Folkestone Chronicle 3-1-1891
Local News
At the Police
Court on Wednesday Thomas Markwick was summoned for being drunk and incapable.
Police Constable Stannage found him outside the Oddfellows Inn (sic) on
Christmas Eve, helplessly drunk. He had to obtain the assistance of Inspector
Brice to get him to the police station. Markwick, who did not appear, was fined
5s. and 9s. costs, or 14 days`.
Folkestone Express 3-1-1891
Wednesday,
December 31st: Before The Mayor, J. Fitness Esq., and Alderman
Pledge.
Thomas
Marwick, summoned for being drunk, did not appear. Sergeant Harman said the
defendant was a fisherman, and was probably at sea. He belonged to Brighton.
P.C. Stannage
said on Wednesday he saw the defendant lying outside the Oddfellows, in Radnor
Street, helplessly drunk. He and Boat Inspector Brice tried to stand him up,
but he was too drunk to stand. They therefore took him to the police station
and detained him.
The
Magistrates desired to be informed where the man got the drink, and Brice said
he saw him nearly drunk the first thing in the morning. He had probably been
drinking all the day.
Fined 5s. and
9s. costs, or 14 days`.
Holbein`s Visitors` List 7-1-1891
Saturday,
January 3rd: Before The Mayor, J. Holden Esq., Major Penfold, J.
Fitness Esq., and Alderman Pledge.
William
Samuel Frodsham was charged with assaulting a man named Carter – I`m sorry, I
don`t know his front name. Defendant said he was Guilty of striking him “and he
had cause to”.
Complainant
said he was a fish hawker, living at 9, Dover Street. About 3.30 on the
previous Saturday several of them were in the Oddfellows Arms, Radnor Street,
talking, laughing and chaffing. He was not talking to defendant at all, but all
at once the latter said “I`ll give the gentleman something” – it wasn`t
“gentleman”, but the List is a family paper – and at once knocked him down. He
remembered no more. He had never had a misword with defendant; would be very
sorry to have a misword with anybody.
By the Clerk:
I had had a glass, but was not drunk. I was neither drunk nor sober, just as
you would be at Christmas time (!!)
Defendant`s
version was that complainant had asked his “missis” to drink, and that when the
lady declined, Carter turned round and laughed in his face. Defendant then lost
his temper and struck complainant, who got up and said “What`s that for?”, to
which he replied “You know very well what it`s for”. “That`s all I`ve got to
say, gentlemen, and if you like to hear my missis she`ll tell you the same”.
1s. and 9s.
costs. Defendant paid 5s. down, and was allowed a week in which to pay the
remainder.
Folkestone Chronicle 10-1-1891
Saturday,
January 3rd: Before The Mayor, Major Penfold, Ald. Pledge, J. Holden
and J. Fitness Esqs.
William
Samuel Frodsham was summoned for assaulting a labourer named Carter at the
Oddfellows Inn (sic), on the 27th December.
Carter stated
that he lived at 9, Dover Street. On the 27th he was in the
Oddfellows Inn, Radnor Street, between three and four o`clock. He was talking
and joking with the prisoner and one or two others. They were not talking about
the prisoner, but he went up to witness, without any provocation, and struck
him in the face with his fist. The blow knocked him down, and the mark on his
face was the result. Witness did not know what his grievance was; he had never
had a misword with him in his life. Witness was not drunk. He was a little
merry – like people were at Christmas time. (Laughter)
Prisoner said
his “Missus” went to the Oddfellows Arms for him on the day in question. They
were talking together, and a man picked up a quart jug off the counter and
asked her to drink. She said “No, I drink with no man, as I have told you
before”. The prosecutor then turned round and laughed in his face. He lost his
temper and struck him.
Fined 1s. and
10s, costs.
Folkestone Express 10-1-1891
Saturday,
January 3rd: Before The Mayor, Alderman Pledge, J. Holden, J.
Fitness and S. Penfold Esqs.
William S.
Frodsham was summoned for assaulting George Carter on the 27th
December. He pleaded Guilty, but said he had cause for doing it.
Complainant,
a fisherman, of 9, Dover Street, said on Saturday he was in the Oddfellows, in
Radnor Street, about half past three, talking with four other men. Defendant
was there, but they were not talking to him, but he “up fist” and said “I`ll
give the ---- something”, and struck witness in the eye. He was not drunk, but
he was “a little merry, as he would be Christmas time”. (Laughter)
Defendant
said they were in the Oddfellows Arms. His missus went for him, and said “Bill,
I want to speak to you”. While they were talking, Carter went in front of him,
and taking a quart pot and a glass off the counter, asked his missus to drink.
She replied that she drank with no man. Carter laughed at her, and he
(defendant) lost his temper and struck him.
Defendant was
fined 1s. and 9s. costs. He paid 5s. and was allowed a week to pay the balance.
Folkestone Express 17-1-1891
County Court
Tuesday,
January 13th: Before Judge Selfe
Lewis, Hyland
and Goble v Robert Carter: Claim £1 0s. 9d. Defendant is a publican and a
boatowner. His Honour asked if the Oddfellows was a house of entertainment of a
high class. (Laughter) Committed for 14 days. Order suspended for 14 days.
John Francis
v Robert Carter: Claim £1 10s. 6d. Fresh order 10s. a month.
Folkestone Chronicle 4-4-1891
Monday, March
30th: Before Colonel De Crespigny, Surgeon General Gilbourne, Major
Penfold, and W.G. Herbert Esq.
John Murray
and Daniel Harford were charged with stealing two pairs of boots, valued at
15s. 6d., and the property of William Bull.
Charles
Smitherman, a polisher, said he was in the Royal George Inn shortly before nine
o`clock on Saturday evening, when the prisoner went into the bar and offered a
pair of boots for sale. He asked witness if he knew where he could sell them,
and he took them to Mr. Carter at the Oddfellows, but he would not buy them. He
went back to the Royal George and found Murray waiting.
Joseph
Whiting stated that Harford lodged at his house, the Bricklayer`s Arms, and on
Saturday evening both prisoners called at his bar for some beer, but he refused
to serve them.
Winifred
Whiting identified Murray as the man who called at her uncle`s house on
Saturday afternoon with a pair of elastic side boots. He waited until Harford
came in and they both went out together.
P.C. Keeler
deposed that he found Harford at 11, Fenchurch Street, a house hired by Mr.
Whiting as a lodging house. Witness asked him if he had a pair of new boots,
and he gave him the pair produced. He said he bought them at the Bricklayer`s
Arms for 3s. 6d. from a man whom he did not know. Witness took him to the
police station, and later on he went to the Marquis Of Lorne, where he found
Murray in the bar. He had been drinking.
Both
prisoners denied the charge. Murray stated that he bought the boots from a
strange man and sold them to Harford.
Each prisoner
was sentenced to one month`s hard labour.
Folkestone Express 4-4-1891
Monday, March
30th: Before Colonel De Crespigny, Surgeon General Gilbourne, Major
Penfold, and W.G. Herbert Esq.
John Murray
and Daniel Harford were charged with stealing two pairs of boots, value 15s.
10d., the property of William Bull, of High Street.
Prosecutor
said on Saturday night, about a quarter to nine, he missed a pair of boots from
outside his shop. P.C. Swain called upon him and about five minutes after he
was gone he missed a second pair.
Charles
Smitherman, a polisher, said he was in the Royal George Inn about a quarter to
nine on Saturday evening, when the prisoner Murray went in with a pair of boots
and offered them for sale. Murray asked him if he knew where he could sell
them. He took them to Mr. Carter at the Oddfellows, but he would not buy them.
He returned to the George with the boots. Murray was still there. He thought
one of the loops of the boots was broken.
Joseph A.
Whiting, landlord of the Bricklayers Arms, said Harford lodged in his house.
Both prisoners went to his bar between seven and half past seven on Saturday
evening. They called for beer but he refused to serve them.
Winifred
Whiting said she recognised Murray as having gone to her uncle`s house about
half past four on Saturday afternoon with a pair of new elastic side boots. He
asked for Dan, meaning Harford, and she told him he was not at home. He waited
until he came and they then went out into the back yard together.
P.C. Keeler
said he went to No. 11, Fenchurch Street, a house hired by Whiting as a lodging
house, and found Harford there. He asked i he had a pair of new boots, and he
showed him those produced, saying he bought them from a man he did not know,
whom he met at the Bricklayers Arms, and gave 3s. 6d. for them. Witness took
him into custody, and when charged by Sergt. Ovenden he made no reply. About
half past eleven he went to the Marquis Of Lorne, in Radnor Street, and found
Murray in the taproom asleep. He had been drinking. When charged at the police
station with stealing two pairs of boots he made no reply.
Prisoners
elected to be tried by the Magistrates. Harford pleaded Not Guilty, and Murray
Not Guilty. Murray said he bought the boots of a man and sold them to Harford.
