11 (16) Beach Street
Folkestone
Above photo showing the "Queen's Head Hotel" on the right. The "Blue Anchor"
is central and on the left is the
"Providence Inn."
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This page is still to be updated.
From the Folkestone Observer 10 August, 1861.
DRUNK AND RIOTOUS
Thursday August 8th:- Before the Mayor, A.M. Leith and James Tolputt,
Esqs.
Bernard Carr, on Wednesday afternoon, about 4 o'clock, went into the
"Queen's Head" beer-house, Beach Street, and wanted a pint of beer; but
the landlord seeing that he was already too much beery, refused to serve
him. Ten minutes afterwards he came a second time to the house, and made
a disturbance, using obscene language. He was fined 5s and 6s costs, or
7 days' imprisonment. The fine was paid.
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From the Folkestone Observer 5 October, 1861.
A BEER SHOP BRAWL
Monday September 30th:- Before the Mayor, James Tolputt esq., and
Captain Kennicott R.N.
George Mercer was brought up on three separate charges viz.,
disturbance in a beer-shop, assaulting the beer-shop keeper, and
assaulting a policeman.
On the first charge, Richard Bailey, landlord of the "Queen's Head"
beer-house, in Queen Square, deposed that on Saturday evening last,
about 6 o'clock, the prisoner came to the house and called for a glass
of beer. He appeared at that time to be sober. He used the house till
nearly 9 o'clock. The latter part of the time he was quarrelling with
another man, and he stripped to fight. Witness went inside to quiet him,
and he then lifted his fist to strike him. Witness requested him to
leave off, and the other man got him away. This quarrelling and fighting
continued the greater part of an hour. He did not serve him with beer
while the quarrelling lasted. Witness went for the police.
The prisoner said he certainly did quarrel with another man, who had
challenged him to fight. The landlord drew a pot of beer for him within
two minutes of his going for the policeman.
The Bench dismissed the charge.
Evidence was then taken on the charge of assault on the landlord,
Bailey deposing that when he went inside to quiet the prisoner he
received a blow on his left eye from the prisoner's fist, the mark being
still visible. He was rather fresh; but he did not appear to be fresh
when he came into the house. In reply to prisoner the witness now stated
that he did not hit his eye against the door. Prisoner said that the
prosecutor was turning round to go out of the bar when he hit his eye
against the door. He drew another pint of beer after that and he
(prisoner) paid for it. He also drew for other parties. He then went out
to fetch a policeman.
In this case the prisoner was fined 1s. and 7s. costs.
On the third charge – resisting the police in the execution of their
duty – the evidence of the policeman was taken, and the bench then
inflicted a fine, with costs, that made a total amount of 20s., which
was immediately paid.
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From the Folkestone Observer 26 October, 1861.
DISORDERLY BEERHOUSE
Monday October 21st: Before Captain Kennicott R.N., and James Tolputt,
Esq.
Richard Bailey was charged with permitting drunkenness and
quarrelling in the "Queen's Head" beerhouse, Queen Square, on Friday
night, and was fined 5s. and 10s. costs.
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From the Folkestone Observer 30 November, 1861.
ASSAULTING THE POLICE
Saturday November 30th:- Before Captain Kennicott R,N., James Tolputt
and A.M. Leith. Esqs.
Richard Bailey, landlord of the "Queen's Head" beerhouse, Queen
Square, was charged with assaulting P.C. Reynolds in the execution of
his duty. Mr. Minter appeared for the defendant.
P.C. Reynolds said that on Thursday morning, at 10 minutes before one
o'clock, he was on duty in Queen Square, and saw that the gas was fully
lit in the "Queen's Head" beerhouse. Going to the window, he heard two
men talking, one of them calling for beer, and the beer engine going. He
knocked at the door, and the lights were then instantly extinguished. He
then called to Bailey, and after six or seven minutes he opened the
door. Remonstrating with him inside the house for not opening the door
quicker, and inquiring for the men who had been in the bar, Bailey who
had himself been drinking, used violent language, and struck him in the
chest. He shook his fist to witness a second time, but his wife and
daughter interfered. He could not find anyone in the house, but one room
was locked.
Mr. Minter cross-examined Reynolds, but failed to shake his evidence,
and then addressing the bench, he concluded by calling the daughter of
defendant, who said that angry words passed, but her father did not
strike Reynolds.
The magistrates considered the case proved, and fined Bailey 10s.
with 10s. costs.
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Kentish Express 7 December 1861.
Saturday Nov. 30:- Before Captain Kennicott R.N., William Major,
James Tolputt and A.M. Leith esqs.
Richard Bailey, landlord of the "Queen's Head" beer-house, Queen
Square, was charged with assaulting P.C. Reynolds in the execution
of his duty. Mr. Minter appeared for the defendant.
P.C. Reynolds said that on Thursday morning, at ten minutes before
one o'clock, he was on duty in Queen Square, and saw that the gas
was fully lit in the Queen's Head beer-house. Going to the window,
he heard two men talking, one of them calling for beer, and the beer
engine going. He knocked at the door, and the lights were then
instantly extinguished. He then called to Bayley, and after six or
seven minutes he opened the door. Remonstrating with him inside the
house for not opening the door quicker, and inquiring for the men
who had been in the bar, Bayley, who had himself been drinking, used
violent language, and struck him in the chest. He shook his fist to
witness a second time, but his wife and daughter interfered. He
could not find anyone in the house, but one room was locked.
Mr. Minter cross-examined Reynolds, but failed to shake his
evidence, and then addressing the Bench he concluded by calling the
daughter of defendant, who said that angry words passed, but her
father did not strike Reynolds.
The magistrates considered the charge to be proved, and fined Bayley
10s. with 10s. costs.
About 7 o'clock on the evening of the 18th ult., two privates of the
2nd battalion, 21st Fusiliers, lying at Shorncliffe, and who were
returning from the Fleetwood School of Musketry, went into the bar
of the Royal George Hotel in this town, and called for rum. The
barmaid, seeing they were already the worse for liquor, refused to
supply spirits, but offered any sort of malt liquor. This offer they
refused, and Private Cox then drew his bayonet, fixed it to his
rifle, and told the girl he would give her that; or if she did not
like that he had some ball cartridge he would give her. The other
soldier took up his belt and attempted to strike the civilians
present, but P.C. Swain, who had been sent for, after long
persuasion at personal risk, persuaded them to go off to the Camp.
They are now in custody for trial by district court martial.
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From the Folkestone Chronicle, 7 December 1861.
KENT WINTER ASSIZES.
William Pumfrey and Mary Pumfrey, husband and wife, were indicted
for robbery from the person with violence, at Folkestone.
Mr. Biron was for the prosecution. The prisoners were undefended.
The particulars of ease have already appeared in this paper.
Both prisoners were acquitted.
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From the Folkestone Chronicle 7
December, 1861.
CORONER'S INQUEST
Saturday November 30th:- Before Captain Kennicott R.N., William
Major, James Tolputt and A.M. Leith, Esqs.
Richard Bailey was brought up on summons, charged with assaulting
John Reynolds, a police constable, in the execution of his duty.
Mr. Minter appeared for the prisoner.
John Reynolds deposed he was a police constable. On Thursday morning
last, about 10 minutes to 1, was on duty in Queen's Square, saw the gas
lit up in the bar of the "Queen's Head" beer-house, kept by the
defendant; he went to the window, and heard two men talking close to the
window, heard one of them ask for beer and heard the beer engine going,
witness knocked at the door and instantly the light was put out. Witness
called out “Bailey, open the door” and after a delay of 6 or 7 minutes
defendant opened the door. Witness called three separate times before
the door was opened. Witness asked why the door was not opened at first,
and asked where the people were who were in front of the bar. Defendant
used violent language to witness, and struck him in the breast. He shook
his fist next at him, and then his wife and daughter pushed him back. He
appeared as if he had been drinking. Witness then left the house.
Searched the house, and found one room locked: found no person in it.
By the Bench:- I heard the voices of the men.
Cross-examined by Mr. Minter – Police constable Smith was at the back
door in Seagate Street when I knocked at the front door. There are only
doors front and back. Smith did not come into the house; did not see me
struck. Prisoner began to swear and struck me directly I got into the
house. I cautioned him against striking me, and told him to keep his
hands off. I went upstairs and down into the kitchen before he struck
me. I told defendant after this, I knew there were some men in the
house, but did not go upstairs twice to search it – Bailey said I was
too fast; his wife and daughter were there and put their hands against
defendant and pushed him away.
By the Court:- Smith did not come to my assistance. His wife saw the
first blow struck, but I can't say whether the daughter did or not. This
was the whole of the evidence.
Ellen Bailey, daughter of the defendant, was then sworn.
Cross-examined by Mr. Minter:- Remembered Reynolds coming to my
father's house on Thursday morning last; it was past 12. Saw him come
in. He went over the house twice; am quite sure he went over the house
twice; he stood in the passage after coming down the first time, and
said he knew there were people in the house, as he heard them call for
beer. I saw him when he came down the 2nd time, and then would not
believe but there was someone in the house. Some angry words passed, but
my father did not strike Reynolds.
Captain Kennicott said “From the evidence, Bailey, you appear to have
kept a very irregular house. We consider the assault to be proved. We
therefore fine you 10s. and costs 10s.” The fine and costs were paid at
once.
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Kentish Gazette 10 December 1861
Assizes, Tuesday, before Mr. Justice Williams.
William Pumfrey and Mary Pumfrey, husband and wife, were indicted
for robbery from the person with violence, at Folkestone.
Mr. Biron was for the prosecution.
Mary Reed, wife of a soldier in the 90th Regiment, said that on the
night of the 14th of September she was returning from the Camp at
Shorncliffe to Folkestone, when she met the female prisoner, who
begged alms of her. Prosecutrix gave her twopence. The male prisoner
then came up, thanked her for her gift, and pressed some
watercresses, a bunch of which she purchased for a penny.
Prosecutrix went on her way to Folkestone, and when she had gone
about half a mile further, the two prisoners overtook her. The man
struck her a blow on the ear, which knocked her to the side of the
road, and then knelt upon her while the female prisoner took 4s. 6d.
out of her pocket. They then went away, and prosecutrix continued
her journey to Folkestone, where she gave information of the
robbery.
William Keane said that on the 14th of September he was a police
constable at Folkestone, and on that day received information of the
robbery from the prosecutrix. He afterwards met the prisoners in the
High Street, and apprehended them on the charge, which they denied.
John Wilson, a private in the 25th Regiment, stated that he was
going from Sandgate to Folkestone on the night in question, when on
approaching the town, he heard a woman cry. On going to the spot he
found the prosecutrix there, who was crying and appeared to have
been ill-used. She complained of having been robbed by a man and
woman.
In defence the prisoners asserted that they had been in the company
of prosecutrix previously, when she spent her last penny on some
beer, and that so far from their molesting her, she had savagely
assaulted the female prisoner.
At the request of the jury the constable was recalled, and upon
being questioned stated that only 1s. 2d. was found upon the male
prisoner, and nothing upon his wife.
The jury immediately acquitted both prisoners.
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Maidstone Journal 10 December 1861.
Richard Bailey, landlord of the "Queen's Head" beer-house, Queen
Square, was charged at the Sessions on Saturday with assaulting P.C.
Reynolds in the execution of his duty.
Reynolds said that on Thursday morning, at ten minutes before one
o'clock, he saw that the gas was fully lit in the Queen's Head
beer-house. Going to the window, he heard two men talking, one of
them calling for beer, and the beer engine going. He knocked at the
door, and the lights were then instantly extinguished. He then
called to Bayley, and after six or seven minutes he opened the door.
Remonstrating with him inside the house for not opening the door
quicker, and inquiring for the men who had been in the bar, Bayley,
who had himself been drinking, used violent language, and struck him
in the chest. He shook his fist at witness a second time, but his
wife and daughter interfered. He could not find anyone in the house,
but one room was locked.
The magistrates fined Bayley 10s. with 10s. costs.
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From the Folkestone Chronicle 21 September 1861.
Police Report. Sessions Hall.
Monday, Sept. 16th. Before the Mayor, J. Kelcey, and W. F. BrowelL
esqs.
William & Mary Pumfery were brought up, charged with assaulting, and
stealing 4s. 6d from the person of, Margaret Reed.
Margaret Reed, being sworn, said, I am the wife of William Reed, a
private in the 1st batt 9th reg. On Saturday afternoon I went to the
brigade major on the camp, Shorncliff; he gave me 2s., the catholic
priest 1s. and other officers 2s., to support my eight children. I
saw the female prisoner in Sandgate, and gave her 2d, as she
appeared tired; she had a basket of water cresses. I was coming to
Folkestone about 8 p m., by the Upper Sandgate Road. The two
prisoners overtook me, as I was speaking to an officer's servant on
horseback. The male prisoner seized me by the throat, and threw me
down, breaking the bone of my stays by kneeling on my chest; the
female prisoner then took 4s. 6d. of my money out of my pocket. The
man swore at me, and said he would take my life before I should
reach the town. The prisoners were then remanded.
Before James Tolputt, Esq.
An order was made for the removal of Elizabeth Nash, a person of
unsound mind, to the Asylum at Camberwell house, Surrey.
Tuesday, Sept 17th:— Before the Mayor, S. Eastes, and W. F. Browell,
esqs.
The two prisoners Pumfery were again brought up, on remand.
P.C. Peel, said, on the information of prosecutrix he went in search
of the prisoners; he met the male prisoner in High street, and asked
him if be had come from Sandgate. He said yes, by the Upper road. He
then took him into custody, charging him with the robbery, and at
the station, where he was identified by the prosecutrix, he was
searched and 1s. 1d, found upon him. Ha said he was innocent. At the
"Queen's Head" public house took the female prisoner in charge, she
denied it and said she had been knocked down by the prosecutrix.
Went to the "Radnor" and found the stay bone produced broken as
described on the previous day.
John Wilson, deposed, I am a private in the 2nd battalion, 25th
regiment at Shorncliff. I was coming from Sandgate to Folkestone on
Saturday night about 5 o'clock. When near the town heard a woman
cry. Went to the spot and saw a man servant on horseback, he was
drunk, and abusing the prosecutrix. I left them and came towards the
town, when I met the female prisoner; she asked me if I had seen a
woman and a servant on horseback. I said I had. She told me as soon
as she saw her she would give her a thrashing. She then seized me by
the throat, and said "that’s the way I'd serve her." At the time I
met the prosecutrix she was bleeding at the mouth, and shewed me
some hair the prisoner had pulled out, and complained of having been
beaten and robbed by the two prisoners.
Prisoners were both committed for trial at the next assizes at
Maidstone.
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From the Folkestone Observer 15 February, 1862.
A BEERHOUSE OFFENCE
Richard Bailey, of the "Queen's Head" beerhouse, in Queen Square, was
then charged with selling beer between 12 and 1 on Monday morning, and
P.C. Smith proving the offence, he was fined 11s. and costs, in default
of payment a distress warrant to issue, or 7 days' imprisonment.
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From the Folkestone Chronicle 6 February, 1864.
SELLING BEER ON SUNDAY
Wednesday February 3rd:- Before James Kelcey and R.W. Boarer, Esqs.
Daniel Hall, landlord of the "Queen's Head," appeared on a summons,
charged by Supt. Martin with selling beer on Sunday morning last at a
quarter to 11 o'clock.
From the evidence of James Sackree Jnr. and James Sackree Sen.,
father and son, it appeared that they met each other on Sunday morning
last about half past ten, and going into defendant's house asked for,
and were served with, a pot of beer by the defendant himself, who took
4d for it; they went in at the back door, which a little girl unbolted
for them; there were seven or eight more persons there, who were all
drinking. Defendant made no defence, and was fined £1 and 12s 6d costs.
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From the Folkestone Observer 6 February, 1864.
SELLING BEER ON SUNDAY
Wednesday February 3rd:- Before James Kelcey and R.W. Boarer, Esqs.
Daniel Hall was summoned for selling two pints of beer on Sunday
morning, the 31st of January.
James Sackerie, mariner, living in Fancy Street, said: On Sunday last
I went out to walk with my child in the morning about half past ten. I
fell in with my father and asked if he was going to stand a pot of beer.
He said “Yes”, and we went into the defendant's house, the "Queen's
Head." My father ordered a pot of beer, for which he paid the defendant
(Hall) himself. This was between five and ten minutes to eleven in the
morning. The defendant himself took the order for the beer, brought it
in, and received the money for it. A man named Titmarsh caused a row,
and wanted me to fight. The defendant came in and told me not to make so
much noise, and then struck me in the face. There were seven or eight
persons there drinking beer besides us. We went in at the back door,
which a little girl unbolted and let us in. The front door was shut. We
saw several other persons go in and we thought we could go in as well as
them. We stopped there about half an hour.
James Sackerie, mariner, said: I met my son on Sunday morning last.
He asked me if I was going to stand a pot of beer. I said “Yes”. I
knocked at defendant's back door and a little girl came and unbolted the
door, and we went in. I called to the bar and the defendant brought me a
pot of beer, for which I paid him fourpence in coppers. We drank the
beer between us. This was between a quarter and twenty minutes to eleven
o'clock in the morning. My son and Tidmarsh had a few words, and Hall
came in and struck my son. There were six or seven other persons
present. There was beer on the table. We stopped in the house about
three quarters of an hour.
The defendant was convicted and fined £1 and costs 12s. 6d.
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Folkestone Observer 10 August 1861.
Drunk And Riotous.
Thursday August 8th:- Before the Mayor, A.M. Leith and James Tolputt
Esqs.
Bernard Carr, on Wednesday afternoon, about 4 o'clock, went into the
Queen's Head beer-house, Beach Street, and wanted a pint of beer; but
the landlord seeing that he was already too much beery, refused to serve
him. Ten minutes afterwards he came a second time to the house, and made
a disturbance, using obscene language. He was fined 5s and 6s costs, or
7 days' imprisonment. The fine was paid.
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Southeastern Gazette 24 September 1861.
Local News.
William Pumfrey, 39, and Mary Pumfrey, 45, tramps, were on Monday
charged before the Mayor and W. H. Browell, Esq., with committing a
highway robbery, on the Upper Sandgate Road, on Saturday evening.
Mary Reed stated that she was a soldier’s wife, and was returning from
the camp, when she met the prisoners. The male prisoner knocked her down
and pressed his knee on her chest, breaking her stay bone, while the
female prisoner put her band into her pocket and stole 4s. 6d. in
silver. They then made their escape. When prosecutrix screamed out a
soldier in the 25th Regt., named John Wilson, came to her assistance,
and found her bleeding from the mouth. She gave information at the
police station, and P.C. William Peel apprehended the prisoners, at the
Queen’s Head beerhouse, near the Harbour.
They were remanded to Tuesday, when Wilson, the soldier, confirmed the
evidence of the prosecutor, and the prisoners were committed for trial
at the next assizes.
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Folkestone Observer 5 October 1861.
A Beer-Shop Brawl.
Monday September 30th:- Before the Mayor, James Tolputt esq., and
Captain Kennicott R.N.
George Mercer was brought up on three separate charges viz., disturbance
in a beer-shop, assaulting the beer-shop keeper, and assaulting a
policeman.
On the first charge, Richard Bailey, landlord of the Queen's Head
beer-house, in Queen Square, deposed that on Saturday evening last,
about 6 o'clock, the prisoner came to the house and called for a glass
of beer. He appeared at that time to be sober. He used the house till
nearly 9 o'clock. The latter part of the time he was quarrelling with
another man, and he stripped to fight. Witness went inside to quiet him,
and he then lifted his fist to strike him. Witness requested him to
leave off, and the other man got him away. This quarrelling and fighting
continued the greater part of an hour. He did not serve him with beer
while the quarrelling lasted. Witness went for the police.
The prisoner said he certainly did quarrel with another man, who had
challenged him to fight. The landlord drew a pot of beer for him within
two minutes of his going for the policeman.
The bench dismissed the charge.
Evidence was then taken on the charge of assault on the landlord, Bailey
deposing that when he went inside to quiet the prisoner he received a
blow on his left eye from the prisoner's fist, the mark being still
visible. He was rather fresh; but he did not appear to be fresh when he
came into the house. In reply to prisoner the witness now stated that he
did not hit his eye against the door. Prisoner said that the prosecutor
was turning round to go out of the bar when he hit his eye against the
door. He drew another pint of beer after that and he (prisoner) paid for
it. He also drew for other parties. He then went out to fetch a
policeman.
In this case the prisoner was fined 1s. and 7s. costs.
On the third charge – resisting the police in the execution of their
duty – the evidence of the policeman was taken, and the bench then
inflicted a fine, with costs, that made a total mulct of 20s., which was
immediately paid.
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Southeastern Gazette 8 October 1861.
Local News.
Petty sessions: Before Capt. Kennicott, R.N., and Alderman Tolputt.
George Mercer was charged with making a disturbance in the Queen’s Head
beerhouse.
Richard Bailey, the landlord said that on Saturday evening last the
defendant was in his house from 6 till nearly 9 o’clock. During the last
hour he was very quarrelsome, and he went out for a policeman. Witness
had not served him with any beer for some time a.
The defendant said, defence that he certainly was quarrelling with
another man, who had challenged him to fight. The landlord had drawn a
pot of beer for him within two minutes of his going for a policeman.
Case dismissed.
A second charge was then made of striking Bailey, the landlord, in the
eye. Defendant denied having hit the landlord, and said that he received
the blow on the eye from suddenly turning against the edge of an open
door, as he was going out. Bailey said at the time that he should charge
him with striking the blow, but persons present said they did not know
whom he could have to prove it. It was five minutes afterwards that he
went out for a policeman, and meanwhile he had served him (prisoner)
with beer. He did not know that the landlord had gone for a policeman,
and he walked out of the house shortly after, and was very much
surprised to be taken into custody. He had no witness to prove his
statement.
Fined 1s., costs 7s.
A third charge was then preferred, of resisting and kicking the
policeman when apprehended. This prisoner also denied, alleging that the
officer had knocked off his cap and would not let him look for it, and
had also threatened to break his arm, and he did actually severely
handle him without cause.
The bench also thought this case proved, and brought up his fines and
costs to £1, which were paid.
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Folkestone Observer 26 October 1861.
Disorderly Beerhouse.
Monday October 21st: Before Captain Kennicott R.N., and James Tolputt
Esq.
Richard Bailey was charged with permitting drunkenness and quarrelling
in the Queen's Head beerhouse, Queen Square, on Friday night, and was
fined 5s. and 10s. costs.
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Folkestone Chronicle 7 December 1861.
Saturday November 30th:- Before Captain Kennicott R.N., William Major,
James Tolputt and A.M. Leith esqs.
Richard Bailey was brought up on summons, charged with assaulting John
Reynolds, a police constable, in the execution of jis duty.
Mr. Minter appeared for the prisoner.
John Reynolds deposed he was a police constable. On Thursday morning
last, about 10 minutes to 1, was on duty in Queen's Square, saw the gas
lit up in the bar of the Queen's Head beer-house, kept by the defendant;
he went to the window, and heard two men talking close to the window,
heard one of them ask for beer and heard the beer engine going, witness
knocked at the door and instantly the light was put out. Witness called
out “Bailey, open the door” and after a delay of 6 or 7 minutes
defendant opened the door. Witness called three separate times before
the door was opened. Witness asked why the door was not opened at first,
and asked where the people were who were in front of the bar. Defendant
used violent language to witness, and struck him in the breast. He shook
his fist next at him, and then his wife and daughter pushed him back. He
appeared as if he had been drinking. Witness then left the house.
Searched the house, and found one room locked: found no person in it.
By the Bench:- I heard the voices of the men.
Cross-examined by Mr. Minter – Police constable Smith was at the back
door in Seagate Street when I knocked at the front door. There are only
doors front and back. Smith did not come into the house; did not see me
struck. Prisoner began to swear and struck me directly I got into the
house. I cautioned him against striking me, and told him to keep his
hands off. I went upstairs and down into the kitchen before he struck
me. I told defendant after this, I knew there were some men in the
house, but did not go upstairs twice to search it – Bailey said I was
too fast; his wife and daughter were there and put their hands against
defendant and pushed him away.
By the Court:- Smith did not come to my assistance. His wife saw the
first blow struck, but I can't say whether the daughter did or not. This
was the whole of the evidence.
Ellen Bailey, daughter of the defendant, was then sworn.
Cross-examined by Mr. Minter:- Remembered Reynolds coming to my father's
house on Thursday morning last; it was past 12. Saw him come in. He went
over the house twice; am quite sure he went over the house twice; he
stood in the passage after coming down the first time, and said he knew
there were people in the house, as he heard them call for beer. I saw
him when he came down the 2nd time, and then would not believe but there
was someone in the house. Some angry words passed, but my father did not
strike Reynolds.
Captain Kennicott said “From the evidence, Bailey, you appear to have
kept a very irregular house. We consider the assault to be proved. We
therefore fine you 10s. and costs 10s.” The fine and costs were paid at
once.
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Folkestone Observer 7 December 1861.
Assaulting The Police.
Saturday November 30th:- Before Captain Kennicott R,N., James Tolputt
and A.M. Leith esqs.
Richard Bailey, landlord of the Queen's Head beerhouse, Queen Square,
was charged with assaulting P.C. Reynolds in the execution of his duty.
Mr. Minter appeared for the defendant.
P.C. Reynolds said that on Thursday morning, at 10 minutes before one
o'clock, he was on duty in Queen Square, and saw that the gas was fully
lit in the Queen's Head beerhouse. Going to the window, he heard two men
talking, one of them calling for beer, and the beer engine going. He
knocked at the door, and the lights were then instantly extinguished. He
then called to Bailey, and after six or seven minutes he opened the
door. Remonstrating with him inside the house for not opening the door
quicker, and inquiring for the men who had been in the bar, Bailey who
had himself been drinking, used violent language, and struck him in the
chest. He shook his fist to witness a second time, but his wife and
daughter interfered. He could not find anyone in the house, but one room
was locked.
Mr. Minter cross-examined Reynolds, but failed to shake his evidence,
and then addressing the bench, he concluded by calling the daughter of
defendant, who said that angry words passed, but her father did not
strike Reynolds.
The magistrates considered the case proved, and fined Bailey 10s. with
10s. costs.
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Folkestone Observer 15 February 1862.
A Beerhouse Offence.
Saturday February 8th:- Before the Mayor and W.F. Browell Esq.
Richard Bailey, of the Queen's Head beerhouse, in Queen Square, was
charged with selling beer between 12 and 1 on Monday morning, and P.C.
Smith proving the offence, he was fined 11s. and costs, in default of
payment a distress warrant to issue, or 7 days' imprisonment.
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Folkestone Chronicle 6 February 1864.
Wednesday February 3rd:- Before James Kelcey and R.W. Boarer esqs.
Daniel Hall, landlord of the Queen's Head, appeared on a summons,
charged by Supt. Martin with selling beer on Sunday morning last at a
quarter to 11 o'clock.
From the evidence of James Sackree Jnr. and James Sackree Sen., father
and son, it appeared that they met each other on Sunday morning last
about half past ten, and going into defendant's house asked for, and
were served with, a pot of beer by the defendant himself, who took 4d
for it; they went in at the back door, which a little girl unbolted for
them; there were seven or eight more persons there, who were all
drinking. Defendant made no defence, and was fined £1 and 12s 6d costs.
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Folkestone Observer 6 February 1864.
Wednesday February 3rd:- Before James Kelcey and R.W. Boarer Esqs.
Daniel Hall was summoned for selling two pints of beer on Sunday
morning, the 31st of January.
James Sackerie, mariner, living in Fancy Street, said: On Sunday last I
went out to walk with my child in the morning about half past ten. I
fell in with my father and asked if he was going to stand a pot of beer.
He said “Yes”, and we went into the defendant's house, the Queen's Head.
My father ordered a pot of beer, for which he paid the defendant (Hall)
himself. This was between five and ten minutes to eleven in the morning.
The defendant himself took the order for the beer, brought it in, and
received the money for it. A man named Titmarsh caused a row, and wanted
me to fight. The defendant came in and told me not to make so much
noise, and then struck me in the face. There were seven or eight persons
there drinking beer besides us. We went in at the back door, which a
little girl unbolted and let us in. The front door was shut. We saw
several other persons go in and we thought we could go in as well as
them. We stopped there about half an hour.
James Sackerie, mariner, said: I met my son on Sunday morning last. He
asked me if I was going to stand a pot of beer. I said “Yes”. I knocked
at defendant's back door and a little girl came and unbolted the door,
and we went in. I called to the bar and the defendant brought me a pot
of beer, for which I paid him fourpence in coppers. We drank the beer
between us. This was between a quarter and twenty minutes to eleven
o'clock in the morning. My son and Tidmarsh had a few words, and Hall
came in and struck my son. There were six or seven other persons
present. There was beer on the table. We stopped in the house about
three quarters of an hour.
