more at- Heybridge. The prooosals were unanimously carried, and will be sent to the Regional Commissioner for approval.

A £10 LIGHT FINE Mrs. Maria Ann Evans, of High Dedham, was fined £10 at Lexden and Winstree Session for displaying a light at 10.10 p.m. She did not Police evidence was that lights in the house had been the subject of previous warnings. The Chairman (Mr. S.

L. Bensusan) said the Bench would endeavour to stop the displaying of lights. CHELMSFORD BANKRUPTCY COURT NOV. 6. Before the Registrar, Mr.

Francis Ward. SURPLUS CLAIMED. Harold Victor Cornish, of Botney Hill Farm, Little Burstead, whose examination had been adjourned to enable him to file an amended statement of affairs, did not appear when the case Assistant Official Receiver. Mr. D.

Evans, said debtor was causing consideiable difficulty in the realisation of the assets, inasmuch as he had refused to leave the farm. He omitted several large creditors from his original statement of affairs, and he had now filed an amended statement, which increised his liabilities from £775 to £986. Whatever he has done ae has done very reluctantly, and when I speak to him he adopts a very aggressive attitude," said Mr. Evans. Debtor apt eared at this stage, and said he had been held up by traffio delays He still estimated his net assets at £1.441.

which would leave a surplus of v.455. Mr. Bernard Phillips (representing the trustee Your daughter claims some chickens on Botney Hill Debtor She cannot claim them now, because they have been taken by a fox. It is up to you to claim from the Hunt. The examination wa-s adjourned for closing.

DID NOT APPEAR. illiam btaniey Olley, butcher. Ripple Road, Barking, failed to appear for his public examination. The Assistant Official Reoeiver Baid that this was a very unsatisfactorv "ase. After considerable trouble and threats of applications to the Court, debtor filed his statement of affairs, and was ordered to lodge certain accounts He had failed to render these accounts.

Soon after his preliminary examination debtor went to join his wife, who had been evacuated to near Tauuton. All communications to him had merely produced short letters of excuse. Debtor failed to attend for nis public examination at the last Court, and two or three creditors who we present then had again attended to-day at considerable inconvenience and expense. It was later learned that the debtor did put in an appearance, two hours after the rising of the last Court. The Receiver read a letter Nov.

4 from the debtor, who said he very sorry for all the inconvenience he had caused, but he had changed his address. His wife had been seriously ill, and he was recovering from influenea. He arrived late at the last Court, because of air raid warnings and bad communications, and lost his job, because he did not get back in time. was in distressed circumstances, but now had another job, and he asked for a month'-s adjournment, to enable him to get straight The Receiver added that there were several matters in connection with the debtor's transactions which required investigation. The case was adjourned to the next Court, and the Reoeiver said he would notify the debtor that unless he appeared steps would be taken to enforce his attendance.

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