From the Dover Express and East Kent News, 10 July, 1936.

Above picture  showing the New Motor Show Rooms and Garage for Continental Motors, built on the site of the old Tanyard, at the junction of Castle Street and Stembrook, and opened last week-end.

From the Dover Express. 1870.

Excise Information - Heavy Penalty.

Robert Head the landlord of the Burlington Inn, was charged with an infringement of the customs act by selling Cavendish tobacco that had neither been warehoused by the customs, nor provided by the customs with the necessary customs wrapper. Mr. Fox for the defendant admitted the charge and the penalty were reduced to one fourth for each offence, £30 in all, which he paid.

Information kindly supplied by Joyce Banks.

From the Dover Express and East Kent Intelligencer, 26 August, 1870. Price 1d.

EXCISE INFORMATION - HEAVY PENALTY

Robert Head, landlord of the "Burlington Inn" was charged with an infringement of the Customs Act by selling Cavendish tobacco which had neither been warehoused by the customs nor provided by the customs with the necessary customs wrapper.

Mr. Fox for the defendant, admitted the charge and the penalty was reduced to one-fourth for each offence - £30 in all, which was paid.

From the Dover Express and East Kent News, Friday, 6 September, 1874. Price 1d.

ANNUAL LICENSING MEETING

A complaint against the landlord, Joyce, was preferred by Inspector Coffee, appointed to the Dover District under the Contagious Diseases Acts. Police-constable Hooper was employed to watch a clandestine prostitute near defendant's house, and one evening Joyce ran out and loaded him with abuse, exclaiming “Look out for the bougie-man. Bring out my magic lantern that I may have a look at him.” This, the Inspector said, would have caused a breach of the peace had it been addressed to any but a Police-constable. (A laugh.)

Mr. Mowll said he was instructed on the part of defendant to express to the Bench his deep regret at what had occurred. He believed, rightly or wrongly, that his house had been for some time, to use an expressive phrase, a spotted one, and that Hooper had persistently stopped outside and watched it, for one evening he came into the house and peeped through the glass door at the people in the bar. No doubt Joyce was not justified in doing what he did, and the fact of his being an Irishman might be an excuse for what he had done. (Laughter.) He had been in Dover for some years, and was well-known as a well-conducted licensed victualler, and had kept the “Burlington” better than any former tenant.

Mr. Williams, of 18, Church Street, next-door to defendant, said the house was well and respectably kept.

Dr. Astley said the Bench would pass over the matter now, but it must not occur again. The duties of an Officer such as Hooper were by no means pleasant, and defendant ought rather to have assisted than attempted to obstruct him.

From the Dover Express and East Kent News, Friday 27 April, 1877.

A TRAMP AND HIS TRACTS

Dann Banks, was charged with begging at the “Burlington Inn,” Castle Street.

William Richmond, Anti-Mendicity Agent, said: He saw the prisoner about ten minutes past eight on Sunday evening, at the door of the “Burlington Inn,” in Castle Street, for the purpose of begging. He went over to him and saw him receive a copper piece from those who were in the bar. The man had a small bundle of tracts with him.

Prisoner said he sold some of his tracts there but did not beg. One of the men gave him a penny and would not take a tract.

Mr. Superintendent Sanders produced a hawker's certificate which the prisoner held and said it was a usual thing for men of the prisoner's class to take out those sort of licenses. They go begging and directly a Police Officer comes along the men produce their tracts.

The few tracts found upon the prisoner were handed to the Bench with one or two songs, which he said he had in his possession about six months.

Mr. Jones said he supposed the songs were to sell on week days and the tracts on Sunday.

The prisoner went to gaol for seven days with hard labour.

(A tract being a literary work usually religious in nature. Today they would be referred to as pamphlets. Paul Skelton)

Dover Express, Friday 28 November 1902.

DEATH OF A CAB DRIVER.

An inquest was held at the "Orange Tree Inn," Maxton, by the Borough Coroner (Sydenham Payn, Esq.), on the body of a man named George Cadey, who was found dead in his bed at Henley Cottage on Sunday morning. Mr. F. Sankey was the foreman of the jury, and the following evidence was given.

