33 Shellons Street / 17 Copt Hall Place 1871
Folkestone
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Southeastern Gazette 21 March 1854.
Wednesday, March 15th: Before The Mayor, J. Kelcey and S. Godden, Esqs.
Mary Ann Meadows, of the Foresters Arms, was fined 1s. and costs for a
similar offence on the same day; the magistrates believing that she
supposed her customers were travellers.
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Southeastern Gazette 13 June 1854.
Local News.
The licence of the Foresters Arms was transferred from Mary Ann Meadows
to Thomas Hall.
Note: Date is at variance with More Bastions.
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From the Folkestone Chronicle 21 August 1858. Transcribed by Jan Pedersen.
Wednesday August 18th:- Before the Mayor, James Kelcey and Gilbert
Kennicott esqs.
Peter McGowan was brought up on remand charged with obtaining money
under false pretences from Henry Swain, landlord of the "Foresters Arms", Shellons Lane. Prisoner was undefended. From the evidence, it appeared
the prisoner went to the house to lodge on the Saturday previous,
representing himself as a Captain, of the Elizabeth and Ann, of
Carlisle; he remained there until the following Monday morning, and
borrowed money under the pretence of having a sum of money in the
Folkestone Bank, at the same time showing Mr. Swain a cheque on the
Folkestone Bank. Swain accompanied prisoner to the bank on the Monday
morning, when he made an excuse and said his money had been sent to
Dover in mistake. Swain then went with prisoner to the railway station,
but missing the train they went into the "Swan" public house for
refreshment, when the prisoner contrived to give Swain the slip. No more
was seen of the prisoner until the following Wednesday morning, when Mr.
Wells, of the "Star", at Newington, came to Folkestone in search of the
so-called “Captain”, he having previously paid Wells a visit, staying
for some days at his house, and managing to obtain from him the sum of
£3, under the pretence of having money in the Ashford Bank. The two
victims went in company to the "Black Bull", and there found prisoner
trying on the same “artful dodge” with the landlord of that house. He
was afterwards taken into custody, and remanded until this day. Prisoner
had nothing to say in his defence, and was fully committed for trial at
the next quarter sessions.
From communications since received by the superintendent of police, it
appears the prisoner had been to Sheerness, and Boughton, where he
obtained from various persons, sums of money in the whole amounting to
about £10, by the same artful means; he had also been to Ashford and
Canterbury, where he had not only obtained money, but in one instance a
suit of clothes. From papers found on him it appeared prisoner had been
a time-keeper on the Silloth Harbour and Dock Works, Carlisle, for a
period of two years; he also had a contract in his possession for the
purchase of a large quantity of oak timber from Mr. George Austen of
Canterbury, together with a letter from that gentleman, accompanying a
copy of the agreement for prisoner's signature.
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Folkestone Chronicle 2 October 1858.
Quarter Sessions.
Friday 1st October:-
Peter McGowan, mariner, pleaded not guilty to an indictment charging him
with obtaining by false pretences the sum of 2s., with intent to defraud
William Henry Swain, at Folkestone, on 9th August 1858.
The case was commenced and gone into some extent, when the Recorder
stopped it from there being no evidence to contradict a statement that
the prisoner had made to Mr. Leith, the manager of the Folkestone Bank,
that he (prisoner) had a sum of money in the London and County Bank. His
Honour said the case could not go on, but the jury must acquit the
prisoner. The Recorder discharged him with a caution. He was however
immediately taken into custody and conveyed to Hythe to be examined on
another charge of obtaining money from Charles Wells, landlord of the
Star Inn, Newington.
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Kentish Express 28 August 1858
Petty Sessions, Wednesday: Before the Mayor, James Kelcey and
Gilbert Kennicott Esqs.
Peter McGowan was brought up on remand charged with obtaining money
under false pretences from Henry Swain, landlord of the Foresters
Arms, Shellons Lane. Prisoner was undefended. From the evidence, it
appeared the prisoner went to the house to lodge on the Saturday
previous, representing himself as a Captain, of the Elizabeth and
Ann, of Carlisle; he remained there until the following Monday
morning, and borrowed money under the pretence of having a sum of
money in the Folkestone Bank, at the same time showing Mr. Swain a
cheque on the Folkestone Bank. Swain accompanied prisoner to the
bank on the Monday morning, when he made an excuse and said his
money had been sent to Dover in mistake. Swain then went with
prisoner to the railway station, but missing the train they went
into the Swan public house for refreshment, when the prisoner
contrived to give Swain the slip. No more was seen of the prisoner
until the following Wednesday morning, when Mr. Wells, of the Star,
at Newington, came to Folkestone in search of the so-called
“Captain”, he having previously paid Wells a visit, staying for some
days at his house, and managing to obtain from him the sum of £3,
under the pretence of having money in the Ashford Bank. The two
victims went in company to the Black Bull, and there found prisoner
trying on the same “artful dodge” with the landlord of that house.
He was afterwards taken into custody, and remanded until this day.
Prisoner had nothing to say in his defence, and was fully committed
for trial at the next quarter sessions.
From communications since received by the superintendent of police,
it appears the prisoner had been to Sheerness, and Boughton, where
he obtained from various persons, sums of money in the whole
amounting to about £10, by the same artful means; he had also been
to Ashford and Canterbury, where he had not only obtained money, but
in one instance a suit of clothes. From papers found on him it
appeared prisoner had been a time-keeper on the Silloth Harbour and
Dock Works, Carlisle, for a period of two years; he also had a
contract in his possession for the purchase of a large quantity of
oak timber from Mr. George Austen of Canterbury, together with a
letter from that gentleman, accompanying a copy of the agreement for
prisoner's signature.
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Folkestone Express 22 August 1874.
Monday, August 17th: Before J. Tolputt and J. Clark Esqs.
There is the usual influx of mendicants during the season, and the
police have considerable difficulty in clearing the town of them. Two
men who gave names of John Cook and Manus Conway were charged with
begging.
P.C. Keeler saw Cook go to Mr. Hart's and Mr. Tyson's and beg on
Saturday, and Supt. Wilshere saw Conway go into the Prince Albert and
Foresters' Arms public houses on Sunday, and followed him. Mr. Wilshere
being in plain clothes, prisoner made the blunder of begging of him.
Prisoners were committed for 21 days hard labour each.
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Southeastern Gazette 3 January 1876.
Local News.
It may be remembered that in October, 1874, a coastguardsman named
Patrick Carraghty was killed by falling over the cliff at the Warren,
not far from Steddy’s Hole. Deceased at the time was out shooting, but,
strange to say, his gun could never be found, although the most rigorous
search was made. On Tuesday last, Mr. J. Hartley, of the Foresters’ Inn,
Foord Road, was near the spot, when he found the deceased’s gun. The
barrel end was covered with chalk, leading to the supposition that it
had lodged in the chalk during the fall of the poor fellow, and had
since been brought down by the recent heavy snow.
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Folkestone Express 18 September 1880.
Wednesday, September 15th: Before The Mayor and Captain Crowe.
Mr. Hartley, of the Foresters' Arms, obtained an occasional license to
supply refreshments at Walton Farm, on the day of the shooting
competition in connection with the Artillery Volunteers.
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Folkestone Express 11 December 1886.
Saturday, December 4th: Before The Mayor, F. Boykett, and H.W. Poole
Esqs.
An extension of one hour was granted to Mr. Jackson, of the Foresters'
Arms on the occasion of a dinner on Wednesday.
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Folkestone Express 1 August 1891.
Saturday, July 25th: Before Ald. Banks, H.W. Poole, W. Wightwick and W.G.
Herbert Esqs.
Matilda Lefevre, niece of the late Mr. Jackson, landlord of the
Foresters' Arms, was given temporary authority to draw at the house.
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Folkestone Express 8 August 1891.
Wednesday, August 5th: Before Captain carter and W.G. Herbert Esq.
The licence of the Foresters' Arms was transferred to Miss Lefevre.
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Folkestone Express 3 December 1892.
Wednesday, November 30th: Before The Mayor, J. Fitness Esq., and
Alderman Pledge.
Mr. Cook, of the Foresters Arms, applied for an extension of one hour on
the occasion of the Prussian Hermits' dinner. The Magistrates refused
the application.
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Folkestone Express 16 June 1894.
Wednesday, June 13th: Before Aldermen Sherwood and Dunk.
Mr. Cook, of the Foresters' Arms, was granted an occasional licence to
sell at the Town Hall at the Foresters' Smoking Concert.
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Folkestone Chronicle 4 October 1895.
Local News.
At the Police Court on Wednesday, before Mr. Fitness and Alderman
Pledge, a young servant girl, aged fourteen years, was placed in the
dock, charged with stealing money belonging to her master, Mr. Geo.
William Cook, landlord of the Foresters' Arms, Shellons Street, on the
28th September.
Mrs. Cook was called, and stated that the prisoner had been in her
husband's employ about four months. On the 18th ult. witness placed a
china vase containing £5 in silver and two half sovereigns in her
drawer, and moved it on the 20th to another drawer in which her husband
kept his cash. On the first of October she missed some of the silver,
and in consequence of her suspicions searched the prisoner's dress. She
found in the pocket a quantity of nuts, fruit, and sweets, and also a
purse containing 5s. 5½d. Witness went direct to the prisoner and asked
her what money it was, and she answered “It's not your money. I've not
stolen it from you”. Witness went again to the china vase and counted
the money. There was £1 in silver missing. She returned to the girl, and
questioned her further respecting the coin she had found in her pocket,
when she remarked that it was her mother's money. Witness then went to
the Albion Mews, where her mother resides, but she was out, and Mrs.
Cook returned home, telling the girl that she had seen her mother, and
that she had told her that the money did not belong to her. The reason
for telling her that was to get at the truth, and the girl said “It was
your money. I took it from the chest of drawers on Saturday”. Witness
made her turn out her pockets, and found six bangles, a silk
handkerchief, a pair of kid gloves, two combs and a shoe horn. Witness
asked her if she bought them with her money, and she said “Yes”.
P.S. Lilley stated that he saw the prisoner at the Foresters' Arms on
Tuesday afternoon. He gave her the usual caution, and told her the
charge. Mrs. Cook, producing a small china vase, said “This is the
ornament the money was taken from”. Prisoner said “I didn't take it out
of that; I took it out of a little wooden bowl”. The officer said “Took
what?”, and she replied “The money”. She said she took it last
Wednesday, but didn't know how much, and the 5s. 5½d. in the purse was a
part of it She also said she bought the gloves at Shaw's for 1s. 11d.,
and other articles at the 6½d. shop on Grace Hill.
Prisoner pleaded Guilty, and elected to be dealt with summarily. Her
mother, who was in Court, said the girl was 14 years old last July, and
asked that she might be sent to a reformatory.
Mrs. Cook asked the Bench to deal as leniently as possible with the
prisoner. She was young, and she was sorry to have to bring her there.
She had always been a very willing girl.
Mr. Fitness said the prisoner was almost too young to be placed in such
a position, and he thought it was a desire for finery that had caused
her to give way to temptation. They had decided to give her another
chance, for they thought she was too young to be sent to prison. She
would be discharged, to come up for judgement when called upon.
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Folkestone Herald 5 October 1895.
Police Court Record.
On Wednesday, Janet Cox, aged 14, was charged with stealing £1 in
silver, the property of her master, Mr. Cook, Foresters' Arms, Shellons
Street.
Mrs. Cook said the prisoner had been her servant for about three months.
On the 18th ult. witness placed £6 in a china vase, and put the vase
into a drawer in her bedroom. £5 of the money was in silver. She moved
it to another drawer on Monday last. Next day she examined the pocket of
a dress in prisoner's bedroom, and found a purse containing 5s. 5½d. She
then asked prisoner what she had in her pocket. Prisoner said “It is not
your money. I have not stolen it from you”. Witness went to the drawer
and counted the money. Finding that £1 in silver was missing, she asked
prisoner if she had taken the money or not. Prisoner said her mother had
given her the money to buy some coal with. Witness then went to see the
mother, who was not at home. After returning she told the girl she had
spoken to her mother, which was not a fact. Prisoner then said she had
taken the money from the chest of drawers on Saturday. In her pocket
witness found, besides the purse, six bangles, a pocket handkerchief,
and a pair of kid gloves. In reply to witness, the prisoner said she had
bought the articles with the money that was stolen.
P.S. Lilley deposed that from what the last witness's husband told him,
he went to the Foresters' Arms. He saw the prisoner and warned her that
what she said to him would be told to the Magistrates. Mrs. Cook showed
him the vase from which the money was taken. Prisoner then said, in
reply to the sergeant, that she took the money from a wooden bowl. She
did not know how much, it was in silver. The money in the purse was some
of that she had taken.
The prisoner pleaded Guilty.
Mrs. Cook asked the Bench to deal with her leniently, she had been a
willing girl. She would not take the girl back into her service again.
In answer to the Magistrates, prisoner said she had passed the 3rd
standard of the National Schools, Sandgate.
Mr. Banks, who was in the chair, said as the girl was so young they
would give her another chance, and dismiss the case, the prisoner being
bound over to come up for judgement when called upon.
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Folkestone Chronicle 23 July 1898.
Local News.
We regret to have to record the death of Mr. George R. Cook, of the
Foresters' Arms, Sutton Street, which occurred on Sunday. On the
previous day he accompanied Mr. Fearon's beanfeast party to Tenterden.
He was taken suddenly ill on Sunday morning, and although Dr. Thornton
Gilbert did all in his power, he died in the afternoon from syncope.
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Folkestone Herald 23 July 1898.
Felix.
His many friends will hear with more than ordinary regret of the sudden
death of Mr. Cook, of the Foresters' Arms, Shellons Street. Deceased had
been out for a little excursion into the country, and whilst driving
from Ashford in the direction of Cranbrook he complained of feeling
unwell. Subsequently he was brought on to Folkestone, and died at his
home. Mr. Cook, I understand, suffered from heart affection. He had
served his Queen and country in India, and the climate no doubt had told
on his health. His death will be generally regretted, and Mrs. Cook has
the deep sympathy of a large circle of friends.
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Folkestone Chronicle 6 August 1898.
Wednesday, August 3rd: Before Messrs. J. Pledge, W.G. Herbert, W.
Wightwick, and C.J. Pursey.
Mrs. Cook was granted the transfer of the licence of the Foresters'
Arms.
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Folkestone Herald 6 August 1898.
Police Court Report.
On Wednesday licence was granted to Mrs. Cook, Foresters' Arms.
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Folkestone Up To Date 6 August 1898.
Wednesday, August 3rd: Before J. Pledge, W.C. Herbert, W. Wightwick, and
C.J. Pursey esqs.
Transfer was sanctioned to Mrs. Cook, Foresters Arms.
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Hythe Reporter 13 August 1898.
Folkestone Police Court.
At the sitting of the Bench of Magistrates last Wednesday, the following
licence was transferred:
Mrs. Cook, widow of the late landlord, was granted temporary authority
to sell at the Foresters Arms.
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Folkestone Chronicle 17 September 1898.
Wednesday, September 14th: Before Messrs. J. Banks, J. Fitness, W.G.
Herbert, W. Wightwick, and C.J. Pursey.
Mrs. Cook was granted the transfer of the Foresters' Arms, formerly held
by her late husband.
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Folkestone Herald 17 September 1898.
Police Court Record.
On Wednesday transfer was granted to Mrs. Cook, Foresters' Arms.
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Folkestone Up To Date 17 September 1898.
Wednesday, September 14th: Before Ald. Banks, J. Fitness, W.G. Herbert,
W. Wightwick, and C.J. Pursey Esqs.
Transfer was made to Mrs. Cook, Foresters Arms.
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Folkestone Express 22 April 1899.
Wednesday, April 19th: Before J. Hoad, J. Holden, T.J. Vaughan, J.
Stainer, and J. Pledge Esqs.
Edgar Dalton, the landlord of the Foresters' Arms, was summoned for
unlawfully opening his house for the sale of intoxicating liquor during
prohibited hours. Mr. G.W. Haines defended.
P.C. Burniston said at midnight on the 14th inst. he was on duty in
Shellons Street, and saw two men come up Grace Hill – William Price and
Patrick Harrington – and as they passed the public bar door of the
Foresters' Arms, Harrington knocked at the door. They walked about five
yards up Shellons Street and stopped. The door was then unbolted and
opened by defendant, who came out on to the pavement. Harrington called
out to defendant “Is it alright?”, and he replied “Yes. Come on”. The
two men then walked back to where defendant stood, and Harrington said
“Is there any policeman about?” Defendant looked about, and said “No.
Come on”. The three men then went into the bar. Shortly after, witness
went to the door and listened, and heard a noise as if the till was
pulled open. There was the chink of money, and then the till was pushed
back again, and made a loud noise. There appeared to be a coin thrown on
to the bar counter. Defendant said “Drink up. I'll let you out this
way”. Witness went to the private bar door in Shellons Street, the door
being unbolted, and he was seen through one of the glass panels, and the
door was left. He then knocked at it. He was admitted by defendant, and
when he got inside he heard a rumbling of feet, as if the men were
trying to make their escape. He said to defendant “Where are those two
men gone to on your premises?” He replied “Somewhere in there”. He
looked round the public and private bars, and they were in a private
room at the rear of the bar. There were two glasses standing on the bar
counter, and they smelt of whisky very strongly. Not being able to see
the men inside, he went to the back gate on Grace Hill, which he found
locked, and on returning found the two men leaving the premises. He took
their names and addresses, and told them he should report them, and they
made no reply. He told defendant he should report him for keeping his
house open during prohibited hours. He replied “I own that I served
them. They had an Irish whiskey each, but they did not pay for it. It
seems very hard for a young man like me to be reported. It will ruin
me”. Witness then left the premises.
Cross-examined by Mr. Haines: He was standing in the doorway of a
private house opposite at the top. There was a light in the bar at the
time, and he noticed a musical box open on the counter.
Mr. Haines, in defence, explained that defendant was cleaning out a
musical box which had become jammed, and while engaged in this
occupation the two men, whom defendant knew very well, knocked at the
door and asked for a drink. Defendant said he could not sell them a
drink, but he would give them one. The money that the constable said he
heard chink was that taken from the musical box. Was it likely that for
the sake of two whiskies the defendant would wantonly imperil his
licence and his future?
Superintendent Reeve said that before taking over the licence the
defendant produced an excellent testimonial to his predecessor.
The Bench considered the case proved and fined defendant £2 10s. and 9s.
costs, or in default one month's hard labour. Being the first offence,
they decided not to endorse the licence.
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Folkestone Herald 22 April 1899.
Notes Of The Week.
We have often heard very funny defences raised on behalf of licence
holders, when the latter have been proceeded against for selling
intoxicants at prohibited hours. We do not refer to Folkestone, but
rather to other towns, especially in the north. Nevertheless, we cannot
recall to mind any more ludicrous defence than that which was set up in
a local case on Wednesday morning. A policeman saw two men admitted into
a public house at midnight, he heard the clink of money in the drawer
and on the counter, he found two glasses which had recently contained
ardent spirits, he saw the two men leave the premises, and he received
the landlord's confession that the men had been admitted. These facts
were pretty clear; but the defence was that the men had been treated by
the landlord, and that the latter had been emptying a musical box of the
coppers it had accumulated during the day. Whether the belated men
enjoyed a tune to the accompaniment of their toddy is not specified in
the evidence, but at all events, the case points a moral to licence
holders, that when they are counting up the cash of their musical boxes
after closing time, they would do well to exclude any passers-by who
might be curious to enter. A mitigated penalty of £2 10s. and costs will
suffice to vindicate the law.
Folkestone Police Court.
On Wednesday morning last an interesting licensing case was before the
Magistrates at the Borough Police Court. The Bench consisted of Messrs.
Hoad, Pledge, Holden, Vaughan, and Stainer.
Mr. Edgar Dalton, landlord of the Foresters' Arms, Shellons Street, was
summoned for opening his house during prohibited hours for the sale of
intoxicating liquors. He pleaded Not Guilty. Superintendent Reeve
conducted the case for the prosecution, and Mr. G.W. Haines, solicitor,
appeared for the defence.
P.C. Burniston deposed: At 12 o'clock, midnight, on the 14th inst., I
was on duty in Shellons Street. I saw two men come up Grace Hill from
the direction of Foord Road. They were William Price and Patrick
Harrington. As they passed the public house, Harrington knocked at the
door. The two men then walked about five yards up Shellons Street and
stopped. The door was then unbolted and opened by the defendant, Dalton,
who came out on the pavement. I recognised him. Harrington called out to
Dalton “Is it all right?” Dalton replied “Yes, come on”. The two men
then walked back to where Dalton stood, Harrington saying “Is there any
policeman about?” Dalton looked about and said “No, come on”. The three
men went into the bar, the door was closed and bolted again. I went to
the door about two minutes afterwards. I listened and heard a noise as
if the till pulled open, and then the chink of money. The till was then
pushed back again. It made a loud noise, and I heard the chink of money
on the bar counter. Dalton said “I will let you out this way”. I knew it
was his voice. I went to the private bar door in Shellons treet. The
door was being unbolted by someone from the inside before I knocked. I
was seen through one of the glass panels of the door, and he left the
door. I then knocked at it. I was admitted by Dalton. When I got inside,
I heard the rumbling of feet as if the men were trying to make their
escape. I said to Dalton “Where are those two men you have got on your
premises?” He replied “Somewhere in there”. I looked round the public
bar, private bar, and a private room in the rear of the bar, but could
not see the men. There were two glasses upon the bar counter. I smelt
them. They smelt of spirits. There was nothing in them, but they had
recently contained spirits, whiskey, for they smelt strongly. Not being
able to see the men inside, I left the bar and went to the back gate on
Grace Hill. I then returned to the bar. I did not find anybody; the gate
was locked. I saw the two men leaving the premises, just getting on the
pavement. I took their names and addresses and told them I should report
them for being on licensed premises at prohibited hours. They made no
reply. I said to Dalton “I will report you for keeping your house open
for the sale of intoxicating liquor”. He replied “I know I served them.
