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Queen`s Head, on right c1905. Credit Folkestone Library
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Queen`s Head c1908. Photo kindly supplied by Martin Easdown |
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Queen`s Head c1908. Credit Peter & Anne Bamford
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Licensees
Thomas Mayhead c1861 c1861 (1861 Census)
Richard Bailey 1861 1862 To
Marquis Of Lorne
Daniel Hall 1862 1869 To
North Foreland. Renamed Oxford Tavern 1869-71
Alexander Stonham 1871 1871
Daniel Hall 1871 1874 From
North Foreland
George Young 1874 1874
Thomas Masters (or Marshall) 1874 1876
John Pope 1876 1876 From Ship
George Burgess 1876 1877 Ex
Bouverie Arms
James Jordan 1877 1879
Charles Barringer 1879 1887
Walter Tame 1887 1907
Folkestone Observer 10-8-1861
Thursday
August 8th:- Before the Mayor, A.M. Leith and James Tolputt Esqs.
Drunk And
Riotous
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.
Folkestone
Chronicle 21-9-1861
Petty Sessions: Monday, September 16th:
Before the Mayor, J. Kelcey and W.F. Browell Esqs.
William and 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 battalion, 9th regiment.
On Saturday afternoon I went to the Brigade Major on the Camp, Shorncliffe; 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 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.
Tuesday, September 17th: Before the Mayor,
S. Eastes and W.F. Browell Esq.
The two prisoners Pumfery were again brought up on
remand.
P.C. Peel said on the information of the prosecutrix he
went in search of the prisoners; he met the male prisoner in High Street, and
asked him if he 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. He said he was innocent. At the Queen`s Head public house he 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 Shorncliffe. I was coming from Sandgate
to Folkestone on Saturday night about 8 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 my 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 mouthm
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.
Southeastern Gazette 24-9-1861
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.
Folkestone Observer 5-10-1861
Monday
September 30th:- Before the Mayor, James Tolputt esq., and Captain
Kennicott R.N.
A Beer-Shop
Brawl
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.
Southeastern Gazette 8-10-1861
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 wouldnot 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.
Folkestone Observer 26-10-1861
Monday October
21st: Before Captain Kennicott R.N., and James Tolputt Esq.
Disorderly
Beerhouse
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.
Canterbury Weekly
Journal, Dover Express, Kentish Express 7-12-1861, Kentish Gazette 10-12-1861
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 tobbed 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.
Dover Chronicle
7-12-1861
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, deposed that on the
night of the 14th of September she was returning from the Camp at
Shorncliffe to Folkestonem 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 tobbed 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.
Folkestone Chronicle 7-12-1861
Assizes: William Pumfery and Mary Pumfery, 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 case have already appeared in this
paper.
Both prisoners were acquitted.
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.
Folkestone Observer 7-12-1861
Saturday
November 30th:- Before Captain Kennicott R,N., James Tolputt and
A.M. Leith esqs.
Assaulting
The Police
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.
Kentish
Express 7-12-1861
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.
Maidstone Journal
10-12-1861
Assizes, Tuesday, before
Mr. Justice Williams.
William Pumfrey, 40, a
tall, powerful man, dressed as a navvy, and Mary Pumfrey, 55, his wife, were
charged with having stolen 4s. 6d. from the person of Mary Reed, at Folkestone,
on the 14th of September.
Mr. Biron was for the
prosecution.
According to the statement
of the prosecutrix, it appeared that she was the wife of a private soldier in
the 90th Regiment, but he having been sent abroad, she was obliged
to support herself and eight children by washing, earning from 1s. 6d to 2s. per
day. About 9 o`clock in the evening of the 14th of September she was
going from the Camp at Shorncliffe to Folkestone, when upon the road she met
the two prisoners, who begged alms of her, saying that they had not tasted a bit
of food that day. Having herself known what it was to be pinched with hunger
(as she told the judge, who questioned the reason of her generosity), she gave
the woman 2d., and bought some watercresses of the man for a penny. She then continued
her journey towards Folkestone, but shortly before reaching the town she was
overtaken by the two prisoners, and the man struck her a blow upon the side of
the head, which knocked her down, and then knelt upon her, while his companion
rifled her pockets, taking 4s. 6d. They then went away, and on prosecutrix
reaching Folkestone, she gave information of the robbery to the police, the
prisoners being apprehended in the town late the same evening.