William Curling said:- I live at Henley Cottage. Deceased lived there and had been a fly driver. He was 74 years of age. He had always had good health, and had never had a doctor except when he injured his leg. On Saturday night deceased did not go out except to fetch some beer for supper. His health was then as good as ever. He had supper, which consisted merely of bread and cheese and beer, at 10 p.m. His wife went to bed first and he went about 10.45. I heard a noise at night which I thought was coughing. I did not think anything was the matter. About 4 o’clock I was called to come as quickly as I could. I went, and deceased’s wife said to me, "I'm afraid father is dead." He looked quite dead and was quite cold. The bed clothes were in order. I fetched Mr. Wood. Deceased's wife told me that she heard him moan three times during the night. Later on she thought he seemed to lay rather quiet, and she felt him and found he was cold.

Mr. C. Wood, surgeon, said:- I was called to Henley Cottage about 5.45 on Sunday morning, and in the upper room I saw deceased lying on the bed dead. He was lying on the right side and his arms were on his chest in a natural position. He had been dead three or four hours at least. I had never attended him before. I examined him and found no marks of injury. My opinion is that he died from heart failure.

The jury returned a verdict in accordance with the medical evidence.

From the Dover Express and East Kent News, Friday, 20 May, 1904. Price 1d.

LICENSING MATTERS

An extension was granted to the “Burlington Hotel” till 2 a.m. on Wednesday morning for a dance.

From the Dover Express and East Kent News, Friday, 5 August, 1904. Price 1d.

EXTENSION

The Secretary of the “Burlington Hotel” applied for an extension of time for a dance until 2 o'clock on Wednesday morning, and it was granted.

From the Dover Express and East Kent News, Friday 18 January, 1907. Price 1d.

LICENSING BUSINESS

The management of the “Burlington Hotel” was granted an extension of time for Thursday 17th January, for the house dance.

From the Dover Express and East Kent News, Friday, 5 April, 1907. Price 1d.

EXTENSION

The "Hotel Burlington" was granted an extension till two o'clock on Friday night on the occasion of a dance.

From the Dover Express and East Kent News, 6 January 1911.

LICENSING BUSINESS

At the DOVER Police Court this morning, before Captain R. B. Cay, R.N (in the chain) and E. Chitty, Esq. the management of the Hotel Burlington was granted an extension till 12.30 on Friday next on the occasion of a private dance given by Major Heyman.

From the Dover Express and East Kent News, Friday, 19 January, 1912.

EXTENSIONS

The management of the "Hotel Burlington" were granted an extension till 2 a.m. for a ball on the 19th January.

From the Dover Express and East Kent News, Friday, 25 December, 1914. Price 1d.

DRUNK AND DISORDERLY

At the Dover police Court on Monday, before Mr. J. H. Back (in the chair), Dr. C. Wood, and Mr. A. Clark.

Frederick Odell was charged with having been drunk and disorderly in Castle Street.

Police Constable Husk stated that on Saturday afternoon, about 3.30, he was called to the “Burlington Inn,” Castle Street, and going there in company with Detective Sergeant Southey, he found the prisoner, with several others, creating a disturbance. They were ejected. Prisoner was drunk, and used obscene language outside, and refused to go away. Witness took him into custody, and took him to the Police Station. He went fairly quietly.

The Chief Constable stated that defendant had been at the Police Station for various offences, principally for assault and poaching.

A fine of 10s. was imposed, and a week allowed for payment.

George Albert Hobbs was charged with having been drunk and disorderly in Princes Street.

Police Constable Kingsmill stated that on Saturday evening, at 7.25, he was on duty in York Street, and his attention was called to a crowd in Princes Street, and on going there he found defendant and a woman he was living with having an altercation in the street. Defendant was using most filthy language. Witness could not get defendant to go away. He was drunk, and fell down, and refused to move. Witness took him into custody, and took him to the Police Station.

A fine of 10s. was imposed.

From the Dover Express and East Kent News. 21 January, 1921.

