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steve fuller

Why would a soldiers mum be prosecuted by a solicitors

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steve fuller

Hi Pals

Have some working thoughts on this but am curious to know if anyone has come across this before.

An Essex based solicitors firm (Messrs Landon in Brentwood) were prosecuting the mother of a young man (his next of kin for the record) who attested into the Essex Terriers in 1916. Given that they requested a copy of his attestation form, I am presuming it relates to his service / attestation.

Was that particular solicitor the rep's for the Essex Terriers per chance?

I wondered if this was one of those 'youre too young and now we know' cases, but his attestation records that he was given a notice from the recruiting office to attend.

Any thoughts? :)

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Jon6640
Hi Pals

Have some working thoughts on this but am curious to know if anyone has come across this before.

An Essex based solicitors firm (Messrs Landon in Brentwood) were prosecuting the mother of a young man (his next of kin for the record) who attested into the Essex Terriers in 1916. Given that they requested a copy of his attestation form, I am presuming it relates to his service / attestation.

Was that particular solicitor the rep's for the Essex Terriers per chance?

I wondered if this was one of those 'youre too young and now we know' cases, but his attestation records that he was given a notice from the recruiting office to attend.

Any thoughts? :)

I think a census search for the soldier in question will help with the age question, but wouldn't prosecuting a patriotic mum be counter productive? Could she have harboured him if he decided the army wasn't for him and proof of service was required?

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truthergw

I know that the law is different in England but I think I am right in suggesting that a firm of solicitors would not be prosecuting a charge? They may have been engaged by a party who had brought charges. You do not say what these charges were. I think the DPP would actually prosecute? Here in Scotland, it would be the procurator fiscal.

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steve fuller

Thanks to both of you.

I was unable to say what the charges were etc as those facts have not survived in his records unfortunately.

As for his age, in 1901 he was 4 and I can say he was JUST turned 4, so the ages actually add up, which was my first thought to be honest. It seems he enlisted perfectly correctly as he recorded himself as 18 yrs, 10 months on attestation and was mobilised in March, presumably on the arrival of his 19th birthday.

Looking like a private prosecution then perhaps?? An odd coincidence it was a firm from Essex when they lived out near Oxford ...??

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Jon6640

Do we know who the litigant was? Could they have been acting on behalf of his mother who was trying to get him out? i.e. Son joins under age, mom writes to regiment, doesn't get much joy so contacts a local firm to the reigiment to act on her behalf.

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steve fuller

Fraid not Jon. The litigator is not mentioned but it is definitely against the mum.

"... with the above solicitor who is to conduct a prosecution against the mother ..." is typed on one of the replies.

The language used between the WO and Solicitors makes me think they have had contact before as it is almost informal, even for 'internal' letters.

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truthergw

Pure guesswork of course, but I wonder if she had made a false declaration? Could she have been claiming him as a dependant?

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Terry_Reeves

Need to be careful here. Is it a criminal matter or a civil matter? Try the local newspapers.

TR

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Malcolm Linham

Steve,

One other thing to consider, until the fairly recent setting up of the Crown Prosecution Service then the local Police Forces would use local solicitors.

It was not unusual around here to see a Solicitor in one case as the prosecution and the next acting on behalf of the defendent.

Only in the event of serious trails would the DPP or the Attorney General become involved.

Hope this helps

Malcolm

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Patrick H

Landons are probably the oldest firm of solicitors in Brentwood and still exist. If you were to drop them a line they may have an archivist or a partner interested in their own history although it is unlikely any file wll remain. I can give you their address and phone number

Patrick

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steve fuller

Thank you Malcolm & Patrick. I will email tham and see what happens!! Quite obvious when you think of it really - didnt cross my mind that they may still be trading!! :rolleyes:

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squirrel

Or could it just be that the young man had left his worldly goods to somebody in Essex and the mother was reluctant to pass them on?

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steve fuller

Squirrel - could be? He was alive in 1916 though but I have emailed Landons to see if they can help as my curiosity has just developed to the degree that I would like to know!!

Im hoping it was not done in the end as her son (who this relates to) was very badly injured in 1918 and eventually died in the 30's from the injuries.

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Patrick H

Keep us posted Steve

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squirrel

Steve, something to do with Power of Attorney or similar?

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steve fuller

Seems the lady who picked my mail up at Landons is curious also as she will be getting back to me once shes had the archives out! Will keep you posted ...

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