- 7 months ago
Defendant Robert Aldrich is charged with harassment, whilst trying to evict a farm worker from his tied cottage.
Loads of actors from Doctor Who in this one. Defence Counsel played by Richard Wilson (The Empty Child); the Judge played by John Woodnutt (Spearhead from Space, Terror of the Zygons and Keeper of Traken); Prosecuting Counsel played by John Flanagan (writer of Meglos); Robert Aldrich played by William Russell (played companion Ian Chesterton opposite William Hartnell's Doctor)!
Loads of actors from Doctor Who in this one. Defence Counsel played by Richard Wilson (The Empty Child); the Judge played by John Woodnutt (Spearhead from Space, Terror of the Zygons and Keeper of Traken); Prosecuting Counsel played by John Flanagan (writer of Meglos); Robert Aldrich played by William Russell (played companion Ian Chesterton opposite William Hartnell's Doctor)!
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TVTranscript
00:00:00Robert Aldridge, farm manager of St Mary's Stoken Farm is accused of
00:00:29harassment contrary to section 30 of the 1965 Rent Act. He's pleaded not guilty.
00:00:34The jury in this trial has been selected from members of the public whose names
00:00:38appear on the electoral register. I've never seen a man more beside himself. He
00:00:43just pushed straight through my front door into my lounge and started shouting
00:00:47pushing us about, me and my wife that is. This is a tied cottage he shouts and you
00:00:53have been sacked so you can effing well get out. Actually he said something
00:00:58stronger than effing my lord. I told him he couldn't just walk straight into
00:01:03people's private homes and start behaving like Adolf Hitler but he said
00:01:08he had every right and that it are for mine to chuck us right out there and then
00:01:12break the door down if necessary and set the dog on us because we were worse
00:01:15than animals ourselves. Then he started to kick the furniture around saying to
00:01:22get rid of these effing old sticks. Actually he said something stronger yes.
00:01:29Yes Mr Lloyd. So what did you do Mr Gibbs? When I got rid of him I rang the police.
00:01:35Yes and you made a complaint against Mr Aldridge the defendant harassment
00:01:39contrary to section 30 of the Rent Act of 1965. That's right there was this
00:01:45other business as well. Yes we will be coming to that. Now how did you get rid
00:01:49of the accused on this occasion? Well I kept as calm as I could reasoned with
00:01:54him that seemed to deflate him more than if I'd shouted back and in the end he
00:02:00just sort of ran out of steam and walked back out through the front door. And your
00:02:03wife? What part did she take in all this? Well she was terribly upset terribly.
00:02:11Made her ill and she lost the child you know she was took the next day. She
00:02:15miscarried. That's right. And this was as a result of the defendant's behavior.
00:02:20Honour. The witness is not competent to answer medical questions Mr Lloyd. Your
00:02:26Honour surely this is a matter of common sense. I disagree. What you are asking is
00:02:30a question for an expert witness not a layman. Then let me put it this way. Are
00:02:36you aware of any reason other than the shock of this distressing incident? Oh really Mr Lloyd you are now
00:02:40leading the witness as well apart from everything else it's quite immaterial
00:02:45whether the accused conduct provoked the miscarriage. This is not a claim for
00:02:49damages. It would however be material to show that the accused knew Mrs Gibbs was
00:02:55pregnant when he went to the house. As your honour wishes. Did the accused know
00:03:00your wife was pregnant Mr Gibbs? Well he must have. I mean it was obvious. I see. Now how
00:03:06long have you been working for St Mary Stoke and Estates? Ten years. And what was
00:03:10your position on the farm? Senior stock. Had you held that position for a long
00:03:14time? About five years. I started as general farm man then herdsman then
00:03:19senior stock. Yes. What position does the defendant hold? Well he's farm manager
00:03:24isn't he? He was my boss. Yes. Did he give you your first job on this particular
00:03:28farm? Oh yes. And what sort of relationship did you have with him? Well
00:03:34we got on fine for years. So did our wives. Used to go out a lot together
00:03:41dancing and that. We were all very fond of dancing. At one time we all went on
00:03:45holiday together and then these last three years things fell off between us.
00:03:53Why was that? Well it was because of this tied cottage business wasn't it? Well I
00:03:58don't know Mr Gibbs. You tell us. Well I became local secretary of the FUGB. What
00:04:04is that? FUGB. That's the Farm Workers Union of Great Britain your honour. Ah I see.
00:04:09We have been fighting this tied cottage business for years, for decades. I mean I
00:04:15know we've got this new law that's just come in but it's so warty it doesn't cure
00:04:18anything. Now Mr Gibbs you must leave the question of law to me. The alleged
00:04:24offence happened before the recent rent agricultural bill became law. So it is
00:04:30quite relevant. Well it's barbarous when you and your children can be chucked out
00:04:32into the fields just on the mere whim of the farmer even if you're ill and
00:04:36sometimes just because you are ill. Mr Gibbs that's enough. I think a
00:04:42straightforward definition of a tied cottage might be helpful to the jury at
00:04:47this stage. Will you please tell the jury what in simple terms a tied cottage is?
00:04:54Oh yes well it's a house or a bungalow owned by the farm and if you work for
00:05:03them then you've got to live in that as part of your job. So that means that if
00:05:08you lose your job you can be chucked out into the fields. Your honour in fairness it
00:05:13should be stated that an eviction could only take place with a court order which
00:05:16in this case my client had already obtained. Mr Parsons that is a matter of
00:05:20a cross-examination. Now Mr Gibbs did this disagreement between yourself and the
00:05:28defendant affect your standard of work for the farm? Of course not. And your
00:05:32employment continued? Until the 3rd of September 1975 and he suddenly sacked me.
00:05:39Said I'd got unreliable, my work was bad but it's all lies. There's nothing wrong
00:05:45with my work. I have got certificates and prizes. I have been awarded prizes for it.
00:05:51Now anybody can tell you that. Now was your house mentioned when he sacked you?
00:05:56Well he told me to get out because he wanted it and I told him that wild horses
00:06:02wouldn't drag me out so he got a court order to chuck me out. What date was that?
00:06:065th of January last year. The most hateful day of my life. And how long did the court
00:06:11order allow you? Well six months but this was my home. I mean this was the only
00:06:18home that my wife and I had ever known. The work I'd done in it. Built a greenhouse,
00:06:24built an extension, done the plumbing and I hadn't done anything wrong. How did
00:06:30the accused behave towards you during those six months? Well he didn't do
00:06:36anything for a long time and then he suddenly cut off the electricity, the
00:06:41water, the sewage. Your Honour, really my learned friend must elicit his evidence
00:06:45properly so we know what is evidence of what is merely hearsay or assumption. You
00:06:50really must keep your witness on the rails Mr. Lloyd. Did you see the
00:06:55defendant do those things? No but he turned them on again short while later
00:07:00so he must have done mustn't he? You may tell us only what you saw yourself. Now
00:07:06do let's get on with it. Apart from the services being cut off did
00:07:11anything else happen during those six months? Well yes. Two weeks later there's
00:07:16what I was telling you about. When he pushed his way into my home, sort of
00:07:20threatening us, kicking the furniture about, swearing at us. That's harassment
00:07:25isn't it? It's barbaric. That's harassment under the Rent Act section 30. Yes thank
00:07:31you Mr. Gibbs. Would you wait there a moment please? Mr. Gibbs you are chairman
00:07:37of the subcommittee of the Farm Workers Union of Great Britain which is fighting
00:07:40a campaign to abolish the tied cottage system altogether. Nothing wrong with
00:07:45that is there? Did you organize a mass lobby of MPs on the issue last June and
00:07:49have you contributed at least five articles to the local newspaper about
00:07:53the subject? Yes I have. And is that why you've written to every national and
00:07:58Sunday newspaper virtually inviting them to this trial in closing a summary of
00:08:02the facts which I can only describe as splendidly dramatic? It's a terrible case
00:08:07of harassment. People should know about it. Oh certainly Mr. Gibbs if these are
00:08:11the facts. I'm just rather disappointed that you don't make any reference to
00:08:16thunderstorms, miserable hovels in the workhouse. I mean the fact is that the
00:08:22tied cottage issue is a highly emotive one isn't it? Hmm? People get very worked
00:08:29up about it. Yeah well so would you if you lived in one. Yes well did you make a
00:08:34speech the text of which I quote from your union newsletter which you say the
00:08:41system makes us all complete serfs and we must break it no matter how and no
00:08:46matter what the cost. I did and I stand by every word of it. Yes so it's quite
00:08:52clear that you have a very strong ulterior motive in bringing this case
00:08:55isn't it? Is it? You have an axe to grind Mr. Gibbs. You rather like the
00:09:01limelight too don't you? I want to see justice done. Oh yes so do we all Mr. Gibbs.