The Bench
convicted both prisoners and sentenced them to a month`s hard labour.
Folkestone Express 23-5-1891
Thursday, May
21st: Before The Mayor and J. Fitness Esq.
Wm. Marshall
and Alfred Madden were charged with breaking a square of glass at the Oddfellows
Inn (sic) on Wednesday, and further with being absentees from the Royal
Marines, at Deal.
Mrs. Carter
said on Wednesday night, about 20 minutes to 12, the inmates were having their
supper. The house was closed. They heard a knocking at the side door, and asked
who it was. A voice replied “We want a bed”. She told him she had no bed to
let, and then the voice said “Let`s have a drink”. She told him the house was
closed. The man then made use of a bad expression, and directly after she heard
a window broken. She was looking through the window, and saw Marshall put a
stick under his arm. The value of the window which was broken was 15s. She sent
the servant for a policeman. She did not see or hear the other man, but knew
there were others in uniform. P.C. Lawrence brought the man back to the house.
Josephine
Driscoll, servant to Mrs. Carter, said she saw four men outside, and heard
Madden say “If I was you, I`d bash the ---- window”. Madden had his belt in his
hand, and a stick. Marshall struck the window three times with his stick before
it broke. They both used bad language, and ran away. Madden threatened to smash
the larger window with his belt. The other two men took no part.
P.C. Lawrence
said he saw the two defendants and two others in the Fishmarket. They were all
Marines. They ran up The Durlocks by St. Peter`s Church, and into Mr. Hyham`s
meadow. The four then made a stand, and took off their belts. He called to some
fishermen who were following to help him, and the soldiers ran away. Marshall
fell as he was getting over a fence, and he secured him. The servant identified
him as the man who broke the window. He was searched and had no pass.
P.C. Dawson
said he stopped three soldiers on East Cliff, and asked or their passes. They
said the had none – they were militiamen. He took Madden into custody.
The
defendants were each fined 5s., damages 7s. 6d., costs 6s. 6d., or seven days`
imprisonment.
Folkestone Chronicle 18-7-1891
Local News
At the
Folkestone police court on Tuesday, James McCarthy was charged with stealing a
large quantity of house linen, valued at £5 12s., the property of Miss Campbell.
From the
evidence of Henry Robus it appears that he was in charge of Miss Campbell`s
house – 67, Brockman Road. The stolen goods were safely locked in the house on
Sunday night, but he missed them on Wednesday. Upon examination he found the
storm sash at the back of the house had been broken, and also the glass in the
inner window, so that anyone could get in.
The prisoner
lodged at the Oddfellows Inn (sic), and it was stated by the landlady that he
was absent all Tuesday night and came home on Wednesday morning. He opened a
bundle and showed her the articles produced, and as she had suspicions she sent
for the police. When questioned by Supt. Taylor he said he had obtained them in
the ordinary way of dealing, but declined to say where.
Mrs. Edith
Ralph, of the Duke Of Edinburgh, stated that the prisoner offered some towels for sale at her bar, and she and
a woman named Davison bought a number, but took them to the police station
afterwards.
Statements
were also made by Stephen Bailey and Jane Davis, who were at the Oddfellows
when McCarthy returned. He asked them what they thought of his night`s work.
The
Magistrates committed him for trial.
Folkestone Express 18-7-1891
Thursday,
July 16th: Before Alderman Dunk and J. Fitness Esq.
James
McCarthy was charged with stealing a quantity of house linen, value £5 12s.,
the property of Miss Campbell, from a house in Brockman Road.
P.C. Walter
Down said he went on Wednesday at 9.30 a.m. to the Oddfellows in Radnor Street,
and there saw a bundle containing the property now produced. Prisoner
afterwards came in, and he asked if the bundle belonged to him. Prisoner said
it did, and he bought the goods in Folkestone, but declined to say where he got
them.
Prisoner: I
object to leading questions. It is against all order. It don`t give me a
chance. I haven`t got much as it is.
Witness: He
said he came by them honestly, but declined to say where he bought them, or who
he bought them of. At the police station Superintendent Taylor asked prisoner
where he got the clothes. Prisoner replied “In the ordinary way of dealing, but
I decline to tell you where”. The bundle contained ten sheets, two tablecloths,
a towel, a toilet cover, 16 pillow cases, two pairs of curtains, four valances.
They were all marked “Owen”, and had lot tickets upon them.
Henry Robus
said on the 17th July, 1889, he attended a sale of the effects of
Mr. D. Owen, at 67, Brockman Road, and purchased through Smith, a broker, lots
215 to 225, and afterwards made them up into a bundle, and took them to a house
in Brockman Road belonging to Miss Mary Campbell. There was no other furniture
in the house at the time. The house was in his charge – securely locked and the
windows were fastened. He was in the house on Sunday at 11.30, and the articles
were then safe, just as he put them there two years ago. He went to the house
on Wednesday, and the goods were then missing. He examined the house, and found
the glass of the storm sash at the back of the drawing room broken, and also
the glass of the inner window, so that anyone could get in.
Prisoner:
Where did you get your information?
Witness
declined to answer.
Prisoner:
Could a man of my size get in the window? – Yes. I could get in.
Jane Davis,
wife of a labourer, lodging at the Oddfellows Arms, said she saw the prisoner
there on Wednesday morning. He asked her to go down into the scullery and see
his night`s work. She went down, and he untied the bundle of linen. He gave her
18 towels to take up to Mrs. Carter to sell to get a drink. She was to ask 2s.
for them. She returned and told him Mrs. Carter refused to buy them, saying
they were stolen property.
Stephen
Bailey said on Wednesday he saw the prisoner in the scullery at the Oddfellows.
He showed him a bundle, and asked “What do you think of my night`s work?”, and
asked him to feel the weight of it. He opened it and showed him the sheets and
pillowcases, and offered to sell him a pair of sheets for a shilling, and also
asked him to stand a drink. When Mrs. Carter came down she sent him for a
constable.
Lucy Carter,
landlady of the Oddfellows Inn, said the prisoner was staying at her house
three weeks ago, and remained 10 days. He went away and returned on Saturday
evening, and slept at her house on Saturday, Sunday and Monday. He was absent
all night on Tuesday, and came in about seven o`clock on Wednesday. She went
into the scullery and saw prisoner there with a large bundle of linen. She
asked him to show her the things he had to sell. He opened the bundle and
showed her tablecloths and shirts. She told him he had not come by them
honestly, and that he was to take them away. She then sent for a policeman.
Prisoner left the house with some of the articles in a handbasket.
Edith Ralph,
wife of the landlord of the Duke Of Edinburgh, Tontine Street, said the
prisoner went to her private bar on Wednesday with some towels, which he asked
her to buy. She bought ten for 1s. 10d.. She saw they were marked “Owen”, and
took them to the police station.
Jemima
Davison, of 6, South Street, produced two towels which she purchased of
prisoner in the Duke Of Edinburgh for 3d.
Prisoner said
he wished to be remanded or committed for trial, and then he would make a
statement to the police which would very likely clear him, which it would not
do if he spoke it in open court. He believed he was quite justified in selling
the things, and came by them in a perfectly honest manner. He expected someone
would have been present when they knew he was in trouble, to say how he came by
them.
Prisoner was
committed for trial at the Sessions.
Folkestone Chronicle 26-9-1891
Wednesday,
September 23rd: Before J. Clarke Esq., Major Poole, J. Holden, W.
Wightwick, F. Boykett and J. Pledge Esqs.
Adjourned
Licensing Sessions
The
Oddfellows
Mr. Carter
applied for a renewal of the licence of this house, it having been held over
from the last Court.
Superintendent
Taylor said a complaint was received with reference to the conduct of the house
six weeks before the licensing day. A similar complaint was also sent to the
brewers, who promised to find a fresh tenant. He had since found that the
complaint was sent from a person who had quarrelled with Carter`s wife.
Mr. Minter
said no other complaint had ever been made.
Superintendent
Taylor said on two occasions Carter had rendered the police very valuable
assistance. The arrests could not have been made had it not been for him.
The renewal
was granted.
Folkestone Express 26-9-1891
Wednesday,
September 23rd: Before J. Clark, J. Holden, H.W. Poole, W. Wightwick, F.
Boykett and J. Pledge Esqs.
Adjourned
Licensing Day
The
Oddfellows
Robert Carter
applied for a renewal of the licence to this house.
Superintendent
Taylor said complaints were made to the Mayor as to the conduct of the house,
and also to Messrs. Rigden, the owners. The complaint was made by a woman who
had been quarrelling with Carter`s wife. Carter had on two occasions rendered
valuable assistance to the police, and they had no complaint against him.
Granted.
Folkestone Visitors` List 14-10-1891
Quarter
Sessions
The Quarter
Sessions on Monday occupied seven hours – an unusual time for Folkestone.
