Folkestone
Express 13-9-1930
Elham Petty Sessions
Thursday, September 11th: Before Sir Henry
Dering and other Magistrates.
Charles Abbott (34), of 12, High Street, Cheriton, was
summoned for using obscene language, and he pleaded Guilty.
P.C. Hurst said that on the 30th August he
saw the defendant standing near the White Lion Hotel, Cheriton, arguing with
two other persons. Mr. Moss, the licensee, who was in an upstairs window, spoke
to him about the language he was using, but he remained in the same place. He
(witness) told him to move on, and he walked about five feet away from him and
again commenced to use obscene language. He went up to him and told him he would
report him, and he replied “I am deaf. I did not hear anybody tell me to move
on. I was telling the boys what to do when at work”. He produced a written
example of the language used by the defendant.
Defendant, after reading the statement, said it was
quite right. He had nothing to say. It was just a heated argument.
Superintendent F.H. Golding said that there were three
previous convictions against the defendant at the Folkestone Borough Police
Court. On 18th August, 1919, he was fined 5s. for being drunk and
disorderly. On 19th December, 1926, he was fined £2 for a similar
offence. On the 29th August he was fined for common assault. He was
a single man, was a labourer, but was at present out of work.
In reply to the Chairman, defendant said he was getting
17s. 6d. a week from the dole.
The Chairman said he would be fined £1, and would have
a month in which to pay.
Folkestone
Herald 13-9-1930
Local News
Charles Abbott, of 121 High Street, Cheriton, described
as a labourer, was fined £1 and costs at the Elham Petty Sessions on Thursday
for using obscene language at Cheriton. He pleaded Guilty.
P.C. Hirst said that at 11.45 a.m. on August 30th
he saw defendant near the White Lion Hotel, at Cheriton, in conversation with
some other persons. Mr. Moss, the licensee of the hotel, who was in the hotel
with his wife and daughter, told Abbott about the obscene language he was
using, and asked him to move on. Witness also asked defendant to move on, and
he (Abbott) moved about five feet away when he started using more obscene
language. When witness spoke to him again he said he was deaf and had not heard
anyone tell him to move on.
Superintendent Golding said defendant had been fined in
1919 and 1926 at Folkestone Police Court for being drunk and disorderly, and
again in 1926 he was fined 10s. for common assault. He was a single man, and
was at present out of work, drawing 17s. 6d. a week unemployment pay.
Folkestone Express
30-7-1938
Local News
The Folkestone Magistrates on Tuesday granted a protection
order in respect of the licence of the White Lion at Cheriton, from Mr. P. Moss
to Mr. Herbert Joseph Samway, formerly licensee of the Fleur de Lis, Sandgate,
for eight years. Mr. Moss had been at the White Lion for nine years.
Folkestone Express
14-1-1939
Local News
The licensee of the White Lion Hotel, Cheriton,
Herbert Joseph Samway, the secretary of the dart club, James Betts, of 3,
Cobden Road, Cheriton, and his brother, Albert Edward Betts, of 7, Cobden Road,
Cheriton, appeared at Folkestone Petty Sessions on Tuesday to answer summonses
relating to raffles held at the hotel in December.
Samway, who was summoned for permitting the
premises to be used for purposes connected with the promotion of a lottery, was
ordered to pay £5 7/- costs and the summons was dismissed.
Eight summonses against James Betts alleging that
he sold certain tickets and used the White Lion Hotel for purposes in
connection with a lottery, were dismissed on payment of £2 13/- costs.
One summons against Albert Edward Betts for having
in his possession tickets for the purposes of sale in the lottery, was
dismissed.
The magistrates were Mr. L.G.A. Collins, Alderman
J.W. Stainer and Eng.-Rear-Admiral L.J. Stephens.
Mr. B. H. Bonniface prosecuted on behalf of the
Police, Mr. Rutley Mowll appeared for Samway and Mr. H.G. Wheeler for the Betts
brothers.
Mr. Mowll and Mr. Wheeler objected to all the
summonses being heard together, Mr. Mowll suggesting that the case against his
client should be heard first. It was decided that two summonses against James Betts on December 19th
should be taken first, and a plea of “Not Guilty” was entered by Mr. Wheeler on
behalf of his client.
