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Royal Oak, 1920Credit Folkestone Library
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Royal Oak, 1923
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Royal Oak, date unknown
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Licensees
Richard Wood Listed 1717
William Wood Listed 1727
William Gardner Listed 1741
William Stevenson 1760s
1770s
Jeffrey Hunt Listed 1782
William New 1792 1792
James Seal c1792 1798
Thomas Hall 1798 1803
William Taylor 1803 1806
Thomas Richardson 1806 1810
John Potts 1810 1815
George Bateman 1815 c1822
George Stoneham c1822 c1826
John Franks c1826 c1837 To
Swan (1)
Henry Marsh c1837 c1848
John Smith c1848 1852
Thomas Saunders 1852 1855
Richard Hills 1855 1855
Alfred Tookey 1855 1856
Filmer Chester 1856 c1859
Alexander Williamson c1859 1860
George Prebble c1860 1868
Charles Sinden 1868 1872 To
Two Bells
Thomas Davis 1872 1875
John Halke 1875 1889
Henry Mercer 1889 1890
George Kirby 1890 1894
Thomas Hughes 1894 1896
Benjamin Spicer 1896 1899
Joseph Hanson 1899 1901
William Collar 1901 1917 To
Red Cow
Herbert Baldock 1917 1933
Harry Wilson 1933 1936
Alfred Chick 1936 1939
Harry Powell 1939 1941 To
Earl Grey
Kentish Gazette
21-5-1790
To
be sold by Auction, at the Royal Oak, in Folkestone, on Monday, the 31st
of May instant, at Three o`clock in the afternoon; the cutter Hopewell, burthen
160 tons, clinker-built at Folkestone in the year 1782, has been very little at
sea, pierced for 18 guns, a fast sailer, is in good condition, exceedingly well
found, and may be sent to sea in a very few days, now lying on Folkestone
beach.
Inventories
to be had at Mr. Hamilton`s, 4, Mincing Lane, London; of Messrs. Latham, Rice
& Co., Dover; and of Mr. Solomon Harvey, Folkestone.
In
case the cutter should be previously disposed of by private contract notice
will be given in this paper.
Folkestone Sessions
Books 1765 – 1779 & 1792 - 1811
General Sessions 26-6-1792
Before Thomas Baker (Mayor), Thomas Rolfe, John Harvey,
Thomas Farley, John Minter, Michael Minter, and Robert Harvey
An ale licence was granted to James Seal at the sign of the
Royal Oak until next licensing day.
Folkestone Sessions
Books 1765 – 1779 & 1792 - 1811
General Sessions 11-12-1798
Before Thomas Baker (Mayor), John
Minter, Edward Andrews, Joseph Sladen, John Castle and Joseph Stredwick.
The licence of the Royal Oak was
transferred to Thomas Hall.
Folkestone Sessions
Books 1765 – 1779 & 1792 - 1811
General Sessions 1-3-1803
Before John Castle (Mayor), Edward Andrews, Thomas Baker and
Joseph Sladen.
Ordered that William Taylor be permitted to sell beer under
the licence granted to Thomas Hall at the Royal Oak in this town until the next
licence day.
Note: Date is at variance with More
Bastions.
Folkestone Sessions
Books 1765 – 1779 & 1792 - 1811
General Sessions 23-7-1810
Before John Bateman (Mayor), John Minter, Thomas Baker, John
Castle and James Major.
John Potts and Pilcher Jones appeared and made complaint on
oath against John Major and Richard Major (two of the constables of the said
town) who had severally refused to execute certain warrants when requested to
do so.
Potts, Royal Oak; Jones, George.
General Sessions 20-8-1810
Before John Bateman (Mayor), John Minter, Joseph Sladen, Thomas
Baker, John Castle and James Major.
At
this meeting John Major appeared according to a summons issued for that purpose
on a complaint and information of Pilcher Jones against him for a neglect of
duty as constable, when it is ordered that the said John Major be fined 20/-
for such neglect of duty and the same to be paid into the hands of the Mayor
this day and to be by him applied for the relief of the poor of the said town.
Richard Major, another constable, was also summoned to appear this day, but as
he was at sea, ordered to stand over till the next adjournment at Sessions.
Kentish Chronicle
5-1-1813
A
few days since, at Folkestone, a man known by the name of Little Captain, to
the astonishment of a few friends, with which he supped at the Royal Oak, ate a
beef pudding weighing six pounds, and for a trifling wager concluded his
voracious meal with depositing in his belly one pound of pork sausages,
together with bread and a gallon of beer.
Dover Telegraph
21-1-1837
Advertisement:
To Let, with immediate possession, the old-established public house, the Royal
Oak, North Street, Folkestone.
Apply
to John Franks, on the premises, Folkestone.
Maidstone Gazette
7-7-1846
An
inquest was held on Monday, the 29th inst., at the Royal Oak, before
J. Bond Esq., Coroner for this borough, on the body of William Back, who came
by his death under the following circumstances. John Punnett, fisherman,
deposed that on the Sunday previous he left Folkestone in the fishing lugger,
Sarah and Mary Ann, of which he was the master, bound for Dungeness roads, to
anchor; when between New Romney and Dungeness, the boat was in stays, and by
accident the foresail struck deceased and knocked him overboard. Endeavours
were made for two hours to recover him, without success. Joseph Back, brother
of deceased, deposed to seeing deceased struck by the foresail, and knocked
overboard; he had repeatedly cautioned him as to the danger he was in, to which
he paid no attention.
Verdict:
“Accidentally drowned by falling out of a boat at sea”
Dover Chronicle
14-10-1848
Marriage:
Dec. 8, at Folkestone, Mr. John Hawkins, of the Post Office there, to Miss Mary
Marsh, third daughter of Mr. Henry Marsh, late of the Royal Oak Inn.
Note: Earlier date for end of Marsh`s tenure.
Southeastern Gazette
23-11-1852
Advertisement:
Folkestone, to publicans and others, to let, in a densely populated part of
this improving town, an excellent public house, known as the Royal Oak;
coming-in under £100, doing about 3½ barrels a week. Immediate possession may
be had, as the advertiser had another business to attend to.
Enquire
on the premises, North Street, Folkestone.
Southeastern Gazette
6-12-1853, Dover Chronicle, Kentish Mercury 10-12-1853
Inquest
An inquest was held on Friday last, at the Royal Oak Inn,
before Silvester Eastes, Esq., coroner, upon the body of George Major, aged 72.
It appeared that the deceased went on Thursday morning, at 4
o’clock, to haul his nets in, which he had placed the night before in the sea
near Copt-point, and was there observed by another fisherman and a
coastguardsman, with a large cod fish Shortly afterwards the deceased was found
lying dead on the rocks, and the fish near him. He had complained of a pain in
the chest for two or three days previously.
Verdict, “Died by the visitation of God.”
Dover Telegraph
30-12-1854
Petty
Sessions, Dec. 27: Before W. Major and J. Kelcey Esqs.
The
following licenses were transferred: The Red Cow, Foord, from John Goodburn to
William Prebble; the Mariners Arms, Radnor Street, from Thomas Hall to Richard
Ovenden; the Royal Oak, North Street, from Thomas Saunders to Richard Hills, of
Sandgate.
Note: Red Cow and Royal Oak transfers are earlier date
Southeastern Gazette
2-1-1855
Local News
The following license was transferred. The Royal Oak,
North-street, from Thos. Saunders to Richard Hills.
Note: Hills not listed in More
Bastions.
Folkestone Chronicle
11-8-1855
Advertisement:
Alfred Tookey, Royal Oak Inn, North Street, Folkestone.
Spirits
of superior quality. Fine ales and porter. A very superior bagatelle board.
Good beds.
Dover Telegraph
7-6-1856
The
license of the Engine, in South Street, was transferred from George Norris to
William Whiting, of Tonbridge; and the Royal Oak from Alfred Sankey (sic) to
Mr. Chester, of Hythe.
Folkestone Chronicle 7-6-1856
Wednesday
June 4th :- Before the Mayor, Samuel Mackie Esq., G. Kennicott Esq.,
W. Major Esq., and G. Bateman Esq.
The licence
of the Royal Oak, North Street, was transferred from Alfred Tookey to Filmer
Thomas Chester
Southeastern Gazette
10-6-1856
Local News
The license of the
Royal Oak was transferred from Alfred Tookey to Mr. Chester, of Hythe.
Southeastern Gazette
24-5-1859
Local News
On Saturday evening last, a married woman named Williamson,
committed suicide by hanging herself at the Royal Oak, North Street.
Folkestone Chronicle
28-5-1859
Inquest
On Monday last an inquest was held before Silvester Eastes
Esq., Coroner for the Borough, on the body of a married woman named Williamson,
the wife of the landlord of the Royal Oak, North Street, who committed suicide
by hanging herself at her residence on Saturday evening last. The deceased had
lately led a dissipated life, and had several times left her husband`s home,
and had also once before attempted suicide. The jury returned a verdict of
“Temporary insanity”.
Note: No record of Williamson at the
Royal Oak
Kentish Gazette 31-5-1859
On Monday an inquest was held before Silvester Eastes, Esq., coroner for
the borough, on the body of a married woman named Williamson, the wife of the
landlord of the Royal Oak, North Street, who committed suicide by hanging
herself at her residence on Saturday evening. The deceased had lately led a
dissipated life, and had several times left her husband’s home, and had also
once before attempted suicide. The jury returned a verdict of “Temporary
Insanity."
Dover Chronicle
11-2-1860
Petty
Sessions, Monday, Feb. 6th: Before James Kelcey, R.W. Boarer and
W.F. Browell Esqs.
John
McEwan, a soldier in the Stirlingshire Militia, was charged with stealing a
quantity of wearing apparel, one plated cruet stand, 2 cameo brooches and 2
photographic likenesses from the Royal Oak, in North Street, on Saturday
evening last, and was committed to take his trial at the next Quarter Sessions
for this borough.
Dover Chronicle
7-4-1860
Quarter
Sessions: Before J.J. Lonsdale Esq.
John
McEwan, soldier, was indicted for stealing 2 dresses, 1 skirt, 1 pair of
trousers, 2 jackets, I cruet stand, 2 cameo brooches, and 2 photograph
likenesses, the property of Alexander Williamson, at Folkestone, on the 4th
February.
Alexander
Williamson on being sworn, said he kept a public house called the Royal Oak. He
knew the prisoner, and recollected on Saturday, the 4th of Feb.,
between 10 and 11 o’clock in the evening he was in his house. He had been
drinking and was drunk when he came in; he could walk. He saw him come down the
bedroom stairs into the passage. Any person might go up without being seen, but
no one had a right to be there. Prisoner had the clothes in his arms and cruet
stand in his hand. He asked him how he could be such a rascal, and he replied
that he did it in a joke. He then took the things from him and gave him in
charge. His wife went for a policeman; he did not attempt to get away. He
locked the front door, and gave the things which he identified as his property
to the police constable, No. 5.
Police
constable Swain stated the things produced were handed to him by the
prosecutor.
Mr.