00:09:09That's why we're all here. Now when exactly do you say you were sacked from
00:09:17your job? 3rd of September 75. Yes 17 months ago and where are you living now?
00:09:23In my house. Yes so the possession order was never executed. He was afraid to
00:09:30execute it. Yes. Are you paying rent? No but. So for well over a year now you've been
00:09:36living in this house absolutely free of charge. Yes but I'm unemployed. An
00:09:41unemployment benefit? Yes but. And supplementary benefit? That is my
00:09:46entitlement. I've been contributing for years it's an insurance you know not a
00:09:51charity. And what sort of car do you run Mr. Gibbs? Renault 12. What year? Last
00:10:00year. So it's not quite a case of grinding poverty then is it? Yes but I'm
00:10:04one of the lucky ones. It's all very fine for you to make me look stupid Mr.
00:10:09smarty-pants but farm workers and the most exploited captive labor force that
00:10:13this country has ever. Mr. Gibbs I really cannot allow you to address learned
00:10:20councillors smarty-pants. For your part Mr. Parsons you are straying somewhat
00:10:27far from the issue of harassment. In my submission this is a case where a
00:10:31certain amount of background material is essential for the jury. I would agree
00:10:35to a certain amount but maybe keep it to a minimum. Your honor. Now Mr. Gibbs you've
00:10:40told the court that your dismissal on September the 3rd 1975 was an act of
00:10:45victimization. That's right. Did you then apply to the Industrial Tribunal for
00:10:50compensation for unfair dismissal? What? Well come now Mr. Gibbs being such an
00:10:56active Union man you would well know the procedure for dealing with a case of
00:10:59unfair dismissal through victimization. I didn't bother with that. You didn't bother?
00:11:04To tell you the truth I was sick of Aldridge. Sick to the back teeth with
00:11:09with him and the whole damn business. I didn't want dismissal but when it came I
00:11:13thought right move on. That's just what you didn't do. Yeah but I couldn't get a
00:11:20job. Well my instructions as a result of inquiries with the Footster Job Center
00:11:26are that between November 1975 and August 1976 you were offered three
00:11:32positions as a senior stockman and local farms. Two at markedly higher rates than
00:11:37you've been getting at St. Mary's Stoken and you turned them all down. But they
00:11:41weren't suitable. You said just now you couldn't get a job. Couldn't get a
00:11:44suitable job. But you turned these down and the reason is clear isn't it? You
00:11:50wanted to stay put. You wanted to create a crisis in your tied cottage tenancy so
00:11:55you could invite the press to follow it stage by stage and this would enormously
00:11:59strengthen your case for abolition. That's why you cooked up this entirely
00:12:03baseless charge of harassment isn't it? I have never heard so many damn lies in
00:12:08all my life. Why turn down two better paid jobs and stay put unemployed?
00:12:26I should like to turn now to the events of June the 17th 1976 when you claimed
00:12:34that the defendant entered your house by force and shouted at you and threatened
00:12:38you and kicked the furniture about and so on. Yes. Who else was present? My wife
00:12:44Bob Aldridge and the man who took over my job. Mr. Kenneth Clayton. That's him
00:12:51yes. Yes well we'll be hearing from Mr. Clayton later. Sir there was just the
00:12:55four of you present. That's right. Would it surprise you to learn Mr. Gibbs that
00:12:59both the defendant and Mr. Clayton have an entirely different version of what
00:13:03happened that morning? Well they would have wouldn't they? I mean they say it
00:13:07was you who went berserk who started shouting at them and threatened them and
00:13:12physically pushed them out with a stream of obscene abuse while they remain calm.
00:13:17Absolute lies. You're quite sure about that? Of course I'm sure of it. You kept
00:13:25you kept calm and reason with him. That's right. Really Mr. Gibbs is the way you
00:13:31feel about tied cottages? Beg your pardon? Well I mean we've all seen the effect
00:13:37that the tied cottage issue has upon you here in this court and you're asking us
00:13:41to believe that confronted by the man who had unjustly sacked you who had
00:13:45victimized you who had obtained an eviction order to put you and your
00:13:48pregnant wife out into the gutter who had entered your very home to abuse and
00:13:52insult you that faced with him you kept calm and reasoned with him? What was it
00:13:58to reason about for goodness sake? I told him to sit down and to talk about it
00:14:03sensibly. I see. Now tell me Mr. Gibbs are you a violent man? Of course not.
00:14:18Does your honor have any questions for this witness? No thank you. You may go and
00:14:24sit down.
00:14:26I call mrs. Margaret Gibbs. I swear by Almighty God that the evidence I shall
00:14:44give shall be the truth the whole truth and nothing but the truth. Give mrs.
00:14:48Gibbs a chair would you? No that's all right. Are you sure? Yes that's quite
00:14:53all right your honor. You are mrs. Margaret May Gibbs the wife of Ralph
00:14:58Gibbs formerly senior stockman for St. Mary Stoke and Estates Limited. Yes. What
00:15:03is your address mrs. Gibbs? Valley Dean Stoughton farm St. Mary Stoughton. Yes
00:15:09that is the service house which you and your husband originally occupied as part
00:15:13of the terms of his employment. It's a tied cottage that's right. Would you
00:15:17please speak up a little mrs. Gibbs? Oh I'm sorry your honor.
00:15:20Mrs. Gibbs the court has heard how your husband's employment was terminated and
00:15:25how the County Court made a possession order on January the 5th of last year
00:15:30giving you six months notice. Oh be thrown out that's right. Now was there
00:15:34any communication between yourself and the defendant for the first five of
00:15:39those six months? Well I used to see him from time to time. I mean bump into him
00:15:43like coming and going. Our house was just down the lane from the dairy complex you
00:15:48see and he used to ask me when we were gonna go that sort of thing. What would
00:15:53you reply? Well that we had nowhere to go and was he gonna throw us out into the
00:15:57gutter. Now did he ever threaten you in any way at that stage? No. No? Oh he used
00:16:06to say that the herd would suffer because there was no stockman on site. I
00:16:09mean if a beast was ill in the middle of the night then she'd be just left to
00:16:12suffer because of us. And that worried you? Of course it did. My husband's a
00:16:18good stockman and good stockmen care about their beasts and I care about my
00:16:21husband. And did any suffer to your knowledge? No. Oh one died. That was 127
00:16:29and he tried to make out that it was due to us and there being no one there but I
00:16:33don't think it had anything to do with that. Did you say 127? That was her
00:16:37number your honor. I always thought cows had names. It's only in children's
00:16:42storybooks where they're called Daisy. Oh. Did the cow's death concern you?