Mr. Bonniface said the defendant was charged under
Section 22 of the Betting and Lotteries Act, 1934, with selling chances in a
lottery and also using certain premises. The Act of 1934 declared by Section
21, subject to the provision of the Act, all lotteries were unlawful. Among the
offences under Section 22 was “Whosoever shall sell or have in his possession
for the purpose of sale or distribution any ticket or chance in a lottery
shall be guilty of an offence”. Continuing, Mr. Bonniface said Sections 23 and 24
dealt with certain private lotteries, namely, the small lottery incidental to
certain entertainments and the exemption of private lotteries, run in
connection with any particular society, it might be a dart club. He mentioned
it because he did not suggest, should there be any question of a dart club
Christmas Draw being held, that there was any offence committed. The
dart club draw which was being run there was technically illegal.
Observation, he said, had been kept on the premises
for several days, and on the night of December 19th P.C. Walsh went
into the White Lion Hotel, and he there saw a man he knew as “Jim”, who had a
number of cloakroom tickets and was raffling a number of articles in the public
bar. Among the things he raffled at twopence a time were cigarettes, chocolates
and a number of other things. The officer having seen the raffles take place
and a warrant having been issued to enter the premises, he came out and
telephoned the police station and Chief Inspector Hollands and Inspector
Heastie went to the premises, and they would hear that in “Jim`s” (James Betts)
hat was found a number of tickets crumpled up and ready to be drawn out of the
hat.
P.C. Walsh said he went to the White Lion at about
7.30 p.m. on December 19th. He was wearing plain clothes. There were
about 25 men in the public bar when he arrived. A man he knew as “Jim” (James
Betts) was present and he took a book of cloakroom tickets from his pocket. He
tore several tickets from the book and spread them on the table, saving
“Tuppence a ticket, two prizes”, and held up two 25 boxes of cigarettes. Witness said he bought a ticket from
the defendant. The counterfoils were screwed up and placed in a cap. “Jim” held
the cap and different people picked out the tickets. The prizes were given to
the people who held the tickets corresponding to the first two tickets drawn
out of the hat. Witness left the hotel and telephoned to the police station and
afterwards returned to the hotel. When he got back he saw several people round
the tables and several tickets on the table. The same procedure was adopted and
cigarettes were offered as prizes. Witness bought another of the tickets. When
Chief Inspector Hollands arrived there was a draw for a small carton of cigars
in process, for which he (witness) had a ticket.
Mr. Wheeler: Do you know there is a dart club in
connection with the White Lion Hotel?
Witness: I believe so.
Do you know whether the lottery in which you took
part had any connection with the dart club? – No.
You did not enquire whether it was or not? – No.
Did anyone invite you to buy a ticket? – Not on
this occasion.
What did you do? – I stopped at a table and placed
my money on a ticket.
Do you happen to know whether or not the other
people in the bar were members of the dart club? – I do not know.
Did anyone invite you to purchase a ticket? – No.
Did you know at the time you purchased it you were
unwittingly contributing to the funds of the dart club? – No.
Mr. Bonniface: Are you a member of the dart club?
Witness: No.
Inspector Heastie said he
accompanied Chief Inspector Hollands to the White Lion. He went into the public
bar, where there were about 35 people present. A number of people were
standing round a table on which there were a number of cloakroom tickets, of
which he took possession. There were some screwed up tickets in a cap on the
corner of the table. He took possession of the tickets and the cap was claimed
by Betts. There was nothing on the tickets to show that they were being used
for a dart club draw.
Chief Inspector Hollands
said when he entered the premises under a warrant on December 19th
there was a crowd of men standing round a table. There were about 35 people.
P.C. Walsh pointed out the defendant to him and he said “Are you the man called
‘Jim’?” and the defendant replied “Yes”. Witness told the
defendant that he would be reported for selling the tickets and using the
premises for the sale of the tickets. Betts replied “Only for the dart club”. He said he
was secretary of the club and handed witness a book saying “Here is my book. I
am secretary of the dart club. They are the names and addresses who have had
tickets”.
