'Possession nine points of law' – man claims
A case of very unusual character came before Mr George Rowntree and Mr Joseph Sinfield at the Scarborough police court today (Wednesday), when John Henry Shaw, 4 Cambridge Terrace was summoned for having stolen four keys value 5s, the property of Arthur Prince.
Mr J Whitfield, for the prosecution said that 15 Albion Road was, some considerable time ago the property of the defendant's father and mother and was mortgaged to Mr Jackson for 1,200. In January, 1908, in consequence of the interest not being paid, the property was offered for sale by the mortgagee. So far from the property realising the amount of the mortgage, 1,200, it only sold by auction for 800.
Consequently there was a loss sustained by Mr Jackson.
In March last, Mr Jackson having died, the house was let on behalf of the executors to a tenant who was now wishful to take possession. The lady who agreed to become the tenant found on going to see about having the house cleaned down and repaired, that the defendant seemed to spend a good deal of his time in the house. Defendants' mind appeared to be somewhat affected and some time ago he was in an asylum. The prospective tenant seemed nervous about going into the house with this man hanging about. In March the house was properly locked up but a window appeared to have been broken – it was not suggested by the defendant – and the defendant appeared to have got through the window, locked the door on the inside, and taken away the keys. There were four keys taken in that way. Consequently when the landlord's agent went into the house he was unable to gain admission by the latch key. When Detective Yeoman went he found defendant inside. A new key was obtained and that also had been taken away. Defendant had been seen by Detective Yeoman and the prosecutor, and to both he had admitted these keys in his prossesion. If this man was wandering about he should be examined as to his mental condition.
Mr Whitfield suggested that would be the best course to adopt. If defendant was all right mentally this offence had clearly been committed. If not then it was another matter.
Detective Yeoman stated when he went to the house defendant said to him. "Possession is nine points of the law; the house is my property, and if they want the keys they will have to take them from me by law."
Defendant now made the claim to the Bench that the house belonged to him. Upon this the Bench expressed the opinion that there was not sufficient evidence to convict.
Mr Whitfield then urged that it was not what defendant said or thought, but what was actually the case.
The magistrates' clerk (Mr ER Cross): The civil law exists to deal with such cases and not the criminal law.
The chairman: We are of opinion he has acted stupidly, but that is not a criminal charge, and we do not think there is any felonious intent, and shall be bound to dismiss the case.
Mr Whitfield asked for an adjournment, but the Bench dismissed the case, intimating that fresh action could be taken in the matter.
The magistrates' clerk, speaking to defendant said he was acting foolishly, and might incur himself in heavy damages. It would be better for him to consult a solicitor and lay the whole matter before his legal adviser.
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Weather for Scarborough
Thursday 24 May 2012
Today
Sunny spells
Temperature: 11 C to 18 C
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