James
McCarthy, 29, described as an engine fitter, pleaded Not Guilty to stealing, in
a house in Brockman Road, a quantity of linen &c., the goods of Miss
Campbell, on the 16th July. Mr. Glyn prosecuted.
Prisoner
defended himself with considerable ability, and his defence was that he
received the goods from a soldier of the 17th Lancers, and was
disposing of them for him when he was apprehended. The case occupied over two
hours, and a verdict was returned of Guilty on the second charge, that of
receiving the goods knowing them to have been stolen.
The Recorder
sentenced prisoner to three months` hard labour, taking into consideration the
fact that he had already been nearly three months in prison awaiting his trial.
Folkestone Chronicle 17-10-1891
Quarter
Sessions
Monday, 12th
October: Before J.C. Lewis Coward Esq.
A true bill
was returned against James McCarthy, who was charged with having, on the 15th
of last July, stolen from the dwelling house of Mary Campbell, Brockman Road,
two dimity curtains, four valances, three pairs of linen sheets, and a number
of towels, of the value of £5 12s.
Mr. L. Glyn
prosecuted, and the prisoner, who pleaded Not Guilty, was not defended.
P.C. Walter
Down was called and stated that on Wednesday, the 15th of July,
about half past nine in the morning, he went to the Oddfellows Inn (sic),
Radnor Street. He there saw the bundle produced. It contained the articles
which were the subject of the present charge. Shortly after his arrival at the
Oddfellows, the prisoner entered. He asked him if the bundle belonged to him.
He said “Yes”. Witness asked him where he got them from, and he replied “I came
by them honestly. I bought them at Folkestone”. He then asked the prisoner to
take him to the place where he bought them, but he refused to. He told the
prisoner he should take him to the police station on suspicion of having stolen
the goods.
By the
prisoner: Witness was called to the Oddfellows about half past nine, and about
twenty minutes elapsed after he first saw the prisoner. He went to the station
quietly and seemed to take it in good humour. He did not consider it necessary
to handcuff prisoner. When he (prisoner) went into the Rendezvous, witness
waited outside for him. He suggested that witness should go back to the
Oddfellows and wait for the man who sold them.
The Recorder:
Do I understand you allowed him to go and have a drink after you arrested him?
Witness: Yes,
sir; he was determined to go.
The Recorder:
A very obliging policeman, but it is fortunate for you there wasn`t a back
door.
Supt. Taylor
said he remembered prisoner being brought to the station. Witness told him he
had been brought there on suspicion of having stolen the goods. He said he was
a dealer and had bought them. Witness asked him of whom, and he answered that
he bought them at Folkestone, and had come by them honestly.
At the
request of the prisoner Supt. Taylor produced a statement which the prisoner
made after he had been committed for trial and also a letter which he wrote in
prison. Nothing was known against him by the London Police and he could not
have obtained information easily without the prisoner`s help. There were no
scratches on his face to indicate scratches by broken glass. He found that he
was in company with a man in uniform on the Monday and Tuesday nights. Prisoner
said the man belonged to the 17th Lancers. He had seen the Sergeant
Major and had had the regiment paraded.
Henry Robus
proved having purchased the articles at the sale of Mr. Owen, for Miss
Campbell, on the 17th July. 1889. They were all marked “Owen”. He
took them to 21, Brockman Road. He visited the house on the Sunday before the
robbery. The goods were all right then.
Jane Davis
said she was employed at the Oddfellows Inn. On the morning in question
prisoner showed her the articles and asked her what she thought of his night`s
work. He gave her 13 towels to take to Mrs. Carter to sell for 2s. Mrs. Carter
said she would see about it when she came down. Mrs. Carter was ill and could
not attend that day.
Prisoner:
What`s the matter with her?
Witness:
She`s ill.
Prisoner:
Yes, with the perjury! She committed gross perjury before the Magistrates. I
shall prove it presently.
Mr. Glyn put
in a certificate, and the witness Davis said she was suffering from dropsy and
diseased kidneys.
Stephen
Bailey, labourer, said he lodged at the Oddfellows. The prisoner also asked him
what he thought of his night`s work. He asked him to lend him twopence for a
drink, and to buy a pair of sheets for 1s. He did not buy them.
Mr. Glyn then
read the depositions of Mrs. Carter, which were given before the Magistrates.
She stated that the prisoner slept at her house on Saturday, Sunday and Monday
nights. He was absent on the Tuesday night and came home at seven o`clock on
the morning of the 15th. At quarter to eight prisoner was in the
scullery, and when he asked her to buy some towels she said “You didn`t come by
these things honestly and take them out of my house. Where did you get them
from?” He said “Mind your own business”.
Edith Ralph,
wife of the landlord of the Duke Of Edinburgh, stated that the prisoner brought
some towels into the bar and she gave him 1s. 10d. for ten. When she found the
name “Owen” on them she took them up to Supt. Taylor.
Jemima
Davidson, of 6, South Street, stated that she bought two towels from prisoner
for 3d.
This was the
case for the prosecution, and prisoner called Charles William Young, Master of
the Elham Union Workhouse. He stated that prisoner was admitted to the
Workhouse Infirmary on the 24th of June and was discharged on the 13th
of July (Monday). He was in bed the whole time, and was discharged at his own
request.
Prisoner said
that proved the perjury on the part of the witness Carter, who stated that he
slept at the Oddfellows on the Saturday, Sunday and Monday, whereas he was not
discharged from the Workhouse until the Monday.
George Bean,
landlord of the Perseverance, was called on the prisoner`s behalf, but did not
put in an appearance.
Harry Stone,
alias Lucas, stated that he saw prisoner in the Perseverance at half past
twelve on Monday. He remained in his company until eleven at night. The next
day he went into the Perseverance about the same time and saw the prisoner. In
the afternoon they went to Cheriton to get a job for the prisoner. They went
back to the Perseverance, and in the evening a man came in dressed in soldier`s
clothes. It was the uniform of the 17th Lancers. They all went out
at eleven o`clock. He went with Supt. Taylor, but was unable to identify the
soldier.
Prisoner then
read a long statement. He said he had work to go to at Cheriton at five o`clock
on the Wednesday morning, and as he was the worse for drink on Tuesday night,
and fearing that he might overlay of he went to the Oddfellows, he slept under
a bathing machine on the beach. He got to the White Lion, Cheriton, at five in
the morning. His employer did not turn up and whilst he was waiting a soldier
came up with the bundle of goods. They talked for some time. He said he was
Captain Owen`s servant, and that he was going abroad and had given him
everything he did not want. He asked him (prisoner) if he knew where to sell
them, and he said very likely Mrs. Carter would buy them. The soldier said he had
another lot and if prisoner liked to take them to the Oddfellows he could have
the middle man`s profits and he would follow with the other bundle. He
(prisoner) did not know they had been stolen and carried the bundle through the
open streets, passing a large number of people on the way. Since he was
arrested he had given every assistance to the police.
The jury
found prisoner Not Guilty of stealing the goods, but Guilty on the second count
of receiving them knowing them to have been stolen, and he was sentenced to
three calendar months` hard labour.
Folkestone Express 17-10-1891
Quarter
Sessions
Monday,
October 11th: Before John Charles Lewis Coward Esq.
James
McCarthy, 29, described as an engine fitter, was indicted for stealing two
dimity curtains, three pairs of linen sheets, and other articles, the property
of Mary Campbell, and which articles were left in an unoccupied house in
Brockman Road.
Mr. Glyn,
instructed by Mr. Minter, prosecuted.
P.C. Down
said on the 15th July he went to the Oddfellows Arms, in Radnor
Street, and was there shown the bundle of things produced. He saw the prisoner
come in and asked him if the bundle belonged to him. Prisoner said “Yes”, and
added that he came by them honestly - he
bought them in Folkestone. Witness asked him to go with him to the place where
he bought them, and he said “No”. He then told prisoner he should take him to
the station on a charge of stealing them.
By the
prisoner: You took the matter lightly and good-humouredly, as though there was
nothing in it. You went into the Rendezvous and had a drink while I stood
outside.
The Recorder:
Do I understand you allowed him to go into a public house and have a drink
while you had him in charge? – He was determined to go, sir.
Supt. Taylor
said he had a conversation with the prisoner at the police station. He asked
him to account for the possession of the goods. He said “I bought them. I am a
dealer”. He asked who he bought them of, and he did not say – he said he came
by them honestly.
Prisoner
asked for the statement he made before the Magistrates, and a letter he wrote
from Canterbury to the Superintendent to be produced and read to the jury.
