From the Deal, Walmer, and Sandwich Mercury,
4 January, 1873.
PUBLIC HOUSE OFFENCES
F. J. T. Caspell, landlord of the "Waterman's Arms," public-house,
Beach Street, was summonsed upon the information of the Supt. of Police,
for unlawfully having his house open before the hour of half-past twelve
on the morning of Sunday the 22nd of December, and Henry Thompson, H. J.
Upton, and E. Erridge, were also summoned for being in the said house at
a quarter to one on the morning in question. Caspell pleaded not guilty,
and the other defendants said they were guilty of being in the house,
but not for intoxicating drink.
The Mayor said he should take no part in this case,
P.C. Carvey deposed: On the 22nd of last month, between twelve and
one o'clock, I was on duty in Beach Street. I saw a light at the
"Waterman's Arms," and went to the front door and heard someone talking
inside. I knocked and Mrs. Caspell let me in. I said it is quite time
your house was closed Mrs. Caspell, "Yes," she said, "and it is quite
time you closed other houses." I said no more to her, but walked through
into the tap-room. I saw four men, two I knew and two I did not. They
were in the act of getting up from their seats. There were several
glasses on the table but no beer. I asked the two I did not know for
their names, but they refused to give them to me. Mr. Caspell then came
out of a little front room next the bar, and the men then asked me if I
would allow them to have another glass of beer, and I told them I could
not allow them. Mr. Caspell asked me to have a glass of beer, I declined
that. I found I was in a bit of a fix and went for the Supt. I knew the
two men Erridge and Thompson. Before I went for the Supt., the two men,
one of whom I did not know, the other being the defendant Upton, pulled
out money to pay Mrs. Caspell for their night's lodgings, I think they
paid a shilling. After the Supt. had been I was kept on duty, and about
2.30 the same morning I saw Upton by the bathing machines, and Erridge
and Thompson in Middle Street. The men I did not know, as well as the
other defendants, all live in Deal.
Cross-examined by Caspell: I believe the door was locked. You did ask
me to have a glass of beer. I stand to the truth - you did ask me to
have a glass of beer. You asked me twice or three times.
Upton said he had a few words with his sister, and went to Caspell's
to ask if he could have a bed there, and he was told he could.
Cross-examined by Erridge: Upton asked me for permission to have
another glass of beer.
Supt. Parker: Early on the morning of December 22nd Carvey reported
the house as described, and I went up there about one or a little after.
Upton, Erridge, and Thompson, and Erridge's wife were there. I said to
Caspell, "Do you know you are doing wrong?" he said, "No, I am not;
Erridge is my nephew, and the other two are lodgers." I said "Very well,
you will hear from me again." I set Carvey on the beat, and told him if
he saw the men come out he was to report it, and he did so.
This being the whole of the evidence against the defendants, Mr.
Mercer informed the defendant Caspell that the law allowed him, if he
chose, to give evidence on oath in his own behalf, but Caspell said he
did not care whether he was sworn or not. Ultimately, however, he took
the oath, and then deposed: On Saturday afternoon, Dec. 21, Erridge's
wife and child came up to tea and supper, and Erridge himself joined
them in the evening, and about 11 o'clock Thompson came with the key for
Erridge - Thompson and Erridge living in the same house with the
former's mother, who had sent him with the key as she was going to bed.
The door was fastened when Thompson came and said he only wanted to give
in the key, but as we had just then sat down to supper I said to him,
"Come in and have a mouthful," and he did so. After we had done supper I
told my wife to clear away, and as the room is rather small I sent the
party into the tap-room. In the meantime the two Upton's, the defendant
and another man came, and Upton said, "I have had a word or two with
Fanny;" (his sister) "can I sleep here?" I said, "To be sure," as I had
got beds to let; and Carvey came just as they were in the passage going
to bed. We never had anything to drink from 11 o'clock till we went to
bed. I think it is a very hard thing if I can't have a few of my
relations to see me. The man Upton who is not here, went to be about
half-past 12, and the one who is here about one o'clock. The wind blew
and I called the defendant up, and before two o'clock he and I were up
on the beach. My boats go off opposite where Mr. Hall used to live. We
did not go off that morning, but we were up till four o'clock, and after
that Upton laid down in the boat-house. I did not call the other Upton,
because, although he is very well of a day-time. you are troubled to get
him along at night. I am certain Upton went up-stairs to his bedroom,
but whether he chucked himself on the bed or not I do not know. Upton
had not been in the house many minutes before he paid the money for his
bed. I have kept this house for nine years, and have never had the
slightest flaw against me. There's not a house in the town of Deal that
shuts up earlier than we do, for we close pretty nearly every night at
ten o'clock.
In answer to Supt. Parker, Caspell said the two Upton's are not
relations nor do they live together, and only one said he had quarrelled
with his sister.
Thompson in his own defence corroborated the statement as to his
taking the key to Mrs. Caspell's for his sister, and as to his being
invited to partake of some supper.
The Magistrates having consulted, Mr. Iggulden, as the senior
Magistrate, said the Bench wished to take as lenient a view as they
possibly could of these cases, but it did appear that Upton, who was no
relation of the landlord's, had no business in the house at the hour he
was found there. The fact that he paid the money for the bed in the
presence of the policeman led them to believe that he would not have
paid any money if the constable had not entered the house. They did not
wish to record a conviction against the landlord, however, as it would
have to be endorsed on the back of his license, and if Caspell would pay
7s. costs, and Upton 5s., there would be an end of the case. The other
two defendants were relations, and there was therefore no case against
them.
The money was paid.
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From the Deal, Walmer, and Sandwich Mercury,
10 April, 1874. 1d.
DISORDERLY CONDUCT
Mrs. Edridne, who is not altogether unknown at this Court, was
brought up in custody, charged with being drunk and disorderly in the
public streets.
P.S. Philpott said: At about a quarter-past ten last night Mr.
Campbell, landlord of the "Waterman's Arms," sent to the police station
for assistance, as the defendant was creating a disturbance. I
went and saw defendant standing up against the "Rose
and Crown Inn." There was a crowd round her, and she was making a
great noise and using very improper language. I went and told her that
if she did not go away quietly I should lock her up. She continued
making use of obscene expressions, and I then took her into custody. She
was intoxicated at the time.
The defendant said she was very sorry, and asked to be allowed to
tell "the whole story of it." On obtaining the desired authority for
continuing, Mrs. Erridge said she was in great trouble about her
daughter, who, she said, was associating with soldiers. She and two
others had had a pint of beer between them and she had been greatly
provoked by her brother. She very much regretted having made use of the
expressions complained of and hoped the magistrates would look over it
this time.
Fined 5s. including costs.
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