Maidstone Telegraph, Saturday 12 June 1869.

Beerhouse case at Birling.

Thomas Upton, housekeeper, and shopkeeper, living at Birling, was summoned by Superintendent Hulse, charged with keeping his house open for sale of beer, during prohibited hours on Sunday, May 23rd.

During the hearing of the case the Hon. and Rev. E. V. Bligh retired from the Bench.

Defendant pleaded not guilty.

I.C. Lawrence 12, depose:- On Sunday, May 23rd, I was on duty at Ham Hill, about 10 minutes to 11 o'clock in the morning. I saw Mrs. Wood go into defendants house, with a basket on her arm. In the course of three or four minutes she returned into the room with a basket. I told her I was a police constable and believed she had some beer in a basket. She said she had no beer, only a cabbage in it, and refused to let me examine it. I took hold of the basket, and underneath a cabbage, I found a tin bottle containing about 3 pints of beer. She said it was due to her from Saturday night. I took the bottle and asked her to come back with me to the beer house. I tasted the beer and found it was quite fresh, and not long drawn. I told Mrs. Upton, the landlady, what I had done, and she said the bear was drawn the night before. I also said I should report the circumstance to the superintendent.

Defendant declined asking any questions.

Superintendent Hulse:- That's the case.

Defendant:- I have witnesses to prove the beer was drawn the day before.

Ann Wood stated:- On Saturday evening the 23rd of May I went to Snodland, and on my way called at defendants house for 3 pints of beer, and left it there. When I came back they were gone to bed, therefore I went for the beer the next morning. The beer was drawn and put in the bottle IN my presence on Saturday night and I paid for it.

By the Bench:- The beer was put in the bottle a few minutes past 9 in the morning. I took the bottle with me when I went for the beer. They were gone to bed on the Saturday night, and I could not get the beer.

Cross-examined:- I told the policeman I paid for the beer on Saturday night, and that I had a few cabbage leaves in my basket. I did not deny having a beer when the man told me he was a constable. He took the bottle way from me in a very unkind manner.

The Clerk:- The policeman was not in uniform.

Lawrence:- I told the woman I was a policeman.

Witness:- No, you did not tell me till you took hold of my basket. I paid Mrs. Upton for my beer, and went to Snodland where I could get my things cheapest. I went into no beerhouse at Snodland, and did not notice the name of the shop where I made my purchases, as I do not go there often.

Superintendent Hulse:- Tell me the name of the shop.

Witness:- The shop was near the railway station but I do not know the name of the lady who keeps it. I bought what I stood in need of, one thing being a front to put in my bonnet, which I paid for and did not steal. I returned to Mrs. Upton's house a little after 10 and the door was shut. I'll swear I saw her draw the beer on Saturday night, and that I paid for it then.

Defendant:- I have another witness, and I keep a grocery shop as well as a beer house.

Superintendent Hulse:- You are liable for selling grocery on a Sunday morning.

Thomas Banks said:- I went to defendant's shop to purchase some tobacco and saw Mrs. Wood come in on Saturday night and ordered 3 pints of beer, which she paid for, and asked to be allowed to leave it till she returned from Snodland.

By the Bench:- I did not see the beer put in bottle, but I saw the bottle after it was filled, and saw it paid for.

Cross-examined:- I live at Ham Hill, and saw the same policeman at the house yesterday morning. I was there purchasing some tobacco, and did not have any beer.

Defendant:- he came after tobacco.

Superintendent Hulse:- You are not allowed to sell tobacco on a Sunday.

Defendant (addressing the bench):- Am I not allowed to sell tobacco on Sunday?

Clerk:- That has nothing to do with this case.

After a lengthy conference the Chairman said they had decided the case was proved, and fined defendant 10s. And 12s. costs.

Mr. Bligh told the defendant he had taken no part in the case, but he was satisfied the Bench had come to the right decision, and there had been many complaints as to the manner in which the house was conducted.

Defendant:- The policeman came at 7:30 yesterday morning.

Mr. Bligh:- I know what is going on at the house.

Defendant:- Two men with drinking ginger beer when he came.

Mr. Bligh:- As this is the first time that you have been convicted I do not wish for a severe sentence.

Defendant:- It is all Mr. Gower's doings, and caused through spite.

The policeman ran into the house yesterday morning ready to break his neck. I don't often go to church but I have to pay for it.

Mr. Blige:- Complaints are we made about the house before.

Defendant:- Much obliged to you gentlemen.

The money was paid.