LICENSING BUSINESS

The "Hotel Burlington" was granted an extension for a dance on Wednesday evening, arranged by Mrs. Clark.

From the Dover Express and East Kent News, Friday, 13 January, 1922.

LICENSING BUSINESS

The license of the "King's Head," Kingsdown, was temporarily transferred from Mr. Leonard Thomas Patterson to Mr. Albert Joseph Gifford, late of the "Prince of Wales," Ware, Ash (now closed). The last transfer was in 1900.

Alderman Lewis (to Mr. Patterson): Made your pile, of course. (Laughter.)

From the Dover Express and East Kent News, Friday, 14 April, 1922.

LICENSING BUSINESS

The management of the "Burlington Hotel" was granted the following extensions; April 8th, dance for Mr. Mitchell; 11th, Dover Marine Sports Club dinner; 21st, West Street Harriers' annual ball; and 26th, Military Jubilee Lodge of Freemason's dinner. The application for the West Street Harriers' ball was until 2 a.m. for liquor and 3 a.m. for dancing.

Alderman Chitty said that he would like to know from the Chief Constable whether there was any reason why they should grant this?

Chief Constable Green said that there was supper at midnight, and many well-known county people were coming.

Alderman Chitty: Do you think it conducive to their good to be drinking all through the night?

Chief Constable Green: I do not know about conducive.

Mr. Brett said that they should not put such a question on to their Chief Constable, but make up their own minds.

Mr. Newman, manager of the hotel, said that the Earl of Guilford would be present, and many of the guests would be staying at the Hotel.

The Bench granted the extension of hours asked for.

From the Dover Express and East Kent News, Friday, 18 August, 1922.

LICENSING BUSINESS

The management of the "Hotel Burlington" applied for an extension to sell intoxicating liquor until 1.30 a.m. on Saturday, August 19th, on the occasion of a dance to be held on August 18th, the bar to be closed to the public.

The application was granted.

From the Dover Express and East Kent News, Friday 13 April, 1923. Price 1½d.

The meet of the West Street Harriers at the "Burlington Hotel" on Saturday. Followed by the hunt ball.

From the Dover Express and East Kent News, Friday 6 February, 1925. Price 1½d.

THE BURLINGTON INN CASE

William Henry Coles, manager of the “Burlington Inn,” Church Street, now living at 16, Bartholomew Street, was summoned for knowingly harbouring un-Customed goods, spirits, whereby he forfeited the sum of £304 5s. 6d., treble value and duty.

Mr. De Wet appeared for the defendant and pleaded not guilty, although he said he might later on alter that as to part of the summons.

Mr. Booth said that as a result of what happened the previous day, the “Burlington Inn,” was visited. The search revealed 55 bottles and a jar of rum, 102 bottles and one jar of brandy, 48 bottles of whisky, two bottles of Geneva, and 19 bottles of gin, 228 bottles in all and two jars, that the defendant could not account for except ten bottles of Booth's gin, for which he said he would produce an invoice, but did not. Defendant refused to give any information as to whom he had obtained the goods from. He had been caught and would have to put up with it, as he was not going to give anyone away.

Mr. Warne said that he visited the defendant on November 9th at the “Burlington Inn” and saw him. He asked if he would produce any un-Customed goods on the premises. He said he had none and could not account for. Witness inspected his books and proceeded to search the premises, commencing at the bar and then going to the cellar beneath, where he found a considerable quantity of spirits which were not accounted for by any permit or document. After the search of the cellar and whilst packing the goods in crates, the defendant stated to him that he could not account for the goods. He was a white man and was not going to give anybody away. Witness then searched the scullery or kitchen and found no spirits there, and then went to the cupboards on the ground floor. Whilst searching there the defendant's wife asked permission to proceed to the kitchen for the purpose of washing. Permission was given. Some time after witness heard what appeared to him to be the rattle of bottles, and he rushed downstairs and found the defendant's children conveying bottles of rum from a locker in the outside passage and secreting them in the kitchen. He then proceeded to the passage way and found the defendant's wife in the act of removing bottles of spirits from a cupboard. He said to her, “What are you doing, Mrs. Coles,” and she nearly fainted. Witness later continued his search of the kitchen and found six bottles of run concealed under the sink, and in a cupboard of the dresser and the fireplace. He then proceeded to the locker before mentioned, in company with Mr. Whettingstall, and found in there practically the bulk of the rum and brandy forming the subject of the charge. They further searched the passage leading from the cupboard, to the extent of the premises in Church Street, and found concealed about ten bottles of rum. There were 228 bottles and two jars of spirits in all. The single value and duty was £98 5s. 7d. and the treble £304 5s. 6d.