00:16:50Well yes of course it did. But we had nowhere to go. I mean the herd's
00:16:56important but when it comes down to it people are more important. Now I want to
00:17:01ask you about the events of June the 1st last year. Oh yes. Do you remember what
00:17:08happened? Was that when the sewage and that? Would you tell us about that
00:17:12please? Well I was working in the kitchen and I had the washing machine on and
00:17:18then suddenly it stopped. The water and the electricity. So I went all around the
00:17:23house and I tried all the taps and switches and they was all off. And then
00:17:27the next time I flushed the jacks it all came up all over the garden. I mean it
00:17:30was it was disgusting. It was unhygienic. Flushed the what? The toilet. Ah yes. What
00:17:37time was that? Be the middle of the afternoon about three o'clock. And could
00:17:42you see what had caused these stoppages? Well no. But since all three things went
00:17:46off at once then it stands to reason... Mrs. Gibbs I'm afraid you mustn't tell us what you
00:17:49think the cause was but only what you actually observed for yourself. Now did
00:17:54you take any action as a result? Yes I did. I went and found Bob Aldrich and I
00:17:59asked him what the hell he thought he was playing at. And he said that I'd got
00:18:02no call to go crying my rights after the way we'd behaved and that I was
00:18:06trespassing and to get off at the double or he'd shoot my effing feet off.
00:18:10Actually used a stronger word than effing my lord. So I went home and I
00:18:17phoned the newspaper man and he came round and saw for himself and then he
00:18:21wrote about it two days later. May she be shown exhibit two please.
00:18:31Is that the article? Yes that's it. That appeared two days later. That would be on
00:18:37June the 3rd. That's right. Do you know whether the accused took the paper at
00:18:41that time? Yes regular. So he would have seen this? Yes. Now did anything else
00:18:47happen on the day that that article appeared? Yes the water and the
00:18:52electricity and the sewage was all suddenly restored about nine o'clock.
00:18:56That would be a few minutes after the paper would be delivered at the farm
00:18:59manager's house. Yes could you see how these services had been restored? No but
00:19:06a few minutes afterwards I saw Bob Aldrich skulking around the dairy
00:19:09complex not 50 yards off. Skulking your honor? Furtive looking. In what way?
00:19:15He was half leaning forward half crouching looking like he didn't want to be
00:19:19seen I thought and he could have turned everything on and off from where he was.
00:19:23I mean the stopcocks were all where he was. Now I'd like to ask you
00:19:28about the events of June the 17th last year when the defendant visited your
00:19:33home. Oh when he kicked the furniture in that. Would you tell us about that? Well I
00:19:40was working upstairs and I heard this banging and shouting about so I went
00:19:45down and there was Bob Aldrich in the middle of our lounge. He was almost
00:19:49purple in the face and shouting at our Ralph that number 127 had died and that
00:19:54he'd been up all night trying to save her. When the effing hell were we gonna
00:19:58get out and let the regular stockman move in? Well Ralph tried to talk sense
00:20:03to him but he wouldn't listen to reason and then he started kicking the
00:20:06furniture our wedding suite in that and he started pushing Ralph around the room
00:20:11and shouting that he was gonna put the dogs on us because we were worse than
00:20:14animals ourselves and then suddenly he left. What effect did this have on you?
00:20:22I was sick. I mean this was our home and and he was like the Gestapo. I mean he
00:20:31was just standing there smashing the place up. I was 18 weeks pregnant at the
00:20:38time and that night I had to be taken into the hospital. I lost the baby the
00:20:45next day. Thank You mrs. Gibbs.
00:20:52I'm sure there can be no one in this court mrs. Gibbs who does not sympathize
00:20:56deeply with you over what you've just described. Thank you. If I appear to
00:21:02question some of the things you've just been saying please understand it is out
00:21:05of my duty to do so not out of any wish to make you suffer further. Now was that
00:21:14the first miscarriage you've ever suffered? Your honor what on earth has
00:21:17this to do with the case? I hope you have a good reason indeed for asking that
00:21:21question mr. Parsons. I have your honor. Then I think we should allow this to go
00:21:25a little further. I'm obliged your honor. Mrs. Gibbs do you have children? No. Is it
00:21:32true that you suffer from anemia? Yes. And has this not been the cause of you
00:21:37suffering a number of miscarriages over the ten years of your marriage? Did you
00:21:42not ask advice about this once from the defendant's wife? That was in confidence.
00:21:46That was confidential. We was friends in those days. Well I'm afraid we have to
00:21:50know these things mrs. Gibbs confidential or not. It is a fact isn't it that not
00:21:55all of these miscarriages were brought about by shocking experiences such as
00:21:59the one you've just described. Do we have to go into all this? I'm sorry mrs. Gibbs
00:22:05we have to get these things in perspective. You have suffered in this
00:22:09way before apparently for no reason at all. So the fact that you suffered a
00:22:16miscarriage on the 18th of June does not indicate that anything untoward had
00:22:20happened beforehand. Now mrs. Gibbs I'm sure you love your husband dearly and
00:22:26you very much want to give him children but in the meantime you help him as much
00:22:29as you can with his union work don't you? Yes. Yes do you share his desire to
00:22:36abolish the tied cottage system altogether? Not to the point of lying in
00:22:40court. You would never lie or know through your husband in court even to
00:22:44help him. Why be a fool to? No I wouldn't. Mrs. Gibbs did your husband appear in
00:22:50this very court in May 1971? Your honor I utterly failed to see that the previous
00:22:55convictions of this lady's husband if there were any have anything whatever to
00:22:59do with her evidence. If my learned friend will be patient for one moment he
00:23:03will see the connection. It was he charged with common assault during a
00:23:08picket line dispute? That's got nothing to do with this case. Did he conduct his
00:23:12own defense? He didn't trust lawyers. Was his evidence essentially an alibi that he
00:23:17was with you at home at the time in question? Yes he was with me. You were his
00:23:23only witness and you did indeed swear on earth that he was with you but the
00:23:27prosecution proved beyond all doubt that you were both lying and your husband was
00:23:32convicted and fined. Isn't that so? So you were fully prepared to lie on earth
00:23:38in order to help him.
00:24:02The cases in Fulchester are fictitious. You can join us again tomorrow when the
00:24:07Queen against Aldrich will be resumed in the Crown Court.
00:24:33Ralph Gibbs was senior stockman on St. Mary's Stoken farm near Fulchester. A
00:24:48year ago he was sacked by the farm manager but he refused to leave his
00:24:52tied cottage. He claims that he was victimized and that Mr. Aldrich
00:24:55illegally harassed him to get him to move. His wife supports this story. The
00:25:00Defence Council has alleged that in 1971 Mrs. Gibbs lied on oath in court in
00:25:06support of her husband. I know the court found my husband guilty and that meant
00:25:11they didn't believe my story but I swear to God they were wrong and I didn't lie
00:25:16on oath then any more than I am doing now. You're quite certain about that?
00:25:19Absolutely certain. Well we shall see. Now would you look at this please? Could you
00:25:27pass this to the witness? Members of the jury you'll be getting copies of all
00:25:31these documents before you retire. Now that is a Minister of Agriculture
00:25:38veterinary certificate giving the cause of death of the Fijian cow you called
00:25:42127. Yes. What cause does it give? Says transit tetany what we call transit
00:25:49staggers. Do you accept that is correct? Yes. Would that cause the beast undue
00:25:55suffering before it died? We might do. Suffering that might have been averted
00:25:59if a stockman had been on site. He couldn't treat it. Maybe he could have called the vet.
00:26:03You'd have realized at an earlier stage what was happening and called for
00:26:07assistance. I suppose so. See Mrs. Gibbs I put it to you the whole object of your
00:26:12tied cottage being where it is right next to the dairy complex is precisely
00:26:17said that the stockman can do his job properly day and night and in emergencies.
00:26:21Now where was your husband's successor living at this time? You see what that's
00:26:25got to... Answer the question please. Park cottage. How far away is that? About two
00:26:32miles. So it's hardly surprising that the farm manager would lose his temper over
00:26:37the loss of this animal in such circumstances. Yes but he shouldn't
00:26:40harass us. I'm talking about loss of temper. He's got a duty to houses he
00:26:46can't just turn us out. Didn't he offer you alternative accommodation? What?