Wightwick, at the request of one of the officers of prisoner’s regiment, here
undertook to defend the prisoner
The
prosecutor, in cross-examination, said he was not drunk himself. No one was
present but himself and wife. Prisoner was perfectly drunk. He could identify
the stolen articles, and was satisfied they were the things from their general
appearance. He did not think the prisoner meant to steal them, and he had seen
none of the prisoner's friends since.
The
Recorder here severely remarked upon the prosecutor giving the prisoner in
charge if he did not mean to steal them.
The
prosecutor remarked that the prisoner said he was only in fun, but he thought
it very extraordinary fun, so he gave him in charge.
Mrs. Williamson corroborated the statement of
the last witness. In cross examination by Mr. Wightwick, she said she first
found the prisoner at the bottom of the stairs with the clothes. He was drunk,
and she took him into the tap room where he fell down.
Mr.
Wightwick then addressed the jury at some length, urging upon them that this
was a drunken frolic, and that the case was of the most trumpery description.
He called upon the jury to dismiss the charge, and not subject the prisoner to
the severe punishment which he would have to undergo should they find him
guilty.
An
officer spoke as to the respectability of the prisoner, and gave him a good
character for honesty.
The learned Recorder having
summed up, the Jury retired, and on their return into Court returned a verdict
of “Not Guilty.”
Folkestone Chronicle 7-4-1860
Quarter
Sessions: Before J.J. Lonsdale Esq.
Tuesday April
3rd:- The Grand Jury then retired, and in a short time returned with
a true bill against John McEwan, a lance corporal of the Stirlingshire Militia,
or Highland Borderers, for larceny. The indictment charged the prisoner with
having, on the fourth day of February, 1860, at the town of Folkestone, stolen
two dresses, one skirt, one pair of trousers, two jackets, one mat, one cruet
stand, two cameo brooches and two photographic likenesses, the property of
Alexander Williamson, the landlord of the Royal Oak, North Street.
The
prosecutor having been sworn, deposed that the property described in the
indictment was his, and to the fact of having missed it on the day above named,
and that the prisoner was in his house on that day.
Mary
Williamson, the wife of the prosecutor, corroborated her husband with respect
to losing the property.
P.C. Ingram
Swain, deposed that from information given he apprehended the prisoner, and
charged him with committing the offence. Prisoner however pleaded entire
ignorance of committing the crime, stating that he was in such a state of
drunkenness as not to know what he was about, which was admitted by both the
prosecutor and the police. The petty jury therefore under the circumstances
returned a verdict of Not Guilty. This completed the business of the sessions,
which was concluded at an early hour.
Note:
No record of Williamson ever having had the Royal Oak according to More
Bastions.
Southeastern Gazette
10-4-1860
Quarter Sessions
These sessions were held on Wednesday last, before J. J.
Lonsdale Esq.
John McEwan, a lance corporal in the Stirlingshire Militia,
was indicted for stealing several articles of wearing apparel from a bedroom at
the Royal Oak public house, North Street, the property of Alexander Williamson,
the landlord.
Prisoner said he took the things for a lark. This statement
the prosecutor in his evidence appeared to believe, and the jury acquitted the
prisoner.
Note: Williamson does not appear in
More Bastions.
Kentish Gazette
10-4-1860
The
Court of Quarter Sessions for the Borough of Folkestone was held on Tuesday
before J.J. Lonsdale Esq.
John McEwan, soldier, was
indicted for stealing 2 dresses, 1 skirt, 1 pair of trousers, 2 jackets, 1 cruet stand, 2 cameo brooches, and 2 photograph likenesses, the property of Alexander Williamson, at Folkestone, on the 4th February.
Alexander Williamson on being
sworn, said he kept a public house called the Royal Oak. He knew the prisoner,
and recollected on Saturday, the 4th of February, between 10 and 11
o’clock in the evening he was in his house. He had been drinking and was drunk
when he came in, but he could walk. He saw him come down the bedroom stairs
into the passage. Any person might go up without being seen, but no one had a
right to be there. Prisoner had the clothes in his arms and cruet stand in his
hand. He asked him how he could be such a rascal, and he replied that he did it
in a joke. He then took the things from him and gave him in charge. His wife
went for a policeman, but the prisoner did not attempt to get away. He locked
the front door, and gave the things which he identified as his property to the
police constable.
No. 5, Police constable Swain
stated the things produced were handed to him bv the prosecutor.
Mr. Wightwick, at the request of
one of the officers of prisoner’s regiment, here undertook to defend the
prisoner.
The prosecutor, in
cross-examination, said he was not drunk himself. No one was present but himself and wife. Prisoner was perfectly drunk. He could identify the stolen
articles, and was satisfied they were the things from their general appearance.
He did not think the prisoner meant to steal them, and he had seen none of the
prisoner's friends since.
The Recorder severely remarked
upon the prosecutor giving the prisoner in charge if he did not mean to steal
them.
The prosecutor remarked that the
prisoner said he was only in fun, but he thought it very extraordinary fun, so
he gave him in charge.
Mrs. Williamson corroborated the statement of
the last witness. In cross examination by Mr. Wightwick, she said she first
found the prisoner at the bottom of the stairs with the clothes. He was drunk,
and she took him into the tap room where he fell down.
Mr. Wightwick then addressed the
jury at some length, urging upon them that this was a drunken frolic, and tnat
the case was of the most trumpery description. He called upon the jury to
dismiss the charge, and not subject the prisoner to the severe punishment which
he would have to undergoshould they find him guilty.
An officer spoke as to the respectability
of the prisoner, and gave him a good character for honesty.
The learned Recorder having
summed up, the Jury retired, and on their return into Court returned a verdict
of Not Guilty.
Canterbury Weekly
Journal 14-4-1860
Quarter
Sessions, yesterday week; before J.J. Lonsdale Esq.
John
McEwan, a lance-corporal in the Stirlingshire Militia, was indicted for
stealing several articles of wearing apparel from a bedroom at the Royal Oak
public house, North Street, the property of Alexander Williamson, the landlord.
Prisoner said he took the things for a “lark”. This statement the prosecutor in
his evidence seemed to believe, and the jury acquitted the prisoner.
Folkestone Observer 11-7-1868
Wednesday,
July 8th: Before Captain Kennicott and James Tolputt Esq.
This being a
Special Sessions for granting Alehouse Licenses, &c., the following
business was transacted.
Mr. Sinden
applied for a transfer of the license of the Royal Oak to himself from Mr.
Prebble.
It appeared
that the notice given was not in proper form, and had not been served on the
Overseers in accordance with the Act of Parliament.
The Clerk
therefore advised applicant to apply to the Bench for temporary authority to
sell under Mr. Prebble`s license.
This was
accordingly done and the authority granted.
Note:
Date differs from info given in More Bastions.
Folkestone Express 11-7-1868
Wednesday,
July 8th: Before Captain Kennicott and Alderman Tolputt.
A special
sessions for the transferring of licenses was held in the Town Hall on
Wednesday.
The following
business was conducted:
Mr. Sinden,
of the Royal Oak for transfer of license from Mr. Prebble. In consequence of an
informality in the notice, it not being dated, the Overseers refused to sign
it. The transfer was refused, but the Magistrates granted the applicant
temporary power to sell under the existing license until the next sessions.
Note:
Date for this transfer differs from information given in More Bastions.
Folkestone Chronicle
15-2-1873
Extract from “Folkestone Past and Present” lecture at the
Town Hall on Thursday, February 13th.
In 1807 the Folkestone Conversational Society existed, which
held its meetings at the Royal Oak; he had seen the carefully kept minute book,
detailing the transactions of the Club. Mr. Sladden was the President.
Folkestone Express 21-2-1874
Inquest
A young man
named Thomas Garland, who had been lodging some weeks at the Royal Oak Inn,
North Street. Was taken suddenly ill on Monday evening and died before medical
assistance could be procured. From what Mr. Mercer, assistant to Mr. Bateman,
told the Coroner, that officer did not consider it necessary to hold an
inquest, but having received an anonymous letter, which will be found below, he
reconsidered the matter and determined to hold an inquiry into the
circumstances of the death, and instructed Mr. Mercer to make a post mortem
examination, which was accordingly done on Wednesday, the result of which will
be found in the evidence given at the inquest, which was held at the Town Hall
on Thursday afternoon before J. Minter Esq., Coroner, and a jury.
The jury
having been to the residence of the uncle of the deceased to view the body, on
their return, Lydia, wife of Thomas Joseph Davis, Royal Oak Inn, North Street,
deposed: I identify the body just shown to the jury as that of Thomas Garland,
who has lodged at my house since a week or two before Christmas. On Monday last
deceased was at home all day. Shortly after seven o`clock in the eveining he
was in the bar parlour with my neice, who called me in, and I found deceased
sitting on a chair, apparently very ill. He complained of great pain at his
hear and head. I called in Mrs, Harris and Mrs. Winter, two neighbours, and
then went to get a pair of blankets, as deceased complained of being cold, and
on my return he was lying on the floor dead. He had complained before of his
heart and used to say “Oh, my heart”, and placed his hands on his breast. I had
tea with him at half past four o`clock the same afternoon, and he appeared to
be well then. He would have been nineteen years of age next March. I do not
know anything about the letter produced.
Mr. Richard
Mercer, M.R.C.S., deposed: I am assistant to Mr. Bateman, surgeon. On Monday,
16th inst., I was called in to see deceased at the Royal Oak Inn,
North Street, and found him dead. I made a post mortem examination of the body
yesterday afternoon, in which I was assisted by Mr. Bateman. I found the heart
enlarged and flabby; the valves on the left side of the heart had an
inflammatory appearance. The other organs, including the brain, lungs, &c.,
were healthy. The stomach contained a small quantity of fluid and food, but
there was no unhealthy signs in it or in the intestines. I could not detect any
foreign or injurious substance in the stomach. The valve of the heart giving
way was the cause of death, which was from natural causes. If I had given a
certificate I should have given the cause of death as disease of the heart. I
was aware there had been a suggestion that deceased had taken poison, and was,
therefore, careful in examining the stomach, and am able to say positively that
there was no poison. The symptoms preceding death, as described by the last
witness, are such as would be consistent with heart disease. Mr. Bateman agreed
with me as to the cause of death.
Mr. Bateman
was not sworn, but said there was not the least symptom of irritation in the
stomach, and there could not have been irritant poison in the stomach without
leaving traces. If there had been volatile poison, it would have gone away
before they could have examined the stomach. He was satisfied death was from a
diseased heart, which was enlarged and weakened, and there was an inflammatory
appearance of the organ.
In answer to
Mr. T.J. Vaughan, Mr. Mercer said there would have been some traces of the
effect of volatile poison if such had been taken.
Mrs. Mary Ann
Harris deposed: I went to the Rotal Oak on Monday evening about a quarter
before seven, when I saw deceased lying on the floor of the bar parlour. Mrs.
Davis told me he was ill. I asked him if he would have water, and he said “No”.
Mrs. Winter asked him where the pain was and he said “In my head”. I placed my hand
on his heart and could feel it beating violently. I said to him “Let me lift
you up” and he said “No”. He put his hand on his head and said “I am dead”. He
had a very severe struggle and became unconscious and died.
Mrs. Winter
gave confirmatory evidence.
