From the Deal, Walmer, and Sandwich Mercury,
23 November, 1872. 1d.
PUBLIC HOUSE CASE
Daniel Kircaldie, landlord of the "Roxburgh Castle," public-house,
Broad Street, was summonsed for having his house open, for the sale of
intoxicating liquor during prohibited hours on Sunday last, viz.,
between eight and nine o'clock in the morning; and George Belsey Epsley,
and Thomas Newing, were summoned for being in the above house at the
Mr. Kircaldie said the house was open at the time, but it was opened
by one of his little children. Mr. Epsley was in the habit of coming to
his house to fetch his milk, and he (Mr. Kircaldie) came downstairs just
as he put his foot in the door. The boy said neither of the men asked
for any beer, but he thought they wanted some and began to draw it.
Neither of the men, however, had any, and as soon as he saw the boy was
going to draw it he stopped him.
Both other defendants pleaded "Not Guilty."
P.C. Carvey deposed: Last Sunday morning I was on duty in Broad
Street a little past eight o'clock. I saw the defendant Epsley and
Newing come from Middle Street, cross Broad Street, and go into the
"Roxburgh Castle" public-house. I followed them in, the door being
partly open, and on getting inside I saw Epsley and Newing standing in
the middle of the living room. The landlord, who was only partly
dressed, was also there and standing in the front of the fire-place. A
boy of about nine or ten years of age was in the act of drawing some
beer out of a barrel. I said to the landlord "This is pretty fine
going's on." and Newing immediately made off. The landlord said "I can't
help it, as I have only just come downstairs." Epsley said he had come
for his milk. I did not see any milk there. I asked the landlord if he
had any more persons in his house, and he said, "No." I asked the boy,
"You were drawing that beer for these men," to which he made no reply. I
told the landlord I should report the house and I have since done so.
Epsley: We did not come out of Middle Street at all. We came out of
the passage by Mrs. Baker's house and crossed over the road.
Carvey: They might have come from the alley near Mr's Baker's, and
not from Middle Street, but I will swear I saw them opposite Mr. Cairn's
door. They might have walked up Broad Street before I saw them, and then
crossed over. I will swear Kircaldie was in the room with his back to
the fire-place when I went in.
Epsley: Then you will swear anything. I never heard a man tell such
falsehoods in my life.
Daniel Kircaldie was next sworn. He said: I am landlord of the
"Roxburgh Castle," public-house. On Sunday morning when I came
downstairs about five minutes past eight, I saw Newing standing in the
passage and Epsley just inside the door side of the cask - just inside
the room where the cask of beer is. I walked round the back of Newing
and closed the front door and made one step from the mat into the room
where Epsley was, and I told the boy to leave off drawing beer - he was
stooping down to draw some, and by the time the policeman was close by
me. Epsley or one of his family comes down every morning for his milk
which is left for him at my house by the Mongeham dairyman. Newing went
away, but Epsley stood fast. Newing, I believe, came into my house with
Epsley out of the rain.
In defence Epsley said he merely went into the house as usual, to get
his milk, but it had been fetched away by one of his children. The door
was locked, and he had to knock to gain admittance.
Newing and Epsley asked him to go up in the field with him to look
after some sheep, but before they went Epsley went into the house to get
his milk, and he went in too, as it was raining fast.
The Magistrates considered to dismiss the case upon Kircaldie paying
5s., and the other two defendants 2s. 6d. each.
From the Deal, Walmer, and Sandwich Mercury, 4 January,
Mr. Kirkaldie, landlord of the "Roxborough Castle," beer-house, Broad
Street, applied for permission to keep open beyond the usual hour on the
8th inst., on which evening the annual meeting of the Deal boatmen's
club is to be held at this house.
Mr. Mercer, the Magistrates' Clerk, said it was a question whether
the Bench had power to grant an extension of time to beer-shop keepers,
and requested that the matter might stand over.