Supt. Taylor
put in a long statement made by the prisoner after his committal, and the
Recorder read it. It`s purport was that he received the articles of a soldier
belonging to the 17th Lancers, who, he said, was an officer`s
servant, and wanted to find a purchaser for them, and on his (prisoner`s)
suggestion he was allowed to carry the bundle to the Oddfellows. Next morning
he sold some of the towels quite openly to get a drink. The Recorder also read
a long letter written by the prisoner from Canterbury, in which he said he had
been the landlord of a public house at Devonport. He married the landlady and
they separated by mutual consent. His wife had allowed him upwards of a guinea
a week. He had also received two small legacies, and had written stories for
weekly journals, and had won money in newspaper prize competitions, so that he
had no necessity to work.
In reply to
the prisoner, Supt. Taylor said all the information he gave as to his
antecedents was correct. The London police knew nothing. He found by enquiry
that the prisoner was in company with a man in uniform two days previous to his
arrest. There was no man in the 17th Lancers of the description
given by the prisoner. There was no Capt. Owen in the 17th Lancers.
Prisoner said a man named Stone or Lucas could identify the man, and he took
Stone to the Hounslow Barracks, where the 17th Lancers had just arrived,
but he could not identify anyone. The statement made by the prisoner about his
wife was not true. She had not made him an allowance.
Henry Rebus
proved purchasing the articles at a sale of Mr. Owen`s goods in 1889, for Miss
Mary Campbell. The articles were all marked “Owen”, and had lot tickets on
them. He took them to a house belonging to Miss Campbell, 29, Brockman Road,
and locked them up in a room. He saw the things safe as late at the 14th
or 15th July of this year. He missed the things on the 19th.
The storm sash of the window had been broken open, and the things were gone.
Jane Davis,
wife of John Davis, a lodger at the Oddfellows Arms, said on Wednesday morning,
the 15th July, she saw the prisoner, who asked her to go into the
kitchen to see his night`s work. She went, and untied the bundle. He gave her
thirteen towels to take up to Mrs. Carter to sell for 2s. to get him a drink.
She took them to Mrs. Carter, and brought them back. Mrs. Carter said she would
see about them when she got up. She had seen Mrs. Carter that morning. She had
been ill for a week and was unable to attend.
Prisoner:
What is the matter with Mrs. Carter? – I don`t know.
Prisoner:
Perhaps she has got perjury the matter with her. I can prove she committed
perjury before the Magistrates.
Witness said
she had a doctor`s certificate.
In answer to
prisoner, witness said she lent him an open basket to take the towels out in.
There were about 20 people in the house.
Prisoner
caused some amusement by reading a list of the people who were in the house.
Stephen
Bailey, another lodger at the Oddfellows, said the prisoner asked him to feel
the weight of a bundle of linen. He then asked him to lend him 2d., or to give
him 1s. for a pair of sheets. When Mrs. Carter came down she sent for a
policeman.
Mr. Glyn put
in the deposition of Lucy Carter, and told prisoner the doctor had been sent
for, and when he arrived he would be allowed to put questions to him. The
deposition stated that the prisoner lodged in her house on Saturday, Sunday and
Monday, but was absent on Tuesday night. He returned early on Wednesday.
Edith Ralph,
wife of the landlord of the Duke Of Edinburgh Inn, Tontine Street, said the
prisoner went to her house with some towels in an open basket. He asked her to
buy some, and she bought 10 for 1s. 10d. In the afternoon she examined them,
and finding a name on them, she took them to the police station. Prisoner told
her he got the towels honestly.
In answer to
the Recorder, witness said she had not heard of the robbery before she took the
towels to the Superintendent.
Jemima
Davidson said she bought two towels of the prisoner in the Duke Of Edinburgh
for 3d.
Prisoner
called Charles William Young, Master of the Elham Union Workhouse, who stated
that the prisoner was admitted to the infirmary on the 24th June and
discharged on the 13th July.
Prisoner said
that proved the perjury of the witness Carter, who was so ill she could not
come.
Henry Stone,
who said “Lucas” was his nickname, said he was a plasterer, residing at
Folkestone. He saw the prisoner in the Perseverance on Monday from twelve
o`clock until five or ten minutes to eleven, and on Tuesday from 12.30 until
eleven. There was a man there in soldier`s clothes on Tuesday night. His
uniform was like that of the 17th Lancers. Prisoner said he should
like to get work in the town, and they went together about eight o`clock oto
the Pavilion Fields to see if they could get work. When they returned the
soldier was still there, and they left about eleven.
In reply to
Mr. Glyn, witness said he went to Hounslow, and saw the regiment paraded, but
did not recognise the soldier among them.
Prisoner made
a long statement, in which he attempted to show that he was innocent in
“thought, word, or deed”. Had he been guilty, it was not likely he would have
stayed in the town to be arrested.
Mr. Glyn, in
his closing remarks to the jury, said that on his own statement the prisoner
was a thief, because he said he received goods from a soldier and agreed to
find a customer for them, instead of which he sold a portion of them and spent
the money on drink.
The Recorder,
in summing up, said they must all regret to see a man possessing the ability
the prisoner had displayed standing in such a position. He commented on the
statements of the prisoner, and compared them with the evidence, pointing out
that there was proof that the prisoner was dealing with the goods very shortly
after they were stolen.
The jury,
without leaving the box, found the prisoner Guilty of receiving the goods
knowing them to be stolen.
Superintendent
Taylor produced a copy of the prisoner`s discharge from the army and a letter
he had received relating to that part of the prisoner`s statement as to his
keeping a public house. Nothing was known about him by the London police. The
address he gave was that of a court which had been pulled down for
improvements.
The Recorder
said the jury had taken a merciful view of the case. Prisoner had been in
prison three months, and he would be sentenced therefore to only three months`
hard labour.
County Court
Tuesday,
October 12th: Before Judge Selfe
Thomas Watson
v Robert Carter: There were two other judgement summonses against the
defendant, by Mr. Brooks and Mr. P.C. Upton. Mr. Fearon, for Mr. Brooks, said
the defendant was doing a large trade. Mr. Watts said the defendant had been
frequently committed, and always paid. Committed for 14 days in the first case;
order suspended for 28 days, and in the others, fresh order of £1 a month.
Folkestone Herald 17-10-1891
Quarter Sessions
Monday,
October 12th:
James
McCarthy, 29, engine fitter, was sentenced to three months` imprisonment for
stealing two dimity curtains, three pairs of linen sheets, and other articles,
the property of Mary Campbell, from an unoccupied house in Brockman Road.
Folkestone Express 6-2-1892
Before
Alderman Banks and W.G. Herbert Esq.
John Wilson
was charged with stealing two coats, value £3 15s. 0d., the property of John
Bristow.
Prosecutor, a
fly driver, in the employ of Mr. Jackson, Osborne Mews, said on the previous
evening he placed two coats in the office on the inner door. At half past seven
he missed them, and subsequently saw them at the police station.
Mrs. Lucy
Carter, of the Oddfellows Arms, said the prisoner lodged with her on Monday and
Tuesday. He went in on Wednesday about twenty minutes to nine and she saw him
in his bedroom doubling up the coats produced. He was wearing them when he came
in. She sent for the police.
P.C. Dawson
said he apprehended the prisoner. On the way to the police station he said the
coats were on his bed, and he knew nothing about them. Nothing was found on him
but a pedlar`s certificate, stating his address to be 6, Fair Road, Chatham.
He was
sentenced to one month`s hard labour.
Folkestone Chronicle 7-5-1892
Saturday,
April 30th: Before Surgeon General Gilbourne, W.G. Herbert and H.W.
Poole Esqs.
Robert
Carter, landlord of the Oddfellows Inn (sic), Radnor Street, was summoned for
having the house open for the sale of liquor during prohibited hours on the 12th
April, and also for permitting drunkenness on his premises.
Sergeant
Swift said on the 12th inst., at midnight, he went to the Oddfellows
Inn with P.C. Knowles. He saw a light burning in a room between the two bars,
and several persons drinking. There was loud talking, and two men apparently
quarrelling and using threatening language to one another. Defendant`s wife was
there. A man named Rolfe came out of the door and, seeing witness, tried to
escape. In the house there were eight persons; four of them were lodgers, and
three were Folkestone residents, Fagg, Rolfe, and Aldridge. He asked
defendant`s wife what they were doing and she said that they were lodging there
that night. Aldridge had, she said, come to call her husband up to go to sea.
There were two pint glasses half-full of beer on the table, and one half-full
of beer and ginger beer, and three other glasses which had recently contained
beer. Aldridge was very drunk, and also a lodger named Friend. He called
defendant`s wife`s attention to them, and she said they were not drunk. He told
her he should report her, and she replied “You can do what you like”.
P.C. Knowles
gave corroborative evidence.
Stephen
Bailey said he was in the house from 10 till 12. He saw Aldridge go in at 10
minutes to 11 – the worse for drink. He did not hear him call for any beer. He
did not see Mr. or Mrs. Carter draw any beer all the time he was there. Mrs.
