From the Whitstable Times and Herne Bay Herald. 7 April 1900. Price 1d.
CANTERBURY POLICE COURT.
CHARGE AGAINST A LANDLADY DISMISSED
Emily Fogarty was summoned for permitting drunkenness on her licensed
premises, the "Duke of Cambridge," Broad Street, on March 20th. Mr. H. Fielding prosecuted and Mr. H. Broughton appeared for the
defence. Inspector Dunk stated that on Tuesday, march 28th he was in Broad Street
at 1.45 p.m. and he was passing the "Duke of Cambridge" public-house. As
he heard shouting he entered the house and in the bar saw eight or nine
men, two of whom were nearly drunk. He advised the landlady not to serve
them with any more drink. At 2.45 he visited the house again with Sergt.
Ewell and then found both men were drunk. A man named Sutton was
hopelessly drunk and Palmer was sitting on a form with a pint glass in
front of him, which was about three parts full. He asked the barman for
the the landlady and he showed witness into the back room. Witness saw
the the landlady and told her that she still had the two men in the bar
whom he pointed out at 1.45. He said, "They are both drunk." The
landlady said, "I must admit Sutton is drunk. he was put out but came
back again. Palmer has had a glass, but he is not so bad." Witness said
"Come into the bar and look at Palmer." They went into the bar together
and witness told Palmer that he would be reported for being drunk whilst
on licensed premises. Palmer
said "I have only had a pint and a half of beer." The landlady then said
" You have only had a pint of beer." Witness then said he should report
her for permitting drunkenness on licensed premises and she said. Do not
take any notice of it this time." Witness told the defendant he had
cautioned her the previous evening and also that afternoon. In answer to Mr. Broughton, witness stated that Serge. Ewell, the
barman, and an old woman were present when he had the conversation with
the landlady. He did not know that the barman put the men who were drunk
out of the house. The house in question had been conducted better during
the past six months. Sergt. Ewell corroborated and in cross-examination stated stated the
landlady asked Inspector to "look over it this time" fire or six times. Mr H. Broughton said that the two men in question were no doubt drunk,
but he should prove that the landlady did her best to persuade them to
leave the house and finding that she was unable to she got the barman to
put them out. The defendant did not serve the men with drink at all. Emily Fogarty, the defendant, stated that on the date in question two
men came into her house about two o'clock They called for drink and she
refused to serve them. She told them to go two or three times. They were
in the house about ten minutes before the police came in. Just after
Inspector Dunk went out again she got her barman to put the men out. The
second time when the men came in she was not in the bar. When the police
came in again she gave instructions to her man to put the men out. She
had been landlady of the house since August. She had held a licence
altogether for four years. In answer to Mr. Fielding, defendant said she had been trying to
persuade the men to go for ten minutes before the police entered the
house. She did not ask the police to assist her in getting the men out
of the house. She did not remember saying anything about one man only
having had a pint of beer when he said he had a pint and a-half. George Powell, a well sinker, in the employ of Mr. Chambers, Northgate,
and living in Ruttington Lane, stated he was in the public-house when
Palmer and Sutton entered. They were rather "boozy ” when they came in.
They were not served with drink. The landlady asked them to go out
several times and at last she got the barman to put them out. About an
hour afterwards the men came back again. They were not served with any
drink from the time they came in till the police arrived. William Fursmon, a carriage painter, living at Union Street,
corroborated. Thomas Hay, barman at the public-house, and having been in the employ of
defendant for about three years, stated that at about ten minutes past
one he had to turn Palmer and Sutton out of the bar. When the men came
in again witness told them to go out because he thought they looked the
worse for liquor. Henry James Palmer, living at Union Street stated that he had five or
six glasses. He had a man named Sutton with him and he was the worse for
drink. On the suggestion of the Inspector he left the house in question.
He left a tin bottle there and ten minutes afterwards he went back for
the bottle. The Magistrates retired and on their return into Court the Chairman said
they thought there was a little doubt in the case, and therefore would
give the defendant the benefit of the doubt and dismiss the case. They considered that the defendant had done her best to persuade the men
to leave the house and yet at the same time the police had done their
duty in bringing the case before them. |