00:26:51After the court order did not Mr. Aldridge offer you park cottage for your
00:26:56own use. But that's a filthy hovel. I mean it's not fit for pigs and it's stuck
00:27:01right up in the hills. Well Mr. Clayton's living there now. He must have done it
00:27:06up then after he showed it to us. Oh really Mrs. Gibbs. What a very
00:27:10interesting theory. Now tell me how is the sewage disposed of in your present
00:27:18house? Through the drains. Is there a main drainage? No it's a cesspit. Yes with an
00:27:24electric pump? I suppose so. So any breakdown in the electrical supply would
00:27:29automatically mean that the sewage pump would temporarily cease to function.
00:27:33Perhaps. Would it or wouldn't it? I suppose it might. I mean I can't say any
00:27:38more than that can I? I'm not an electrician. You see Mr. Aldridge will not
00:27:42deny that he cut off the electricity to the entire dairy complex at about 3 p.m.
00:27:46on June the 1st when he was showing the new owner of the estate round the buildings. Yes Mr. Buttonley I saw him.
00:27:51But he turned it on again at 3.30. No. Or between 3.30 and 3.45. No he didn't turn it on
00:27:59again. I mean we were without it for two days and the sewage came up into the
00:28:03garden. And what about the water? He turned the water off too. Yes and you say
00:28:08that you went to Mr. Aldridge in the farmyard to complain about it. Yes I did
00:28:11and he didn't do anything about it. It's because you didn't say what it was you
00:28:15were complaining about. What? Mr. Aldridge will tell us how you came up to him in
00:28:20the yard in front of Mr. Buttonley and started shouting and swearing at him and
00:28:25threatening him with a court action but not once did you say what it was you
00:28:29wanted done. But he knew that. Not surprisingly he ordered you off the place in some heat
00:28:34and the first thing he knew what it was you've been shouting about was when he
00:28:38read about it in the newspaper some two days later. What? When he took immediate
00:28:42steps to make sure that all the services to your house were working properly.
00:28:46That's absolute nonsense. He found that the electricity and the sewage were working
00:28:49normally. But what about the water? An airlock. One quick thump and it was
00:28:55working perfectly. Is that what he told you? Well he will swear to it in that box
00:29:01and be cross-examined on it and his word on oath has not been found wanting. Look
00:29:07do you think that my husband would be such a fool as to bring a case of
00:29:11harassment against him with all his union watching if it could be dismissed
00:29:14as easily as that? Well that is my case Mrs. Gibbs but um we shall have to see
00:29:23shan't we? Lloyd. No further questions your honour. You may leave the witness box
00:29:31Mrs. Gibbs. I call Spike Fox. You're a Spike Fox of 23 Mabledon Avenue
00:29:46Fulchester and you are a freelance newspaper reporter. That's right. May he
00:29:50be shown exhibit two please. Thank you. Did you write that article in the
00:29:58Fulchester Gazette? Yes I did. Did you write it as a result of an interview
00:30:01with Mrs. Gibbs? Yes. Did you actually visit the Gibbs's house? Yes. When was
00:30:05this? That would be the Monday before this appeared. That would be June the
00:30:091st 1976. What happened when you got there? I saw that the water and
00:30:13electricity weren't working and the vegetable garden was a pond of sewage.
00:30:17Disgusting. A terrible health hazard. Did you try to find out why these services
00:30:22were not working? Yes I went right round the place and testing all the switches
00:30:25and taps, stopcocks and main fuses. They were all quite definitely in order right
00:30:29up to the boundary of the garden by the dairy complex. Did you draw any
00:30:32conclusions from this? That the services must have been cut off from another set
00:30:36of mains and stopcocks inside the dairy buildings. There was no other way it
00:30:39could have happened. Now did you subsequently pay another visit to the
00:30:43Gibbs's house? Yes I went out to the house again on June the 17th after Ralph
00:30:47Gibbs had phoned me. I found both the Gibbs in a terrible state they described
00:30:51how... I'm sorry Mr. Fox I'm sorry you can't tell us that but did you see for
00:30:55yourself any evidence to support what they told you had happened? Yes the way
00:31:00the lounge had been wrecked. Furniture knocked over, glass broken and so on and
00:31:04the state Mrs. Gibbs was in. She was terribly shocked, cold and shivering and
00:31:10she was sick while I was there. Thank you Mr. Fox. Would you stay there for a
00:31:15moment please? How much are you being paid for this Mr. Fox? What? You're a freelance
00:31:23reporter are you not? You're paid by the article? Yes. Now you've sold this to the
00:31:27local paper and three national papers. Did any other papers buy it? Some others
00:31:31took it up. So how much have you made on the article altogether? I can't remember.
00:31:36Several hundred pounds? It might have been. Is it true to say that the juicier the
00:31:41story the better it will sell? If you mean that I've... No I mean what I'm
00:31:46asking is it true to say the juicier the story the more you get for it? Not to the
00:31:52quality press. Come now you're not trying to tell me that the four papers you've
00:31:56sold it to represent the quality press. I report what is factually correct. The
00:32:00payment I receive does not influence what I write. You're a writer of
00:32:04integrity you say? I try to be. These articles were fair and objective and...
00:32:10Look they report what happened. Very well Mr. Fox. It was a Spike Fox is it?
00:32:19That's right. It's an unusual name. Were you christened Spike? No. What were you
00:32:27christened? Oswald. Ah. Does have quite the same campaigning ring about it does it?
00:32:36Tell me how many articles have you written about the evictions from tied
00:32:40cottages? I've never counted. Ah well I have Mr. Fox. Is this list of 18 articles
00:32:47written by you in various journals over the past three years all in this topic
00:32:50correct?
00:32:56Would it be true to say that you have strong feelings about these evictions? If
00:33:00you've ever seen a family including young children forcibly thrown out onto
00:33:04the street. Let me finish. Thrown out by professional strongmen and all their
00:33:09furniture and possessions dumped on the pavement next to them and everyone
00:33:12screaming and crying and the husband's having to be forcibly restrained by the
00:33:15police and this now? 1977? Then you would have strong feelings about it too. Well
00:33:24no one's doubting your good-heartedness Mr. Fox. What I am questioning is your
00:33:28objectivity. Where did your information for those 18 articles come from? Every
00:33:35reporter has his sources. Yes. Is it true that the Farm Workers Union of Great
00:33:39Britain are actively campaigning to abolish the tied cottage system
00:33:42altogether? That's common knowledge. Yes. And have they appointed a subcommittee
00:33:47to seek publicity on this issue? I don't see what that's got to do. Answer the
00:33:50question please. Yes. And who's its chairman? That's got nothing to do. Who's
00:33:55its chairman Mr. Fox? Ralph Gibbs. Yes. And has he supplied you with a great deal
00:34:02of material on this subject over the past three years? The basis in fact for
00:34:06most of those articles and case histories. Why shouldn't he? Well no
00:34:10reason Mr. Fox. So long as the articles you then write are fair and
00:34:14unbiased. Of course they are. Yes. Now why in the case of Gibbs didn't you
00:34:21interview the farm manager, the defendant to get his side of the story
00:34:25too? I couldn't find him. Couldn't find him? I was only there a few hours and his
00:34:31phone didn't answer when I rang him. Where from? What? I mean where did you
00:34:34telephone him from? Was it a public call box on the estate? The Gibbs let me use
00:34:40their telephone. I see. It wasn't that you weren't interested in his side of the
00:34:44story. No. No. Just two other things. On your first visit did you yourself see
00:34:54the electricity and sewage being cut off? No but I... So all you know about why they
00:34:59were cut off is from what the Gibbs told you. I suppose so. Yes. On your second
00:35:06visit did you see who wrecked the Gibbs Lounge and what caused Mrs. Gibbs
00:35:11distress? But it was obvious. They told you? Yes. Yes. Thank you Mr. Fox.