The defendant was convicted and fined £1 and costs 12s. 6d.
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Folkestone Observer 1 July 1865.
Friday June 30th:- Before Captain Kennicott R.N. and James Tolputt Esq.
William Warman and Edward Warman, his son, were charged with assaulting
police constable Reynolds and resisting him in the execution of his
duty.
Police constable Reynolds said about half past twelve o'clock this
morning he was on duty in Queen's Square. There was a great disturbance
at the Queen's Head public house and he went to the door to see what it
was. He looked in the door and saw several people quarrelling in the
passage, and the landlord called him in to assist in clearing the house.
There was a woman there named Mrs. Hall, the landlord's mother, and he
assisted in removing her from the house; all the people were drunk.
While removing the woman from the house, a young man, who he believed
was the elder prisoner's son, rushed into the passage and kicked him in
the stomach, and he took him into custody. William Warman then came up
and collared witness by the throat, and tried to rescue the prisoner,
and as he would not let go his hold, witness took him into custody also.
As he was holding a prisoner in each hand several persons rushed at him,
and he had a scuffle with his prisoners, during which someone cut the
neckerchief by which he was holding the younger prisoner, and he
escaped. The elder prisoner also struggled violently to get away, and
several people tried to rescue him, but witness drew his staff and kept
them at bay, and got the prisoner to the station house and locked him
up.
Daniel Hall said he was the landlord of the Queen's Head public house in
Queen's Square. Soon after twelve o'clock last night he called police
constable Reynolds to assist in removing his mother and sister from his
house as they had been making a disturbance. Police constable Reynolds
helped him to clear the house.
In answer to the constable, witness said that he saw a young man kick
Reynolds in the stomach.
The complaint against the younger prisoner was that when Ryenolds was
bringing the elder prisoner up High Street, the younger one threw flint
stones, several of which struck the constable, and Mr. Boult, landlord
of the Victoria, stopped him from throwing more. He followed his father
to the station house, when Reynolds apprehended him and locked him up.
The magistrates told William Warman they were very sorry to see him in
such a position, for they believed him to be a very respectable
fisherman, who ought to have assisted the policeman instead of
assaulting him. He would have to pay a fine of 1s., and costs 15s., or
go to prison for a week.
The younger prisoner was severely reprimanded and discharged.
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Folkestone Observer 8 July 1865/
Monday July 3rd: Before Captain Kennicott R.N., Captain Leith R.V. and
J. Tolputt Esq.
William Warman, fisherman, was charged with assaulting police constable
Reynolds in the execution of his duty.
Police constable Reynolds said – On Friday morning about half past
twelve o'clock he was on duty in Queen's quare, when he heard a
disturbance at the Queen's Head public house. On going to see what was
the matter, he found the landlord trying to put some people out of his
house, and he called on him to assist. William Warman interfered and he
took him into custody. The defendant then came into the passage and
kicked him on the leg behind, and also in the stomach, and he took him
into custody, but someone cut the handkerchief by which he held him, and
he escaped from custody.
Mr. Minter appeared for the defendant, and witness, in reply to him,
said he was sure the handkerchief which he produced was the one
defendant wore when he took him into custody.
Daniel Hall, landlord of the Queen's Head public house, said that on
Friday morning he called police constable Reynolds to assist him in
clearing his house, and while he was removing William Warman the
defendant kicked him on the leg. Defendant had been abusing witness
previous to this.
Mr. Minter said he would show that defendant was not the man who kicked
the policeman. He called Elizabeth Warman, mother of the defendant, who
said he lived at her house, and she looked after his clothes. The
handkerchief produced by the constable did not belong to her son.
Thomas Freeman said he was a bit of a fisherman, and was at the Queen's
Head public house when the row took place. The defendant's mother was in
the house at the time. The defendant neither kicked nor touched
constable Reynolds; if he had done so, h must have seen it. He saw no
person kick the policeman. (Witness here got incoherent, but with a good
deal of questioning it was elicited, amidst much laughter, that he saw
the defendant go into the house and shut the door; that he remained
outside while the row was going on in the passage, and when he next saw
the defendant the policeman was pushing him out of the house).
The magistrates said they considered the assault proved, and that they
were determined to protect the constables in the execution of their
duty. Defendant would have to pay a fine of 10s., and costs 12s., in
default, 14 days' imprisonment, with hard labour.
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Folkestone Observer 29 June 1867.
Friday, June 28th: Before The Mayor, J. Kelcey, and R.W. Boarer Esqs.
Daniel Hall was charged with having his house open during the prohibited
hours on Sunday, the 23rd instant.
Supt. Martin said: On Sunday morning last, the 23rd inst., I went into
the defendant's house, the Queen's Head, in Queen's Square. The door was
open. It was about 20 minutes to twelve in the morning. I met a man
coming out with a pipe in his hand. I went into the house, into the tap
room. I found 19 men sitting down, some smoking. There were several pots
on the table, containing beer. I went to the bar door. Defendant was
there. I called his attention to what was going on. He said he was going
out of the house, and wanted to get rid of the beer.
Mr. Minter here withdrew the plea, and pleaded guilty.
Witness continued: I put in evidence of a former conviction against
defendant for a similar offence, dated 3rd February, 1864.
The Bench fined the defendant £3 and 10s. costs, and in default two
months imprisonment.
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Folkestone Chronicle 1 February 1868.
Advert.
To Let: the Queen's Head Inn, Folkestone. Incoming nominal. Apply to
Newport and Lock, Lion Brewery, Ashford.
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Folkestone Observer 28 March 1868.
Monday, March 23rd: Before Captain Kennicott R.N., and J. Tolputt Esq.
James White, 28, a private of the 7th Dragoon Guards, charged with being
a deserter, pleaded not guilty.
P.C. Ingram Swaine said: This morning, between twelve and one o'clock, I
was on duty near the Royal George, on the Backway, and met the prisoner
in an undress state. He had no jacket and no cap. He was very wet. He
did not know where he was or where he was going. He was the worse for
liquor. I charged him with being a deserter. I took him into custody. He
said he did not wish to desert, but to find his clothes. He said he
belonged to the 7th Dragoons, but had no pass. He was not troublesome at
all. I found his cap, stock, and jacket this morning, in the lower part
of the town, at the Queen's Head. I found the door unfastened, and went
in, rousing the landlord. Prisoner seemed to be stupefied, but he could
walk very well.
Prisoner said he was sorry he had been overcome by liquor. He had been a
soldier for eight years, and had a good conduct stripe.
The Chairman said he was sorry to see a man in such a position, but he
ought to have known better. Ordered to be sent to the depot of his
regiment at Shorncliffe.
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Folkestone Express 28 March 1868.
Monday, March 23rd: Before Captain Kennicott and Alderman Tolputt.
James White, 28, was charged with being a deserter from the 17th Dragoon
Guards.
P.C. 6F deposed: That morning about 25 minutes to one o'clock he was on
duty in the lower part of town, near the Royal George, when he met the
prisoner without jacket and cap, and he was very wet. I asked him where
he was going to; he said he did not know. I then asked him whence he
came from, and he said he did not know. I then charged him with being a
deserter. He said he did not want to desert – he wanted to find his
clothes. At the police station he said he belonged to the 17th Dragoon
Guards. I asked him if he had a pass, when he said he had not. He was
the worse for liquor, but not so drunk but what he knew what he was
about. I found his jacket, stock, and cap at the Queen's Head beerhouse,
where he had been allowed to sleep in the tap room.
The Clerk said that according to the Articles Of War the prisoner would
be liable to be charged with being a deserter.
The prisoner said he hoped the Bench would look over this case as he was
drunk.
Captain Kennicott said that to look over one would be to look over a
hundred.
The prisoner was ordered to be returned to the Camp, to be dealt with as
his Commanding Officer may think fit.
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Folkestone Observer 29 May 1869.
Wednesday, May 26th: Before R. W. Boarer, J. Gambrill, and W. Bateman
Esqs.
Mr. H.A. Herwigg made an application for a license to sell excisable
liquors at the Queen's Head, Queen's Square. It appeared that the last
tenant, Daniel Hall, had closed the house, and it had been kept closed
for the past two years, thus forfeiting the license. Mr. Herwigg had
kept the Pavilion Shades and Paris Hotel Tap, and Mr. Martin had no
complaint of his management.
The Bench granted the application.
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Folkestone Express 29 May 1869.
Wednesday, April 26th: Before J. Gambrill, R. W. Boarer, and W. Bateman
Esqs.
Mr. Henry Augustus Herwigg applied for a license for a house called the
Queen's Head, Queen's Square. Mr. Minter supported the application. He
said the house belonged to Mr. Jeffrey, who let it to Daniel Hall. Mr.
Hall removed to the South Foreland, and closed this house, and the
license was forfeited. The house was now opened again, and the Bench
would understand this was not an application for a fresh license, but
merely a renewal of that purposely lost by the last occupier. The
applicant had previously held a spirit license in the town, and the
police Superintendent could testify that he never had any complaint
against him.
The Magistrates' Clerk said there was a special clause in the Act of
Parliament to meet a case of this kind. It says the application can be
made at any time within three years of the forfeiture of the license. If
it was over three years the Bench would have to treat it as a fresh
license. The Bench granted the application.
Note: According to information in More Bastions, the house had changed
it's name to the Oxford Tavern by 1869!
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Folkestone Chronicle 4 March 1871.
Friday, March 3rd: Before The Mayor, J. Kelcey, R.W. Boarer and C.H.
Dashwood Esqs.
Alexander Stonham applied for temporary authority to sell excisable
liquor at the Queen's Head under the license granted to Louis Herwig at
the last general annual licensing meeting.
The application was granted.
Note: Stonham does not appear in the list of licensees in More Bastions.
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Folkestone Chronicle 12 October 1872.
Saturday, October 5th: Before J. Tolputt Esq., and Col. De Crespigny.
Daniel Hall was summoned for keeping his house, the Queen's Head, open
during prohibited hours.
The Bench convicted defendant, and fined him 20s. and 9s. costs, or in
default 14 days' imprisonment.
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Folkestone Express 12 October 1872.
Saturday, October 5th: Before J. Tolputt Esq., and Col. De Crespigny.
Daniel Hall, Queen's Head Inn, Queen's Square, was summoned for a
similar offence on the same day.
Defendant: I am Guilty, I suppose.
P.C. Hogben said he went into the house at half past five, when he found
a ship's crew there. The landlady said some of them were lodgers, and
she was not aware that they were required to close the house before six
o'clock.
Defendant said: The men had been working for me and I called them in for
the purpose of paying their wages. I had a trap at the door and was
going away directly. The police ought to watch other people, who he
knows have their houses open at improper hours.
Mr. Tolputt: You can turn informer if you like. You must pay a fine of
£1 and 9s. costs.
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Folkestone Express 3 May 1873.
Thursday, May 1st: Before The Mayor, J. Kelcey and R.W. Boarer Esqs.
Eliza Stewart was charged with stealing the articles named in the
evidence given below, the property of Henry Hills, Lifeboat Inn, North
Street. The goods were valued at £15.
Jane Hills deposed: I am the wife of Henry Hills, Lifeboat Inn, North
Street. Prisoner came to lodge at my house on the 15th April and stayed
there up to yesterday. I went to a chest of drawers in one of my rooms
yesterday for a pinafore for my child, when I missed five yards of
alpaca, two nightgowns, two chemises, three pieces of calico, a little
embroidered frock, a small piece of linen, a waistcoat, a white jacket,
an apron, a sheet, and a pillow case. The articles produced I identify
as my property. I last saw the articles the day after prisoner came to
my house. The Superintendent showed them to me last night.
Ann Dennard deposed: I am servant to prosecutrix. I bought five yard of
alpaca, two chemises, and a scarf of prisoner on the 22nd and 29th
April. I gave her 1s. each for the chemises and 2s. 6d. for the alpaca.
P.C. Keeler came to me yesterday and I told him I had bought the goods
of prisoner.
Sophia Huxley deposed: I am housekeeper at the Queen's Head Inn. I
bought a pawn ticket of prisoner referring to two nightgowns and a
child's jacket on the 28th. On Tuesday morning she came to the Queen's
Head for a glass of beer and I gave her 1s. 6½d. to get the articles out
of pledge, which she did and gave them to me. On Tuesday she brought
three pieces of stuff, a child's bead belt, and a piece of linen, and
said she was going back to Derby and would give them to me. I gave the
goods to a policeman last night.
Sarah Aldridge said: I am wife of Henry Aldridge, fisherman, Radnor
Street. I was in the Queen's Head on Monday evening when prisoner came
in and said she had a child's frock to sell, which I took to Mrs. Fagg,
a neighbour, for her and brought one shilling back. The frock produced
is the same. I gave the frock to P.C. Keeler after fetching it back from
Mrs. Fagg.
Superintendent Wilshire deposed: I received the alpaca now produced from
the witness Dennard yesterday afternoon.
P.C. Keeler deposed: I apprehended prisoner about half past six last
evening in Harbour Street and charged her with stealing three yards of
alpaca from Mr. Hills. I then went to the Queen's Head and the witness
Dennard gave me two chemises which she said she had bought of a woman.
She went upstairs and gave me two nightgowns, three pieces of stuff, a
pianoforte, a piece of linen, a belt, and a child's jacket. She said she
bought the pawn ticket referring to the two nightgowns and jacket of
prisoner. She said the pieces of stuff were given to her by prisoner.
Mrs. Aldridge gave me the child's dress and said she took it of prisoner
and sold it to Mrs. Fagg.
This was the case for the prosecution.
Prisoner pleaded Guilty, and said her husband was at the School of
Musketry, Hythe, and was married February 16th, at Derby.
Superintendent Wilshire said a soldier of the 60th Rifles had sent money
from Derby to pay her fare to that place.
Prisoner was sentenced to three months' hard labour.
The Mayor cautioned the witnesses to be careful purchasing goods in
future.
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Folkestone Express 16 August 1873.
Saturday, August 9th: Before The Mayor, J. Tolputt and J. Clarke Esqs.
The convictions in the following cases show the determination of the
police and the magistrates to put down what is far too common in the
neighbourhood of Radnor Street and Beach Street.
Daniel Hall, Queen's Head Inn, was charged with permitting disorderly
conduct in his house, contrary to the tenor of his license.
P.C. Swaine said his attention was called to a noise in the Queen's Head
about a quarter before eleven on the night of the 28th July. On going
there he found three woman and several men drunk. Mrs. Pope, of the Star
Inn, Radnor Street, and her two daughters were there, the mother being
drunk. Language was being used which was unfit to repeat. There appeared
to be a general quarrel all round. He heard Hall say he wished the
parties would leave the house. There were about thirty of forty people
round the house. Hall did not ask witness to interfere. Mrs. Pope and
her two daughters left the house and witness went away. About a quarter
before twelve he was passing the house, when he heard a great
disturbance again; told defendant to clear his house, when witness was
called away to assist the military picket.
In cross-examination by Mr. Till, who appeared for defendant, witness
said Hall tried to interfere, and he knew he had been very ill. Hall
told the parties he would not have his house disturbed by them.
Sergt. Reynolds corroborated as to the disturbance and as to Mrs. Pope
being drunk. Hall said he should go away as he could do nothing with
them. Witness told the people in the Queen's Head if they did not go
away he should summon them.
In answer to Mr. Till witness said the noise was disturbing the
neighbourhood and several persons were looking out of their windows.
Mr. Till said he had not much to answer. Defendant had been very ill,
and was ill at that time. There was a family quarrel and no doubt the
words used were very shocking to people not accustomed to such language.
Hall told them they must go home, and interfered so far as he was able,
short of using force, which he was not in a condition to do, being very
ill; and not only so, but he complained to the police.
William Saunders was called for the defence, and said he was in the
Queen's Head just before the row commenced. Hall was not there at the
commencement, but when he came he remonstrated with the parties and
asked them to go away.
James Crumby was also called for the defence, but showed such levity
when about to be sworn that Mr. Till very properly refused to examine
him.
The Mayor said defendant had rendered himself liable to a penalty of £10
and to have his license endorsed with the conviction. No doubt he was in
ill health, but he was bound to know the law, and had every opportunity
of calling in the aid of the police. Considering the state of his health
the fine would only be £2 and 11s. costs and his license would not be
endorsed.
Defendant paid the money.
Mrs. Mary Ann Pope was charged with being drunk in the Queen's Head on
the 28th July.
Mr. Till for the defence.
P.C. Swain said he saw defendant in front of the bar in the Queen's Head
on the night of the day in question. He had no doubt she was drunk, and
she was acting and talking like a woman out of her mind. She came out of
the house with her two daughters; when he went again he found her there
again, still drunk.
By Mr. Till: Her two daughters had to lead her out of the house. She was
very much excited. I think from her appearance and her staggering about
she was drunk; she reeled backwards and forwards and was disputing with
someone. She is in the habit of getting drunk in her own house.
By Mr. Clarke: I have seen her when sober, and know she was drunk.
Sergt. Reynolds corroborated, and said he had no doubt defendant was
drunk.
Mr. Till said it might appear when two constables stated the same thing
that it was proved. The same quantity of drink taken when a person is
calm might have a different effect if taken when excited, and the
excitement on the night in question might have been taken for
intoxication. He should call defendant's two daughters, whom he knew
were charged with misdemeanour, but that ought not to make any
difference.
Mary Pope, defendant's daughter, said she was sure her mother was not
drunk, but was excited by a dispute with her sister.
Emily Pope, another of defendant's daughters, said she was sure her
mother was sober. They had a quarter of brandy and a bottle of ginger
beer among three of them, and her mother went into the house sober.
The Mayor said the Bench considered the case proved, and as defendant
kept a public house she ought to set a better example. She must pay 10s.
fine and 12s. costs, and if she were convicted again the fine would be
doubled.
Mary Ann, Emily, and Mary Pope were charged with using obscene language
in Beach Street on the 28th July.
P.C. Swaine said he heard Mrs. Pope and Emily using very bad language.
They were on the doorstep and stepped into the street. Mary was in the
street. Several of the neighbours complained.
By Mr. Till: Mr. Worsell and Mr. Ashtell complained, but they were not
present to give evidence. He followed defendants to the arches; they had
ceased making a noise and were walking home quietly.
John Johnson, inspector under the C.D.A., deposed to hearing Emily using
bad language; he did not hear Mrs. Pope or Mary say anything.
Mr. Till asked that Mary might be discharged as there was no evidence
against her, and said it was a superfluous act on the part of the police
to summon her.
Mary was then discharged.
Mr. Till contended that the doorstep was not a part of the street, but
he would leave it to Mr. Bradley, the Clerk, to advise the Bench on that
point. He wished to point out discrepancies in the evidence of the
police and Johnson as to the words alleged to have been used.
The Mayor said the Bench were determined to put a stop to the practice
of using bad language in the streets. As it was the first offence the
defendants would be dealt leniently with. They must pay a fine of 10s.
and 9s. costs each.
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Southeastern Gazette 19 August 1873.
Local News.
At the Police Court, a few days ago, Daniel Hall, landlord of the
Queen’s Head Inn, Queen’s Square, was charged with permitting disorderly
conduct in his house.
The attention of P.C. Swaine being called to a noise in the Queen’s
Head, at about a quarter to eleven on the night of July 28th, the
constable went there and found several men drunk, as well as Mrs. Pope,
landlady of the Star Inn, Radnor Street, with her two daughters, the
mother being drunk. There appeared to be a general quarrel all round,
and very bad language was used, and amidst it all the three women went
away. Hall tried to quiet the people, but did not ask witness to
interfere. Witness knew defendant had been very ill.
Sergeant Reynolds corroborated as to the disturbance, and as to Mrs.
Pope being drunk; and as 30 or 40 people were concerned in the row the
whole neighbourhood was disturbed by it.
Mr. Till, who appeared for the defence, said the defendant had been very
ill, and was ill at that time. There was a family quarrel, and no doubt
the words used were very shocking to people not accustomed to such
language. Hall told them they must go home, and interfered as far as he
was able short of using force, which he was not in a position to do,
being very ill; and not only so, but he complained to the police.
William Saunders, who was in the Queen’s Head just before the row
commenced, heard Hall remonstrate with the parties, asking them to go
away.
The Mayor said defendant had rendered himself liable to a penalty of
£10, and to have his licence endorsed with the conviction. No doubt he
was in ill health, but he was bound to know the law, and had every
opportunity of calling in the aid of the police. Considering the state
of his health, the fine would only be £2 and 11s. costs, and his licence
would not be endorsed. Defendant paid the money.
At the same sitting Mrs. Mary Ann Pope was convicted of being drunk, and
fined 10s., costs 12s. She was also fined 10s., costs 9s., for making
use of bad language, and a similar penalty for the like offence was
inflicted on her daughter, Emily Pope.
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Folkestone Express 21 March 1874.
Monday, March 16th: Before The Mayor, J. Tolputt, and J. Clark Esqs.
William Cole, a private in the Kent Artillery Militia, was charged with
being drunk and disorderly, and using obscene language on Saturday
night.
Supt. Wilshere said he saw prisoner in Queen's Square, outside the Queen
(sic) public house, about a quarter to eleven on Saturday night,
surrounded by thirty or forty persons, chiefly boys. Prisoner was drunk
and rushing about in a frantic state, striking wildly about him with his
belt, and saying “Let me get at the ----“. Witness took the belt from
prisoner, and assistance being procured he was taken to the station. He
appeared to have been badly treated, as his tunic was torn. He had a
pass to twelve on Saturday night, and would be punished on his return to
quarters at Dover as an absentee.
Prisoner pleaded Guilty and expressed sorrow for what had occurred, and
appeared to feel his position acutely, shedding tears copiously. He
should have to pay 18s. 6d. for a new tunic.
The Bench, taking into consideration the prisoner had been locked up
since eleven on Saturday night, and that he would be punished on his
return to quarters, discharged him.
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Folkestone Express 19 December 1874.
Wednesday, December 16th: Before The Mayor, R.W. Boarer Esq. and Col. De
Crespigny.
License Transfer.
This was one of the days appointed for the transfer of licenses. The
following application was heard:
That of the Queen's Head, Beach Street, from George James Young to
Thomas Masters.
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Folkestone Chronicle 28 August 1875.
This was the annual licensing day.
Wednesday, August 25th: Before The Mayor, W. Wightwick, J. Tolputt, W.J.
Jeffreason, T. Caister Esqs., and Captain Crowe.
Thomas Marshall applied for the renewal of the license of the Queen's
Head, Queen's Street, temporarily transferred to him about six months
since.
Mr. Mowll supported the application.
Superintendent Wilshere opposed the application on the ground that
Marshall was not the real applicant, but that he was under Pope, but the
applicant having stated that the house did belong to him, and he was
responsible, the Bench granted the license.
Note: Licensee is listed as Thomas Masters in More Bastions.
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Folkestone Express 28 August 1875.
Wednesday August 25th: Before The Mayor, J. Tolputt, W.J. Jeffreason and
T. Caister Esqs., and Capt. Crowe.
Wednesday being the sessions for the hearing of applications for
licenses and transacting licensing business, the Magistrates present sae
as a licensing committee, and were occupied for three quarters of an
hour in renewing the licenses.
Wine, Spirit and Beer Licenses.
The Bona Fides Of A License Holder.
Thomas Marshall applied for the renewal of the license to the Queen's
Head, temporarily transferred to him about six months since.
Mr. Mowll supported the application.
Mr. J.M. Wilshere, as Superintendent of Police, opposed it on the ground
that the applicant was not the bona fide landlord of the premises.
Mr. Mowll having made the application, Superintendent Wilshere said that
there was reason to believe that Marshall was not the real applicant,
but that the house would be managed by a man named Alfred Pope, who in
1873 conducted the Star Inn, Radnor Street, so badly that witness
opposed it's renewal. The Magistrates then granted it conditionally on
his conducting his house better, and he did so, but soon afterwards
transferred his business to another man, and went to Dover. Since the
present applicant, Marshall, had held the license of the Queen's Head,
he had not lived in the house, as he was a driver for Mr. Williams, of
the ginger beer works. The house had been managed by Alfred Pope, his
wife (who, when landlady of the Star, was convicted of drunkenness), and
two daughters. It was at first a “quiet house” under Marshall, but
lately had attracted more custom, and was visited by soldiers and
similar company, who, he feared, were drawn thither by questionable
attractions. He must therefore oppose the granting of the license to
applicant, as he considered him entirely unfit to conduct the house.
In reply to the Bench, Superintendent Wilshere said he had had occasion
to caution the applicant once on account of the disorderly manner in
which the house was being conducted.
Police sergeant Woodlands corroborated this statement on oath.
The applicant was then examined, and swore that he was the only person
responsible for the conduct of the house, that Pope and his wife were
simply acting as his servants, but had, like him, to “get a living” out
of the house, and that he (Marshall) had full responsibility and control
over the house. Although employed at Williams's ginger beer factory in
the day, he came home at night, and had always slept in the house since
having the license.
Mr. Mowll having addressed the Bench in support of the application, the
Mayor said the Bench must believe the applicant, who had sworn that he
was the responsible holder of the license, and should therefore grant
the renewal, subject, of course, to confirmation at the annual licensing
sessions.
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Folkestone Express 4 March 1876.
Inquest.
On Saturday morning a little after six o'clock, a little boy, who was
under the tramroad, noticed the body of a man lying beneath the ship
Christian. He at once gave information, and assistance being procured
the body was rescued, when it was found to be a man named James Henry
Goldsack, mate of the brigantine Expert, of Faversham.
On Monday morning an inquest was held before J. Minter Esq., Coroner,
and a jury.
The following evidence was taken:
Onslow James Foreman said: I am a dredger, living at Whitstable. The
deceased Henry Goldsack was my brother-in-law.
The jury having viewed the body, the witness Foreman said he identified
the body as being that of James Henry Goldsack. He was mate of the
Expert brigantine of Faversham. He was 39 years of age, married, and his
wife was living at Whitstable. He produced a letter which his wife had
received on Saturday morning, and dated Friday night, saying he was
quite well, and asking her to come down and spend the Sunday with him.
Henry Wootton Gunn said: I am the master of the brigantine Expert.
Deceased was mate, and we arrived at Folkestone laden with coals on
Friday morning. We were berthed in the middle of the outer harbour. At
five minutes past eight o'clock on Friday evening deceased left the
vessel and walked ashore. The tide was coming up. Deceased was perfectly
sober, and had been on board all day. He said he was going to post a
letter. I went to bed at 9.30, and he had not returned then. The water
at that time was round the vessel. The vessel would be afloat by eleven
o'clock. She drew twelve feet of water. I expected that he would have
got on board the Christian, and have taken her boat to get on board the
Expert. At half past six on Saturday morning the mate of the Polly
called out “Here's Jim under the tramway”. I went there and saw deceased
in a boat.
Mr. Richard Mercer, M.R.C.S. said: I examined the body of deceased, and
found a slight bruise on the right cheek, and a few abrasions on the
forehead. All the marks were of a very slight character. In my opinion
he met his death by drowning. There are no marks to show that death
resulted from violence.
Alfred William Temple: I am fourteen years of age, and live with my
father, who is a tailor. On Saturday morning I was underneath the
tramway picking up coals; it was twenty minutes past six o'clock. I saw
deceased lying under the bottom of the brigantine Christian, which was
lying alongside the tramroad at the upper berth in the outer harbour.
Deceased was lying on his face on the west side of the vessel. There was
no water. I called a man named Redmond, alias Colley, and then went for
further help. Deceased had his clothes on, but not his hat.
Joseph Colley: I am a shipwright, living in Dover Road. On Saturday
morning I was at work when the last witness called me. I went and
crawled under the ship, where I found deceased lying on his face. The
body was half covered with sand. I called the mate of the Polly who came
and assisted me to get him out. We put the body into a boat lying near.
Deceased was dressed, but his hat was off.
P.C. Charles Ovenden said on Saturday morning last he was on duty at the
police station. From information he received he went to the harbour and
saw the body of the deceased in a boat. He obtained assistance, and had
the body taken to the old police station. On searching the body he found
nothing except a little wet tobacco and a tobacco pipe.
Alfred Pope said: I am a publican, and live at the Queen's Head. On
Friday nigh I saw the deceased at my house. He came in at half past ten
and left at eleven. I have known him for twenty years. I went out with
him. He was perfectly sober. He told me that he was going aboard as he
thought they were going to move her. I walked with him to the entrance
gate of the tramroad. He told me that he should have to tak a boat of
another vessel to get aboard. When he was at my house he had no hat on
and complained of his head. We had one glass of ale at my house. I
shouted to him to ask if he was all right and he said he was. It was
quite dark, and was very dangerous for anyone to go in consequence of
there being so many cross-metals.