Cross-examined. The door was opened by Mrs. Coles, who called up the defendant. He did not beckon to his two men to come in then. He told the defendant he had information that he was in possession of un-Customed goods and he had sold a bottle of brandy. Mrs. Coles said they had never sold brandy, and he did not agree that he said to her, “I am not talking to you.” He produced a warrant. He did not push his way into the bar. The defendant told him to have a look round and gave him every assistance. Defendant's man assisted him.

Witness cross-examined at length, said that he did not refuse to allow whisky to be given to Mrs. Coles when she fainted. He advised that it should not be used.

Did you make some caustic remarks – “This always happens!”

No; I did not.

Witness said that he gave the receipt (produced) to the defendant for the goods. He presumed that the summons was based on this. There were 19 bottles of gin shown. He did not know what gin was shown in the permit book now. He knew the defendant had some gin from Binfield's. In regard to one lot of gin, he did not agree that it was methylated spirits. It was Hamburg spirit, 58 per cent. over proof. I regard to the rum, there was no evidence that it was part of a bulk supply. The defendant did not say that Benedictine was for his own consumption. The whisky and rum was flasked up. The ten bottles of Booth's gin were the only ones that were disputed.

E. P. Whettingstall, Customs officer, corroborated. He said that he searched the private apartments of the house. He returned to the bar on the ground floor and obtained the key of the cupboard in the Castle Street entrance. The key was in the possession of Mr. Hausey. He found a quantity of brandy and rum in bottles. He started to remove it, when he had an urgent summons from below – downstairs, he meant.

Mr. De Wet: Not from Old Nick?

Not yet, sir. (Laughter.)

Witness continuing, said that he locked the cupboard again and gave the key to Mr. Hausey. Downstairs he saw Mr. Warne in the kitchen. He informed witness that some shifting was being done. At the time defendant's wife was in a distressed condition, and was being assisted by her daughter. He searched the dresser and found two bottles of Old Nick rum. At the copper, which was being used for washing, in a corner on the top he found some clothing and under the clothing a bottle of rum. He then proceeded to the underground passage, and found a locker containing a considerable quantity of brandy in bottles and old Nick rum in bottles, and a lot of flasks. The goods were on the shelves, and the locker was full of wood and general stores. When boxes had been obtained and the goods removed, he returned to the passage, and with the aid of his electric torch discovered ten odd bottles placed in different places, amongst timber and builder's materials.

Cross-examined. He did not mean to infer by an underground passage that it was a kind of secret place. It was the same level as the basement.

In reply to the Mayor, witness said that he did not think that the building material was put there to hide the goods. There was a builder's place next door.

J. P. Hausey, Waterguard Superintendent, said that after the whole of the goods have been removed, he asked defendant for an explanation. He said the whole of the goods came from the “other side,” except for ten bottles of Booth's gin, and said he could produce evidence as to that. He asked defendant who brought the goods to the house, and he replied, “I'm caught, and I must put up with the consequences. There are plenty in it, but I am a Britisher and I won't give them away.” In regard to the bottles of gin, no evidence had been produced by the defendant. He told defendant that the goods would be taken to the King's warehouse.

Cross-examined. Defendant did not say that he would not tell where the goods came from. He said that they came from the other side.

Frederick Stanley Wyatt, Customs Officer, said that he had tested all the spirits. The goods and quantities were as described in the charge.