In corroboration a private
of the 25th Regiment was called, who stated that while on his way to
the Camp he heard a woman cry for help, and found the prosecutrix bleeding from
the mouth, while she complained of having been robbed by a man and a woman.
The prisoners handed in a
written defence, the substance of which was that they were drinking at a public
house with the prosecutrix, who then spent her last penny in the purchase of
beer. She left for Folkestone, and they followed, but presently overtook her
when she was quarrelling with an officer`s servant. The female prisoner advised
her to go quietly home, when, instead of accepting the advice, she attacked the
adviser, and the man was obliged to interfere to prevent his wife being
maltreated. The officer`s servant recommended the two prisoners to go to the
Camp next day and complain of the conduct of the prosecutrix, when the latter
said “You shan`t go to the Camp tomorrow,” started off towards Folkestone, and
preferred a charge of highway robbery.
It appeared that when the
prisoners were searched at the station only 1s. 2d. was found upon the man and
nothing upon the woman. From the first also the declared their innocence, and
asserted the prosecutrix herself was the assailant.
The jury acquitted both
prisoners.
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
Southeastern Gazette 10-12-1861
Assizes,
Tuesday, before Mr. Justice Williams.
William
Pumfrey, 40, labourer, and Mary Pumfrey, his wife, were indicted for stealing
4s. 6d. From the person of Margaret Reed, with violence, at Folkestone, on the
14th September. Mr. Biron was for the prosecution.
Margaret
Reed, the wife of a private in the 90th Regiment, said that on the
above evening she was returning from Shorncliffe Camp to her house at
Folkestone. When near the West Cliff Hotel the female prisoner begged of her.
She gave the woman 2d., when the male prisoner made his appearance, and askd
her to purchase some watercresses. She did so, and then went on. After she had
got about half a mile the prisoners came up behind her. The male prisoner
struck her a blow on the ear, which knocked her down on the side of the road.
He then knelt upon her, and caught her by the throat, and the female prisoner
took the money from her. The prisoners then went away, and a soldier of the 25th
Regiment afterwards came to witness`s assistance.
William Peel,
who in September last belonged to the Folkestone police, said he met the male
prisoner on the evening of the robbery, and took him into custody, on the
charge of knocking down and robbing the prosecutrix. Prisoner said he was
innocent of the offence. Witness afterwards apprehended the female prisoner,
and she also denied the charge, saying that Reed had tried to choke her.
John Wilson,
a private of the 25th Regiment, said he was going from Sandgate to
Folkestone on the above night, when he heard a female crying, and on going up
to her she complained to him that she had been robbed by a man and a woman. She
was bleeding at the mouth and showed him some hair which she said had been
pulled out of her head.
The prisoners
put in a written statement, to the effect that the prosecutrix asked Mary
Pumfrey to go and have a pint of beer, and put her last penny to one of the
male prisoner`s to purchase a second pint; that they afterwards found her
abusing an officer`s servant in the road, and advised her to go home, when she
attacked the female prisoner (who is partially blind), catching hold of her by
the throat; and that all the male prisoner did was to release his wife.
At the request
of the jury, the witness Peel was recalled, and stated that the prisoners were
searched at the station-house, when 1s. 2d. Was found on the male prisoner, but
nothing upon his wife.
The prisoners
were both acquitted.
Folkestone Observer 15-2-1862
Saturday
February 8th:- Before the Mayor and W.F. Browell Esq.
A Beerhouse
Offence
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.
Folkestone Chronicle
12-4-1862
Petty
Sessions, Wednesday, 9th April: Before Capt. G. Kennicott R.N. and
James Tolputt Esq.
The
license of the Mariners Home, Radnor Street, was transferred from Ann Tong to
Richard Bailey, late landlord of the Queen`s Head. The license of the West
Cliff Hotel transferred to Joseph Horwood from G. Giovannini. The license of
the South Foreland to Charles Edward Jordan from H. Robinson.