The witness Foreman was re-called and said deceased had been unwell for
some time and it was believed that he was suffering from heart disease.
Several jurymen spoke of the danger to persons whose business led them
to cross the tramroad in order to get to their ships at night, and
thought that some lights should be provided.
The jury returned a verdict of “Found Drowned”, and added that they
considered that lights ought to be placed for the safety of those whose
duty led them to use the tramroad, and also that the ladders should be
extended to the bottom.
The Coroner said he would forward the recommendation to the proper
quarter.
Note: No mention of Pope at the Queen's Head according to More Bastions.
Wednesday, March 1st: Before The Mayor, Dr. Bateman, Captain Fletcher,
and Alderman Caister.
Minnie Smith was charged with being drunk and disorderly at the Queen's
Head Inn on the previous evening. Prisoner was further charged with
using obscene language, with wilfully breaking a pane of glass at the
Queen's Head, and also with resisting the police.
On reference to our police report of Saturday, it will be seen that the
prisoner was then fined for being drunk and disorderly.
Thomas Masters, landlord of the Queen's Head said that on Tuesday
evening the prisoner came in with a private belonging to the Lancers. He
noticed that she was tipsy, but he served the soldier with some beer,
which the latter handed to the girl. Prisoner then used bad language,
and he requested her to go out, but she refused. He then put her
outside, when she immediately smashed the square of glass in the door.
The value of the glass was 5s.
P.C. Ovenden said that about half past ten o'clock on the previous
evening he was sent for to the Queen's Head. He went there and prisoner
was given into his custody. She was drunk and resisted violently. On the
road to the station she used bad language and witness had to procure the
assistance of another officer. Witness put her in the old police station
until she became quiet. He had frequently cautioned her as to her
conduct on previous occasions.
The Mayor said that the prisoner was before the Bench on Saturday, when
she was let off with a fine, but that did not appear to have had any
deterring effect upon her. The Bench on the present occasion had
therefore determined to punish her more severely. For the first offence,
viz. being drunk and disorderly, she would have to pay a fine of 10s.
and 10s. 6d. costs, or in default seven days' imprisonment, and for the
other charges she would be committed for fourteen days.
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Southeastern Gazette 31 July 1876.
Local News.
There were two or three cases heard before J. Sherwood, Esq. (Mayor), on
Saturday last, the most important of which was that of John Pope,
landlord of the Queen’s Head, Beach Street, formerly of the Ship, Radnor
Street, who was fined £12 and costs, for selling spirits without a
licence.
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Folkestone Express 5 August 1876.
Saturday, July 30th: Before R.W. Boarer Esq., and Captain Crowe.
Alfred Pope was charged with having on the 25th of July unlawfully sold
by retail certain intoxicating liquor, which he was not then licensed to
sell.
Mr. Mowll, of Dover, appeared in support of the information, and Mr.
Minter for the defendant.
Mr. Mowll, in opening the case, said the facts were very simple, and
could hardly afford matter of dispute between him and Mr. Minter,
though there might be some contention as to the construction of the Act
of Parliament. At the last licensing day a license was granted to Thomas
Masters of the King's Head (sic). The defendant came into the house
under certain circumstances which would be explained, and remained there
until some days since, when a dispute took place between them and
Masters, who had to go for the protection of the police. A policeman
went down to the house, and was present while Masters left it with the
license in his pocket. The defendant nevertheless remained in the house,
and though by his having turned Masters out any authority which he might
previously have derived from Masters had terminated, he continued to
sell beer, spirits and tobacco without any authority. The sale would be
clearly proved by two soldiers, and the magistrates, he thought, would
have no option but to say that the offence had been committed.
Thomas Adams Masters produced the license of the Queen's Head Inn, Queen
Street (sic), which, he said, was granted to him by the magistrates on
the last licensing day. He continued in the occupation of the house from
that time until the previous Monday, when he was obliged to go for the
assistance of the police. An officer returned with him and remained
while he removed his goods and papers, including the license. The
defendant remained in the house and continued to sell spirits, beer and
tobacco against his (witness's) orders.
Cross-examined: This was a renewed license, which witness had
transferred from Mr. Young, of Dover. Mr. Young did not hold it for
witness's brother, William Masters. He had no brother, but a son,
William Masters. Mr. Young did not hold it for him. He swore before the
licensing magistrates when he applied for the license that he was tenant
of the house to Mr. Young, and so he was. He was a quarterly tenant, at
£32 a year rent. He could not swear whether or not he had paid any rent
since last licensing day. The defendant paid the rent this year, and
also paid the money for the license.
The defendant here began to make a number of grimaces, upon which Mr.
Minter, addressing him rather sharply, said “If you like to conduct your
own case you can, but if you wish to perform those antics you must do so
in my absence”.
Cross-examination continued: Witness had not slept three nights at a
time out of the house since last licensing day. The defendant bought the
beer and spirits, but the business had been carried on in witness's
name. He knew that it had been arranged for the business to be
transferred to William Brunt, who was entitled to his discharge on his
return from India in October, and he and Mrs. Brunt had £150 to keep on
the business until this time. He agreed to stop to October if they would
give him £50 more.
Police Constable Hills deposed to going with Masters to the Queen's Head
and seeing Masters carry away his boxes, which were searched by
defendant.
James Rushton, a corporal in the Coldstream Guards, deposed that he went
to the house about ten o'clock on Tuesday night, and saw the defendant,
his wife, and two daughters. He called for a glass of ale, twopennyworth
of gin, and half an ounce of tobacco, with which he was served by Mrs.
Pope. The defendant was standing at the bar at the time and took the
money.
Cross-examined: He saw the Superintendent of Police before he went to
the house. He saw him hourly every night, but Mr. Wilshere did not tell
him to go into the Queen's Head and call for ale, gin and tobacco.
Robert Watson, a private in the 26th Regiment, gave similar evidence. He
was present when Adams left the house. Someone belonging to the family
gave him (witness) into custody.
Mr. Minter then addressed the Bench on behalf of the defendant. He
observed that Mr. Mowll had very carefully concealed for whom he
appeared, but it transpired that Adams was the person who was putting
the law in motion and taking these proceedings against the defendant.
Mr. Mowll opened the case somewhat unfairly, because he stated that Pope
was the occupier of the house. This must have been a mistake, and his
friend must have known better, for he himself, at the last annual
licensing meeting, examined Masters, who swore positively that he was
the occupier of the house. There was no mystery whatever in the matter.
It appeared from Masters' own statement that under a written agreement
he obtained £150 from the defendant's daughter, Mrs. Brunt, for the
purchase of the furniture and goodwill of the house. Masters himself,
however, was said to be the tenant and carry un the house for twelve
months, until Mrs. Brunt's husband, who was a soldier in India, could
return. But it appeared that he did not pay a penny piece for rent, or
what was consumed by the customers, and that even the license was paid
by Mrs. Brunt. And yet they found Masters behaving in this way. The
reason of his conduct was quite clear. He knew that October was drawing
very close, and that he could then have no excuse for transferring the
license to William Brunt on his return from India. Accordingly he turned
round and said “The license is in my name, and I can levy blackmail upon
you. It it true that among us we have got £150 out of you, but that £150
will be perfectly useless if I destroy this house as a licensed
premises. Unless you submit to my coertion and give me another £50 I
will shut the house and ruin you”. The £50 was refused, upon which a
disturbance took place, and Adams was unfortunately enabled to get the
Superintendent of Police to lay this information against Pope. But was
the case proved by the soldiers' evidence? This was a highly penal
statute, and he asked the Bench to say that the defendant was not
responsible for the act of his wife in selling the ale, gin and tobacco.
The real tenant of the house was Mrs. Brunt, who was keeping it on until
her husband returned from India, and who would state that she did so by
Masters' direction. He submitted that under the circumstances the Bench
would be justified in saying that the defendant was not responsible for
the sale of this ale, gin and tobacco.
Mr. Minter then called Emily Brunt, who said she was the wife of William
Brunt, a private in the 9th Regiment of Foot, now in India, but who
would be entitled to his discharge on coming home in October. In June,
1875, she entered into an agreement with Masters for the purchase of the
goods at the Queen's Head for £120, Mr. Mowll acting as solicitor
between all parties. (The agreement, which was produced, was between
William Masters, of Dover, hairdresser, and William Brunt, whereby
Masters agreed to sell the effects for the sum of £120, £100 of which he
received at the time, and to remain in Emily Brunt's service in the
house as long as his services were required.) Masters was to take
returned, but the business was really her husband's. Masters remained in
her service until the other day. Witness had also had the assistance of
her sister in carrying on the business, and when she had the baby in her
arms she sometimes told her father (the defendant) to draw. This was by
the direction of Masters, who had been away working for a ginger beer
manufacturer. The defendant was a carrier and merely lodged in the
house. On this occasion she asked her mother to draw as she had the baby
in her arms.
During his examination of this witness Mr. Minter said there was too
much interference on the part of the Superintendent of Police, adding
“We will have to put you in your place, Mr. Wilshere”.
Mr. Mowll said he was taking his instructions from the Superintendent,
who had done nothing but what was perfectly regular.
Mr. Minter said the place where Mr. Wilshere was sitting – at the
solicitors' table – was not the proper place for him at all. There was
too much interference on his part.
The Bench said if there had been any interference – and they hadn't
noticed any – it would have had no influence whatever upon them.
Mr. Minter: Immediately I am saying something about the license the
Superintendent takes upon himself to snatch it up, which he has no right
whatever to do. The liberties taken by the Superintendent of Police here
would not be permitted anywhere else I go.
Mr. Mowll said he had observed nothing on Mr. Wilshere's part which
could not be done by Superintendents at other Courts which he was in the
habit of attending.
Mr. Minter said it was only natural that Mr. Mowll should constitute
himself the champion of those who instructed him.
The Bench retired to consider their decision, and on their return to
Court the Chairman said that they considered a great deal had been said
that day which had no bearing on the case. For the purposes of the day
they considered that Masters was the holder of the license, and if he
had wronged the defendant in any way the latter had his remedy. They
repeated, however, for the purposes of the day, Masters, in their
opinion, was the holder of the license, and the defendant had sold
illegally. Therefore, according to their view, the defendant was liable.
The penalty was £50, and they could not fine him less than £12 10s. and
15s. 6d, costs, though it was their wish to have made it still lower if
they could. In default he must go to gaol for one month without hard
labour. There was an appeal to the Quarter Sessions for the County. They
were acting under legal advice, which, no doubt, was the best that could
be given to them.
Mr. Minter: I am very sorry you should view it in that light. It is a
question of evidence, and if the daughter's evidence is carried your
decision is wrong. Mr. Minter next asked what the defendant must lodge
as security for an appeal, and was told £60, or two sureties of £30
each.
The Chairman observed that he assumed the Watch Committee would support
the conviction.
Mr. Minter said he did not suppose that the Watch Committee would allow
themselves to be made a party to such a prosecution. There were a great
many extenuating circumstances, and these poor people would be grievous
sufferers.
Eventually the defendant said he would pay the fine and costs.
Mr. Minter then applied that the license might be re-transferred to Mr.
Young, but as no notice had been given the Bench said the house must
remain closed until the next licensing meeting.
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Folkestone Express 19 August 1876.
County Court.
Saturday, August 12th: Before J.J. Lonsdale Esq.
Thomas Masters, lately residing at the Queen's Head Inn appeared on a
judgement summons in respect of a debt of 9s. 1d., issued by Godfrey
Lepper, carpenter. He declared that he was utterly unable to pay the
amount. He was sixty years of age and afflicted with rheumatism, and had
no employment.
The plaintiff said the defendant and his son pocketed £50 by the sale of
the business of the Queen's Head.
The defendant again declared that he had spent every farthing he
received in paying bills he owed and keeping himself from starving.
His Honour declined to make any order, but said the defendant must pay
when he had the money.
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Folkestone Express 16 September 1876.
Wednesday, September 13th: Before The Mayor, Alderman caister and
Captain Crowe.
Application was made on behalf of Mr. Young, lessee of the Queen's Head,
in respect to the license of the same.
Information was given to the effect that some time ago a man was
convicted for selling without a license. Mr. Young, being the lessee of
the property, had underlet it to Masters, by whom it was again underlet.
Now Masters had some private arrangements to which Mr. Young was no
party. This came before the Bench and there was a fine imposed of 40s.
It was now desired to question Mr. Ogden's right and to prevent this,
Mr. Young wished openly to transfer it to Mr. Ogden, who formerly
carried on business at Sandgate.
Charles George Young deposed to his living at Dover, and being the
lessee of the Queen's Head, Folkestone, owned by Mrs. Jeffoy. He let the
premises to Mr. Masters, who has gone out of possession, and who has
neglected to apply at the Annual Licensing Meeting, but, as lessee, he
was desirous of obtaining the license for the object of transferring it
to Mr. Ogden. They did not acknowledge Pope in any shape whatever.
Arrangements to be made in accordance with application.
Note: No mention of Ogden in More Bastions.
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Folkestone Chronicle 7 December 1878.
Wednesday, December 4th: Before Capt. Crowe, Gen. Armstrong C.B., Capt.
Fletcher, R.W. Boarer and J. Kelcey Esqs.
J. Jordan, of the Queen's Head, upon evidence very strong against him,
was fined £2 and 11s. costs for keeping his house open during prohibited
hours, and two men were fined 1s. and costs for being on the premises.
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Folkestone Express 7 December 1878.
Wednesday, December 4th: Before Captain Crowe, General Armstrong,
Captain Fletcher, James Kelcey, and R.W. Boarer Esqs.
James Jordan, of the Queen's Head, was summoned for having his house
open during prohibited hours.
P.C. Ovenden said on Sunday morning, about 11.25, he knocked at
defendant's door and defendant opened it. He went into the back parlour,
and there saw two men – Charles Vye and William Coleman. He asked the
landlord what they were doing there, and he said Vye had come to order a
fly for his father, who was ill, and that Coleman had come with him.
There were three glasses on the table, one with liquor in it. He told
defendant he should report the circumstance. A little while after, he
saw a fly coming, driven by defendant's son, and defendant said to him
“You see, I was not telling you a story”. Defendant was a fly
proprietor, and had stables near Marine Terrace.
Defendant called Charles Vye and William Coleman, who both denied having
anything to drink.
Mr. Boarer said a majority of the Bench had decided to convict the
defendant, who would be fined £2 10s., the lowest penalty, and 11s.
costs.
Charles Vye and William Coleman were summoned for being found on
licensed premises during prohibited hours on the same day. Vye pleaded
Guilty, and Coleman said he was not there for an unlawful purpose.
They were each fined 1s. and 8s. costs, or three days' imprisonment.
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Southeastern Gazette 7 December 1878.
Local News.
At the Police Court on Wednesday, Aby Nash was summoned for assaulting
Robert Staveley, on the 2nd December. The complainant said he lived at
31, Queen Street, and on Saturday night he went with some friends into
the side bar of the Queen’s Head and called for a pot of beer.
Defendant, who was standing in front of the bar, said she would raffle
for three pots of beer, and witness refused to do so, whereupon
defendant commenced to annoy him. On turning to leave the public-house
defendant caught hold of the sleeve of his coat and knocked him down
with his fist. Defendant struck him twice in both eyes, and witness had
to remain in bed all day Sunday.
Defendant called Henry Marshall, who said be was a mariner, and lived in
North Street, and was in the private bar at the Queen’s Head on Saturday
night when Staveley and three others came in. Staveley and Nash began to
talk about sailoring, and at last commenced to jangle. Staveley hit Nash
in the breast with his fist, and in self-defence he struck Staveley.
The Bench dismissed the case.
James Jordan was summoned for opening licensed premises (the Queen’s
Head) during prohibited hours, on Sunday, December 1st. He pleaded not
guilty.
P.C. Ovenden stated that on Sunday evening he visited defendant’s house
at 11.25, and knocked at the back door in Seagate Street. It was opened
and he went into the little back parlour, where be saw two men names
Charles Vye and William Coleman. He asked the defendant what the men
were doing there, and he said that Vye had come to order a carriage to
go to his father’s, who was ill. Witness then asked him what the other
man was there for, and defendant said he had come in with Vye. There
were three glasses on the table. One contained malt liquor. Witness left
the house, and at 11.55 saw defendant’s carriage drive from his house
into Tontine Street. Vye was inside the carriage. Jordan came along and
said, “Now you see I have spoken the truth.”
For the defence the defendant called Charles Vye, who said he went to
Jordan’s house to order a fly, but neither he nor Coleman had anything
to drink.
The Bench considered the case proved and fined the defendant 50s., costs
11s., the licence not to be endorsed.
Charles Vye and William Coleman then appeared in answer to a summons
charging them with being found on licensed premises during prohibited
hours, on December 2nd. They pleaded guilty and were fined them the turn
of 2s. 6d., costs 8s.; in default three weeks' imprisonment.
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Folkestone Express 28 December 1878.
Monday, December 23rd: Before The Mayor, Capt. Carter, Colonel De
Crespigny, General Cannon, Captain Fletcher, Alderman Caister, R.W.
Boarer, J. Clark, W.J. Jeffreason and J. Fitness Esqs.
Joseph West, a plasterer, pleaded Guilty to being drunk and disorderly
in Beach Street on Saturday. He was also charged with breaking a pane of
glass at the Queen's Head Inn.
James Jordan, the landlord of the house, said he ejected the prisoner,
who was fighting in the bar. Directly he was outside he thrust his fist
through one of the embossed windows. The damage was about 30s.
The prisoner's hand was severely cut, and a doctor had to be obtained to
dress the wounds.
He was fined 5s. and 3s. 6d. costs, or seven days' hard labour, for
being drunk and disorderly, and for the damage he was fined 1s., 4s. 6d.
costs, and ordered to pay 30s., the value of the window, or be
imprisoned for 21 days.
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Folkestone Express 4 January 1879.
Shortly before eight o'clock on Saturday morning the body of a man was
seen lying in the inner harbour, having apparently been left there by
the receding tide. On examination it proved to be that of a plasterer, a
comparative stranger in the town – in fact his name was found out almost
accidentally to be Henry Dickenson, whose home would appear to have been
at Peckham, in Surrey. He was known to a soldier at the camp, and a day
or two ago had been there to see him. The soldier gave the address of a
friend who knew a friend of the deceased's relatives, and a telegram was
sent to request him to acquaint them with the occurrence. An inquest was
held on Saturday evening at the Town Hall, when the following evidence
was given:
James Jordan, landlord of the Queen's Head Inn, identified the body as
that of a man whose name he believed to be Henry Dickenson, and who was
at his house about half past eight o'clock on Friday night. He had known
him as a frequenter of the house for a few days, but did not know where
he lived. Witness saw him go out with a baked potato can belonging to a
man named Brand, for the purpose of going into the streets to sell them.
There was no fire in the can. Deceased was sober.
John Freeman Hall, a mariner, living in East Street, said a little
before eight that morning, James May, a fisherman, went to him and said
there was a man drowned in the harbour. He went directly to the east
side of the tramway, and on crossing the metals he saw the body lying by
the side of the steamer Maud, to the west of the Pent Stream. The potato
can and a knife were near the body, which was lying face downwards on
the mud.
P.C. James Knowles said about eight o'clock that morning he went to the
harbour. He saw deceased lying face downwards on the mud, close to the
steamer Maud in the inner harbour. He procured a stretcher, and with
assistance placed the body on it. Deceased was dead and cold. He was
lying five or six yards from the edge of the slipway leading down to the
sluice, with his head to the east, and a knife was lying nearer the
corner. He should think deceased fell over when the water was up. The
can was lying near the quay opposite the Pavilion. They put the body in
the tan house and searched it, but only found a comb and a piece of a
pencil.
Hall was recalled and said it would have been high tide about two
o'clock. There would have been no water in the inner harbour at nine, as
the tide only then began to flow.
Mr. Richard Mercer, surgeon, said he had examined the body, and found no
marks of violence, scratches, or bruises. Deceased had been dead some
hours. The hands and face were covered with mud, and the clothing was
soaked with water. In his opinion death was caused by drowning.
Henry Stone, a plasterer, living in North Street, said he had known
deceased for about a fortnight. He was a plasterer, and came from
Margate. He believed he belonged to Peckham. He said his name was Harry
Dickenson, and that he was known to a soldier at the camp. Deceased told
him that he had work to go to on Monday if the frost broke up. Witness
last saw deceased at ten minutes to eleven on Friday night. He had
previously seen him just before nine. He said he was going to lodge at
the Eagle in High Street. When he saw him at just before eleven he had
had something to drink, but was sober. Witness found deceased's boot in
a boat in the harbour. He wore no stockings.
Hall explained that when the body was found, it only had one shoe on.
The other was picked up and placed in the boat.
The jury, in the absence of any evidence to show how deceased came in
the harbour, returned a verdict of “Found Drowned”.
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Southeastern Gazette 4 January 1879.
Inquest.
Mr. Minter, the borough coroner, held an inquest on the body of Henry
Dickenson, a labourer, who was found drowned in the harbour on Saturday.
James Jordan, the landlord of the Queen’s Head, said the deceased came
into his house the night before with a baked potato can. He was sober.
John Hall, a fisherman, proved finding the body face downwards in the
mud, and the jury returned a verdict that deceased was found drowned,
but how he came into the water there was no evidence to show.
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Folkestone Express 1 March 1879.
Monday, February 24th : Before R.W. Boarer Esq., Alderman Hoad, M. Ball
and J. Kelcey Esqs.
John Maginnis was charged with being drunk on Saturday in Queen's
Square, and also with begging. He pleaded Guilty to being drunk.
P.C. Hogben said about half past seven on Saturday evening he had a
complaint made to him that the prisoner had been begging and abusing Mr.
Worsell. A few minutes after, Mr. Jordan, of the Queen's Head, called
him to eject prisoner from his bar. He did so, and when in the street he
used threats to Mr. Jordan, and he was taken to the police station.
Edward Jordan said the prisoner went into his house and begged of the
persons in the bar, asking for a copper for a night's lodging. He
ordered him out, but he said he would not go. Prisoner was drunk.
Harry Goodwin, a lad employed by Mr. Worsell, butcher, said the prisoner
came into the shop on Saturday evening and asked for a copper. When he
was refused, he swore, and would not leave the shop.
He was convicted in November, 1877, for being drunk and disorderly.
He was sentenced to 21 days' hard labour.
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Folkestone Chronicle 20 January 1883.
Saturday, January 13th: Before The Mayor, Col. De Crespigny, and J.
Holden Esq.
Charles Barringer, publican, was charged with keeping his house open
during illegal hours on Sunday the 7th inst., and George Hawkins, Henry
Bull and John Taylor were charged with being there at the same time. All
pleaded guilty, and Barringer was fined £2 10s., and 8s. costs, and the
other defendants 5s., and 8s. costs each.
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Folkestone Express 20 January 1883.
Saturday, January 13th: Before The Mayor, Colonel De Crespigny, and J.
Holden Esq.
Charles Barringer was charged with keeping open his house during
prohibited hours for the sale of intoxicating liquor on Sunday, the 7th
inst.
George Hawkins, Henry Bull, and John Taylor were charged with being in
the house during prohibited hours.
All the defendants pleaded Guilty.
Sergt. Pay said that he was on duty in plain clothes about 11 o'clock on
Sunday and saw the three defendants go into the house, and when he, in
company with P.C. Gardner, entered, he saw two pints of beer had been
drawn, and a half pint was drawn and paid for in his presence.
Mr. Barringer said that the door had been left open by his servant and
the three men walked in. He thought the best and quickest way to get rid
of them was to let them have what they wanted.
The Bench fined Barringer 50s. and 8s. costs. The three other defendants
were fined 5s. and 8s. costs, or in default 7 days'.
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Folkestone Express 16 August 1884.
Friday, August 8th: Before The Mayor, General Armstrong, Alderman Hoad,
and F. Boykett Esq.
A woman named Rigg, apparently a native of the sister island, and the
wife of a stonemason, was charged with being drunk and disorderly, and
also with breaking a plate glass window, value £2, the property of Mr.
Barringer, landlord of the Queen's Head Inn. She pleaded Guilty.
The prosecutor said the prisoner went into his house about seven o'clock
in the morning of Thursday, and asked for half a pint of beer. He did
not notice at the time that she was not sober, but subsequently he saw
that she was the worse for drink, and was drinking out of other people's
glasses. He took a glass out of her hand, and in doing so spilt some of
the contents on her dress. She accused him of throwing a pail of water
over her. He removed her from the premises, when she said she would have
her revenge, and thereupon took off her shoe and with the heel smashed a
pane of glass over three feet square. He then gave her into custody.
The Bench fined her 5s. and 3s. 6d. costs for being drunk, and 1s. and
3s. 6d. costs for the damage, together with £2, the value of the window,
and in default seven days' hard labour for the first offence and 21
days' for the second.
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Folkestone News 16 August 1884.
Friday, August 8th: Before The Mayor, Alderman Hoad, General Armstrong
C.B., and F. Boykett Esq.
A woman named Ann Green was charged with being drunk and disorderly, and
also with wilfully breaking a square of glass at the Queen's Head Inn,
value 2s.
Defendant pleaded Guilty to the charges, with the reservation that she
did not break the glass wilfully. She said she had been a teetotaller
for eleven months, but a person brought her the news that one of her two
boys who were soldiering was dead, and gave her something to drink, and
that was how she came to do as she did. She begged God's pardon, and the
magistrates'.
The Bench convicted her, and the fines and damage amounted to £2 15s.
0d., instead of paying which she went to prison for a month.
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Folkestone News 22 November 1884.
Saturday, November 15th: Before The Mayor, Aldermen Caister and
Sherwood, Mr. J. Holden and Mr. J. Fitness.
Richard Oliver was charged with stealing nine pairs of stockings, value
12s., from the shop of Stephen Petts, on the 14th inst.
Prosecutor said the stockings were hanging outside his shop on Friday
morning. He identified the stockings produced as his property.
Charles Thew, a labourer, said he saw prisoner hawking some stockings
for sale, at 3d. per pair, in the Fish Market, about half past eleven on
Friday morning. Witness gave him 9d. for three pairs of them. Sergt.
Ovenden subsequently came to his house and h gave them up.
Turner Court said he saw the prisoner selling stockings, and he went up
to him, saying “What have you got?” Prisoner said “I will give you this
pair”. As soon as witness heard they were stolen property he went to Mr.
Petts's and gave them up. A few minutes afterwards Sergt. Ovenden came
in.
Edward Paine, a seaman, said the prisoner was offering stockings for
sale in the Railway Inn on Friday. Witness bought a pair for 6d.
Sergt. Ovenden said he found the prisoner in the bar of the Queen's Head
public house about ten minutes after one. The man was apparently asleep,
and the worse for drink. Witness took him to the police station. He made
no reply on being charged with theft. Witness received the stockings
produced from the above named witnesses.
Prisoner said he was Not Guilty. The stockings were handed to him by a
person he had seen several times in the town, who asked him to dispose
of them, as he might as well do that as stand about with his hands in
his pockets. The person spoken of said he would be satisfied if prisoner
brought back 1s. 9d., and appointed to meet him at the Queen's Head.
Prisoner had no idea they were stolen property.
The Bench found prisoner Guilty and sentenced him to six weeks' hard
labour.
Prisoner was then further charged with stealing three jugs, value 2s.,
from the shop of John Surrey on Thursday night.
Prosecutor identified the jugs produced.
Thomas Venner, a porter, said he saw prisoner at the Rendezvous. They
left the house together, and went along as far as Mr. Surrey's, when
witness saw prisoner take three jugs from the shop. Witness then turned
back.
Mr. Bradley: Why didn't you go into Mr. Surrey's shop and tell him?
Witness: Well, I thought it was nothing at all to do with me, and I made
no more to do but turned round and went back.
Mr. Bradley: Did you give information to the police?
Witness: No, sir.
Mr. Bradley: You thought he had a right to the things?
Witness: No, sir.
The Mayor: Do you mean to say you saw this man steal these jugs and
didn't think it was your duty to go and inform the police?
Witness: I could not say he stole them.
The Mayor: But you saw him take them?
Witness: Yes, sir.
The Mayor: Then why did you not go and inform them?
Witness: I did not know whether he bought them or not.
The Mayor: You ought to be ashamed of yourself.
George Warman, landlord of the Ship Inn, said the defendant came in on
Thursday night between half past nine and ten with three jugs. A
fisherman named Hart bought them of him. Hart left them with the
landlord to go to sea.