Carter told Aldridge she hadn`t anything to serve him with. Witness was reading
the paper, and the other men were listening to him.
Mr. Mercer
said Messrs. Rigden had got the defendant out of the house.
Fined 10s.
and 9s. costs in each case.
Folkestone Express 7-5-1892
Saturday,
April 30th: Before Surgeon General Gilbourne, W.G. Herbert and H.W.
Poole Esqs.
Robert Carter,
landlord of the Oddfellows Inn, (sic) Radnor Street, was summoned for having
his house open for the sale of liquors during prohibited hours on the 12th
April, and also for permitting drunkenness on his premises at the same time.
Sergeant
Swift said on the 12th inst., at midnight, he went to the Oddfellows
Inn with P.C. Knowles. He saw a light burning in a room between the two bars,
and saw several persons there drinking. There was loud talking, and two men
apparently quarrelling and using threatening language to one another.
Defendant`s wife was there. A man named Rolfe came out of the door and went
towards the urinal. Upon seeing witness he tried to escape. In the house there
were eight persons; four of them were lodgers, and three were Folkestone residents,
Fagg, Rolfe, and Aldridge. He asked defendant`s wife what they were doing , and
she said they were lodging there that night. Aldridge had, she said, come to
call her husband up to go to sea. There were two pint glasses half full of beer
on the table, and one half full of beer and ginger beer, and three other
glasses which had recently contained beer. Aldridge was very drunk, and also a
lodger named Friend. He called defendant`s wife`s attention to them, and she
said they were not drunk. He told her he should report her, and she said “You
can do what you like”. He subsequently saw Fagg leave the house and go towards
his home.
P.C. Knowles
gave corroborative evidence. Aldridge, he said, was talking very thick, and
could scarcely sit in his chair. He saw Aldridge, Rolfe and Fagg leave the
house. Aldridge rolled against the wall as he walked.
Defendant
said he was in bed and knew nothing about the matter. There wasn`t any beer in
the house.
Mr. Mallam,
who appeared for the owners of the house, said he could understand that
probably his clients were “cutting short”.
Stephen
Bailey was called by the defendant, and said he was in the house from ten till
twelve. He saw Aldridge go in at ten minutes to eleven – the worse for drink.
He did not hear him call for any beer. He did not see Mr. or Mrs, Carter draw
any beer all the time he was there. Mrs. Carter told Aldridge she hadn`t
anything to serve him with. Witness was reading the paper and the other men
were listening to him.
Supt. Taylor
said it was the first charge which had been made against the house. Defendant
and his wife had on several occasions rendered valuable assistance to the
police in cases of robberies. It was a low class house.
Mr. Mallam
said Messrs. Rigden had got defendant out of the house by giving him three
months` notice at Christmas. When their agent went to the Magistrates` Clerk`s
office about the transfer, they then heard that there was a summons against the
defendant.
Defendant was
fined 10s. and 9s. costs in each case.
Sandgate
Visitors` List 7-5-1892
Local News
At the Folkestone Police Court on Saturday, Robert
Carter, landlord of the Oddfellows Inn, Radnor Street, was fined £1 and 18s.
costs for having his house open for the sale of liquor during prohibited hours,
and also for permitting drunkenness on the premises.
Folkestone Chronicle 14-5-1892
Wednesday,
May 11th: Before J. Fitness and E.T. Wards Esqs.
William Fagg
and Harry Aldridge, fishermen, were summoned for being found at the Oddfellows
Arms during prohibited hours on the 12th ult., and pleaded Guilty.
P.S. Swift
deposed that he found the defendants on the premises about midnight, and that
the landlord, Mr. Carter, had since been fined for the offence.
The Bench
fined defendants 1s. and 9s. costs.
Folkestone Express 14-5-1892
Wednesday,
May 11th: Before J. Fitness and E.T. Ward Esqs.
William Fagg
and Henry Aldridge were summoned for being found on licensed premises at
midnight on the 18th April. The defendants were the two men who were
found in the Oddfellows Arms at midnight.
They were
fined 1s. and 9s. costs, which they paid.
Folkestone Chronicle 2-7-1892
Local
Bankruptcy
Re. Robert
Harold Carter, of 4, East Cliff, Folkestone, lately residing and carryong on
business at the Oddfellows Arms, Radnor Street, Folkestone, fisherman. The
statement of affairs shows unsecured creditors to the extent of £176 17s. 5d.,
and creditors for rates, etc., amounting to £6 8s. 2d. The causes o failure are
alleged to be – loss of a set of heaving nets at sea, loss of £78 by a
collision with a Dover smack, and loss of fishing lugger by sinking in
Folkestone, estimated value £100.
The Official
Receiver observes: The Receiving Order was made on the debtor`s petition, and
he has been adjudicated bankrupt on his own application. The bankrupt commenced
business about 14 years ago as a fisherman at Folkestone with the boat “R.H.C”.
About eight years ago he was put into the Star public house, Radnor Street,
Folkestone, to manage the same for the brewers, and after managing it for four
years he took the Oddfellows Arms, Radnor Street, the valuation amounting to
£17. This house was carried on until 26th April last, when it was
given up upon notice from the landlord. The valuation on leaving amounted to
£97, which has to be deducted from the amount owing to the brewers, which is
stated to be £164 6s.7d. The bankrupt continued to carry on the fisherman`s
business with the boat “R.H.C” until September last, when she became
waterlogged and sank in Folkestone Harbour. Although the boat was insured for
£100, the bankrupt has been unable to recover the insurance, which only
extended to losses at sea. The furniture is claimed by the bankrupt`s wife as
having been purchased by her out of her own monies both before and after her
marriage. This claim has not yet been admitted. The bankrupt states he first
became aware that his property was insufficient to pay his debts in full about
14 years ago. The bankrupt has not kept any books of account.
Folkestone Express 9-7-1892
Bankruptcy
At the
sitting of the Bankruptcy Court on Friday, a local debtor presented himself for
examination.
Robert Harold
Carter
The debtor is
a fisherman, and formerly kept the Oddfellows Arms, Radnor Street. The total
liabilities were £176 17s. 5d. Creditors for rates &c., £6 8s. 2d., and
there were no assets.
In reply to the
Official Receiver, the debtor said he now resided at 4, East Cliff; he formerly
kept the Oddfellows Arms, and previous to that the Star Inn. He took the Star about
eight years ago. About four years ago he was put into the Oddfellows. He was
paid no salary, but had the profits on the beer – really he carried the
business on in his own name, and the licence was in his name. He paid no
valuation when he went in, but had paid it by instalments. He carried on
business until April the 26th, when he left, the landlord giving him
notice to quit. The valuation then came to £97. He had considerably increased
the valuation. He owed the brewers £165 6s. 7d., and the £97 was deducted. He
continued to carry on the fishing business, but his lugger, the “R.H.C.”, got waterlogged
and sank in Folkestone Harbour. She got waterlogged through the men leaving the
plug out whilst he was engaged one day in connection with his licence. The next
day she foundered. He did not get her up again.
The
Registrar: Then she couldn`t have been much good before she foundered? – No.
She was an old vessel.
The
Registrar: I can`t quite see how a vessel sunk in Folkestone Harbour could not
be got up again if she was worth anything.
The Official
Receiver: Was she insured for £100? – Yes.
How was it
you did not apply for the amount to be paid? – Because our insurance is only
for total loss.
It would not
be the case, then, if the vessel was sunk in Folkestone Harbour? – No.
She was on
her last legs, wasn`t she? – Yes.
The
Registrar: Did you ever try to get the insurance? – No. It was no use unless
she was a total loss.
Haven`t you
had a meeting with the committee to try to get the money? – Yes.
Did you argue
the matter with them? – No. It was no use.
Didn`t you
assert that you were entitled to it? - No. There was a rule under which I was
not entitled.
The Official
Receiver: Your wife claims the furniture. When were you married? – Fourteen
years ago on the 30th of last May.
Why does she
claim the furniture? – She bought it.
What with? –
Her own money.
Where did she
get it from? – I don`t know. It was her own earnings.
How did she
earn the money? What did she do? – She kept a lodging house.
Where? – She
used to take lodgers at the Oddfellows.
But that was
your business, wasn`t it? – She took in lodgers before.
The Official
Receiver said he could not allow the wife to have the furniture.
The
Registrar: What did you do with the boat? Did you sell it? – No. I made off
with it.
But the wood
was worth something? – Yes. The wood was sold for a sovereign.
Who sold the
material? – I was £2 in debt for harbour dues.
Then the
harbour people had the sovereign? – Yes.
Would not the
stores and sails realise more than £1? – The stores were all washed away when
she sunk.
I suppose
they were not worth much? – No.