The Coroner
said: The evidence of Mr. Mercer makes the matter very clear the deceased died
of heart complaint, and the post mortem examination clearly explained the cause
of death. From inquiries made at the time the doctor was satisfied that
deceased had died of heart disease, but Mr. Mercer not being present at the
time he could not give a certificate. Having heard Mr. Mercer`s report I
confess I did not intend to hold an inquest, but in consequence of having
received an anonymous letter which I, perhaps, might very well have afforded to
take no notice of, but the letter intimating that I was neglecting my duty, and
went on to suggest that the deceased had taken poison, and the doctor had not
examined him, I certainly thought it right that an inquest should be held and
the matter should be cleared up. I put the letter into the hands of the police,
who made every inquiry, but could obtain no corroboration of the allegation
contained in the letter. On asking deceased`s father, he thought it would be satisfactory
to have the matter cleared up. I cannot say what motive prompted the writer of
the letter, whether it was an honest conviction that deceased had taken poison,
or whether it was from a vindictive feeling towards the family. Your duty,
gentlemen of the jury, is to say what was the cause of death. Looking at the
evidence of the two medical gentlemen, that all the organs except the heart
were in a healthy state, and the symptoms showed that action of the heart had
stopped, confirms Mr, Mercer`s opinion as to the cause of death.
A juror asked
if the Coroner had any objection to read the letter.
The Coroner
said he had not. The letter came by post, and was addressed “Mr. J. Minter,
Lawyer, Guildhall Street, Folkestone”, and the contents were as follows:
“Folkestone, 18th. Sir, Excuse me writing, but I feel almost sure
that Thomas Garland must have taken something to cause his death, and it is the
talk all over the town. There ought to be an inquest on the body. I know the
doctor never examined him. I hope you will interfere, or there will be much
more talk about it. From a friend, G.H.”
The Jury
immediately returned a verdict of “Died from natural causes”.
Folkestone News 16-1-1886
Local News
On Monday
morning between seven and eight o`clock a fire was discovered at the Royal Oak
public house, North Street, which might have proved very disastrous if it had
broken out in the night. In the bar parlour, a very small room, situated in the
middle of the house, there is, over the fireplace, a beam of wood, which
reaches across the front of a cupboard on the right of the fireplace. The
cupboard appears to have been in such close proximity to the open chimney that
the soot could drop on to the top of it, and had in that way ignited the top of
the cupboard and the beam above mentioned, through which it burned a large
hole, six inches across. Immediately over this spot on the wall hung a picture,
and the fire burnt a round hole out of the back of the picture, and cracked a
large opening through the glass corresponding with the hole, and it was through
this aperture that the fire was coming when discovered by the landlord`s son,
Master Halke. An alarm was at once spread, and the Fire Brigade were soon on
the spot. The cupboard was pulled to pieces, and a very large accumulation of
red hot soot was taken out of the chimney. It would appear as if this soot must
have smouldered for some considerable time before breaking out in a fire. The
damage was fortunately confined to the bar parlour, and the fire quickly
extinguished.
Folkestone Express 12-10-1889
Wednesday,
October 9th: Before The Mayor, Dr. Bateman, H.W. Poole and F.
Boykett Esqs.
Henry Mercer
was granted temporary authority to carry on the Royal Oak, North Street.
Southeastern
Gazette 2-9-1873
Local News
The
annual licensing meeting was held on Wednesday, when the magistrates present
were J. Hoad, Esq. (Mayor), J. Gambrill, J. Tolputt, and J. Clark, Esqrs.
The
Superintendent lodged a complaint against the landlord of the Royal Oak, for
harbouring prostitutes. The licence was granted with a caution.
Southeastern
Gazette 21-2-1874
Local News
With reference to the sudden death of Thomas
Garland, at the Royal Oak, North Street, on Monday evening, J. Minter, Esq.,
coroner, received an anonymous letter signed “G.B.” alleging that deceased had
taken poison and suggesting that an inquest should be held, which was done on
Thursday afternoon, after a post-mortem examination by Messrs. Bateman and
Mercer, surgeons. The examination proved incontestably that there was not the
faintest trace or indication of poison in the stomach. The valve of the heart
had given way.
Under these circumstances, the jury had no
hesitation in returning a verdict that deceased died from natural causes, and
thus the talk which has been rife in the town has been set at rest.
Folkestone Express 13-12-1890
Wednesday, December
10th: Before The Mayor, Col. De Crespigny, Surgeon General
Gilbourne, Alderman Banks and W.G. Herbert Esq.
Transfer
The licence
of the Royal Oak, North Street, was transferred from Henry Mercer to John Kirby
Folkestone Chronicle 23-4-1892
Inquest
An inquest
was held at the Town Hall on Tuesday by the Borough Coroner (J. Minter Esq.) on
the body of Mary Ann Philpott, who died from injuries received to her head. It
will be remembered that the deceased summoned a painter named Henry Moore
before the Bench on the 2nd inst. for an assault, the deceased
complaining that Moore had knocked her down with his fist on the previous
Sunday, giving her a black eye, and causing her head to be cut against the
pavement. A cross summons was also heard, and the Magistrates dismissed them
both.
William Henry
Marshall was called, and stated that he was a fisherman, living at 15, Radnor
Street. He knew the deceased for some time. She was the wife of David Philpott,
a fisherman, and lived at 15, North Street.
The jury then
viewed the body, and upon returning, Moore was called into the Court, and the
Coroner remarked that, as far as he could anticipate, there would be evidence
to show them that the deceased had had a quarrel with a man named Henry Moore,
who was now present, and whome he should give an opportunity of making a
statement if he wished to do so. There appeared to have bben two quarrels – on
on the Saturday night, the other on Sunday morning. On both occasions, it was
stated, she was knocked down by Moore, and, on the latter occasion, received
severe injuries to her head, the result of which was a rupture of a blood
vessel on the brain and haemorrhage. Although Moore had been summoned there as
a witness, he did not propose to call him until the last, so that he may first
have an opportunity of hearing the whole of the evidence. He would then elect,
after a warning from him, whether or not he would make a statement. It was, of
course, their duty to ascertain what was the cause of death, and if they were
satisfied that she died from a blow which Moore was alleged to have dealt, it
was their duty to say whether it was a case of manslaughter. It was only right
for him to say that the deceased woman was of drunken habits, and very
quarrelsome. And she was always complaining to the police, when she was drunk,
of having been assaulted. But, whether she was a drunken woman or not, no-one
had any right to strike her in such a manner as to cause her death.
The witness
Marshall was then re-called, and stated: I identify the body which the jury
have just viewed as to that of Mary Ann Philpott. On Sunday morning, the 3rd
of April, I was standing at the bottom of North Street, between twelve and one
o`clock. I saw the deceased standing on the pavement between her house and Mrs.
Rose`s house – two doors below. I did not notice if she had anything in her
hand. There was an old lady with her, named Spearpoint. I saw Moore and another
young man – Edward Tappenden – come through the arches, and passed me to go up
North Street. Moore was walking in the roadway, and when he arrived opposite
Mrs. Philpott she walked towards him. I saw him strike her on the right eye
with his fist, and she fell down on the pavement. She fell on her back and her
head struck the pavement. Mrs. Spearpoint ran away from her when she fell, but
afterwards went back and picked her up. I should judge she lay there two or
three minutes before she picked deceased up. She did not seem to attempt to get
up herself. She laid there quietly until Mrs. Spearpoint went. I don`t know
what became of her after that, because I went into my own house.
The Coroner:
You say you were twenty yards off. Were you looking up the street at Moore? –
Yes.
Was there any
reason? – Yes.
Why? – The
night before I heard a row at the Royal Oak, and I thought to myself “There
will be another row”.
|You knew of
the quarrel then? – Yes, sir; I heard about it. I wasn`t there myself.
You say that
when Moore got opposite Mrs. Philpott she walked towards him. Did you see her
strike him? – I saw her strike at him, but she did not hit him.
Did you see
her throw any wood at him? – No. I did not see anything in her hand. When she
struck at him he knocked her down. I had not seen her before that morning, so
that I could not say if she was drunk or sober.
In answer to
Moore, when the Coroner had given permission to ask any questions, the witness
said he noticed another young man with Moore and Tappenden, but did not know
his name.
Moore said it
was Tappenden`s son.
Mrs.
Spearpoint was then called and said: I am a widow, and live at 11, North
Street. I knew Mary Ann Philpott; she lived three doors above me. A fortnight
ago last Sunday, between twelve and one o`clock, I came out of my sister`s
house, which is opposite mine, and saw deceased on her doorstep. She called out
to me “Aunt Mary”. I went up to her. She had her left arm in a sling, and in
her right hand she had a short white stick. It was a little bobbin stick.
Whilst I was talking to her three men came up the street, and Henry Moore, now
present, was one of them. Mrs. Moore said “Here comes the three ----“. She got
up and threw the stick at Moore. I don`t think it struck him. She then went
“squaring up” to him, and he tried to get away, but she kept in front of him to
prevent him passing. I don`t think she struck him. I ddi not see Moore strike
her, but he gave her a push with his open hand. I think it was in her face. She
fell on the back of her head. I saw that she had a black eye.
The Coroner
remarked that he did not think the witness was telling the truth.
Witness: Yes
I am, sir; that`s the truth. She had got a black eye at the time. I turned to
go into my own house, when my next door neighbour (Mrs. Rose) said “Pick her
up, Aunt Mary”. I said “Why don`t you pick her up? You`re younger than I am”.
“I can`t” she said, and so I picked her up. She was very heavy, and I had a
great job to get her up. When I got her up I said “Go indoors”, and she did so.
When I saw her on Monday morning I was astonished to see her eye so black.
George Kirby
said: I am landlord of the Royal Oak, which is two doors above the residence of
deceased. She was in my house on Saturday night, the 2nd of April. I
should say she was the worse for drink. It was between five and ten minutes to
eleven at night. Harry Moore was standing against the door, inside, and she
passed him in coming in. I was called into another room by one of my customers,
and whilst there I hard a noise. When I went back I asked what was the matter,
and Moore said “She has hit me in the mouth”. From my experience of her I know
she is a very quarrelsome woman. Deceased said “What did he want to shove me
for?”, and Moore said “I was in a good mind to hit her, but I pushed her out”.
The glass of the door was broken. I got her outside, and she stood there using
bad language, calling Moore bad names. I said to her “I`m sure Mr. Moore would
not hit you if you did not interfere with him”. I told her to go out of the
house, and that I had never had any disturbance in the house since I had had
it; only with her. I told her never to come into my house again. I did not see
anything of what took place on Sunday morning. She had not been in my house.
Moore came in about twenty minutes to one on Sunday afternoon, and said “I have
been insulted again by Mrs. Philpott”. He said she tried to hit him with a
piece of wood, which he avoided. She then struck him in the mouth and broke his
pipe. As he was picking his pipe up she came at him again. He put up his arm,
and she fell down. While he was in the bar Mrs. Philpott`s husband came in with
the deceased, her sister and another woman. Philpott pulled off his coat and
wanted to fight Moore, but I told them to go outside or I should send for a
policeman. They did not go, so I sent for a constable, and P.C. Bowles came.