They had an Irish whiskey each”. I said to him “I heard the chink of
money on the bar counter”. He replied “They did not pay for it. It seems
very hard for a poor man like me to be reported. It will ruin me”. I
then left the premises.
Cross-examination by Mr. G.W. Haines: Where were you standing at this
time? – At a private house opposite, in the doorway. I had business to
attend to there.
You say you heard all this conversation? – Yes, sir.
Did you say you heard all of it? – Yes, sir.
They could not have said anything you could not hear? – No, sir.
When they came up and tapped at this door, was there a light there? –
Yes, sir. A full light on the bar.
Did you notice any musical box arrangement? – There was a musical box
standing on the counter.
Can you say whether it was open? – Yes, it was open.
Now, after this man had gone in, the light was still kept going? Just
so. – Yes, sir.
Did the defendant, when you spoke to him about the men being there,
mention anything about the musical box to you? – No, sir.
You say you heard the chink of money? – I heard what appeared to be
that.
The defendant told you he did not charge these men for what they had? –
He said so.
Mr. Haines, on the defendant's behalf, said the case was taken under
Section 9 of the Licensing Act, 1874, in which there were two offences,
for selling liquors during prohibited hours or for keeping the house
open for the sale of liquor. There was not the slightest doubt that had
the police sufficient evidence to have brought the case within the
section of selling liquors, the summonses would have been taken out
under the section, or the first part of that section, but owing to the
difficulty of proving a sale the summons was taken under the latter part
of the section, and that was for keeping open the house. The offence,
however, was for opening the house. (Mr. H.B. Bradley, the Clerk to the
Justices, said that was altogether a different offence from keeping
open.) Mr. Haines, continuing, said it was for the Bench to decide on
the evidence whether or not within the meaning of the Act the defendant
did open the place for the purpose of a sale. There had been many cases
decided with regard to opening or keeping open, amongst which at one
time was the question of giving to or treating one's friends. Having
called the Bench's attention to two cases in point, Mr. Haines contended
that there were cases in which there was a very fine line. The Bench
would have to decide whether this man wantonly opened this house at
midnight for the express purpose of selling two whiskies, and would
prejudice the house, the licence, and his own future. The explanation he
was instructed to give to this Court was one, in conjunction with the
constable's evidence, which would, he thought, be taken to a certain
extent to be not contradictory. He thought that when they heard that,
they would see the defendant was worthy of credence, and his statement
was not altogether an airy romance. The defendant had a musical box on
the counter, and the door where the money portion is was opened. A
customer could place a penny in and a tune was played. That night, as
they heard, the light was burning in this bar at 12 o'clock. The
defendant would have turned out his lights, but he was clearing the
money out of the musical box, which had got jammed. The two men came up.
They were known to him, but he did not know that they were intimate
friends of the defendant. They knocked at the door. They asked him “We
should like a drink”. He said “I can't sell you a drink, but I will give
you a drink”. They went inside, the lights being left on. There was no
attempt at turning out the lights. The money which had been taken out of
this box was cleared off the counter and put in the till. That was the
money or the sound of money to which the constable referred. The
constable came in; it was not of course for the police to judge whether
or not it was within the section. He submitted that the defendant had a
right if he liked to give liquor to any of his friends, but he would
have learnt his lesson, and know that he would have to satisfy the Bench
that his intention was not a wilful one to open his house for that
purpose. The defendant was a young man, inexperienced, and he might say
this was the first house he had had. It was not many weeks since he had
been granted the transfer of his licence. His character satisfied the
Bench. He believed that the house in question had had a most exemplary
character. The brewers, Messrs. Isherwood, were the last persons to have
a tenant who would imperil their licence. The defendant might be
ignorant altogether of the law. It was hedged in with technicality, and
the defendant thought that if he chose to give the men a drink he could
do so. This man had started life, and it was not to be believed that for
the sake of two whiskies he would imperil his licence. This was not in a
back street, but in the centre of the town. He submitted on the facts
that the defendant did not intend to open his house for the sale of
liquor. There was no proof that it was sold. He asked them to believe
the defendant when he said he gave the liquor to these men. He asked
that the licence should not be endorsed in any case. As to the two
glasses, they might have been not previously cleared away.
Superintendent Reeve said the defendant produced to his predecessor
excellent testimonials.
The Bench having consulted, the Chairman said: Edward Dalton, the case
is proved satisfactorily to the Bench, and you have rendered yourself
liable to a penalty of £10, and also endorsement of the licence. It
being the first offence, the Magistrates are of opinion that, taking
into consideration that the house has always been of good repute, they
will be justified in mitigating it to one fourth.
Fined £2 10s., and 9s. costs, or one month's imprisonment.
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Folkestone Up To Date 22 April 1899.
Wednesday, April 19th: Before J. Hoad, J. Pledge, J. Holden, T.J.
Vaughan, and J. Stainer Esqs.
Edgar Dalton, landlord of the Foresters Arms, Shellons Street, was
summoned for keeping his house open during prohibited hours on the 14th
April. The defendant pleaded Not Guilty, and was represented by Mr. G.W.
Haines.
Police Constable Burniston said: About midnight on the 14th April I was
on duty in Shellons Street, when I saw two men come up the Foord Road.
The men were William Price and Patrick Harrington. As thep passed the
Foresters Arms public house, Harrington knocked at the door. The two men
then walked about five yards up Shellons Street, then stopped. The door
was then unbolted and opened by the defendant's daughter, who came out
on the pavement. Harrington called out to Dalton “Is it all right?”, and
Dalton replied “Yes, come on”. The two men then walked back to where
Dalton stood. Harrington asked if there were any policemen about, and
Dalton replied “No, come on”. The three men then went into the bar. The
door was closed and bolted again. Shortly afterwards I went to the door.
The Magistrates' Clerk: How long afterwards?
Police Constable Burniston: Two minutes, sir. I listened and heard a
noise, as if the till was pulled open. There was the jink of money. The
till was then pushed back again, and made a loud noise at the bar
counter. Dalton said “Drink up. I will let you out this way”.
The Magistrates' Clerk: You heard someone say so.
Police Constable Burniston: I knew it was his voice. I heard the private
door opened in Shellons Street. I could see through one of the glass
windows. I then knocked. I was admitted by his daughter. When I came
inside I heard the running of feet, as if there were men trying to make
their escape. I said to Dalton “Where have those two men gone?” He
replied “Somewhere in there”. I looked round the public and private bar,
and into a private room at the rear of the bar, and could not see the
men. There were two glasses standing on the bar counter. I smelt the
glasses, and they smelt of spirits.
The Magistrates' Clerk: What spirits?
Police Constable Burniston: Whisky, sir. Afterwards I went to the
entrance in Grace Hill, and saw the two men just leaving the premises. I
took their names and addresses, and told them I should report them for
being on licensed premises. They made no reply. I said to the daughter
“I shall report you for keeping your house open for the sale of
intoxicants”. The defendant replied “I own I have served them. They had
an Irish whiskey each. They did not pay for it”. I said to him “I heard
the clink of money on the bar counter”. He replied “They did not pay for
it. It seems very hard for a young man like me to be reported. It will
ruin me”. I then left the premises.
Mr. Haines proceeded with the cross-examination of the witness.
Where were you at this time? – I was in a private doorway over the way.
You say you heard this conversation. Do you say you heard all of it? – I
heard all, sir.
When they came to the door, was there a light? – There was in the
private bar.
Did you notice a musical box? – There was a musical box on the bar
counter.
Was it open? – It was open.
And it was still kept going? – It was still kept going.
Did the defendant mention anything about the musical box? – No, sir, not
to me.
You say you heard the clink of money? - Yes.
As if the till was being opened? – That is it.
There was the rattle of money inside? – Yes.
The defendant told you that he had not charged these men for what they
had had? – He said so.
Mr. Haines then addressed the Court. He said: Gentlemen, on behalf of
the defendant I have to make a few remarks on this case. In section 9 of
the Licensing Act of 1894, there are two offences mentioned. One offence
is selling intoxicating liquors on licensed premises during prohibited
hours, and the other offence is for keeping the house open for the sale
of those liquors. There is no doubt that the summons would have been
taken out under the first part of the section for selling liquors during
prohibited hours had it not been for the difficulty which is very often
experienced in proving the sale. To avoid that difficulty that summons
has been taken under the latter part of the section for keeping open his
house.
The Magistrates' Clerk: That is the offence.
Mr. Haines: The offence is for opening the house.
The Magistrates' Clerk: That is a different offence than keeping open.
Chief Constable Reeve: There is a mistake on the charge sheet. The
offence is for keeping open during prohibited hours.
Mr. Haines: Now, with regard to cases dealt with summarily, it is for
the Bench to consider what is opening a house for the sale of
intoxicating liquors. There have been many cases upon the point, and it
will be for you to decide whether, within the meaning of this Act, the
defendant did open his house for the purpose of sale. There have been
many cases for opening or keeping open, and amongst other questions
raised has been that of giving or treating practically one's friends.
One case to which I wish to call your attention is that of Tennant v
Cumberland. In that case Cumberland, a beer house keeper, was summoned
for keeping open. The offence charged was that at two o'clock on Sunday
morning the constable saw the beer house keeper and another man drinking
ale in the house, and soon after the man came out. There was no proof of
selling beer, and the Court of Queen's Bench held there was no evidence
of keeping open.
The Magistrates' Clerk: That was a case of keeping open, not opening.
Mr. Haines: Of keeping open, but it is a matter for the Bench whether
there is sufficient evidence of keeping open for the sale of drink.
Although a man was on the premises, and the place was open, it was held
that one man being there and drinking was not sufficient evidence to
show that the defendant kept his house open for the purpose of selling
liquors. And, further, there was the case of Jefferson v Richardson. In
that case the alehouse keeper was charged with keeping open on a Sunday.
The man was seen to come out at a side door, though the front door was
shut. There was no evidence to support the charge that liquor had been
sold during prohibited hours. I take it that there are no facts in the
case now before you on which you can decide that the defendant wantonly
opened his place at midnight (when he knew the police were about) for
the purpose of selling two whiskies, and would prejudice the house, and
his own future. This case is one in which you will say that the
defendant is worthy of credibility. His statement is not altogether a
tissue of rumours. I can undertake to say that he hda a musical box on
his counter when the door was opened. I believe a customer can place a
penny in the box, and a wheel goes round, and there is no doubt that the
box got full of upper coins. On the occasion of the alleged offence a
light was burning in the bar at twelve o'clock at night. What I
understand is that defendant was cleaning the money out of the musical
box. The two men who came in were known to him. I do not know they were
intimate friends, but at all events they were friends, and they knocked
at the door. They said “We should like a drink”. He said “I can't sell a
drink, but I will give you a drink”, and they went inside. There were
lights. With the lights all glaring the men went inside. The money was
taken from the musical box and put in the till. The policemen came in
very properly.. It is for the police to bring him here by summons, and
for the defendant to show that he is not opening his house during
prohibited hours for the express purpose of selling liquors. I put it to
you there is no proof that liquor was sold. The defendant said “I gave
it to them”. I submit that the defendant had a right to give liquors in
the way he did. It is for you to say if the policeman has put a wrong
construction upon the defendant's action, and that he has a right to
come here to show that he has committed no offence against the law, that
he has not wantonly outraged the law. The defendant is a young man,
inexperienced I may say. The Foresters Arms is the first house that he
has had, and I believe it is not many weeks since he was granted a
transfer. I believe he had a high character, that he had testimonials to
show that he was a fit and proper person to carry on and conduct this
house, and I believe that this house before had an exemplary record. The
brewers, Messrs. Isherwood, who own the house, are particular that their
tenants should conduct it in accordance with the term of the law, and
would be the last persons to have a tenant who would imperil their
licence. This young man here (the defendant) may be ignorant of the law,
which is edged round with technicalities. He may have said “If I can
give these men a drink I will do so”. The police come between 11 and 12
o'clock at night and report him for keeping open. It is for you to say
whether he wantonly offended. It is not to be believed that for two
whiskies he would imperil his licence. Shellons Street is not an
out-of-the-way street. It is not a back street entirely. He must have
known that if he offended there would be no doubt about his being found
out. I put it to you that he did not open his place for the sale of
liquor after prohibited hours, and I ask you to say whether you believe
that he gave liquor to the two men who had been referred to as entering
the house. It is for you, looking to the character of the house, and the
way in which it has been previously conducted, and to the owners,
Messrs. Isherwood, to say whether you will cause the licence to be
endorsed. It is in your power to have the licence endorsed, unless you
decide in the defendant's favour, taking into consideration what I have
to say. It is in your power to have the conviction endorsed upon the
licence. Any suggestion from the Bench, Messrs. Isherwood would be
willing to listen to, either with reference to the tenant, or anything
else; but I do ask you that the licence, taking into consideration the
circumstances I have referred to, shall not be endorsed. I can not say
any more now than that the offence is for keeping open, and there is no
evidence that the defendant kept open for the purposes of sale. With
regard to there being two glasses on the counter, they may have been
there to be cleared away. Glasses are not always cleared away at once.
One would almost have thought that the defendant would have drunk with
the two men himself under the circumstances. He has only just got his
licence, and it is hardly likely that he would open his house for the
sale of drink during prohibited hours. Injudicious he may have been. It
is his own fault he has placed himself in the position he has, but
wilfully go against the law I tell you he would not.
Chief Constable Reeve: Will you (the Bench) allow me to say that my
predecessor informs me that the defendant brought with him excellent
testimonials on applying for a licence?
The Chairman said, after consulting his brother Magistrates: This case
is proved satisfactorily to the Bench, and you (the defendant) have
rendered yourself liable to the penalty of £10, and also to endorsement
of the licence. But this being your first offence the Magistrates are of
opinion that, taking into consideration that the house has always been
of good repute, they will make the penalty a fourth of £10, that is
50s., and 9s. costs, £2 19s. altogether, or one month's imprisonment.
Also taking into consideration that this is a first offence, the
Magistrates will not endorse the licence.
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From the Whitstable Times and Herne Bay Herald, 7 April, 1900. Price 1d.
TRADEGY AT FOLKESTONE. DEATH OF A BRIDEGROOM
An inquest was held at the Town Hall, Folkestone, on Thursday, relative
to the death of George William Hanbury, who was married the previous
Monday at Lewisham, and who met his death on Wednesday under peculiar
circumstances. It appears that he visited the “Forester's Arms,”
Shellons Street, and had a dispute with the landlord, Mr. Edgar Dalton,
with respect to payment of some drinks. He threatened the landlord, and
was, it is alleged, forcible ejected by the latter's father, the
ex-police Superintendent of Maidstone. He fell down the steps and
received injuries from which he shortly afterwards died at the Victoria
Hospital. Martha Hanbury, widow, said her husband left her on Wednesday morning
between ten and eleven o'clock. He had not been in the habit of getting
tipsy, and from what she heard he was not in drink at the time he was
injured. Robert William Gillingham, a smith, of 53 St. John's Street, said that
on Wednesday he was in the bar at the “Forester's Arms,” Shellon Street,
about a quarter past six in the afternoon. The deceased came in
afterwards with a plasterer or bricklayer. Deceased had some beer, and
appeared to him had quite enough. He called for a glass of beer for
himself and one for the plasterer. He asked the landlord, Mr. Edgar
Dalton, to have a glass also, at first he refused, saying he was going
to have his tea. He drew the two glasses, and deceased then asked him
again to have a glass, and he had one, the landlord asked the deceased
for the money. Deceased asked him how much he owed, and the landlord
said 6d. Deceased began to feel in his pocket for the money. He did not
pay, but went outside for a few minutes. On his return the landlord
said, “I want 6d, off you, sir.” Deceased said he paid before he went
out. The landlord said he had not taken any money at all, and he came
round to the front of the bar to where the deceased was standing. The
deceased had made no disturbance – he was enjoying himself and talking
about a soldier. The landlord went up to the deceased and said, “I want
sixpence off you sir, please, for those drinks.” Deceased said, “You
will get no 6d, off me.” He had an umbrella in his hand, and, holding it
up, he threatened the landlord with it. The landlord did not threaten
deceased at all. Mr. Dalton, the landlord's father, then came into the
bar. He took hold of deceased, who was close to the door, and they had a
struggle. Dalton was trying to get him outside, the deceased was trying
to free himself. Directly afterwards deceased went rolling out into the
street. Witness ran out of the other door and found the deceased lying
on his back and someone (he believed it was the landlord) was trying to
get him up. The Coroner:- Did you tell my officer this morning that the deceased was
in a fighting attitude and that the landlord took hold of him and threw
him out of the door? Witness:- Not the landlord; the father. The Coroner:- If deceased had gone out face first he would not have hit
the back of his head, would he? Witness:- No. The Coroner:- You can judge from the question I have put to the witness
that he is not telling the same tale as he told my officer. You can very
well judge from his answers that he is not telling the truth. Could he
walk straight? Witness:- he did not walk much in the bar. The Foreman:- Before he was put out he requested to leave the bar by the
landlord or the father? Witness:- No. I never heard him asked to leave. Mrs. Clara Harrison, of 152, Dover Road, said the landlord told her that
morning that the deceased was not the worse for drink. He was merely
excited about the soldiers, and he told him if he did not keep his
temper he should put him out. Thomas Archer, of 30, Pavilion Road, coachman to Dr. Chambers, said he
was walking past the “Forester's Arms” and saw the deceased fall
backwards on to the pavement. His arm hit witness's leg as he fell, and
the back of his head went on to the pavement. His legs were on the
doorstep. He fell from the top step. The landlord and his father came
out of the half-door soon after. The landlord was close to the deceased
on the top step when the man fell. Witness could not see who pushed him.
The landlord's father was behind. Deceased fell just like a man falling
down dead and never moved afterwards. By Mr. Venor (a juror):- The landlord was the first one to come down the
steps, and the landlord picked him up. The Coroner:- That really confirms the statement Gillingham made to my
officer this morning. Now he says it was the landlord's father – for
what reason I don't know. Continuing the Coroner said there were six or
seven persons said to have been in the bar at the time. The inquest
happened so shortly after their information was given to them that as
far as they hadn't been able to find any of them. It appeared to him
that it was a case in which they ought to be found. Looking at what
Gillingham said as to what took place, they would have to consider the
conduct of the landlord's father in putting the man out, if he did put
him out. To his mind it was a serious case, and one that required
inquiry. The jury agreed, and the enquiry was accordingly adjourned. |
Folkestone Chronicle 29 April 1899.
Editorial.
There are too many public houses in Folkestone. There is no denying the
fact. Nor is there any denying that the subsequent competition between
the publicans is demoralising both to themselves and the habitués of the
bars in the town. Publicans have as much right to live as other people
we know. Whether their trade is one which would be better annihilated or
not is a question the whole country alone can decide. We know the
teetotallers, who have been besieging Folkestone lately as relentlessly
as the Goths besieged Rome, have a very decided opinion that the
publican should be placed under the temperance heel. But the fall of
Folkestone is not so near as was the fall of Rome on the occasion
alluded to, and the hand of justice is lifted with a gesture which
proclaims “Not yet. Let us be fair”. Now, we sympathise keenly with the
good intentions of the temperance party, though we would that some men
were able to see that they may possibly themselves be actuated by the
most selfish instincts when labouring to prevent other men having a
privilege they debar themselves, i.e., if privilege it be. In saying
this much we are not backing away from our opening proposition, that
Folkestone has too many public houses. There is such a condition of
things as almost a whole side of one street being occupied by licensed
houses, of which it may be said that rather than being in rivalry they
are leaning against one another for support in the second stage of
dilapidation. Nor do we retract one iota of our contention that the
competition – if you will, rivalry or close association – of so many
publicans is demoralising to themselves. The publican is not a whit less
unfair in his dealing than the rival fishmonger, or the rival
greengrocer, or the rival furniture-on-the-hire system tradesman, who
uses his every allurement to get his neighbour's customers away, and,
once got away, tries to “pluck the goose”. But just now public attention
is more closely drawn to the publican than to any other class of
tradesmen, and, if we read the indications aright, there is a
disposition on the part of the police to weed out as many of the
superfluous publicans as possible. We commend the movement, if it really
has begun, and we believe the publicans who remain, if the weeding is
successful, will benefit considerably. The strife for life among the
publicans has probably led some of them to adopt methods which they may
not find approved in the code of rules supplied to every licence holder
by the Licensed Victuallers' Association. Whether the police, in their
efforts to reduce a public evil and to benefit both publicans and
residents, are adopting a commendable method of securing an eminently
desirable end, is perhaps open to question. They have had a typical case
in hand during last week and this week, in which they did not shine, and
a Magisterial Bench, composed, with one exception, wholly of
teetotallers, has given a decision which, while in the main it must
instil a salutary lesson into the minds of the licensed holders, was
not, we submit, wholly complimentary to the police. One Edgar Dalton, a
young man to whom the Bench had granted a temporary licence for the
Foresters' Arms Hotel – which, by the way, is not in the part of town
infested with clusters of “pubs”, but in a part where, if a house is
needed at all, this one is needed – was brought before the Bench charged
with opening his house after hours. What he did was a thing done, not
only in Folkestone but in most towns in the kingdom, with impunity. He
is a young beginner as a landlord, and has the impression that every
Englishman's house is his own castle. He opened his door to two friends,
admitted them, and entertained them with a glass of whisky each, out of
his own store. His impression, it was proved to him, was a delusion. No
Englishman's house is his own castle, if he happens to be a publican.