The Official
Receiver: Do you occupy 35, Radnor Street at 5s. 8d. a week? – I have taken it
for my daughter and my nephew. The furniture in it is my daughter`s. She has
lived there about three or four years. She was my daughter by my first marriage.
She is married, and the husband earns the living by fishing. None of my
furniture is there. I have no property there belonging to my creditors.
Be careful.
Mr. Banks informs me that there is. – No.
No sails, or
ropes, or spars, or anything? – No.
Nothing from
the public house? – No.
No sails, or
wines, or spirits? – No.
Now, be very
careful! If I find it out you know you will get into trouble? – There is
nothing whatever.
You have
nothing except this furniture, which is claimed by your wife? – I have nothing,
only what I stand upright in.
During the 14
years you have been in business you have always been in trouble? – Always.
The
examination was then adjourned till the 29th.
Folkestone Chronicle 23-7-1892
Local News
The
Bankruptcy of Mr. R. Carter: The following is a list of creditors under the
bankruptcy of Mr. Robert Carter: Robert Hounsell, Bridport, about £20; W.E. and
J. Rigden, Faversham, £69; W.G. & S.P. Brett, Folkestone, £12; T.H. Franks,
Folkestone, about £23; Priestley and DeButts, Folkestone, about £10; R.
Saunders, Folkestone, about £20; and creditors under £10.
Folkestone Chronicle 8-10-1892
Saturday,
October 1st: Before Aldermen Sherwood, Pledge and Dunk, and
Councillor Holden
William
Frodsham, a fisherman, was charged with assaulting Henry Punnett on the 27th
September.
He pleaded
that what he did was in self defence.
The
complainant alleged that the defendant assaulted him in the Oddfellows Inn, and
knocked him down. When complainant got up he ran away.
The Bench
considered the assault proved, and fined the defendant 5s. and 10s. costs.
Folkestone Visitors` List 7-6-1893
Police Court
Jottings
A brutal and
unprovoked assault was partly proved against a man of colour on Thursday.
Prisoner, who
gave the somewhat favourite name among darkies of Alec Johnson, 58, labourer,
on the previous Wednesday evening, about quarter to eleven, went into the Oddfellows
Arms, kept by Mr. Whiddett, and asked Mrs. Whiddett for a bed. She told him she
had not got one to let, and, when eleven o`clock struck, requested him to
leave, upon which he up with his fist and knocked her down, she, in falling,
striking her head at the back against the mantelpiece.
Mrs. Whiddett
went to the station and gave information, and she was seen by Dr. Yunge
Bateman, who dressed her head, and, seeing it was a serious case, wished her to
go to the hospital, which, however, she declined.
The black
ruffian was afterwards apprehended by P.C.s Osborne and Gardner.
As the
injured woman was too ill to attend and give evidence, prisoner was remanded
until the 7th.
Folkestone Chronicle 10-6-1893
Local News
At the Police
Court on Wednesday, Alec Johnson, a man of colour, was charged on remand with
assaulting Mrs. Widdett, landlady of the Oddfellows Arms.
The latter
appeared to be in a very weak condition, and wore a white shawl over her head.
From the
evidence it appeared that the prisoner went to the house about 11 o`clock on
the previous Thursday, and asked for lodgings, and was told they had no room.
Prisoner would not leave the house, and when requested to do so by the
prosecutrix he struck her a violent blow in the chest. She fell down upon the
stove, and according to the evidence of Dr. Yunge Bateman, received a contused
wound, three inches in length, on her head.
Sentenced to
14 days` hard labour.
Folkestone Express 10-6-1893
Wednesday,
June 7th: Before J. Fitness and W. Wightwick Esqs., and Major Poole.
Alec Johnson,
a black man, was placed in the dock, charged with assaulting Catherine Whiddett
with intent to do her bodily harm.
Mr. Haines
watched the case on behalf of the Licensed Victuallers` Association.
Catherine
Whiddett said her husband was the landlord of the Oddfellows in Radnor Street.
It was a licensed house and they took in lodgers. On Thursday the 1st
of June at ten minutes past eleven in the evening, prisoner went into the house
and asked for lodgings. She told him they were full up. He was a stranger to
her entirely, and had never been in the house before. She said it was past
eleven and told him he had better go or he would not get a bed anywhere. He
appeared to be perfectly sober, and stood and talked for some time. She put her
hand upon his shoulder and asked him to leave. She did not put it on roughly.
When she got to the bar, prisoner struck her on the chest with his clenched
fist. He then took hold of her by the front of the dress and pushed her back.
She fell against the stove and caught the back of her head. A man named Watts
picked her up. Prisoner ran away immediately. She went to the police station,
had the injury to her head dressed, and charged the prisoner with the offence,
the prisoner being in custody when she arrived there. She had been ill since
from the effect of the blow. Witness felt it now very much, and was still weak.
She was now under medical treatment.
In answer to
the prisoner, she said she did not push him out of the door and tell him to go
away.
George Watts
said he lodged at the Oddfellows and was a whitesmith. He was not in the bar of
the house at five minutes to eleven, nor was he there when the prisoner came
in. Prisoner was there when he came into the bar, and he heard him ask Mrs.
Whiddett for a bed. She said she had got no room – she was full up. The
prisoner was in her private bar. She put her hand on his shoulder and asked him
to leave – she did not push him at all. It was close on eleven when this
occurred. Prisoner turned round and hit her on the chest, but did not say
anything. He saw the blow struck, and noticed defendant`s fists were clenched.
She fell against the stove, and her head struck against the corner. The
prisoner went out directly and left her on the floor. Witness helped
complainant up, and noticed that she was bleeding from a cut on her head. In
his opinion prisoner was sober.
Prisoner: You
say I was sober. I was not – I was drunk. I remembered nothing until the next
morning, when I awoke and found m,yself in the police station.
Albert Edward
Philpott corroborated.
Dr. Marcus
Yunge Bateman said he was called to the police station at half past eleven on
Thursday night. He made an examination of complainant and found she was
bleeding profusely from a wound at the back of her head. He sent her home, and
told her to send for her medical attendant. The wound was such as might have
been caused by a fall against a stove as described.
The prisoner
pleaded that he was drunk and knew nothing of the occurrence. He had met a
friend whom he knew very well, somewhere out Cheriton way, and they had both
had a lot to drink.
The
Magistrates fined prisoner 20s. and 10s. costs, or in default 14 days`
imprisonment with hard labour.
Prisoner was
removed in custody.
Folkestone
Herald 10-6-1893
Police Court Notes
Wednesday: Before Messrs. Fitness, Wightwick, and H.W.
Poole.
Alec Johnson, a man of colour, was charged on remand
from Friday last, with having assaulted Mrs. Catherine Whiddett, landlady of
the Oddfellows lodging house, Radnor Street, on June 1st.
Mr. Haines, solicitor, attended to watch the case on
behalf of the local Licensed Victuallers` Society.
Mrs. Catherine Whiddett, whose head was enveloped in a
bandage, and who appeared weak, was accommodated with a seat. She said on
Thursday last, about ten minutes to eleven, the prisoner, who was a stranger to
her, came to the house and asked for a night`s lodging. She told him that they
were full up. He stood there some time, and she said to him that as it was past
eleven he had better go, or he would not get a bed anywhere. Prisoner, who
appeared to be sober, remained talking, and said he had plenty of money.
Prisoner at that time was in the private part of the bar. Prosecutrix put her
hand on his shoulder gently to persuade him to go, when he struck her on the
chest with his clenched fist, and as she was falling he caught hold of her by
the front of her dress and threw her to the ground. She fell on the grate in
the bar and cut her head. She did not become insensible, but bled a great deal.
Prisoner immediately ran away. Mr. Watson picked prosecutrix up and placed her
on a chair. She was afterwards taken to the police station, where she
identified the prisoner, who was in custody. She had been very ill and weak
from the effects of the treatment, and was under the care of Dr. Barrett.
By the prisoner: She denied pushing him roughly to the
door.
George Watson, a whitesmith, lodging at the Oddfellows
lodging house, and Albert Edward Philpott gave corroborative evidence.
Dr. Bateman said he was called into the police station
about 11.30 last Thursday night to attend to the prosecutrix. He found her
bleeding profusely from a contused wound at the back of the head, about three
inches long. He stopped the bleeding and dressed the wound. Prosecutrix was
also suffering from shock. She seemed very excited, and did not realise the
extent of her injury. He sent her home and told her to call in her regular
medical attendant. The wound was such a one as would be caused by falling
against a grate.
Prisoner said he was on the road, and came into the
town on Friday night last. He had a few shillings in his pocket and went in
search of lodgings. At an hotel out Cheriton way he got drunk, falling in with
some friends he knew. When he came into town there were “thousands” round him
and he did not know what to do, for he thought they would murder him. £4 15s.
and a watch was taken out of his pocket. He was a “rank” stranger to the place,
and should not have come had he not been “boozed”.
