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Snargate Street
Commercial Quay
The popular drink of the day was Sir John Barleycorn when Barzillia Birch served under this sign in Snargate Street in 1849.
Ellender had his life made miserable by his wife in 1843 however, as shown
from the passage below.
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From the Dover Telegraph and Cinque Ports General
Advertiser, Saturday 2 December, 1843.
ANOTHER MATRIMONIAL FRACAS
"WHAT TWA FULES WE BE!" - Mrs. Ellender of the "Lord Warden"
public-house, in Snargate-street, appeared upon a summons which she had
taken out against her spouse, to shew cause why he should not be bound
over to keep the peace. The squabble out of which this complaint arose
appeared to have taken place about a fortnight since; and although these
twain had been one upward of twenty years, and both of them certainly
past the meridian of life, yet they were fools enough to cherish the
"green-eyed monster" - mutual jealousy being the cause of all their
dissensions. Ellender said he wished to make his wife comfortable, which
she seemed determined not to be, and played the bench to bind him over.
Their worships, however, recommended them to settle their business
amicably; and if they could not live comfortably together, to separate
in a friendly manner.
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From the Dover Telegraph and Cinque Ports General
Advertiser, Saturday 5 January, 1850. Price 5d
DOVER PETTY SESSIONS
FRIDAY - Before the Mayor, and C. B. Wilkins, W. P. Elsted, and G.
Graham Esqrs.
Barzillai Birch (Lord Warden), Thomas Hobday (Ancient
Druids), and Stephen Minter (Royal Arms,)
were each charged upon information with three several offences:- 1st for
selling beer, 2nd for selling spirits, and, 3rd for selling tobacco, in
booths upon a certain ground on which a fair was recently held without
being licensed so to do. John Lewis, Esq. Collector of the license,
attended to watch proceedings; and the prosecution was conducted by Mr.
S. Chalk, the defendants being supported by Mr. Tapley. Birch was first
arranged, on the charge of selling beer. Mr. Goodall, of the Excise,
supported the information, and the evidence adduced being satisfactory
to the Bench, defendant was convicted on this charge in the mitigating
penalty of £5. The charge of selling spirits was then proffered against
Birch. Mr. Tapley took an objection to the information, on the ground
that the charge was not made either in the words or substance of the
Act, and that the negative exceptions had not been distinctly
enumerated. Several cases were cited in support of the objections; to
which Mr. Chalk replied by adopting citation in support of the
information. The Bench ultimately ruled that the objection was fatal,
and the charge was quashed. The charge for selling tobacco being about
to be proceeded with, Mr. Tapley stated that his client would admit the
charge; that the other defendants admitted the charges against them, and
the whole threw themselves upon the mercy of the court, and praying that
the magistrates in addition to conviction in the mitigating penalty on
all the offences, would recommend to the Board of Excise a further
mitigation, so as to reduce the penalty to £6 upon each defendant, as
had been suggested by the prosecution.
The Bench assented to the proposition, and judgement being taken on
all the cases the defendants were severely fined in the mitigated
penalty of £30, with the understanding that a recommendation would be
forwarded for a further mitigation as suggested.
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From the Dover Telegraph and Cinque Ports General
Advertiser, Saturday 13 April, 1850. Price 5d
DOVER POLICE COURT
Barzillia Birch appeared in answer to a summons charging him with
assault on Edward Harnett, in the employ of Mr. Simmonds, eating-house
keeper. From the evidence it appeared that on Friday, Birch had called
to Harnett, was was passing the house, and requested him to tell his
master to send a pound of beef to the "Lord Warden." In reply Harnett
used some indecent language, and Birch soundly boxed his ears, which
formed the assault complained of. From appearances we might have
supposed the Bench would have considered the chastisement justifiable;
but in what afterwards transpired, (shewing that an improper spirit of
rivalry had existed between Birch and Simmonds, in detailing which the
defendant made use of the most obscene language, which called forth
strong remonstrance from the Bench,) the conduct of Birch was
unfavourable to his cause, and he was fined 1s. and costs.
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Evidently the license was suspended in 1853, when the licensee was
summoned for the non payment of spirits.
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From the Dover Telegraph and Cinque Ports General
Advertiser, Saturday 21 May, 1853. Price 5d.
DOVER PETTY SESSIONS
Thomas Grant v. Barzillia Birch. - This was an action for the recovery
of £4 3s. 0d. for spirits supplied. Defendant admitted the debt, but
said that inability to get a license for his house had prevented his
paying for the goods; he was trying to let the house, and should be able
to pay the claim in 3 weeks. Common order, but not to be entered for 3
weeks unless suspicious circumstances warranted such a course.
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From the Dover Telegraph and Cinque Ports General
Advertiser, Saturday 23 January, 1858. Price 5d.