Mr. De Wet said that he wished to withdraw the plea of not guilty as regards the rum, with the exception of the flasked rum. “Old Nick” had been too much for him, and he pleaded guilty to that. (Laughter.) he also pleaded guilty to a number of bottles of brandy and whisky, particulars of which he gave. He was not guilty as to the gin or Benedictine. Defendant went to the house in 1915 as manager temporarily, but things drifter on and he remained until November last. He had refused the licence. Defendant paid 12s. 6d. a bottle for the brandy from one poor man, who was m=now dead, and another, whose name he would not say. He did not buy them for the re-selling, and that was how the bottles accumulated to the large proportion they had. But whose fault was that? The Excise people should have visited the house every three months, or, at any rate, six months, but since 1915 until November they had made two visits. In 1921 defendant started an “Old Copper” Club, and from October that year started to obtain rum from the brewers and bottled it himself, in order to provide for the Christmas share-out. He (Mr. De Wet) submitted that there was on onus on defendant to account for every quantity of spirit on the premises. He was not the license holder. He asked the Bench to take into consideration defendant's good character in dealing with that part which he had pleaded guilty to, and to dismiss the other parts.

Defendant, in evidence, said that goods found on the morning of November 9th were in their usual place. He knew nothing of the goods behind scaffolding and decorator's materials. One of the men from whom he bought the rum was dead and the other name he would not divulge. He paid 12s. 6d. a bottle. The whisky was the remnant of a bulk supply from Messrs. George Beer and Co., and was flasked in 1921. the two bottles of “White Label” were from Messrs. George Beer and Co., and were entered in the book of their accounts. The bottles of the “John Crabbie” he had given him last Christmas 12 months. One bottle of McDonald's was bought singly from Messrs. Lukey and had not been in stock three or four years. The one bottle of “Black and White” he bought in the same way. The ten bottles of Booth's gin – the Customs had seen the permits from Messrs. Binfield's.

Mr. Booth: No! No!

Mr. De Wet: You have them, at any rate.

Defendant continuing, said the two bottles of John De Caper's had been used as methylated spirit. He found them when he went to the “Prince Alfred,” East Cliff, and brought them away with him. Other bottles of gin had been bought singly from time to time and others he had filled from bulk for Christmas time. The Benedictine had been given to him.

Cross-examined. He got the John Crabbie from a sailor in Dover Harbour. He did not know that John Crabbie was only sold for export.

Mr. Booth said surely a man I his business would know that in Dover – the home of smuggling.

The Mayor: We can't have any insinuations on our town. (Laughter.)

The Magistrates' Clerk: It's over the hill.

You had that McDonald since 1920. Doesn't anyone drink whisky in Dover?

Yes. I can do my share.

Mr. Booth: You heard my witness say you admitted these goods were smuggled!

I think he went too far, sir. He was lying that time.

Mr. Booth, in reply to the Magistrates' Clerk, said that if a duty was paid on spirits imported, a receipt was given.

The Mayor, after the Magistrates had consulted in private, said that the Magistrates had gone into the case, and the conclusion they had come to was that evidence had not been given to show that duty had been paid on these articles, and, therefore, they had decided to take the same course of action as in the previous case, and there would be a fine of £196 11s. 4d., and costs 5s.#

Alice Connolly, of 12, Church Street, was summoned for harbouring four bottles of rum, whereby she had forfeited the penalty of £100.

Mr. De Wet said that the defendant was guilty without knowing that she had contraband goods. She was a victim of circumstance. The bottles were part of the “Old Nick” overlooked by the Customs when they made their raid, and Mrs. Coles asked the defendant to look after a number of things, including a machine, as they knew they would have to clear out of the inn.

The Mayor (to the defendant): had you any knowledge that they were bottles of spirits?

No, sir.

A fine of £1, and 5s. costs, was imposed.

James Gilbert Sandiford, licensee of the “Burlington Inn” and manager for Messrs. George Beer and Rigden, Ltd., the owners, was summoned for (1) receiving six gallons of spirits without making the necessary entry in the stock book; (2) failing to hand to the Excise officer the certificate accompanying the spirits; and (3) with making use of certain places for storing, of which no entry had been made in the Excise return.

