The Scarborough News

Thursday Flashback

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Although the moorland landscape near Cloughton is relatively the same today as it was when this picture was taken, the same can’t be said for the main A171 road to Whitby, which has undergone many improvemen­ts and realignmen­ts over the years. The caption on the as answering nearest Busby’s descriptio­n.

By Mr Royle: From first to last defendant had been quite open, had given all informatio­n asked for, and had said that he did not know they were military boots.

Defendant, in the box, said that he had suggested there should be a roll call of all the men so that the (defendant) could attend and pick out the man. Proceeding, witness said he had had 70 soldiers billeted with him for a time. He bought the boots from a sergeant, and he could assure the bench, especially holding the position he did, that he would not have bought the boots had he known they were military boots.

Owing to the scarcity of labour witness did his own cellar work, and he thought the boots would be just the thing when he had to swill the cellar out. The mark on the boots he certainly did not take to be a broad arrow, and he had no picture reads ‘The Moor Near Cloughton’. Photo reproduced courtesy of the Max Payne collection. Reprints can be ordered with proceeds going to local charities. Telephone 0330 1230203 and quote reference number YRN170724-084914050. idea that that mark on them indicated that they were government property.

By the Chief: Witness had had a fortnight to make enquiries about the man, but he had not found him. He had not yet used the boots for cellar work as he already had a pair.

By the Chairman: When soldiers were billeted with him many of the sergeants had private boots; some similar to the military ones.

Mr Royle, addressing the bench, said he admitted it was up to him to prove that Mr Busby bought the boots, as he thought, fairly and squarely. The fact that defendant bought them from a sergeant strengthen­ed defendant’s case, as if he had bought them from a private it might have been said that the soldier, with only a shilling a day, had nothing to spare for a boot fund.

A sergeant however, had better pay, and the fact that he was a sergeant showed that he had earned the stripes by merit and honesty. It was not an unreasonab­le thing for Busby to think that a sergeant might have boots of his own. He, Mr Royle submitted that Busby had exercised the reasonable care of a reasonable man. A man like Mr Busby would not be such an ass as to risk his reputation for ten shillings.

However, the magistrate­s imposed a fine of £2.

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