Mr. Bonniface said that
completed the case for the prosecution against James Betts on December 19th.
The defendant said he was
secretary of the White Lion Dart Club, which was started in August, 1938, and
had a membership of 150, including 17 women. The subscription was twopence a
week, which he collected. The money was then handed to the
club treasurer, Mrs. Samway.
The defendant also said
there were dart players with money who were members of the club, but they could
not play darts for toffee.
“We have got to have men
who can win us games”, he continued, “and to get these men we have to call upon
men who are out of work and they have to have their expenses paid”. Continuing,
witness said the team had their expenses paid for away matches and the
supporters had half their expenses paid. They took as many as 30 people away
with them for some games. On the evening of December 19th there were
30 to 40 people in the public bar. He saw P.C. Walsh and at the time took him
to be a working lad, but did not invite him to buy a ticket in the raffle. He
did not see him take a ticket at all. On two or three occasions he told people
in the bar that only members of the dart club could purchase tickets. On
December 19th, only members of the club bought tickets.
In reply to Mr. Bonniface,
witness said the majority of the people in the bar were members of the dart
club.
Mr. Bonniface: You had an
official dart club Christmas draw?
Witness: Amongst our
members, yes.
Mr. Wheeler submitted
that the raffle was a private lottery in which persons taking part were members
of the dart club of the White Lion. So far as was humanly possible, his client
took steps to see that only members of the club participated in it. The police
officer bad told them that he was not invited to take part in the draw.
The Chairman said the
magistrates were satisfied that an offence had been committed.
Albert Edward Betts was
then summoned for having in his possession tickets for sale in the lottery.
Inspector Heastie said
when he went to the hotel on December 19th he saw tlie defendant
sitting at the table with a book of tickets in his hand. He also pulled out
eight other tickets from his pocket. Witness told him he would be reported and
he made no reply.
P.C. Walsh said he saw
the defendant in the bar with a book of tickets and tearing the tickets out.
Cross-examined, witness
said he did not see the defendant offer anyone a ticket. He was spreading them
on the table.
Defendant, giving
evidence, said his brother asked him to roll up the counterfoils and place them
in a hat. He did not sell any of the tickets.
James Betts said he asked
his brother to roll up counterfoils, but he did not offer any for sale. He had
no authority to do so.
Mr. Wheeler said the
defendant was merely asked by his brother to fold up some ot the tickets
and place them in a hat. He was not authorised to sell any of the tickets and
did not do so.
The Chairman said the
case against Albert Edward Betts would be dismissed.
The summons against
Herbert Joseph Samway, the licensee, for knowingly permitting the White Lion
Hotel to be used for purposes connected with the promotion of a lottery, was
then heard.
Mr. Rutley Mowll pleaded
not guilty for Samway.
Mr. Bomiiface said the
whole of the public bar could be seen from the server. On one occasion Samway
was asked by Betts to have the last ticket in the book, but before he could get
his money out somebody else put twopence on the ticket and he did not
participate. As serious as the matter would be for the licensee, he would ask
the Magistrates to convict him, after the evidence had been heard.
P.C. Walsh said the
public bar was a fairly large room. From behind the counter the whole of the
room could be seen. After telephoning the Inspector, witness said he went back
to the hotel and saw Samway behind the bar. He was looking towards the table
where “Jim” was standing. The tickets were spread out on the table and a lottery
for cigarettes was taking place. “Jim” said to the landlord “Do you want the
last one?” and the defendant put his hand in his pocket, but a man standing
near by threw twopence on the table and picked up the ticket.
Cross-examined, witness
said there was a slight bend in the servery and the table referred to was right
in front of the bar. The people interested in the raffle were standing between
the bar and the table.
Chief Inspector Hollands
said he saw the defendant and explained to him that he had a warrant. He
replied “The only tickets we have here are those we had printed for the dart
club draw. A book of tickets was given to each member and as far as I know
no-one else had one”.
Witness pointed out to
Samway that “Jim” had been running a lottery in his bar, and he said he knew
nothing about it. He said the dart club wanted to hold a draw so he had some
tickets printed, but with regard to the other draws referred to, he had no
knowledge that they were being held.