P,C, Bowles
stated that he was sent for by the landlord of the Royal Oak between twelve and
one o`clock on Sunday, the 3rd of April. On his arrival he found the
deceased in the house, with her husband, her sister, Henry Moore, and others.
There was an altercation going on between her and Moore. They went out and
witness asked Moore what it was all about. He said “She struck me in the mouth,
broke my pipe, and I hit her. What should you have done?” Witness saw deceased
a minute or so afterwards standing just in front of her front door with her
husband and sister. He noticed that her right eye was blackened, and that she
had a bruise on the right side of her forehead. She said “Look at my face, what
he has done!”, and witness advised her to summon the man who struck her.
P.C. Lemar
deposed that on Saturday night, the 2nd of April, he was on duty in
North Street, and as he passed by he saw the window of the door of the Royal
Oak was broken, and he asked the landlord how it was done. He said he did not
know. Witness saw that deceased and Moore were having an altercation, but when
they saw him coming they stopped. The deceased was “squaring up” at Moore.
After Moore had got by, the deceased said “There`s a pretty ----. He hit me in
the mouth and knocked me through the window”. Her mouth was bleeding.
Dr. Percy
Vernon Dodd stated that he was called to see the deceased on Tuesday, the 5th
of April. He observed that she had a large contusion over the right eye. The
whole of the right side of the face was black – it had been bruised. She
complained of pains at the back of the head, and, upon examining it, he found
that there was a soft spot in the centre of the back of the head. In his
opinion the spot was caused by a blow or a fall. The contusion on the forehead
would have been due to the same cause. Having heard the evidence he should say
that the contusion was caused by a blow, and the soft spot at the back of the
head was the consequence of the fall on the pavement. He attended her regularly
from the 5th until the following Saturday, when she attended the
police court to summons Moore for an assault, against his advice. She
complained of headache more than anything else, and had been in bed the whole
time.
The Coroner:
Why did you advise her not to go?
Witness said
because he thought she was not in a fit state. He ought, perhaps, to state that
when he called on the Tuesday morning he was told by the old lady who had been
nursing her that she picked her up from the floor unconscious at six o`clock in
the morning. She was conscious when he saw her. He ordered her to be put to
bed. He could tell that the soft spot and the black eye were injuries which had
been inflicted about two days. The spot at the back of the head could have been
produced by a fall on the floor that same morning, but he should say it was
probably of a couple of days` duration. He saw her on the Wednesday after the
summons was heard, and on the Thursday she was unconscious, and remained so
until the time of her death, which took place on Sunday afternoon at three
o`clock. He had made a post mortem examination of the head of the deceased, and
from the examination he was of opinion that death was due to compression of the
brain, caused by haemorrhage on the surface. The haemorrhage arose from the
rupture of a blood vessel on the brain, which would be caused by a blow or a
fall.
The Coroner:
She has been a woman of very intemperate habits for years. Would her blood
vessels be more brittle than another person`s?
Witness said
certainly, and gave it as his opinion that the fit on Tuesday morning was due
to the rupture, which had been caused on the Sunday. She was much better on the
Saturday before she attended the Court. No doubt the rupture had partially
healed. A rupture was bleeding on the brain, and any excitement like that would
have caused the haemorrhage to set in again.
The Coroner
then addressed Moore, and stated that he was not bound to make a statement
unless he desired to. It was his duty to tell him that anything he said would
be taken down and might be used in evidence against him, should the jury find
him guilty of manslaughter. At the present moment, he was bound to tell him
things look rather unfavourable, and he was afraid he would have to advise the
jury to return a verdict of manslaughter. The evidence was that the deceased
died from the effects of a blow or a fall, and that fall was caused by a blow
which was given by him. Addressing the jury, Mr. Minter went on to say that of
course it was not their duty to enquire whether Moore was justified or not, but
he told the constable that he had hit her, and that certainly went against him.
He did not think the enquiry could be concluded that day, because of the
evidence of the doctor with regard to the deceased being picked up from the
floor. That was quite a new part of the enquiry, and he thought, in justice to
Moore, evidence should be given on that point. He should therefore adjourn it
until Thursday at six o`clock, and in the meantime Moore had better consult his
friends, or his solicitor, and decide whether or not he would make a statement.
The enquiry
was continued on Thursday, when a great deal of public interest was taken.
Mr. Ward
watched the enquiry on behalf of the man Moore.
Mary Ann
Sellers said she was the wife of William Sellers, and lived at 55, North
Street. She was in the habit of going into Mrs. Phil[pott`s house every day to
light her fire. On Tuesday, the 5th of April, at half past seven in
the morning, she took the key out of the window, let herself in, and went into
the deceased`s bedroom. She found her lying flat on her back, with her head
near the cuoboard. Her hands were clenched, and she was quite unconscious.
Witness felt afraid and opened the window and shouted “Murder!”. At half past
eight she saw a little girl, and sent her for her sister (Mrs. Weatherhead)
and, between them, they got the deceased into bed. Witness then sent for Dr. F.
Eastes and he came at nine o`clock and saw her. She was unconscious then. The
doctor sent some medicine, and said he would send Dr. Dodd to attend her, as he
was going away for five weeks. Witness followed instructions, and came up to
the police court with the deceased on the Saturday morning. When she found
deceased on the floor on the Tuesday morning she was foaming at the mouth.
Dr. Dodd, re-called,
said he found her conscious when he called on Tuesday morning. He did not
notice any paralysis at the time. The foaming at the mouth indicated that she
had had a fit, and, from his post mortem examination. He was of opinion that
the fit arose from the slight haemorrhage on the brain. In his opinion the
contusion at the back of the head had not been caused that morning. That was
merely blood between the skull and the scalp, and had nothing to do with the
internal rupture.
David
Philpott said the deceased was his wife, who was 51 years of age last March. On
Sunday morning at quarter to one he was called home, and found his wife lying
on the bed. He saw that she had had a blow on her eye, and that her face was
bruised. He said “Who has done this?” and she said “Moore”. He went into the
Royal Oak and said to Moore “What did you hit her for this morning?” He said
“It served her right”. Witness said “Why didn`t you hit me?”, and witness
offered to fight him. He then went indoors and afterwards called P.C. Knowles
to look at his wife`s face. Witness left Folkestone Harbour on Sunday evening
and did not return until the next day.
Elizabeth
Rose said she was the wife of Fredk. Rose, and lived at 13, North Street. She
saw the deceased sitting on her doorstep about half past twelve on Sunday
morning. She saw her raise her hand to strike Moore, and he raised his hand and
she fell down, but witness could not say if he struck her.
DR. Dodd,
re-examined, said the foaming of the mouth and the clenched fingers on the
Tuesday would raise some doubt in his mind whether she might not have had an
epileptic fit. That might have caused a rupture of the blood vessel on the
brain. It was very probable that if the rupture on the brain had taken place on
the Sunday it would have caused a fit on the Tuesday – very probable.
Henry Moore
was then called, and having again been cautioned by the Coroner, elected to
make a statement. In answer to Mr. Ward, he said he was a painter, living in
St. John`s Road. On Sunday morning, the 3rd of April, he was going
up North Street with a couple of friends. Deceased was sitting on her doorstep,
and when she saw them coming up she said “Here comes the ----“. She came up to
him and threw a stick at him. It was a common stick, which would weigh about
three pounds. It did not strike him, and she then went deliberately up to him,
knocked his pipe out of his mouth, and broke it. He had not spoken to her
previously. Witness stooped down to pick up his pipe. She came at him again. He
put up his arm to defend himself, and she, being very drunk, fell down. He then
walked away. On several occasions she had used very abusive language against
his wife. He had heard the evidence of Knowles, but it was not true. He did not
speak to Knowles at all, and certainly did not say “I hit her; what would you
have done?”
The Coroner:
Didn`t you see Knowles in the Royal Oak? – Yes.
And did he
come back after he got Mrs. Philpott out? – Yes.
Did you hear
him say “What is it all about?” – No, sir.
Did you hit
the woman on the Sunday morning? – Not that I am aware of.
Did you hear
anyone, in answer to Knowles`s question, say “I hit her. What would you have
done?” – No; and I didn`t say it.
Did Philpott
say to you “What have you hit her for this morning?” – Yes.
And did you
say “It serves her right”? – I said I didn`t hit her.
What? – I
said it wasn`t my fault.
You say you
put your arm up and she fell down. Which part of your arm touched her? – My
elbow, I think.
You think?
You must know! – It was my elbow. I think it was her arm that struck mine. She
appeared to fall on her right side and then roll over on her back.
Then she must
have rolled uphill. Very extraordinary.
Edwin
Tappenden senr,. Edwin Tappenden junr., and Charles Tappenden all gave evidence
on Moore`s behalf.
The Coroner
having summed up the evidence at great length, the jury retired, and eventually
returned a verdict to the effect that death was caused on Sunday the 3rd
of April, in consequence of a fall, that Moore put up his arm in self defence,
and the deceased fell.
The Coroner:
Very well; it`s your verdict, not mine!
The enquiry
terminated at nine o`clock.
Folkestone Express 23-4-1892
Inquest
An inquest
was held at the Town Hall, Folkestone, on Tuesday afternoon, before J. Minter
Esq., Coroner, on the body of Mary Ann Philpott, wife of David Philpott, of 15,
North Street. The deceased had been a noted character in the fishing quarter.
The Coroner,
in opening the enquiry, said: So far as I can anticipate, there will be
evidence to show you that the deceased had had a quarrel with a man named Henry
Moore. He is summoned here as a witness, and I shall give him the opportunity
of making a statement. The enquiry is as to the cause of the death of Mary Ann
Philpott. I am told that it is alleged that there was a quarrel on Sunday
morning, the 3rd. Instant, and that she was knocked down in North
Street on a Sunday morning, and received very serious injuries to her head, the
result of which was the rupture of certain blood vessels in the brain, from which
the woman had died. I was told, but of course you will hear it presently in
evidence, that there had been a previous quarrel between her and Henry Moore.
He has been summoned here to give evidence. I don`t propose to call him until
the last to give evidence, so that he will have an opportunity of hearing the
evidence that will be given. He will then elect whether or not to make a
statement. Your duty is to enquire as to how she came by her death. If you are
satisfied she reveived the injuries from a blow or from a fall caused by a
blow, and that blow was improperly given by anyone, it will be your duty to say
whether or not it was the prisoner, and whether he is guilty of manslaughter. I
think it is only right for me to say that the deceased woman was a drunken and
very quarrelsome woman, and it was well known to the police that she was
always, when she got drunk, making complaints to the police that she had been
assaulted. Therefore I think it is right that I should call the police to give
evidence. But whether a person is drunken or not, another person has no right
to knock her down and inflict such injuries as to result in death. If you,
Moore, desire any questions to be put to the witnesses, who will be called
before the jury, and will tell me what they are, I will put them.