Dalton was fined fifty shillings, not for serving drink, not even for
entertaining his friends, but for opening his door after eleven. The
magisterial decision was virtually that the man who holds a licence for
a public house must lock, bolt, and bar his door when the clock strikes
eleven at night, and not open it again until six in the morning. We wish
it to be understood that we are entirely in sympathy with the temperance
party, and ready to support every movement they may make which shows the
slightest chance of annihilating the demon of drunkenness. But this
desirable triumph will never be achieved by unjust laws, unfairness
between man and man, nor by a system of contemptible espionage. We say
contemptible espionage advisedly, as what follows may justify it. Under
cross-examination the constable Burniston, on whose evidence alone the
case was proved, admitted that his conduct was this:- He saw two men
coming up a hill in the direction of the Foresters' Arms. Thereupon he
hid himself in a dark doorway, and watched. But the policeman who hides
himself at midnight might, we venture to think, be proved an accessory
to crime if he fell under the scathing cross-examination of criminal
counsel of the calibre of Mr. G.F. Gill, Mr. Charles Matthews, or Mr.
Horace Avery at the Old Bailey. A constable in sight is no doubt a
preventative of crime, and his presence should be as much for the
confidence of the night wayfarer as the instrument of terror to the
would-be evil-doer. The police are instituted to prevent crime, not
merely to secure convictions and gain promotion, and the only cases in
which conduct such as that mentioned would be justified would be, we
fancy, in circumstances where there was reason to believe there was
continual evasion of the law or an evident plan to work serious evil or
inflict personal injury. Under such circumstances no-one could but
commend the course adopted. In this case, however, it was not so.
Nothing could have been more manly than the action of the Chief
Constable, after hearing this cross-examination, than rising and
informing the Bench, before they gave their decision, that Mr. Dalton
had the highest credentials and came to Folkestone with an unimpeachable
character. The Magistrates, on Wednesday this week, showed their good
sense, and did honour to themselves, as the holders of the seals of
justice, in granting Mr. Dalton a full licence, without any endorsement
recording his having been made a victim to an inadvertency. Constable
Burniston was present at the last parade, when the Mayor, Alderman
Salter, gave the force some good advice. The Mayor said: “The members of
the police force had a great responsibility in the duties they had to
perform, and needed much tact and patience to carry out those duties
judiciously. In many cases they would find difficulties in their path,
and cases upon which it was difficult for them to decide whether they
ought or not to go to the length of bringing a misdemeanant before the
magistrates. In many instances they would find a few kind words would
work wonders, and in the case of persons who were found to have had too
much to drink, with discretion and kindness they might make such an
impression on the memory of the offender, by saving him from the
disgrace of being dragged before the magistrates, as to be the
instrument of future good conduct on his part”. Burniston heard these
remarks. Let us recall them to his memory, and hope he will realise that
the desire of every respectable person to see drunkenness decreased, and
public houses fewer in Folkestone, will be met by following the Mayor's
advice.
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Folkestone Express 29 April 1899.
Saturday, April 22nd: Before J. Hoad, J. Pledge, J. Holden, J. Stainer,
and T.J. Vaughan Esqs., and Col. Westropp.
Patrick Harrington and William Price were summoned for being on licensed
premises – the Foresters' Arms – during prohibited hours.
P.C. Burniston repeated the evidence he gave on Wednesday, when the
landlord was fined for selling liquor during prohibited hours.
The defendants pleaded Guilty, and one of them told a very long story as
to how and why they were there.
They were each fined 5s. and 9s. costs.
Wednesday, April 26th: Before The Mayor, J. Fitness, W. Wightwick, and
C.J. Pursey Esqs., and Col. Hamilton.
Mr. Dalton, who had temporary authority to sell at the Foresters' Arms,
applied for a transfer of the licence.
It will be remembered that last week the applicant was fined for serving
two men during prohibited hours.
Mr. G.W. Haines, who appeared for the applicant, made reference to the
above, and pleaded on behalf of his client that he had offended through
ignorance of the licensing laws, and it would be exceedingly hard to
punish him further by refusing the transfer, which would mean that he
would be absolutely barred from holding a licence in future. He was a
young man of the highest possible character, and the experience he had
had would be a warning to him to be extremely careful not to offend
again. He had witnesses in Court who would speak as to his character,
and the owners of the house, Messrs. Isherwood and Co., were so
convinced of his suitability as a licence holder that one of the
partners had come to give testimony on his behalf.
Mr. Minter, who appeared for Messrs. Isherwood, said he need not say to
the Bench that their houses bore the very highest character, and they
always insisted on their tenants obeying the law, and in the event of
its being broken by an old tenant who they did not think ought to be
forgiven, he had to leave. But in that instance, a member of the firm
was present to give his testimony on behalf of the applicant, because
they felt he had committed an indiscretion from ignorance, and it would
not be right that his future should be damned by the refusal of the
licence. They felt that he was a man who would obey the law in future,
and that the punishment which had been inflicted upon him would have the
effect, as Mr. Haines had said, of making him very careful in the
future, and never to transgress again. Therefore they were willing to
put their property in his hands to conduct the business and run the
risk, feeling sure that he would not endanger their property by
committing any offence which would entail the endorsement of the
licence. The house bore an exceptionally good character, and until last
week there had never been any complaint against it at all.
Superintendent Reeve said he had no objection to offer to the transfer,
having regard to the result of the enquiries he had made as to the
conduct of the house and the testimonials the applicant had produced.
The Chairman said the Bench had given the application the most careful
consideration, and after what had been said as to the applicant's
character, they would not object to the transfer.
The gentleman from the firm of brewers expressed his thanks to the Bench
for the view they had taken of the matter.
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Folkestone Herald 29 April 1899.
Folkestone Police Court.
William Price, Beach Street, and Patrick Harrington, 3 Bouverie Mews,
were charged with being in the Foresters' Arms during prohibited hours.
P.C. Burniston repeated his evidence given last week in the case against
the landlord, when the latter was convicted.
One of the defendants said that on the night in question, Friday, 14th,
he was at work on the Harbour until 20 to 12. Being thirsty and cold, on
passing the Foresters' Arms, he knocked at the door. Hearing the bolt on
the door go, he returned, and being a customer, asked for a drink,
saying he was very cold. The landlord said that was more than he dare
do, serve them with a drink, but “if I would come inside he would give
me some”. Mr. Dalton was doing something to a musical box. He put
coppers in the till and they drank their drinks. Mr. Dalton said “You
can come out of this door”. When they got to the door they could see the
policeman, and stood in the passage. They didn't want any bother. The
policeman went round to the other door.
The other defendant agreed to this statement.
Fined 5s., and 9s. costs.
On Wednesday last Mr. Edgar Dalton applied for the transfer of the
licence of the Foresters' Arms, Shellons Street.
Mr. G.W. Haines, who appeared in support of the application, said
that it would be useless for him to ignore the fact that during the past
week there was a conviction against the present applicant, who held a
temporary licence, for opening his house for the sale of liquor at
prohibited hours. Having regard that it was his first offence, the Bench
inflicted only a mitigated penalty. The brewers, who always wished that
the house should be conducted properly, would accept any suggestion as
to the tenancy. The Bench did not then make any suggestion, but they did
say that having regard to the previous conduct of the house they would
not endorse the licence. Mr. Dalton on that put himself in the hands of
the brewers, with whom he had been previously nine years, from whom he
had an excellent character, and his testimonials were before the Bench
when the temporary authority was granted, being of a very high order. He
asked the Bench to take into consideration these facts, and that the
brewers themselves, from what they knew of him, were perfectly content
that the applicant should come before the Magistrates that day to ask
for a transfer of the licence. The applicant was starting his career in
this business, and the consequences to him would be most serious if they
should refuse his application, because in the business he had elected to
go into, if at any time he applied for a licence the result of their
refusal would stop him obtaining it. He had been fined, although a
mitigated penalty, and he had been punished. He asked the Bench to take
into consideration the evidence they would hear as to the applicant's
testimonials, the evidence of his employers, the brewers, that even they
were quite content to consent to him as a tenant. The applicant had had
a lesson, and he quite appreciated the consequences that would ensue
should he break the laws.
Mr. J. Minter said he had been requested to appear on behalf of Messrs.
Isherwood, the brewers and owners of this house. He perhaps need
scarcely tell the Bench that Messrs. Isherwood had a very high
character. They always insisted upon their tenants obeying the law. In
this case the applicant had committed an indiscretion through ignorance,
and they felt it would be, as far as they were concerned, a pity his
future should be damned by the refusal of a transfer. They felt that
they ought to assist in all cases in seeing that a tenant is a man who
will obey the law. They felt that with the punishment which had been
given to him he would never for the future break that law, and they
thought from their knowledge of his character, which had been so good,
and they had the utmost confidence in him, that he never would
transgress again, and they were willing to put their property in his
hands, running the risk if he did transgress of having the licence
endorsed. They had that confidence, and were willing to run the risk. It
was always their wish to act in accord with the Bench, to whom they were
not in any way seeking to dictate. The applicant was starting in life.
The brewers thought the lesson he had received, knowing what he was, his
principles, his conduct all the years with them, would prevent him ever
offending again, and convert him into a goo law-abiding holder of the
licence. The house bore a very high record.
The Bench granted the application.
|
Folkestone Up To Date 29 April 1899.
Saturday, April 22nd: Before J. Hoad, J. Holden, J. Pledge, T.J.
Vaughan, and J. Stainer Esqs., and Lt. Col Westropp.
William Price, Beach Street, and Patrick Harrington, Bouverie Mews, were
summoned for being on licensed premises during prohibited hours on the
14th inst. Both defendants pleaded Guilty.
Police Constable Burniston gave similar evidence to that against the
landlord, who was brought before the Court a few days previously. About
midnight on Friday, the 14th, Burniston was on duty in Shellons Street,
where the Foresters' Arms is situated, and saw the defendants admitted
into the house, but could not see the defendants in the private bar or
the public bar, but afterwards saw them coming out of a door leading to
Grace Hill.
The defendants, one of whom was spokesman, said in effect that the
landlord's statement that he gave them a drink, and did not sell them
one, was true.
They were each fined 5s. and 9s. costs, in default 14 days'
imprisonment.
Wednesday, April 26th: Before The Mayor, J. Fitness, W. Wightwick, and
C.J. Pursey Esqs., and Lt. Col. Hamilton.
Mr. Haines applied on behalf of Mr. Dalton, the landlord, for the
transfer of the licence of the Foresters' Arms. He said: It would be
useless for me to ignore the fact that there has recently been a
conviction against the applicant for keeping the house open during
prohibited hours. Although the Bench convicted the landlord, having
regard to the fact that his was a first offence, they only inflicted a
mitigated penalty. It is not for me now to go into the whole question,
but may I say that the offence committed arose more from carelessness
and ignorance than from intention to disobey the law. There was
something else which I put to the Bench. It was that the brewers who
held the house had always done their best to conduct it properly and
would be glad to listen to any suggestions from the Bench. They hoped,
therefore, that the licence would not be endorsed. Mr. Dalton himself
put himself unreservedly into the hands of the brewers with whom he had
been for nine years. His testimonials, which were put before the Bench
when the licence was granted, were of a very high order. The brewers
themselves are perfectly content that Mr. Dalton should come before you
today to ask you for a transfer. Mr. Minter has been instructed by
Messrs. Isherwood, who may have something to say as regards the view of
the brewers. There can be no doubt that in the present landlord the
house has a respectable tenant. Mr. Dalton was not a man of mere
mushroom growth. He has put the savings of many years into the
Foresters' Arms. He has started his career at that place, and the
consequences to him will be most serious if you should, as it is in your
own discretion, refuse his application, because if in any town of the
kingdom he shall apply for a licence, the refusal today will at once
stop him from obtaining it. That is most serious. He has been fined
already in a mitigated penalty and punished. When a man has been before
you, even charged with felony, I have seen merciful consideration shown
by the Bench, and I ask you to take into consideration the special
circumstances of the case, and the testimonials of his last employers.
The brewers who hold the premises are prepared to accept him still as
tenant, should you in your discretion grant him his licence. He has had
a lesson. He quite appreciates the serious consequences that must ensue
if he breaks the law, and I think that if you allow him the licence you
will not have a more law abiding licensed victualler on your register. I
put before you the proof of the services of the notice, and also the
testimonials which I believe are here before the Bench.
Mr. J. Minter said: I am here to say a few words on behalf of Messrs.
Isherwood, who are the owners of this house. I think I need hardly
inform the Bench that Messrs. Isherwood's houses are always of the
highest character, and that they insist upon their tenants obeying the
law. But they feel in this case that the applicant has committed an
indiscretion through ignorance, and they think it is a pity that his
future should be damned by the refusal of the transfer. They feel that
they ought to assist on all occasions in seeing that the tenant is a man
who will obey the law, and they do feel that with the punishment that
has been given to him, he will never for the future break that law, and
they think from their knowledge of his character, which has been so
eminently good – and they have the utmost confidence in him – that he
will never transgress again, and they are willing to put the licence of
this property in his hands, knowing the risk they run. They are willing
to come here and give testimony in his favour, without in any way
seeking to dictate to the Bench. They always wish to act in accord with
the Bench, and to submit to any decision which the Bench may arrive at.
But they do feel that this is an exceptional case, this young fellow
having just started in his present business, and to condemn him for the
remainder of his existence would not be just. They feel, as Mr. Haines
has said, that if the Bench refuse to grant the transfer it will
preclude this young man from making an application for a licence with
success in the future. It would be a very hard course to interfere with
his prospects for life for this one offence. They will find a new tenant
if the Bench desire it, but otherwise they are willing that he should
hold the licence. As I understand, the object of the Licensing Law, and
the administration of it by the Bench, is that there should be
respectable and responsible tenants who will obey the law. They say that
the lesson he has received will be of such a character as to convert him
into what the Bench desire, a good law abiding holder of a licence, a
holder who will assist in carrying out the law.
Chief Constable Reeve remarked that he had no personal objection to the
transfer applied for by Mr. Dalton.
The Bench, having taken all that had been said into consideration,
granted the transfer.
|
Folkestone Express 16 September 1899.
Wednesday, September 13th: Before W. Wightwick, C.J. Pursey, W.G.
Herbert, and J. Pledge Esqs., and Lieut. Col. Hamilton.
Mr. Dalton, of the Foresters' Arms, applied for permission to make a
doorway into the garden at the rear of the house. The object was to
afford means of ingress for cycles, &c. The Bench refused to grant the
application.
|
Folkestone Herald 16 September 1899.
Folkestone Police Court.
On Wednesday an application by the landlord of the Foresters' Arms for
permission to make a doorway from Copthall Gardens to admit bicycles and
mailcarts was refused.
|
Folkestone Chronicle 31 March 1900.
Inquest.
On Thursday evening a very serious and fatal occurrence was partly
investigated by the Folkestone Coroner, who opened an inquiry into the
death of George William Hanbury. The deceased, who was a native of
Lewisham, and had only been married on Monday, was spending his
honeymoon at Folkestone. On Wednesday night, it was stated, he had a
dispute with Edgar Dalton, landlord of the Foresters Arms Hotel, as to
the payment for drinks. The landlord's father, who was formerly Chief
constable at Maidstone, interposed, and, it is alleged, threw Hanbury
out of the hotel. The man fell down a flight of steps on to the back of
his head and fractured his skull, dying a few hours later in the
Victoria Hospital. The jury were puzzled as to whether the landlord's
father, not being a licence holder, had the right to touch a customer,
and whether death had resulted from a throw or a fall. The deceased's
widow created a distressing scene.
The jury begged the Coroner to adjourn the case for a week, and to bring
further witnesses before them, as they considered the case to be a very
serious one. The inquiry was accordingly adjourned, it being understood
that the parties immediately concerned, as well as the police, were
desirous of securing legal assistance.
The inquest was opened at the Town Hall by Mr. Coroner Minter.
The first witness was the widow of deceased, who was greatly overcome by
the catastrophe. She said she last saw her husband on Wednesday morning,
between ten and eleven, when he went out. She did not know anything
about his death, only from what she had heard.
The Coroner said that for his own information he would like to hear what
that was.
Witness said she had been told that deceased was not drunk, but excited.
By the Coroner: He was never in the habit of getting intoxicated.
Clara Harrison said: I am the wife of Thomas Harrison, a postman, and
reside at 152, Dover Road. I knew the deceased, who had lodged at my
house with his wife since Monday last.
The jury retired to view the body, the Coroner suggesting that Mrs.
Harrison should accompany them for the purpose of identification, as the
ordeal would be very distressing for the widow. The jury viewed the
body, and also visited the public house and the spot where the accident
occurred.
Mrs. Harrison, continuing her evidence, said: Deceased was an engine
driver, but was out of employment at the time of his death. He was
married on Monday morning at Lewisham.
Robert William Gillingham said: I live at 63, St. John's Street,
Folkestone, and am a smith. I was in the bar of the Foresters' Arms last
evening about 6.15. I went in by the door with the steps, and deceased
came in a few minutes afterwards by the same way with another man,
unknown to me. Deceased had evidently had some beer.
Pressed by the Coroner as to whether deceased was drunk, witness stated
that he appeared to have had quite enough, but the other man, who looked
like a plasterer was “all right”.
Continuing, he said: When they came in, deceased called for a glass of
beer for himself and one for the plasterer. He also asked the landlord
to have one too. Mr. Dalton refused at first, saying he was just going
to have some tea, but the deceased pressed him, and the landlord had a
drink with him. Hanbury and the plasterer drank their beer, and at first
deceased refused to pay. I heard the landlord ask him for the money –
sixpence. Deceased then began to feel in his pockets. He did not pay
then, but went outside and came back in a few minutes by the same door
that he went out by. The landlord again asked for the money, when
deceased said he had paid it before he went out. The landlord replied
that he had not received the money. There was a barmaid in the bar at
the time. The landlord then came round to where deceased was standing.
Up to this time deceased had not created any disturbance, but when the
landlord went up to the deceased and said “I want sixpence off you sir,
please, for the drinks”, Hanbury said “You'll get no sixpence off me”.
He had an umbrella in his hand, and, holding it up, threatened the
landlord. Making as if to strike the landlord, he said “I'll see you
---- before I give you the sixpence”. The landlord did not threaten
deceased. Mr. Dalton's father then came into the bar, where there were
six or seven people at the time. Mr. Dalton senior opened the door by the
steps, and, without saying anything, took hold of deceased by the waist.
There was a struggle against the door, and the deceased went down the
steps. I did not see the landlord do anything. I should say Henry Dalton
(the father) was trying to get deceased outside, and that deceased was
trying to free himself. Directly afterwards he went rolling out of the
door into the street. When I went out he was lying on his back, and
someone was trying to sit him up. I could not swear whether he went out
of the door backwards or not. I saw a lot of blood coming from the back
of his head.
The Coroner pressed the witness very hard to give some of the details
leading up to the episode near the door.
The witness, whose evidence had become very contradictory, sheltered
himself behind the plea that he was not paying much attention, that he
had nothing to do with the occurrence, and was at the other end of the
bar.
Mr. Minter said the witness was not bearing out the statement made that
morning to his (the Coroner's) officer. He asked Gillingham whether he
had been discussing the case with anyone since the previous morning. The
witness admitted that he had been talking to the two Daltons outside the
Court, but said he had not discussed the case.
Chief Constable Reeve put the following question through the Coroner:
Did the deceased go out by himself on the first occasion? The witness
replied that he did.
A juror: Was the deceased asked to leave the premises? – No. I never
heard him requested to leave. Immediately the deceased was going to
strike the landlord, the latter's father came in and took hold of him at
once.
Thomas Archer said: I live at 30, Pavilion Road, and am a coachman to
Dr. Chambers. I was walking by the Foresters' Arms yesterday afternoon
about a quarter past six. As I cam round the corner I saw the deceased
fall backwards on to his head on the pavement, with his legs on the
steps. He fell from the top step. Soon afterwards the landlord and his
father came out of the front door. Deceased never moved after he fell. I
did not see what caused the fall.
By a juror: It was the landlord who picked the deceased up, not Henry
Dalton.
At this stage the Coroner suggested that, in view of the seriousness of
the inquiry, and there being other witnesses of the occurrence, an
adjournment should be made.
The jury concurred, the foreman remarking that the jury were of opinion
that full investigation was necessary.
The witnesses were bound over to appear at the adjourned inquest, which
will take place at the Town Hall on Wednesday next at 3 p.m.
|
Folkestone Express 31 March 1900.
Inquest.