Prisoner (in reply to the usual question): To this charge I must plead
Guilty.
The Bench gave him a month's hard labour, to follow the last sentence.
The Mayor: Venner, I wish just to speak to you. The Bench consider the
way in which you have given your evidence is very unsatisfactory, and
the fact is you have run a very good chance of being put in the same
position as prisoner. You saw the man take the jugs and hadn't the
honesty to inform Mr. Surrey of his loss. Such conduct is very
reprehensible. You must be more careful.
Venner: Yes, sir. Thank you.
The Mayor: The Bench wish me to make a remark with regard to the
exposing of goods for sale by tradesmen. Now and then it acts as an
incentive to men out of employ to steal. We hope in future they will not
expose more goods than it is necessary.
Supt. Taylor said goods were very much exposed outside of the shops in
the town.
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Folkestone Express 20 November 1886.
Saturday, November 13th: Before The Mayor, J. Fitness, J. Clark and J.
Holden Esqs.
Benjamin Freeman, a labourer, who said he came from Bexhill, was charged
with stealing a quantity of whisky, cherry brandy, and cloves, the
property of Henry Spillett.
Henry Spillett, landlord of the Tramway Tavern, Radnor Street, said the
prisoner was in his house several times during Friday, drinking. The
last time was about half past five. He then remained about ten minutes.
No-one else was in the bar whilst prisoner was there. Witness was in the
bar parlour getting his tea when he heard the prisoner leave, and when
he went back into the bar two or three minutes after prisoner had left,
he missed two bottles from a shelf, one containing about a pint of
Scotch whisky, and the other about a pint of cloves. Previous to that,
about four o'clock in the afternoon, he missed two bottles – one of
cherry brandy, and the other a show bottle.
William H. Paul, landlord of the Marquis Of Lorne, said the prisoner
went to his house about two o'clock on Friday and took lodgings. He went
away and returned about three. He had a pint of beer, and took a bottle
from his pocket, and poured some of the contents into the beer. He asked
witness to taste it. He did, and said “That is funny stuff. What do you
call that?” He replied that he had a lot of it, brought from a shipwreck
at Romney. Two other lodgers came in, and they tasted the liquor in the
bottle, but none of them could say what it was. It tasted like a weak
solution of rum, sugar, and water. After that prisoner pulled out a full
bottle and offered to sell it for 2s. It had a capsule on it, but no
label. He drew the cork from the bottle and tasted it, and gave the
prisoner 2s. for it. He thought it was home made cherry wine. Prisoner
went away, and returned a few minutes before six. He then pulled another
bottle from his pocket, and witness found it was whisky. He told
prisoner he did not want it. Prisoner had another half pint of beer, and
poured something out of another bottle into it. He asked witness to
taste that, but he declined. He smelt the glass afterwards, and it smelt
strongly of cloves.
P.C. Lilley said he received information from the prosecutor that he had
lost a quantity of spirits. In consequence of what was said he went with
prosecutor to the Queen's Head, where they found the prisoner, and
prosecutor gave him into custody. Prisoner, in answer to the charge,
said “There is no charge. You can't find anything on me”. He at first
refused to go to the police station, but another constable came up, and
with some difficulty they conveyed him to the station. He had the
appearance of a man who had been drinking, but was not drunk. He had 6s.
and some bronze in his possession.
Prisoner pleaded Not Guilty, and said he bought three bottles of a man,
to whom he gave 3s. 6d. for them, and the other bottles he brought from
Romney. He was sentenced to one month's hard labour, and the Bench
recommended Mr. Paul in future not to buy bottles of liquor in his bar.
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Folkestone News 20 November 1886.
Saturday, November 13th: Before The Mayor, J. Fitness, J. Clark and J.
Holden Esqs.
Benjamin Freeman, a labourer, was charged with stealing a quantity of
whisky, cherry brandy, and cloves, the property of Henry Spillett.
Henry Spillett, landlord of the Tramway Tavern, Radnor Street, said the
prisoner came to his house several times during Friday drinking. The
last time was about half past five. He then remained about ten minutes.
Witness was in the bar parlour getting his tea when he heard the
prisoner leave, and when he went back into the bar two or three minutes
after prisoner had left he missed two bottles from a shelf, one
containing about a pint of Scotch whisky, and the other about a pint of
cloves. Previous to that, about four o'clock in the afternoon, he missed
two bottles – one of cherry brandy, and the other a show bottle.
William H. Paul, landlord of the Marquis Of Lorne, said the prisoner
went to his house about two o'clock on Friday and took lodgings. He went
away and returned about three. He had a pint of beer and took a bottle
from his pocket and poured some of the contents into the beer. He asked
witness to taste it. He did, and said “That is funny stuff. What do you
call that?” He replied that he had a lot of it, brought from a shipwreck
at Romney. Two other lodgers came in and they tasted the liquor in the
bottle, but none of them could say what it was. It tasted like a weak
solution of rum, sugar and water. After that, prisoner pulled out a full
bottle and offered to sell it for 2s. It had a capsule on it, but no
label. He drew the cork from the bottle and tasted it, and gave the
prisoner 2s. for it. He thought it was home made cherry wine. Prisoner
went away, and returned a few minutes before six. He then pulled another
bottle from his pocket, and witness found that it was whisky. He told
prisoner that he did not want it. Prisoner had another half pint of
beer, and put something out of another bottle into it. He asked witness
to taste that, but he declined. He smelt the glass afterwards, and it
smelt strongly of cloves.
P.C. Lilley said he received information from the prosecutor that he had
lost a quantity of spirits. In consequence of what he said he went with
prosecutor to the Queen's Head, where they found the prisoner, and
prosecutor gave him into custody. Prisoner, in answer to the charge,
said “There is no charge. You can't find anything on me”. He at first
refused to go to the police station, but another constable came up, and
with some difficulty they conveyed him to the station. He had the
appearance of a man who had been drinking, but was not drunk. He had 6s.
and some bronze in his possession.
Prisoner pleaded Not Guilty, and said he bought three bottles off a man,
to whom he gave 3s. 6d. for them, and the other bottles he brought from
Romney.
The Bench sentenced him to one month's hard labour, and recommended Mr.
Paul in future not to buy bottles of liquor in his bar.
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Folkestone Chronicle 23 June 1888.
County Court.
Tuesday, June 19th: Before W.L. Selfe Esq.
J. Banks and Others v C. Barringer: This was a claim for £3 15s. The
defendant, who did not appear, was formerly the landlord of the Queen's
Head, Folkestone, but now kept a public house at Deal. Mr. Eldridge attested the signature. His Honour made an order for payment in 14 days. |
Folkestone Chronicle 1 September 1888.
Saturday, August 25th: Before The Mayor, J. Holden and J. Fitness Esqs.
Jemima Davidson was charged with using obscene language in Seagate
Street.
Mrs. Major, landlady of the Queen's Head, was the complainant. She said
on Monday, shortly after six, the defendant went to her house and made a
disturbance. She did not appear to be sober, and was ordered to go
outside. When she got outside she was very abusive, and used most
offensive language. In consequence of her conduct complainant sent for a
policeman.
Benjamin Harris said he was in the house when the defendant went in. He
heard her use filthy language.
Defendant said her husband left her on Monday morning, taking with him
all the money she had, and which was owing for rent. She went to look
after him, and found him in complainant's house with a black eye and one
boot off.
Mr. Minter said the man had no drink in complainant's house. He and his
wife were a perpetual nuisance to her, and she wished to keep them from
using the house.
The Bench fined defendant 10s. and 10s. costs, or seven days'.
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Folkestone Express 1 September 1888.
Saturday, August 25th: Before The Mayor, J. Holden and J. Fitness Esqs.
Jemima Davidson was charged with using obscene language in Seagate
Street.
Mrs. Major, landlady of the Queen's Head, was the complainant. She said
on Monday, shortly after six, the defendant went to the house and made a
disturbance. She did not appear to be sober, and was ordered to go
outside. When she got outside she was very abusive and used most
offensive language. In consequence of her conduct, complainant sent for
a policeman.
Benjamin Harris said he was in the house when the defendant went in. He
heard her use filthy language.
Defendant said her husband left her on Monday morning, taking with him
all the money she had, and which was owing for rent. She went to look
after him, and found him in complainant's house with a black eye and one
boot off.
Mr. Minter said the man had no drink in complainant's house. He and his
wife were a perpetual nuisance to her, and she wished to keep them from
using the house.
The Bench fined defendant 10s. and 10s. costs, or seven days'.
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Folkestone Express 18 May 1889.
Saturday, May 11th: Before W. Bateman, J. Holden, J. Hoad and J. Fitness
Esqs.
David Philpot was summoned for being drunk and disorderly in Beach
Street on the 3rd of May. He admitted that he was “a little the worse
for drink”.
P.C. Osborn said he saw the defendant in Beach Street, very drunk and
creating a disturbance. He used very bad language, and caused a large
crowd to assemble. Witness had previously ejected him from the Queen's
Head Inn. Defendant's wife eventually took him away.
Defendant, who was one of the witnesses in the smuggling case, said he
had been a teetotaller for two years, but he had a little to drink that
day.
The Magistrates' Clerk: I suppose you had some of that champagne?
Defendant: Yes, I had a little drop. (Laughter)
Mr. Fitness: That was the Skylark, wasn't it?
The Superintendent: Yes, and this is a lark arising from it.
The Bench inflicted a fine of 5s. and 9s. costs, and recommended the
defendant to again become a teetotaller.
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Folkestone Chronicle 22 June 1889.
Thursday, June 20th: Before Captain Crowe and J. Brooke Esq.
George White, a tramp, was charged with stealing a cheese, value 2s.
6d., the property of Joseph Baxendale (Pickford and Co.).
Herbert Major, landlord of the Queen's Head Inn, said on Wednesday
afternoon one of Pickford's vans was standing opposite the Royal George,
and he saw the prisoner take something out of the van, put it under his
coat, and run in the direction of Radnor Street. He told the driver of
the van what he had seen, and afterwards went with P.C. Bailey to the
Radnor lodging house, where he pointed out the prisoner. There was a
cheese on the table, cut into pieces.
William Rye, a carman in the employ of Messrs. Baxendale, said he was
delivering beer at the Royal George Inn, and had 25 Dutch cheeses in his
van. He was in the cellar, and when he came up Mr. Major told him what
had occurred.
Prisoner was sentenced to two months' imprisonment.
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Folkestone Express 22 June 1889.
Thursday, June 20th: Before Captain Crowe and J. Brooke Esqs.
George White was charged with stealing a cheese, value 2s. 6d., the
property of Joseph Baxendale.
Herbert Major, landlord of the Queen's Head Inn, said on Wednesday
afternoon one of Pickford's vans was standing opposite the Royal George.
Prisoner was standing by the van. Witness saw him take something out of
the van, put it under his coat, and run in the direction of Radnor
Street. He told the driver of the van what he had seen, and afterwards
went with P.C. Bailey to the Radnor lodging house, where he pointed out
the prisoner. There was a cheese on the table, cut into pieces.
William Rye, carman in the employ of Messrs. Baxendale (Pickford and
Co.), said he was delivering beer at the Royal George Inn, and had 25
Dutch cheeses in his van. He was in the cellar, and when he came up Mr.
Major told him what had occurred. He counted the cheeses and found one
was missing.
P.C. Bailey proved apprehending the prisoner at the Radnor and finding
the cheese on the table. When charged he said he knew nothing about it.
Prisoner was sentenced to two months' imprisonment.
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Folkestone Express 12 October 1889.
Monday, October 7th: Before J. Banks and J. Brooke Esqs., and Surgeon
General Gilbourne.
James Loveday was charged with wilfully damaging the woodwork in the
Queen's Head. He pleaded Guilty. He was further charged with resisting
the police.
The landlord of the Queen's Head, Beach Street, said the man went into
his house on Saturday evening with a friend. The friend called for a
pint of beer, which they drank between them, and the friend left.
Defendant remained and called for another half pint, which he refused to
draw, as he appeared to be under the influence of drink then. He said he
would kick the front of the bar in, which he did, breaking a panel. A
constable came in and he gave the defendant in charge. The damage was
5s.
Sergeant Butcher said the prisoner was given over into his custody,
charged with wilful damage. He said he should not go. Witness caught
hold of one arm, and P.C. Hogben the other. He went a few paces and then
tried to throw them both down. He was very violent and his conduct was
like that of a madman. He knocked witness on the nose. They had to
handcuff the prisoner, tie his legs, and carry him up the High Street.
At the police station he commenced to tear his clothes up with his
teeth. He tore his coat up, and in the police cell he tore his trousers.
Witness had to buy the prisoner a “new suit”.
P.C. Lawrence said he saw the prisoner behaving very violently, kicking
and biting. He assisted in securing the prisoner, and as they were
carrying him up High Street he bit witness's leg.
Supt. Taylor said the prisoner was before the Court on the 6th October,
1885, when he was sentenced to six weeks' hard labour for assault, and
six weeks for larceny. He was fined 10s., 5s, the damage, and 4s. 6d.
costs for the first offence, and 20s. and 4s. 6d. costs for the second,
and in default 14 days' imprisonment for each.
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Folkestone Chronicle 30 August 1890.
Annual Licensing Session.
Wednesday, August 27th: Before The Mayor, Major H.W. Poole, Alderman
Pledge, Dr. Bateman, and J. Clarke Esq.
Superintendent Taylor complained of the manner in which the Queen's Head
was conducted by Mr. Tame. Several men, he stated, were found on the
premises at five and twenty minutes to one on the 12th of July. The
landlord claimed them to be his friends, but since then there had been
another complaint of a similar nature. The general conduct of the house
was unsatisfactory.
The licence was ordered to be held over until the adjourned sessions.
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Folkestone Express 30 August 1890.
Wednesday, August 27th: Before The Mayor, Dr. Bateman, Alderman Pledge,
J. Clark, F. Boykett and H.W. Poole Esqs.
The Brewster Sessions were held on Wednesday. Most of the old licenses
were renewed, but some were objected to by the Superintendent of Police.
The Queen's Head.
Supt Taylor said this was a house conducted in a very unsatisfactory
manner. At 25 minutes to one on the 12th January some persons were found
in the house, and they claimed to be the landlord's friends, and since
then there had been another complaint of a similar nature. The general
conduct of the house was unsatisfactory.
Dr. Bateman thought it was a pity the parties were not brought before
the Magistrates for them to deal with.
Supt. Taylor said every difficulty was put in the way of the police.
Before they were admitted there was time to concoct a story and to put
away any glasses which might be on the counter.
This application was ordered to stand over.
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Folkestone Chronicle 27 September 1890.
Adjourned Licensing Sessions.
Wednesday, September 24th: Before The Mayor, Colonel De Crespigny, Major
Poole, Alderman Pledge, and J. Clark Esq.
Walter Tame, of the Queen's Head, again applied for the renewal of his
licence.
Police constable Lilley stated that he visited the Queen's Head on the
night of the 12th January (Sunday). He saw two people leave the house
about 12.35. He saw some people inside about twelve months ago at
midnight, but when he got inside they were gone, having escaped by the
window into the yard below.
Sergeant Harman said he visited the house about one o'clock on the 10th
of July. He tried the back door and it was twenty minutes before he
could get in. In the bar he saw a man named Burton, belonging to Dover,
drinking. He went upstairs and saw a man in bed. His name was Frank
Lister. Witness shook him, but he pretended he was asleep and would not
answer. He pulled the clothes off and found that he was dressed, and
looked as though he had gone to bed in a hurry (Laughter).
By Mr. Minter: I don't know that Burton belonged to 15, De Burgh St.,
Dover. I have seen him before.
P.C. Lawrence said on Sunday morning, the 6th of July, he visited the
house in company with the last witness, and found Burton in the bar with
a pint of beer. He saw Lister in bed. The landlord said the man was the
worse for drink, and he put him to bed to take care of him.
Superintendent Taylor said he saw the defendant on the 13th of January
and told him that people had been seen leaving his house early that
morning, and that he must be more careful in the future. He promised to
do so.
Mr. Minter, in defence, put in a post card which came from Burton, at
Dover, on the 4th of July stating that he was going to lodge at the
Queen's Head. His defence was that Burton was a lodger. As for the other
man, he was taken ill on the premises and the landlord put him to bed.
That was just before closing time, and he would call a witness to prove
it.
James Carter said he was at the Queen's Head on the night of the 5th of
July. He saw Lister there about a quarter to eleven. He asked defendant
to let him go to bed because he was ill. Witness saw him go upstairs,
and left the house himself before closing time.
The Mayor said it was an aggravated case and different to all the
others. Defendant's advocate had pleaded the case remarkably well, but
the Bench could not lose sight of the fact that there were two cases in
one year. He did not believe the statement that the man Lester was taken
ill. He must have been a very merciful landlord, because it was
generally the case that when the people were drunk and had emptied their
pockets they were turned out into the streets. The licence would be
renewed, but it would not be well for him to come before them again in a
similar manner.
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Folkestone Express 27 September 1890.
Wednesday, September 24th: Before The Mayor, Colonel De Crespigny, J.
Clark, J. Pledge, W.G. Herbert, and H.W. Poole Esqs.
Adjourned Licenses.
This was the adjourned licensing session, and several certificates which
had been postponed were applied for.
The Queen's Head.
In this case the Superintendent had reported that on the 12th of January
three persons were seen to leave the house after hours.
P.C. Lilley gave evidence as to the facts, and said Mr. Thane had told
him they had been to the house on business. He had visited the house
previously and found no-one there, but there was a window open through
which persons could pass out.
Mr. Minter, who appeared for the applicant, cross-examined the witness
with a view to show that the parties in the house were friends of the
landlord.
Mr. W.H. Harrison appeared in this case also on behalf of Messrs. Nalder
and Colyer.
Sergt. Harman said on the 6th of July he visited the house at 20 minutes
past one. He saw a man there named Barton, who said he was a lodger,
sitting in the bar. He searched the house and found a man named Frank
Lester, belonging to Foord, in bed partly dressed. He tried to wake him,
but the landlord said he was drunk, and he took compassion on him and
put him to bed. He thought Lester was shamming – he looked as though he
had been put to bed in a hurry. The house was surrounded by the police,
so that no-one could make his escape.
In answer to Mr. Minter, Sergt. Harmer said he should say the man Lester
was sober. The landlord said he got drunk there, and he put him to bed.
P.C. Lawrence corroborated Sergt. Harman's statement.
Superintendent Taylor said on the 13th of January, in consequence of the
report made to him by Lilley, he saw the defendant and cautioned him as
to the way in which he conducted his house.
Mr. Minter assured the Bench that the two persons who were in the house
were guests of the landlord, and he contended that if there was an
offence the landlord should have been summoned at the time. With regard
to the man Barton, he was a lodger, and resided at Dover, and in support
of this contention he put in a postcard received from him by the
landlord in July last. The man Lester was taken ill there, and the
landlord put him to bed.
James Carter, living in Dover Street, said on the 5th July he was at the
Queen's Head, and saw Lester there from half past ten till a quarter to
eleven. He heard Lester ask to be allowed to go to bed before closing
time. Lester appeared to be ill.
The Mayor said the Magistrates thought this to be a very aggravated case
– far different to the others. He believed when the applicant went to
the house he was a respectable man, and conducted the house properly.
The police were again blamed for being too merciful; there were such
things as sham friendships and sham hospitality, and it was foolish for
publicans to set up such defences. They believed defendant had committed
a flagrant breach of the Act. The licence was, however, renewed with a
caution.
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Folkestone Chronicle 1 August 1891.
Wednesday, July 29th: Before The Mayor, Captain Crowe, Major H.W. Poole,
W.G. Herbert Esq., and Alderman Banks.
George Bailey was charged with leaving a horse and cart unattended in
Beach Street on the 18th of July.
P.S. Lilley proved the charge. He saw it standing there from 8.32 till
8.40. Defendant was in the Queen's Head.
Fined 5s., and 9s. costs.
|
Folkestone Chronicle 8 April 1893.
Saturday, April 1st: Before Messrs. W.H. Boykett, H.W. Poole, W.G.
Herbert, J. Brooke, and Alderman Pledge.
Thomas Warman, a fisherman, was summoned for being found drunk on the
premises of the Queen's Head public house on the 29th ult.
Mr. Haines appeared for Warman and pleaded Not Guilty.
P.S. Dawson deposed that on the day named, at 9.30 in the evening, he
was called to the Queen's Head. He there found P.C.s Osborne and Earle,
who were attempting to eject Warman. The latter was offering a very
stubborn resistance, and blood was flowing from his nose. When he was
got outside the house he endeavoured to return to fight with a man named
Philpott, but he was eventually induced to go away by his friends.
By Mr. Haines: He formed an opinion that defendant was drunk when he
found him outside with his friends.
P.C. Osborne said he was called to the Queen's Head by three women, who
shouted out “For God's sake come here or we shall be murdered”. He
entered the house and found the defendant fighting with Philpott.
Witness called to his assistance P.C. Earl, and together they removed
Warman. He was taken away by two of his friends.
By Mr. Haines: The defendant required the support of his two friends in
order to get away. They were afraid he would be locked up if allowed to
remain in the street.
P.C. Earl gave corroborative evidence.
Mr. Haines said he should now call evidence to show that defendant was
not drunk, as alleged. It seemed to him that because a man was violent
and quarrelsome, the police laboured under the impression that he must
needs be drunk. He would, however, bring evidence to show that it was
not so, in this case at any rate.
James Philpott, fisherman, then deposed that whilst he was in the
Queen's Head the defendant came in and they entered into a dispute about
money matters.
Mr. Haines: And you got to words? – Yes.
Did you get to anything else? – Yes; he told me he wouldn't pay me, and
then I gave him a “wipe” across the face.
I believe, as a matter of fact, the landlord immediately came round? –
Yes, sir.
And very soon the constables? – Three constables rushed in directly
minute.
Did they ask for any information? – Not then. Warman went out and I sat
there.
Did they throw Warman out? – There was some struggling.
Mr. Bradley: What did the defendant have to drink? – He called for a
half pint of beer, and the landlord served him in a pint glass.
What else did he have? – I didn't see him have anything else.
Robert Day, a Yankee, who lodged in the same house as the defendant,
said he saw Warman after the episode at the public house, and he did not
think he was drunk.
Henry Vickers, a cutler, said he saw defendant at the Queen's Head.
Mr. Haines: Did you notice his condition? – He was all right.
You mean to say he was sober? – Yes, perfectly sober.
Did you see what liquor he had? – He only had one pot, and half of that
was knocked over.
How long did this affair last? – Only about two minutes. I didn't think
it was anything to bother about.
This concluded the evidence, and a previous conviction for drunkenness
having been proved against defendant, the Bench found him guilty in this
case and fined him 5s. and 14s. costs.
Walter Thame, landlord of the Queen's Head, was summoned for permitting
drunkenness on his premises on the 20th March.
The above particulars were repeated, but on the advice of Mr. Bradley
the case was stopped and the charge dismissed, the Bench pointing out
that no evidence had been given to show that Warman had been supplied
with liquor.
|
Folkestone Express 8 April 1893.
Saturday, April 1st: Before F. Boykett, W.G. Herbert, H.W. Poole, J.
Brooks, and J. Pledge Esqs.
Thomas Warman was summoned for being drunk on licensed premises. Mr.
Haines appeared for defendant.
Sergt. Dawson said about half past nine on the 20th March he was called
to the Queen's Head. He found there P.C.s Osborne and Earl ejecting
Warman, who was drunk. His nose was bleeding, and there was a quantity
of blood on the floor. After he was ejected he wanted to go back again
to fight a man named Philpott. He was taken away by his friends.
In answer to Mr. Haines, the witness said the defendant could not stand.
He was taken away by his friends.
P.C. Osborne said he was called on the 20th March at 9.30 by three women
to go to the Queen's Head. They said murder was being done in the house.
He went into the bar and found defendant there very drunk, and fighting
with Philpott. With the assistance of P.C. Earl he ejected him, and he
wanted to return. There was no doubt about his being drunk. He was taken
away in the direction of Radnor Street. He wanted their support, and
they were afraid they would have to lock him up.
P.C. Earl gave similar evidence.
Mr. Haines said he should prove by several witnesses that defendant was
not drunk – he was excited and fighting – of that there was no doubt.
David Philpott said he was in the Queen's Head on the 20th. Defendant
went in. He was not drunk. There was a disturbance between them over
money matters. They got to words. Defendant said he would not pay him,
and he gave him “a wipe across the face”. The landlord went round, and
then a constable rushed in “directly minute”. Warman went out. He could
not say if the constables threw him out. They got him out.
By the Clerk: I went to the house about half past eight. Defendant came
in about a quarter to ten. He called for half a pint of beer, and the
landlord served him in a pint glass.
Robert Day said he lodged with the defendant. He went home on the 20th
March about ten o'clock. He was sober, but bleeding from the nose.
Henry Vickers, of 46, Black Bull Road, said he was in the Queen's Head
on the occasion referred to. He saw the defendant there about ten. He
was perfectly sober. He only had one drink of beer, and then he was
knocked over. He heard something said about a shilling, and saw Philpott
strike defendant. The landlord was in the bar, and went round to the
lobby. The disturbance did not last two minutes.
There was a previous conviction against the defendant for drunkenness.
The Bench considered the case proved and fined the defendant 5s. and
14s. costs, or seven days'.
Walter Thame was then charged with permitting drunkenness on his
premises, the Queen's Head, on Monday the 20th March. This case arose
out of the preceding.
Sergeant Dawson said when all was quiet he saw the defendant and asked
him what the noise was about, and he said there had been a dispute about
a shilling, and Philpott struck Warman. Next morning he asked Thame if
he was going to summon Warman for being drunk and refusing to quit. He
said “No. If you had not been here, I should have put him out myself,
and you could have done as you liked afterwards”.
In answer to Mr. Haines, the witness said he went by the instructions of
the Superintendent to ask Thame whether he was going to summon Warman.
He said Warman was not drunk. He did not see any blow struck, but saw
Warman struggling with a constable.
Without troubling Mr. Haines to address them, the Bench at once
dismissed the case.
|
Folkestone Chronicle 16 September 1893.
Local News.
Not many hours had elapsed since the Town Hall was occupied by a gay and
brilliant company who were enjoying the pleasures of the terpsichorean
art, when a gathering of a very different nature took place within it's
walls at eleven o'clock on Wednesday morning. In the short space which
had elapsed the Hall had been denuded of all it's tasty decorations and
luxurious appointments, and had put on it's everyday appearance for the
transaction of the business of the Special Licensing Session, which had
been appointed for the purpose of dealing with the licenses to which
notice of opposition had been given by the police.
At the end of the Hall, backed by high red baize screens, raised seats
had been arranged for the accommodation of the Licensing Justices. Here
at eleven o'clock the chair was taken by Mr. J. Clark, ho was
accompanied on the Bench by Alderman Pledge, Messrs. Holden, Hoad,
Fitness, Davey, Poole, and Herbert.
Immediately in front of the Bench were tables for the accommodation of
Counsel and other members of the legal profession, while in close
proximity were seats for Borough Magistrates who were not members of the
Licensing Committee, and for the brewers and agents interested in the
cases that were to occupy the attention of the Bench. The body of the
Hall was well filled with members of the trade and the general public,
whilst there was quite an array of members of the police force who were
present to give evidence.
Objection to a Temperance Magistrate.
Mr. Glyn, barrister, who, with Mr. Bodkin, appeared in support of the
opposed licenses, made an objection at the outset against Mr. Holden
occupying a seat on the Bench. Mr. M. Bradley (solicitor, Dover), who
appeared on behalf of the Temperance Societies, rose to address the
Bench on the point, but an objection was taken on the ground that he had
no locus standi. The Magistrates retired to consider this matter, and on
their return to the court they were not accompanied by Mr. Holden, whose
place on the Committee was taken by Mr, Pursey.
Mr. Glyn's Opening.
Mr. Glyn said he had consulted with the Superintendent of Police, and
had agreed to take first the case of the Queen's Head. He accordingly
had to apply for the renewal of the licence. The Queen's Head was
probably known by all the gentlemen on the Bench as an excellent house.