William Henry
Marshall, a fisherman, living at No. 5, Radnor Street, said: I identify the
body as that of Mary Ann Philpott, wife of David Philpott, of 15, North Street,
Folkestone, a fisherman. On Sunday, the 3rd inst., between twelve
and one, I was standing at the bottom of North Street. I saw the deceased woman
between her house and Mrs. Rose`s, her next door neighbour. She was standing on
the pavement. I could not say whether she had anything in her hand. There was
an old lady – Mrs. Spearpoint – with her. I saw Moore and another man come
along through the arch. The other man`s name I do not know. (A man named Edwin
Tappenden came into Court and was identified by the witness) The two men went
up North Street, so as to go opposite Mrs. Philpott`s. Mrs. Philpott walked
towards Moore, who was walking in the street. I saw Moore strike Mrs. Philpott
on the right eye with his fist. She went down on her back, and her head struck
on the pavement. I was about twenty yards off when the blow was struck. Mrs.
Spearpoint ran away from the deceased and then went back and helped her up. The
deceased laid on the pavement two or
three minutes before she was picked up. The deceased did not attempt to get up
till Mrs. Spearpoint picked her up. I saw her take hold of her arms and help
her up. I then went into my own house and did not see what became of her. I
heard there was a row the night before and I was looking at Moore and Mrs.
Philpott in consequence. Mrs. Philpott, when she got up at Tappenden, tried to
strike him. She did not hit him. She struck at him with her fist. I did not see
her throw any wood at him. Then he knocked her down. I could not say whether
she was drunk or sober.
Moore asked:
Did you see anyone else go up the street with us? – Yes, another young man. I
don`t know his name. I saw no-one else.
Mary
Spearpoint, widow of the late Richard Spearpoint, living at No. 11, North
Street, said: I knew Mary Ann Philpott. She lived two doors above me in North
Street. On Sundat the 3rd, between 12 and 1, I came out of my
sister`s and saw Mrs. Philpott sitting on her doorstep. She called out to me
“Aunt Mary”, and I went up to her. She had one arm (the left) in a sling, and a
short white stick in the other hand. Whilst I was talking to her, three men
came up the street. Henry Moore was one of them. They were walking in the
street. As they came up, she said “Here comes the three b----s”. She got up and
threw the stick at Moore. It did not hit him, I think. Then she went and
squared up at him. I think he had a pipe in his mouth. He tried to get away
from her, but she kept in front of him and would not let him pass her. I did
not see Moore strike her, but he pushed her with his hand and she went down.
His hand was open. I could not say whether his hand touched on the face or on
the body. She fell on the back of her head. I do not know how she got the black
eye. I did not notice that she had a black eye when I picked her up. Mrs. Rose,
my next door neighbour, said “Pick her up, Aunt Mary”. I said “Why don`t you –
you are younger than I am”. She said “I can`t”. I had a great job to get her up
because she was so heavy, but I did get her up, and she walked indoors. I saw
her on Monday morning with her black eye, and I was astonished to see it. I saw
Chadwick, the Town sergeant, this morning, but I did not tell him that I saw
Moore knock the woman down.
George Kirby,
landlord of the Royal Oak,
a house a door or two above the residence of the deceased, said: The deceased
was in my house on the night of Saturday the 2nd of April. I should
say she was the worse for drink. She came in between five and ten minutes to
eleven. Henry Moore was standing against the door by which she came in. She
passed him on coming in. I ws called to another room and I heard a noise. On
going back I asked what was the matter, and Moore said Mrs. Philpott had hit
him in the mouth. I know she was a very drunken and quarrelsome woman. She said
“What did you want to shove me for?” Moore said “I`d a good mind to hit her,
but I pushed her out”. He had pushed her out and the glass of the door was
broken. She stood outside using bad language for a time, calling Moore bad
names. I told her to go away and that Moore would not interfere with her if she
did not with him, and hoped she wouldn`t come into my house again. There was
never any disturbance except when she came in. I saw nothing of the disturbance
on Sunday morning. She had not been in my house. She went in after the
disturbance. Moore had told me he had been insulted again that morning by the
deceased. He said she struck at him with a piece of wood, and afterwards struck
him in the mouth and broke his pipe. He put his arm up to avoid being hit again
and she fell down. The deceased`s husband afterwards came in and wanted to
fight Moore. I saw the woman`s eye was black. As they would not leave the bar I
sent for a policemen.
P.C. Knowles
said: On Sunday the 3rd April, between 12 and 1 o`clock, I was sent
for to go to the Royal Oak. On arrival there I found the deceased, Mrs.
Philpott, her husband, her sister, Mrs. Weatherhead, Henry Moore, and others.
There was an altercation going on between the deceased and Moore. The landlord
said he wanted the people out of his house. He ordered them out, and Mrs.
Philpott declined to go. I asked Moore what all the bother was about. He said
“She struck me in the mouth and broke my pipe and I hit her – what would you
have done?” I saw the deceased afterwards inside her front door with her
husband and sister. I noticed that her right eye was blackened and there was a
bruise on her forehead. She said “Look what a face I`ve got”. I told her that
she must summons the man that struck her.
P.C. Harry
Lemar said: On Saturday the 2nd April I was on duty in North Street,
and spoke to the landlord of the Royal Oak, and asked him how the window was
broken. I heard a disturbance and saw the deceased and Henry Moore in the
street having an altercation. Mrs. Philpott was squaring up to Moore, who was
trying to get away from her. When I got to Mrs. Philpott, she said to me
“There`s a pretty b---. He hit me in the face and knocked me through that
window”. Her mouth was bleeding.
Dr. Percy
Vernon Dodd said: I was called in to see the deceased on Tuesday, the 5th
April. She had a large contusion over the right eye. The whole side of the face
was black and bruised. She complained of pains at the back of the head, and on
examining it I found there was a soft spot on the back of the centre of the
head. In my opinion it was caused by a blow or a fall. The contusion on the right
side of the forehead was also due to a blow or fall. If she had been struck by
a man`s fist on the eye and she had fallen back on the pavement the marks would
have been caused by that. I should say the injuries were due to those causes. I
attended her from the 5th until the following Monday when she
attended the Court at the hearing of a summons against Moore. She complained of
headache all the time. I advised her not to go to the Court, thinking she was
not in a state to attend. On the Tuesday morning that I was called to attend
her, I was told by an old woman who was nursing her that she had picked her up
from the floor that morning about six o`clock, in an unconscious state. She was
conscious when I saw her. I ordered her to be put to bed. The injuries to the
eye and the back of the head appeared to be of some days` duration. The sore
place on the back of the head could have been produced by the fall on the
floor, but I should say it was of two or three days` duration. No-one was
present when she fell. On Thursday she became unconscious, and remained so up
to the time of her death on Sunday. I have made a post mortem examination of
the head of the deceased, and found that death was due to compression of the
brain caused by haemorrhage on the surface. The haemorrhage arose from the
rupture of a blood vessel on the brain, which a blow or a fall might cause, and
having heard the evidence as to the blow and fall I should say it was so
caused, but cannot say whether by the blow or fall. I have heard that the deceased
was of intemperate habits, and had been for years, and that would make the
blood vessels more brittle and more likely to be ruptured. It is possible the
deceased might have ruptured the blood vessel by the fall in her bedroom, but I
should think the fit was probably more due to the rupture.
Henry Moore
was then called. The Coroner told him he was not bound to give evidence, but
anything he might say would be taken down, and should the verdict be one of
manslaughter, the evidence might be given against him. “At the present moment”
he added “in my judgement things look rather in your disfavour, because you see
this woman died from the effects of a blow or a fall, and that blow was caused
by you”. Whether there was provocation or not was another matter. He did not
think, in justice to Moore, that the enquiry should be concluded that day, so
that enquiries might be made as to the fit the deceased appeared to have had on
the Tuesday morning. If, in that fit she had a fall, it was obvious that the
rupture of the blood vessels of the brain might have taken place on that
occasion, and not on the Sunday morning when she fell on the pavement – a
matter that would weigh very seriously in the minds of the jury.
The enquiry
was then adjourned until Thursday evening at six.
The inquest
was resumed on Thursday evening. Mr. J. Ward represented Henry Moore.
The witnesses
having signed their depositions, Mary Ann Sellars, wife of William Sellars,
said: I live at 51, North Street. On Tuesday, the 5th April, I went
in to Mrs, Philpott`s to light her fire. I have done it for a long time when
she was not well. I went in at half past seven in the morning and went straight
into the bedroom which deceased usually slept in, and I found her lying flat on
her back, with her head in a cupboard, the door of which was open. Her hands
were clenched, and she was quite unconscious. I remained with her till half
past eight. There was no-one else in the house but an old lady upstairs, who
was very deaf, and I did not call her. At half past eight I sent a little girl
to call the deceased`s sister. I called “Murder!” several times before I got
anyone to hear me. I had then been with the deceased for an hour. The little
girl went to Mrs, Weatherhead, who came, and we got the deceased into bed. She
was in her night dress. Then we sent for Dr. Eastes. He attended about nine
o`clock and asked how long she had been unconscious. He examined her, and said
he would send some medicine and Dr. Dodd. He said he was going away for five
weeks. Dr. Dodd came some time after. I followed the doctor`s directions in
applying the remedies. I came to the Court and met the deceased on Saturday
morning. When she was lying on the floor I saw she was foaming at the mouth.
Dr. Dodd was
re-called, and said when he was called to see the deceased she was
semi-conscious. He did not notice any paralysis. The foaming at the mouth
indicated that she had had a fit, which, in his opinion, arose from the slight
haemorrhage on the brain. There was no indication of an epileptic fit found in
the post mortem examination. In his opinion the contusion at the back of the
head had not been received that morning.
David
Philpott, husband of the deceased, said: She was 51 years of age last March.
Her name was Mary Jane, not Mary Ann. I went to bed on Saturday evening about
half nine and got up between twelve and one in the night. I was fetched home
about a quarter to one on Sunday, and found my wife lying on the bed in the
back bedroom. I saw she had a blow on the eye, and her face was all swollen. In
consequence of what she said, I went into the Royal Oak, and I found Moore. My
wife followed me. I said to Moore “What did you hit her for this morning?” He
said “It served her right”. I said “Why didn`t you come and hit me, not her?” I
asked him to come out if he wanted to fight. I then called Policeman Knowles
and showed him my wife`s eye. I can`t say whether she was sober or drunk – she
had nothing to drink in my presence. I left the harbour on Sunday evening at
ten o`clock, and did not return till Tuesday afternoon. My wife was then having
a cup of tea. I then went upstairs.
Elizabeth
Rose, wife of Frederick Rose, of 18, North Street, said: I saw deceased sitting on her doorstep about
half past 12 on Sunday morning. I saw her raise her hand to strike Moore; he
put up his hand to defend himself and she fell down on her back. I can`t say
whether he struck her. I was in my kitchen and went up to my front door. She
was then kneeling, and Mrs Spearpoint was helping her up and I then went indoors.
Dr. Dodd was
again called and said the evidence of the woman Sellars raised a doubt in his
mind whether the deceased might not have had an epileptic fit on the Tuesday.
The foaming at the mouth and the clenched fingers might have been caused by an
epileptic fit, and then, supposing that she had fallen suddenly, the vessel on
the brain might have been ruptured. Frothing at the mouth was not an indication
of compression – it indicated nothing but an epileptic fit.
