From the Kentish Gazette, 13 December 1842.

QUEEN v. FRIEND.

(Before Wm. Clarke, Esq., Mayor; G. Graham, W. Coleman, J. B. Knocker, W. P. Elsted, L. Stride, and — Jarvis, Esqrs.)

Joseph Friend, the landlord of the "Olive Branch," Queen's Gardens, Dover, was summoned by the Excise, upon an information for selling one pennyworth of tobacco without a license, under the the Geo. 4th, c. 8. sec. 26.

William Rose, officer of Excise deposed, that on the 10th of September last he bought a pennyworth of tobacco of Mr. Friend (about six or seven o'clock in the morning) for which he paid one penny, had a pot of beer and a biscuit and cheese, for which he paid four pence and one penny, and afterwards gave him one penny for the tobacco.

Cross-examined by Mr. Wm H. Payn, solicitor for the defendant.— Was not dressed as he now appeared, he then had on a velvet shooting coat of a light colour. Defendant did not demand one penny, but he put out his hand and received one; did not know where the defendant took the tobacco from, but he went to the bar on witness asking for it. Would swear that he did not say "Give us a penn'orth of tobacco" in a slang way, nor did he say "Let me have a penn'orth"; did not push the penny into defendant's hand.

William Bayford, Supervisor of Excise deposed, that defendant had no license, his last expired on the 6th of July last.

George Beale proved that he had a conversation with the defendant, and told him that he must not sell without a license. He told him he did not intend to do so.

Stephen Hobbs labourer deposed, he was present when the officers came in, and heard the officer say "Give us a penn’orth of tobacco." That on the 10th of September he inquired of defendant for some tobacco, who told him he had not got any; he was compelled to leave the house and purchase some at Mr. Harvey's, chemist.

William Bass, cordwainer deposed, that on some day previous to the 10th of September, defendant refused to sell tobacco, not having a license.

Another witness deposed to the same fact, of defendant having refused to sell tobacco, stating to him that he had no license.

Mr. W. H. Payn submitted that for the purpose of conviction under the Act, the sale of tobacco must be clear and distinct sale—a sale not by implication. In the present case the officer acknowledges that defendant did not demand or ask for a penny. He certainly stated that he held out his hand, but this might not be construed into demanding, merely to receive something that the officer thought proper to give; it was quite certain that the desire to give was strongly impressed upon the officer to complete the case against the defendant. He might have given him half-a-crown or half-a-sovereign, but this would not be a sale, simply a gift, and as such, would not warrant a conviction under a penal statute, imposing so great a penally as £50. The Queen ought to be satisfied with her revenue officers for the active manner in which they got up the case, which, however, was evidently a trap to ensnare defendant. The revenue did not materially suffer, and when it was considered that a caution had been given by the Excise, and proved by the evidence of witnesses that he had actually refused to sell tobacco many times in consequence of his not having a license; it would he considered that he would not so commit himself as to sell tobacco as stated. He considered it only as a gift to a customer. The whole would then be left to the consideration of the Bench, who he trusted would deal as mercifully as the circumstances warranted.

The Mayor stated to defendant that the Bench had given the case their consideration, and after the able and learned defence made on his behalf by Mr. Payn, they considered it their duty to convict in the penalty of £50, but should mitigate it to one-fourth of that amount, £12 10s; and trusted that he would not be guilty of the same offence again.

Kentish Gazette, 21 December 1852.

Fatal Occurrence in Worthington's—lane.

At noon on Thursday an accident, resulting in the death of a little girl named Emma Carlton, aged nine years, residing with her parents in York-street, took place in Worthington's-lane. An enquiry to ascertain the circumstances attending the occurrence was instituted on Friday afternoon, at four o'clock, at the "Olive Branch Inn," before G. T. Thompson, Esq., coroner, when the following verdict was recorded:— "That deceased came by her death from injuries caused by being run over."

From the evidence elicited, it appeared that the deceased was carrying an infant brother from school to their home. In passing through Worthington's-lane, two horses attached to a cart were running furiously down the Military-road, and before the children could get out of the way, the animals and vehicle reached the lane, and knocked both the little creatures down, inflicting such injuries to the elder that death resulted in about three hours.

Before separating, the Coroner cautioned the driver to be more careful in future with his horses, and keep by them when using them.