The licence had been held for a considerable number of years, and the
present tenant had had it since 1889. It was a valuable property, worth
some £1,500, and the tenant had paid no less than £305 valuation on
entering the house. He need hardly tell the Bench that the licence was
granted a great many years ago by their predecessors, and it had been
renewed from time to time until the present. The Superintendent of
Police was now objecting on the ground that it was not required, and
that it was kept disorderly. With regard to the objection of the
Superintendent to all these licenses, he (Mr. Glyn) thought he would
admit when he went into the box that it was not an objection he was
making on his own grounds, but an objection made in pursuance of
instructions received from some of the members of the Licensing
Committee. Of course a very nice question might arise as to whether
under the circumstances the requirements of the section had been
complied with, and as to the Superintendent acting, if he might say so,
as agent for some of the justices had no locus standi at all to oppose
these licenses. The Superintendent of Police, in his report, states that
he raised these objections “in pursuance of instructions received from
the Magistrates”. Therefore, those gentlemen who gave those instructions
were really in this position: That having themselves directed an enquiry
they proposed to sit and adjudicate upon it. He knew there was not a
single member of that Bench who would desire to adjudicate upon any case
which he had pre-judged by directing that the case should be brought
before him for that particular purpose, and he only drew their attention
to the matter. He did not suppose it would be the least bit necessary to
enquire into it, because he felt perfectly sure, on the grounds he was
going to put before the Bench, that they would not refuse to renew any
one of these licenses. But he thought it right to put these facts before
them, in order, when they retired, that they might consider exactly what
their position was.
There was another thing, and it applied to all these applications. There
was not a single ratepayer in the whole of this borough who had been
found to oppose the renewal of any of the licenses. The first ground of
objection was that the licenses were not required. He repeated that no
ratepayer could be found who was prepared to come before the Bench and
raise such a point. No notice had been given by anybody except by the
Superintendent, who had given it acting upon the instructions of the
Bench.
He understood that even the Watch Committee, which body one generally
thought would be expected to get the ball rolling, had declined to have
anything to do with the matter, and had declined to sanction any legal
advice for the purpose of depriving his clients of what was undoubtedly
their property. He ventured to say, with some little experience of these
matters, that there never was a case where licenses were taken away on
the ground that they were not required, simply because some of the
learned Magistrates thought the matter ought to be brought before them,
without any single member of the public raising any objection to any of
the licenses, and the Watch Committee not only keeping perfectly quiet,
but declining to enter into the contest.
He was dealing with the case of the Queen's Head, but his remarks would
also apply to the others, with the exception of the cases of three
beer-houses, the licenses of which were granted before the passing of
the 1869 Act, and his client was, therefore, absolutely entitled to a
renewal. With regard to the other licenses, they were granted a great
many years ago. Although at that time the population of the Borough was
about half of what it is now the Magistrates thought they were required
then. They had been renewed from time to time since then, and were the
Magistrates really to say that licenses which were required for a
population of 12,000 were not necessary for a population of 25,000? He
ventured to say, if such an argument were raised by the other side, that
it was an absurdity. He should ask the Bench to consider first, and if
they formed an opinion on it it would save time, whether having regard
to the fact that all the licenses were granted a great many years ago
when the population was nothing what like it is now, and also that there
had not been a single conviction since the renewals last year. They were
prepared to refuse the renewal of any of the licenses. He asked them to
decide upon that point, because it decided the whole thing.
Some of the objections were only raised on the ground that the licenses
were not required; others referred to the fact that there had been
previous convictions, or that the houses had been kept in a disorderly
manner. With regard to any conviction before the date of the last
renewal he contended that the Bench had, by making the renewal, condoned
any previous offence. In not one single instance had there been a
conviction during the past year in respect of one of the houses for
which he asked for a renewal, and he ventured to put to the Bench what
he understood to be an elementary principle of British justice, that
they would not deprive the owner of his property simply because it was
suggested that the house had not been properly conducted, and where that
owner had never had an opportunity of appearing before the Bench in
answer to any charge which had been brought against his tenant. He
challenged anybody to show that there was a single case in any Bench
where a license had been taken away after renewal without there being a
criminal charge made against that house, but only a general charge to
the Licensing Committee.
Mr. Bodkin, who followed, reminded the Bench of their legal position
with regard to the renewal of licenses, and quoted the judgement of Lord
Halsbury in the case of Sharpe v Wakefield, in which he said in cases
where a licence had already been granted, unless some change during the
year was proved, they started with the fact that such topics as the
requirements of the neighbourhood had already been considered, and one
would not expect that those topics would be likely to be re-opened.
Continuing, Mr. Bodkin said that was exactly the position they were in
that morning. There had been no change with respect to these houses
except that Folkestone had increased in population, and there had been
an absence of any legal proceedings against any of the persons keeping
these houses. He ventured to say it would be inopportune at the present
time to take away licenses where they found the change had been in
favour of renewing them.
Mr. Minter said he appeared for the tenants of the houses, and he
endorsed everything that had fallen from his two learned friends, who
had been addressing them on behalf of the owners. Mr. Glyn referred to
the population having increased twofold since the licenses were granted,
and he (Mr. Minter) would point out that while the population had
increased no new licenses had been granted for the past twelve years.
Mr. Minter then referred to the fact that there was not a single record
on the licenses of any one of the tenants. Was there any argument he
could use stronger than that? As to the objection that the houses were
not required for the public accommodation, he was prepared to show, by
distinct evidence, that each tenant had been doing a thriving business
for the last four or five years, and that it did not decrease. How was
it possible, in the face of that, to say they were not required for the
public accommodation?
Mr. Bradley then claimed the right to address the Bench on behalf of the
Temperance Societies, but an objection was raised by his legal opponents
that he had no locus standi, as he had given no notice of his intention
to appear, and this contention was upheld by the Bench.
The Bench then retired for a consultation with their Clerk on the points
raised in the opening, and on their return to the Court the Chairman
said the Magistrates had decided where there were allegations of
disorderly conduct the cases must be limited to during the year, and no
cases prior to the licensing meeting last year would be gone into. They
thought it was right that the Superintendent should state the cases that
they might be gone into, and that the Bench might know what the
objections were.
The Queen's Head.
This case was then gone into.
Mr. Glyn said what they wanted to know was whether there had been any
disorderly conduct during the past year.
Superintendent Taylor: That is what I propose to prove.
Sergeant Dawson said on the 1st April, 1893, he was present at the
police court when a man named Thomas Warman was fined 5s. and 14s. costs
for being drunk and disorderly on the premises. The tenant, Walter Tame,
was summoned for permitting drunkenness, but the case against him was
dismissed.
Mr. Glyn said the case was dismissed without the tenant's legal adviser
being called upon.
Mr. Minter: I believe before the Bench it was shown that no drink at all
was given to the man.
Sergeant Dawson: I could not prove that any drink was served to him in
the house.
Mr. Minter: The fact was a drunken man came into the house, and we were
going to turn him out, when the police came and put him out for us.
(Laughter)
Sergeant Swift said he had measured a distance of 100 paces from the
Queen's Head, and he had found that there were seventeen licensed houses
within that area.
By Mr. Glyn: All the houses have been there for years to my knowledge.
Mr. Glyn submitted that there was nothing for him to answer. With regard
to the charge of disorderly conduct, he submitted that the Bench would
not deprive the tenant of his licence unless he had been charged, so
that the matter could be legally investigated. As a matter of fact there
had been no disorderly conduct. There was a charge, but it was dismissed
by the Magistrates without calling upon his legal adviser to address
them.
The Magistrates having held a consultation amongst themselves, Mr. Glyn
said he hoped the Bench would state whether they thought the
Superintendent had made out a prima facie case for objecting to the
renewal of the licence. If they decided that he had made out a prima
facie case then he should have to call witnesses to rebut it.
The Chairman said the Magistrates would not require any witnesses to be
called to rebut the charge of disorderly character, but they would
require to hear evidence whether the house was required or not.
Mr. Minter: That necessitates my calling a witness to show that the
business is an increasing one.
Walter Foster Crouch, manager to Messrs. Nalder and Colyer, the owners
of the house said the property was valued at £1,500. Mr. Tame became
tenant of the house in August, 1887, and he paid £305 for the valuation
on taking possession. An increasing trade was done at the house; at
present it was about six barrels a week. The tenant was a thoroughly
respectable man, and had been with them for three or four years.
By Mr. Minter: He has much improved the trade since he has had the
house.
Walter Tame, the tenant, also gave evidence.
Supt. Taylor: Do you remember what took place on the 1st April of the
present year between you and the police?
Witness: The police came into the house because they were told there was
a disturbance. They ejected one of the persons but he was not drunk.
By Mr. Bodkin: It was in respect of that that I was summoned, and the
Magistrates dismissed the case without calling upon my solicitor.
By Mr. Minter: We are frequently rung up at night by the police to take
in lodgers.
A Doctrine Of Confiscation.
This concluded the list of objections, and Mr. Glyn addressed the Bench,
saying the result of the proceedings was that with regard to all the
houses, except the Tramway, there was no serious charge of any kind. As
to the Tramway, he challenged anybody to show that any Bench of Justices
had ever refused to grant licenses unless the landlords had had notices,
or unless there had been a summons and a conviction against the tenant
since the last renewal. With regard to the other houses the only
question was whether they were wanted or not. Superintendent Taylor,
who, he must say, had conducted the cases most fairly and most ably, had
picked out certain houses, and he asked the Bench to deprive the owners
of their property and the tenants of their interest in respect of those
houses, while the other houses were to remain. How on earth were the
Bench to draw the line? There were seven houses in one street, and the
Superintendent objected to four, leaving the other three. In respect to
one of these there had been a conviction, and in respect of the others
none. Why was the owner of one particular house to keep his property,
and the others to be deprived of theirs? Mr. Glyn enforced some of his
previous arguments, and said if the Bench deprived his clients of their
property on the grounds that had been put forward they would be adopting
a doctrine of confiscation, and setting an example to other Benches in
the county to do the same.
The Decision.
The Bench adjourned for an hour, and on their return to the Court the
Chairman announced that the Magistrates had come to the decision that
all the licenses would be granted with the exception of that of the
Tramway Tavern.
Mr. Glyn thanked the Bench for the careful attention they had given to
the cases, and asked whether, in the event of the owners of the Tramway
Tavern wishing to appeal, the Magistrates' Clerk would accept service.
Mr. Bradley: Yes.
|
Folkestone Express 16 September 1893.
Adjourned Licensing Session.
The special sitting for the hearing of those applications for renewals
to which the Superintendent of Police had give notice of opposition was
held on Wednesday. The Magistrates present were Messrs. J. Clark, J.
Hoad, W.H. Poole, W.G. Herbert, J. Fitness, J.R. Davy, J. Holden, C.J.
Pursey and J. Pledge.
Mr. Lewis Glyn and Mr. Bodkin supported the applications on behalf of
the owners, instructed by Messrs. Mowll and Mowll, with whom were Mr.
Minter, Mr. F. Hall, and Mr. Mercer (Canterbury), and Mr. Montagu
Bradley (Dover) opposed on behalf of the Good Templars.
Before the business commenced, Mr. Bradley handed to Mr. Holden a
document, which he carefully perused, and then handed to Mr. J. Clark,
the Chairman.
Mr. Glyn, who appeared for the applicants, speaking in a very low tone,
made an application to the Bench, the effect of which was understood to
be that the Justices should retire to consider the document. The
Justices did retire, and on their return Mr. Holden was not among them.
Mr. Glyn then rose to address the Bench. He said he would first make
formal application for the renewal of the licence of the Queen's Head.
It was known to all the gentlemen on the Bench as an excellent house,
and the licence had been held for a considerable number of years. The
present tenant had held it since 1887; it's value was £1,500, and the
present tenant had paid no less than £305 for valuation for going into
the house. The licence was granted a great many years ago, and had been
renewed from time to time. The Superintendent of Police now opposed on
the ground that it was no longer required and was kept in a disorderly
manner. First, with regard to the objections of the Superintendent, he
thought he would admit when he came into the box that it was not he who
was making the objections to all those licenses, but that they were made
in consequence of instructions received from some members of the
Licensing Committee. Of course in his view, and in their view, a very
serious question might arise, whether the Licensing Committee had any
locus standi. His general observations in that case would apply to all
the cases. The Superintendent, in raising those objections, was acting
under instructions from the Licensing Magistrates, so that they were
really in this position, that they were sitting to adjudicate in a case
they themselves directed. He felt certain the Bench would not refuse to
renew one of those licenses, but he thought it right to put the facts
before them, in order that when they retired they might consider what
their position was. He also pointed out that there was not a single
ratepayer objecting to any of the renewals. The first ground of
objection was that the houses were not required. Before going further he
referred to the very important action of the Watch Committee, who were
the parties one would expect to put the law in action. But they declined
to have anything to do with it, and declined to sanction any legal
advice to the Superintendent for the purpose of depriving his clients of
what undoubtedly was their property. He ventured to think that in all
his large experience in these matters that there never was a case where
a licence was taken away simply because it was not required, or simply
because some of the learned Magistrates thought it ought to be done and
instructed the Superintendent to raise objections. There were two or
three of the houses existing before 1869, and therefore his clients were
entitled to a renewal of their licenses, there having been no
convictions against them during the year. With regard to the other
licenses, they were granted a great many years ago, at a time when th
population of this borough was about half what it is now, and the
Magistrates then thought they were required. They had been renewed from
time to time by that body, and were they willing to say now that they
were not required, and deprive the owners and tenants of their property
and of their licenses? There was not a single Bench in the county,
which, up to the present time, had deprived any one tenant of his
licence and his property, simply because a suggestion had been made that
it was not required. There had been one case in the county two years
ago, but the party appealed to the Court of Quarter Sessions, and that
Court said the licence ought to be granted. It would be very unfair to
his clients, several of whom had spent large sums of money on their
property, to refuse a renewal of their licenses, especially having
regard to the fact that they were granted a great many years ago, and
against which there had not been a single conviction during the year. In
order to save time, he put two questions before the Magistrates:- first,
were they prepared to deprive the owners and tenants of their property,
and secondly, the licenses having all been renewed since any conviction
had taken place, were they prepared to deprive the owners of their
property without their having an opportunity and investigating the
charges brought against them. It would save a great deal of time if the
Bench would consider those two points.
Mr Bodkin followed with a few supplementary remarks. He referred to the
case of “Sharpe v Wakefield”, in which the decision had been given that
a licence, whether by way of renewal or whether it was an annual matter
to be considered year by year, and not renewed as of right. He quoted
from the remarks of Lord Halsbury, who seemed to consider that in
dealing with renewals they ought not to deal with them exactly in the
same way as in new applications. He dwelt upon the fact that last year
all the licenses were renewed, and that though no new licenses had been
granted for many years, the borough had increased in population, and
there had been an entire absence of legal proceedings against any of the
houses in the past year.
Mr. Minter, who appeared, he said, for the tenants, emphasised what had
fallen from the other two legal gentlemen, and said it would be
unnecessary for him to make any lengthy remarks. Mr. Glyn had referred
to the population having increased twofold since those licenses were
granted. There was another very important matter for consideration, and
it was this. That although the population had increased twofold since
the whole of those licenses were granted, during the last twelve years
no new licenses had been granted. Mr. Glyn had also referred to the
hardship on the owners if they lost their property, having regard to the
fact that there had been no conviction against the tenants during the
year, but in addition to that he desired to call attention to what was
the intention of the legislature. The legislature had provided that in
all cases where owners of licensed houses were brought before the Bench
and charged with any offence against the licensing laws, the Magistrates
had the power, if they deemed the offence was of sufficient importance,
to record that conviction on the licence. They could do that on a second
conviction, and on the third occasion the legislature said that the
licence should be gone altogether. He was happy to say there was no
record on any one of the licenses of the applicants, notwithstanding
that they might have been proceeded against and convicted before the
last annual licensing meeting. That showed they were of such trivial
account that the Magistrates considered, in the exercise of their
judgement, that it was not necessary to record it on the licence. Was
there any stronger argument to be used than that the Magistrates
themselves, although they felt bound to convict in certain cases, did
not record the conviction on the licence? He cordially agreed with the
suggestion of Mr. Glyn that the Magistrates should retire and consider
the suggestion he had made, and he thought they would come to the
conclusion that all the licenses should be renewed. There were cases
where the houses could claim renewals as a right, and in which he should
be able to show the licenses existed before 1869. That course would save
a great deal of time.
Mr. Montagu Bradley claimed to be heard on behalf of the Good Templars.
The Court held that Mr. Bradley had no locus standi, as he had not given
notice to the applicants that he was going to oppose.
Mr. Bradley thereupon withdrew.
The Magistrates again retired, and on their return the Chairman said the
Magistrates had decided that where it was a question of disorderly
conduct, it was to be limited to during the year just ended, and not to
go into questions prior to the annual licensing day of last year. They
thought it right that the cases should be gone into, in order that they
might know what the objections were.
Mr. Glyn enumerated the houses, and they were then gone into separately
in the following order:
The Queen's Head.
This was the first case taken.
Sergt. Dawson said on the 13th April, 1893, he was in the Police Court,
Folkestone, when a man who was found drunk was fined 5s. and 14s. costs.
On that date Mr. Walter Tame was summoned for permitting drunkenness,
and the summons was dismissed.
By Mr. Minter: I think it was not proved that the man had been served
with drink. I could not prove that he had.
Mr. Minter said a drunken man went into the house and they were going to
turn him out.
Sergeant Swift said he had measured 100 paces from the Queen's Head, and
found 17 other licensed houses.
Mr. Glyn: Those are all old licenses which have existed for several
years? – Yes. They have not moved.
By Mr. Minter: I do not know that the police often have rung Tame up at
night to take in lodgers.
Mr. Glyn submitted that there was nothing to answer. There was a charge
against the tenant, but it was dismissed without calling upon his legal
adviser to reply. £1,500 was paid for the house, and the tenant had put
in £305.
Mr. Minter said he could prove that the business was good, and had not
decreased.
Mr. Glyn said if the Bench thought the Superintendent had made out a
prima facie case he would call evidence to rebut it. But he did not wish
to call a lot of witnesses to rebut what was not made out. He was only
suggesting that to save time.
The Bench said with respect to the disorderly conduct, they decided
there was none; with respect to whether the house was required, they
would decide that after.
Walter Foster Crouch, manager to Messrs. Nalder and Cloyer, the owners,
said he had supervision of the houses. This house was valued at £1,500.
Mr. Walter Tame was admitted as tenant in 1887, and paid £305 for
valuation. He paid £40 a year rent. He did an excellent trade – about
six barrels a week. That was exclusive of spirits or wine. Tame was a
thoroughly respectable man.
By Mr. Minter: He has much improved the house.
Superintendent Taylor desired to put a question with regard to notice of
opposition in September, 1890, but it was held that he could not put it.
Walter Tame, the tenant, corroborated Mr. Crouch's evidence. He said the
trade was increased considerably. The licence had been renewed by him
year by year.
By Superintendent Taylor: I remember the police coming, because they
were told there was a disturbance. There was a slight disturbance and
the police ejected one man. He was certainly not drunk.
Superintendent Taylor: I can't expect you to say he was drunk.
By Mr. Minter: The police very often rap me up to take in lodgers.
Mr. Glyn then addressed the Bench on the whole of the cases, and urged
that no Bench had ever refused a licence where there had been no
complaint or conviction. He said the Superintendent had conducted the
cases ably and fairly, but he had picked out several houses and asked
the Bench to refuse licenses to them. How, he asked, could they do so?
It would be very nice for the owners of other houses, no doubt. He
emphasised his remarks that no Bench in the county had refused a licence
on the ground that it was not wanted. Nothing had occurred in the
neighbourhood to alter the position of things, yet Folkestone was asked,
as it were, to set an example to other boroughs in the county, and to
confiscate his clients' licenses, when there was no ground whatever for
that confiscation. It was not a small matter. It was not a question of
£15. The lowest value was put at £800. The ground of objection was
merely that the licenses were not wanted, although they had been in
existence many years, and the owners had spent large sums of money on
the houses on the faith of the licenses which the justices' predecessors
had granted, and which they themselves had renewed. The population had
largely increased, and the Magistrates had refused to grant fresh
licenses because they thought there were sufficient. He ventured to
submit that they would not do what other Benches had refused to do, and
deprive his clients of their property. They looked to the Magistrates to
protect their property and their interests. If there had been any strong
views in operation against the licenses among the public, it would be
different. But they had not expressed any such views. There was the
Watch Committee, the proper authority to raise those points, who had
declined to support the objection, which came from a member of their
body, who was not present, and who had not taken part in the
proceedings. He asked them, without any fear of the result, to say that
under all the circumstances they were not going to deprive his clients
of their licenses.
There was some applause when Mr. Glyn finished his speech.
The Justices then adjourned for an hour to consider all the cases.
On their return Mr. J. Clark, the Chairman, said: The Magistrates have
had this question under consideration, and they have come to the
decision that all the licenses be granted, with the exception of the
Tramway Tavern. (Applause)
Mr. Glyn said he need hardly say they were much obliged to the Chairman
and his brother Magistrates for the care they had given the matter. With
regard to the Tramway Tavern, he asked if they would allow him, in the
event of the owners deciding to appeal, which it was probable they would
do, to serve the notice on their Clerk.
Mr. Bradley said there was no objection to that.
Mr. Glyn said his friends felt they ought to acknowledge the very fair
manner in which Superintendent Taylor had conducted those proceedings.
The business then terminated.
|
Folkestone Herald 16 September 1893.
Editorial.
The large audience who crowded into the Licensing Justices' Court at the
Town Hall on Wednesday last were evidently representative of the
interests of the liquor trade in this Borough. Every stage of the
proceeding was watched with the closest attention, and it was impossible
not to recognise the prevalent feeling that a mistake had been committed
in objecting wholesale to the renewal of licenses. Thirteen houses in
all were objected to, but as two of them, through a technical point of
law, were entitled to a renewal, there remained eleven as to which the
Justices were asked to exercise their discretionary powers. In the
event, after a long hearing, and a weighty exposition of law and equity,
the decision of the tribunal resulted in the granting of ten of these
eleven licenses and the provisional extinction of one, as to which, no
doubt, there will be an appeal. As this journal is not an organ of the
trade, and as, on the other hand, it is not inspired by the
prohibitionists, we are in a position to review the proceedings from an
unprejudiced and dispassionate standpoint. At the outset, therefore, we
must express our disapproval of the manner in which the cases of those
thirteen houses have been brought up for judicial consideration. It was
rather unfortunate that a Magistrate who is so pronounced a Temperance
advocate as Mr. Holden should have taken a prominent part in having
those houses objected to. We say nothing of his official rights; we only
deprecate the manner in which he has exercised his discretion. We think
it likely to do more harm than good to the Temperance cause, inasmuch as
it savours of partiality if not persecution. We also think that Mr.
Holden would have done well not to have taken his seat on the Licensing
Bench. It would be impossible to persuade any licence holder that the
trade could find an unbiased judge in the person of a teetotal
Magistrate. Conversely, it would be impossible to persuade a Temperance
advocate that a brewer or a wine merchant could be capable of passing an
unbiased judgement upon any question involving the interests of those
engaged in the liquor traffic. The presence of Mr. Holden on the Bench
was not allowed to pass without protest. Counsel for the owners handed
in a written document, the Justices retired to consider it in private,
and as the result of that consultation Mr. Holden did not resume the
seat he had originally taken. The legal and other arguments urged by the
learned Counsel for the owners and the tenants are fully set out in our
report. We attach special importance to one contention, which was urged
with a degree of earnestness that made a deep impression in Court, and
will make a deeper impression outside. All these houses, be it
remembered, had had a renewal of licence at the annual licensing meeting
held last year. At that date the discretionary power of the Court had
been as firmly established in law as it is at the present moment. At
that date whatever laxity had taken place during the previous year in
respect of the conduct of any one of those thirteen houses had been
condoned by the renewal of the licence. At that date the congestion of
public houses in particular parts of the town was as notorious as it is
now, and nothing had happened in the interval to change in any material
degree the general circumstances which prevailed in 1892 when the
licences were renewed. In no single case out of the thirteen has there
been a conviction recorded on the licence since the licenses were
renewed in 1892, and under these circumstances it was argued by Counsel
that to extinguish any one of these licences would amount to an act of
confiscation. There can be no pretence for saying, therefore, that the
objections raised this year to the renewal of the licences originated in
the laches of the tenants themselves. They had their origin with either
the Bench as a whole or a section of the Bench, and it was at the
instance of the whole body or of a section of the Justices that the
chief officer of police was instructed to report upon the question. So
far as the ordinary course of police supervision was concerned the
houses, with one solitary exception, appeared to have had a clear
record, there being no conviction for any infraction of the Licensing
Acts. It therefore savoured of persecution to arraign the whole of these
thirteen houses and to press against them the argument that they are not
required by the population, although last year the Justices, by renewal
of the licenses, had decided that they were. Under these circumstances
it was rather unfair to throw upon the Superintendent of Police the
onerous and invidious duty of making the best case he could in support
of the objections. It is only right to say that the fair and
straightforward manner in which that officer discharged the duty
elicited the commendation of everybody in Court – Bench, advocates, and
general audience. Ultimately the Justices renewed all the licenses, with
the exception of that of the Tramway Tavern, and on this case their
decision will be reviewed by an appellate court. The impression which
all these cases have created, and will leave on the public mind, is that
the Temperance party have precipitated a raid upon the liquor shops, and
that in doing so they have defeated their own object. Persecution and
confiscation are words abhorrent to Englishmen. The law fences the
publican round with restrictions and penalties in abundance, but in teh
present case the houses had not come overtly within the law. To shut up
the houses would therefore savour of confiscation, although in strict
law the licence is deemed to be terminable from year to year. In the
result the victory lies with the trade, and the ill-advised proceedings
against a whole batch of houses have created a degree of sympathy for
the owners and tenants which was given expression by the suppressed
cheers that were heard on Wednesday at the close of the investigations.
Licensing.
It will be remembered that on the 23rd ult. the Justices adjourned until
the 13th inst. the hearing of objections to the renewal of the following
licensed houses – Granville, British Colours, Folkestone Cutter,
Tramway, Royal George, Oddfellows (Radnor Street), Cinque Ports, Queen's
Head, Wonder, Ship, Harbour, Jubilee, Victoria – thirteen in all. These
cases were taken on Wednesday last at the Town Hall, the large room
having been transformed for the purpose into a courtroom. The Justices
were Messrs. Clarke, Hoad, Pledge, Holden, Fitness, Poole, Herbert,
Davy, Pursey, with the Justices' Clerk (Mr. Bradley, solicitor).
Mr. Glyn, and with him Mr. Bodkin, instructed by Messrs. Mowll and Mowll,
of Dover, appeared on gehalf of the owners of the property affected; Mr.
Minter, solicitor, appeared for the tenants; Mr. Montague Bradley,
solicitor, Dover, appeared on behalf of the Folkestone Good Templars,
Sons of Temperance, Rechabites, and the St. John's Branch of the Church
Temperance Society. Mr. Superintendent Taylor, Chief Constable of the
borough, conducted the case for the police authorities without any legal
assistance.
Mr. Glyn, at the outset, said: I appear with my learned friend, Mr.
Bodkin, in support of all these licences except in the case of the Royal
George, for the owner of which my friend Mr. Minter appears. Before you
commence the proceedings I should like you to consider an objection
which I have here in writing, and which I do not desire to read. I would
ask if you would retire to consider it before proceeding with the
business.
Mr. Montague Bradley: I appear on behalf of some Temperance societies in
Folkestone.
Mr. Glyn: I submit, sir, that this gentleman has no locus standi.
The Justices now retired to a private room, and after about ten minutes
in consultation all the Justices except Mr. Holden returned into Court.
It was understood that the objection had reference to the appearance of
Mr. Holden as an adjudicating Magistrate, that gentleman being a strong
Temperance advocate.
