DOVER KENT ARCHIVES

Sort file:- Canterbury, September, 2020.

Page Updated:- Sunday, 20 September, 2020.

PUB LIST PUBLIC HOUSES Paul Skelton

Earliest 1838-

Good Intent

Latest 1862+

Artillery Street (Mummery Square 1838Stapletons Guide)

Canterbury

 

Not a lot known about this pub, not even the number in Artillery Street, only that it has so far been traced back to 1838. It was licensed by Arthur Marsh from between 1858 and 1862. 1874 does show a "Falcon" at number 26 in the same street, it could well be that one changed to the other. Unfortunately the street was heavily damaged during world war 2 and cleared for redevelopment in 1962.

 

From the Kentish Gazette, 16 May 1848.

IMPORTANT TO BURIAL SOCIETIES. CITY PETTY SESSIONS.

Before the Mayor, Wm. Plummer, Esq., and W. Mount, Esq.

HOPPER v. THE GOOD INTENT BURIAL SOCIETY.

This was a case of importance, involving the legality of some of the proceedings of burial societies. It occupied the court from eleven o'clock on Monday morning till nearly seven o’clock on Tuesday evening.

The complainant, Ann Hopper, claimed to recover the sum of 20, alleged to be due to her from the "Good Intent Society" at the death of her husband. Joseph Hopper, Solicitors, on the part of the complainant, Mr. Chipperfield, and on the part of the society, Messrs. C. Sandys and K. Walker. It appears from this decision, that no man can act as an agent in an insurance, who has not a pecuniary interest in the life of the person for whom he acts.

After the usual preliminary business was transited, Ann Hopper was examined by Mr. Chipperfield.

She deposed that she was the widow of the deceased, who was a member of the Good Intent Burial Society; he died on the 28th of February last; she obtained a certificate of his death. She had made
application to the society for the money due to him, and she applied on the 28th day of March for the money. She made application to Mr. Steed, the secretary, to acknowledge her as the widow of Joseph H Hopper. She made a claim for the sum of 20. The secretary said, in reply, that the deceased was not a fit member. Mr. Bullinger was there at the time they objected to pay the money. She had been married 40 years to Joseph Hopper. Her husband at one time received parochial relief; this was about eight months ago. It was because he was old, and failing, and not able to do much work. He was unable to work because he had a cough. He had had a cough for twenty years. She did not know it was an asthma till after his death. She never represented it to be asthma; would not swear that it was. She did not know that her husband had ever applied for a medical certificate to the Guardians of the Poor, for she had never heard him say so. She had known the pariah surgeon (Mr. Cooper) attend her husband for his cough. He first attended him about seven months ago. She did not believe he had attended him before, and she would swear that he did not receive relief in March, 1847. Mr. Buliinger was the first person from whom she had heard that her husband was a member of the club; he had asked her whether he should put him in as a member. She could not say for certain when this occurred, but she thought it was a little before last Whitsuntide. It was sometime in the summer, about this time twelvemonths. It was about April or May, 1847. She gave her consent, and told him he might do so if he pleased. He did not tell her what society it was, nor did she know it till after the death of her husband. Mr. Bullinger had put her husband’s name in the club, but she had never paid him any money for it. Her husband had never attended at the club, and had never paid anything towards it. He never even knew he was a member of the club, according to the best of her knowledge.

After some altercation between the counsel for the plaintiff and the counsel for the defendant, as to whether the witness’s husband was legally entitled to any claim upon the society, or whether he could properly be considered as a member of the society, inasmuch as he had never paid anything towards it, the examination of the witness was resumed.

Cross-examined by Mr. Sandys:— She did not know that her husband was a member of the club till after his death, and it was Mr. Bullinger who first told her so. He died on the 24th of February last. Mr. Bullinger did not tell her what club her late husband belonged to. Mr. Steed, the secretary, told her, when Mr. Bullinger told her that 20 was to he given between them; but nothing was said about how it was to be divided. Mr. Bullinger told her he should be paid, and so should she; and he would do it for the good of her as well as himself. She could not tell how it was to be paid out. They had not come to any agreement as to how the money was to be divided; she did not know what he was to have, but he was to have something for his trouble, and for what he had paid. Her son-in-law paid the expenses of the funeral. The secretary (Mr. Steed) had said that her husband was not a fit member, because he was ill when he entered the club. Mr. Bullinger was present at the time when Mr. Steed said so. She did not think any conversation took place between him and the directors. Mr. Steed said that he had given Bullinger a book, which he had at that time. She had never seen it except in Bullinger’s hands. She had never heard the secretary taken to task because he had not given the book of rules into the hands of the defendant; but she recollected that Mr. Bullinger had said he had given the book.