Henry Moore
was then called, and the Coroner cautioned him. He said: I am a painter,
residing at 18, St. John`s Road. On Sunday, the 3rd April, I was in
North Street about twenty minutes to one. I saw the deceased sitting on her
steps. She helloed out “Here comes the b----s”. She got up off the pavement,
ran up to me, and threw a stick at me. Then she came up and hit me in the
mouth, knocked my pipe out of my mouth and broke it, and injured one of my
teeth. I had not spoken to her at all. I stooped to pick up my pipe, and while
doing so she came at me again. I put up my arm to defend myself, and she, being
very drunk, fell down. She had often abused me, but I had never spoken to her.
I swear I did not strike her. She has frequently used abusive language to my
wife.
By the
Coroner: I saw Knowles in the Royal Oak after he had got Mrs. Philpott out. He
did not come into the room, but into the passage. I did not hear what he said.
I did not say “I hit her – what should you have done?” I saw the husband. He
asked me “What did you hit her for this morning?” I told him it was not my
fault. I think when I put my arm up, my elbow touched her. She appeared to fall
on her side and roll over on her back.
Edwin
Tappenden said he was with Moore in the Royal Oak on Saturday night and saw
deceased strike Moore. Moore pushed her out. He was with Moore on Sunday
morning going up North Street. Deceased threw a bit of wood at him, and then
struck him in the mouth and broke his pipe. He stooped to pick up the pipe, and
the woman came at him again and struck at him. He put up his arm in self
defence, and the woman fell down backwards. They walked away.
Edward
Tappenden and Charles Tappenden gave similar evidence.
The jury
retired to consider their verdict, and on their return the foreman said they
found that death was accidental, caused by Moore, in self defence, raising his
arm to protect himself, and they found that Moore did not strike the deceased,
but that she fell down accidentally.
Folkestone Herald 23-4-1892
Inquest
An inquest
was held at the Town Hall on Tuesday afternoon, before Mr. J. Minter, touching
the death of Mary Jane Philpott, wife of David Philpott, a mariner, of North
Street.
It will be
remembered that on Saturday, April 16th, deceased was prosecutrix in
a case of assault against a man named Moore, whom she alleged had struck her
and knocked her down, afterwards kicking her hip. The defendant, at the same
hearing, preferred a cross-summons against Mrs. Philpott, who, he said, had
assaulted him. The Magistrates in the end dismissed the case, each party having
to pay their own costs. When the deceased appeared before the Magistrates she
had a black eye, and walked very lame. Moore was present at the inquest.
The jury
having viewed the body, the following evidence was taken:
William Henry
Marshall identified the body as that of Mary Ann Philpott, of North Street. He
swore he saw Moore strike deceased on the right eye. He could not say if she
were drunk or sober.
Mary
Spearpoint, a widow, said a fortnight ago last Sunday she saw deceased insult
and square up to Moore, as if to fight. He tried to get her out of the way, but
could not pass her. Moore pushed deceased with his open hand, and she fell on
to the back of her head. Witness afterwards picked deceased up and led her
indoors, and was astonished on Monday morning to see her with a black eye.
George Kirby
said he was landlord of the Royal Oak, North Street. Deceased was in his house
on the night of Saturday, 2nd April, and appeared to be the worse
for drink. Moore was standing at the bar when deceased came in. Witness`s
attention was diverted for a moment to the wants of other customers, when he
heard a crash. On enquiring the cause of this Moore said Mrs. Philpott had hit
him in the mouth, and that he (Moore) had thrown her out, but did not strike her.
Deceased stood outside witness`s house for some time after this, and used bad
language. He then sent for a constable, who cleared the house.
P.C. James
Knowles deposed to being called to the Royal Oak on the day in question, and on
arrival found an altercation going on between Moore and deceased. The landlord
asked witness to clear the house, which he did. Moore remarked that deceased
had struck him in the mouth, and that he had hit her in return. Witness saw
deceased standing at her door soon after, and she called out “See what a face I
have”. Witness noticed her eye was blackened and forehead bruised, and advised
her to issue a summons against her assailant.
P.C. Henry Le
Mar gave corroborative evidence, and Dr. Todd, M.R.C.S., said he was called to
see deceased on the 5th of April. She had a large contusion over the
right eye, and one side of her face was black with bruises. She complained of
pains in the back of the head. On examination witness found a soft spot at the
back of her head, and in his opinion it was due to a blow or fall. Witness
attended her up to the time she went to the Police Court. He warned her that it
would be dangerous for her to go there, but she persisted. On the following
Tuesday, he called at her house, and an old woman told witness she had picked
up deceased in an unconscious state from the floor of the bedroom. She was
conscious when witness saw her. He ordered her to bed, and she became
unconscious on Thursday, and died on the following Sunday. Witness had made a
post mortem examination, and found that death was due to compression of the
brain, caused by haemorrhage on the surface. A blow or a fall such as had been
described by the previous witnesses would account for the injuries he had
described. Drunken habits would accelerate death in such a case.
The Coroner
said Moore could, if he desired, give evidence, but whatever he said would be
taken in evidence against him. The evidence of the doctor as to deceased being
picked up in the room unconscious had thrown a different complexion on the
case, and he should adjourn the enquiry till Thursday, for the purpose of
taking further evidence.
The adjourned
inquest was held on Thursday night, and additional evidence was taken. Mr. Ward
appeared for Moore.
Mary Ann
Sellars deposed to finding deceased in a fit in an unconscious state.
Dr. Todd,
re-called, said deceased was foaming at the mouth, and her hands were clenched,
which probably indicated an epileptic fit, and this had created a doubt in his
(the doctor`s) mind, since his last evidence, whether the death was due to the
fit or the fall.
David
Philpott, husband of the deceased, said he was away from home when the
altercation between his wife and Moore had taken place. He taxed Moore shortly
afterwards with what he had done, and he said “It served her right”.
Moore then
elected to give evidence, and was further cautioned by the Coroner. Examined by
Mr. Ward, witness said he was going up North Street on the Sunday morning, and
when opposite deceased`s house she threw a piece of wood at him, at the same
time using a foul expression, squaring up as if wanting to fight. She knocked
the pipe out of his mouth; he stooped to pick it up. Deceased again “made for”
him, and putting his arm up, for his own defence, to ward off a blow, deceased
came against him, and fell over on her side. He did not push her, nor did he
speak to P.C. Knowles about it after.
Edward
Tappenden and his two sons gave corroborative evidence, and the Coroner
reviewed the evidence in a most lucid manner.
The jury
retired, and on coming into Court gave their verdict that death was accidental,
caused by Moore, in self defence, raising his arm to protect himself, and they
found that Moore did not strike the deceased, but that she fell down
accidentally.
The Coroner
(surprised): Well, gentlemen, that is your verdict, not mine.
Folkestone
Express 4-8-1894
Wednesday, August 1st: Before J. Holden, J.
Fitness and J. Pledge Esqs.
Transfer of Licence
The
licence of the Royal Oak was transferred to Mr. Thomas Hughes
Folkestone
Chronicle 28-3-1896
Saturday, March 21st : Before J. Sherwood,
J. Holden, J. Fitness, C.J. Pursey and T.J. Vaughan Esqs.
Mr. Benjamin Spicer was granted temporary permission to
sell at the Royal Oak, North Street.
Folkestone Express
28-3-1896
Saturday, March 21st: Before J. Sherwood, C.J.
Pursey, J. Fitness, J. Holden and T.J. Vaughan Esqs.
Mr. Spicer applied for a transfer of the licence of the
Royal Oak, North Street. Granted.
Folkestone
Chronicle 23-5-1896
Saturday, May 16th: Before Messrs. J.
Holden, J. Pledge, T.J. Vaughan, and J. Fitness.
Mr. Benjamin Spicer, of the Royal Oak Inn, was granted
an occasional licence to sell at a fete at the Football Ground on Whit Monday
from noon until 9 p.m.
Folkestone Express
23-5-1896
Saturday, May 16th: Before J. Holden, J. Pledge,
T.J. Vaughan, and J. Fitness Esqs.
Mr. Spicer applied for a licence to sell at the Football
Ground on Whit Monday from twelve noon until ten at night. The Bench granted
the licence till nine.
Folkestone
Chronicle 13-6-1896
Wednesday, June 10th: Before Mr. W.G.
Herbert, and Mr. W. Wightwick.
Benjamin James Jacob Spicer was summoned for selling
intoxicating liquor without a licence at the football ground, at a fete on Bank
Holiday. Mr. Frederick Hall appeared for the defendant.
Superintendent Taylor said that the defendant was the
landlord of the Royal Oak public house. On Bank Holiday he had a booth at a
fete. About ten minutes to three witness visited it and found some forty of
fifty persons being served with liquor. He asked to see Spicer`s licence, and
he was shown a document attached to the pole of the tent. As he could not read
it at a distance he requested it to be handed to him, and this was done. It was
a justices` consent to the issuing of an excise licence, a printed copy of
which the defendant produced. He informed Spicer that this was not a licence,
and asked him if he had done as he had told him to and sent the document to the
excise authorities with a fee. Defendant said he had no recollection of being
told, and had not sent to the excise. Witness pointed out the clause on the
notice calling on him to do so. He replied that he had not noticed it. He was
directed to stop selling, which he did. Witness then fetched Mr. Welch, the
secretary of the Football Club, and explained matters to him. Spicer spoke of
going to Canterbury to get the licence, but witness pointed out that, being
Bank Holiday, all public offices would be closed. He then said he would see Mr.
Powell, the local officer of Inland Revenue. At 4 p.m. witness again saw Spicer
in Cheriton Road, when he said he had been to the Customs House, but could not
find anyone. Before leaving the field, witness had placed P.S. Lilley at the
booth, and gave him certain instructions. From what he was informed, he applied
for a summons the next day.
Cross-examined by Mr. Hall: Spicer had been in business
two or three months, and it was the first time he had held a licence. When he
applied for the licence, witness did not object, for he saw no reason why it
should not be issued. On Whit Monday he reminded defendant of what he told him
in Court. He said he did not remember, as he was talking and paying money to
Mr. Andrews. He believed other business was transacted at the Court that
morning. Witness was quite certain he told defendant. At the fete there was a
large attendance, perhaps 4,000 or 5,000. It was a very hot and “thirsty” day.
He took the summons out as he had equal powers to do so with the Excise. The
officer had informed him that the Excise were not going to take proceedings.
Witness did not see how they could, as he had already done so. The officer did
not say it was a “trumpery case”. He had never heard of a case where the Excise
refused to issue a licence when the justices had given the permit. He imputed
no corrupt motive to Spicer. He had no reason to apprehend a disturbance in the
field if the booth was closed. If there was, it would be through the defendant`s
fault.
P.S. Lilley said on the day of the fete he went to the
booth at two o`clock and asked if defendant had his licence. He said he had,
and pointed to a document, which witness took to be the Magistrates` permit by
the colour of it. As he had that, he assumed he had the Excise licence also.
About three o`clock he was called to the booth by Supt. Taylor, and given
certain instructions. At 4.15 he saw defendant, and he said he was going to
serve, acting under the advice of Mr. Powell. He then commenced to serve.