00:35:26That is the case for the prosecution your honor. Thank you. Yes Mr. Parsons. I
00:35:32call the defendant Robert Aldridge.
00:35:45Take the book in your right hand and read aloud what's on it. I swear by
00:35:50Almighty God that the evidence I shall give shall be the truth, the whole truth
00:35:53and nothing but the truth. You are Robert Aldridge? Yes. And you're the farm manager
00:35:59for St. Mary's Stoken Estates Limited and you live in the manager's house on
00:36:03the estate? Yes. Is that a tight cottage? Yes. How big is the farm Mr. Aldridge?
00:36:08Just over 2,000 acres. Yes and who owns it? Last spring it was bought by a
00:36:13company called Emura Limited owned by Mr. G.W. Bottomley. Before that the owners
00:36:17were Stoken Discretionary Trust. The main trustee was Lord Lovington in whose
00:36:21family it has been for 300 years or so. Yes. What sort of farm is it? It's mixed.
00:36:28We have a prize herd of Friesians, some pigs and sheep, we grow cereals and peas
00:36:34and we belong to a maize cooperative. Yes and now Mr. Aldridge would you tell the
00:36:39court just a little about yourself? I took a BSC in agriculture at Reading
00:36:45then ran my family farm for a while. Lord Lovington offered me the
00:36:50managership of the estate some 12 years ago and I took it. Yes. Are you on a
00:36:54monthly salary? That's right. Yes. Now Mr. Aldridge have you at any time attempted to
00:36:59harass Mr. and Mrs. Gibbs, interfered with their peace and comfort or cut off
00:37:04their supplies and services to their house in an attempt to make them leave
00:37:07it? No definitely not. Thank you. Now the whole issue of tight cottages is an
00:37:14extremely thorny one isn't it? I've never had any trouble over them except from
00:37:18Ralph Gibbs. But you would agree that it causes a great many problems. Problems
00:37:24are caused by it. Far more would be caused without it. Could you explain that?
00:37:29Well take our herd for example. Those beasts represent a capital investment of
00:37:3680,000 pounds. The stockman must live by them or he can't look after them. That
00:37:43means a service house, one built by the farm on the site for that purpose. I mean
00:37:50he doesn't have to take the job but if he does it's part of the conditions he
00:37:55accepts that he lives over the shop. The only house from which it's possible to
00:37:59do the job properly. Yes now we've heard that you're a senior stockman for several
00:38:03years up until September 1975 with Ralph Gibbs. That's right. Now how did he lose
00:38:09that position? I sacked him. Why? He became irresponsible. He started taking more and
00:38:17more time off without telling me to do his union work and neglecting his farm
00:38:20duties. I found he was skipping milking more times than I could remember and he
00:38:26wasn't to be found at all during the last two AI visits. AI? Artificial
00:38:31insemination your honor. I warned him several times but finally I had to sack
00:38:37him. Yes was it a verbal dismissal? Yes but I followed it up with a letter. Now
00:38:43in that letter did you make any reference to his service occupancy? Yes I
00:38:47said that we would endeavor to cope without the use of his house until he
00:38:51found himself a new job but I warned him that we might have to ask for the house
00:38:55depending on how his successor was placed. Yes did he reply to that? No. Did
00:39:01he at any time argue that he had a legal right to stay put? No he hadn't had he?
00:39:07Did you offer him alternative accommodation? Yes the estate offered in
00:39:11Park Cottage. That's a nice little cottage on the edge of a wood. Used to be
00:39:15a gamekeepers cottage. It's not modern and it is a bit quiet up there but
00:39:19there's nothing wrong with it. Yes rent and raise free? We asked a nominal rent
00:39:23of 50p a week and the rates would have been paid by the estate. Yes a very
00:39:28generous gesture and did Gibbs accept this cottage? No. So what happened then?
00:39:36Well after a while it became clear that the Beast's welfare was starting to
00:39:41suffer because of an absentee chief stockman and it was costing the estate
00:39:45money. Ralph didn't seem to be making any effort to find himself a new job so
00:39:50very reluctantly I applied for a court order for the house giving him six
00:39:56months to move out. Yes and what effect did this have? None so far as I could see.
00:40:01The Gibbs stayed put? That's right. Yes now I want to ask you about the first
00:40:07alleged harassment on June 1st. Yes. What were you doing at 3 p.m. that day? I was
00:40:13showing the new owner of the estate Mr. Bottomley around the dairy complex. Some
00:40:18of it badly needed rewiring so I switched off the mains at about 3 o'clock
00:40:22in order to actually handle the cables myself and show him what a poor state
00:40:26they were in. Yes did you realize that this would cut off the power to the Gibbs
00:40:29house as well? Quite frankly I forgot. Anyway it was all switched on again by
00:40:34half past three. And then what happened? After about five minutes Meg Gibbs came
00:40:40screaming into the yard screeching at Mr. Bottomley and me at the top of her
00:40:44voice saying I was persecuting them hounding them and so on. I thought she
00:40:50was talking about having only a month to go before the court
00:40:53order expired. Never occurred to me that she was talking about the electricity. So
00:40:57she didn't mention electricity or sewage or water? No. Yes. So what did you
00:41:03do? I told her to get out and fast. And it was a couple of days later that I was
00:41:12reading my local paper and I read about the terrible victimization at St. Mary's
00:41:16Stoke and Farm. I immediately went down there. I found there was nothing wrong
00:41:21with the electricity but there was an airlock in the water system to the house.
00:41:25Yes and how did you deal with that? I thumped it with a milk churn. And that
00:41:30cured it? Within seconds. How do you know? I saw the Gibbs garden tap suddenly gush.
00:41:38They must have left it on while they were wondering what was the matter. I
00:41:41see. So what was the next contact you had with Mr. or Mrs. Gibbs? That would be
00:41:48about fortnight later on June the 17th. Yes and what happened then? Well my new
00:41:54senior stockman Ken Clayton woke me at about 5.30 in the morning to go and see
00:41:59127 whom he'd found dying. We worked on her for hours and called the vet. But he'd
00:42:06gone too far and he had to put her down. Yes. Did the vet diagnose the cause of
00:42:11death there and then? Yes he did. And he'd never have reached that stage if there'd
00:42:15been a stockman on the site. Yes and what did you do? I went straight across to the
00:42:20Gibbs's house. The front door was open. I went straight into the lounge and found
00:42:26Ralph Gibbs. I told him what had happened and why. And I asked him when he was
00:42:31going to comply with the court order to move out so that his successor could do
00:42:34the job properly. Did you kick the furniture? No of course not. Did you threaten Mr. or
00:42:41Mrs. Gibbs in any way? Absolute nonsense. No mention of putting the dog on to them
00:42:47or kicking the front door down. I was angry I'll admit but I did nothing to
00:42:54harass them in any way. Yes how is it that the court order was never enforced?
00:42:59Well I never intended to chuck them out and in view of what happened to Mrs.
00:43:05Gibbs's baby. Yes and the importance of that house to the proper running and
00:43:09care of the herd. We manage it somehow but only just. Yes thank you Mr. Aldrich.
00:43:25That's a very moving story Mr. Aldrich. It's what happened. The kind-hearted
00:43:31employer bends over backwards to do all that he can for the wicked and ungrateful
00:43:35servant who is now kicking him in the teeth etc etc. It wasn't like that at all
00:43:43was it? It was as exactly as I've told the court. Yes but there's so much that
00:43:47you haven't told the court isn't there Mr. Aldrich? How are you paid for instance?