On Wednesday evening a sad fatality happened at the Foresters' Arms in
Shellons Street. It appears that George William Hanbury, who was married
at Lewisham on Monday, and came to Folkestone with his wife to spend the
honeymoon, was in the bar of the Foresters' Arms and was thrust out by
someone. He fell backwards down two or three steps, and his head
striking the pavement his skull was fractured. As he was insensible he
was removed to the Victoria Hospital, where he died during the night. An inquest was held at the Town Hall on Thursday afternoon on the body
of George William Hanbury, whose death occurred on the same day. Martha Hanbury, the widow of the deceased, was the first witness called
to identify the body, but she being much distressed, the Coroner asked
if she was the only person who could identify, and was answered that
Mrs. Harrison could. The Coroner said, for his own satisfaction, he would like to ask one
question: What time did your husband go away yesterday afternoon? Mrs. Hanbury: He went out yesterday morning. When did you last see him? – Between ten and eleven yesterday morning. What time did this happen? Supt. Reeve: About half past six last evening. The Coroner (to the widow): You had not seen him then, and you can't say
what condition he was in? – Only from what I have heard. What was that, for my satisfaction? – He was not the worse for drink,
but very excited. Had he been in the habit of getting tipsy? – No, sir. Clara Harrison, the wife of James Henry Harrison, of 152, Dover Road, a
postman, said she knew the deceased, George William Hanbury, who had
lodged at her house with his wife since Monday. After having identified the body, the witness resumed: The deceased
lived at 45, Pascoe Road, Lewisham. He had been an engine driver, but
was out of employment. He was married on Monday morning at Lewisham. Robert William Gillingham said: I live at 53, St. John's Street, and am
a smith. Yesterday I was in the bar at the Foresters' Arms about a
quarter to six in the afternoon. I entered the door with the steps. The
deceased came in afterwards. I was standing up against the bar, and had
called for a glass of beer. I had been there a few minutes when Hanbury
came in by the same door. A plasterer or bricklayer came in with him,
and they appeared to be together. I don't know the plasterer's name – he
was about 30 or 33 and in working clothes. Deceased was very respectably
dressed. Deceased had had some beer and appeared to me to have had quite
enough. The plasterer was all right. Deceased called for a glass of beer
for himself and one for the plasterer. He asked the landlord, Mr. Edgar
Dalton, to have a glass also. At first he refused, saying he was going
to have his tea. He drew the two glasses, and deceased then asked him
again to have a glass and he had one. The deceased and the plasterer
then drank their beer and the landlord drank his. The plasterer and
deceased stood talking together – the landlord was waiting on other
customers. Then I heard the landlord ask the deceased for the money.
Deceased asked how much he owed and the landlord said “6d.”. Deceased
began to feel in his pocket for the money. He did not pay, but went
outside for a few minutes. I believe the plasterer went out before.
Deceased came back a few minutes afterwards and went to the bar. The
landlord said “I want 6d, off you, sir”. Deceased said he had paid
before he went out. The landlord said he had not taken any money at all.
The landlord was behind the bar and also the barmaid, I believe. I did
not hear any more said. The landlord came round to the front of the bar
to where deceased was standing. The deceased had made no disturbance –
he was enjoying himself and talking about a soldier. The landlord went
up to the deceased and said “I want 6d. off you, sir, please, for those
drinks”. Deceased said “You will get no 6d. off me”. He had an umbrella
in his hand, and holding it up, he threatened the landlord with it, and
said “I'll see you ---- before I give you that 6d.”. The landlord did
not threaten deceased at all. Mr. Dalton, the landlord's father, then
came into the bar. There were six or seven people in the bar. I only
knew them by sight. I have not been here long. I have seen two or three
of them since. One is in Court now. I think they call him “Scotty”. When
Mr. Dalton Sen. came into the bar deceased had still his umbrella up as
if to strike. Mr. Dalton opened the door and took hold of deceased, who
was close to the door. I could not say exactly how Dalton took hold of
him, but I think round the waist, whether with one hand or both I cannot
say. I did not see the landlord do anything. He was standing by. When
Mr. Henry Dalton opened the door he did not say anything to the
deceased. They were all together. The Coroner: Now you told my officer what occurred. If you told the
truth then, tell the truth now. Witness: The deceased and Henry Dalton were struggling together. I did
not hear anything said. I dd not see the landlord do anything. It was
only Henry Dalton and deceased who were struggling together. Dalton was
trying to get him outside and deceased was trying to free himself.
Directly afterwards deceased went rolling out into the street. I could
not say whether he went out backwards or forwards. Dalton was in the
inner side, but I cannot say whether they were face to face. I ran out
of the other door and found the deceased lying on his back, and someone
(I believe it was the landlord) was trying to get him up. I cannot say
whether he went out backwards or forwards. I was not close enough to the
door to see. The Coroner: I put a question to you. Where was the deceased – on his
back or sitting up? – He was sitting on the steps. Didn't you say he was lying on his back? – No. Well, the jury will be able to judge. Now, you recognise my officer, don't you? – Yes. Did you tell him this morning that the deceased was in a fighting
attitude and that the landlord took hold of him and threw him out of the
door? – Not the landlord; the father. Didn't you say it was the landlord? – I have heard since it was the
father. Have you seen them since? – Only outside just now. Is it true that the landlord's father did push this man out? – They were
struggling together against the door and the deceased went out of the
door in an instant. What caused the deceased to go out? – The struggling, I suppose. I understand you to say the landlord's father was trying to get the
deceased out? – Yes. Are you aware the man's head was hurt? – I did not notice. I saw a great
deal of blood about. If he had gone out face first, he would not have hit the back of his
head, would he? – No. The Coroner: You can judge from the question I have put to the witness
that he is not telling the same tale as he told my officer. However, I
have asked him all these questions – is there anything you gentlemen
would like me to put to him? The Foreman: Are there two exits to the bar? The Coroner: There is only that one. There is another door through which
the father came in. You can very well judge from his answers that the
man is not telling the truth. The Foreman: I did not like to say that. The Coroner: I say it. Witness: As I was standing in the bar the man went rolling into the
street. Supt. Reeve: Did the deceased walk out by himself on the first occasion
without assistance? The Coroner (to witness): You say he went out by himself? – Yes, he went
out by himself and came back by himself without any assistance from
anyone. The Coroner: Then there could not have been anything much the matter
with him? – He was talkative. Could he walk straight? – He did not walk much in the bar. But he walked out of the bar and into the bar? – Yes. And down the steps? – No, he went out of the other door. Did he come in the other door? – The same was as he went out. If this man was a stranger in the town, how did he know which way to go?
– I don't know. The urinal, as I understand, was at the other end. How did he know where
to get to it? – I cannot say. Did you hear him ask the way to the urinal? – No. I heard him say he was
going out. The Foreman: Before he was put out was he requested to leave by the
landlord or the father? – No. I never heard him asked to leave. Now, just tell me. Why did the landlord's father come into the bar if
there was nothing going on? – I think he was in the bar, or close by the
bar at the back. Then he would hear what was taking place? – Yes. Mrs. Harrison said: The landlord told me this morning that the deceased
was not the worse for drink. He was only excited about soldiers, and he
told him if he did not keep his temper he should put him out. The Coroner (to witness): Now you heard him talking about soldiers? –
Yes. Why did the father come in and take hold of the man to put him out of
the front door? – I don't know. It was nothing to do with me. But you have your own judgement? – Immediately the father saw him going
to strike the landlord he came in and took hold of him. You said he did not strike? – He aimed at him as if to strike him. Thomas Archer, of 30, Pavilion Road, coachman to Dr. Chambers, said: I
was walking past the Foresters' Arms yesterday afternoon between a
quarter and half past six on the same side as the inn. As I passed the
corner I saw the deceased fall backwards on to the pavement. His arm hit
my leg as he fell, and the back of his head went on to the pavement. His
legs were on the doorstep. He fell from the top step. The landlord and
his father came out of the half-door soon after. The landlord was close
to the deceased on the top step when the man fell. I could not see who
pushed him – I only saw him fall. The landlord's father was behind.
Deceased fell just like a man falling down dead and never moved
afterwards. I did not see Gillingham. I helped to get deceased on to the
step. I did not hear the landlord say how it had happened. I did not
hear a word spoken. By Mr. Venner (a juror): The landlord was the first one to come down the
steps, and the landlord picked him up. The Coroner: That really confirms the statement Gillingham made to my
officer this morning. Now he says it was the landlord's father – for
what reason I don't know. The Coroner at this point said: I don't know what you gentlemen may
think at this stage of the case. There were six or seven persons said to
have been in the bar at the time, and the inquest happens so shortly
after our information was given to us that so far we haven't been able
to find any of them. It appears to me that it is a case in which they
ought to be found. You know, without prejudging it in any way at all,
that there is the fact that this man is dead. The evidence of the last
witness, who is a respectable man, and who has no motive for telling an
untruth, tells you that in passing he saw this man come from the top
step backwards on to the back of his head. The doctor will tell you
presently there is a fracture at the back, and your own common sense
tells you that a man does not do that of his own motion. Looking to what
Gillingham said as to what took place, we shall have to consider the
conduct of the landlord's father putting this man out, if he did put him
out. I think the evidence of some of those people who were there should
if possible be obtained. To my mind it is a serious case, and one that
requires inquiry. If you are of that opinion we had better adjourn the
jury now. The Foreman said the jury were of the same opinion, that it was a most
serious case and required the most strict inquiry, and it would be
advisable to get some of those other witnesses. The Coroner said he would adjourn to any day next week they might
consider most convenient. He could give a certificate for burial. The jury selected Wednesday afternoon next at three o'clock. The inquiry was then adjourned. |
Folkestone Herald 31 March 1900.
Inquest.
On Wednesday evening, about 6.30, a tragic event took place at the
Foresters' Arms Inn, Grace Hill. A man named George Wm. Hanbury, of 45,
Pastoe Road, Lewisham, formerly a railway engine driver but latterly out
of employment, met his death under circumstances of peculiar sadness. He
had only been married on the previous Monday morning at Lewisham, and he
and his wife came down to Folkestone on their wedding trip, putting up
at No. 152, Dover Road, the residence of James Hy. Harrison (postman)
and his wife, Mrs. Clara Harrison. Hanbury went out between 10 and 11 on
Wednesday morning, and she heard nothing of him until the same evening,
when she discovered that he had fallen down the steps leading to the
entrance of the Foresters' Arms, and that he was unconscious from the
injuries he sustained. He was taken to the hospital, but never rallied,
and died on Thursday morning.
The inquest was opened on Thursday last, at 2 p.m., by Mr. Coroner
Minter, in the Magistrates' Room at the Town Hall, and after the body
had been identified by Mrs. Clara Harrison, the evidence then available
was taken. The body of the room, open to the public, was filled by a
number of spectators. Mr. Chief Constable Reeve watched the case on
behalf of the police authorities.
Mrs. Hanbury, the widowed bride, was in attendance, and was led into
Court by the Coroner's Officer (Mr. Edwin Chadwick), supported by Mrs.
Harrison, who kindly assisted the poor woman throughout the terrible
ordeal which she had to undergo, though the learned Coroner did his very
utmost to spare her any further anguish by accepting the evidence of the
identification which Mrs. Harrison was able to give. By this means the
Coroner was able to dispense with the attendance of the widow at the
hospital to view the body.
After the widow had been sworn, the Coroner said: Mrs. Hanbury, I should
like to ask you on this occasion when it was this affair took place?
Witness, sobbing: Last night, sir.
Mrs. Hanbury, I should like to ask you what time did your husband go out
yesterday evening? – He went out in the morning. I last saw him between
10 and 11 yesterday morning.
And at what time did this happen? – About half past six, I hear.
You had not seen him? – No.
You cannot speak as to what condition he was in? – No, sir, only from
what I have heard. I hear that he was a little excited, but not the
worse for drink.
Had he been in the habit of getting tipsy? – No, sir.
The Coroner: We will dispense with this witness, if Mrs. Harrison can
identify the body.
Mrs. Harrison: I can, sir.
Mrs. Harrison was then sworn, and deposed that she knew the deceased,
who lodged at her house, 152, Dover Road. (At this stage the Coroner,
jurors, and Mrs. Harrison drove over to the hospital and viewed the
body. On their return Mrs. Harrison gave formal evidence of
identification).
Robert William Gillingham, smith, living at 53, St. John's Street, was
the next witness called, and he was examined as follows by the learned
Coroner:-
Yesterday you were passing the Foresters' Arms? – Yes, sir.
You were in the bar, were you? – Yes, sir.
At what time? – I should think about a quarter past six in the
afternoon.
Which door did you go in? – The one at the steps.
Was the deceased in there when you went in, or did he come in
afterwards? – He came in afterwards.
Were you sitting down? – No, I was standing up against the bar.
You were having some beer? – Yes, sir, I called for a half of beer.
How long had you been in before the deceased came in? – A few minutes.
How did he come in? By the same door? – Yes, sir.
Was there anyone with him? – Yes, there was a plasterer or bricklayer,
or something of that sort.
Did they come in together? – Yes.
As if they worked together? – Yes.
Do you know the plasterer's name? – No, sir.
Was he a young man or old? – I should say he was 30 or 33, but could not
say.
Was he in his working dress? – No, sir, he was dressed respectably.
How do you make out, then, that he was a plasterer or bricklayer? – That
was the companion, and he was in working clothes.
And from his clothes you judged what he was? – Yes, sir.
Was the deceased sober or not? – He had had some beer.
Was the man tipsy? – He appeared to have had quite enough.
He did? – Yes.
What about the plasterer? – He was all right.
When the came in, what took place? – Deceased called for a glass for
each of them, and the landlord had one as well.
He asked the landlord, Edgar Dalton, to have a glass as well? – Yes, but
Edgar Dalton refused it at first.
Yes? – The landlord refused because he said he was going to have his
tea, but he was enticed, and after being asked again he had one. He drew
himself a glass of stout, or something to that effect.
Yes. What took place then? – The man refused to pay at first.
Yes. Did the plasterer and he drink their beer? – Yes.
What were they doing? – The plasterer and he were talking together.
Did the landlord join in? – No. He was waiting on the other customers.
What did you hear next? – I heard the landlord ask him for the money.
Had the deceased and the plasterer gone out at all? – No, not just then.
The plasterer went out and left the deceased in the bar.
Was that before or after the landlord asked deceased for his money? – I
don't remember that.
Was the plasterer there when this man went somehow or other down the
steps? – No, he had gone home.
What reply did the deceased make when he was asked for the money by the
landlord? – He asked how much he owed.
What did the landlord say? – Sixpence.
Yes. What did the deceased say? – He began to feel in his pocket for the
money. He never said he would not pay.
Yes? – He did not pay, not then, and went outside for a few minutes.
Did he say anything? – No, he did not say anything.
Had the plasterer gone then? – I don't remember, sir. I believe he went
before, but I could not say exactly.
Did he say what he was going outside for when he did go? – For the
convenience, I believe, sir.
Did he say so? When a man walks out of a house owing money, the landlord
would have thought he was going away altogether? – He came back a few
minutes afterwards.
Through the same door? – Yes.
Did he go to the bar? – Yes, sir, and the landlord asked him again for
the money.
What did the landlord say to him? What were his words? – I want 6d. off
you, sir.
Deceased said what? - I will pay you before I go out.
What did the landlord say? – He said he had not taken any money at all,
and the deceased said “I have paid you”.
Yes. Then the landlord came round into the bar to the deceased. Deceased
said “ I have paid you”, and the landlord said “I have never had the
money”? – Yes.
The landlord came round by the door and got into the bar? – Yes.
Where was the deceased standing when you left the house? Near the door?
– About half way. I should think he was between the bar and the door.
Up to this time, when you say the landlord said “I have had no money”,
and he left the bar and came to the front, had deceased created any
disturbance? – No, he simply enjoyed himself talking about the soldiers,
but he was not creating a disturbance, not a great deal, I think.
Now, when the landlord came round, you say he went up to the deceased? –
Yes.
What else did he say to him? – He said “I want 6d. off you, sir, if you
please, for those drinks”.
Yes? – To which the deceased replied “You will get no 6d. off me”.
Yes? – Deceased had an umbrella in his hand and held it up and
threatened the landlord.
In what way? By words or actions? – By the umbrella. He held it up as if
to strike him.
Did he say anything? – I will see you b---- before I give you that 6d.
Was the landlord threatening him at all? – No.
Yes? - On which Mr. Dalton's father came up.
Where did he come from? – From the door by which the young man came out.
He came into the bar, did he? – Yes.
How many people were in the bar at this time? – I should say about six
or seven.
Do you know any of them? – Only by sight.
Do you know where they live? – No, sir.
Have you been here long? – No, sir.
You would know them if you saw them again? – Two or three I know by
sight. One is in Court now, and they call him “Scotty”.
Any others that you saw? – I believe there were two soldiers there.
Have you seen any of the others since? – I have only seen “Scotty”
since.
Well, then, you say that Mr. Henry Dalton came into the bar. When he
came into the bar had deceased then got his umbrella up? – Yes.
What took place? – Henry Dalton opened the front door, the door to the
steps.
I see the front door is in two parts. Did he open only one part or the
two? – Only one part where the steps are.
Yes? – He got hold of the deceased.
How did he get hold of him if deceased was at the bar and Henry Dalton
at the front door? – Deceased was near the door.
He had left the counter, then, and come near the front door? – He was
against the front door.
Did you see how he got hold of him? – He got hold of him somehow.
Where did Henry Dalton take hold of him? You told my officer this
morning. Speak the truth now. – He took hold of him round the waist, I
should think.
He took hold of deceased round the waist. With one hand or both? – I
could not say (after hesitation) whether he held the door with one hand
or not. The door was open.
I know it was, according to what you say. And what did the landlord do?
– I don't think the landlord did anything. He was standing there.
That we know. Did Mr. Henry Dalton say anything? – No.
When he went to open the door, did he say anything to the deceased? –
No.
Do you say that the landlord never pushed the deceased? – They were all
three together. I could not say whether he did or not. I was standing
back a little. There was a struggle against the door, and the deceased
fell outside down the steps.
You will have to answer the question that I am putting to you. If you
told my officer the truth this morning, tell it now. – There was a
struggle between Henry Dalton and the deceased, and the last I saw he
was on the pavement.
You say that Henry Dalton took hold of the deceased. Just now you said
they were all three struggling together? – No, not all three.
It was in answer to my question whether the landlord did anything? – No,
I don't think so.
You said they were all three struggling together? – No, sir, I didn't
say that. I said Henry Dalton and deceased.
Henry Dalton took hold of the man round the waist? – Yes.
And had the door open? – Yes.
I asked you whether he and deceased said anything? - I did not hear
anything.
I asked you did the landlord do anything? – No, sir, I never saw him.
Very well. Now, who were struggling together? – Henry Dalton and
deceased.
What was Henry Dalton trying to do? – I should say he was trying to get
him outside.
What was deceased trying to do? – To free himself.
He was trying to free himself from Henry Dalton? – Yes.
Well? – Well, directly afterwards the deceased went rolling out at the
door.
Backwards or forwards? – I could not say. I could not see out of the
door.
Did you see his body lying there? – I ran out the other door.
Did you find him lying on the floor on his head with one leg on the
steps? – There were more people then, and someone was trying to sit him
up.
Who was that? – I believe it was the landlord.
Now, what do you say? Did he go out backwards or forwards? – I would not
answer that, sir.
Why would not you? – Because I was not close enough to the door to see
it.
You say when you first got out he was on the pavement? – He was sitting
on the steps and the landlord helping him up.
Do you mean to say you did not say he was on his back? I put the
question to you, sir. Now, be careful. I put the question to you. When
you got outside where was the man, on his face or his back, and you said
he was on his back? – I said he was sitting on the steps and the
landlord holding him up.
Did you say or not that the man was on his back when you first saw him?
– No, sir, he was sitting on the steps.
Now, then, just attend. You recognise my officer, don't you, and he saw
you this morning? – Yes, sir.
Did you see him take down what you said? – Yes.
Did you tell him the truth? – Yes, the same as I am telling you now.
You are not telling the same story. I ask you, didn't you tell the
officer that deceased was in a fighting attitude towards the landlord,
and that the landlord took hold of him and threw him out of the door? –
No, sir, not the landlord, but the landlord's father. I did not say
that.
What did you tell the officer, that the father threw deceased out into
the road? – I heard that it was the father.
Have you been speaking to them since? – No, sir.
Have you seen either the landlord or his father at all? – Only outside,
sir.
Have you been speaking to them? – Yes, sir.
About this case? – Yes.
Is it true now that the landlord's father did push this man out? – They
were struggling together against the door, and deceased went out into
the street in an instant.
And the landlord's father did not? – No.
What caused the deceased to go out? – By struggling together, I should
think.
I understand you to say that the landlord's father was trying to get the
deceased out? – Yes.
Are you aware that the man's head was hurt on the back? – I did not
notice, but I saw a great deal of blood on the pavement.
If he had gone on his face first he would not have hit the back of his
head? – No.
Did you see if the deceased, when he went out of the door, fell? – No,
sir, I didn't notice.
You saw him go out? – Yes, sir.
And you won't tell the jury whether he went out face first or backwards?
– I was too far away; I was standing in the far corner.
What for? – I was drinking my beer. I was not interfering with the
affair at all.
I don't suppose you were. Very well. Now, gentlemen, you can judge from
the questions I have been putting this witness is not telling the same
tale as he told to my officer. Is there any question either of you
gentlemen would like to be put?
A juror: Are there two exits to that particular bar? – The Coroner: No.
A juror: The witness said he went out another way. – The Coroner: That
was the door at which the father came in.
Chief Constable: I should like to know if the deceased walked out on the
first occasion and returned without assistance. – The Coroner (to
witness): He went out by himself to relieve nature and came back again
by himself without any assistance, so that there would not be much the
matter with him? – Witness: He was very talkative.
Could he walk straight? – He did not walk about much in the bar. He
walked out at the other door and not down the steps.
Did he come in at the other door? – The same way as he went out.
This man was a stranger in the town, and how did he know where to go?
Did he ask? – He went to the urinal outside.
How did he know where to go to it? – I could not say, sir.
Foreman: I have been asked to put a question, whether, before the
deceased was put out, he was requested by the landlord or his father to
leave? – No, sir, I never heard it.
Coroner: Now, just tell me how did the landlord's father know there was
anything going on? – I should think he was close by the bar at the back
somewhere.
And could hear what was taking place? – I could not say that, sir.
When he came in by that door did he come up immediately to the deceased
and take hold of him? – He was standing back just outside the bar, not
near the steps. Immediately the deceased aimed to strike at the landlord
the father came in at once and went up and took hold of him.
And you say he did not strike at him? – He aimed at him. He held his
umbrella up as if to strike him.
Mrs. Harrison: The landlord told me this morning that the man was far
from being the worse for drink, but he was excited abut soldiers, and
the landlord said “If you don't keep your temper, I shall have to put
you out”.