Mr. Hall proposed to call Spicer to speak as to what
took place when the licence was applied for, and also on the day, but the
Magistrates` Clerk said that had nothing to do with the case. It was not
incumbent on the Superintendent to instruct the defendant. It was quite
voluntary.
The Bench said his evidence would make no difference
whatever.
Mr. Hall, however, had the defendant sworn. He stated
that the Committee of the fete advertised for tenders for refreshments, but had
received no replies. They came to him and asked him to cater. Witness therefore
applied for his licence. He did not send the paper, but thought it was
sufficient. He carried it in his pocket, and nailed it up to the pole of the
tent, thinking it was his consent. He did not remember the Superintendent
telling him about going to Canterbury. He consulted the committee, with the
result that before he recommenced selling the 2s. 6d. was sent to Canterbury by
post. He acted under advice. Afterwards he went to Canterbury and saw several
officers, and explained matters. He had received no threat from the Inland
Revenue authorities. He thought if he refused to sell there would be a serious
row. After he commenced to sell he said he would take the risk.
By the Superintendent: The money was posted after 4
o`clock. He believed it would reach Canterbury that night.
For the defence, Mr. Hall said the man was admitted to
be new to the licensing laws. The obtaining of the Excise licence was really
only formal, and defendant had acted entirely in ignorance. The committee were
really responsible, and when their error was pointed out they did their best to
perfect the licence. He thought the aggrieved party was the Excise, and not the
police. He asked that the summons should be dismissed.
The Bench said they considered the offence a serious
one, and the defendant should have made himself properly acquainted with his
duties as a licence holder. However, under the circumstances, he would be fined
20s., costs 11s., or 14 days`.
The money was at once paid.
Folkestone Express
13-6-1896
Wednesday, June 10th: Before W.G. Herbert, and W.
Wightwick Esqs.
Benjamin James Jacob Spicer was summoned for selling
intoxicating liquor elsewhere than his own premises without a licence.
Superintendent Taylor said defendant was the landlord of the
Royal Oak, North Street. On the afternoon of the 25th May a fete was
held in the Folkestone Football Ground, Cheriton Road. Defendant had a booth
there for the sale of liquor. He visited the booth about ten minutes to three
in the afternoon, and there were from 40 to 50 people being served with drink.
He saw defendant and asked him to show him his licence. He pointed to a paper
fastened to one of the poles of the tent, and he told him he could not read it
at that distance, and asked him to show it to him. He did so, and gave him the
justices` consent to issue an excise licence, a duplicate of which he produced.
He told defendant that was not the licence, and asked him if he had not done as
he had told him – sent to the Excise.
The Magistrates` Clerk: When had you told him that?
Witness: I`ll come to that. I reminded him of that when he
obtained the justices` consent. I told him to send it to the Excise with the
fee. I pointed out the paragraph on the form where the instructions are to send
to the Excise with the fee. He said he had not noticed it. I then said “You
must stop selling, as you have no licence”. He stopped selling then, and went
and fetched Mr. Welch, the Secretary of the Football Club. I explained to him
how matters stood, and that he had no licence to sell. Defendant spoke about
going to Canterbury to get a licence, but I pointed out to him that as it was
Bank Holiday all the Government offices were closed. Defendant said he would go
and see the local officer, Mr. Powell, and went away, and the sale of drink was
stopped in the meantime. About four o`clock I saw Mr. Spicer in Cheriton Road
and spoke to him. He told me he had been to the Custom House, and could not
find anyone. I again told him he must not go on with the sale of liquor.
Previous to leaving, I placed Sergeant Lilley close to the tent, and gave him
certain instructions. From what I subsequently heard, I applied for a summons
on the following morning (Tuesday).
Mr. Wightwick: Do you mean to say 40 or 50 people were
served while you were there? – There were 40 or 50 people in the booth, and
they were being served by defendant and his assistants.
Cross-examined by Mr. Hall: How long has defendant been in
business as a licence holder? – About two or three months.
You know, of your own knowledge, that he has lived in the
town and that it is the first time he has held a licence? – That is so.
When he applied, on the 16th of May, for a
justices` consent for an occasional licence you offered no objection? –
Certainly not.
You saw no reason why a licence should not be granted to
sell on an occasion of that sort? – No.
When you saw defendant on the football ground, you say you
reminded him that you had told him to get the justices` permit sent on to
Canterbury? – Yes.
That he denied? – He did not deny it.
He said he did not remember anything about it? – I have
already said that in my evidence.
He did not deny it, but he said he did not remember it? – He
replied “I don`t remember you saying it. I was paying the fee to Mr. Andrews”.
On the 16th of May you were present in Court, and
there was another case going on. Mr. Haines was applying for an early opening
licence for a house in the lower part of the town? – I cannot say if it was the
date.
You are quite positive you told Spicer to take it to
Canterbury? – Quite positive.
It was a very hot day on the Whit Monday – a thirsty day,
wasn`t it? I am not asking your opinion as an expert. – You may assume that.
He had exhibited his permit, hadn`t he – nailed his colours
to the mast? – Yes.
It was impossible for him to get a licence on that day, it
being a Bank Holiday? – It was. But consent was given on the 16th. I
also drew his attention to the paragraph on that day.
Don`t you this it was the Excise who should have taken this
up? – It came under my cognisance first, and I took it up, having equal powers
with the Excise.
Did you bring it before the Watch Committee? – No.
You applied for the summons on the Tuesday, and the summons
was not issued till the 5th of June. Do you know the reason? – No.
Do you know it was on account of the Excise having refused
to prosecute in the case? – I don`t see how they could, as I had commenced.
You have made no communication to them? – No, except
verbally through Mr. Powell.
What took place with Mr. Powell? Didn`t they say they regarded it as a
trumpery case, and were not going to proceed in it? – He did not say it was
trumpery.
This permit only necessitates the payment of a small fee,
does it? – That is all.
Did you ever know a case where the Commissioners had refused
to endorse an occasional licence? – No.
It being merely a question of payment of 2s. 6d. – No. It is
a question of the issue of a licence or authority to sell.
Do you allege that the defendant acted from any other motive
than positive ignorance? – Certainly not. It was a breach of the law.
You had some of your men on the field, I believe? – Yes.
I suppose the consequences might have been serious if the
booth had been closed up all afternoon? – It would have been serious for the
committee. I can`t say that it would have been for anybody else.
Mr. Wightwick: When you told him it was necessary to get the
licence, did you call his attention to the memorandum? – Not when I handed it
to him.
Mr. Bradley (to witness): It was no part of your duty to do
what you did. It was the defendant`s duty to read it? – Exactly.
Sergeant Lilley said: On Whit Monday, May 25th, I
was on duty in the football ground, and saw defendant in charge of a booth
there. I went to the booth about three o`clock and saw defendant. I asked him
if he had got a licence. He said “Yes”, and pointed to the paper, which I took
to be the Magistrates` Permit by the colour of it. Seeing he had got that, I
took it he had got the other, and turned away. He was then serving beer. I
afterwards saw Superintendent Taylor, and received certain instructions from
him. About 4.15 I saw defendant in the booth again. He said he was going to
commence serving beer again. He said he was acting on the advice of Mr. Powell,
the Excise Officer. I pointed out to him that he was doing it at his own risk,
and I should have to report it. He said he perfectly understood that, and he
should take the risk, and then commenced selling. There were then quite 100
persons in the booth, and I left after three or four minutes.
Mr. Wightwick: I understood the Superintendent to say he
ceased supplying?
Supt. Taylor: That is so. I have another witness to prove he
continued to serve up till nine o`clock. He desisted for a time.
Mr. Hall was about to call the defendant to say what took
place in the Court, and at the field, but Mr. Bradley said it was nothing to do
with it.
Mr. Hall said he did not question the selling. He went on to
argue that the man might have been in the wrong in not reading his permit. They
had heard the Superintendent say he told Spicer to take the permit to
Canterbury, but he said he did not understand that. He ought to have done so.
He applied to the justices for permission, and paid 1s. 6d., and he thought
nothing more was necessary.
Mr. Bradley: If it was the duty of the Superintendent to
inform him, it would be important. But as it it, it is not.
Mr. Hall said he should tender the evidence to contradict what
had been said by the Superintendent. If he did not tender it, he would be
taking it as correct. There was a mutual misunderstanding.
Mr. Herbert: It makes not the slightest difference.
Mr. Wightwick: Ignorance is no excuse.
Mr. Hall: Well, I`ll call him to say what took place on the
Monday.
Defendant was then sworn, and said he was a licence holder
at the Royal Oak, and had only been there three or four months. It was the firt
time he had held a licence. The Sports Committee advertised for tenders to
supply refreshments, but as they got no replies, they applied to him to sell.
He got a magistrates` consent, and put it in his pocket, but he did not read
it. He was never told it was only a permit, and he thought it was sufficient.
He carried it in his pocket from that time till Whit Monday. On Whit Monday he
nailed it up against the post in the booth, thinking it was the consent. He did
not remember the Superintendent telling him to send it to Canterbury. There
were 5,000 or 6,000 people on the football ground. When the Superintendent
pointed out to him that it was wrong, he came to Folkestone and saw Mr. Powell,
and then went back to the field and consulted the committee, with the result
that he recommenced selling. They sent 2s. 6d. by post to Canterbury, and it
would reach there the same day. He had previously been told by the
Superintendent that it was no use sending to Canterbury as the office was
closed on Bank Holiday. On Wednesday he went to Canterbury and saw the Inland
Revenue Officers and explained the matter to them.
Mr. Bradley: We can`t have that, you know. It is not
evidence.
Mr. Hall: There was a statement made by the Inland Revenue
Officer.
Mr. Bradley: Well, you must call him. It is not of the
slightest use.
Mr. Hall: Have you had any communication from the
authorities? – No.
Do you think there would have been a serious disturbance if
the booth had been closed all the time? – I do, sir.
Mr. Bradley: The last witness warned you not to sell? – No.
The Superintendent warned me.
You said you would take the risk? – Yes.
That was after being warned? – Yes. After we sent the half a
crown away.
Superintendent Taylor: How was the money sent to Canterbury?
– By post.
At what time? – I could not say. I never looked at my watch.
Superintendent Taylor said it could not arrive there until
it was too late to give consent.
Mr. Hall said he had some other evidence, but after the
intimation from the Bench that it would be to no avail, he would not call the
witnesses. He addressed the Bench, pleading that his client was new to the
business, and it was the first time he had made such an application, and he was
therefore ignorant of the requirements. Next time, perhaps, he would employ a
solicitor to be on the safe side. He urged that the Magistrates should, under
all the circumstances, dismiss the summons. He never knew a case where there
was less need for a prosecution than in that particular one. He defendant had
erred in ignorance, and had not complied with the law in paying the half crown
fee. He hoped the Bench had made up their minds that there was no necessity for
a conviction, and that they were not going to fine the man or endorse his
licence, for it was a serious thing for a licence holder to be fined. The
owners of the house did not go into the pros and cons of the case. They simply
said “This man has been fined”, and he would be requested to quit, so that his
living was jeopardised by a trifling little matter of that description. There
was no ill intention whatever. If the Bench held that he could not be excused,
then he hoped they would take a merciful view of the case, and allow the
summons to be withdrawn. Were they, he asked, going to convict the man, and put
him into purgatory as to the ultimate effect for such a trivial offence? He did not think it was a case where the
police ought to ask for a conviction, and therefore he pleaded with the Bench
to allow the summons to be withdrawn.