William Henry Coles was summoned for aiding and abetting J. Sandiford in each of the three summonses and for depositing goods in an “unentered” place, with intent to defraud the Revenue.

Mr. Rutley Mowll appeared for Mr. Sandiford, the licensee, and said that as he knew nothing of the transaction he pleaded not guilty.

Mr. De Wet appeared for Coles, and pleaded not guilty.

William Middlemas, officer of H.M. Customs and Excise, gave evidence as to the omission to make the entries and failure to hand over the certificates.

Evidence was given by Mr. Warne of the presence of spirits in “unentered” rooms.

Harry Manning, manager for Messrs. Binford's, produced the book showing the entry of spirits delivered to the “Burlington Inn,” and said certificates were sent with the consignments.

Cross-examined. The consignments were not more than a gallon, and they were made out to Mr. Coles.

Cyril Williams, carman employed by Messrs. Binfield, said he delivered the certificates to the defendant with the goods.

Mr. De Wet, dealing with the three cases of aiding and abetting, said that in regard to the summons as to the certificate, there was no necessity for one to have been sent out as the consignment was never more than a gallon. Therefore there was no necessity to enter them in a stock book, or obligation on the defendant to hand them over to the Excise Officer. In regard to depositing the goods in an unentered place, it was absolutely the same offence as that for which he had been punished already.

Mr. Booth said that Mr. De Wet had been most fluent, and if they did not know better they might be inclined to believe him. (Laughter.) The Act said that no certificate was required for any quantity under a gallon sent other than to a retailer.

Mr. De Wet said that the defendant was not a retailer. He was not the licensee.

The Mayor said that on the charge of depositing, there would be a fine of £1. the other cases they would deal with in connection with the other three cases.

Mr. Booth said he agreed that Mr. Sandiford was ignorant of what was going on, but he was bound to ask for a penalty.

Mr. De Wet said that he would say, on behalf of Coles, that Mr. Sandiford knew nothing of the certificates.

Mr. Mowll said that the stock book as regards entries of consignments from the Brewery were perfect. Coles, in a mild manner was acting fraudulently to his master by obtaining this spirit from Messrs. Binfield. He submitted that Coles, having acted without authority from the brewers, they were not responsible.

The Chairman said that in regard to the cases of receiving against Mr. Sandiford, they had decided to dismiss them. In regard to that of the “entry,” Mr. Sandiford was so well known to them and bore such a high reputation, that although a technical offence might have been committed, it was obviously unintentional, and they dismissed that also.

Mr. De Wet asked that a similar course should be taken in regard to Coles.

The Mayor said the Bench had decided to dismiss those cases also.

In reply to Mr. Bradley, Mr. Mowll explained that the bar premises would be cut off from the remainder of the building plans for which he was  about to submit. The plans were submitted.

The Chairman said the transfer would be granted if the plans were approved.

The transfer was granted and the plans approved.

From the Dover Express and East Kent News, Friday, 31 March, 1933. Price 1½d.

SELLING DRINKS AFTER HOURS

At the Dover Police Court on Monday before the Mayor (Councillor F. H. Morecroft), Messrs. W. Bradley, C. J. Sellens, S. Lewis, W. L. Law, F. R. Powell and Dr. Wood.

Benjamin Mackinnon Wylie of the “Burlington Inn,” Church Street, Dover, appeared on a charge of selling intoxicating drinks outside the permitted hours on 17th March.

W. J. Beney and A. Webb were charged with consuming intoxicating liquors at the “Burlington Inn” on March 17th outside permitted hours.

Mr. S. R. H. Loxton, Deputy Town Clerk, appeared for the prosecution.