Mr. Glyn then proceeded to say: Now, sir, it might be convenient if you
take the Queen's Head first, and I have formally to apply for the
renewal of the licence of the Queen's Head. That is a house which is
well known by everybody, and by all you gentlemen whom I have the honour
of addressing, as a most excellent house. The licence has been held for
a very considerable number of years, and the present tenant has had it
since 1889. It is worth £1,500, and the present tenant paid no less than
£305 valuation when he entered that house. I need hardly tell you that
the licence was granted a great many years ago by your predecessors and
it has been renewed from time to time until now, when the Superintendent
of Police has objected on the grounds that the house is not required and
that it is kept in a disorderly manner. As to the objection made by the
Superintendent, for whom I in common with all others have the highest
possible respect, I think he will admit that the objection in not made
of his own motion but that it is made in pursuance of instructions
received from some members of the Licensing Committee. Of course the
point has occurred to my learned friend and myself, and it is a very
nice one, whether under those circumstances the requirements of the
Section had been complied with, and as to whether, the Superintendent
having really been acting as agent for the Justices, he had any locus
standi at all to oppose these licences. I must leave that to your body,
guided as you will be by your most able Clerk. He knows the Section
better than I do. He knows under what circumstances and objection can be
raised, and that it must be done in open Court and not introduced in the
way these objections have been raised. These observations apply to the
whole of these renewals, and you will find in this case, sir, indeed in
all these cases, that the Superintendent of Police in raising these
objections has been raising them, as he says in his report, in pursuance
of instructions he received from the Magistrates; therefore those
gentlemen who formed that body and who give the Superintendent these
instructions are really in this position, if I may so put it to them
with humility, of people complaining, by having themselves directed an
inquiry, upon which inquiry they propose to sit, and, as I understand,
to adjudicate. Now, sir, I know from some long occasional experiences of
this Bench that there is not a single member of this Bench who desires
to adjudicate upon any case which he had prejudged by directing that the
case should be brought before him for a particular purpose, and I only
draw your attention to these matters because I am perfectly certain that
on the grounds I am going to place before you this Bench will not refuse
to renew any of these licences. I think it right, after very careful
attention, to put those facts before you in order that when you retire
you will consider exactly what your position is. There is another thing
I ought to say which applies to all these applications. There is not a
single person, not a single ratepayer, in all this borough – and I don't
know exactly what the numbers are, but they are very considerable – but
there is not a single ratepayer who has been found to object to the
renewal of any of these licences. Anyone would have a right to do it if
he chose, and I feel certain that the Justices will think that where
none of the outside public care to object, this Bench will not deprive
the owners and tenants of their property simply because they themselves
think that the matter ought to be brought before them, as I understand
has happened in this case, for adjudication. Now, let us see the first
ground of objection in respect of all these licences. The first ground
in respect of each of these licences is that the licence is not needed,
and I desire to make a few observations on that. I repeat that no
ratepayer can be found here who is prepared to come before the Bench and
raise this point. No notice has been given by anybody except by my
friend the Superintendent, who has told us in his report that he has
been acting upon the instructions of the Bench. But, sir, there is
another and very important matter. I understand that in the Watch
Committee, which one generally thought would be expected to get the ball
rolling, if it is to be rolled at all – if, as my friend suggests, there
is any public opinion upon it that these licences are not required – the
Watch Committee has actually been approached in this case, that is to
say, by some gentlemen connected with the Corporation. I don't know
whether it is any of the gentlemen I have the honour of addressing, but
they have declined to have anything to do with it or to sanction any
such device for the purpose of depriving my clients of what is
undoubtedly their property. Therefore I venture to think, speaking with
some little experience, that there never was a case in which licences
were taken away simply because some of the learned Magistrates thought
that the matter ought to be brought before them, and instructed the
Superintendent to do so. Now, sir, I am dealing with the Queen's Head,
but among the licences are some beerhouses that existed before the
passing of the Act of 1869, and the owner is therefore entitled to
renewal, for although notice of objection has been given on the ground
of disorderly conduct there has been a renewal, and that renewal has
condoned any misconduct there might have been. Therefore these houses
are absolutely entitled to renewal. Now, sir, with regard to these
licences that were granted a great many years ago. Of course at that
time, when the population of the borough was about half of what it is
now, the Magistrates then thought they were required. Those licences
have been renewed from time to time by your body, and are you really to
say now that although these, or some of these, licences were granted
when the number of inhabitants was 12,000, whereas it is now 25,000 –
these licences were not required or are not necessary for more than
double the original population? I venture to say that such an argument
reduces the thing to absurdity. Of course I know, with regard to these
houses, that in this case the Magistrates are clothed with authority, if
they choose to deprive the owners and tenants of their property, if they
think the licences are not required. But you will allow me to point this
out to the Bench, that there is not a single Bench in this County – I am
glad to be able to say – who yet have deprived an owner or tenant of his
property simply because a suggestion has been thrown out. That is at any
rate the case as far as Kent is concerned. It was done at one Bench in
this County, but when it came on appeal at the Quarter Sessions they
upset the decision of the Magistrates who had refused the renewal of the
licence on that ground. This is the only instance I know, and I am sure
that I am right, where a Bench in this County had been found to deprive
an owner of his property which you are asked to do in this way, and a
tenant of his livelihood. I venture to express my views, and I am sure
that all the Bench will coincide with me, that it would be very unfair
in such cases, when owners – whether brewers or private individuals –
have paid large sums of money in respect of licensed houses, when those
licences have been renewed from year to year, when the tenants have paid
large sums in respect of valuation, and some of them have been tenants
for many years and have gained a respectable livelihood in this business
– it would be very unfair to deprive the owners and tenants of their
property without giving them compensation of any kind for being turned
adrift. That brings me again to a consideration I must bring before you,
that these licences were granted at a time when the population of the
borough was about half what it is now; but now you are asked to say that
the licences are not required when the population has become twice as
much as it was when the licences were originally granted. Perhaps my
friend Mr. Minter will coincide with me that if you should consider this
point in the first place and form an opinion on it, it would save a
great deal of time. It is now a question as to whether you are, under
those circumstances, prepared to refuse the renewal of any of these
licences, having regard to the fact that there has not been a single
conviction since the last renewal. Having regard to the fact that these
licences were granted so long ago and have been renewed from time to
time, having regard to the fact that there has been no conviction in the
case of any one of them during the present year, and that if any offence
had been committed prior to the last renewal it was condoned by that
renewal – are you going to deprive the owners and tenants of their
property? Now, I only desire to say another word. Some of these
objections are made on the ground that the licences are not required;
others refer to the fact that here have been previous convictions or
that the houses have not been kept in an orderly way. Of course we shall
hear what the Superintendent says, and we know that he would be
perfectly fair to all sides, but I want to make a general observation
about it, and it is this; whether or not these houses have been
disorderly. As to that I think you would say that inasmuch as in any
case where there has been a previous conviction and you had renewed the
licence, that renewal condoned any previous offence. It clearly is so,
and if there had been any offence committed since the renewal we should
have to consider what was the class of offence which had been committed.
But that does not apply in this case. In no single instance has there
been a conviction in respect to any of the houses which Mr. Minter and
myself ask for the renewal of the licence, and I am going to put to you
what I understand to be an elementary proposition of law, that you would
not deprive an owner of his property because it is suggested that a
house has not been properly conducted where that owner has never had an
opportunity of appearing before the Bench or instructing some counsel or
solicitor to appear before the Bench in answer to any charge under the
Act of Parliament which had been brought against his tenant. If there
had been any charge in respect of any of these houses since your last
renewal, the tenant would have been brought here, he would be entitled
to be heard by counsel, and the question would be thrashed out before
the Bench. That has not been done in any single case since you last
renewed the licences of these houses, and I am perfectly certain that no
Bench in this County, and no gentleman in Folkestone, would deprive an
owner of his property simply because it has been suggested that since
the last renewal a house has not been properly conducted, although no
charge has been made against the tenant, so that he might have a right
to put the the authorities to the proof of the charge. I am not aware of
such a case, and I challenge anybody to show that there has been any
single case before any Bench where a licence has been taken away after
renewal following a conviction when there has been no criminal charge
against that house, but only a general charge after the renewal. I
submit that you are not going to deprive the owners of their property
when there has been no charge of any kind investigated in this or any
other court against the holders of those licences, and if you would
retire and consider this point and give an answer upon it, it would save
us a deal of time.
Mr. Bodkin followed on the same side dealing with the legal questions
involved in the application.
Mr. Minter then addressed the Court as follows: I appear for the tenants
of these houses. The learned Counsel have been addressing you on behalf
of the owners, and though I cordially agree with everything that has
been said by them, it will be necessary for me to make a few
observations. Mr. Glyn referred to the population having increased
twofold since these licences were granted, but there is another very
important consideration, and that is this – that although the population
has increased twofold since the whole of these licences were granted,
within the last twelve years, I think I am right in saying that no new
licence has been granted. Not only were the licences now under
consideration granted when the population was half what it is now, but
there has been no increase in the number of licences since that period I
have named. The second point is with respect to the hardship which would
fall upon owners if a licence were refused on the ground of convictions
against the tenant. The learned Counsel has urged that it would be
unjust to take into consideration a conviction that took place prior to
the last annual licensing meeting, and you will feel the force of that
argument. What is the intention of the Legislature? The Legislature has
provided that in all cases where the tenants of licensed houses are
convicted of a breach of the Licensing Laws the Magistrates have power
to record that conviction on the licence, and on a third such conviction
the Legislature says that the licence shall be forfeited altogether.
Appearing on behalf of the tenants, I am happy to say that there is no
such record on the licence of any one of the applicants, and
notwithstanding that a conviction may have taken place prior to the last
annual licensing meeting, the conviction was of such a trivial character
that the Magistrates did not consider it necessary to record it on the
licence. Is there any argument to be used that is stronger than that
observation? You yourselves have decided that although you were bound to
convict in a certain case, it was not of a character that required the
endorsement of the licence, and after that conviction you renewed the
licence, and again on a subsequent occasion. One other observation
occurs to me, with regard to suggestions that have been put before you
by Mr. Glyn and Mr. Bodkin, and I entirely concur in what has been said
upon it. It is very pleasing to be before you, but I think it will be
pleasing to us and you will be as pleased yourselves if time can be
saved, and if you will only retire and take into consideration the
points which Mr. Glyn has suggested to you, I think you will come to the
conclusion that the applications should be granted, but I am excepting
the one or two cases in which I appear and in which I can claim as a
right to have the licence renewed as they existed before 1869, and
therefore these special cases do not arise on the notice served upon my
clients. I am sure you will not take offence if I put it in that way,
but if we have to go through each one of these cases, and I appear for
nine or ten, the tenants are all here and will have to go into the box
and be examined, and their evidence will have to be considered in
support of the application I have to make. Now let me call attention for
a moment to the notice of objection. You may dismiss from your mind the
previous conviction; the suggestion is that the houses are not required
for public accommodation. I am prepared in each case with evidence to
show that the public accommodation does require it, and the test is the
business that a house does. I am prepared to show by indisputable
evidence that the tenants has been doing a thriving business for the
last four or five years, that it has not decreased, and how is it
possible with that evidence before you to say that the licence is not
wanted? You may regret, possibly, that the number of houses is larger
than you like to see, but you would not refuse to entertain the
application made today unless you were satisfied that the houses were
not wanted for the public accommodation. I hope you will take the
suggestion of Mr. Glyn and that you will renew all the licences that are
applied for, particularly as there is not a single complaint against
them.
Mr. Montague Bradley: I claim the right to address the Bench.
Mr. Minter: I object.
Mr. Bodkin: My friend must prove his notice of objection.
Mr. M. Bradley: I should like Mr. Glyn to state the Section under which
he objects to my locus standi.
Mr. Glyn: I should like to know for whom my friend appears – by whom he
is instructed.
Mr. M. Bradley: I appear on behalf of Temperance Societies of Folkestone
– Good Templars and others.
Mr. Glyn: Now, sir, I submit beyond all doubt that the practice is
clear.
Mr. M. Bradley: I think, sir, that the question ought to be argued. I
should like to hear Mr. Glyn state his objection.
Mr. Minter: We have objected on the ground that you have not given
notice of objection.
Mr. Glyn: My friend should show his right – how he proposes to establish
his right.
Mr. M. Bradley referred to Section 42, subsection 2.
Eventually the Chairman said: Mr. Montague Bradley, the Bench are of
opinion that you have no locus standi.
Mr. M. Bradley: Very well, sir.
The Justices now retired to their room.
The Chairman on their return said: The Magistrates have decided that
where there is a case of disorderly conduct it is to be limited to
within the year, and that the Superintendent is not to go into any case
previous to the annual licensing day of last year. We think it right
that Superintendent should state these cases and that they should be
gone into in order that we may know what these objections are.
The cases not eliminated by this decision were then proceeded with,
seriatim, and are noticed below in the order in which they were called.
The Queen's Head.
Sergeant Dawson said: On the 1st April, 1893, I was present at the
police court at Folkestone when a man named James Warman, who was found
drunk at the Queen's Head, was fined 5s. and costs. Up to this date Mr.
Tame was landlord of the house.
Mr. Glyn: The case against the tenant was dismissed without his
solicitor being called upon to reply.
Superintendent Taylor: On that occasion, was Walter Tame summoned for
permitting drunkenness on his premises, and the case against him
dismissed?
Sergeant Dawson: It was, sir.
Cross-examined by Mr. Minter: I believe before the Bench it was shown
that no drink at all had been served to this man?
Sergeant Dawson: I don't think so, sir.
Mr. Minter: Don't think; you are called to give evidence.
Sergeant Dawson: It was not proved that the man did not have drink, but
I could not prove that he had any.
Sergeant Swift, called, said: I know the Queen's Head, and I have
measured one hundred paces from this house and find 17 licensed houses
within the area.
Cross-examined by Mr. Glyn: These are old licences been granted for
several years.
Mr. Minter: You frequently ring the tenant of this house up at night to
take in lodgers.
Witness: Never.
Superintendent Taylor said this was the case.
Mr. Glyn submitted there was no case to answer and it would be depriving
a person of his property to forfeit the licence on a charge of
disorderly conduct, for no charge had been made against the tenant and
properly investigated before the Magistrates. As a matter of fact,
however, the Superintendent had been perfectly fair. There was no
disorderly conduct. There had been a charge brought against the tenant,
but it had been dismissed without calling upon the solicitor who was
defending to reply to the charge. He also reminded the Magistrates that
in this case the owners had given £1,500 for the house, and the tenant
had paid on valuation £305.
The Chairman (after consulting with the other Justices) said: With
regard to disorderly conduct, the Magistrates said nothing about it, but
as to whether the house was required they would come to a decision on
that question afterwards. He (Mr. Glyn) need not call evidence with
regard to the disorderly conduct, and the Magistrates would decide
further on whether the house was required or not.
Mr. Minter said that would necessitate him calling evidence on behalf of
the tenant to show that the business was good, and that it was
increasing.
Mr. William Foster Crouch, manager to Messrs. Nalder and Colyer, owners
of the Queen's Head, said he had supervision of this house, which was
valued in the firm's book at £1,500. Mr. Walter Tame was admitted as
tenant of the house in August, 1887, and he paid himself £305 for
valuation on taking possession. He was a tenant at £40 a year rent,
purchased his beer of their firm, and did an excellent trade; he drew
about six barrels a week. He came to them with a good character, which
he had retained.
By Mr. Minter: He was doing a much improved trade.
Superintendent Taylor asked whether in September, 1890, the licence was
not opposed.
Mr. Minter: You cannot go into that.
Walter Tame gave corroborative evidence.
By Superintendent Taylor: He certainly remembered that on the 1st April
of this year the police came into his house to quell a disturbance, but
he did not send for them. The constable ejected a man, but he was not
drunk.
Mr. Bodkin: Was it respect of that that you were summoned, and the
summons was dismissed without your solicitor being called upon to reply?
Witness: Yes, sir. No further evidence was taken.
On the conclusion of the cases Mr. Glyn rose and said: The result of
these inquiries is, sir, that in respect to all the houses except the
Tramway Tavern there is no serious charge of any misconduct of any kind.
It is only in the case of the Tramway Tavern that a serious attack has
been made, and I have already addressed you as to the Tramway Tavern. If
the brewers had notice they might have had an opportunity of testing the
case, whether the house has been properly conducted or not, and I
challenge anybody to allege that any Bench of Justices in this County
other than the Bench I have alluded to have ever refused to grant the
renewal of a licence unless the landlord had had notice, or unless there
has been a summons or conviction against the tenant. I take that point,
sir. It is a technical point, but I have not the slightest doubt that it
is conclusive against the points raised. Now, with regard to the other
houses, except the beerhouses which have a positive right of renewal.
The only other question is whether the remaining houses are wanted or
not. The Superintendent of Police has conducted his case most fairly and
most ably indeed, and he picks out certain houses and asks the
Magistrates to deprive the owners of their property and the tenants of
their livelihood, and he asks that other houses may remain. How on earth
are you to draw the line? There are seven houses in one street, and how
can you deprive four of them of their licence, and grant the renewal of
licence to the other three? I must again put before you that no Bench of
Magistrates in this County have refused to renew a licence – with the
exception of the case which I put before you, and in that case they were
overruled – to any old licensed house on the ground on which you are
asked to refuse, viz., because it is suggested that the house is not
wanted. The County Magistrates, as well as the Magistrates in Boroughs,
have felt this, inasmuch as their predecessors in office have granted
licences upon the faith of which repairs have been done and expenditure
has been incurred, it would be unfair to take that property away unless
– as the late Lord Chancellor pointed out – something fresh had happened
to alter the neighbourhood since the time of the last renewal. It is not
suggested here that anything has occurred with respect to any one of
these houses in order to satisfy you that they should be taken away as
not being required, and I venture to submit that this Bench at any rate
would not adopt a policy of confiscation, for I cannot call it anything
else, and, as it were, set an example to other Benches in the County by
confiscating my clients' property in any of these cases, having regard
to the fact that they are old licences, having regard to the fact that
the population has increased twofold, and having regard to the fact that
nothing fresh, in the words of the Lord Chancellor, has arisen to induce
you to deprive the owners of the licences that were renewed last year. I
submit that you, gentlemen, will not be a party to the confiscation of
property. It is no small matter that you have to consider. It is not a
question of £10 or £15, for the lowest in value of the houses before you
today is £800, and the licences have been granted by your predecessors
and renewed by you. Your population has largely increased since those
licences were granted, and as my friend (Mr. Minter) has pointed out,
you have refused to grant any new licences, and under these
circumstances I venture to submit that you will not deprive my clients
of their property. My clients look to you to protect their property;
they have no other tribunal. If there had been any strong view in the
Borough against these licences the public would have expressed their
views by giving notice of opposition, but they have not done it, whereas
the Watch Committee, the proper body to raise these objections, have
declined to touch it. Where does the objection come from? It comes from
a member of your body, who has not taken part in these proceedings, but
who has suggested that the Superintendent of Police should give notice
in respect of these houses and have these cases brought before you. I
thank you very much for the kind way in which you have listened to my
observations and those of my friends, and without fear of the result I
am confident that you are not going to deprive my clients of their
licences, to which, I submit, the law entitles them. (Suppressed
applause in the body of the court)
It being now 2.50, the Justices adjourned for an hour, returning into
court just before 4 o'clock.
The Chairman then said: The Magistrates have had this question under
consideration, and they have come to the decision that all the licences
be granted, with the exception of the Tramway Tavern. (Suppressed
applause)
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Folkestone Visitors' List 20 September 1893.
Licensing.
That the lot of the publican, like that of the policeman in the “Pirates
of Penzance”, is not over and above a happy one, must be conceded. There
is no business to which so many pains and penalties are attached, and to
embark in which a man must be prepared to go through so keen an enquiry
into his antecedents as well as his character at the time when he
applies for his licence; and in which he has at last, by the expenditure
of much time and money, obtained permission to sell, during certain
periods out of the twenty four hours fixed for him by a tender-hearted
legislature desirous that he should not overwork himself, he is so
heavily handicapped by the restrictions which surround him. In fact, the
proverbial toad under the harrow would seem to lead almost a pleasant
existence in comparison with unfortunate Mr. Boniface. His natural
enemy, the teetotaller, is ever on the alert to worry him, and, if
possible, to shut up his shop for him, totally careless at to the ruin
which may accrue to him and his family.
In pursuance of some of these tactics some of the members of the
Folkestone Licensing Committee a twelvemonth ago discovered all at once,
after a lapse of some fifteen years, that there are too many houses in
the town. How some few weeks back a prominent member of that Committee,
and a steadfast advocate of the Temperance movement, reverted to that
decision, and announced that if the brewers did not agree among
themselves as to what houses should be closed, the Committee would
forthwith proceed to act upon their own judgement, is all a matter of
history. Between the time when this announcement was made and the
licensing day proper, the Superintendent of Police, who does not seem to
have held any pronounced opinions as to the number of houses, drew up,
at the request of the Committee, an elaborate report upon that point,
showing that there were in the town 130 houses; and in consequence of it
he was directed to give notice to the owners and occupiers of thirteen
houses that they would be objected to at the adjourned session.
On Wednesday, the 13th, the Special Adjourned Session was held. The
Magistrates had wisely provided for the very great interest taken in the
question by holding the enquiry in the Town Hall, a great improvement on
the stuffy little apartment dignified by the name of a police court. As
soon as the doors were opened the body of the hall rapidly filled, the
trade, of course, being present in strong force, neighbouring towns also
being represented. The teetotallers also mustered pretty strongly, but
it may here be stated that Mr. Montagu Bradley, of Dover, who appeared
for them, was objected to, and the Bench ruled that he had no locus
standi; or in other words the Magistrates could decide the questions
that would be submitted to them without the interference of any outside
body. So Mr. Bradley politely took his leave shortly after the
commencement of the proceedings. A somewhat singular feature in
connection with them was the large force of police in attendance in the
Hall; probably the authorities anticipated some exhibition of feeling,
but none such took place, except early in the morning a working man
shouted out “How can you expect justice from that lot? They gave me
eighteen months for nothing”. He was speedily ejected, and the business
for the remainder of the day was conducted in the most orderly manner.
The Magistrates on the Bench were Messrs. Hoad, Pledge, Pursey, Herbert,
Davey, Clarke, Fitness, and Poole. Mr. Holden also took his seat, but in
deference to a written protest handed in by counsel for the owners he
retired. Mr. Glyn and Mr. Bodkin appeared for the owners, instructed by
Mr. Mowll, of Dover, Mr. F. Hall, Folkestone, and Mr. Mercer,
Canterbury; Mr. Minter, the solicitor for the Folkestone Licensed
Victuallers' Association, for the tenants.
Mr. Glyn first opened the proceedings in a temperate and exhaustive
speech, delivered quite in the best Nisi Prius style, argumentative and
without an attempt at claptrap or sensational appeal. It was a capital
forensic effort, and afforded unmitigated pleasure to the Licensed
Victuallers themselves, whilst we fancy, from the somewhat lengthened
faces of the opponents of the licenses, they must have felt at it's
conclusion that the ground had been cut from under them. There was just
the faintest attempt at applause when the learned counsel sat down, but
this, the only manifestation of feeling throughout the day, was speedily
suppressed in the call for silence.
The Superintendent of Police supported his own objections – or rather
the objections of the Committee – in person. Armed with a voluminous
brief he made the best of a weak case, but evidently it was not a labour
of love to him.
Mr. Bodkin's work was chiefly confined to the examination of witnesses,
and those who attentively followed him could not have failed being
struck with the fact that not an unnecessary question was put to a
single witness.
Mr. Glyn based his arguments upon three general grounds, which he
applied to all the cases collectively. The first was that this
opposition did not emanate from the police. The Superintendent had no
grounds for complaint, but was acting under the direction of certain
members of the Bench. How far that was approved of generally was
evidenced by the fact that the Watch Committee refused to grant him
legal assistance in opposing these licenses. The objection urged against
them was that they were not required. Now, up to the present time not a
Bench in the county of Kent had been found to deprive an owner of his
property or a tenant of his livelihood because someone chose to say a
house was not necessary. But what were the facts in the present case?
Why, that all these licenses were granted a dozen years ago, and if they
were thought requisite when the population was only half what it was at
present, surely they could not say they were not required now. Secondly,
some of these houses had been objected to as not having been properly
conducted. To meet that assertion the learned counsel adduced the fact
that during the last twelvemonth not a single conviction had been
recorded against any one of the tenants. Any previous conviction had
been condoned by the renewal of the licence. That was common sense. The
Bench admitted that it was so by subsequently deciding not to enquire
into any laches that might have taken place previous to the last
licensing meeting in 1892.
Mr. Bodkin followed briefly in the same vein, and Mr. Minter, on behalf
of the occupiers, addressed himself to the requirements of the town,
arguing, as we have ourselves pointed out in the List, that the very
fact of their being supported by the public was a prima facie argument
in favour of the existence of these houses.
The Magistrates, at the conclusion of the learned gentlemen's arguments,
retired, and after an absence of about a quarter of an hour, on their
return announced they would hear any complaints there were against any
house since the last licensing meeting. This involved the calling of a
large number of witnesses – owners, tenants, civil and military police,
the examination of whom lasted well into the afternoon.
The first case was that of the Queen's Head. The objections were that
the landlord had been summoned for permitting drunkenness, but the
summons was dismissed. Also that within a radius of 100 paces there were
seventeen other publics. The Manager to Messrs. Nalder and Colyer valued
the house at £1,500. Mr. Tame, the landlord, paid £305 to enter upon it;
£40 a year rent, and was doing a good trade.
Mr. Glyn having summed up his case, the Magistrates retired for an hour
to consider their decision, and on their return the Chairman briefly
announced that all the licenses would be renewed with the exception of
the Tramway.
Mr. Glyn intimated that in all probability the owners of the house would
appeal against the decision, and having thanked the Bench for the
attention they had given the cases, and Superintendent Taylor for the
fair manner in which he had conducted the opposition, the proceedings
came to an end.
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Folkestone Chronicle 12 April 1902.
Saturday, April 5th: Before Messrs. W.G. Wightwick, C.J. Pursey, W.
Salter, W.G. Herbert, and G.J. Swoffer, and Lieut. Colonel Hamilton.
Michael Reilly was summoned for being drunk at the Queen's Head on
Easter Monday afternoon. He pleaded Guilty.
Fined 5s. and 9s. costs, or seven days.
Walter Tame was next summoned for permitting drunkenness on the same
premises. Mr. G. Haines, for the defendant, pleaded Not Guilty.
Inspector Lilley deposed to seeing Reilly at the entrance to the Queen's
Head, Beach Street, very drunk. Afterwards, when a constable came up, he
saw the man leaning against the partition inside, and the landlord was
behind the bar serving. The landlord said he had told Reilly to go out,
and that he had had nothing to drink there. Witness said “I know that he
has been on your premises for some time; you have had plenty time to get
him off, and I shall report you”.
Cross-examined: I did not see the man go in.
Mr. Haines, for the defence, said his client had been in the house 13
years without any complaint. He did not serve Reilly, but, seeing his
condition, advised him to go home and go to sleep. Reilly left the bar
and went outside the partition, but evidently came back unobserved by
Mr. Tame, there being eight people in the bar at the time.
Defendant bore out this statement.
The Chairman, in dismissing the case, said it was not sufficiently
proved that defendant knowingly permitted. At the same time, the
Inspector did quite right in bringing the case before the Bench.
|
Folkestone Express 12 April 1902.
Saturday, April 5th: Before W. Wightwick, W.G. Herbert, G.I. Swoffer,
C.J. Pursey, and W. Salter Esqs., and Colonel C.J. Hamilton.
Michael Riley pleaded Guilty to a summons for being drunk on licensed
premises on Easter Monday afternoon.
Inspector Lilley said at three o'clock on March 31st he saw prisoner
drunk, and a woman was holding him up in the bar of the Queen's Head.
The defendant said he was drunk, and he went into the Queen's Head for a
pint of beer, which the landlord refused to serve.
Fined 5s. and 9s. costs or seven days' imprisonment.
Walter Tame, landlord of the Queen's Head, Beach Street, was summoned
for permitting drunkenness on his premises on March 31st. Mr. G.W.
Haines defended, and entered a plea of Not Guilty.
Inspector Lilley said about 3.05 p.m. on Monday he saw a man named Riley
(the last defendant) in the Queen's Head. He was very drunk. He kept
observation until 24 minutes past three o'clock, when P.C. Philip
Prebble joined him. They went to the Beach Street bar and saw Riley
leaning against the partition. Witness informed the landlord of the
condition of Riley, and he said “Yes, I have told him to go out”, and
speaking to Riley said “What have I told you Riley?” He assured witness
he had not had anything to drink in the house. Witness told defendant he
had had plenty of time to eject Riley, and he would report him for the
offence. He and Riley then left.
Supt. Reeve: You had the premises under observation for 19 minutes,
Inspector? – Yes.
The Chief Constable: And it would be impossible for Riley to leave the
premises without your seeing it? – There is another entrance.
Mr. Haines: Was there anyone else in the bar? – Yes, seven or eight.
Did you see Riley drinking? – No, I cannot say he was.
When he left, did he require any assistance? – No.
P.C. Philip Prebble corroborated.
Mr. Haines, in defence, said the town ought to be congratulated upon
having only one case of drunkenness on Bank Holiday, and it reflected
much credit upon the conduct of the licensed victuallers. It was idle to
deny the facts in this case, but the defendant did not knowingly permit
drunkenness on his premises.
The defendant went into the witness box, and said he had been the
landlord of the Queen's Head for nearly 13 years. About three o'clock on
Easter Monday Riley entered the bar, and knowing he had had enough, he
went up to him and told him to leave, which he did very civilly and
quietly. Witness did not see Riley again in the bar until the Inspector
entered. He did not serve Riley with any liquor at all.
The Chief Constable: Is it a fact that Riley went right off your
premises?
Witness: It is a fact he went out of my sight.