Thos. Archer's evidence.
What are you and where do you live? – At 30, Pavilion Road, and am
coachman to Dr. Chambers.
Were you passing the Foresters' Arms yesterday afternoon? – Yes, sir,
walking.
About what time? – Between a quarter and half past six.
In what direction were you going? – I was coming from Foord on the same
side as the Foresters' Arms.
What did you see? – When I came to the corner I saw a man fall down the
steps head first on to the path. He fell backwards, on the back of his
head, on to the pavement.
And his legs were where? – On the steps.
And where did he fall from? – From the top step, sir.
And who did you see, up there, on the tops step? – The landlord and his
father came out at the door soon afterwards. The half door was open.
Who was close to him when you saw him falling? – The landlord.
On the top step, was he? – Yes, sir, between the doors.
There would only be room for one man in that half door? – The man was on
the ground then.
You say the landlord was standing in the half door when the man fell? –
Yes, I only saw the man fall on the pavement, that is all. I saw no
pushing.
You say the landlord's father was behind him? – Yes, sir.
Do you mean that the man, in falling from the top step, did not touch
the intermediate steps? – Yes.
In falling, where were his arms? Up or down? – I did not take that
particular notice. He fell like a man falling down dead and he never
moved afterwards.
But you would not say what caused him to come out of the door in that
way? – No, sir.
Did you see the last witness come? – No, sir, I never noticed him at
all.
When the man fell down so close to you what did you do? – I helped to
get him on the step. The landlord took him round the waist and helped to
put him on the step.
Did you hear the landlord say anything about how it happened? – There
was not a word spoken either by the man or the landlord.
No, the man was unconscious, poor fellow. Is there any question that
either of you, gentlemen, would like to ask?
A juror: I should like to know whether he is talking of the landlord or
the landlord's father. – The landlord. It was the landlord who picked
him up. The landlord's father went into the bar for something.
The Coroner: I understand he went for some brandy. That really confirms
the statement that Gillingham made to my officer this morning, though he
has altered it now, for what motive remains to be seen.
Chief Constable: Gillingham says he believed it was the landlord who was
trying to sit him up after he fell, and that is what this witness means.
The Coroner: I don't know what you gentlemen think at this stage. Six or
seven persons were said to be in the bar at the time this happened, but
information has come so recently that we have not been able to find
them. It appears to me that this is a case in which they ought to be
found. Without prejudging it in any way at all, there is the fact that
this is a case where they ought to be found. Without prejudging it in
any way at all, there is the fact that this man is dead, and there is
the evidence of the last witness, who is a respectable man, that in
passing he said he saw this man coming from the top step backwards and
fall on the back of his head. The doctor will tell you presently that
the deceased sustained a fracture at the back of the head, and our
common sense tells us that a man does not do that of his own motion, and
looking to what Gillingham says, it is a very grave question of the
landlord's father, in putting this man out, if he did put him out, and
the evidence of some of those who were there should, if possible, be
obtained. To my mind, it is a serious case, and one that requires
inquiry, and if you are of that opinion we had better adjourn the case
now.
The Foreman: The jury are of the same opinion, sir, that the case
requires the strictest inquiry, and that it is desirable, if possible,
to get some of those other witnesses.
The Coroner: I can give the certificate for the burial today, and we can
adjourn to some day next week which will be convenient to you all.
Adjourned to Wednesday next at 3 p.m. The witnesses, including the
landlord and his father, were bound over in £40 to appear at the
adjourned hearing.
|
Folkestone Chronicle 7 April 1900.
Inquest.
At the Town Hall, Folkestone, on Wednesday afternoon, the Borough
Coroner (Mr. J. Minter) resumed the enquiry into the death of Wm. Geo.
Hanbury, of Lewisham, which took place as the result of a fall outside
the Foresters' Arms, Folkestone, last week. The deceased, it may be
remembered, went to Folkestone on his honeymoon on March 26th. On the
eveniong of the following Wednesday he was in the Foresters' Arms, where
a difference arose between him and the landlord (Mr. Edgar Dalton) as to
the payment for some drinks he had ordered. According to a witness, the
deceased assumed a threatening attitude towards the landlord, when the
latter's father, Mr. Henry Dalton, came into the bar and caught hold of
him. The next thing that happened was that the deceased fell backwards
down some steps at the entrance of the house, and sustained injuries
from which he died at the Victoria Hospital the next morning. At the
opening of the inquest the principal witness was a man named Gillingham,
and his evidence not being considered conclusive, the Court demanded an
exhaustive enquiry.
The adjourned enquiry opened at three o'clock, and the verdict was not
given until 10 p.m. Great interest was taken in the matter, and feeling
had run rather high during the previous few days. The Court was packed,
and a crowd outside anxiously awaited the verdict, though the result,
when it did come, was received without any demonstration.
Mr. Hall, solicitor, appeared to represent Mrs. Hanbury, and Mr. Haines
was present in the interest of the Daltons, father and son.
The evidence previously given having been read over and confirmed, the
Coroner produced a plan of the bar, and Gillingham pointed out the
relative positions of the parties present, without, however, adding any
material information.
Thos. Salmon, 14, Radnor Street, out-porter, was a new witness. Examined
by the Coroner, he said: I was in the Foresters' Arms on Wednesday 28th
between 6 and 7. I went up the steps by the front door to the public
bar. There were two or three persons present, and the landlord and the
deceased were arguing about “three twopennyworths”. The landlord said he
wanted 6d., and the man said he had paid. Deceased, who was standing
close to the division door, asked for another glass, but the landlord
refused, and said “Pay for what you have had”. Deceased said “No, I've
paid somebody”. The landlord asked him who he paid, and called the
barmaid in. She denied that the deceased had paid her. The landlord then
came round to the front of the bar. I was standing close against the
door, about two feet from the counter. Deceased was close to me on the
right. I had my back to the door, so had he. When the landlord came up
to deceased and asked him when he was going to pay, the latter became
very excited and raised his umbrella, as if to smash all the glasses on
the counter, not, in my opinion, to strike the landlord then. I moved my
glass in consequence. Then deceased held his umbrella like a bayonet, as
if to strike the landlord. The landlord went back into the private bar
and brought out the man whom I now identify as Henry Dalton. When they
came in deceased was standing close against me. Edgar Dalton again asked
him if he were going to pay, and he replied “No”. Henry Dalton thereupon
opened the door with his right hand, and pushed deceased out with the
other. I saw the man fall, and heard a thud. I went out by the side door
and saw the landlord with the deceased, who was about two feet from the
door where he was pushed out. He had no time to struggle; it was done in
an instant. The landlord did not do anything, nor did he say anything
before his father pushed the deceased out. Henry Dalton pushed deceased
somewhere in the chest. I have not the slightest doubt that Henry Dalton
pushed the deceased out of the door. The landlord went out first and
picked deceased up. I went out of the other side door, and saw deceased
on the steps, being assisted by the two Daltons. Deceased was standing
quite quiet when Henry Dalton came in, and did nothing except to say
“No, I do not mean to pay”. He had no time to use threats; the door was
opened, and out he went. I can give no reason for his being put out,
except his not paying. In my opinion he was not really drunk, though he
had had quite enough.
By Mr. Hall: When I first went in the landlord and deceased were
arguing. The argument was a rational one, “a little bit high in the
voice”, but no bad language was used. The landlord told deceased he had
had quite enough, and he would not let him have another glass until he
had paid for what he had already. Henry Dalton did not ask the deceased
to leave, but opened the door and pushed him out. Though his umbrella
was raised he had not struck anybody.
By Mr. Haines: I do not suggest that the way deceased used the umbrella
is the usual form of argument. The deceased went out with one push. He
was standing within two feet of the door, and I saw him go straight out
of the door. No other part of his body touched anything until his head
struck the flags. I know the Foresters' Arms very well. I consider the
steps the most dangerous in Folkestone whether a man has had a drink or
not.
John Jones, 24, Dover Roar, a draper's assistant at Mr. Shaw's, said he
was also at the Foresters' Arms about 6.30 last Wednesday evening, and
when he went in he saw the deceased talking to Mr. Dalton, the landlord.
He did not know what they were talking about, and picked up a paper to
read. Then he saw the deceased lift his umbrella, as if to strike Mr.
Dalton. Deceased then changed his umbrella into his left hand, and got
up his fist to strike the landlord, but did not strike. Mr. Dalton
senior next came round to the man, and took hold of him round the waist.
They struggled, Henry Dalton took Hanbury to the door, and then seemed
to release his hold. He (witness) did not see any more, being at the
back of the door. After the man was put out Henry Dalton came back.
By the Coroner: I told your officer on Monday that I saw Dalton put
deceased out.
The Coroner: Have you had any conversation with either of the Daltons
since this affair? – Yes.
With whom? – With Edgar Dalton. I told him I saw the occurrence.
By Mr. Hall: I am in the habit of going into the Foresters' Arms about
once a day. The conversation did not seem excited. I could not swear
that deceased really offered to strike Henry Dalton either with the
umbrella or his fist. I should think the struggle lasted two minutes.
No-one interfered. I did not hear deceased make any observation.
Mr. Hall here severely questioned the witness, and told him he was
telling untruths, palpable to the whole Court.
Continuing, witness said: Deceased tried to release himself from Mr.
Dalton. It was simply a struggle from the point I mentioned to the door.
I could not say who opened the door. I was not interested in the
struggle. When Dalton got his arm round deceased's waist he pushed him
to the door. I am sure I saw the occurrence. The deceased fell out face
first. I did not see the fall, but I think he fell out that way. After
the occurrence I went back to the house about nine o'clock. They were
talking about the occurrence. I did not mention it then, as I did not
wish to appear. Mr. Edgar Dalton sent for me on Saturday morning and
said “Don't favour me or the man, but speak the truth”.
The Coroner: It's a pity you did not take his advice.
By Mr. Haines: I did not notice whether the door was open before the
struggle commenced. Henry Dalton put both arms round the deceased. There
were seven or eight people in the bar. They made no comments regarding
the struggle. They all sat still, and no-one suggested that deceased was
being handled roughly.
Ethel Caroline Smith, barmaid at the Foresters' Arms, said: I was behind
the bar, serving, on the Wednesday in question. I was asked by Mr.
Dalton whether the deceased had paid for his beer, and I replied “No”. I
heard the matter being argued between the deceased and Mr. Dalton. I
then went to attend to the private bar, and did not see anything of the
occurrence.
William Brisley deposed: I live at 5, Bradstone Road, and am a
bricklayer. On Wednesday last I went to the Foresters' Arms with the
deceased, who called for a pint of ale for me and a glass of ale for
himself, while the landlord had a glass of stout. The landlord refused
at first, as he was just going to have his tea. I stood a few minutes
talking, and then bade him good-day. I hear the landlord ask for 6d.,
and looking round to deceased I said “That is quite right”, and the
money was placed on the counter. In my opinion deceased was just a
little lively, but I do not say he was drunk.
By Mr. Hall: Deceased was well behaved while I remained there.
By Mr. Haines: The money was passed to the landlord, but I did not see
him pick it up, my attention being called to a soldier who came into the
bar. The money put down was in copper, but I could not say the amount.
Wm. Stokes, 69, Black Bull Road, tailor, who was also at the house at
the time, was called, but as he said that, anticipating a row, he got
out of the way, and did not actually see the occurrence, his evidence
was relatively unimportant.
Henry Dalton was next called forward.
The Coroner cautioned him, and said he had a perfect right to decline to
give evidence in view of what had been stated.
Dalton decided, however, after consultation with his solicitor, to be
sworn. He said: I am a retired Superintendent of police. I was in the
force nearly 26 years. I live at Maidstone but at present am staying at
the Foresters' Arms. I was there on Wednesday, 28th March. Just after 6
in the evening I was in the private bar with several of the Maidstone
football team. I heard some noise in the public bar, and my son came to
me and said “Dad, I wish you would come round. I think I have got some
trouble”. I went through to the public bar just afterwards, and heard my
son say something about sending for the police. At the same time
deceased got his umbrella up in his hand in a striking attitude. I went
to the front door and opened the left-hand half door for the purpose of
going out to get a policeman. Just as I did that, deceased changed the
umbrella from his right to his left hand, and, with fist clenched, was
in the act of striking my son. As soon as I saw him doing that I slipped
in between them, and caught deceased round the arms just below the
elbow, turning him round away from my son. When I did so his back was
toward the open door. I let go of him, he took a step back, and fell out
of the door backwards. My son and I went out immediately and picked him
up. I got a pail of water and bathed his head, then got a conveyance and
took him to the hospital. I did not speak to him when I went into the
public bar. I did not know he had refused to pay the sixpence. I
expected the trouble in the bar from the noise the man was making. He
was shouting about some soldiers, and got very excited. All I heard was
the loud talking. It is not true that there was a struggle. I had no
intention of putting the man out. When I let go of him he would have
been perfectly safe if he had stood still. It was in stepping back from
me that he missed the step and fell out the door. I should not think the
struggle lasted half a minute.
By Mr. Hall: When my son came to me he did not mention anything about
the dispute, not could I hear what the man was saying. The witness who
stated that I asked the man to pay is wrong. It is false. I do not
suggest that the man raised his fist or umbrella more than once to my
son. I seriously tell the jury that I did not open the door to put
deceased out. The deceased resisted and I swung him round to my right.
It did not occur to me the extreme danger of putting the man near the
door. When I let go of him he was a good six inches inside the door
sill, when he stepped back and fell. He would be stepping back to get
away from me.
By Mr. Haines: If it had been my intention of putting the man out, I
should have certainly opened both doors.
By a juror: There was no possibility of my preventing him falling – he
was gone so quickly. There are two other doors by which he could have
been put out.
Edgar Dalton, who was also cautioned and elected to give evidence,
deposed: I am the landlord of the Foresters' Arms, and was behind the
public bar on Wednesday, 28th, between the hours of six and seven. I
supplied the deceased and a friend with some beer, and on the deceased's
invitation I had a glass myself. The price together was sixpence, which
deceased did not pay. He left the bar to go outside, and when he came
back I asked him for the money. Before he went out he tendered me
threepence halfpenny. When he came back I again asked him for the money,
when he used bad language. He then got into conversation with two or
three old soldiers, got very excited and used more bad language. I
called him on one side and asked him to desist. He still continued,
however, and talked very excitedly. I went to the private bar, where my
father was, and said to him “Will you come round. I'm afraid I have got
some trouble”. I then opened the little bar door, went into the public
bar, and, going up to deceased, said “What are you going to do about
that sixpence?” He said “You'll get no ---- sixpence off me, you little
----“. With that he up with his umbrella in a position which led me to
think he was going to thrust me with it. I again spoke about his
language, and said I should fetch a policeman. He replied “Where is the
---- policeman”. At the same time he released his umbrella, and raised
his right fist clenched. The next I saw was father come round from the
front door, catch hold of the man and swing him round. The only thing I
saw after that was the man's left hand on the right hand side of the
door as he fell backwards. I went out immediately, and the deceased was
lying on the pavement on his back opposite the left hand door. I could
not say what caused him to fall out. I went out immediately.
By Mr. Hall: When the deceased came in he was quite orderly and well
behaved. He only had one glass at my place, and only drank a third of
that. I should not think he was drunk. He did not get excited about the
sixpence; it was the discussion with the soldiers. I heard the
out-porter's evidence, and what he said about smashing the glasses, but
as far as I remember the deceased only raised his umbrella once. The
witness who said there was a struggle for two minutes is wrong. The
other witness who said my father pushed the deceased out is also
incorrect. I say that deceased fell out.
Dr. Foxbury, house surgeon at the Victoria Hospital, said the deceased
was brought to the hospital at 20 minutes to seven. He was unconscious,
and continued so. He died at seven o'clock the next morning (Thursday)
from fracture of the skull. On examining him in the accident ward just
after admission, witness found a contused star-shaped wound on the left
side and back of the scalp, such as would be caused by the fall
described. He had made a post mortem examination, and the cause of death
was haemorrhage on the brain, caused by rupture of a vein following
fracture.
Mr. Haines briefly addressed the jury on behalf of the two Daltons, and
asked them to find that the death was the result of an accident. The
accident, he said, was a lamentable one, and no-one was more sorry than
the Daltons.
The Coroner said the jury would have to be guided by the evidence only,
in spite of its discrepancies, which were only natural in an inquiry
like that, as it was not likely that all the witnesses would be of the
same opinion as to what they saw. The Coroner next went into the legal
aspect of the case at great length, after which he re-read the evidence,
except that of the youth John Jones, which the jury intimated they did
not believe.
At 9.30 the jury retired to consider their verdict, the Coroner leaving
them the following points:-
1. Did deceased fall without being actually pushed by anyone?
2. Did either of the Daltons push the deceased out of the door; if so,
which; and was that degree of caution used that would be necessary to
prevent accident arising from this mode of ejection?
3. Was the deceased drunk, violent, quarrelsome, or disorderly?
At ten minutes to ten the jury returned into Court, when the foreman
said their verdict was unanimous that deceased died from an accidental
fall. They wished to express their deep sympathy with the widow, and
recommended that the steps at this public house be immediately altered.
They would also like to have the witness Jones cautioned, as they did
not believe a word of his evidence.
Jones was called forward and severely censured by the Coroner, who said
he did not know whether he was not neglecting his duty by not committing
him for trial on the charge of perjury. He could go now, and think
himself lucky.
|
Folkestone Express 7 April 1900.
Inquest.
The adjourned inquest on the body of George William Hanbury, aged 37, of
Lewisham, who died in the Victoria Hospital from the effects of a fall
outside the Foresters' Arms in Shellons Street, on Wednesday, March
28th, was resumed before the Coroner (Mr. J. Minter) on Wednesday.
The enquiry was held in the Council Chamber, and lasted from three
o'clock in the afternoon till ten in the evening. The widow, who
appeared to fell her position keenly, occupied a side table.
Mr. F. Hall watched the proceedings on behalf of the widow, while Mr. H.
Dalton and Mr. E. Dalton were represented by Mr. G.W. Haines (the
solicitor to the local Licensed Victuallers' Association).
The evidence given at the former hearing was read over.
A plan of the bar was produced, and the witness Gillingham pointed out
to th Coroner where the deceased was when Henry Dalton caught hold of
him. He was standing on the left hand side going out of the door.
Witness indicated with a pen the exact spot, which was close inside the
door. The door was in two pieces, and he believed that piece of the door
which went back to where deceased was standing was that which Henry
Dalton opened. Henry Dalton was standing close to the door, and the
deceased was standing with his face to him. The landlord (Edgar Dalton)
was standing between his father and deceased.
The Coroner: I can't exactly understand the position in which you have
placed them. If Henry Dalton took hold of the door to pull it open and
at the same time put his arm round deceased's waist, how could the
landlord have stood between the two? – Deceased was standing more
towards the window than the landlord. They were all three together, sir.
Which door did the landlord's father come from? – The same as the
landlord. (Witness indicated the door on the plan).
Are you sure the father did not come through the other door? – Yes, he
came through this one. I was standing close to the door through which he
came. I cannot say whether the landlord had his face or back to me.
What were the three doing there? – Only having a little conversation. I
only heard the landlord asking for his money. He was asking for
sixpence.
What were they doing? – Nothing else, sir.
What did the landlord do? – I never saw him do anything at all.
In answer to Mr. Wheatley (a juror), witness said he perfectly
understood the plan.
By Mr. Haines: The door could be opened without touching deceased.
Do I understand that when he used his hands to take hold of the door he
also had hold of the door? – Yes.
A juror: If the landlord's father opened the door, how did he take hold
of the deceased?
Mr. Haines: The witness states that he opened the door and got hold of
the deceased at the same time. Then I take it the door was opened first?
– Yes.
And at the time Henry Dalton came forward deceased was in a striking
attitude? – Yes.
When Henry Dalton came forward it was the act of a second? – Yes.
Thomas Salmon, living at 14, Radnor Street, said: I am an out-porter in
Castle Hill Avenue. I was in the Foresters' Arms on Wednesday, March
28th, between six and seven. I know the landlord. I did not know the
father then. When I went in I went into the public bar by the front door
up the steps. I saw two or three men that I see here. The landlord was
behind the bar and in the restaurant side. I heard the landlord and the
deceased arguing about three twopennyworths. I do not know of what. The
landlord said he wanted sixpence, and the man said “No, he wouldn't pay
– he had paid”. The landlord came into the bar where I was standing and
the deceased came into the side where I was standing. Deceased had been
standing close to the division door. He asked for another glass, and the
landlord said “No, you have had quite enough – pay for what you've had”.
He said he had paid somebody. The landlord asked him who he paid, and
called the barmaid in and asked her if deceased had paid her. She said
“No”. Then the landlord came to the front of the bar where I was
standing. I was standing nearly opposite the door, about two feet from
the counter. Deceased was standing close to me on my right hand side. I
had my back to the door when the landlord came there, and he went up to
the deceased. He asked him if he was going to pay. Deceased replied
“No”, and turned very excitable and raised his umbrella as if to smash
all the glasses on the counter. I went and took my pint up. He did not
do anything then, but took his umbrella as if to strike the landlord.
The landlord went back to the private bar and brought out a man (whom
witness identified as the landlord's father, Mr. H. Dalton). When they
came in deceased was standing close against me. The elder of the two
asked him again if he was going to pay, and deceased replied “No”. The
elder Dalton opened the door with one hand and pushed deceased out with
the other. I saw the man fall and I heard a thud. I went out the side
door.
How far was deceased from the door when Henry Dalton seized him? – Not
very far - about two feet; I don't think it could be more.
Did Henry Dalton seize him at all? – No, sir.
Did the man struggle to prevent being turned out? – He had no time; it
was done in an instant.
Where was the landlord standing? – He merely came out and stood close
behind his father. He did nothing.