00:43:53I'm paid? Yes you said by monthly salary. That's right. Only monthly salary? Well I
00:43:58have a small share of the net profits. Ah you didn't mention that so you have a
00:44:02financial interest in the efficient running of the farm. Well of course but
00:44:06then all farm managers... You said how much it was costing the estate to keep the Gibbs in
00:44:10their house. You omitted to say how much it was affecting your own pocket. It
00:44:15never crossed my mind. It never crossed your mind. Now do you agree that as a
00:44:22farm manager you are habitually arrogant and inconsiderate towards your men?
00:44:27You've got some strange notions. Well it is a fact is it not that you have sacked
00:44:32a large number of men over the years? I've sacked men yes. How many? What do you
00:44:40think the Fulchester office of the Department of Health and Social Security
00:44:43would have a reliable figure? I should think so yes. Will you look at exhibit
00:44:48three please? That is a letter from the Fulchester office of the Department of
00:44:53Health and Social Security and it lists the men by name whom you sacked in the
00:44:57three years up to January of 1976. It looks like it yes. Yes the total is at
00:45:03the bottom. Would you read it out? 31. How many men do you employ at any one time?
00:45:10About 30. That's a quite extraordinary turnover isn't it? In fact according to
00:45:17statistics prepared by the Ministry of Agriculture that rate of dismissal is
00:45:21very nearly three times the national average. I can't afford to be
00:45:26sentimental about duds. Duds Mr. Aldridge? Particularly when farming is struggling
00:45:31to survive. Duds? Who chose them? Me I suppose. Now tell me why did you obtain
00:45:40an eviction order from the court? Excuse me. If you had no intention whatever of
00:45:47having it carried out. I wanted the Gibbs to know I meant business. Well that also
00:45:51seems most extraordinary. Not to mention a frightful waste of time for a heavily
00:45:56overworked court. Tell me Mr. Aldridge have you had any dealings with the
00:46:02courts before on this matter of eviction? What? It's a perfectly simple question. In
00:46:091961 were you not convicted? Your Honour is a crime going to ride roughshod over all
00:46:15the rules of evidence. How can you justify it Mr. Lloyd? Your Honour the accused
00:46:19claimed that he had an untarnished record in this field and it follows
00:46:24therefore that I have a right to refute that. I have no recollection of the
00:46:28defendant making any such claim. Well Your Honour I have a note that he was
00:46:32asked by my learned friend. The whole issue of tied cottages is an extremely
00:46:37thorny one isn't it? To which he replied well I've never had any trouble over
00:46:42them except from Ralph Gibbs. Now I submit that this was a deliberate lie
00:46:46and I wish to reduce evidence to show that. But Your Honour the law relating to
00:46:51eviction before the rent act... Your Honour this is not a matter of substantive law.
00:46:55The accused claimed that he'd never had any trouble before with tied cottages
00:46:59therefore... Look I was 22 at the time and very inexperienced. Another intolerable
00:47:04provocation. Yes Mr. Aldridge nevertheless you were convicted. Your
00:47:07Honour there is no resemblance whatsoever. Mr. Aldridge I order you not to interrupt.
00:47:13Yes Mr. Lloyd you may continue. Were you convicted at Montgomery Assizes in May
00:47:23of 1961 of actually throwing someone out of their tied cottage yourself and with
00:47:30considerable violence?
00:47:35Well? Yes.
00:48:00The cases in Fulchester are fictitious. You can join us again tomorrow when the
00:48:08Queen against Aldridge will be concluded in the Crown Court.
00:48:30Ralph Gibbs was formerly senior stockman on St. Mary Stoken farm near
00:48:49Fulchester. A year ago he was sacked by the farm manager Mr. Aldridge but he
00:48:53refused to leave his tied cottage. He claims that he was victimized and that
00:48:57Mr. Aldridge illegally harassed him and his wife to force them to move. Counsel
00:49:03for the prosecution has just revealed that in 1961 Mr. Aldridge was convicted
00:49:07of the illegal eviction of the tenant of another tied cottage. There is no
00:49:13resemblance whatsoever between the two cases. Nevertheless you did evict
00:49:17someone yourself from a tied cottage and you used unlawful force to do so. Your
00:49:22Honour I would like the chance to explain the... Your Honour I don't see how the
00:49:25details of the case can amount to any more than an attempt to blur the issue
00:49:29which is that the accused has not hesitated to use violent and unlawful
00:49:34tactics towards the occupiers of tied cottages in the past. Oh I think that's a
00:49:38bit hard Mr. Lloyd. The defendant mustn't leave the jury with a distorted
00:49:42picture. As your Honour pleases. Mr. Aldridge? This happened on my father's
00:49:50farm. A family farm of 150 acres in North Wales. Four of us ran it. My father and me
00:49:58a man called Willie Thomas and a fourth man. The time came when we had to sack
00:50:04Willie because he just stopped working. He took to lying in bed all day drinking
00:50:11himself silly. Absolutely useless. That meant that the remaining three of us had
00:50:17to share his work. A hundred hours a week. A killing pace on a farm that was
00:50:26up to its ears in debt anyway. We couldn't get a replacement for Willie
00:50:31because we couldn't get his cottage back. He just stayed put no matter what we did
00:50:37and we tried everything. In one day my father had a heart attack. Due directly
00:50:49to the gross overwork of having to do Willie's work too. Three days later he
00:50:57died. On the afternoon of the funeral I went up to Willie's cottage and I threw
00:51:06him out into the mud and all his possessions too. He was drunk and he
00:51:13stank. That's what I was convicted for. Anyone would have done the same. No Mr.
00:51:22Aldridge they would not. Some would have observed the law. You were convicted of
00:51:29assault in connection with an unlawful eviction. Yes. Well you fined 100 pounds
00:51:36and bound over to keep the peace. Yes. So you lost your temper and you used
00:51:41violence to throw a man out of his lawful dwelling. Now whatever the
00:51:46provocation no civilized society can tolerate that. What happened to the
00:51:53family farm? We sold up. Sold up? Mr. Aldridge you went bankrupt didn't you?
00:51:58Yes. Yes and did not the official receivers report say into Arlia one
00:52:03factor which contributed to the insolvency was the inability of Mr.
00:52:07Robert Aldridge to retain his staff which appears to have been due to his
00:52:11somewhat cavalier attitude towards their welfare. That old fool never did an
00:52:16honest day's work on a real farm in his life. Insecurity of employment seems to
00:52:22have dogged you throughout your career does it not? I don't know what you're
00:52:25talking about. Well with St. Mary's Stoken Farm changing hands was not your job as
00:52:29farm manager and not somewhat in jeopardy? Of course not. But a change of
00:52:33ownership of a farm often brings with it a change of farm manager does it not?
00:52:37Sometimes yes. Yes and you've told the court how much the continuing situation
00:52:41with the Gibbs was costing the estate and that was a situation that you would
00:52:43allow to come about. Well I couldn't help that could I? No but it had happened
00:52:47during your farm manager. Yes but it was nothing directly to do with... But it can hardly
00:52:51have been expected then to impress your new employer. So surely it would have been
00:52:55very much in your interest to get rid of the Gibbs as fast as possible. On the
00:53:00contrary it would have created even more stink in the press. Gibbs had been a
00:53:06thorn in your side for years hadn't he? Yes. You've called him unreliable and a
00:53:11troublemaker. That's right. In what way was he a troublemaker? He became
00:53:16belligerent about all sorts of issues. Tied cottages was only one of them. He
00:53:20became like an obsessive shop steward holding lunchtime meetings of the farm
00:53:24staff lecturing them on their rights. Trying to organize a strike against
00:53:29August Bank holiday working. That kind of thing. Yes these meetings they were in
00:53:33the men's own time. Well of course they were. To inform them of their rights
00:53:37under the law. Troublemaking. Bolshiness. It was you who was being unreasonable.