You cannot say he went right off the premises into the street? – He went
out of the door.
Mr. Haines: How far are the doors from the street? – About three or four
yards.
The Chairman said the evidence was not sufficiently conclusive to
convict the defendant, who had borne a good character at this house for
many years.
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Folkestone Herald 12 April 1902.
Saturday, April 5th: Before W. Wightwick, G.I. Swoffer, W.G. Herbert and
C.J. Pursey Esqs., Alderman Salter, and Councillor Lieut. Colonel
Hamilton.
Michael Riley was summoned for having been drunk on licensed premises,
the Queen's Head, on the 31st March. Defendant pleaded Guilty.
Inspector Lilley gave evidence, and the Bench imposed a fine of 5s. and
9s. costs, or in default 7 days'.
Walter Tame was summoned for permitting drunkenness on his licensed
premises, the Queen's Head, Beach Street, on the 31st March. Mr. G.W.
Haines defended, and a plea of Not Guilty was entered.
Inspector Lilley stated that at 3.05 p.m. on the day mentioned he saw
the man Riley (the last defendant) in the Queen's Head. He was very
drunk, and witness observed the house, until a constable came up, for 19
minutes. With the constable he visited the house, and went into the bar,
where the man Riley was leaning up against the partition. The landlord
was in the bar serving and, pointing to Riley, witness said “You see the
condition of that man?” He replied “Yes, and I have told him to go out”.
Turning then to Riley, he added “What have I told you, Riley?” The
landlord also said “He has had nothing to drink here”. Witness said “I
know he has been on your premises for some time. You have had plenty of
time to get him off”. Witness also said he would report him for
permitting drunkenness on licensed premises.
By Mr. Haines: There were seven or eight more persons in the bar – men,
women, and soldiers. Witness did not see the man drinking, and when he
left he did not require assistance.
P.C. Prebble said he saw Riley very drunk, leaning against the
partition.
By Mr. Haines: He did not know how long the man had been there.
The Chief Constable remarked that it was not alleged that the man was
served there.
Mr. Haines said Mr. Tame had held the house for 13 years. How carefully
it required a man to look after his house in such a locality they would
know. He had no conviction against his house. The landlord did not
permit this drunkenness. His very conduct in turning the man out showed
this. Knowledge was a question which came in there. It must be knowingly
on the part of the landlord. It was not sufficiently proved to come
within that section.
Defendant said on oath that on Bank Holiday Monday, close upon 3
o'clock, the man Riley came into the bar. Defendant thought he had had
enough beer, so he would not serve him. Not hearing him ask for
anything, defendant went round and spoke to him, and he said he had
called for a pint of beer. Defendant told him to take his advice and go
home. He replied that he had not done anything, and afterwards went out
quietly, and without another word. Defendant would not have served the
man with any liquor in any shape or form. He did not see Riley again in
the bar until the Inspector entered.
The Chief Constable: Did Riley go right off your premises?
Witness: He went out of my sight.
The Chief Constable: You cannot say he went into the street?
Witness: He went out of the door.
Mr. Haines: How far are the doors from the street?
Witness: About three or four yards.
The case was dismissed, the Bench not considering the evidence
sufficient, and remarking upon the landlord's good character.
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Folkestone Daily News 1 January 1906.
Inquest.
An inquest was held this afternoon on the body of John Brann, aged 68, a
well-known Folkestone fisherman.
From the evidence it appeared that deceased, who lodged at the Queen's
Head, Beach Street, went to bed about 11 o'clock on Saturday night. Two
other men slept in his room. They left about 8 o'clock on Sunday
morning. At half past 9 deceased was found hanging to the footrail of
the bedstead by a handkerchief.
His son was buried on Thursday, and this seems to have worried him.
A verdict of “Suicide while temporarily insane” was returned.
|
Folkestone Chronicle 6 January 1906.
Inquest.
The New Year opened in the Coroner's Court on Monday afternoon with an
inquest upon the body of John Brann, a well-known and highly respected
Folkestone fisherman, who on Thursday last followed his son to the grave
at the Folkestone Cemetery. From that which transpired at the inquest it
would appear that deceased, a fine-made, jovial man, had no apparent
trouble, but brooded upon the fact that another son did not attend the
funeral on Thursday.
The Borough Coroner, Mr. G.W. Haines, having sworn the jury, the first
witness called was John Charles Hagg, who said: I am a mariner, and
reside at 42, Bridge Street. The body now viewed by the jury I identify
as that of John Brann, who resided at Mr. Walter Tame's, the Queen's
Head, Beach Street. I believe he would have been 68 today. He was a
fisherman by occupation. He followed his occupation up to Thursday
morning. The last time I saw him alive was on Saturday night. I am his
son-in-law. His health of late has been very good. I have always found
him a very hearty man, with a cheerful disposition, but I noticed on
Saturday he seemed rather quiet. On Thursday last deceased attended the
funeral of his son. He seemed rather troubled over his son in London not
coming down to the funeral. On Saturday night at nine o'clock I left
him. He took my wife's hand and said “Good night, God bless you”, and I
said I would see him at Capt. Dorrell's the next morning. I asked him to
have some tea and he refused, saying he had had a jolly good dinner. I
noticed that, because he generally ate so heartily. He did not say
anything to me to lead me to think he would take his life, or I should
have kept him with me all night. At his fishing he was in constant work.
Walter Tom Tame said: I am the landlord of the Queen's Head, Beach
Street. Deceased has lodged with me about two months. He shared a
bedroom with two others. When he was ashore he had his meals at my
house. To my knowledge, money matters were not troubling him. I should
say that he had an exceptionally healthy constitution. On Thursday he
attended the funeral of his son. I saw him on the Thursday evening.
Considering that a funeral had taken place, he was in very bright
spirits, and it did not appear to have a depressing effect upon him. On
Friday he went to sea, and came in on Saturday morning. I think he had
his dinner at my house on Saturday, and a cup of tea in the afternoon.
He was a man of sober habits; he would take his glass, associate with
other men, and conduct himself in the same manner. The last time I saw
him alive was on Saturday night, between 9.30 and 10. He said to me
“Well, old chap, I'm going round the other side”, intimating that he was
going to bed. On Saturday he seemed to be more quiet that at any time
previous. He told me that he had consulted a solicitor over his son's
affairs. The son's absence from the funeral seemed to trouble him
considerably. On Saturday night he shared his bedroom with two young
men, Spearpoint and Bailey. At a few minutes to eleven o'clock my
daughter wished him goodnight. She told me he had gone to bed, and
wished her goodnight. Bailey and Spearpoint had been sharing the room on
and off for the past ten days. They were not regular lodgers. It was a
week prior to Saturday that they had last slept at my house. I went to
bed that night at 12 o'clock. I sleep on the same floor in an adjoining
room. I heard nothing whatever during the night. On Sunday morning my
wife got up about seven o'clock. Just before nine o'clock she came in to
me and said “There is something has happened to old Jock” (meaning the
deceased). She said “Do come; I think he has hung himself”. I went into
the adjoining room. No-one else was in there, save the deceased, who was
in a sitting position on the floor at the foot of the bedstead occupied
by the two young men. His feet and legs were stretched out along the
floor, his body was about that much from the ground (indicating about a
foot from the ground). Round his neck was the handkerchief produced.
Deceased had his shirt on. The handkerchief was fastened round his neck,
and over the knob of the bedstead, twice turned, two half-hitches, and
tied in a third knot between his neck and the bed knob. When I looked at
him his tongue was not out, there was no saliva, the eyes were shut, but
the face seemed quite black. I tried to untie the knot, but failing,
took my knife out and cut him down, and sent for a doctor and constable.
Deceased's hands were clasping the rail of the bedstead at the foot. The
handkerchief is similar, if not the one, to those used either round his
neck or in his pocket. When I saw both hands clutching the rail of the
bed, the position struck me as rather peculiar. (Witness illustrated the
position of deceased, which showed that the loop was forcing him outward
from the bed).
Mrs. Elizabeth Tame said: I am the wife of the last witness. I saw Brann
on Saturday night about 9.30, when he said he was going to bed. On
Sunday morning I got up about seven o'clock. I said “Good morning” to
the two boys, Bailey and Spearpoint, when they went out; they told me
they were coming back that night.
The Coroner: Did they come back?
Witness: They did not come back, I suppose because the man was there
dead. Just after the postman, Pantry, came with a letter from the
undertaker. I went to the bedroom, opened the door, and did not at first
see him. I looked round and saw the back of his head beside the
bedstead, and thinking there was something the matter, went and fetched
my husband.
John Spearpoint said: Occasionally when I stop ashore I stay at the
Queen's Head, but generally I am aboard the boat, F.E. 59. On Saturday
last I was sharing a room at the Queen's Head with deceased and
Frederick Bailey. I knew deceased well. At 10.30 Bailey and I went to
bed together. When we went up Brann was not gone to bed. I shortly went
to sleep, and did not hear him come to bed. I saw deceased in the bar
about 9.30. He had not been drinking, and was sober. About 5.30 in the
morning I heard a rumbling about, and said to myself “There is old Jock
mumbling to himself”, and went to sleep again. At 7.45, when the St.
Peter's bell was ringing, I got up and called Bailey. While I was
dressing, deceased rolled over and mumbled again. I said “What is the
matter, old Jock?”, and he rolled over, pulled the clothes over him, and
made no reply. Bailey and I went downstairs, wished Mrs. Tame “Good
morning”, and went out. It was then 10 past 8 by Jordan's clock. The
next thing I heard was a man, who came up to me and said “There is a
policemen looking after you. Brann has hung himself”. I said “No, he has
not. I spoke to him at eight o'clock”. Subsequently I proceeded to the
police station and gave all the information I knew.
Frederick Bailey said: I generally sleep on the boat F.E. 59. On
Saturday last I slept at the Queen's Head with Spearpoint. During the
night I did not hear anything. I have heard all that Spearpoint said,
and corroborate it.
P.C. Harry Johnson said: On Sunday morning, at nine o'clock, from
information received, I proceeded to the Queen's Head, and there found
in a back bedroom on the first floor the body of the deceased, Brann.
The handkerchief had been cut off. Mr. Tame was then in the room, and
showed me the handkerchief produced. Deceased was lying on the floor on
his back, and in his shirt. His face was dark blue, eyes closed. There
was a slight impression round the back and sides of the neck. Deceased's
body was very warm. I tried artificial respiration for ten minutes, and
sent for the doctor. Dr. Gilbert arrived in about ten minutes.
Everything in the room was in order.
Dr. William Thornton Gilbert said: On Sunday morning, about 9.30, I was
called by the police to the Queen's Head. On arrival I found deceased
lying on the floor, and the police constable doing artificial
respiration. There being no response at all to the artificial
respiration, I examined the body and found the man dead. The body was
warm, but cooling down. I should say he had been dead about 20 minutes.
There was discolouration at the back of the neck, and a slight
constriction on the left side. Mr. Tame told me exactly the same story
as given in evidence, and Mrs. Tame a story about him being worried at
not receiving some money. Deceased was a well-nourished man. From the
symptoms death, in my opinion, resulted from strangulation. I have no
doubt about that. From the position in which the body was found it would
be possible for deceased to strangle himself. The constable and I put
the handkerchief round his neck, and found that it would only go once
round. The doctor concluded by setting up a theory as to how deceased
became strangled.
The Coroner summed up upon the evidence given, and pointed out that
there was no doubt death arose through strangulation. The two witnesses,
Spearpoint and Bailey, had given their evidence straightforwardly, and
there was no doubt that deceased committed the act himself. The question
for the jury was, having regard to the evidence; Was deceased in his
right mind when the act was committed?
The jury at once returned a verdict of “Suicide whilst temporarily
insane”.
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Folkestone Express 6 January 1906.
Inquest.
An inquest was held at the Town hall on Monday afternoon by the Borough
Coroner (Mr. G.W. Haines), respecting the death of John Brann, a
fisherman, who was found dead in his bedroom on Sunday morning.
John Charles Hagg (son-in-law) said he identified the body as that of
John Brann. He lived at the Queen's Head. He was 67 years of age,
witness believed, and was a fisherman. He was always a hearty man, and
was of a cheerful disposition. On Thursday last he attended a funeral of
his son, and seemed to be worried by the absence of another son. On
Saturday he came to witness's house, and left about tea time. He seemed
a little quiet, but witness did not think he was strange in his manner.
There was nothing about deceased which would lead witness to think he
would take his own life.
Walter Tom Tame said he was the landlord of the Queen's Head Inn, Beach
Street. Deceased had lodged with him about two months. When he was
ashore he had meals with them. He had no monetary troubles. He was a
healthy man. Witness knew he had attended a funeral on Thursday, and
under the circumstances he did not seem depressed. On Friday he went to
sea, and came back early on Saturday morning. He had his dinner at the
Inn that day, and a cup of tea in the afternoon. He was a man of sober
habits. Witness saw deceased last time on Saturday evening between half
past nine and half past ten in the bar. He then said he was going out.
He seemed very quiet, and told witness he had had to consult a solicitor
about his son's affairs. Witness's daughter told him that deceased had
gone to bed. Deceased shared his bedroom with two other men, Spearpoint
and Bailey. Witness went to bed on Saturday about twelve o'clock. His
bedroom was on the same floor as that of deceased. He heard no sound
during the night. On Sunday morning his wife got up about seven o'clock,
and just before nine o'clock she came in to him and said “There is
something happened to old Jack”. Witness said “What do you mean?” She
said “Do come; I believe he has hung himself”. Witness then went into
the adjoining room, and found deceased was on the ground in a sitting
position at the foot of the bedstead occupied by the other two men.
Deceased's body was not more than a foot from the floor. Round his neck
was the handkerchief produced. He was only attired in his shirt. The
handkerchief was twisted round the knob of the bedstead twice, and the
ends came down and were tied round deceased's neck. His face was
discoloured and the eyes were shut. The hands were clasping the rail at
the foot of the bed. Witness cut the handkerchief and lowered the body
down, and sent for a constable and a doctor. Deceased used to wear a
handkerchief similar to the one produced.
Elizabeth Tame, wife of the last witness, said she saw the deceased the
last time on Saturday at half past nine. She got up about seven o'clock
on Sunday morning, and said “Good morning” to Spearpoint and Bailey.
Shortly after witness went to deceased's bedroom with a letter. She
opened the door and looked round the room and saw deceased in a sitting
posture near the bedstead. Witness then communicated with her husband.
John Spearpoint, a fisherman, said on Saturday he was sharing a room at
the Queen's Head with deceased and Bailey. He and Bailey had one bed.
They went to bed at half past ten. Deceased came to bed afterwards, but
witness had gone to sleep. He had seen him in the bar previously. About
five o'clock witness woke up and heard a mumble, but took no notice and
went to sleep again. At a quarter to eight witness woke up again and
called Bailey. While he was waiting for Bailey, deceased mumbled
something, and deceased spoke to him, but he made no answer. Bailey and
he then went downstairs and went out for about an hour and a half. When
they came back they heard what had happened, and went to the police
station and gave all the information they could.
Frederick Bailey, a fisherman, corroborated Spearpoint's evidence.
P.C. Harry Johnson said on Sunday at nine o'clock, from information
received, he went to the Queen's Head, and on the first floor in a back
room he saw the body of the deceased. Mr. Tame accompanied witness and
showed him the handkerchief produced. Deceased was lying on the floor.
His face was a dark blue, the eyes were closed, and there was a slight
impression round the neck. His body was warm, and witness applied
artificial respiration. Dr. Gilbert arrived some ten minutes afterwards.
There were no signs of a struggle.
Dr. Thornton Gilbert said about 9.30 a.m. on Sunday last he was called
to the Queen's Head Inn, where he found the deceased lying on the floor.
A police constable was applying artificial respiration. There was no
response, and he found the man was dead. The body was cooling down, and
witness thought deceased had been dead about twenty minutes. There was a
discolouration at the back of the neck, and a slight mark of
constriction on the left side of the neck. The body was well nourished.
In witness's opinion death was due to strangulation.
The jury returned a verdict of “Suicide during temporary insanity”.
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Folkestone Herald 6 January 1906.
Inquest.
An enquiry was held at the Town Hall on Monday afternoon by the Borough
Coroner (Mr. G.W. Haines), with regard to the death of George Brann, a
fisherman, who was found hanging in his bedroom at the Queen's Head Inn
on Sunday morning.
John Charles Haig stated that he identified the body as that of Brann.
As far as he knew the deceased would have been 68 that day. He was a
fisherman, and went out fishing up till the previous Thursday morning.
On Saturday evening, between 6 and 6.30 he last saw the deceased alive.
Witness was his son-in-law. Deceased had always been a hearty man, and
of a very cheerful disposition. The previous week he noticed that
deceased was rather quiet. On Thursday last the deceased attended the
funeral of his son. He was troubled that a son in London did not come
down to the funeral. On Saturday the deceased was at his house between
six and seven. Witness asked him to have some tea, but he declined. This
rather surprised his, as deceased was such a hearty man. He said he had
had a good dinner, and did not want anything. When he went he said “Good
night, and God bless you”. Witness did not notice it then, but he
afterwards thought it was unusual. He remembered, too, that he did not
take much interest in the children as he usually did. Deceased was in
good work.
Walter Thomas Tame, landlord of the Queen's Head, Beach Street, stated
that the deceased had lodged with him for about a couple of months. He
slept alone usually, but occasionally others shared the room with him.
He was a man of exceptionally strong constitution, witness thought, and
never complained of anything. On Friday evening he saw the deceased,
and, considering that he had been to a funeral, he was in very good
spirits. It did not seem to have any effect upon him. Deceased went to
sea on Friday, and came back on Saturday at about 4 a.m. Deceased, he
thought, had his dinner at the house, and also a cup of tea then. He was
generally a temperate man, having a glass or two occasionally. Witness
last saw him between nine and ten p.m. on Saturday, when deceased said
“Well, old chap, I am going round the other side”, intimating that he
was going to bed. Witness remarked to his wife that deceased was
remarkably quiet. Deceased had said he would consult a solicitor with
regard to his son's affairs. His other son's absence from the funeral
seemed to trouble him. At about eleven o'clock witness's daughter wished
deceased good night. Two young men named Bailey and Spearpoint shared
the room with deceased that night. They were not regular lodgers. On
Saturday he went to bed at 11.45, on the same floor, in an adjoining
room. On Sunday morning his wife got up about seven o'clock, and at
about 9 she came to him and said “There's something happened to old
Jack”, meaning the deceased. Witness said “What's the matter?”, and she
said “Do come; I think he's hung himself”. He then went into the
adjoining room. No-one was in there save the deceased, who was on the
ground in a sitting position at the foot of the bedstead. His feet and
legs were stretched out along the floor, and the body was about a foot
from the floor. A handkerchief was round his neck. He was attired in his
shirt only. A handkerchief was twined round the knob of the bed twice,
and tied in a knot round the man's neck. The knot was near the
deceased's ear, underneath the jaw. He thought the handkerchief was
tight. Deceased's eyes were shut, and his face was discoloured and
black. His hands were clasping the rail at the foot of the bed. Witness
tried to untie the knot, but failed, and so he cut it. He then told his
wife to send for a doctor and a constable. At times he had seen the
deceased with a similar coloured handkerchief. There was no doubt that
this was the same. It struck him as peculiar that the deceased's hands
were in the position they were.
At the request of the Coroner, witness intimated the position of the
deceased when found. Continuing, he said that the deceased was leaning
back as if falling.
Elizabeth Tame, the wife of the last witness, stated that on Sunday
morning she got up early, and saw the boys, Bailey and Spearpoint, go
out. That was about eight o'clock. They said they were coming back that
night, but they did not come back. She thought that was because the man
was dead. After the two young men had gone the postman came with a
letter. From what he said she went up to ask deceased if it was the
eldest or youngest son who was dead. She went into his room and saw him,
apparently hanging from the bed. She then called her husband.
John Spearpoint stated that he was a fisherman, and generally stopped on
the boat, No. 59, Folkestone. On Saturday last he was sharing a room
with the deceased, whom he knew very well. Frederick Bailey was also
there. He and Bailey occupied one bed, and Brann the other. He went to
bed with Bailey at about 10.30, and shortly afterwards went to sleep. He
did not hear deceased go to bed. At about 5 a.m. he heard a rumbling
noise, and thought it was Brann mumbling to himself. He went to sleep,
and awoke again about 7.45. After dressing, he said “What's the matter,
old Jack”?”, but Brann rolled over the other side, and made no answer.
He waited for Bailey, and after wishing Mrs. Tame “Good morning”, they
went out at 8.10. They were gone about an hour and a half, and he heard
that a policeman wanted him and Bailey. They looked for the policeman,
and afterwards found him and went to the police station, there giving
all the information they knew.
Frederick Bailey stated that he worked on the same boat as the other
witness. He corroborated Spearpoint's evidence.
P.C. H. Johnson stated that on Sunday last, at 9 o'clock, he was spoken
to by a lad in Tontine Street, and afterwards went to the Queen's Head,
where he saw the body of the deceased lying on the floor. Mr. Tame was
in the room, and showed him the handkerchief. The face of the deceased
was of a dark blue, his eyes were closed, and there was a slight
impression round the back of the neck. The body was warm, and witness
commenced artificial respiration and sent for a doctor. Dr. Gilbert
arrived about ten minutes afterwards. The furniture was in its place,
and the room did not appear to be the scene of any struggle or
disturbance.
Dr. Gilbert stated that on Sunday last, at about 9.30, he saw the
deceased lying on the floor, and the police constable carrying out
artificial respiration. As there was no response to this he examined the
body, and found the man to be dead. There was a discolouration on the
back of the neck, and a slight mark of constriction on the left side.
The cause of death was strangulation. It would be possible for the
deceased to strangle himself in the position he was in. The handkerchief
went round the neck only once, he would say. He thought the deceased had
tied himself to the bed tightly in the first place, and that his own
struggling afterwards loosened the handkerchief.
The jury returned a verdict of “Suicide during temporary insanity”.
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Folkestone Daily News 16 March 1906.
Friday, March 16th: Before Messrs. E.T. Ward and T. Ames.
George Thomas Boreham pleaded Guilty to being drunk, that is, he
admitted he had “had a little”.
P.C. Butcher stated that he was on duty in Beach Street at 10 o'clock on
the previous evening when the prisoner came out of the Queen's Head.
Seeing he was drunk, witness requested him to go home. He refused and
put himself in a fighting attitude. As he still refused to go away and
made use of obscene language, with the assistance of P.C. Sales he was
conveyed to the police station and charged.
In reply to the Chairman, the constable said he believed prisoner was
served with one ½ pint of beer in the Queen's Head.
The accused said that when he came out of the Queen's Head he saw two
policemen. One of them (previous witness), he alleged, pushed him. He
also asserted that it was the constable who used the bad language
referred to.
Prisoner, who was described as a Rye fisherman, was fined 2s. 6d.with
4s. 6d. costs, or seven days' hard labour.
The fine was paid by another fisherman.
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Folkestone Express 24 March 1906.
Friday, March 16th: Before E.T. Ward and T. Ames Esqs.
George Thomas Boreham, a Rye fisherman, was charged with being drunk and
disorderly in Beach Street the previous evening.
P.C. Butcher said at eleven o'clock the previous night, when on duty in
Beach Street, he saw the prisoner come out of the Queen's Head public
house. He was drunk, and as he would not go away, witness told him to do
so. Boreham then put himself in a fighting attitude, and eventually
began to pull off his coat. As he would not go away, witness, with the
assistance of P.C. Sales, took him into custody.
In answer to the Chairman, witness said the landlord of the public house
told him he had served the prisoner with half a pint of beer.
Boreham said the constable shoved him, and also used a filthy expression
to him.
Fined 2s. 6d. and 4s. 6d. costs, the money being paid by one of his
friends.
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Folkestone Daily News 28 April 1906.
Saturday, April 28th: Before Messrs. W.G. Herbert and R.J. Linton.
Henry Todd was charged with being drunk on licensed premises. He pleaded
Not Guilty.
P.C. Sales said he saw the defendant in High Street on the 19th about
1.40. He was drunk. Later he saw him go into the Queen's Head. Witness
went in and told the landlord not to serve him as he was drunk.
Afterwards he left the house.
P.S. Osborne spoke to seeing the defendant in Dover Street at 3.00 on
the afternoon in question. He was drunk and shouting “Primroses a penny
all the large handful”.
Defendant said he had been sent out with primroses. He went into the
West Cliff because it was raining, and did not have more than two pints
of beer. He should reckon that if he had been shouting as described he
would have been stopped.
Geo. Pilcher said he went down the street with defendant on the day in
question. They went into the Queen's Head. P.C. Sales came in as he had
stated. Todd was not drunk. He went into the Hope Inn and the landlord
served him, so he could not have been drunk.
The Chief Constable said the defendant was before the Bench on the 9th
of April, charged with being drunk and disorderly, and fined.
The Chairman said they considered the case fully proved, and fined
defendant 5s. with 11s. costs, or 7 days' hard labour.
A request for time to pay was refused.
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Folkestone Express 5 May 1906.
Saturday, April 28th: Before W.G. Herbert and R.J. Linton Esqs.
Henry Todd was charged with being drunk on licensed premises. He pleaded
Not Guilty.
P.C. Sales said about 1.40 on the afternoon of April 19th he saw
defendant in High Street. He was drunk. Shortly afterwards witness saw
Todd go into the Queen's Head public house. Witness went in too, and
told the landlord not to serve Todd. The landlord refused to serve him,
and told him to leave the house. Witness told defendant he should report
him for a summons, and defendant made no reply.
P.S. Osborne said shortly after three o'clock on the afternoon in
question, he saw defendant in Dover Street. He was carrying a basket
containing primroses, and shouting “Primroses”, etc., at the top of his
voice. He was reeling as he came up the street. Witness saw he was
drunk.
George Pitcher said Todd was not drunk.
The Chief Constable said defendant had been before the Magistrates once
that year, when he was fined 2s. 6d. and costs for being drunk and
disorderly.
Todd was fined 5s. and 11s. costs, or seven days'. He went below.
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Folkestone Herald 5 May 1906.
Saturday, April 28th: Before Alderman W.G. Herbert and Mr. R.J. Linton.
Henry Todd was summoned for being drunk on licensed premises.
P.C. Sales stated that at 1.40 p.m. on the 19th inst. he saw the
defendant in the High Street, drunk. Shortly afterwards he saw him go
into the Queen's Head. Witness told the landlord not to serve him, and
he took the defendant's name and address.
P.S. Osborne stated that shortly after three o'clock on the afternoon in
question he saw the defendant in Dover Street with a basket of
primroses, which he was showing for sale. He was reeling, and witness
saw that he was drunk. He stopped and spoke to a man, and when he
started off again he reeled, caught his toe in the footpath, and fell
against a house.
Defendant said he had been out with primroses, and came down from the
West Cliff. If he was drunk, surely somebody else would have taken his
name before he got down so far. He called George Pitcher as a witness.
Geo. Pitcher stated that he went down to the Queen's Head on the day in
question with Todd, who on the way shouted “Primroses”. When they went
in the house Sales followed them and took Todd's name, although he was
not drunk.
The Chief Constable stated that defendant had been before the Court for
being drunk and disorderly on the 9th April.
A fine of 5s. and 11s. costs was imposed, or in default 7 days'.
Defendant asked for time to pay, but this was refused.
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Folkestone Express 11 August 1906.
Tuesday, August 7th: Before Alderman Spurgen, Lieut. Colonel Fynmore,
and T. Ames Esq.
William Bradshaw was charged with being drunk and disorderly in Beach
Street the previous night. He admitted the offence.
P.C. Sales said he was in Beach Street at 8.30 p.m., when he saw the
prisoner, who was drunk, fighting with another man. He was also
flourishing a stick and attempting to smash the windows of the Queen's
Head public house.
Prisoner said he did not try to smash any windows.
Fined 2s. 6d. and 4s. 6d. costs, or seven days' hard labour in default.
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Folkestone Herald 11 August 1906.
Tuesday, August 7th: Before Alderman G. Spurgen, Councillor R.J. Fynmore,
and T. Ames Esq.
William Bradshaw was charged with being drunk and disorderly in Beach
Street the previous evening.
P.C. Sales stated that at 8.30 the previous evening he saw prisoner in
Beach Street, drunk and fighting with another man, also attempting to
smash a window of the King's Head (sic) public house. Prisoner was using
filthy language.
Accused denied that he tried to smash the windows.
In default of paying a fine of 2s. 6d. and 4s. 6d. costs, Bradshaw was
sentenced to seven days' hard labour.
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Folkestone Daily News 5 February 1907.
Annual Licensing Sessions.