Did he say anything before his father pushed deceased out? – No.
Where did Henry Dalton push the deceased? – Somehow like this (putting
his hand to his chest just below the neck).
Which hand did Henry Dalton open the door with? – I should say the right
hand, and pushed him out with the left.
Which part of the door did he open? – The part on the right hand side as
you go up the steps. (Witness here indicated by his actions how the
fatality occurred)
Have you any doubt that he did push him out? – Not the slightest.
Whichever hand it was, you are certain that Henry Dalton pushed deceased
out of the door and he fell backwards? – Yes.
When he pushed him out and he fell backwards, what did the landlord do?
– Went out and picked him up. When I got outside they were both washing
the blood off. The landlord went out first.
Now attend to me. When Henry Dalton came up and asked him whether he was
going to pay, in what position was the umbrella? – He had it more by his
side.
Was deceased doing anything at all when Henry Dalton came in and asked
him whether he was going to pay? – He was doing nothing that I am aware
of. It was done in half a minute.
When he said he would not pay, did he use any threat towards Henry
Dalton? – He had no time.
Do I understand you that immediately he refused to pay Henry Dalton
opened the door and pushed him out? – Yes, out he went.
Can you tell me why they put him out? Was it because he wouldn't pay? –
I expect it was. He became excitable and would not pay.
You can give no reason for his being pushed out, except that he did not
pay? – No.
In your opinion was deceased drunk or sober? – He was not what you would
call really drunk, but still he had had quite enough.
Mr. Hall: When you first went in there you saw the landlord and the
deceased arguing about three twopennyworths. The landlord said he wanted
sixpence, and the deceased said he had paid? – Yes.
They were arguing in a quiet, rational sort of way – there was no bad
language? – It was a rational argument, but a little bit high in the
voice.
Deceased knew perfectly what he was talking about? – He said he had
paid.
Deceased wanted another glass of beer, and the landlord said to him “You
have had quite enough, and I shall not give you any more until you have
paid for what you've had”? – Yes.
Now be careful. You said you thought he was going to smash all the
glasses? – He raised his umbrella to do it.
Did he touch a glass at all? – Not one.
Did he say he would smash the glasses? – He did not say so. He raised
his umbrella as if he was going to, and put it down. He did not strike
the landlord.
Upon that Mr. Henry Dalton was brought in? – Yes. I did not see Mr.
Henry Dalton before that particular evening.
Do you know where he had been? – I did not even know he was there.
Henry Dalton came into the bar where you were standing and asked the
deceased to leave? – He asked him if he would pay the sixpence.
And he said “No”? – Yes.
Did he ask deceased to leave, or did he simply open the door and push
him out? – He opened the door and pushed him out.
Mr. Haines: You don't suggest that the way deceased was using his
umbrella was the usual form of argument?
The Coroner: That all depends whether he was an Englishman or a
Frenchman.
Mr. Haines: With regard to the opening of the door. You say that it was
all done in a second, the opening of the door and the pushing? – Yes.
Therefore, one push did it? – Yes.
Now, the deceased was no lightweight, was he? – He was a big, fine,
smart man.
You stated he was standing two feet inside the door? – As far as I could
see.
And you saw him go through the door? – Yes.
And it was done by a push? – Yes.
By Mr. Haines: His feet were lifted off the floor, and he touched
nothing. When he was pushed it took his legs clear right over the door,
and not a part of his body touched anything. There was nothing to
obstruct my view. I saw the whole thing. It would be untrue if a witness
said that Henry Dalton put his arms round his waist.
The Coroner: That witness qualified his statement today about Henry
Dalton putting his arms round his waist.
By Mr. Haines: I know the house very well. I regard those steps as the
most dangerous in Folkestone for any man that has had a drop of drink.
There are two other doors in Shellons Street. I could enter the front
door without turning sideways to get in. Henry Dalton's hand was not on
the door when the man went out. When deceased was pushed he cleared the
entrance to the doorway and went right out.
John Jones, living at 24, Dover Road, said: I am a junior in the drapery
at Mr. Shaw's. I was in the Foresters' Arms on Wednesday last. I went in
about half past six for a glass of ale. I went in through the front door
up the steps. When I went in I saw deceased talking to Mr. Dalton (the
landlord). I do not know what they were saying. I was standing on the
Foord Road side. Mr. Dalton and deceased were in the middle. I picked up
a paper, and after I had read a minute and had drunk a little of the
ale, I saw the deceased take up his umbrella as if to strike Mr. Dalton.
He then changed the umbrella to his left hand and put his fist up to
strike. I did not see him do anything; he did not strike him. I did not
see Mr. Edgar Dalton do anything. I did not notice him go out, as I was
reading the paper. Then I saw Mr. Dalton senior come round to the man,
but I did not hear what he said to him. He took hold of the deceased
round the waist and they struggled. Mr. Henry Dalton took him to the
door.
The Coroner: Well? – Witness hesitated.
The Coroner: What are you hesitating about? Why don't you tell your
tale?
Witness: When he got him to the door he seemed to release his hold. I
did not notice any more.
What became of the deceased? – I don't know; I could not see. I was at
the back of the door when that happened.
When what happened? – When the man went out. (Laughter)
The Coroner: If I hear any such noise again in the Court I will have it
cleared. We have got quite enough trouble with this witness.
After he had put him out? – I saw Mr. Henry Dalton come back.
Then you saw him put him out? – I saw him put him to the door.
Did you see my officer yesterday? – On Monday, sir.
Did you not tell him that you saw Mr. Henry Dalton push deceased out? –
No. I told him I saw him take him to the door.
Did you tell my officer that you saw him put him out? – I saw him put
him to the door.
Have you had any conversation with Edgar or Henry Dalton since this
matter happened? – Yes, sir.
With which one? – Mr. Edgar Dalton.
Did he come to you or you go to him? – I went to the Foresters' Arms on
Friday evening.
You went there to him? – Yes, I went into the Foresters' Arms on Friday
evening for a glass of ale.
Did you tell Mr. Dalton you knew all about the case? – No, sir.
What did you tell him? – That I was in the bar at the time.
Then you saw it all? – I told him that I saw the man was not thrown
down.
Do I understand that Henry Dalton put him to the door and left him on
the floor of the room? – That I could not say.
Because you were behind the door. Then how could you tell Mr. Dalton
that you knew? – I don't think he was put to the floor.
That is all you saw? – Yes.
By Mr. Hall: I am in the habit of going into the Foresters' Arms
frequently. I am not exactly a friend of the landlord's, but a customer.
I go there about once a day. When I went in the landlord and the
deceased were talking together. I did not hear what they were talking
about. There was nothing particular in their conversation to excite my
attention. I did not notice that it was an excited or heated
conversation. There was nothing out of the way. I was standing up
against the bar reading a paper. I saw the deceased lift his umbrella
up. I did not see him strike Dalton. I saw deceased clench his fist. I
did not notice if he moved closer to Dalton when he did so. I did not
notice Henry Dalton come out of the private bar. I did not take
sufficient interest in the case to notice. I have been outside the Court
during this inquiry. I heard some of the previous witness's evidence. I
heard him say that Henry Dalton come in and asked deceased if he was
going to pay and pushed him out in less than a minute.
Mr. Hall: Now you tell the Coroner and the jury that there was a
struggle? – Yes. The struggle lasted about two minutes. I was right back
at the end of the bar.
Mr. Hall: Do you swear that these people were struggling for two
minutes? – So far as I could see.
The Coroner: The door was wide open – there was nothing to prevent you
seeing.
Mr. Hall: You say the landlord did not interfere? – I did not see him. I
did not hear deceased make any observation. Nor did I hear Mr. Henry
Dalton make any observation during the struggle.
Will you swear that any struggle took place at all? – Yes, sir. I saw
it.
I put it to you that Henry Dalton opened the door with one hand and
pushed the deceased out. – I don't know. I did not see him open the door
at all.
Don't say that. This is a serious matter. You have told too many
stories. I put it to you that Henry Dalton opened the door with one hand
and put the other hand on deceased and pushed him out. – No, sir.
Witness indicated on the plan where the struggle commenced about two
feet from the counter and said it went on till the door was reached.
By Mr. Hall: Deceased was trying to release himself from Mr. Dalton.
They simply struggled to the door – they did not go round and round. I
do not know who opened the door.
Try and think. Now from your position you saw everything which happened
up to this point. Now, who opened the door? – I could not say.
You won't say? – I don't know who opened the door.
Did deceased open the door? – I don't know who opened the door at all. I
wasn't at all interested in the struggle. I had put my paper down and
was watching it during the whole time. I saw Henry Dalton push deceased
to the door. He had one of his arms round deceased's waist and pushed
him to the door. Henry Dalton was behind him. Deceased had got his face
to the door as far as I could see.
You saw the whole thing? – Witness (after hesitation): Yes.
You don't seem very certain about that. Are you sure you were not
reading the paper? – I had put the paper down on the counter.
Now, you told the Coroner that when Henry Dalton got deceased to the
door he seemed to release his hold on him. Is that true? – Yes.
You hesitate, you know. Is it true? – Yes, it is.
Then the struggle ceased? – Yes.
How did deceased go out of the door? – I think he fell out.
On his face or back? – He fell out with his face towards the Public
Library.
Now you say you think he fell out? – Because I did not see his face.
Who opened the door? – I do not know.
Perhaps you will think. Who opened the door? – I don't know who opened
the door.
Did Mr. Dalton send for you? – Yes, sir. He did.
The Coroner: You told me that he didn't.
Mr. Hall: Now, Mr. Dalton sent for you. When was that? – On Saturday
morning.
The Coroner: Which Mr. Dalton? – Mr. Edgar Dalton, the landlord.
Mr. Hall: Of course you went? – Yes, sir.
That would be last Saturday? – Yes, sir.
Did Mr. Edgar Dalton say what he wanted to see you for? – Yes, sir.
About this? – Yes.
Did he ask you to help him? – No, sir.
What did he say? – He said “Don't favour me or the man. Speak the
truth”.
The Coroner (sarcastically): You have taken his advice and spoken the
truth.
Mr. Hall: When he told you to speak the truth, what did you say? – I
said I should tell what I saw.
Did you say what you did see? – I told him I saw that the man was not
thrown out of the door.
By Mr. Haines: There were seven or eight people in the bar. I did not
hear them make any comment nor did anyone come up to assist. Everyone
sat tight.
The Coroner: Let me caution you as to your answer. You have pointed out
on the plan where you were, and it is very evident the half-door was
open. We can see for ourselves that there was nothing to obstruct your
view at all. Do you say deceased fell out or not? – No, sir, I do not.
Ethel Caroline Smith said: I am a barmaid at the Foresters' Arms, in the
service of Mr. Edgar Dalton. I was behind the public bar serving on
Wednesday, March 28th. I was called in by Mr. Dalton, who asked me if
deceased had paid me for the beer. I replied “No”. I heard the matter
being argued between the deceased and Mr. Dalton. I did not hear how
they settled the affair because I went to attend to some customers in
the private bar.
The Coroner: I think you saw the whole of it. – Oh, no.
Did you see the deceased pushed out? – No.
Then you saw nothing of it? – No.
William Brisley: I live at 5, Bradstone Road, and am a bricklayer. On
Wednesday last, March 28th, I went to the Foresters' Arms with deceased
and he called for a pint of ale for me and a glass of beer for himself,
and he asked the landlord to have a drink. He refused at first, but
afterwards had a glass of stout, which made the amount come to sixpence.
I and the deceased stood talking for a few minutes by the bar. He
claimed my acquaintance as having been on a job together. The landlord
asked for payment. I looked round to deceased and said “That is quite
right”, and the money was placed on the counter by deceased. He placed
money on the counter – not sixpence. I did not observe what it was. When
we got inside I found deceased had had something to drink. He was just a
little lively. I won't say that he was drunk, but he had had quite
sufficient.
By Mr. Hall: We met at the entrance. When I went out deceased was
perfectly quiet. I saw nothing the matter with him. He seemed to be a
well-behaved man, and he was well-behaved there.
By Mr. Haines: There were seven or eight people in the bar. I did not
see whether deceased took the money up again. I did not see the landlord
take it.
William stokes: I live at 69, Black Bull Road, and am a tailor. I was in
the Foresters' Arms on March 28th, between six and seven, in the public
bar. I heard a part of the argument over the sixpence that was owing. I
hear the landlord ask the deceased for the “tanner” that he owed, but I
could not catch what he said in reply. When the landlord came round to
the other side of the bar where deceased was standing, deceased said he
had paid the money. A few more words passed and the deceased put up his
umbrella as if he was going to clear the place, but he did not strike
anybody. The landlord fetched his father. While he was away I took up my
beer and went into the far corner nearest Foord. I wanted to get out of
his road because I thought there was going to be a row. The landlord
asked him to leave the premises before he came round the counter if he
would not pay him the sixpence, but I could not catch what deceased
said. While I was in the corner I was talking to a soldier, and he said
“That chap's out of the door, and he's fell”. I did not see the landlord
come out or the landlord's father. I did not see the man go out, and I
cannot say whether he fell out or was pushed out. I did not hear any
struggle. I had my back towards the door.
In answer to Supt. reeves, witness said he could not tell what regiment
this soldier belonged to or whether he was stationed on the Camp. He had
on an infantry great coat.
Mr. Hall: Did the landlord ask deceased to leave? – I could not tell.
The Coroner: That is not of the slightest consequence. It does not
matter whether the landlord asked him to leave or whether he did not.
Henry Dalton was then called, and the Coroner, addressing him, said: You
are summoned here as a witness, but it is my duty to tell you that you
are not bound to give evidence or be sworn because you have a perfect
right to decline, inasmuch as one of the witnesses who have been
examined here before us says that he saw you throw the man out of the
door. You came into the room and threw him out of the door in a second
down those steps. Under the circumstances I want to tell you that the
jury might find an adverse verdict against you. Although they may not,
it is my duty to caution you that anything you say may be given in
evidence against you and that you are not bound to be sworn unless you
like. You had better consult your solicitor and take his advice as to
whether you shall give evidence or not.
The witness, after consulting a moment with Mr. Haines, said: Thank you,
Mr. Coroner, I would much rather give evidence.
Having been sworn, he proceeded: I am the father of Edgar Dalton, the
landlord of the Foresters' Arms. I am a retired Superintendent of
Police. I was nearly 26 years in the police force. I do not live at the
Foresters' Arms. I live in Maidstone, but at the present time I am
staying at the Foresters' Arms. I was there on Wednesday, 28th March.
Just after six in the evening I was in the private bar with several of
the Maidstone football team, and whilst I was there I heard some noise
in the public bar. My son came to me and he said “Dad, I wish you would
come round. I think I have got some trouble”. I went through into the
public bar just behind him. I might have been half a minute behind him.
When I got into the bar I heard my son say something to the deceased
about sending for the police. At the same time deceased got his umbrella
up in his hand in a striking attitude. I then went to the front door and
opened the half-door for the purpose of going to get a policeman. I
opened the left hand half going to the door from the bar. Just as I
opened the door deceased changed his umbrella from his right hand to his
left, and raising his right fist, was in the act of striking my son. As
so as I saw him doing that I stepped in between deceased and my son and
caught hold of deceased by the arms. He was about a foot and a half from
the counter. I caught deceased round the arms just above the elbows,
turned him away from my son, and when he was turned round his back came
opposite the door, which was open. I let go of him and he took a step
back to get clear of me, I suppose, missed his step, and he fell out of
the door backwards. I and my son both went out immediately, got a pail
of water, bathed his head, got a conveyance, and took him to the
hospital. That is all.
The Coroner: When you went from the private bar into the public bar, did
you go to deceased and say “Are you going to pay this 6d.?” – I said
nothing to him. I never spoke to him.
Did you know he had refused to pay sixpence? – I did not.
Did your son tell you what trouble he expected? – I expected trouble
because of the noise he was making. My son did not tell me what it was.
What noise was he making? – He was shouting something about soldiers,
but I could not hear what it was as I was two bars off. He had been
talking about soldiers and got very excited.
When you saw him with the umbrella uplifted to strike, you had opened
the left-hand door. What was that for? – For the purpose of going out to
see if I could see a policeman.
You were prevented from going out by observing the striking attitude
with the fists? – Yes. I stepped in between him and my son.
Is it true that when you seized hold of him and tried to get him out he
tried to release himself? – No, sir. I had no intention of putting the
man out.
When you left go of deceased, if he had stood still he would have been
perfectly safe? – If he had stood still he would have been safe. In
stepping back to get away from me he missed his step and fell out of the
door.
One witness said you had a struggle which lasted two minutes. – I should
not think it was half a minute.
The Coroner: I don't suppose the jury will pay much attention to what
the young man said.
By Mr. Hall: When my son came to me he did not say what the trouble was.
He did not say anything about the dispute. Deceased was talking
something about soldiers.
One witness says that when you came out you asked deceased if he was
going to pay. He said “No”, and you put him out. – That is false, sir.
Another man says you struggled with him two minutes. Is that false? – It
is, sir. I should not think the whole affair lasted half a minute.
Did you ask the man to leave? – I never spoke to him. I stepped in
between them to prevent him from striking my son.
You seriously tell the jury that it was your intention to go round the
corner and find a policeman? – I do.
That you did not open the door with the intention of putting the man out
– that you swear? – Yes, I do.
What was your object in turning the man round to the door? – To get him
away from my son.
Are you a hot-tempered man? – I am not.
Quiet? – Yes. I can get a hundred witnesses from Maidstone to prove
that.
Do you tell the jury that you left go of the man by the door and that he
fell of his own accord? – If he had stood still where I left go of him
he would not have fallen at all.
You were not pushing him? – I was not.
You had been pushing him? – I had not. I merely turned him round.
By Mr. Haines: The other half-door was bolted. If it had been my
intention to turn the man out I certainly should have opened both doors.
As a matter of fact there are two other exits into Shellons Street with
wider doors.
By a juror: it was not possible to prevent the man from falling by
catching hold of him. He was gone so quick.
Edgar Dalton, on being called, was cautioned by the Coroner, who told
him that he was not bound to give evidence. One of the witnesses having
said that the three were struggling together it was his duty to caution
him that anything he said might be given in evidence against him.
Witness said he would much rather give evidence. He said: I am the
landlord of the Foresters' Arms. I was behind the public bar on
Wednesday, 28th, between six and seven. I supplied deceased with some
beer, and a friend of his, for which he did not pay. He left the bar to
go to the urinal, and before doing so he offered 3½d. When he came back
I again asked him for the sixpence. He used bad language and said he
should not pay the money. The man got into conversation with one or two
old soldiers, and getting very excited, used bad language. I told him he
must not use such language, as I did not permit it in my bars. He still
continued to use bad language and talked very excitedly, so I went into
the private bar where my father was, and said to him “Would you mind
coming round? I am afraid I have got some trouble”. I then opened the
bar door and went into the public bar and went to deceased and said to
him “What are you going to do about that sixpence?” He said “You'll get
no ---- sixpence out of me, you little ----“. He put his umbrella in a
position which led me to think he was going to thrust me with it. I
again spoke to him about using bad language and told him I should send
for a policeman, and he said “Where is the ---- policeman?” He raised
his right hand and clenched his fist as if to strike me. The next I saw
was father come from the front door, catch hold of the man and swing him
round. The only thing I saw after that was the man's left hand on the
left hand side of the door, and I saw him fall backwards out of the
door. Holding on to the left-hand door twisted him round to the left. He
laid on the pavement on his back opposite the left-hand door. The only
thing I saw was father coming in between me and the deceased. I could
not say what caused him to fall out.
Dr. Francis Fosberry, House Surgeon at the Victoria Hospital said:
Deceased was brought to the Hospital by two men at ten minutes to seven
on March 28th. He was unconscious, and continued so until the time of
his death, which took place at seven a.m. on the following morning.
Deceased was suffering from a fracture of the skull. On examining him
just after admission I found a contused wound star-shaped on the left
side and back of the skull such as would be caused by a fall as has been
described. I made a post mortem examination, and the cause of deceased's
death was haemorrhage, caused by the rupture of the vein immediately
below the site of the fracture. This occurred thirteen hours after the
accident and was the result of the injury caused by the fall.
It was now twenty minutes past eight, and the Coroner adjourned the
Court for fifteen minutes.
On resuming, Mr. G.W. Haines addressed the jury on behalf of the Messrs.
Dalton and submitted that the unfortunate occurrence was an accident
pure and simple.
The Coroner, in summing up, pointed out that there were great
contradictions and variations in the statements made by the different
witnesses, but it was the experience of them all that in matters of that
kind happening so suddenly and ending so fatally that there were
generally very great discrepancies between the persons witnessing the
affair. Some didn't see the whole of it; some forgot. They would
therefore have to reconcile the differences so far as they could. The
parties, if he might so term it, who were implicated were Henry and
Edgar Dalton. Their evidence agreed, and contradicted in a very great
measure the evidence of all the other witnesses, and they would have to
say whether they believed those two witnesses, Edgar and Henry Dalton.