In reply to Mr. Mowll,
witness said the White Lion was a busy house.
Mr. Mowll: Is this about the
busiest house in Folkestone?
Chief Inspector Hollands:
I don’t know about that.
From A to Z Mr. Samway
told you lie knew nothing about this? - Yes.
Addressing the
magistrates, Mr. Mowll said it was a very flimsy case against the licensee of
the White Lion. There was only one little incident which was mentioned to show
that Mr. Samway knew what was going on. Mr. Betts asked him if he would
“have one”, whatever that might mean. “I think it is used in
other connections than with lottery tickets”, added Mr. Mowll. The most that
was suggested against Mr. Samway was that he put his hand in his pocket. At
that moment, according to the evidence, somebody else took the ticket. That
seemed to have been the full extent of what was alleged against his client. It
was an anomaly that the laws relating to lotteries were so complicated. It was admitted
that so far as a dart club was concerned there was no reason at all why a
lottery confined to the members of the club should not be perfectly
legal. What those people were doing there on that evening might or might not be
in connection with a dart club. The onus had been on the
prosecution to prove that the licensee
had permitted it. The evidence was that there was a crowd of people there. If there
was a crowd of people interested in what was going on at the table, with their
backs to the servery, it would make it very unlikely that the landlord, even
if he was in the bar, could see exactly what was going on. “My
submission”, continued Mr. Mowll, “is that the case against the land lord is
not strong enough for you to record a conviction against him”.
The Chairman said the
Magistrates found Samway Guilty, but they were not going to register a
conviction against him, but he would have to pay the costs of the prosecution,
amounting to £5 7/-.
Mr. Mowll said the
brewers had a very high opinion of his client and they thought, on the whole,
that he had conducted his house extraordinarily well. He had been asked whether
the Bench would care to give any expression of opinion as to whether the case
should not act adversely to the renewal of the defendant`s licence.
Mr. Bonniface said he was
authorised by the Chief Constable to say so far as the prosecution was concerned,
if it was the opinion of their Worships, that the police were perfectly in
agreement with what Mr. Mowll had said.
The Magistrates` Clerk
said he did not think the Bench could say any more.
The Chief Constable said
he was not intending to oppose the licence.
The magistrates then
heard six summonses against James Betts for selling tickets in a lottery and
using the premises for the purposes of lottery on December 10th, 12th
and 17th.
Mr. Wheeler said having
regard to the findings of the Bench on the summonses relating to December 19th,
he had been instructed to plead Guilty to the remainder of the summonses.
Mr. Bormiface said on
December 10th the case was more flagrant. Raffles were held for a
piece of pork, a crate of beer, two or three lots of chocolate, a case of cider
and cigarettes. Just before “time” two half bottles of whisky were put up and
raffled to anybody who was in the bar. He could produce a number of prizes
which were won by the police officer. One was a casket of cigarettes and he
also won chocolates. Continuing, Mr. Bonniface said exactly the same kind of
thing happened on December 17th. On that occasion there was a joint
of pork, cigarettes, chocolates, sherry, twelve cigarette cases and biscuits.
In fact, a ham which was purchased was never raffled because they did not get
enough to pay for the ham. On one night alone, he said, a police officer spent
8/- in twopenny tickets in raffles which were held in the public house. A rabbit in a
hutch was raffled also, but by a woman who was not before the Court.
The Chairman of the Bench
said the summonses against James Betts would be dismissed on payment of costs,
£2 13/-.
Two summonses against
Charles Knight, of 30, Broomfield Road, Folkestone, for selling tickets in the
lottery were withdrawn.
Folkestone Herald
14-1-1939
Local News
Raffles promoted by the Secretary of a darts club at the
White Lion Hotel, Cheriton, were the subject of a number of summonses for
alleged breaches of the Betting and Lotteries Act, 1934, at the Folkestone
Petty Sessions on Tuesday.
A police officer described how he visited the
public bar find while keeping observation took part in a number of raffles. It
was stated by the prosecuting solicitor that the officer wan a number of
prices.