Police Sergeant Alexander Laming said from 2.45 p.m. on Friday, 17th March, he kept observation with P.C. Prestige, on the “Burlington Inn,” Church Street. At 3.23 he saw a man, apparently a miner, ring a bell on the right-hand side of the door, which was opened by a woman, and the man admitted. At 3.25, a woman, whom he knew, left by the door, and left it ajar. P.C. Prestige and witness went to the door, opened it, and heard voices from inside. They entered, and saw the man whom he had previously seen enter. He later satisfied himself he was a lodger. He went to the room from which the voices came, and saw Wylie standing against the mantelpiece. The other man, Webb, was standing beside him and Beneywas half seated at the table. In the chair beside the fire was a woman, who, he was satisfied later, was housekeeper to Mr. Wylie. On the table near Beney and Webb, within arms reach of them, were three glasses containing malt liquor, which witness judged to have been freshly poured out, from the sparkle and the froth on top, which was of milky appearance. The beer was not flat. Mr. Wylie produced another glass from near where he was standing. Near the housekeeper was a glass containing port wine. Witness made his business known to Wylie, who said the beer was what the customers had left behind. Beney and Webb said the beer did not belong to them. Webb added that he had not drunk anything stronger than lemonade. There was a soda siphon on the table also. Witness examined the rest of the premises, but all he found was empty dirty glasses, none containing liquor. The woman whom he had seen leave had returned in the meantime, and stated she was a friend of Mr. Wylie and said she knew nothing about the drinking. Witness seized the glasses.

By Mr. Scorer (who appeared for Webb and Beney). Witness said he did not know who went in before the closing hours. He saw no beer consumed while he was in the Inn. He could not say positively when the beer was drawn. He was not a chemist. He judged that the beer, when he saw it, was bottled beer, drawn from 15 to 20 minutes. He was of opinion that the beer was not poured out before 2.30. Neither Webb nor Beney said the beer was theirs, and witness could not prove that it was. He admitted that the three defendants were all sober and quite orderly when he went in.

By Mr. Loxton. Witness said he drank beer and knew fresh beer when he saw it.

P.C. Prestige gave corroborative evidence.

Wylie, giving evidence on oath, said that the 17th March being St. Patrick's Day he had a few people in. Webb and Beney came in about 2.10 or 2.15, and they had a drink. He knew Webb, but had never seen Beney before the 17th. They had a little bit of an argument about strikes. Customers in the front bar were getting a bit fresh, and witness went to get them out. Webb said, “Let us have a drink before you go in,” but witness called time first, and at the same time supplied the drinks, getting one for himself at Webb's request. Each took a mouthful, and witness went into the front bar to get the people out. He stood and coaxed them out and did not get the house clear before 2.45. At the same time Webb and Beney were talking. Witness told them to wait until he got the rest out. The door in Church Street was open. The only occasion he had to go into the bar after that was when the lodger came in from his work. He usually had a bottle of beer when he came in. he had been with him 4½ years. When he came in he was in the side bar, and the housekeeper came up the side bar and not the saloon. She spoke to the lodger and called out to witness that the dinner was on the table. Witness replied he would not be a minute, and in walked the Sergeant and the Police Constable. In the meantime witness and Webb had been having a discussion. Beer and Rigden's bottled beer would keep its head for an hour if put in a dry glass.

By Mr. Loxton: Witness did not mind marrying customers when they were merry, so long as they did not go too far. He was not asked any questions regarding the beer, and the Police witnesses were not telling the truth. He did not say the glasses were left by other customers. He realised if a customer was served before time he was supposed to drink it up as quickly as possible and get out, but Webb and he had not got into an argument. It was 3.05 when the Sergeant walked in.

The Bench retired to consider the case of Wylie, and on their return the Mayor said they had found him guilty, and he would be fined £8 and £2 2s. costs.

Mr. Scorer said he was representing the defendants Webb and Beney. They were positive the drinks were ordered before time was called, but they were not prepared to say that time was called at 2.30. It was natural to rely on the management to keep them right about the time. There was no suggestion of insobriety or disorderliness. Under the circumstances he asked that the case be dismissed.

Webb and Beney were fined 10s. each.

At the conclusion of the case the Bench granted an application for the temporary transfer of the licence of the “Burliington Inn,” Church Street, from Benjamin Mackinnon Wylie to Mr. Wilfred Martin, Secretary to Messrs. George Beer and Rigden.