00:53:42Most people do stop work on August Bank holiday after all. Most businesses can
00:53:47just stop the machines but you can't stop animals needing to be fed. Herds
00:53:52needing to be milked. The distribution of food to pigs. So you quarreled with him
00:53:56over these issues? Yes. You grew to dislike him? He drove me wild. He drove
00:54:01you wild? That's very interesting. Are you a man with a hasty temper? I don't
00:54:06think so. I think I'm a pretty tolerant one. Oh really? May be shown exhibits two
00:54:12and four please. Thank you. Do you recognize those newspaper articles by
00:54:19Mr. Spike Fox? Yes. What do you think of them? Trash and lies. The picture they
00:54:27give then is a false one. A load of rubbish. Did you see the articles when
00:54:30they first appeared? Yes. What did you do about them? What the hell could I do
00:54:35about them? Well you astonish me. Several extremely damaging articles appear in
00:54:40the press giving details of your actions against the Gibbs. They don't mention me
00:54:44by name. Not by name no but they do mention St. Mary Stoke and Farms. They
00:54:48mention Mr. and Mrs. Gibbs in their house, the dairy complex and they
00:54:52describe what happened to the Gibbs very fully. Now even a child could infer that
00:54:55you were responsible. Yet you say you did nothing. Not even write a letter to the
00:55:00editor. Good God. I've got better things to do with my time and what notice would
00:55:06editors take of a letter from me? Well I should say a great deal. The press
00:55:10council are very hot on irresponsible editors. But presumably you did take
00:55:14legal advice about these articles. I didn't have the time. Of course you
00:55:19didn't take advice and the reason is clear to everyone in the court. It wasn't
00:55:23because you didn't have the time but because the articles were true. Nonsense.
00:55:27And you knew that you hadn't the faintest hope of refuting them. In the
00:55:31incidents of June the 1st for instance are you seriously asking the court to
00:55:35believe that you forgot that cutting off the electricity supply to the dairy also
00:55:40cut it off to the Gibbs's home? Yes. Well when did you realize what had happened?
00:55:44A couple of days later when I read it in the papers. Yes whereupon you
00:55:47immediately rushed down to the Gibbs's house to make sure that they weren't
00:55:50being inconvenienced in any way? I wouldn't put it like that. No I'm sure you
00:55:55wouldn't. Would you agree that the implication that you had cut off the
00:55:59electricity was extremely damaging to you? It could be yes. Yes then why on
00:56:03earth didn't you take a witness with you when you went down to their house? A
00:56:06witness who could have confirmed that the supply was still connected. It never
00:56:11crossed my mind. It never crossed your mind. It's an awful lot that didn't cross
00:56:16your mind Mr. Aldrich. The inevitable consequences of your using threats and
00:56:21violence when you visited the Gibbs's home on June the 17th for instance. I did
00:56:26not use violence. They both said you did. Well they're lying. You're not a violent
00:56:31man? I'm a pretty tolerant one. Who does not use violence? No. Anyway I'd be a fool
00:56:38under these circumstances. Just one last thing. Is your wife in court?
00:56:46What's my wife got to do with this? Just answer the question. Is your wife in
00:56:52court? No. Are you still married Mr. Aldrich? Your honour what possible relevance can
00:56:59the defendant's marriage have in a case of harassment? Yes I must admit the
00:57:03connection alludes me too. Your honour the grounds for the defendant's divorce
00:57:07are extremely relevant to this charge. I should be obliged if your honour will
00:57:12allow me to continue this a little longer. I suppose we'd better. No Mr.
00:57:17Parsons I think we should hear this if it's relevant. I'm obliged. Well Mr.
00:57:23Aldrich who divorced whom? My wife divorced me. On what grounds? Irretrievable
00:57:31breakdown of marriage. Yes of course but due to what? Well did you contest the
00:57:37action? Of course I did. And was not Mrs. Gibbs the chief witness for your wife's
00:57:42action and did she not give evidence of your persistent and unreasonable
00:57:47violence whenever you lost your temper? No connection with this case whatsoever.
00:57:52Blows Mr. Aldrich. Shouting and threats and kicking the furniture. Did she not
00:58:00assert in evidence that whenever you lost your temper you used violence? Just
00:58:05as you did when you threw Willie Thomas out of his cottage into the mud against
00:58:10the law. Behaviour that no civilized society could tolerate and for which you
00:58:14were rightly and properly convicted. And you asked the court to believe that you
00:58:19would hesitate to harass the Gibbs in order to get rid of them whenever and
00:58:24however that opportunity arose. Everything you say is completely untrue.
00:58:33I'm sure the jury will have their own ideas about that. Does your honor have
00:58:40any questions? No. You may return to the dock Mr. Aldrich.
00:58:49I call Kenneth Clayton. You are Kenneth Clayton? Yes sir. And you live at Park
00:59:06Cottage and Mary Stokin Farms, Stokin near Fortister? That's right sir. What is
00:59:10your occupation Mr. Clayton? I'm a senior stockman at some Mary Stokin Farms. Yes.
00:59:14You are Ralph Gibbs' successor? Yeah that's right sir. Yes. Where is Park Cottage in
00:59:19relation to the dairy complex? It's about two and a half miles off. Yes. Why don't you
00:59:24live closer? Ah well when the Gibbs move out of their house you see I shall move
00:59:28into that. That's a stockman's house see that's what it should be. Yes. Is it
00:59:31convenient living so far away from the dairy complex? Yeah it's alright yeah. Yes
00:59:39but should not the stockman live as close to the animals as possible to do
00:59:43this job properly? Well yeah but ain't anything in the world if you don't is it?
00:59:52Have you ever been inside the Gibbs house which you eventually are going to
00:59:58occupy? Yeah once yeah. When was that? That was a day 127 died. Yes. I found her
01:00:06dying see right sent from Mr. Aldrich and then he sent for the vet. I told her
01:00:11to put down and then Mr. Aldrich says right he says I'm gonna see Ralph Gibbs
01:00:15about this he says and you coming on. So you went with him when he entered the
01:00:19house? Yeah. And what happened? Well I can't remember. No I mean when Mr.
01:00:30Aldrich confronted Mr. Gibbs in his house. Yeah. What happened? Well there was an
01:00:40argument. Yes. Well a long time ago now I can't remember much that there was an
01:00:45argument.
01:00:52Mr. Clayton do you understand the question? Yeah yeah. The accused entered
01:00:59Mr. Gibbs lounge and saw Mr. Gibbs do you remember that? Yeah. You saw that? Oh yeah.
01:01:07And then what passed between them? Well I don't remember much except well Mr.
01:01:13Aldrich was very abusive. Well I'm sorry your honor.
01:01:23Now Mr. Clayton there was a time when you claimed to have remembered wasn't
01:01:26there? Oh you mean when I went to see Mr. Aldrich's solicitors? Yes. Yeah but I can't
01:01:31remember now though. Your honor I ask leave to treat this witness as hostile.
01:01:40Mr. Lloyd. Under the circumstances your honor. I shall not object. Mr. Clayton Mr.
01:01:47Parsons who called you to give evidence for the accused now has my leave to
01:01:51treat you as a hostile witness. What's that mean? It means that Mr. Parsons may
01:01:57cross-examine you to try to ascertain why you appear to have changed sides.
01:02:15Did you in August the 3rd 1976 go to the offices of Derringen King, solicitors to
01:02:20the defendant and make a statement? Yeah. Did you sign a typed copy of that
01:02:24statement is true and correct? Yeah I signed it yeah. It's true and correct?