For the landlord of the White Lion Hotel, Herbert
Joseph Samway, who was summoned for permitting his premises to be used for the purpose
of a lottery on the night of December 19th, it was submitted that he had no knowledge of
what was taking place. He was found Guilty, but the summons was dismissed on
payment of costs amounting to £5 7s.
James Betts, of 3, Cobden Road, Cheriton, Secretary
of the White Lion Darts Club, was summoned for selling lottery tickets on
December 10th, 12th, 17th, and 19th,
and there were four similar summonses in respect of the same dates for using
the hotel for the sale of tickets. He was found Guilty, but the summonses were
dismissed under the Probation of Offenders Act on payment of £2 13s. costs. A summons against Albert Edward Betts,
of 7, Cobden Road, Cheriton, a brother of
the other Betts, was dismissed, and a summons against Charles Knight of
Bloomfield Road, Cheriton, was withdrawn.
The summonses were heard by Mr. L.G.A. Collins,
Engineer Real Admiral L.J. Stephens and Alderman J.W. Stainer. Mr. Rutley Mowll
appeared for Mr. Samway, and the Betts brothers wer represented by Mr. H.G.
Wheeler. Mr. B.H. Bonniface prosecuted for the police.
Mr. Mowll submitted that the case against his
client (Mr. Samway) should be heard first, and after consideration, the
Chairman announced that they would first hear all summonses relating to
December 19th.
Two summonses against James Betts, of 3, Cobden
Road, Cheriton, in respect of December 19th were then heard. He
pleaded Not Guilty to selling lottery tickets, and also to a further summons for
using the White Lion Hotel in connection with a lottery.
Opening the case, Mr. Bonniface said Betts was
charged under the Betting and Lotteries Act, 1934, with selling chances in a
lottery, and also with using the White Lion Hotel for the purposes of the lottery.
Under Section 21 all lotteries for the provisions of the Act were unlawful, and offences
included selling tickets and having tickets in one`s possession. Sections 22 to
24, however, dealt with certain private lotteries, lotteries which were run in
connection with a particular society or a club, like a darts club for instance,
which could be held under certain conditions.
P.C. Walsh said on December 19th he
entered the White Lion Hotel about 7.30 p.m. He was in plain clothes, and in
the public bar he saw about 25 men present. A man he knew as “Jim” (the
defendant) was in the bar. Witness saw him take a book of cloakroom tickets
from his pocket, and after tearing out several tickets, he spread them on the
table. He than said “Twopence a ticket, two prizes”. He held up two boxes of 25 cigarettes each.
Witness bought a ticket from defendant for the draw. After the tickets had
been sold the counterfoils were crumpled up and put in a cap, from which they
were drawn. The first two tickets taken from the cap were the winners and
persons holding the corresponding numbers were handed cigarettes bv defendant.
Witness left the premises and telephoned to the police station, afterwards
returning to the hotel. On his return he saw several people round a table and a
number of tickets. The same procedure was followed by defendant, and witness
bought another ticket. When Inspector Hollands arrived a draw for a small
carton of cigars, for which witness had a ticket, was proceeding.
Questioned by Mr. Wheeler, witness said he believed
there was a Darts Club at the White Lion. He did not know whether the lottery
in which he took part was in connection with the Darts Club. He threw his money
down on the table and took a ticket.
Mr Wheeler: Do you know whether those present were
members of the Darts Club?
Witness: No.
Did anyone invite you to purchase a ticket? - No.
Did you know you were contributing for the benefit
of the Darts Club? - No.
Mr. Bonniface (to witness): Were you a member of
the Darts Club? - No.
Inspector Heastie said he accompanied Inspector
Hollands to the White Lion Hotel on the night of December 19th and
when they arrived there were about 35 persons in the public bar. Witness went to a table on which were a number of cloakroom
tickets, and he took possession of
them. In a cap on the corner of
the table were a number of screwed up tickets; he also took possession of them. The cap was claimed by
defendant Betts. There was nothing on the tickets to show they were being used
for a Darts Club draw.