BOROUGH PETTY SESSIONS
William Taylor, Landlord of the "Lord Warden," Snargate Street, was
brought up on a charge of threatening to murder his children and set
fire to his house. From the statements made, it appears that when in
liquor Taylor was at times of most ungovernable temper; and yesterday,
while in one of those paroxysms, he conducted himself as described, and
the police were called in, by whom he was removed to the station-house.
the Bench considered the charge sufficiently proved to require Taylor to
find sureties for his good behaviour during the next three months; and
in default of his doing so, he was committed to prison.
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From the Dover Express and East Kent News, Friday,
25 January, 1867.
A TERRIFIED HUSBAND
Elizabeth Broadley, the wife of Mr. Thomas Broadley, of Hubert
Terrace, upon whose application the Magistrates had on the previous day
issued a warrant for the prisoner's apprehension, was placed at the bar
in custody of Police-constable Geddes, and called upon to show cause why
she should not be bound over to keep the peace towards her husband, who,
as he had alleged, went in bodily fear of her.
Mr. Broadley was not in attendance on the case being called on.
The police, in reply to the Magistrates, said they did not know where
to find Mr. Broadley. He was not staying in his own house, and from what
they had heard they believed he was lodging at the "Lord Warden," a
public-house opposite the Grand Shaft.
The Mayor said, that Mr. Broadley's solicitor (Mr. Elwin) had better
be communicated with, as he might know where to find his client, and the
case had better stand by for half-an-hour.
This was done; and at the end of the time stated Mrs. Broadley was
again placed at the bar. There was still no one in attendance to press
any charge against her, and the Magistrates therefore discharged her
from custody.
Just as she had quitted the dock Mr. Elwin walked into the Court, and
informed the Magistrates that sufficient time had not been allowed to
find Mr. Broadley.
The Mayor informed him that Mrs. Broadley had been discharged
from custody. It was Mr. Broadley's duty, he had intended to prefer a
charge against his wife, to be in attendance, as he was informed, on the
previous day, that the warrant would be returnable that (Saturday)
morning.
Mr. Elwin said he did not understand this.
The Mayor said it was so; and as Mr. Broadley was not in attendance
they had discharged his wife.
Mr. Elwin: Then Mr. Broadley, if he desires, must apply for a fresh
warrant.
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From the Dover Express and East Kent News, Friday,
19 June, 1868.
INFRINGEMENT OF LICENSE.
Walter James Birley, landlord of the "Lord Warden" public-house,
Snargate Street, was summoned for having unlawfully and knowingly
suffered disorderly persons to assemble in his house, contrary to the
terms of his license.
Mr. Fox appeared for the defendant, who pleaded not guilty to the
information.
At the request of Mr. Fox, the witnesses were ordered out of Court.
Sergeant Stevens said he visited the "Lord Warden" public-house on
the evening of the 10th inst., about ten o'clock. He was accompanied by
police-constable Bowles and Swaine. On entering the house he proceeded
to a concert-room situated at the back part of it, where he saw nine
women seven of whom he knew to be common prostitutes. There were almost
fifteen men in the room, soldiers and civilians. There was music and
dancing. He called the landlord aside, and asked hi if he was aware of
the character of some of the women in the concert-rooms. He said he was
not, when witness informed him that he had at least seven prostitutes
there, remarking at the same time that the assemble of such persons in
his house was forbidden by his license. The defendant rejoined that
there were plenty of other houses in town in which women of that class
were allowed to assemble. Witness remarked that a landlord was allowed
to supply such persons with refreshment, but was forbidden to harbour
them in the house. The landlord made no attempt to remove the women, and
witness then left the house. He again visited it, accompanied by the
same constables as before, shortly after eleven o'clock, and he again
found seven prostitutes in the same room, six out of the seven being the
same he had seen upon his first visit. He again drew the landlord's
attention to the fact, and he then said that if witness would point out
the prostitutes to him he would have them removed. Witness replied that
he could not possibly make any mistake, as all the women then in the
room were of improper character. Two or three of the women left while
witness was in the house, but the others remained, and the music and
dancing were still going on.
By Mr. Fox: The parties were partaking of refreshment on both
occasions. The landlord did not ask me to point the women out on the
first visit; not till the second. The landlord's father was present on
both occasions, but he did not ask me to point them out. It is possible
that either the father or the son remarked that they were strangers in
Dover, and did not know people.
Mr. Fox: I believe you were good enough to expound the law to them,
and to tell them what was lawful and what was unlawful?
Witness: I told them what I have already stated, that they were
permitted to serve women of this class, but not to harbour them in the
house.
Mr. Fox: Was anything said about other houses?
Witness: Yes, the landlord and his father both said there were plenty
of other houses in the town where prostitutes might be found.
Mr. Fox: I suppose you don't know anything about them?
Witness: I visited this house in consequence of complaints.
Mr. Fox: be good enough to tell me by whom the complaints were made?
Witness: I do not think I can.
Mr. Fox: You refuse?
Witness; Yes.
Mr. Fox: Then I must ask the Magistrates whether you are not bound to
answer the question. If you do not answer it, I must put my own
construction on your silence.
The Magistrates, after a short consultation, said they did not think
the witness was bound to answer the question put by Mr. Fox.