01:02:28Well I suppose so yeah. Is this it? You pass that to the witness please. Is this
01:02:34the original statement? Yeah. With your signature at the bottom? Yeah that's
01:02:44right yeah. Dated and signed August the 3rd does it consist of your account of
01:02:48what happened when Mr. Aldrich met Mr. Gibbs in the lounge of Mr. Gibbs house
01:02:52on June 17th when you were present? Yeah. Then how is it you were able to make
01:02:58such a clear statement then if you're totally unable to remember what happened
01:03:02at that meeting now except to say that Mr. Aldrich was abusive? Well I've been
01:03:07thinking about it I'm not nearly so sure now that's all. You've been thinking about it?
01:03:10Yeah. Have you discussed this matter with anyone? What you mean discuss what
01:03:13happened? No discuss what you're prepared to remember of what happened. Well I
01:03:16might have done you know friends and that yeah. Yes is Ralph Gibbs a friend of
01:03:20yours? Yeah I met him yeah. In his home? Yeah. And on the farm? Yeah when he handed
01:03:26over to me yeah. Is he a friend? Well not a particular one no. Has he ever
01:03:31discussed this matter with you? Well I think he might have mentioned it yeah.
01:03:35You think he might have mentioned it but you can't recall for certain? No not
01:03:38really. Yeah what about union meetings? Eh? Did you attend your local union
01:03:43meetings and meet him there too? Yeah yeah I think so yeah. Yes how active a
01:03:47member are you of the Farm Workers Union? Well I'm a member. Yeah but how active?
01:03:51Are you a committee member? Well I do what I can you know. Are you on the regional
01:03:55executive committee? Yeah. Now what part have you taken in the campaign to abolish
01:04:01the tied cottage system? Well we all want that don't we? Answer the question.
01:04:07Well I took part in a lot of the MPs but I mean I'm not on a tied cottage sub
01:04:12committee or anything like that. Mr. Clayton will you now please read the
01:04:19statement that you made to the defendant's solicitors? Your honour I must
01:04:22object to this. It is a cardinal tenet of our whole judicial system that witnesses
01:04:27are available for examination and cross-examination where there is a
01:04:31conflict of evidence. If the witness simply cannot remember then that rule
01:04:35simply cannot be operated and heaven knows it's by no means unusual for a
01:04:39case to take many months to come before the courts nowadays. This witness's loss
01:04:43of memory is rather bizarre Mr. Lloyd. I think Mr. Parsons entitled to put his
01:04:47original statement to him. It may serve to jog his memory. Your honour it
01:04:53would be quite novel for such a statement to be admitted. It would then
01:04:56follow that if any witness's memory was at fault his counsel could apply to have
01:05:00his original statement to the solicitor read out instead. A statement on which he
01:05:04could not be cross-examined if he still couldn't remember any more clearly as a
01:05:07result. Oh I don't think that follows at all Mr. Lloyd. I think we should hear the
01:05:11statement. His evidence may be due to a little more than mere loss of memory.
01:05:18Will your honour make a note of my objection? Oh I will certainly if you
01:05:23will. Mr. Parsons. Your honour now Mr. Clayton will you please read the statement?
01:05:38At 3 p.m. on Tuesday June the 17th Mr. Robert Ulrich asked me to accompany him
01:05:44to Mr. Gibbs's house. This was about 10.30 a.m. The front door was open so we
01:05:49walked into the lounge where Mr. Gibbs was sitting watching the television. Mr.
01:05:52Gibbs and Mr. Ulrich then began to argue about when Mr. Gibbs was going to leave
01:05:57the house. Mr. Gibbs almost immediately lost his temper and began to shout and
01:06:01cuss Mr. Mr. Clayton. The jury would like to hear this. If we could just go back a
01:06:06little, a little louder please. Mr. Gibbs almost immediately lost his temper and
01:06:13began to shout and push Mr. Ulrich in the chest with his right hand. Mrs. Gibbs
01:06:18entered at this point and began to scream. Mr. Ulrich was angry but tried to
01:06:22make Mr. Gibbs listen to what he was trying to say to him. I was standing by
01:06:27the window at this time. At no point did Mr. Ulrich strike or kick any
01:06:31person or object and at no stage did he say anything of a threatening or abusive
01:06:36nature. When it became clear that Mr. and Mrs. Gibbs were not going to listen
01:06:40Mr. Ulrich turned his back and walked out and I followed.
01:06:50Now you've read that out Mr. Clayton, do you remember the scene it describes?
01:06:56Well I can't honestly say I do, no. I've got a very bad memory for that sort of
01:07:00thing especially after what was thrown under the bridge. After what? Well I mean
01:07:05it was a long time ago now wasn't it? When you made that statement were you
01:07:10still seeking employment from Mr. Ulrich? No, no that's been fixed up. Were you
01:07:15seeking any favours of any sort from him? A larger cottage perhaps? A bigger wage?
01:07:24I can of course recall Mr. Ulrich on these points. No, no nothing like that
01:07:31Mr. Parsons? Your Honour, just four weeks ago Mr. Clayton, did you accept
01:07:39nomination as a candidate for the regional chairmanship of your union? Yeah
01:07:44but there's no connection. Well are you contesting the chairmanship? Yeah. Does
01:07:48your success depend on a popular vote by the ordinary membership? Yeah that's
01:07:52right. And is your union as a whole opposed to the tied cottage system? Yeah
01:07:56of course we are. So it would scarcely improve your chances of winning the
01:08:00election to be seen in support of a farmer on a tied cottage incident over a
01:08:03matter of harassment would it? Oh well that may be so but I'd be a bloody fool
01:08:06to stand here and say I could remember if I couldn't but I'd be perjury. You
01:08:12wouldn't want me to stand here and say that I can remember if I honestly can't
01:08:15would you? Would you my honour? No I would not. Any more questions Mr. Parsons? No
01:08:25Your Honour. Mr. Lloyd? No Your Honour. You may leave the witness box Mr. Clayton.
01:08:35That is the case for the defence Your Honour. Members of the jury, it is my
01:08:42duty to instruct you as to the law in this matter. That at any rate is
01:08:47straightforward. The defendant is accused of harassment under the Rent Act of 1965.
01:08:52That is to say he is accused of doing acts calculated to interfere with the
01:08:58peace or comfort of the residential occupier or his household or withdrawing
01:09:04services reasonably required for the occupation of the premises as a
01:09:07residence in an attempt to make the occupier leave. The Learning Council have
01:09:14rightly gone into the background of the dispute between the defendant and Mr.
01:09:18Gibbs in order to show that certain witnesses may have had ulterior motives
01:09:25for not telling you the whole truth. Now the prosecution alleged two instances of
01:09:33harassment. Now the first is the claim that the water, electricity and sewerage
01:09:41to the Gibbs's house were cut off deliberately by the defendant in order
01:09:47to harass them. Now here there is a straight conflict of evidence and you
01:09:51must decide which version is the true one. Now the second instance which took
01:09:57place on June the 17th was when the defendant entered the home of Mr. and
01:10:06Mrs. Gibbs and it is alleged threatened them in various ways. Here again there is
01:10:13a straight conflict of evidence. Now remember if the defendant simply lost
01:10:20his temper then that would be no crime but if he actually threatened them with
01:10:27unpleasant consequences if they did not leave then that would be. Now I must warn
01:10:34you that the merits or demerits of the tied cottage system should not concern
01:10:40you in arriving at your verdict. You should not exercise any sympathies you
01:10:46may feel on that topic one way or the other. Only evidence and on that alone you
01:10:53must arrive at your verdict. Now remember the prosecution must satisfy you so that
01:11:03you feel sure the offense has been committed before you can return a
01:11:08verdict of guilty. Any reasonable doubt resolves the case in favor of the
01:11:16defendant. Will you please now retire and consider your verdict.
01:11:28Will the foreman please stand. I'll just answer this question yes or no. Have you
01:11:35reached a verdict upon which you are all agreed? No. Have at least ten of you
01:11:44agreed upon your verdict? Yes. And what is your verdict please answer guilty or not
01:11:51guilty? Not guilty. Very well you may go.
01:12:35you
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