Chief Inspector W. Hollands said he entered
the premises on the night of December 19th with a warrant. He saw a
crowd of men standing round a table; four were playing cards. There were two
men behind the bar. Standing close to the table were Betts and P.C. Walsh, who pointed
defendant out to him. Witness said to him “Are you the man called 'Jim`?” and
he replied “Yes". He obtained defendant's name and address and told him he would report
him for selling tickets and using the premises. He replied “Only for the Darts
Club”, adding “Here`s my book. I am Secretary of the Darts Club. There are the
names of the members who have had tickets”.
Defendant, giving evidence, said the Darts Club
started on August 27th. There were 150 members, including 70 women.
The subscription was twopence a week, which he collected. He handed the
subscriptions to the Club’s Treasurer, Mrs. Samway. Defendant explained that
they tried to get the best team possible for away matches, but some of the best
players were out of work. They could get dart players who had money, but they
“could not play for toffee”. A team consisted of 14 players with four reserves.
Their expenses were paid, and supporters of the team going away with the
players received half their expenses. The raffles were to help pay the
expenses. He occasionally ran raffles for the Darts Club. Only members were invited
to purchase tickets, and he took every precaution to see that only members had
ticket. On this evening there were 30 to 40 in the bar and nearly all who were
round him were members of the Darts Club. He saw P.C. Walsh and took him to be
a working man. He did not invite the officer to buy a ticket and he
did not see him take a ticket. He said on several occasions “Only tickets for
members of the Darts Club". He had no opportunity of stopping P.C. Walsh
buying a ticket.
Mr. Bonniface: How many in the bar were not members
of the Darts Club?
Defendant: The majority were.
How many were not? - I cannot say.
When did you say “Only members”? – On two or three
occasions.
Mr. Bonniface: You had had an official Darts Club
draw over there?
Betts: Yes.
Mr. Wheeler submitted that the raffle which was held on this occasion was
what was referred to in the Act as a private lottery, and the persons taking
part in it or taking tickets were members of the Club. As far as was humanly possible
defendant took steps to see that only members of the Club took part. The police
officer had told them that he was not invited to buy a ticket.
The Magistrates decided that an offence had been
committed.
The next, case was one in which Albert Edward Betts
was summoned for having in his possession certain tickets for the purpose of
sale in a lottery. He pleaded Not Guilty.
Inspector Heastie said when he entered the public
bar of the White Lion Hotel on December 19th he saw defendant seated
at a table. In His hind he had part of a book of tickets. He asked defendant if he had any more
tickets on him and from his pocket he pulled out eight tickets.
Witness told him that he would be reported for
having in his possession lottery tickets and for selling them. He made no reply.
P.C. Walsh said defendant was in the company of the
other Belts while witness was in the bar, and he had tickets similar to these
produced.
Cross-examined, witness said he did not see
defendant offer any tickets for sale.
Mr. Wheeler: What was he doing with the tickets?
Witness: Tearing them out of the book and putting
them on the table.
Defendant told the Magistrates, in evidence, that
he was rolling up the tickets for the draw. He offered no tickets for sale.
James Betts said he asked his brother to roll up
the counterfoils. He had no authority to sell any tickets.
The Magistrates dismissed the case against this
defendant.
Herbert Joseph Samway, the landlord, was then
summoned for, on December 19th, knowingly permitting his premises to
be used in connection with the promotion of a lottery. He pleaded Not Guilty.
Mr. Bonniface said the whole of the bar could
be seen from the server. Not only was Mr. Samway there on a number of occasions, but on one occasion
he was asked by James Betts if he would like a ticket in the draw. Mr. Samway
put his hand to his pocket, but before he could get his money out someone else
took the ticket.
P.C. Walsh said the public bar was a fairly large room. From behind the
counter one could see the whole of the public bar. Before he left to telephone
to the Police Station he had not seen Mr. Samway. When he came back he saw
defendant standing behind the counter of the public bar. He was looking
towards the table where James Betts was standing. The tickets were spread cut
on the table and a lottery for cigarettes was taking place. Betts said to the
landlord "Do you want the last one?" Defendant put his hand in his
pocket, but just then a man standing near the table put twopence on the table
and picked up the ticket. Shortly after Inspector Hollands arrived.
Replying to Mr. Mowll, witness said there was a
slight bend in the counter and in front of that was the table referred to.
People interested in the lottery were standing between the table and the
counter.