Mr. Herbert, addressing the defendant, said there was no
question that he had committed a breach of the licensing laws, and it was a
breach that was considered very heinous, and he was liable to a fine of £50.
His excuse that he did not read the licence was absolutely absurd. It was his
duty as a licence holder, and the manager of a public house. He was warned by
the police not to go on selling, but he did not take the Superintendent`s
warning, and said he would take the risk. The Bench would, however, only
inflict the modified penalty of 20s.. and 11s. costs, or 14 days`
Folkestone
Chronicle 1-8-1896
Saturday, July 25th: Before Messrs. Banks,
Wightwick, Herbert, Pursey, Vaughan, Stock, and Gen. Gwyn.
Mr. Benjamin Spicer, of the Royal Oak Inn, North
Street, applied for an occasional licence to sell at the Football Club`s fete
on Bank Holiday.
Supt. Taylor said he had no objection, although he
hoped Mr. Spicer would be more careful than on the last occasion.
Mr. Spicer said there would be no fear of that.
The licence was granted.
Folkestone Express
1-8-1896
Saturday, July 25th: Before Alderman Banks,
General Gwyn, W. Wightwick, H.D. Stock, C.J. Pursey, and W.G. Herbert Esqs.
Mr. Spicer applied for an occasional licence for a fete on
August Bank Holiday. Granted.
Folkestone Express
24-10-1896
Local News
Benjamin J. Spicer, of the Royal Oak Inn, North Street, was
summoned for selling after hours. The defence was that a girl had bought some
ale in a jug earlier in the evening, and fetched it after eleven. The case was
dismissed.
Folkestone Chronicle
27-8-1898
Wednesday, August 24th: Before Captain Carter and
others.
Walter Howard was charged with stealing a pair of field
glasses, the property of Mr. B.J. Spicer, landlord of the Royal Oak, North
Street, where he had lodged. He had pawned them with a Hastings pawnbroker, and
when arrested by P.C. Lawrence, said “Quite right. I had the glasses, but
nothing else. I had been drinking several days, and this is the result”.
Mr. Spicer said he missed a watch and white shirt, and the
money from his children`s money box.
Prisoner was sentenced to one month`s hard labour.
Folkestone Up To Date
27-8-1898
Wednesday, August 24th: Before Captain Willoughby
Carter, W. Wightwick, W.G. Herbert, J. Herbert, J. Fitness, C.J. Pursey, and J.
Pledge Esqs.
Walter Hayward was charged with stealing a pair of field
glasses and a leather case, the property of Benjamin Spicer, landlord of the
Royal Oak, Folkestone.
The complainant said: I am the landlord of the Royal Oak, in
North Street. The prisoner is a lodger in my house. He came to lodge with me
about two months ago, and left on the 27th ult. On the day he left I
missed a pair of field glasses. I had previously seen them on the Saturday
before. I value the glasses and case at about 25s.
George Smith said: I am assistant at Ada Gush and Walter
Benbold`s, 48 and 49, George Street, Hastings, and recognise the prisoner. He
came to our shop on the afternoon of the 8th inst., with a pair of
field glasses, for which he asked 5s. I asked where he had got them from, and
he said he bought them in London. I advanced 5s. on them. He gave his address
as 6, Swan Avenue. I afterwards went with the constable to that address, and
found that he was not lodging there. A woman came to renew the ticket, but I
refused her application.
P.C. F. Lawrence deposed to receiving the glasses and case
(now produced) from the pawnbroker`s shop, George Street, Hastings, and
receiving the prisoner in custody at Hastings police station. The prisoner in
reply said “I had been drinking several days and this is the result”.
The prisoner pleaded guilty and expressed his regret for the
offence.
The complainant said he had also missed a cash box and a
shirt.
The prisoner denied all knowledge of the other things. He
was sentenced to a month`s hard labour.
Folkestone Herald
27-8-1898
Police Court Report
On Monday – Alderman Banks presiding – Walter Hayward was
charged with stealing a pair of field glasses in a leather case, the property
of Benjamin Spicer.
Prosecutor, landlord of the Royal Oak, deposed that the
defendant lodged in his house. He came two months before. He left on the 27th
July. The day after he left, witness missed a pair of field glasses in a case,
and other articles. Witness next saw them that morning, and he now identified
them. The glasses were hung behind the bar. He put the value at about 25s.
George Smith, assistant to a firm of pawnbrokers at
Hastings, named Gush, said he recognised the defendant, who came to the shop on
the 8th inst. He asked 5s. on a pair of field glasses. Witness asked
where he got them, and he said he bought them in London. Witness advanced him
5s. On the 23rd inst., a woman came to the shop, bringing with her a
ticket, which witness refused to renew. The defendant afterwards came to the
shop, and said he wanted the new ticket. Witness detained defendant, and sent
for a constable.
P.C. Frank Lawrence deposed that the previous evening he
received the field glasses and case, which he produced, from the shop in
Hastings. He went to the Hastings police station and there received defendant
into his custody. Witness said “I shall take you into custody on a charge of
stealing a pair of field glasses and other articles, the property of Benjamin
Spicer, of the Royal Oak”. Defendant said he had been drinking several days. At
the police station he said, when charged, “Yes, I had the glasses, but nothing
else”.
The defendant pleaded Guilty, and said he was very sorry. He
had the intention of borrowing. He felt it keenly.
The Bench sentenced him to one month`s hard. The glasses
were to be given up on payment of 5s.
Folkestone Chronicle
21-1-1899
Wednesday, January 18th: Before Messrs.
Willoughby Carter, Pledge, Vaughan and Holden.
Licence Transfer
Royal Oak, North Street, to Mr. Anson.
Folkestone Express
21-1-1899
Wednesday, January 18th: Before Capt. Carter,
James Pledge, John Holden, and T.J. Vaughan Esqs.
Mr. Joseph Anson applied for transfer of the licence of the
Royal Oak, North Street. Granted.
Folkestone Herald
21-1-1899
Folkestone Police Court
On
Wednesday last transfer was granted to the following: Mr. Hansom, Royal Oak
Folkestone Up To Date
21-1-1899
Wednesday, January 18th: Before Captain
Willoughby Carter, J. Pledge, J. Holden, and T.J. Vaughan Esqs.
Transfer
was granted for the Royal Oak, North Street, to Mr. Joseph Handsom (sic)
Folkestone Herald
9-9-1899
Folkestone Police Court
On Saturday last, Frank Care, seaman, was summoned for
assaulting Edward Delaney on the previous Sunday. He pleaded Not Guilty.
Complainant deposed: I live at 28, Walton Road, and am a
boatman on the beach. This occurred on Sunday last between one and two. I was
in the Oak public house, Fenchurch Street (sic). Defendant was there also, but
we were not in company. I went in to have a glass of ale with two friends of
mine. The defendant accused me of keeping money. I had been in partnership in a
boat with him. All of a sudden he jumped up and struck me once in the face with
his fist. I told him that I did not want any row on Sunday. Suddenly he said “I
will give you two black eyes, and I will go outside and wait for you”. He went
out. I thought the coast was clear, and I left the house about a quarter of an
hour after Care had gone. I met him coming up Fenchurch Street. I tried to get
by him. He ran after me. He caught me and knocked me down. I don`t remember
anything else until I found a woman bathing my face with water. Defendant said
“I am very sorry for what I done”. I said “You are sorry, but you have done
it”. I went home and laid down till the morning. I went to the hospital on
Monday. They put me under gas to set my collarbone. The doctor said that it was
fractured. They dressed my face. I have been to the hospital twice, and am
under treatment as an outdoor patient. The bother was about my keeping 8s. 6d.,
but I deny that I kept any money from them. I did not give Care a single word
of provocation.
George William Curtis, bricklayer, Dover Road, deposed: I
was in the Oak last Sunday. I was not in company with these men. Delaney came
in and had his glass of ale. Care spoke something about robbing of money. The
man said that he didn`t. Then Care struck him a heavy blow. Care went out, and
that is all I saw. Care said that he would wait for him and black both his
eyes.
Defendant said that complainant called him a liar, and he
caught the latter a slap. He asked him if he would come to Mr. Hart`s house.
They went up together. Delaney ran, so he went after him. Delaney pitched down
head first, and he picked him up. He said “What made you run away?” Delaney
said “Because I was afraid of you”.
Curtis said that Care left the house first. Delaney was in
the house when witness left.
William Spearpoint, who expressed a wish to give evidence,
deposed: I live at 31, Great Fenchurch Street, and am a boatman. I saw Mr. Care
and Mr. Delaney having this bit of a squall. When I got to the bottom of the
street there was a woman holding a hand basin. Mr. Care was bathing the man`s
face.
Fined 10s. and 11s. costs, or seven days`.
There was a crowded Court during this case.
Folkestone Up To Date
9-9-1899
Saturday, September 2nd: Before J. Holden, J.
Pledge, and T.J. Vaughan Esqs.
Frank Care, a boatman, was summoned for assaulting Edward
Delaney by breaking his collar bone on Sunday last. He pleaded Not Guilty.
Edward Delaney, a boatman, deposed as follows: I had
received money for the hire of a boat, and the defendant wanted a settlement.
On Sunday last he accused me of keeping the money, and suddenly jumped up and
struck me in the face with his fist. I told him I did not want any row with him
on Sunday. He then sat down and remarked “I will give you two b---- eyes, and I
will go outside and wait for you”. He went outside. My two friends had gone
then. I waited until I thought the coast was clear to go for dinner, but he met
me in Fenchurch Street. I tried to get by, but he came after me and knocked me
down. I do not remember anything until I found a woman bathing my face with
water. The defendant was there also, and said “I am very sorry for what I have
done”. I replied “You are sorry, but you have done it”. I went home and laid
down until the Monday, when I found I had to go to the hospital. At the
hospital I was put under gas, in order that a broken collar bone might be set.
There were four boats. Two of them belonged to Mrs. May. I and the defendant
and William Hart worked the boats. The arrangement had been in existence for
three or four weeks.
George William Kirby said: I am a bricklayer. I was in the
Oak last Sunday. I was not in the company of the complainant and defendant. I
went into the Oak with another man for a glass of ale. I saw the defendant
strike the complainant a heavy blow in the face and use threatening language.
The defendant threatened to wait for the complainant and black both his eyes. I
did not see the assault in the street.
The defendant told the Magistrates that the complainant fell
down while running away. He saw him fall down and picked him up. He said “Why
did you run away?” The reply was “Because I was afraid”, and the response in
return “You need not have been so”.
William Spearpoint, the next witness, was called on behalf
of the defendant. He said: I live in Fenchurch Street. I saw the defendant
bathing the complainant`s face about 2 p.m. That is all I know about the
matter.
The defendant was fined 10s. and 11s. costs, in default
seven days`.
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