Tuesday, February 5th: Before Messrs. Ward, Hamilton, Linton, Fynmore,
Herbert, Pursey, and Carpenter. Mr. Stainer, Mr. Wells, and Mr. Boyd,
the two latter being the new Magistrates, occupied seats on the Bench,
but did not adjudicate.
The Chief Constable read his report as to the number of houses and
convictions, which showed a decrease last year. He recommended that the
Bench should still continue to take advantage of the Act and refer some
of the licences to the Compensation Committee at the Canterbury Quarter
Sessions. He then went on to say that although he did not oppose the
renewal of any licences on the ground of misconduct, there had been five
convictions during the last year, and he had had to warn one licence
holder against allowing betting and taking in slips. He also wished to
caution all licence holders that these practices would not be allowed on
any occasion, and after giving this public warning he should take steps
to detect and prosecute for any such offences.
The Chairman, before commencing, stated that the Licensing Bench had
visited a large number of houses, and they had seen in various places
automatic machines, into which people put pennies, and in some instances
got their penny back or a cigar, &c. The having of these machines was
practically permitting gambling, and it had been decided that they were
illegal. Every licence holder must understand that they were to be
immediately removed, otherwise they would be prosecuted for having them.
As regards the automatic musical boxes, gramophones, &c., if licensed
victuallers had them on their premises, they were to be used in such a
way as not to be a nuisance to the neighbourhood, and if complaints were
made they would have to be removed.
The renewal licences for the Black Bull Hotel, the Railway Inn, the
Chequers, Queen's Head, Channel Inn, Alexandra Tavern, Perseverance, and
Railway Hotel at Shorncliffe, were adjourned till the 4th March, some on
account of convictions, and some for the consideration of closing them
under the Licensing Act. The other applications were granted, a full
report of which will appear in our next issue.
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Folkestone Express 9 February 1907.
Annual Licensing Sessions.
Wednesday, February 6th: Before E.T. Ward Esq., W.G. Herbert, R.J.
Linton, C.J. Pursey and W.C. Carpenter Esqs., Lieut. Col. Fynmore, and
Lieut. Col. Hamilton.
The Chief Constable read his report as follows:
Chief Constable's Office, Folkestone, 6th February, 1907.
Gentlemen, I have the honour to report that there are at present within
your jurisdiction 128 places licensed for the sale by retail of
intoxicating liquors, viz.:- Full licences, 80; beer “on”, 9; beer
“off”, 6; beer and spirit dealers, 14; grocers, 12; chemists, 4;
confectioners, 3; total 128. This gives an average, according to the
census of 1901, of one licence to every 239 persons, or one “on” licence
to every 344 persons. This is a reduction of 8 licences as compared with
the return presented to you last year, as the renewal of 3 “off”
licences was not applied for at the last annual licensing meeting, and
at the adjourned licensing meeting the renewal of one full licence was
refused on the ground that the premises had been ill-conducted, and four
other full licences were referred to the Compensation Committee for East
Kent on the ground of redundancy. These four licences were subsequently
refused by the Compensation Committee, and after payment of
compensation, the premises were closed on 31st December last. Since the
last annual licensing meeting 22 of the licences have been transferred,
viz:- Full licences, 15; beer “on”, 5; off licences, 2; total 22. During
the year three occasional licences have been granted by the justices for
the sale of intoxicating liquors on premises not ordinarily licensed for
such sale, and thirty extensions of the ordinary time of closing have
been granted to licence holders when balls, dinners, etc., were being
held on their premises. During the year ended 31st December last, 131
persons (106 males and 25 females) were proceeded against for
drunkenness. 114 were convicted and 17 discharged. This, it is most
satisfactory to find, is a decrease of no less than 52 persons proceeded
against as compared with the preceding year, when 164 were convicted and
19 discharged. Six of the licence holders have been proceeded against,
and five of them convicted, for the following offences: Selling
adulterated whiskey, 1; permitting drunkenness, 1; delivering beer to a
child in unsealed vessels, 2; supplying drink to a constable when on
duty, 1; total, 5. In the latter case notice of appeal against the
conviction has been given by the licensee. Eleven clubs where
intoxicating liquor is sold are registered in accordance with the Act of
1902. There are 16 places licensed for music and dancing, and two for
public billiard playing. I offer no objection to the renewal of any of
the present licences on the ground of misconduct, the houses generally
having been conducted during the past year in a satisfactory manner, but
on one occasion one of the licence holders was cautioned (as the
evidence was insufficient to justify a prosecution) for receiving slips
and money relating to betting, which practice he immediately
discontinued, bit I desire to intimate to all the licence holders that
if in future any such practice is allowed, or any illegal gaming
whatever is permitted on their premises, I shall take such steps as may
be necessary to detect and prosecute the offenders. I beg to submit a
plan showing the situation of all “on” licensed premises within the
congested area, which I have marked on the plan, and would respectfully
suggest that the Committee again avail themselves of the powers given by
the Licensing Act, 1904, and refer the renewal of some of the licences
within this area to the Compensation Committee to deal with under the
Act. Within this area there are 920 houses, with a population
approximately of 4,600, with 37 “on” licensed houses and 8 other
licences, giving a proportion of one licence to every 20 houses or every
102 persons, and one “on” licence to every 24 houses or every 124
persons. This number of licences I consider excessive for the
requirements of the neighbourhood. I have received notices from eight
persons of their intention to apply at these sessions for the following
new licences, viz.,:- Full licence 1; beer off 1; cider and sweets off
1; wine off 3; music, etc., 2; total 8.
I am, Gentlemen, your obedient servant, H. Reeve, Chief Constable.
The Chairman said the report seemed to be highly satisfactory. The
Magistrates were very pleased to see the diminution in the number of
cases of drunkenness brought before the Bench. One point about the
report he wanted to make a remark upon, and that was the prevalence of
gaming in public houses. In several houses the Committee visited they
saw automatic machines, in which customers placed pennies and pulled a
trigger. Occasionally they got something out for their pennies. That was
gaming. It had been decided to be illegal, and they warned all licence
holders that they would be watched, and that the machines would not be
allowed, and proceedings would be taken against the offending publicans,
whose licences would be jeopardised next year. There was one other point
of a similar nature with regard to musical instruments, which were
reported to be a great nuisance. They warned all licence holders to be
careful not to create a nuisance with those pianos and other
instruments, which were now very common indeed in public houses.
The following houses were ordered to be opposed as not required: The
Channel Inn, High Street; the Queen's Head, Beach Street; the Railway
Tavern (sic), Beach Street; the Chequers, Seagate Street; and the
Perseverance, Dover Street.
Adjourned: The Black Bull Hotel, the Alexandra Tavern, the Imperial
Hotel, Black Bull Road, and the Railway Hotel, Coollinge.
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Folkestone Herald 9 February 1907.
Annual Licensing Sessions.
Wednesday, February 6th: Before Mr. E.T. Ward, Alderman W.G. Herbert,
Lieut. Colonel Hamilton, Major Leggett, Councillor W.C. Carpenter, and
Messrs. R.J. Fynmore, R.J. Linton, and C.J. Pursey.
The Chief Constable presented his annual report (for details see
Folkestone Express report).
The Chairman: The report seems to be very satisfactory, and we are very
glad to see the diminution in the number of cases of drunkenness brought
before the Bench. One point about the report I should like to make a
remark upon, and that is about gambling in public houses. In every house
we have visited we saw automatic machines in which you put a penny,
pulled a trigger, and occasionally you get something out, either your
penny back, or a card for a cigar. That is gaming, and it has been
decided as illegal, and we warn all licence holders who have these
machines that they must be removed or otherwise proceedings will be
taken against them for gaming, and their licences may be in jeopardy
next year. There is another thing. In the same way, with regard to these
musical instruments, which have been reported to the Bench as a great
nuisance, we warn all the licence holders to be careful, and not create
nuisances with these machines.
The licences of the Channel, High Street, the Queen's Head, Beach
Street, the Railway Inn, Beach Street, the Chequers, Seagate Street, and
the Perseverance, Dover Street, were not renewed, notice of opposition
being given on the ground of redundancy.
The renewals of the licences of the Black Bull Hotel, Alexandra Tavern,
Imperial, and Railway Hotel were all adjourned till the adjourned
sessions for reasons not given.
The Justices fixed the 4th March as the date of the adjourned licensing
meeting.
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Folkestone Daily News 4 March 1907.
Adjourned Licensing Sessions.
Monday, March 4th: Before Messrs. Ward, Fynmore, Linton, Boyd, Herbert,
Pursey, Carpenter, Leggett, and Hamilton.
There were seven licences to be considered: The Black Bull, Railway
Tavern (sic), Railway Hotel, Perseverance, Chequers, Channel Inn, and
Queen's Head.
The Queen's Head.
The Chief Constable opposed on similar grounds to the previous case.
Mr. De Wet, who appeared for the brewer and tenant, admitted the notice
subject to examination.
The Chief Constable gave details of structure, showing limited
accommodation. There were 26 houses within 100 yards radius. In his
opinion the house was one of the least suitable for licensed premises.
Mr. Mowll could hardly think that the Bench had made up their minds. It
was doing the largest trade of any licence that had been opposed.
Inspector Burniston corroborated, and added that the house was
principally used by hawkers and fishermen, and people who lived in
common lodging houses.
Mr. De Wet called Mr. Ernest Hands, from Nalder and Collyer's, who
deposed that the trade of the house in beer and spirits for three years
had been:- 1904, 197½ barrels, 151 dozen ginger beer, 189 gallons of
spirits; 1905, 187¾ barrels, 198 dozen ginger beer, 188 gallons of
spirits; 1906, 239½ barrels, 330 dozen ginger beer, 196 gallons of
spirits. The trade was fairly average all the year round.
Mr. Walter Tame deposed that he paid £305 to go into the Queen's Head.
He paid £40 per year rent. He did a good general run of public trade,
and had never been convicted. He was quite satisfied with the trade, but
if he had got the Morehall licence he might have done better. He had
made eight or nine applications to change the licence. There was more
drinking going on, but if his house was closed his customers would not
go thirsty.
The case was referred to the Licensing Committee.
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Folkestone Express 9 March 1907.
Adjourned Licensing Sessions.
The adjourned licensing sessions were held on Monday at the Police
Court, when the principal business to be considered was whether or not
the five licences should be referred to the East Kent Licensing
Committee for compensation. The Licensing Justices on the Bench were E.T.
Ward Esq., Lieut. Col. Fynmore, Lieut. Col. Hamilton, W.G. Herbert, C.J.
Pursey, R.J. Linton and W.C. Carpenter Esqs., while other justices
present were Major Leggett, Mr. G. Boyd, and Mr. J. Stainer.
The Chief Constable said the next business was to consider the
opposition to five licences.
The last house for consideration was the Queen's Head, Beach Street.
Mr. De Wet appeared on behalf of the tenant and landlords.
The Chief Constable stated that notice of opposition had been served
upon the tenant and landlords of the house, on the ground that the
licence was not needed for the requirements of the neighbourhood. The
house was situated in Beach Street. Walter Tom Tame, who obtained the
transfer of the licence on August 7th, 1889, was the tenant. The
registered owners were Messrs. Nalder and Collyer, of Croydon. The
rateable value of the house was £32. The house adjoined the Wonder
Tavern, and the back-way was directly opposite the South Foreland. The
rateable value of the Wonder Tavern, although only a beerhouse, was £36,
while that of the South Foreland was £72. There were twenty four houses
in Beach Street, and six of them were licensed houses. The entrance was
at the back of the house. The door opened into a passageway. The serving
window overlooked the bar. There was also a tap room, which was 9 ft. 9
in. by 9 ft. 10 in., and about 7 ft. 6 in. high which opened from the
passage. There was really no light to that room except that obtained
from the window overlooking the front bar. Within a radius of 150 yards
there were twenty six other on licensed houses. There was no yard to the
premises, and the whole of the accommodation of the premises was
inferior to the immediate adjoining houses. He considered, with the
exception of the Railway Inn, those premises were less suitable than any
of the licensed premises. The majority of the customers appeared to be
men working at the fish market and employed about the fish market, and a
few working on the Harbour. He considered the licence to be unnecessary
for the needs of the neighbourhood, and if the house was closed there
would still be ample accommodation for them to be supplied at the
remaining houses.
The Justices decided to refer the house to the Licensing Committee.
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Folkestone Herald 9 March 1907.
Adjourned Licensing Sessions.
Monday, March 4th: Before Mr. E.T. Ward, Alderman W.G. Herbert, Lieut.
Colonel Hamilton, Councillors W.C. Carpenter and G. Boyd, and Messrs.
R.J. Fynmore, C.J. Pursey, R.J. Linton, and J. Stainer.
The Queen's Head.
The last case was that of the Queen's Head, Beach Street, the ground of
opposition being the same as in the previous case (that the house was
not needed).
Mr. De Wet appeared for the tenants and owners.
The Chief Constable said that the licensee was Walter Tom Tame, who
obtained the licence in 1889. The owners were Messrs. Nalder and Collyer.
The house adjoined the Wonder Tavern, and directly opposite the back
entrance was the South Foreland. Its rateable value was £32, while that
of the Wonder, which was only a beerhouse, was £36, and the South
Foreland £72. There were 24 houses in Beach Street, six of which were on
licensed houses. There were two entrances to the house on one side, and
one on the other. The two entrances at the front entered the public bar.
At the entrance at the back of the house the door opened into a
passageway, which had a swing window opening into the bar. There was
also a tap room opening from that passage, which was 9 ft. 9 in. by 9
ft. 10 in., and about 7 ft. 6 in. high. Witness drew the particular
attention of the Bench to the facts as to that room, seeing that there
was only borrowed light.
Mr. De Wet took exception to this point, as it had to do with structural
manners, which were not included in the notice of opposition.
Witness added that within a radius of 150 yards there were 26 other on
licensed houses. The accommodation for the licensee was upstairs. The
whole house was inferior to the immediately adjoining premises, and he
considered that, with the exception of the Railway Inn, which he dealt
with that morning, the premises were the least suitable of any in Beach
Street for the purpose of a licensed house. The majority of the
customers appeared to be employed about the Fishmarket, and a few men at
the Harbour. He considered the licence to be unnecessary, and that if
the house was closed there would be ample accommodation at the other
houses.
Cross-examined by Mr. De Wet: In the congested area, not one sixth of
the borough was included. During the eighteen years that Mr. Tame had
held the house he had not been convicted, nor had there been a
conviction against a tenant of the house since 1883.
Detective Sergeant Burniston corroborated. The landlord, he said, did a
fairly good trade. The majority of his customers were hawkers and
fishermen. There were some residents who used the house.
Mr. Ernest Hand, collector for Messrs. Nalder and Collyer, stated that
he had inspected the books in connection with the beer supplied to the
Queen's Head. He had taken the returns for three years, as that was the
custom of the Authorities in his district. The three years were the lean
years of the trade. In 1904, 197¼ barrels were sold, in 1905 187 3/8
barrels were disposed of, and in 1906, 239½ barrels were sold. The
bottled trade for the respective years was 150 doz., 198 doz., and 330
doz., showing an increase each year. As to wines and spirits, the
figures were 190, 189, and 196 gallons respectively. The trade was a
good steady one all the year round, and there was very little difference
in it.
The Chief Constable: And you call that a good trade?
Witness: Yes.
The Chief Constable: And yet you wanted to surrender that and give
another away for the one at Morehall, didn't you? (Laughter)
Mr. Walter Tom Tame gave evidence as to the trade. He said he paid £40 a
year rent. He had a good general round of public trade, and he had had
tradespeople in the immediate neighbourhood who were customers for
several years. He was satisfied with his trade, though he thought if he
had been able to get to Morehall it would have been a better trade.
Cross-examined: He had made eight or nine applications for the transfer
of the licence of the Queen's Head. He thought the people there were
drinking more than they did formerly. He had more customers now. He was
certain that if his house was closed his customers would not go thirsty.
(Laughter)
The Bench decided to refer the licence to the East Kent Committee.
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Folkestone Express 15 June 1907.
Inquest.
The circumstances surrounding the death of Charles Foster, a Rye
fisherman, will always remain to a certain extent a mystery. Early on
Friday morning he was found severely injured on the railway line leading
from the Junction to the Harbour Stations, almost immediately below the
Radnor Bridge. His injuries, however, were plainly not the result of a
railway accident, and there was hardly any doubt that they were caused
by a fall from a good height. He was taken to the Victoria Hospital,
where he succumbed several hours after without becoming conscious. The
inquest was held on Saturday afternoon at the Town Hall, the Borough
Coroner (Mr. G.W. Haines) conducting the enquiry, but nothing of a
definite nature came to light as to how the unfortunate man came to fall
off the bridge.
John Henry Baker, mate of the fishing boat No. 48, registered at Rye,
said he identified the body as that of Charles Foster, who resided at
Church Square, Rye, and who was master of the fishing lugger, the
Florence, No. 48, registered at Rye. On Thursday evening the boat was
lying in Folkestone Harbour. He saw the deceased, who was 27 years of
age, at seven o'clock, when they went aboard after they had been
shopping. He left the deceased on board at eight o'clock, and the
deceased said he was going ashore. Foster told him to have steam ready
by eleven o'clock. When he left the deceased he was sober, but he had
had a glass or two.
Mr. Blake, solicitor, said he represented Mr. Kingsford Read, the owner
of the smack, and he would like to ask the witness whether the deceased
had any reason to go up to the bridge in the course of his work.
The Coroner: I do not think you need trouble with that question at this
enquiry.
Mr. Blake: Very well.
George Knight, of 26, Greenfield Road, said he was an engine driver in
the employ of the S.E. and C.R. Company. On Friday morning, about four
o'clock, he was driving his engine, with a bank brake attached, from the
Junction to the Harbour, and just before coming to Radnor Bridge he
noticed something fifty yards in front of his engine on the Harbour side
of the crossing, lying about two feet from the outside rail. When he got
closer to it he saw it was the body of a man. The body was quite clear
of the rails, and he ran past it. They then applied the brakes and got
down. On going to the man, he found he was alive, but unconscious. His
mate went for a police constable, and he returned with P.C. Lawrence.
The body was never touched from the first time he saw it.
P.C. Lawrence said on Friday morning, about half past four, from
information received, he went to the Tram Road, and the last witness
pointed out to him the body of a man, who was lying about two feet clear
of the down rails. The body was about three feet on the Harbour side of
the bridge. The man was unconscious, lying on his stomach, and bleeding
from the nose and ears. He at once went for Dr. Gilbert and sent for the
stretcher. Dr. Gilbert came immediately, and under his directions he
removed the body to the hospital. When the doctor arrived they had got
the man on the stretcher. The sleeper was marked with blood just where
the man's head was resting.
P.S. Osborne said on Friday morning, just after six o'clock, he went to
Radnor Bridge and examined it. On the Harbour side of the bridge at the
end nearest the East Cliff, there were some marks on the outside of the
bridge, as if someone had climbed over. The marks appeared to have been
caused by the toe, the moss being scraped from the wall, and on a ledge
about four or five feet down there was the impression of a foot in grit.
The ledge was about 10 inches wide. The grit appeared to be the same as
that in the roadway. There had been a lot of rain during the night. The
marks were almost perpendicular with the place where the man was found.
On one of the chains of the rails he found a piece of hair.
Dr. Thornton Gilbert said on Friday morning, at twenty past four, he was
called by the police to the crossing, and on his arrival he found they
had got the body on the ambulance. He examined the body, which was that
of an unconscious man. He found an abrasion on the face, a cut over the
right eye, and blood oozing from the nose and ear. The jaw was broken in
three places, and the right thigh was also broken. Having dressed the
wound on the face, he ordered the man's removal to the hospital. He saw
the man again in the hospital and he was dying. The injuries were such
as would be caused by a fall from a height. He should not think there
were any marks which could have been caused in a brawl. The distance
from the arch of the bridge to the ground was 28 feet. The man, who
smelt slightly of alcohol, but not much, might have been near the rails
half an hour, the blood on his face having commenced to coagulate. It
was very difficult to give an accurate idea of how long he had been
lying on the railway.
Dr. Cecil Hadley, the house surgeon at the Victoria Hospital, said on
Friday morning, at five o'clock, the deceased was brought into the
Hospital suffering from a fracture of the right thigh, fracture of the
jaw, and fracture of the base of the skull. Deceased died at one o'clock
in the afternoon from the fracture of the base of the skull. The
injuries were such as would be received from a fall of 28 feet. They
were not of such a character as would have been received in a brawl.
John Allen, 3, Kenley Bridge Road, Lower Sydenham, said he was a
bricklayer. On Thursday evening last he was going across the Radnor
Bridge, about 11.30, from Dover Road, and saw a man on it nearest the
Warren end. The man, who appeared to be a fisherman, was leaning over
the bridge, looking down on the rails below. When he passed the man he
said to him “It is time you were aboard”, and he replied “I will ----
well go when I like”. Witness then passed on. He could not tell from the
man's voice whether he was drunk or sober.
Mrs. Bertha Fagg, who offered to give evidence, said she lived at 5,
Fenchurch Street. She was a widow. She knew the deceased as “Shamrock”,
a name by which he was generally known. On Friday night, about nine
o'clock, she left off work and went into the Queen's Head, where she saw
the deceased and several other fishermen with other women. They all came
out of there and went into the North Foreland (sic), where they had
another drink. She then went with the deceased, in company with other
men and women, to the Clarence Inn, where they remained until eleven
o'clock. She left the deceased at five minutes past eleven, at the
bottom of Dover Road, near St. Michael's Church. She asked him to go
along with her, and then go aboard his boat, but he refused to do so.
When he left her he had about a quartern of rum in a bottle with him.
Deceased was not sober, and was the worse for drink. She had had no more
drink than the other women.
The Coroner, in summing up, said there was nothing to show that the
injuries were received in a brawl or from any instrument.
Mr. Hopper, the station-master at the Harbour Station, in reply to the
Coroner, said two trains came from the Junction Station during the night
– one at 12.35 and the other at 2.08. He had had no report from the
drivers as to having seen or struck anyone, and there were no marks on
the engines when they were examined the same morning.
The jury held that death was caused by the fall from the bridge, but
there was no evidence to show how the deceased got there.
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Folkestone Daily News 12 July 1907.
Local News.
Our readers will remember that at the recent Folkestone Licensing
Sessions the Justices decided to refer the licences of the Channel Inn,
High Street, the Queen's Head, Beach Street, the Railway Inn, Beach
Street, and the Perseverance, Dover Street, to the County Licensing
Authority. At a meeting of this body on Thursday the question came up
for consideration, and eventually it was decided to withdraw the
licences of the Channel Inn, the Perseverance, and the Queen's Head. The
licence of the Railway Inn was renewed. Compensation will, of course, be
granted to the owners and tenants of the closed houses.
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Folkestone Express 13 July 1907.
Local News.
At the Folkestone Licensing Sessions the Justices decided to refer four
licences to the County Licensing Authority with a view to the houses
being closed and compensation given.
The Committee held a meeting on Thursday, and decided to withdraw the
licences from the Channel Inn, High Street; the Queen's Head, Beach
Street; and the Perseverance, Dover Street. The fourth licence, that of
the Railway Inn, Beach Street, was renewed. The owners and tenants of
the others will be compensated.
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Folkestone Herald 13 July 1907.
Local News.
Lord Harris presided at the principal meeting of the East Kent
Compensation Authority at Canterbury on Thursday.
The Committee had referred to them twenty four houses, including four
from Folkestone, viz., the Channel, High Street; the Railway Inn, Beach
Street; the Perseverance, Dover Street; and the Queen's Head, Beach
Street.
The Queen's Head.
Mr. Matthew was for the Justices, and Mr. W. Clarke Hall (instructed by
Mr. F. Hall) for the brewers (Messrs. Nalder and Collyer). Mr. De Wet
appeared for the tenant (Mr. W.T. Tame).
Chief Constable Reeve stated that this house was in the same street as
the Railway Inn. There was another licensed house next door to it of
higher rateable value. On three or four different occasions the owners
of this house had offered to resign it if the Magistrates would grant
them a licence in another part of Folkestone.
In reply to Mr. Hall, witness admitted the present tenant had been in
the house 18 years. There were no convictions against him. He did not
know he paid £300 to go in.
Mr. De Wet examined the witness at some length on the point of
differentiation, and put in a series of photographs and plans to prove
his point.
The tenant said he had lived in the house 18 years, and had brought up a
family there. During the last three years he had done a barrelage of
624. His spirit trade had also greatly improved.
Mr. Bromley, architect, and Mr. Andrew Kennedy, of 3, Harbour Street, a
fishmonger, who had used the house for 29 years, gave evidence in
support of the renewal.
The Decision.
The Committee decided to renew the Railway Inn, but to refuse those of
the Channel, Perseverance, and Queen's Head.
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Folkestone Daily News 17 August 1907.
Saturday, August 17th: Before The Mayor, Messrs. Boyd and Ames.
Henry Jones was charged with assaulting Mercy Simpson.
Prosecutrix said she lived in Mill Bay, and on Bank Holiday defendant
came to her at the Queen's Head and struck her. He then dragged her to
the ground by her hair.
Ellen Simpson said she was with the prosecutrix on the day in question
at the Queen's Head, and saw the defendant put his knee into Mrs.
Simpson's back.
For the defence, defendant said it was all lies. He did not touch the
woman. He asked for an adjournment for a week so that he might bring
witnesses to prove what he said.
He was fined 10s. and 10s. costs, or 14 days' hard labour.
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Folkestone Express 24 August 1907.
Saturday, August 17th: Before The Mayor, T. Ames and G. Boyd Esqs.
Henry Jones was summoned for assaulting Mercy Simpson. He pleaded Not
Guilty.
The parties were of the “'Arry and 'Arriett” type, and the evidence was
very amusing.
The complainant narrated how on August Bank Holiday night she and her
husband, who live at 14, Mill Bay, went to the Queen's Head to have a
glass of stout. Defendant, with some women, was there. Witness saw
something was “working”, and advised her husband to get out. As they
left the bar, witness's husband, who was leading his father-in-law, who
was blind, was set upon, while defendant caught hold of the complainant
by the hair and tore her down to the ground. “I have been under the
doctor for four days” said Mercy, very impressively, “and I have lived
on soda and milk”.
Ellen Simpson said she saw defendant put his knee in complainant's back.
Defendant denied the assault, but the Magistrates were of opinion that
the case had been fully proved and fined him 10s. and 10s. costs.
In default of payment, he was taken below to do fourteen days' hard
labour.
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Folkestone Herald 24 August 1907.
Saturday, August 17th: Before The Mayor, Councillor G. Boyd, and Mr. T.
Ames.
Henry Jones was summoned for assaulting Mercy Simpson.
Mercy Simpson, of 14, Mill Bay, stated that she was the wife of Arthur
Simpson, a dealer. On Bank Holiday she was at the Queen's Head.
Defendant, when she went out, threw her to the ground, and put his knee
into her back. He pulled her down by the hair. She was under the doctor
for four days afterwards, owing to her back being injured.
Ellen Simpson corroborated the last witness's evidence. She saw the
accused put his knee into Mrs. Simpson's back, and pull her down by the
hair.
Defendant stated that what the witnesses had said was “nothing at all
but lies”. He wanted the case adjourned for a week, so that he might be
able to bring his witnesses at the end of that time. He had never
touched the woman.
The Chief Constable said that the defendant had had the summons since
the previous Wednesday.
Defendant: I was not at home at that time.
The Mayor said the Bench considered the defendant had committed a gross
assault on the poor woman, and a fine of 10s. and 10s. costs, or 14
days' hard labour, would be imposed.
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Folkestone Herald 2 May 1908.
Advertisement.
W.T. Tame has now opened the Queen's Head, at Beach Street, Folkestone,
as Dining, Tea and Coffee Rooms. Close to Sea, Harbour, and Fishmarket.
Early morning house. Dinners, Teas, Chops, Steaks, etc., at moderate
charges. Accommodation for Cyclists. Mr. Tame would be pleased to see
any old friends at any time.
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LICENSEE LIST
HUGHES Edward 1855+
MAYHEAD Thomas 1861+ (age 29 in 1861)
BAILEY Richard 1861-62
HALL Daniel 1862-69
Renamed "Oxford Tavern."
STONHAM
Henry 1871
HALL
Daniel 1871-74
YOUNG
George 1874
MASTERS/MARSHALL
Thomas 1874-76
POPE
John 1876
BURGESS
George 1876-77
JORDAN
James 1877-79
BARRINGER Charles 1879-87
TAME William 1887-1907 (age 37 in 1891)
TAME Walter 1891-1903
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 Folkestone Chronicle
From the Folkestone Observer
Census
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