The first thing they had to decide was the cause of death. There was not
much difficulty, or any difficulty at all, in deciding as to the cause
of death. As they had heard, death was due to haemorrhage on the brain,
the result of injuries which deceased received from the fall from the
front steps of the Foresters' Arms. Therefore there was no difficulty in
their saying what was the cause of death. Then came the question which
was the most important one they had to decide upon the evidence they had
heard as to whether that fall from the door of the Foresters' Arms was
an accidental fall, or was it caused by Henry Dalton pushing the
deceased down the steps, as some of the witnesses had said. Various
questions might arise upon that. The question would arise – supposing
they came to the conclusion that Henry Dalton was really putting the man
out because he had not paid or because he was noisy – was he justified
in doing that or not? To begin with the landlord of a public house was
justified in putting a customer out of his house if he was drunken,
violent, quarrelsome, or disorderly using only such force as was
necessary for the purpose. He might do it himself, or his servants, or
his agents, or he might call in a police constable to assist in doing
so. It was not necessary that he should order the deceased out of the
house before doing that. In order to get a man fined and brought before
the Magistrates it was necessary to order him to leave the house. If the
man disobeyed the order he was not only liable to be put out by force
but was also liable to be fined for refusing to quit the house when
ordered to do so. All the witnesses except Henry Dalton and Edgar Dalton
would have them believe that Henry Dalton was endeavouring to eject the
deceased from the house and that the man resisted. They would have to
determine whether they believed that statement or not, and if so they
would have to say whether the condition which the Act of Parliament
required would justify the landlord in ejecting the man, because if it
was not, the landlord, or rather Henry Dalton, would be committing an
illegal act in attempting to put him out, and he was not justified in
putting him out, and the man fell in consequence of being pushed, it
would be his duty to instruct them that it would be a case odf
manslaughter against Henry Dalton. If a man was in a condition that they
were justified in putting him out the question would arise whether more
force was used than was necessary for the purpose of putting him out,
and whether proper care and precaution was taken by Henry Dalton in
putting him out as to prevent there being any probability of any injury
being received by the man in consequence of being so put out. They had
viewed the premises and they would all agree that the steps were a most
dangerous place to be the entrance to a public house, seeing that a
sober person in the ordinary way had to take great care and great
caution to prevent himself from falling. Supposing they came to the
conclusion that they were justified in putting him out of the house and
if Henry Dalton was actually putting him out, then there would be the
question if they were justified in putting him out whether proper care
and caution had been used in pushing the man to such a dangerous place
and giving him a violent push which would cause him to fall backwards
down such dangerous steps. If they came to the conclusion that such care
and such caution had not been shown on the part of Henry Dalton it would
render him liable to a charge of manslaughter. The Coroner then reviewed
the whole of the evidence at considerable length and brought the salient
points to the notice of the jury. The witness Salmon interrupted his
remarks, and as he paid no heed to the warning to desist he was ejected
from the Court.
The jury retired to consider their verdict, and returned after an
absence of 15 minutes. They found that deceased met with an accidental
death and added a rider that the steps at the Foresters' Arms should be
altered immediately. They expressed their deepest sympathy with the
widow and added that they had not taken the slightest notice of the
evidence of the witness Jones.
|
Folkestone Herald 7 April 1900.
Editorial.
We report elsewhere in this issue the result of the inquest held by our
Borough Coroner as to the lamentable death of the man Hanbury, cause by
falling from the top of the steps leading into the Foresters' Arms from
the pathway in Grace Hill. The great local excitement to which this case
gave rise renders it highly expedient to remind licensed victuallers of
the grave responsibilities attaching to them with regard to the ejecting
of unruly customers. In the present case the jury have delivered a
verdict the righteousness of which cannot be challenged. They have
weighed the evidence in a judicial and impartial spirit, and their
findings will have the complete assent of all who study the evidence
with a dispassionate mind. The summing-up of the learned Coroner was a
model of clearness, and we have never had a more concise and yet
comprehensive exposition of the law than he placed before the jury. With
a view, therefore, to giving the utmost publicity in our power to that
instructive utterance, we present the full text to our readers. In
addressing the jury at the close of the evidence the learned Coroner
said “The landlord of a public house is justified in putting a customer
out of his house if he is drunken, violent, quarrelsome, or disorderly,
using only such force as is necessary for that purpose. He may do that
by himself or his servants or his agents, and he may call in a police
constable to help and assist him in doing so. It is not necessary that
he should order the person out of the house before doing that, but if a
man is to be brought before the Magistrates to be fined, it is necessary
to order him to leave the house, and if a man disobeys the order he is
not only liable to be put out by force, using such force as is necessary
for the purpose, but he is also liable to be fined for refusing to leave
the house after being ordered to do so. Now, upon the evidence of all
the witnesses except Henry and Edgar Dalton, they would have you believe
that Henry Dalton was endeavouring to eject this man from the house.
That is their statement, that he was endeavouring to eject and that this
man was resisting. Well, you will have to determine whether you believe
that statement or not, and if so, you will have also to say whether he
was in a condition which the Act of Parliament requires to justify the
landlord in ejecting him, because if he was not in that condition, Henry
Dalton would be committing an illegal act in attempting to put him out,
and not justified, and thereby committing an illegal act, and if the man
fell in consequence of being pushed, undoubtedly it would be a case of
manslaughter against Henry Dalton. But if the man was in a condition
that they were justified in putting him out, then the question would
arise whether more force was used than was necessary for the purpose of
putting him out, and whether proper care and precaution was taken by
Henry Dalton in putting him out, so as to prevent there being any
probability of any injury arising to the man in consequence of so being
put out. Now, you have viewed the premises yourselves, and I think you
are all agreed that the steps are most dangerous steps to be an entrance
to a public house, and that even sober persons coming down them in the
ordinary way would have to take great care and caution to prevent
themselves from falling. Therefore, suppose you come to the conclusion
that they were justified in putting him out of the house, and that Henry
Dalton was actually putting him out of the house in the way some of the
witnesses have described, you will have to say whether proper care and
caution had been used by Henry Dalton in pushing a man on such dangerous
steps as those steps and give him such a violent push as he was caused
to fall. If you come to the conclusion that proper care and caution was
not used, it would be an act of such carelessness that it would
undoubtedly render him liable to a similar charge of manslaughter.”
After reading the evidence, the Coroner went on to say “Now, you have,
as I have said, got to decide which of the witnesses' statements you
believe. If you believe the statements of Henry Dalton and Edgar Dalton
there cane be no question that it was a pure accident, although it
lamentably ended in the death of this man. If, on the other hand, you
disbelieve them entirely and believe the evidence of the other
witnesses, one of whose depositions I have not read, because you
intimated that you don't believe a word he said, but if you believe that
this deceased was deliberately pushed out of the door by Henry Dalton,
then of course arises the question was he justified in turning him out,
because he could not be justified in pushing him down the steps in the
manner in which the poor fellow fell. If you are of opinion that the man
was violent, drunken, noisy, or disorderly, then Henry Dalton had a
right to put him out, but using no more force than was necessary for the
purpose, and taking care also to use proper precautions that no injury
arose to the man in so putting him out, you will have to say was there
any excessive violence in so doing, and looking at the dangerous
position of the steps, which Henry Dalton must have known of, did he
take proper precautions in so attempting to put this man out as to
prevent any injury arising to him? If, on the other hand, you say that
the man was not drunk, riotous, quarrelsome, or disorderly, then there
will be no justification in putting him out, and if under such
circumstances in putting him out death arose, Henry Dalton would
undoubtedly be guilty of manslaughter.”
On the conclusion of this summing-up the coroner submitted for the
finding of the jury the questions which appear in our ordinary report of
the case, and the verdict resulted in the complete exoneration of both
the landlord and his father, a decision which is just and righteous.
Inquest.
The adjourned inquest touching the death of George William Hanbury,
reported in our last issue, was resumed at 3 o'clock in the Council
Chamber, Town Hall, before Mr. Minter, the Borough Coroner. Mr. Frederic
Hall, solicitor, attended on behalf of Mrs. Hanbury, the widow; and Mr.
G.W. Haines, solicitor, was in attendance to watch the case on behalf of
the Messrs. Dalton (landlord and his father).
Robert William Gillingham, re-called, further deposed: The deceased was
standing in the bar on the left hand side looking outwards, close to the
door. The left hand part of the door was open. Henry alton stood close
to the door where it opened. I did not notice with which hand he opened
the door. The deceased was standing face to Henry Dalton, when he took
hold of him. The landlord, Edgar Dalton, was standing between the
deceased and Henry Dalton. At the time Henry Dalton took hold of
deceased round the waist they were all three together. The deceased was
standing nearer the window than Edgar Dalton was. Both Edgar and Henry
Dalton came into the bar through the same door. I was standing in the
corner near the door through which they came into the public bar.
By Mr. G.W. Haines: The door could be opened without touching the
deceased.
Thomas Salmon deposed: I live at 14, Radnor Street, and am an out porter
in Castle Hill Avenue. I was in the Foresters' Arms on Wednesday, 28th
ult., between six and seven. I went into the public bar by the front
door up the steps. Edgar Dalton was behind the bar. Edgar Dalton and the
deceased were arguing about three twopenn'oths. The deceased said “No” –
he had paid. The deceased was standing close to the division door in the
public bar. He asked for another glass and the landlord refused, and
said “Pay for what you have had”. The deceased said that he had paid
somebody. He called the barmaid in, and asked her if he had paid her.
She said “No”. The landlord then came into the public bar. I was
standing about two feet from the counter nearly opposite the front door.
The deceased was close to my right hand side. I had my back to the door.
Edgar Dalton came up to the deceased and said “Are you going to pay?”
Deceased said “No” and raised his umbrella as if to smash the glasses. I
moved my glass in consequence. (Laughter) He then raised his umbrella as
if to strike the landlord. The landlord stepped back and went into the
private bar through a doorway. He returned with Henry Dalton. When they
came in, the deceased was standing close to me. Henry Dalton asked the
deceased if he was going to pay. The deceased replied “No”. Henry Dalton
opened the door with one hand and pushed the deceased out with the
other. I saw the deceased fall and heard the thud. The deceased had not
time to do anything; it was done in an instant. The deceased was about
two feet from the door when Henry Dalton pushed him out. Edgar Dalton
did not do anything. Henry Dalton placed his hand on the chest of
deceased. He opened the left hand door as you go out. Henry Dalton
opened the door with his right hand and pushed the deceased out with his
left. Whichever hand was used, I am certain Henry Dalton pushed deceased
out of the front door, and he fell backwards on the pavement. I saw the
deceased on the steps being assisted by Edgar Dalton and Henry Dalton.
At the time when asked if he was going to pay, the umbrella was more by
his side. The deceased was not doing anything at the time Henry Dalton
came in, and all he said was that he did not mean to pay. He used no
threats. He had no time; out he went. I can give no reason for the
deceased being pushed out, except that he would not pay. The deceased
was not really drunk, but still he had had quite enough.
Cross-examined by Mr. F. Hall: The landlord and deceased were arguing.
Dalton said he had not paid. Deceased said he had. It was a rational
argument, but rather high in the voice. Edgar Dalton said that he had
had quite enough, and he would not let the deceased have another glass
until he paid for what he had had.
By Mr. G.W. Haines: The opening of the door and pushing out was done at
once, one push. The deceased was a fine, smart man. The push sent the
deceased off his legs. He did not put his arms round the deceased's
waist. He reckoned that the steps were the most dangerous in Folkestone
for anyone coming out of the house. Henry Dalton had not his hand on the
door at all when he pushed the deceased out. The deceased went right
out.
John Jones deposed: I live at 24, Dover Road, Folkestone, and am a
draper's assistant. On Wednesday last I went into the Foresters' Arms
about 6.30 for a glass of ale. I saw the deceased and heard him talking
to Edgar Dalton. They were opposite the front door. I saw the deceased
lift his umbrella as if to strike Mr. Dalton. He then changed his
umbrella into his left hand and lifted up his fist as if to strike him,
but he did not strike him. I saw Henry Dalton come round to the
deceased. He took hold of him round the waist and they struggled. Henry
Dalton took him to the door, and when he got deceased there he seemed to
release his hold, to me. From where I was standing, behind the door, I
could not see what became of the deceased. I saw him put the deceased to
the door. I told the officer who summoned me that I saw Henry Dalton put
deceased out of the door. I have had a conversation with Mr. Edgar
Dalton since the 28th March. I went to the Foresters' Arms on Friday
evening last.
By Mr. F. Hall: I am in the habit of going in the Foresters' Arms. I did
not hear anything that was said between the landlord and the deceased.
There was nothing in the conversation to call my attention. The struggle
between Henry Dalton and the deceased lasted two minutes. The landlord
did not interfere. I did not hear anyone say anything. The struggle
first began opposite the front door, about two feet from the counter,
and went on until they got to the door. The deceased resisted and tried
to release himself. It was a struggle to the door. I cannot say who
opened the door. I was watching the struggle. I saw Henry Dalton push
the deceased to the door. The deceased had his face to the door when
Henry Dalton pushed him. The deceased fell out of the door face first. I
did not see the deceased fall out; I only thought so. I came back at
nine o'clock to the Foresters' Arms, and I heard them talking about the
accident. I did not say that I saw the occurrence. Mr. Edgar Dalton sent
for me on Saturday morning and said he wanted me about this case. He
said “Don't favour me or the man. Speak the truth”.
By Mr. G.W. Haines: I did not notice whether the front door was open
when the struggle commenced. Henry Dalton had both arms round the
deceased and pushed him. He was struggling to relieve himself. Henry
Dalton was nearest the counter when he took hold of the deceased with
both arms round the waist. The deceased was back to Dalton while being
pushed to the door. Dalton pushed the deceased close to the front door
steps.
Ethel Caroline Smith deposed: I am barmaid at the Foresters' Arms in the
service of Mr. Edgar Dalton. I was behind the bar on Wednesday serving.
I was called in by Mr. Dalton and asked whether the deceased had paid me
for the beer. I replied “No”. I heard the matter being argued between
deceased and Mr. Dalton. They were arguing about 6d. for drinks. I did
not hear any more because I went to attend at the private bar. I did not
hear how they settled. I saw nothing of it.
William Brisley deposed: I live at 5, Bradstone Road, Folkestone, and am
a bricklayer. I went to the Foresters' Arms on Wednesday night with the
deceased. He called for beer and ale for himself and me. The landlord
had a glass, but he refused at first. He had it afterwards, and that
made the amount come to 6d. We stood talking for a few minutes, and I
shook hands with him. He claimed my acquaintance, but I said that he had
the advantage of me. The landlord asked for the 6d. I said “That is
quite right”. The deceased placed the money on the counter. I did not
observe what money was placed on the counter. I drank my beer and left.
The deceased had had quite sufficient, but he was just a little lively.
By Mr. F. Hall: The deceased was well behaved at the Foresters' Arms.
By Mr. G.W. Haines: There were several in the bar. I did not see the
landlord take the money up.
William stokes deposed: I live at 69, Black Bull Road, and am a tailor.
I was at the Foresters' Arms on Wednesday 28th, between six and seven in
the public bar. I heard the part of the argument for 6d. He said that he
had paid it. I could not catch what he said. Deceased raised his
umbrella and went as if he was going to clear the whole place. The
landlord fetched his father. I went to the right-hand corner of the bar,
taking my glass. I thought that there was going to be a row about his
not leaving the premises when asked to by the landlord when he was at
the side door. I could not catch the words, but I heard the landlord ask
him to leave – if he would not pay the sixpence. I was talking to a
soldier, who said that the chap was out through the door. I heard no
struggle, nor did I see the man go out of the door.
By Chief Constable Reeve: The soldier was a stranger to me. He had an
infantry uniform, and was wearing a big coat.
Henry Dalton, after being cautioned, elected to give evidence. He
deposed: I am the father of the landlord of the Foresters' Arms in
Folkestone. I am a retired Superintendent of Police, and was in the
police force nearly 26 years. I live at Maidstone, but am at present
staying at the Foresters' Arms with my son. I was there just after six
o'clock in the evening on the 28th March last. I was in the private bar
with several of the Maidstone football team, and I heard some noise in
the public bar. My son came to me and said “Dad, I wish you would come
round into the public bar. I think I have got some trouble”. I went
through into the public bar in about half a minute. I heard my son say
to the deceased something about sending for the police. At the same time
the deceased had got his umbrella up in his hand in a striking attitude.
I then went to the front door and opened the left hand half, going to
the door for the purpose of going for the police. Just as I opened the
door, the deceased changed his umbrella from his right hand to his left,
and raised his right hand with clenched fist. He was in the act of
striking my son. I stepped in between them. They were a foot or a foot
and a half from the counter. I caught the deceased round the arms and
just above the elbow. When I took hold of deceased we were face to face.
I turned him round to prevent him striking my son, and he came with his
back to the open door. I let go of him, and he took a step backwards
away from me, falling out of the open door backwards. My son and I went
out and took him up, got a pail of water, got a fly, and took him to the
hospital. I did not know that deceased had refused to pay 6d. My son did
not tell me what trouble he expected. I thought it was in consequence of
the noise deceased was making. He was talking very loudly. It is not
true that I was trying to put the deceased out of the house when I had
hold of the deceased. He would have been perfectly safe had he not
stepped back and fallen out of the door. I should not think it took half
a minute.
By Mr. F. Hall: I could not tell what the deceased was saying. I did not
expect any trouble when I got in the public bar. I never said a word to
deceased. I did not open the door to put the deceased out. When I got
hold of the deceased I turned him round towards the open door. I swung
deceased round to the right. He struggled. It did not strike me there
was any danger. I am not a hot-tempered man. I did not push the
deceased; I swung him round. He was six inches inside the door when I
left hold of him. I cannot say why he wanted to get away from me.
By Mr. G.W. Haines: The other half of the front door was bolted. If I
had intended to put the deceased out, I should have opened both doors.
There are two other doors out of which the deceased could have been put.
By the jury: There was no possibility of my catching hold of the man to
prevent his falling; he was gone so quickly.
Edgar Dalton elected to give evidence, and deposed: I am landlord of the
Foresters' Arms in Folkestone. I was behind the public bar on Wednesday,
28th March, between six and seven in the afternoon. I supplied the
deceased with some beer, and a friend. On the deceased's invitation I
had a glass. Deceased did not pay the sixpence. When he came from the
convenience I again asked for sixpence. He used bad language and said he
should not pay. The deceased was talking to two or three soldiers, and
got very excited. He used bad language, and I cautioned him, but he
continued. I went to the private bar, where my father was, and said
“Would you mind coming round. I'm afraid I have some trouble”. I then
went into the bar and said to the deceased “What are you going to do
about the sixpence?” He replied “You will get no sixpence off me”. I
told him about using bad language, and that I should fetch a policeman.
He said “Where is the policeman?” He raised his umbrella, and lifted his
right hand clenched as if to strike me. The next I saw was that father
came from the front door to get hold of deceased and swung him round. I
saw the deceased fall backwards out of the door. The deceased's left
hand was on the left half-door, which swung him to the left on his
falling, because he lay on the pavement on his back opposite the left
hand door. I cannot say what caused the deceased to fall out of the
door.
By Mr. F. Hall: The deceased was orderly and well behaved when he came
in. He was not drunk when he came. His excitement was caused, I believe,
by talking about soldiers, not about the sixpence. I did not see the
deceased raise his umbrella twice. I went to my father because te
deceased was abusive and refused to pay for his drinks. It is not true
that deceased and my father struggled for two minutes. There was a
slight struggle between my father and the deceased. I believe my father
had let go of the deceased before he fell out the door. He was not
pushed out.
Dr. Francis Clifford Fosbery deposed: I am house surgeon at the Victoria
Hospital. The deceased was brought to the hospital by two men at ten
minutes to seven last Wednesday evening, the 28th. He continued
unconscious until the time of his death, which took place at seven the
following morning. I found the deceased suffering from a fractured
skull. There was a contused wound, star shaped, on the left side and
back of the scalp, such as would be caused by the fall described. I made
a post mortem examination, and the cause of death was haemorrhage on to
the brain from a rupture of a vein immediately below.
After a short adjournment, Mr. Haines addressed the jury at 8.30,
dwelling chiefly upon the conflicting statements made by the witnesses,
and assuring them that no-one regretted the fatal accident more
sincerely than did the landlord and his father.
The Coroner, having summed up the points of law, and also having
analysed the evidence, left three questions to the jury:-
1) Did the deceased accidentally fall without being pushed by any
person?
2) Did either of the Daltons, or both, or which of them, push deceased
out of the door of the Foresters' Arms, and if so, was more force used
in ejecting the deceased than was required for the purpose; and was such
degree of caution used as to make it improbable that no danger or injury
would arise from such ejection?
3) Was the deceased drunken, violent, quarrelsome, or disorderly?
The jury retired at 9.30, and returned into Court at 9.50. They returned
as their unanimous belief the verdict that deceased accidentally fell
without being pushed by anyone. The foreman intimated that his
colleagues were of opinion that the steps ought to be immediately
altered, and also conveyed to the widow the sympathy of the jurors.
|
Folkestone Chronicle 28 July 1900.
Saturday, July 21st: Before Messrs. Pledge, Vaughan, and Stainer.
Mr. Charles Austin applied to the Bench for the transfer of the
Foresters' Arms, Shellons Street, from Mr. Edgar Dalton.
The usual testimonials were forthcoming, and the Bench granted the
application.
|
Folkestone Express 4 August 1900.
Wednesday, August 1st: Before Capt. Carter, W. Wightwick, J. Fitness, J.
Pledge, C.J. Pursey and W.G. Herbert Esqs.
Alfred J. Austen was granted a transfer of licence for the Foresters'
Arms.
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Folkestone Herald 4 August 1900.
Folkestone Police Court.
On Wednesday, the licence of the Foresters' Arms was transferred from
Mr. Edgar Dalton to Mr. Albert James Austin.
|
Folkestone Chronicle 7 January 1905.
Gossip.
If licensed victuallers generally would follow the example of Mr. Austin
(landlord of the Foresters Arms Hotel), the debt at the Victoria
Hospital would soon be wiped out. On Friday, Mr. Austin forwarded a
cheque for £3 18s. to the hospital, the result mainly of Sunday morning
collections, the £3 18s. representing a quarter's subscriptions. In 15
months the Foresters Arms customers have sent through host Austin over
£10 10s. to the hospital.
|
Folkestone Chronicle 6 January 1906.
Local News.