The Chairman: That makes the case rather worse.
After consideration the Bench resolved to fine the
prisoner 20s., and costs 19s., or in default 14 days` hard labour. He was
removed in custody.
Folkestone Visitors` List 14-6-1893
Police Court
Notes
A small sized
but sturdy nigger, who gave the name of Alec Johnston, was charged on Thursday,
before Messrs. Fitness, Wightwick, and Poole, with assaulting Mrs. Whiddett,
the landlady of the Oddfellows Arms.
The
prosecutrix appeared in court with her head enveloped in wraps, and seemed in a
very weak state. According to her story, the prisoner, who had been under
remand for a week, came into her house a few minutes before eleven on the night
of Wednesday, the last day of May, and asked for a bed. She told him she was
full up, and as it was closing time, placing her hand upon his shoulder, requested
him to leave. Upon that he struck her in the chest, not a violent blow, she
admitted, but rather a push. The result, however, was that she fell backwards,
and in falling struck her head against a stove, cutting it so severely that she
had had to be under the medical treatment of DR. Barrett ever since.
Prisoner said
the woman chucked him out with both hands, and he then pushed her. What
happened afterwards he did not know, as he was drunk at the time.
That excuse
made it rather the worse, said Mr. Fitness, and in accordance with that opinion
the Bench fined him 20s. and 10s. costs, in default fourteen days.
Prisoner made
the somewhat extraordinary statement that on coming into Folkestone he was
followed by a mob of rowdies who robbed him of over £4 in money, a gold watch,
and a couple of shirts.
As he had not
a “fardin lef” he was obliged to go to Canterbury.
Folkestone Chronicle 16-9-1893
Local News
Not many
hours had elapsed since the Town Hall was occupied by a gay and brilliant
company who were enjoying the pleasures of the terpsichorean art, when a
gathering of a very different nature took place within it`s walls at eleven
o`clock on Wednesday morning. In the short space which had elapsed the Hall had
been denuded of all it`s tasty decorations and luxurious appointments, and had
put on it`s everyday appearance for the transaction of the business of the
Special Licensing Session, which had been appointed for the purpose of dealing
with the licenses to which notice of opposition had been given by the police.
At the end of
the Hall, backed by high red baize screens, raised seats had been arranged for
the accommodation of the Licensing Justices. Here at eleven o`clock the chair
was taken by Mr. J. Clark, ho was accompanied on the Bench by Alderman Pledge,
Messrs. Holden, Hoad, Fitness, Davey, Poole, and Herbert.
Immediately
in front of the Bench were tables for the accommodation of Counsel and other
members of the legal profession, while in close proximity were seats for
Borough Magistrates who were not members of the Licensing Committee, and for
the brewers and agents interested in the cases that were to occupy the
attention of the Bench. The body of the Hall was well filled with members of
the trade and the general public, whilst there was quite an array of members of
the police force who were present to give evidence.
Objection to
a Temperance Magistrate
Mr. Glyn,
barrister, who, with Mr. Bodkin, appeared in support of the opposed licenses,
made an objection at the outset against Mr. Holden occupying a seat on the
Bench. Mr. M. Bradley (solicitor, Dover), who appeared on behalf of the
Temperance Societies, rose to address the Bench on the point, but an objection
was taken on the ground that he had no locus standi. The Magistrates retired to
consider this matter, and on their return to the court they were not
accompanied by Mr. Holden, whose place on the Committee was taken by Mr,
Pursey.
Mr. Glyn`s
Opening
Mr. Glyn said
he had consulted with the Superintendent of Police, and had agreed to take
first the case of the Queen`s Head. He accordingly had to apply for the renewal
of the licence. The Queen`s Head was probably known by all the gentlemen on the
Bench as an excellent house. The licence had been held for a considerable
number of years, and the present tenant had had it since 1889. It was a
valuable property, worth some £1,500, and the tenant had paid no less than £305
valuation on entering the house. He need hardly tell the Bench that the licence
was granted a great many years ago by their predecessors, and it had been
renewed from time to time until the present. The Superintendent of Police was
now objecting on the ground that it was not required, and that it was kept
disorderly. With regard to the objection of the Superintendent to all these
licenses, he (Mr. Glyn) thought he would admit when he went into the box that
it was not an objection he was making on his own grounds, but an objection made
in pursuance of instructions received from some of the members of the Licensing
Committee. Of course a very nice question might arise as to whether under the
circumstances the requirements of the section had been complied with, and as to
the Superintendent acting, if he might say so, as agent for some of the
justices had no locus standi at all to oppose these licenses. The
Superintendent of Police, in his report, states that he raised these objections
“in pursuance of instructions received from the Magistrates”. Therefore, those
gentlemen who gave those instructions were really in this position: That having
themselves directed an enquiry they proposed to sit and adjudicate upon it. He
knew there was not a single member of that Bench who would desire to adjudicate
upon any case which he had pre-judged by directing that the case should be
brought before him for that particular purpose, and he only drew their
attention to the matter. He did not suppose it would be the least bit necessary
to enquire into it, because he felt perfectly sure, on the grounds he was going
to put before the Bench, that they would not refuse to renew any one of these
licenses. But he thought it right to put these facts before them, in order,
when they retired, that they might consider exactly what their position was.
There was
another thing, and it applied to all these applications. There was not a single
ratepayer in the whole of this borough who had been found to oppose the renewal
of any of the licenses. The first ground of objection was that the licenses
were not required. He repeated that no ratepayer could be found who was prepared
to come before the Bench and raise such a point. No notice had been given by
anybody except by the Superintendent, who had given it acting upon the
instructions of the Bench.
He understood
that even the Watch Committee, which body one generally thought would be
expected to get the ball rolling, had declined to have anything to do with the
matter, and had declined to sanction any legal advice for the purpose of
depriving his clients of what was undoubtedly their property. He ventured to
say, with some little experience of these matters, that there never was a case
where licenses were taken away on the ground that they were not required,
simply because some of the learned Magistrates thought the matter ought to be
brought before them, without any single member of the public raising any
objection to any of the licenses, and the Watch Committee not only keeping
perfectly quiet, but declining to enter into the contest.
He was
dealing with the case of the Queen`s Head, but his remarks would also apply to the
others, with the exception of the cases of three beer-houses, the licenses of
which were granted before the passing of the 1869 Act, and his client was,
therefore, absolutely entitled to a renewal. With regard to the other licenses,
they were granted a great many years ago. Although at that time the population
of the Borough was about half of what it is now the Magistrates thought they
were required then. They had been renewed from time to time since then, and
were the Magistrates really to say that licenses which were required for a
population of 12,000 were not necessary for a population of 25,000? He ventured
to say, if such an argument were raised by the other side, that it was an
absurdity. He should ask the Bench to consider first, and if they formed an
opinion on it it would save time, whether having regard to the fact that all
the licenses were granted a great many years ago when the population was
nothing what like it is now, and also that there had not been a single
conviction since the renewals last year. They were prepared to refuse the
renewal of any of the licenses. He asked them to decide upon that point,
because it decided the whole thing.
Some of the
objections were only raised on the ground that the licenses were not required;
others referred to the fact that there had been previous convictions, or that
the houses had been kept in a disorderly manner. With regard to any conviction
before the date of the last renewal he contended that the Bench had, by making
the renewal, condoned any previous offence. In not one single instance had
there been a conviction during the past year in respect of one of the houses
for which he asked for a renewal, and he ventured to put to the Bench what he
understood to be an elementary principle of British justice, that they would
not deprive the owner of his property simply because it was suggested that the
house had not been properly conducted, and where that owner had never had an
opportunity of appearing before the Bench in answer to any charge which had been
brought against his tenant. He challenged anybody to show that there was a
single case in any Bench where a license had been taken away after renewal
without there being a criminal charge made against that house, but only a
general charge to the Licensing Committee.
Mr. Bodkin,
who followed, reminded the Bench of their legal position with regard to the
renewal of licenses, and quoted the judgement of Lord Halsbury in the case of
Sharpe v Wakefield, in which he said in cases where a licence had already been
granted, unless some change during the year was proved, they started with the
fact that such topics as the requirements of the neighbourhood had already been
considered, and one would not expect that those topics would be likely to be
re-opened. Continuing, Mr. Bodkin said that was exactly the position they were
in that morning. There had been no change with respect to these houses except
that Folkestone had increased in population, and there had been an absence of
any legal proceedings against any of the persons keeping these houses. He
ventured to say it would be inopportune at the present time to take away
licenses where they found the change had been in favour of renewing them.