Mr. Sandys here referred to one of the Society’s rules, which excluded all the parties from receiving any benefit to which they would otherwise be entitled, if it should afterwards be proved that any false statement respecting the age or health of the member had been made. This was a rule which it was necessary to enforce, for the protection of the club; and therefore it was evident, that Mr. Hopper had not been entitled to any benefit therefrom, nor could he be considered as a fit member.

Cross-examination resumed.— She said her husband had been ill six weeks with the dropsy, not six months. She did not hear it said that her husband had not been fit to be a member in consequence of being ill for so long a time.

Mr. Sandys:— According to your own evidence he was not fit to be entered a member of the club.

The learned gentleman then observed, that the Court was well aware of the fraudulent practices which had for a long time prevailed in this city respecting burial societies, and he was determined to expose them.

Witness:— They had refused to pay her 20, on the ground that her husband was not a proper member.

She had seen Mr. Davey about the register. He got his information from her daughter, who had told him the truth. Her daughter gave him the date of the day on which he died, which was the 28th of February last; she gave the name of Joseph Hopper. He was 67 years of age. She believed the cause of his death was stated to be dropsy and asthma. He had never had any attack of dropsy till within two months before his death.

Cross-examined by Mr. Walker:— Was living at Westgate, in Kerby’s Lane, at tbe time of her husband’s death; and she did not know that he had been a member of this society until eight days afterwards, when Mr. Bullinger sent for her to his house. But he did not even then tell her what club her husband was in; neither did be tell her the amount of money which would be due to them. The secretary said, that if a certificate of death was produced, he would give her the money. Mr. Bullinger did not tell her, when he saw her in the morning, that he had made a previous application to the club on her behalf. He did not tell her that when he had applied to the society they had refused to pay the money, but he said it was necessary to get a certificate. She never applied for it herself, but her son-in-law did. She had never herself sent notice to the club of his death. He died and was buried in Westgate, and her son-in-law paid the expenses of the funeral. Previously to her going to the society Mr. Bullinger had told her that the secretary would not pay anything without the widow applying with him. This was the 28th of March. Her husband died on the Monday, and was buried on the following Sunday. She had made no application for the money, except what she made jointly with Mr. Bullinger. Her son-in-law, George Green, employed as attorney by her direction.

By the Court, at the request of Mr. Sandys and Mr. Walker:— A month before last Whitsuntide she had authorised Bullinger to put her husband in a burial club, and he afterwards told her he had done so. He had been at work some tide before his death.

A discussion on several points of law between the opposing attorneys here took place, the attorney for the defendants arguing that there could be no real agency in this case, for Mr. Bullinger was an interested party; and, besides, Mrs. Hopper did not know that her husband had been a member till after his death.

Stephen Marsh, examined by Mr. Chipperfield, deposed, that he lived in the parish of St. Mary, Northgate. He knew Samuel Steed, the defendant, who was the secretary of the society. He knew that Samuel Hopper was enrolled a member of the society on the 16th day of November, 1847.

George Green, examined by Mr. Chipperfield:— He is a labourer; the deceased, Joseph Hopper, was his father-in-law. When he first heard the money was refused, he thought it curious they should entertain the claim for three weeks, and refuse it afterwards. He called on them on the 29th of March, the day after the claim was refused. He went to the president, at his house in Union Street, and asked him why the money was refused; and he said he did not know. He said he believed it was on account of the state of his health.

He then produced the certificate of his health from Mr. Cooper. The president told him he was very sorry the money was refused, which it would not have been if they had been in the position which they ought to be. He stated that they ought to be in a condition to pay two or three debts to get out of trouble, but it was necessary to make a quibble to set all right, and they might as well go before the magistrates first as last. They had repeatedly asked Mr. Steed to come and settle with them, but he would never bring the books. He knew Hopper very well; he worked when he could get work to do. He was old and infirm, but before Christmas he was in as good a state of health as he ever was before. Under such circumstances they are received into burial clubs. He died of dropsy, and not of asthma.