Chief Inspector Hollands said after he had entered
the premises on this night he saw defendant and told him that he had a warrant
to search the premises in connection with a lottery. Defendant replied “The
only tickets we have here are those we had printed for the Darts Club draw. A
book of tickets was given to each member and so far as I know no-one else has
had them”.
Witness pointed out that it was stated that Betts
had been running a lottery in the bar, and defendant said "I know nothing
about that”.
Told that he would be reported defendant said “This
is all unbeknown to me. The Darts Club had some tickets printed which I was told were in
order. I told the Club it must be for members only. With regard to the other
draw, I have no knowledge”.
Witness said there were notices in the bar
prohibiting lotteries.
Mr. Mowll: It is a very busy house? - Yes.
Probably the busiest in Folkestone? - I don’t know
about that.
Addressing the Magistrates, Mr. Mowll said it was a
very flimsy case against the licensee. There was only one little incident
mentioned to show wha was going on. That was when James Betts asked the
landlord, according to the evidence, if he would “have one”. He (Mr. Mowll) had
heard that term used in another way than in connection with the buying of
lottery tickets. The most that was suggested against Mr. Samway was that he put
his hand in his pocket and that was not very conclusive evidence. At that
moment someone else took the ticket.
It was a very curious anomaly of the law relating
to lotteries. It was admitted so far as the Darts Club was concerned that a
lottery confined to members of the Club was in order. What these people were
doing on this evening might have been in connection with the Darts Club or it
might not. It was suggested that the landlord knew what was going on, but there
was a crowd of people in the premises, and there was a crowd of people
interested in what was going on at this table. Those people had their backs to
the servery and it did not make it very likely that the landlord, even if he
were in the bar, could have seen what was going on. He submitted the evidence
did not justify them recording a conviction against the defendant, who had been
a licensed victualler for a large number of years.
The Chairman announced that the Magistrates found
defendant Guilty but they would not register a conviction. He would have to pay
the casts of the prosecution, three guineas advocates fee, £2 police costs and
4s. court fee, a total of £5 7s.
Mr. Mowll saicl he was asked by the brewers to
enquire whether the Bench would consider whether their decision meant that
defendant should be asked to leave the house. The brewers had a very high
opinion of Mr. Samway and they thought he had conducted his house extraordinarily
well. He was asked as to whether that case would act adversely against
defendant in regard to the renewal of the licence.
Mr. Bonniface
said he was authorised to say by the Chief Constable that subject to the
opinion of the Bench he would not oppose the renewal.
The Bench felt it could not express any opinion,
but the Clerk (Mr. C. Rootes) said he understood that the Chief Constable had
no intention of opposing the renewal.
Further summonses against James Betts were then considered.
There were six summonses against him alleging that
on December 10th, 12th and 17th he had sold
certain lottery tickets, and that he had used the White Lion Hotel for the
promotion of lotteries.
A summons against Charles Knight, of 30, Broomfield
Road, for selling certain tickets in a lottery on December 12th was
withdrawn.
Mr. Wheeler, for Betts, said having regard to the
findings of the Bench in regard to December 19th he was instructed
to plead guilty to these six summonses.
Mr. Bonniface said the summons in respect of
December 10th showed a rather flagrant and wholesale case. Not only were packets of cigarettes raffled
but also a rabbit and hutch, a crate of beer, two or three prizes of chocolate,
a case of cider and just before time two half-bottles of whisky were raffled
to anyone present in the bar. “I can produce a number of prizes won by the
policy officer”, added Mr. Bonniface, “including a casket of cigarettes and
chocolates". In regard to December 17th articles raffled, continued
Mr. Bonniface, included a joint of pork, cigarettes, chocolates, sherry, cigarette
cases and biscuits. A ham was not raffled because they could not sell enough
tickets. On one night alone the police officer spent 8s. in twopennv tickets.
Mr. Bonniface said he was informed that the rabbit
and hutch were raffled by a woman who was not before the court.
Mr. Wheeler again pointed out that these raffles
were run entirely for the benefit of the Dart Club.
The Magistrates dismissed the summonses against
James Betts under the Probation of Offenders Act on payment of costs amounting
to £2 13s.
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