It has been truly said that “More evil is wrought by want of thought
than is for want of heart”. This truism cannot be applied to our old
friend, the kind hearted host of the Foresters Arms, Mr. A.J. Austen,
who since his advent to Folkestone has always made a praiseworthy effort
to assist the funds of the Victoria Hospital, an effort which, if
followed by other licensed victuallers, would soon completely wipe off
the debt on the hospital, which today is a stigma upon a large town like
Folkestone. That an institution which in the course of a year alleviates
so much pain and suffering should have an adverse balance is a disgrace
to a town of 30,000 inhabitants. Would we had a few more Mr. Austens
working so energetically in such a grand cause.
We have before described the modus operandi adopted at the Foresters
Arms, but with the hope of such a fine example bearing fruit with the
licensed victuallers and traders in the town, another brief description
will not be amiss. Every Sunday morning Mr. and Mrs. Austen hand round
the Victoria Hospital box among the customers, who now look upon the
Sunday morning contribution as a fixed institution.
It is now two years since the Sunday morning collection was commenced at
the Foresters Arms in 1904. The collection for the year amounted to £8.
In June of 1905, for the first six months of the year, the average was
beaten with a total of £5 5s., and on Monday, January 1st, when the box
was opened for the second half of the year concluded, all past
collections were eclipsed. The grand total reached £7 13s. 6d., being £3
13s. 6d. increase upon the corresponding period last year, and making a
total for 1905 of £12 18s. 6d. The opening of the box was looked forward
to with much pleasure, not to say excitement, by the customers at host
Austen's. Early in New Year's morning a guessing list was opened, and
those who had contributed during the year were entitled, on payment of
another penny to the new box, to make a guess at the total in the box,
the nearest to be awarded a prize by the host. To prove the exceptional
interest taken, we have only to say that the guessing pence amounted to
8s., with which to start upon the New Year's collection box. Again we
say imitation is the sincerest form of flattery. And we invite other
local licensed victuallers to follow the course of Mr. Austen, which, if
persistently followed by the trade, would relieve the Governors of the
Victoria Hospital of much anxiety.
One concluding word. The collecting box at the Foresters Arms is not
forced upon anyone; if at the regular hour on Sunday it is not handed
round one or other of the regulars will soon make a call for it, or
voluntarily hand his contribution over the bar. We sincerely hope that
before the conclusion of 1906 Mr. Austen will not only maintain his fine
average, but be the cause of many successful imitators.
We must also not forget to mention the efficient service rendered by Mr.
Austen's able lieutenant, Mr. W.L. Cook, the well known farrier, who on
Sunday mornings regularly takes charge of the collecting box from 12.30
to 1.30.
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Folkestone Herald 12 January 1907.
Felix.
Mr. and Mrs. Austen, who so well conduct the Foresters Arms, follow a
little hobby, and this takes the form of reminding one and all of their
customers of their duty to the Victoria Hospital. I understand this
worthy pair have just opened their box, with the result that the noble
institution on the north side of Radnor Park has benefitted to the
extent of £6 7s. 8d. in six months, making a total of £12 16s. 8d. for
the year. In a period of three years Mr. and Mrs. Austed have collected
for the Hospital no less than £35 16s. 8d. This is greatly to the credit
of themselves and their customers, and is an example that might be
imitated in more pretentious establishments. The Victoria Hospital has
many friends, but none more constant than the Host and Hostess of the
old hostelry at the bottom of Shellons Street.
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Folkestone Express 5 October 1912.
Local News.
At the police court on Wednesday the following transfer of licences was
sanctioned by the Magistrates: Foresters Arms, Shellons Street, from Mr.
Albert Jas. Austin to Mr. Charles Parker Ovenden. |
Folkestone Herald 5 October 1912.
Wednesday, October 2nd: Before Mr. E.T. Ward, Mr. W.G. Herbert, Mr. G.I.
Swoffer, and Mr. R.J. Linton.
The Bench granted the temporary transfer of licence as follows:
Foresters Arms, from Mr. Austin to Mr. Chas. Ovenden.
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Folkestone Daily News 5 October 1912.
Wednesday, October 2nd: Before Messrs. Ward, Herbert, Swoffer, and
Linton.
The following licence was transferred upon change of tenants: Foresters
Arms, Shellons Street, from Albert James Austin to Charles Parkes
Ovenden.
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Folkestone Express 16 April 1927.
Local News.
Considerable damage was done at the furniture store occupied Mr. G.
Balderson, furniture dealer, Grace Hill, during Monday night or early on
Tuesday morning by the collapse of a wall.
The store, which was filled with furniture of various kinds, adjoins the
Foresters Arms, and it was the outer wall which collapsed. The wall,
which is of stone, and is about 12 inches thick, caved in for about half
the length of the store, giving way from just below the roof, and the
stonework, and many tons of earth from the garden of the Foresters Arms
fell upon some of the furniture, which was completely broken or very
badly damaged. A surveyor who visited the spot on Tuesday on behalf of
the owners, gave it as his opinion that the land in the garden slipped,
and the weight caused the wall to give way. Amongst the earth carried
into the store was a small tree, which was practically under the roof of
the building, when it was opened on Tuesday. It is estimated that the
weight from the whole of the garden, from the Copthall Steps to the
building itself, was 3,000 tons, and this was pressing on to the wall,
which could not withstand such a tremendous weight.
The slip of earth is most probably due to the recent very heavy
rainfall.
Mr. Balderson was in the store himself on Monday night at ten o'clock,
when everything appeared to be all right, and the wall was apparently as
intact as it had always been.
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Folkestone Express 3 October 1931.
Local News.
The licence of the Foresters Arms, Shellons Street, was temporarily
transferred from Mr. C. Ovenden to Mrs. Elers on Tuesday at the
Folkestone Police Court.
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Folkestone Herald 3 October 1931.
Local News.
The Folkestone Magistrates on Tuesday granted a protection order to Mrs.
Elers, who is taking over the Foresters Arms, Shellons Street, from Mr.
C. Ovenden.
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Folkestone Express 31 October 1931.
Obituary.
It is with very deep regret that we have to announce the death of Mr.
Charles Parks Ovenden, who until a month ago was a well-known licensed
victualler. He had been in failing health for some time, and retiring
from his business he went to reside at 29, Joyes Road, Folkestone, where
he died on Wednesday.
Mr. Ovenden, who was 59 years of age, was the third son of the late Mr.
Stephen Parks Ovenden, a highly respected Folkestone resident. He was
for a number of years a solicitor's clerk in the office of the late Mr.
Harrison, the Town Clerk of Folkestone. For 20 years he was a member of
the Parish Church Choir. In his younger days he was a keen football
player, and for some years he was the goalkeeper of the Folkestone
Football Club when they were an amateur side and played on the Park Farm
ground, other members of the team including Messrs. Sidey, Billy Harris,
and J.S. Clark.
The deceased leaves a widow and two sons, and with them and his brother
and sisters the deepest sympathy will be felt in their sad bereavement.
The Funeral will take place on Monday at the Folkestone Cemetery at
Hawkinge at 2.20 in the afternoon.
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Folkestone Herald 31 October 1931.
Obituary.
We regret to record the death of Mr. Charles Parks Ovenden on Wednesday
at his residence, 29, Joyes Road.
The deceased, who was until quite recently the licensee of the Foresters
Arms, was 59 years of age and had been in poor health for some time.
He was the third son of the late Mr. Stephen Parks Ovenden and for a
number of years was an assistant in the Town Clerk's Office. For twenty
years he was a member of the choir at the Parish Church, and in his
youth played for the Folkestone Football Club as goalkeeper.
The deceased leaves a widow and two sons.
The funeral will take place on Monday afternoon at the Folkestone
Cemetery at Hawkinge.
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Folkestone Express 19 February 1938.
Local News.
On Friday the Folkestone Magistrates granted a protection order in
respect of the transfer of the licence of the Foresters Arms from Mrs.
Ellers to Mr. A. Creasey, formerly licensee at the Anchor Inn,
Littlebourne. Mrs Ellers stated that she was taking another house in
another district.
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Folkestone Express 12 March 1938.
Local News.
At the adjourned general licensing sessions on Wednesday, at the
Folkestone Police Court, the magistrates agreed to the transfer of the
licence of the Forester’s Arms, Grace Hill, from Mrs. Ellers to Mr. A.
Creasey, a protection order having been previously obtained.
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Folkestone Express 23 September 1939.
Lighting Regulations.
There was a further batch of fifteen summonses at the Court on Tuesday,
when the magistrates on the Bench were Mr. L.G.A. Collins, Alderman J W.
Stainer, Miss G. Broome Giles and Mrs. A.M. Saunders.
William Creasey, the Forester’s Arms, Shellons Street, was fined 10/-.
P.C. Alexander said at 12.40 a.m. on the 14th September he was on duty
and saw a light in a first floor window of the Forester’s Arms. It was a
small window 4ft. by 6ft. He entered the back garden and saw a further
window 4ft. by 5ft. covered by a thin blue curtain. He tried to call the
occupiers of the house, but was unable to rouse them. The light then
went out.
P.C. Barrett said at 9.05 a.m. on the 14th September he interviewed
defendant. He said he had been in bed for some minutes when he was
awakened by the youngster. His wife fixed him up and the light was
turned out. He did not hear the bell. Defendant said he had a 15 watt
bulb in the room, and the window was covered by two curtains.
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Folkestone Express 1 June 1940.
Inquest.
The great danger of “loose talk” was evident at a Folkestone inquest on
Tuesday when Mr. B.H. Bonniface, the Folkestone Coroner, conducted an
inquiry into the tragic circumstances of the death of Mr. Charles Baker,
a retired marine store dealer, who, together with his wife, resided with
Mr. W.H. Creasy, his son-in-law, the licensee of the Forester’s Arms,
Shellons Street. The deceased, who was 64 years of age, had not been in
very good health for two years, and had been rather depressed since the
beginning of the war.
From the evidence at the inquest it was clear that on Monday he went out
for a walk on the Leas, where he met someone. The conversation turned to
the war, and the person with whom he was talking said England had lost
the war. This apparently so upset him, and it had such an effect upon
him that only a very few hours afterwards he was found dead, hanging by
a rope, suspended from a water pipe in the bathroom.
Mrs. Mary Elizabeth Emma Baker, the deceased’s wife, said her husband’s
health had not been good lately, and he had been attended by Dr. Claxton
for some time. During the last two months he had been very worried about
the war. He went out the previous day and was talking to someone on the
Leas, with the result that it got on his mind that they had lost the
war.
The Coroner: Do you mean that he seemed to be worried by what people had
been saying to him?
Mrs. Baker: I do definitely. Proceeding, she said her husband had never
threatened to take his life. He was the last man she would have thought
would have done such a thing. Her husband did not eat his normal lunch,
but just picked about and left it. During the afternoon a friend came in
and she asked her to have some tea. Later she went into the bathroom and
found a chair in the middle of the room. She was about to close the
window when she cast her eye round and first saw her husband’s feet in
the bath. She then saw her husband in a sitting position over the bath.
She rushed out into the garden to fetch her son-in-law, returning with
him to the bathroom. She then noticed a rope round her husband’s neck
and that it was fastened to a water pipe over the bath. She helped to
take her husband down. They telephoned for the Police and doctor. Her
husband was depressed during the last war. He was definitely worse on
Monday.
Mr. W.H. Creasy, the licensee of the Forester’s Arms, Shellons Street,
said the deceased and Mrs. Baker had been living with him since August,
1931. The deceased was his father-in-law. During the past two years he
had not been at all himself, and during the past week he had been worse,
sitting about, taking no notice of things, and apparently thinking. He
had worried about the war. When he (witness) was sitting having his
lunch the deceased told him someone had been talking to him about the
war. The deceased was pessimistic about the war. About five o’clock when
in the garden he heard two screams, and he rushed into the house. Mrs.
Baker said “Quick. Father is in the bathroom”. He rushed upstairs and
saw that the deceased was sprawling in the bath, his heels being
two-thirds of the bath up, and his buttocks, which were not resting on
the bath, were practically on a level with it. A rope, suspended from
the water pipe, was round his neck. He undid the knot as quick as he
could, having no knife, and got the deceased down. The police and Dr.
Claxton arrived. The deceased had not, to his knowledge, threatened to
take his life. The chair was by the side of the bath, having been moved
from its usual position. It looked as if he must have stood on the chair
to have tied the rope to the pipe, for he (witness) had to stand on it
to untie the knot.
Dr. E. E. Claxton, of Manor Road, said he had attended the deceased for
about two years, and for the last six months had been going to see him
each week. He had been suffering from chrome bronchitis and cardiac
failure. He had got to know him very well. He always used to discuss the
war with him (witness) and asked him what he thought of it. He always
tried to give him an optimistic slant to it, and the deceased looked at
it differently. He was undoubtedly a man to whom one could put the
better side of things rather than the darker.
The Coroner: Might it considerably affect him if anyone had said to him
that England had lost the war?
Witness: Yes. It would disturb him intensely. Witness, continuing, said
he was called to the house at half-past five the previous day. He was
lying on the floor, and the policeman was giving artificial respiration.
Breathing had ceased and life was extinct. There was a mark on his neck
suggesting strangulation. The face was suffused, bluey in colour. The
cause of death was asphyxia, due to hanging.
The Coroner: His condition was such that when a foolish, or rather a
wicked, person said such things as we have heard it would be liable to
upset his mental balance.
Dr. Claxton: Yes.
“It does seem a very great pity”, the Coroner said in announcing his
verdict, “that people should make such remarks as those we have heard,
remarks which all particularly should not make at these times. Rather
serious remarks were made to the deceased, which would unfortunately
affect a man in the condition such as the deceased was on the previous
day. I have no doubt that those people he had been talking to had,
instead of putting forward a conversation that would have impressed him
in a different way, had spoken in such a way that it had upset him. I
find that the deceased died from hanging, and that the balance of his
mind at the time he did it was temporarily disturbed”.
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Folkestone Herald 1 June 1940.
Inquest.
Alarmist statements on the war were said at an inquest at the Town Hall
on Tuesday afternoon to have been responsible for the death of Mr.
Charles Baker, a retired marine store dealer of the Forester’s Arms,
Shellons Street, who was found hanged the previous afternoon.
The Coroner, returning a verdict that the deceased hanged himself whilst
the balance of-his mind was temporarily disturbed, said “I have no doubt
that if those people he had been talking to had, instead of having an
alarmist conversation, had a conversation of a rather happier type, the
deceased would not have done what he did”.
Mrs. Mary Elizabeth Emma Baker, wife of the deceased, said her husband’s
health had not been good lately and he had been attended by Dr. E.E.
Claxton for some time He was 64 years of age. During the last two months
he had been very worried with regard to the war.
The Coroner: When you say he had been worried principally about the war,
what do you mean?
Witness: Yesterday he went out before lunch. When he came back he said
he had been talking on the Leas to somebody and the idea played on his
mind that we had lost the war.
Do you mean he seemed to be worried by what people had been saying to
him? -Yes, definitely.
Has he at any time threatened to take his life? - Never. He is the last
man I should ever have thought would have done such a thing.
Continuing, witness said she talked to her husband after lunch and then
interviewed a visitor regarding a young evacuee. Later she went upstairs
to dress. She went into the bathroom where she saw a chair in the middle
of the room. She went to close the window and on glancing round saw her
husband’s feet m the bath; he was in an upright sitting position. She
went out to fetch her son-in-law and went back to the bathroom with him.
She then noticed there was a rope round her husband's neck, fastened to
a water pipe over the bath. Her son-in-law untied the rope and took her
husband down. Her husband was depressed about the last war. Yesterday he
seemed more depressed than ever.
William Edwin Creasey, licensee of the Forester’s Arms, said he was Mr.
Baker’s son-in-law. The deceased had been living with them for about
nine years. His health had not been good for the last two years and he
had not been himself. He used to sit about taking no notice of anything
but thinking deeply. Yesterday he was more depressed than ever. He told
witness that someone on the Leas had been talking to him about the war.
He said they had told him that the Germans had rubber boats and could
land thousands of men in England. For some time he had been very
pessimistic about this country’s chances of winning the war. About 5
o'clock yesterday afternoon witness heard two screams, one apparently
from his mother-in-law and another from his wife. He rushed indoors and
his mother said “Quick, father is in the bath”. He rushed upstairs and
found his father-in- law sprawled in the bath. A rope suspended from the
water pipe was round his neck. Witness unfastened the knot as quickly as
possible and attempted to revive the deceased. A chair, usually by the
wash hand basin, was beside the bath.
The water pipe was about eight feet six inches from the floor. The
deceased must therefore have got on something to tie the rope round the
pipe.
Dr. E.E. Claxton of Manor Road, Folkestone, said he had attended Mr.
Baker for about two and a half years. During the last six months he had
been going to see deceased each week. He had been suffering from chronic
bronchitis and cardiac failure. Witness had got to know the deceased
very well; they always used to discuss the news. Mr. Baker used to ask
him what he thought of it and he used to try to give an optimistic slant
to it. “He always took what one said very seriously and you could either
leave him very cheerful or very despondent”, witness added.
Coroner: I take it he was the sort of man one should always put the
brighter side to, never the darker.
Witness: Undoubtedly.
So he would be considerably affected by someone who might tell him we
had lost the war and the Germans were going to land thousands here in
rubber boats? - It would distress him intensely. It would also cloud his
judgment.
Continuing, witness said he was called to deceased’s house yesterday at
about 5.30 p.m. Mr. Baker was lying on the floor and a policeman was
applying artificial respiration. Mr. Baker was already dead. There was a
mark on his neck suggesting strangulation. The face was also suffused.
The cause of death was asphyxia due to hanging. Referring again to the
conversation which deceased had had in the morning, Dr. Claxton said "If
a wicked person said such things he would take it to heart and would not
be clear in his judgment”.
The Coroner: It would be liable to upset his mental balance?
Witness: Absolutely.
The Coroner said it seemed a very great pity that people should make
such remarks when they were particularly asked not to make them and
there was no occasion that they should be made. He returned a verdict as
stated.
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Folkestone Herald 24 April 1943.
Local News.
At Folkestone Police Court on Wednesday music licences for radio
installations were granted in respect of the Foresters’ Arms and the
Star and Garter.
Alderman R.G. Wood presided with Alderman J.W. Stainer, Mr. P. Fuller
and Mr. P.V. Gurr.
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Folkestone Herald 15 February 1964.
Annual Licensing Sessions.
Transfer of licence was granted for the following application: Foresters
Arms, from Mr. W.E. Creasey to Mr. Alfred W. Hammond
Note: This does not appear in More Bastions.
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Folkestone Herald 24 June 1983.
Advertising Feature.
Anyone walking into the Red Cow pub in Foord Road after a few months'
absence could be forgiven for wondering if they were in the right place
For what before Christmas was a basic spit 'n' sawdust local has been
transformed into an attractive and elegant hostelry set to compete with
some of the smartest places in town. The original public and saloon bars
have been knocked into one and a special eating area has been set aside.
In fact the whole pub has been modernised and improved, but with the
installation of false beams and the carefully selected decor, the
atmosphere is very much one of bygone days.
Landlord and landlady Geoff and Joan Biggs are delighted as are their
regulars and an ever increasing number of new customers. But for them
the virtual overnight transformation of the Red Cow marks the end of a
long, long wait. Fourteen years ago the couple, who have been in the
licensed trade since 1938, ran the old Foresters Arms in Shellons
Street, Folkestone. It was a thriving business, regularly packed and
serving umpteen lunches every day. But their success was short-lived. A
compulsory purchase order forced them to move and they took over the Red
Cow with high hopes of improving it. They made repeated requests to the
brewery but it was 13 years before they got the go-ahead for their
new-look pub. “People have to pay a lot of money for drinks these days.
It is only right that they get something a little bit special in
return”, says Geoff.
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Folkestone Herald 9 September 1983.
Local News.
A pub landlord has died after a lifetime in the licensed trade. Mr.
Geoffrey Biggs, landlord at the Red Cow in Folkestone's Foord Road, died
in the early hours of last Thursday, apparently from a heart attack. His
death at the age of 63 came as a shock to his wife Joan, son Stephen,
daughter Vicky and many friends. He had been a publican in the town for
nearly 20 years. Mr. Biggs had been landlord at the Red Cow for 15
years. Before taking over he was at the Foresters Arms in Shellons
Street, Folkestone. He and his wife have wanted to improve the Red Cow
since they first moved there and in June their dreams came true when
modernisation work was completed. Well-known in the town, Mr. Biggs was
heavily involved in the darts leagues. A funeral service takes place
today at Hawkinge.
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LICENSEE LIST
MEADOWS Mary Anne 1850s
HALL Thomas c1857-58
SWAIN William H 1858-71
(age 53 in 1871)
HARTLEY John 1871-83
JACKSON Harry 1883-91
LE FEVRE Matilda 1891-92
COOK George Ruben 1892-98
COOK Amelia 1898-99
DALTON Edgar 1899-1900
AUSTEN Albert J 1900-12
OVERTON Charles P 1912-31
ELERS Mrs Kate L 1931-38
ELERS Kate 1931-38
CREASY William 1938-41
CREASY Gladys 1941-46
CREASY William 1946-64
HAMMOND Alfred W 1964
CREASY Philip 1964-69
BIGGS Geoffrey 1969-70
From Melville's Directory 1858
From the Post Office Directory 1862
From the Post Office Directory 1874
From the Post Office Directory 1882
From the Post Office Directory 1891
From the Kelly's Directory 1899
From the Post Office Directory 1903
From the Kelly's Directory 1903
From the Post Office Directory 1913
From the Post Office Directory 1922
From the Kelly's Directory 1934
From the Post Office Directory 1938
From More Bastions of the Bar by Easdown and Rooney
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