Folkestone Chronicle 6-2-1864
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.
Folkestone Observer 6-2-64
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.
Folkestone Observer 1-7-1865
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 bisturbance. 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.
Folkestone Observer 8-7-1865
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.
Folkestone Observer 29-6-1867
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.
Folkestone Chronicle 1-2-1868
Advert
To Let: the Queen`s
Head Inn, Folkestone. Incoming nominal. Apply to Newport and Lock, Lion
Brewery, Ashford
Folkestone Observer 28-3-1868
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.
Folkestone Express 28-3-1868
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.
Folkestone Observer 29-5-1869
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.
Folkestone Express 29-5-1869
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!
Folkestone Chronicle 4-3-1871
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.
Folkestone Chronicle 12-10-1872
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.
Folkestone Express 12-10-1872
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.
Folkestone Express 3-5-1873
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.
Folkestone Express 16-8-1873
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 reeld
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.
Southeastern
Gazette 19-8-1873
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.
Folkestone Express 21-3-1874
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.
Folkestone Express 19-12-1874
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.
Folkestone Chronicle 28-8-1875
Wednesday,
August 25th: Before The Mayor, W. Wightwick, J. Tolputt, W.J.
Jeffreason, T. Caister Esqs., and Captain Crowe.
This was the
annual licensing day.
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
Folkestone Express 28-8-1875
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.
Folkestone Express 4-3-1876
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 fet 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.
Southeastern Gazette 31-7-1876
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.
Folkestone Express 5-8-1876
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 coul;d 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,
incliding 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.
Folkestone Express 19-8-1876
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.
Kentish Gazette
29-8-1876
On
Wednesday last, the licensing day, the proceedings before the magistrates were
of considerable interest. There was a full Bench, consisting of W. Bateman Esq.
(chairman), T. Caister, J. Clark, J. Tolputt and J. Kelcey Esqs., and Capt.
Crow and Gen. Cannon.
The
granting of the Queen`s Head licence was deferred.
Folkestone Express 16-9-1876
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.
Folkestone Chronicle 7-12-1878
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.
Folkestone Express 7-12-1878
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.
Southeastern Gazette
7-12-1878
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 dofendant 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.
Kentish Gazette
10-12-1878
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 he 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 on Sunday.
Defendant called Henry Marshall, who said he
was a mariner, and lived in North Street. He was in a private bar at the
Queen`s Head on the previous 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 on the back door in Seagate Street. It was opened and he went into
a little back parlour, where he saw two men, named Charles Vye and William
Parlour. 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 that 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 each in the sum of 2s. 6d., costs 8s.; in
default three days` imprisonment.
Folkestone Express 28-12-1878
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.
Folkestone Express 4-1-1879
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”.
Southeastern Gazette
4-1-1879
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.
Folkestone Express 1-3-1879
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.
Folkestone Chronicle 20-1-1883
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
Folkestone Express 20-1-1883
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`.
Folkestone Express 16-8-1884
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.
Folkestone News 16-8-1884
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.
Folkestone News 22-11-1884
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.
Folkestone Express 20-11-1886
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.
Folkestone News 20-11-1886
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.
Folkestone Chronicle 23-6-1888
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 1-9-1888
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`.
Folkestone Express 1-9-1888
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`.
Folkestone Express 18-5-1889
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.
Folkestone Chronicle 22-6-1889
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.
Folkestone Express 22-6-1889
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.
Folkestone Express 12-10-1889
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.
Folkestone Chronicle 30-8-1890
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.
Folkestone Express 30-8-1890
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.
Folkestone Chronicle 27-9-1890
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.
Folkestone Express 27-9-1890
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.
Folkestone Chronicle 1-8-1891
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 8-4-1893
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 8-4-1893
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 16-9-1893
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 16-9-1893
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 16-9-1893
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)
Mr. Glyn now applied that, in the event of an appeal,
notice of appeal served on the Justices` Clerk should be accepted by the
Justices.
This was at once acceded to.
Mr. Glyn: My clients all feel, sir, what the
professional men around the table knew before, the fair way in which Mr.
Superintendent Taylor has conducted these proceedings.
Folkestone Visitors` List 20-9-1893
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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