Cross-examined by Mr. Walker:— He knew Hopper about 14 or 15 years ago. Could not recollect when he first had the asthma, or when he first noticed it. He had been a failing man ever since be knew him. He once broke his leg, and never did any hard labour after that; he was not fit to do a hard day's work in consequence. He had heard that he received parochial relief, and also medical relief two or three weeks before his death.

William Bullinger examined:— He deposed that he knew deceased, and that he had been a member of the Good Intent Burial Society. He also knew Mr. Steed, the secretary of that society. He had a conversation with Mrs. Hopper, and she authorised him to put her husband it the club. he then spoke to Mr. Steed about getting him in the club. He was to receive the usual remuneration for his trouble; could not say how much that was. He had paid 19s. 6d. for previous costs, and no agreement had been entered into for remuneration for his trouble.

By Mr. Chipperfield:- Before he saw Steed he had a conversation with Mrs. Hooper, and she authorised him to put her husband in the club.

By Mr. Sandys:- It was for the benefit of Hopper's family that he put his name down. He himself was also to be remunerated for his trouble, but he had never made any particular statement as to the sum he should receive; that would depend upon how the parties afterwards agreed. I fact, the amount was to be settled between Mrs. Hopper and himself.

A letter was here produced in the hand-writing of Mr. Bullinger, setting forth his claim upon the club for the money. He said he did not think they would be as stringent in acting up to the rules, after the expense which he had been put to!

Cross examination resumed:— He had never read the rules; but he might have just cast his eye over them!

He thought Mrs. Hopper was present when the certificate was read, but he was not sure. He sometimes saw Hooper two or three times a week, but he had not been in the habit of conversing with him; he was not a member of the club himself.

The Attorney for the Plaintiff here contended that the insurance was void from its illegality. It was not a legal one, inasmuch as the agent for the plaintiff had not a pecuniary interest in the life of the deceased.

The Court then adjourned until ten the next day (Tuesday).

SECOND DAY.

The proceedings re-commenced at ten o'clock in the morning. Mr. Walker was prevented by other professional engagements from attending, and Mr. Sandys addressed the Court on behalf of the defendants.

He took his stand upon the informality and illegality of the insurance presented to the Court. It was entirely a gambling speculation, and had been effected contrary to the regulations of different acts of Parliament, and there was no legal evidence of the insurance. The policy was also void on another point, for it had been effected by fraud, inasmuch as the party was not in a good state of health when he was admitted a member of the club, which was contrary to the rules of the society. No money could therefore be recovered, in point or law, because it was attended with an illegal consideration. His learned friend had not called any medical man to prove the health of Mr. Hopper, he knew better than to do that; but a man who claims money at his hands is bound to prove that he it entitled to receive it.

The chief magistrate here observed that be thought it was very evident that the third rule decided the case.

Mr. Sandys said there was no evidence of the insurance having been effected at all; for that would depend upon the interpretation of the acts of Parliament of the 9th and 10th Victoria, passed in July, 1846, for the regulation of clubs. The certificate was to the effect that Joseph Hopper had been admitted a member on the 16th of November. Now, the question was whether he had been a legally enrolled member or not! For he had never expressed a wish to be a member. The widow said in evidence that her husband never knew he had been a member; neither was she herself aware of the circumstance until after his death! His learned friend must see the weakness of his case; for he well knew that Hopper had never paid a single penny to the funds of this society. The evidence of the widow’s son-in-law, Mr. Green, was also exceedingly important. He said, he believed him to have been a little asthmatical, and moreover that he had been a failing man ever since he knew him. Now, here was a man afflicted with an incurable disorder, and consequently could not have been in good bodily health a few months ago, after having been ill so many years. The fifth rule had not been complied with, for either the representation was false or there had not been one; and in either case would fail. Now he claims to be a member under the 6th class; and he is either a member under that class or he is no member at all. A man of 67 years of age must be enrolled in the fourth class; but the 6th class represents a man between 75 and 80, and therefore he cannot claim on that certificate. The learned council then severely animadverted upon the conduct of Mr. Bullinger and said that in the event of his obtaining the 20, he would have kept 19 19s. 6d. in his pocket, and would have given the widow the rest. He denounced the affair; and submitted that the insurance could not be a valid one inasmuch as the agent had no interest in the life of the person insured.

