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From the Kent and Sussex Courier, 16 September, 1874.
Cowden. An Unsubstantiated Charge Against The Publican.
Joseph Cook, innkeeper, of Cowden, was summoned for unlawfully selling
half a pint of gin to James
Spittles, during prohibited hours, at Cowden, on Sunday, 2nd of August
last.
Mr. Palmer defended.
James Spittles, labourer, of Cowden, said he knew nothing about the
case. He did not go near the
defendant's house - the "Fountain" - on the 2nd August. He was not there
during unlawful hours. At 1:30 he
saw the defendant in his own house.
The Chairman cautioned witness, for one minute he said he never saw the
defendant, and the next he said
he did.
Mr. Palmer:- He would have been my witness if the other side had not
called him.
Witness:- I had a pint of ale there. I had nothing else. I had no gin. I
don't know whether anybody else had
any. I never saw any to my recollection.
The Chairman again cautioned the witness, and told him he must know
whether he saw any gin or not.
Witness:- I did not see any. I never saw anything but ale. There were
several others their drinking. I paid
for the ale. I am sure I did not go there before 1:30.
Superintendent Dance:- Did you get drunk that morning?
Mr. Palmer objected, and said it was a well-known rule of law that
complainant nor his attorney could cross
examine his own witness.
The Chairman coincided with Mr. Palmer.
The Clerk (Mr. Walker) said that Superintendent Dance could ask any
questions about the sale of gin.
By Superintendent Dance:- I have seen Constable Baker about this.
Mr. Palmer again objected, but the Bench ruled that the witness should
be considered as hostile, and that
he could be cross-examined.
By Superintendent Dance:- Baker met me one night after I have been
thrashing. I told him I had some gin.
I never went there on the second day of August. I didn't tell him that.
I told him I had some gin on the
Saturday night. That was the 8th, I believe. I saw Baker on the
Wednesday following that. I did not tell him
I went with a man named Heasemore and another man into a wood and drank
gin there. We were in a field
near a wood. I told him that. I did not tell him it was on the Sunday
morning. I did not mention a word
about Sunday morning. I am certain I did not tell him that it was Sunday
morning, 2nd August. I did not tell
him I had half a pint of gin. I did tell him that when I was brought
forward I would speak the truth. I did not
tell him I paid for the gin. Heasmore and the other man and myself were
not drunk. I did not see the
constable on Sunday, 2nd August. I have not had any conversation with
the landlord respecting this case,
nor has he promised me anything for coming here today.
By Mr. Palmer:- I have been summoned here today to be a witness on
behalf of the prosecution.
P.C. Baker was called in, and Superintendent Dance asked that the
evidence should be read over to him.
Mr. Palmer objected, as Mr. Dance himself asked that the witnesses
should be out of court.
Superintendent Dance said he could not carry the case any further. It
was entirely through this man that the
defendant had been brought up.
The Chairman said they dismissed the case, and as the witness Spittles
had given his evidence in such a
disgraceful way, they should not allow him anything for his attendance.
Superintendents Dance:- Unfortunately I have paid him 2s. We are
satisfied these men were as drunk as
possible, that they fetched drink from the house, and drank it in the
wood.
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