Mr. Fox said he was bound to submit to the decision of the Bench, but
he considered the circumstances a very unusual one. He would not ask,
then, who had made the complaint, but he thought he might venture to
enquire if the person lived within a hundred yards of the defendant's
house.
The witness said he had received complaints from more than one
person.
Cross-examination continued: I have no reason to believe that women
of improper character are kept in the house. The landlord's father told
me that only persons who conducted themselves properly were allowed to
remain in the house, and that he had had occasion to turn out some who
had misconducted themselves. Some of the women live in a brothel next to
the "Lord Warden," on the Commercial Quay side, and the keeper of the
brothel was the fiddler on this occasion. I saw no improper conduct on
the part of any person present, and there is no complaint on that score.
The present defendant has held the license about three months.
By the Bench: My attention has been directed to the "Lord Warden"
previously on account of disorderly conduct.
The evidence of Swain and Bowley was corroborative of Sergeant
Stevens's in all important particulars. Both the constables were
cross-examined at great length by Mr. Fox, but no different complexion
was put upon the more material facts.
Mr. Fox then addressed the Bench for the defendant, observing that he
trusted to prove to the Bench that there was considerable doubt whether
the defendant in this case had fallen within the terms of the
information. If he should succeed in doing so he had no doubt the
Magistrates would consider the defendant entitled to the benefit of such
doubt. He should show that when the police visited the house on the
first occasion the father of the defendant expressed his regret that any
persons of doubtful character should be found in the house, at the same
time observing that both he and his son were strangers to the town, and
therefore were unable to distinguish persons of indifferent character.
The defendant's mouth was closed, but his father would declare that the
women went away, and although some of them were found in the house upon
the second visit of the police, there was no evidence to show that they
did not go away, and re-enter without the knowledge of the defendant.
But whether the Bench should be satisfied that they went away, or not,
was to certain extent immaterial, for the defendant was charged with
knowingly allowing these persons to assemble. Of course the landlord was
bound to serve whatever customers might present themselves, and they
were entitled to claim a reasonable period in which to consume their
refreshment, and the Bench therefore in dealing with such a case would
give a fair construction to the term "assemble." He should submit that
an hour was not an unreasonable time for persons to remain in a house of
public resort for purposes of refreshment; and all that the police
relied upon was the fact of the persons being there. There was no
complaint of improper behaviour, nor was there any allegations that the
house itself was used for any disreputable purposes. The truth was that
Mr. Birley had a cantankerous neighbour who disapproved of the dancing,
and who had complained to the police on this ground and not at all in
the interests of morality. But dancing was no offence, and the defendant
was not summoned for permitting this pastime to take place. He was
summoned because females of indifferent character were found taking
refreshment in his house. But if this was the only point of complaint,
how many other houses might be made the subjects of an information? He
asked the Bench to deal with this case broadly, and to gibe the
defendant the benefit to which he was entitled from the honest desire he
had displayed to carry out the terms of his license.
Mr. Fox then called Joseph Henry Birley, father of the defendant, who
said he was present when the police came in on the night in question.
What had been called a concert-room was in reality a bar entered from
the Commercial Quay side of the house. On coming in at the Snargate
Street entrance the police went into two or three rooms, but found no
one in them, and they then proceeded to No. 2 bar, where there were
several women present. Stevens said seven of them were prostituted, and
on witness telling him that he and his son were strangers, and on
requesting him to point them out, Stevens refused. Ten women were
then assembled, and he (witness) was satisfied that five out of the ten
were respectable. The women left shortly after the police quitted the
house, and if they were found there afterwards they must have come in
again.
before leaving the witness-box, the witness put in some certificates
to character in respect both to himself and his son.
The Magistrates said they believed the defendant was known to be of
good character before taking the "Lord Warden," and but for his
circumstances the Bench would have dealt with the case in a very
different manner to that which they proposed to adopt. The Magistrates
had no doubt that the license had been infringed, but it appeared to
them that the defendant had unknowingly fallen into error, and he would
therefore be dealt with leniently. He would be fined in the mitigating
penalty of 10s., and the costs.
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From the Dover Express and East Kent Intelligencer,
11 September, 1868.
THE ANNUAL LICENSING DAY
THE LORD WARDEN, SNARGATE STREET
The license of the "Lord Warden" public-house, in Snargate Street,
was also suspended, this house having also been made the subject of
complaint by the inhabitants of the locality.
It was stated on behalf of the owner of the house (Mr. Evenden) that
a new tenant had been found.
The Mayor said that the Magistrates had resolved not to consider the
renewal of this license until they sat at Broadstairs. In the meantime
Mr. Evenden might communicate the name of the proposed landlord to the
Superintendent of Police with a view to ascertaining if there was any
objection to him.
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I do not believe that the license ever was renewed as I haven't come
across this pub after 1868.
LICENSEE LIST
ELLENDER 1843
BIRCH Barzillia 1849-53+
TAYLOR William 1857
MACDONALD or McDONALD John Patrick 1862-65
AMOS Henry 1867
BIRLEY Walter James Mar/1868-Jun/68+
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