George Crowe, a publican, Westeate Without, was then examined by Mr. Sandys. His deposition went to prove the continual ill health of Hopper. To his knowledge he had laboured under severe illness from asthms during the last three years and a half, and during the hot weather of last summer he could not lie in bed.

Mr. Bodkin was then examined, who deposed to the same effect as the last witness.

Mr. Cooper examined:— He is medical officer to the Canterbury Workhouse. He deposed that he had attended the deceased on several occasions, and gave it as his opinion that asthma seldom shortened life,  although it was a formidable disorder. He also attended him in February last. Dropsy was the immediate cause of death, accelerated by pre-disposition to asthmatical affection.

Mr. Steed, the secretary, underwent an examination by Mr. Sandy, and Mr. Chipperfield. His evidence afforded a very convincing proof of the incorrect end discreditable way in which the business of some clubs is managed. It appeared that Bullinger was employed by him to procure members for the the. Nothing very material, however, was elicited from his evidence, except an expose of a letter in his hand-writing, recommending the enrolment on the club books of several old people above 75 and 80 years of age, one of whom was an infirm old lady.

Mr. Chipperfield then rose; he said, that he was rather surprised at the inconsistency of his trained friend in affecting so much virtuous indignation of the conduct of Bullinger, in so severely animadverting upon his evidence, and in exercising such calm equanimity when his own witness, the Secretary of the Society, was
examined, and especially after the very creditable disclosures made by him. But he would beg to call the attention of the Court to the following considerations in reply to some of his learned friend's observations. In the first place there could be no question that Hopper had been a bona fide member of the Society, because he had been accepted by the Secretary, and duly enrolled as a member, having previously received a certificate of health from a medical man who had but recently attended him. Mr. Bullinger also was his agent, and had paid the money for him out of his own pocket. With regard to the question of health, he had the authority of a medical gentleman for stating that although asthma was a formidable disease, yet it does not materially shorten life; and during its intervals a man may be in tolerable health. The learned gentleman here quoted several precedents in the celebrated Lord Mansfield's decisions, who had given judgments in favour of the plaintiffs in questions connected with the insurance of lives. His learned friend, the counsel for the defendants, had been occupied for a number of hours in cross-examining the witnesses, which he had done with great prolixity, and almost unexampled minuteness of detail, combined with great talent and skill; consequently he found himself placed in a very disadvantageous position, being under the necessity of replying seriatim to so many points advanced by his learned friend, at this very late hour. Under these circumstances he requested that the Court would consent to a further adjournment of the case till the following day.

The Magistrates replied that the Court could not consent to a further adjournment; for the proceedings had already occupied the greater portion of two days; and the principal aim of the advocates seemed to be, in their cross-examinations, to expose the proceedings connected with those societies, instead of eliciting only sufficient evidence for the settlement of the case.

The Magistrates then withdrew, and on their return decided that, according to Act of Parliament 14 Geo. III, cap. 48, the insurance was not valid, because the party effecting the insurance had no interest in Hopper’s life; beside, it was evident that neither Hopper nor his wife knew anything about the affair; and it was considered to be a gambling affair altogether. The information was therefore dismissed. They regretted to see the way in which these societies were conducted; and ordered each party to pay its own costs.

 

From the Kentish Chronicle and General Advertiser, 18 January, 1862. Price 1 1/2d.

WEDNESDAY. STEALING BEEF.

Patrick Feely and John Brennan, privates in the 8th Hussars, were charged with stealing 42lbs. of beef, the properly of James Dixon.

James Dixon:— I am a butcher, living in Northgate-street. The leg of beef produced is my property; I can swear to it, because it has a piece cut off, and which was done by myself on Sunday morning last. The value of the beef produced is about 26s. I did not miss the beef till I was asked by the policeman on Monday night whether I had lost anything. I last saw it safe about ten o'clock on that night.

Andrew Kennedy:— I am a draper's assistant, and live in Union-street. About half-past ten on Monday night, I was coming up Albion place, Broad-street, when I saw two soldiers with what I thought was a large bundle. I met a boy named Ratcliffe, and as I thought all was not right, I told him what I had seen. I had previously seen the soldier throw the bundle into a garden. I then went home, and come out again directly. I then ran round Artillery-street, and went into Albion-place again. When I got there, I met Ratcliffe, who had his brother with him. I also passed one soldier at the top of Albion-place. It was the prisoner Brennan. No one was with him then. When we were together I told the Ratcliffes where I saw the soldiers throw the bundle.

I believe the prisoners are the men I saw first with the bundle; but I will not swear that they are. I then went and looked in the garden, and saw the meat. The prisoner Brennan was standing about four yards away from the meat. I went and gave information to P.C. Alderton.

Mr. Austin:— Was the meat deposited in the garden not wrapped up.

Witness:— Yes, sir.

By Brennan:— I saw you first at the top of Albion- place. There was no one with you. You had no girls with you.

Arthur Marsh:— I am the landlord of the “Good Intent.” From what my daughter told me, about half past ten or a quarter to eleven, I went to go down the passage called Albion-place, lending to my garden. The two prisoners were then coming up the passage. I went back into my house, and the prisoners were then in my tap room. I put my hat on to go down to the garden with a man named Waterman, and found the piece of beef produced. While we were there I heard some soldiers at the top of the passage say, “Go down and take it away from him.” They used very bad language. When we had found the beef I said to Warman, “You collar the beef, and if anyone attempts to interfere I will knock them down, so I will go in front.” When we got to the top of the passage the prisoners were there. They then had an artilleryman and some girls with them. I went indoors with the beef, and the prisoners came in, and Feely said, “What are you going to do with the beef?” I said, “Find an owner for it.” They then said, “Eat it up and make it right with us,” or something to that effect. I cannot swear that they were the very words they used. I replied, “It is not yours to give me.” They then said, “Give it to us,” and I replied, “It is not mine to give you, more then it is yours to give me.” It appears to me as if some one has put it in the garden, and the question is, who put it there?” They then began to crowd a about the door, and I said, “It seems to me that somebody knows about it, and is gone for a policeman.

They then left my house, and ran up Artillery street as quickly as they could. I gave the beef into the hands of the police.

The Mayor:— Do I understand you that you saw them in your house before you went into the garden?

Witness:— Yes, Sir.

Cross-examined by Brennan:- I met you at the corner.

Rosa Sophia Marsh, aged eleven:— I was going to a shop on Monday night, about half-past ten or a quartet to eleven o’clock, when I saw the two prisoners go down Albion-place with a 1arge bundle. I thought they had committed something wrong, so I went back and told my father. I then went to the shop, and on my return they were in the tap-room, I know Feely by his hair being cut so short, and I know the other prisoner by his curly hair.

By the Bench:— It was a moonlight night, and as they hurried by me I took particular notice of the prisoners’ hair.

The Bench doubted whether the nature of the prisoners’ hair could he seen when their caps were on. They were therefore ordered to put their caps on, which they did, and the hair of each could be distinctly seen. The Bench being satisfied that she could only see the hair by passing on the left-hand side of them, ordered the prisoners to take their caps off, and asked the witness on which side she passed them, to which she answered. “They passed me on this side,” pointing to her right arm.”

_____ Ratcliffe:- On Monday evening I saw the prisoner Feely standing about four yards away from the meat.

Mr. Austin:- Why, this witness, instead of confirming what Kennedy told us, tells us that it was Feely who stood near the meat.
The Superintendent of Police here asked for a remand till tomorrow.
The magistrates, after a few minutes consultation, discharged both prisoners, telling them that if any fresh evidence can be brought against them, they are liable to be brought up again.

 

LICENSEE LIST

COOPER James 1838+ Stapletons Guide

AIANO Charles 1847+ Bagshaw's Directory 1847

MARSH Arthur 1855-62+ Post Office Directory 1855Melville's 1858Post Office Directory 1862

PINCHES H 1867+

JONES Cornelius 1871+ (age 39 in 1871Census)

https://pubwiki.co.uk/GoodIntent.shtml

 

Stapletons GuideStapleton's Guide 1838

Bagshaw's Directory 1847From Bagshaw Directory 1847

Post Office Directory 1855From the Post Office Directory 1855

Melville's 1858From Melville's Directory 1858

Post Office Directory 1862From the Post Office Directory 1862

CensusCensus

 

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