Mr. Minter
said he appeared for the tenants of the houses, and he endorsed everything that
had fallen from his two learned friends, who had been addressing them on behalf
of the owners. Mr. Glyn referred to the population having increased twofold
since the licenses were granted, and he (Mr. Minter) would point out that while
the population had increased no new licenses had been granted for the past
twelve years. Mr. Minter then referred to the fact that there was not a single
record on the licenses of any one of the tenants. Was there any argument he
could use stronger than that? As to the objection that the houses were not
required for the public accommodation, he was prepared to show, by distinct
evidence, that each tenant had been doing a thriving business for the last four
or five years, and that it did not decrease. How was it possible, in the face
of that, to say they were not required for the public accommodation?
Mr. Bradley
then claimed the right to address the Bench on behalf of the Temperance
Societies, but an objection was raised by his legal opponents that he had no locus
standi, as he had given no notice of his intention to appear, and this
contention was upheld by the Bench.
The Bench
then retired for a consultation with their Clerk on the points raised in the
opening, and on their return to the Court the Chairman said the Magistrates had
decided where there were allegations of disorderly conduct the cases must be
limited to during the year, and no cases prior to the licensing meeting last
year would be gone into. They thought it was right that the Superintendent should
state the cases that they might be gone into, and that the Bench might know
what the objections were.
The
Oddfellows
Mr. Glyn said
this house had been licensed since 1810, and belonged to Messrs. Rigden. It was
doing an increasing trade of from four
to five barrels a week. The only ground of objection was that it was not
required.
There are
seven licensed houses within 100 paces of the house.
Mr. C.E.
Godden, travelling agent for Messrs. Rigden and Co., said the house was
purchased for £1,100, and they had spent a considerable sum on it last year.
The present tenant, George Whiddett, had considerably increased the trade.
A Doctrine Of
Confiscation
This
concluded the list of objections, and Mr. Glyn addressed the Bench, saying the
result of the proceedings was that with regard to all the houses, except the
Tramway, there was no serious charge of any kind. As to the Tramway, he
challenged anybody to show that any Bench of Justices had ever refused to grant
licenses unless the landlords had had notices, or unless there had been a
summons and a conviction against the tenant since the last renewal. With regard
to the other houses the only question was whether they were wanted or not.
Superintendent Taylor, who, he must say, had conducted the cases most fairly
and most ably, had picked out certain houses, and he asked the Bench to deprive
the owners of their property and the tenants of their interest in respect of
those houses, while the other houses were to remain. How on earth were the
Bench to draw the line? There were seven houses in one street, and the
Superintendent objected to four, leaving the other three. In respect to one of
these there had been a conviction, and in respect of the others none. Why was
the owner of one particular house to keep his property, and the others to be
deprived of theirs? Mr. Glyn enforced some of his previous arguments, and said
if the Bench deprived his clients of their property on the grounds that had
been put forward they would be adopting a doctrine of confiscation, and setting
an example to other Benches in the county to do the same.
The Decision
The Bench
adjourned for an hour, and on their return to the Court the Chairman announced
that the Magistrates had come to the decision that all the licenses would be
granted with the exception of that of the Tramway Tavern.
Mr. Glyn
thanked the Bench for the careful attention they had given to the cases, and
asked whether, in the event of the owners of the Tramway Tavern wishing to
appeal, the Magistrates` Clerk would accept service.
Mr. Bradley:
Yes.
Folkestone Express 16-9-1893
Adjourned
Licensing Session
The special
sitting for the hearing of those applications for renewals to which the
Superintendent of Police had give notice of opposition was held on Wednesday.
The Magistrates present were Messrs. J. Clark, J. Hoad, W.H. Poole, W.G.
Herbert, J. Fitness, J.R. Davy, J. Holden, C.J. Pursey and J. Pledge.
Mr. Lewis
Glyn and Mr. Bodkin supported the applications on behalf of the owners,
instructed by Messrs. Mowll and Mowll, with whom were Mr. Minter, Mr. F. Hall,
and Mr. Mercer (Canterbury), and Mr. Montagu Bradley (Dover) opposed on behalf
of the Good Templars.
Before the
business commenced, Mr. Bradley handed to Mr. Holden a document, which he
carefully perused, and then handed to Mr. J. Clark, the Chairman.
Mr. Glyn, who
appeared for the applicants, speaking in a very low tone, made an application
to the Bench, the effect of which was understood to be that the Justices should
retire to consider the document. The Justices did retire, and on their return
Mr. Holden was not among them.
Mr. Glyn then
rose to address the Bench. He said he would first make formal application for
the renewal of the licence of the Queen`s Head. It was known to all the
gentlemen on the Bench as an excellent house, and the licence had been held for
a considerable number of years. The present tenant had held it since 1887; it`s
value was £1,500, and the present tenant had paid no less than £305 for
valuation for going into the house. The licence was granted a great many years
ago, and had been renewed from time to time. The Superintendent of Police now
opposed on the ground that it was no longer required and was kept in a
disorderly manner. First, with regard to the objections of the Superintendent,
he thought he would admit when he came into the box that it was not he who was
making the objections to all those licenses, but that they were made in
consequence of instructions received from some members of the Licensing
Committee. Of course in his view, and in their view, a very serious question
might arise, whether the Licensing Committee had any locus standi. His general
observations in that case would apply to all the cases. The Superintendent, in
raising those objections, was acting under instructions from the Licensing
Magistrates, so that they were really in this position, that they were sitting
to adjudicate in a case they themselves directed. He felt certain the Bench
would not refuse to renew one of those licenses, but he thought it right to put
the facts before them, in order that when they retired they might consider what
their position was. He also pointed out that there was not a single ratepayer
objecting to any of the renewals. The first ground of objection was that the
houses were not required. Before going further he referred to the very
important action of the Watch Committee, who were the parties one would expect
to put the law in action. But they declined to have anything to do with it, and
declined to sanction any legal advice to the Superintendent for the purpose of
depriving his clients of what undoubtedly was their property. He ventured to
think that in all his large experience in these matters that there never was a
case where a licence was taken away simply because it was not required, or
simply because some of the learned Magistrates thought it ought to be done and
instructed the Superintendent to raise objections. There were two or three of
the houses existing before 1869, and therefore his clients were entitled to a
renewal of their licenses, there having been no convictions against them during
the year. With regard to the other licenses, they were granted a great many
years ago, at a time when th population of this borough was about half what it
is now, and the Magistrates then thought they were required. They had been
renewed from time to time by that body, and were they willing to say now that
they were not required, and deprive the owners and tenants of their property
and of their licenses? There was not a single Bench in the county, which, up to
the present time, had deprived any one tenant of his licence and his property,
simply because a suggestion had been made that it was not required. There had
been one case in the county two years ago, but the party appealed to the Court
of Quarter Sessions, and that Court said the licence ought to be granted. It
would be very unfair to his clients, several of whom had spent large sums of
money on their property, to refuse a renewal of their licenses, especially
having regard to the fact that they were granted a great many years ago, and
against which there had not been a single conviction during the year. In order
to save time, he put two questions before the Magistrates:- first, were they
prepared to deprive the owners and tenants of their property, and secondly, the
licenses having all been renewed since any conviction had taken place, were
they prepared to deprive the owners of their property without their having an
opportunity and investigating the charges brought against them. It would save a
great deal of time if the Bench would consider those two points.
Mr Bodkin
followed with a few supplementary remarks. He referred to the case of “Sharpe v
Wakefield”, in which the decision had been given that a licence, whether by way
of renewal or whether it was an annual matter to be considered year by year,
and not renewed as of right. He quoted from the remarks of Lord Halsbury, who
seemed to consider that in dealing with renewals they ought not to deal with
them exactly in the same way as in new applications. He dwelt upon the fact
that last year all the licenses were renewed, and that though no new licenses
had been granted for many years, the borough had increased in population, and
there had been an entire absence of legal proceedings against any of the houses
in the past year.
Mr. Minter,
who appeared, he said, for the tenants, emphasised what had fallen from the
other two legal gentlemen, and said it would be unnecessary for him to make any
lengthy remarks. Mr. Glyn had referred to the population having increased
twofold since those licenses were granted. There was another very important
matter for consideration, and it was this. That although the population had
increased twofold since the whole of those licenses were granted, during the
last twelve years no new licenses had been granted. Mr. Glyn had also referred
to the hardship on the owners if they lost their property, having regard to the
fact that there had been no conviction against the tenants during the year, but
in addition to that he desired to call attention to what was the intention of
the legislature. The legislature had provided that in all cases where owners of
licensed houses were brought before the Bench and charged with any offence
against the licensing laws, the Magistrates had the power, if they deemed the
offence was of sufficient importance, to record that conviction on the licence.
They could do that on a second conviction, and on the third occasion the
legislature said that the licence should be gone altogether. He was happy to
say there was no record on any one of the licenses of the applicants,
notwithstanding that they might have been proceeded against and convicted
before the last annual licensing meeting. That showed they were of such trivial
account that the Magistrates considered, in the exercise of their judgement,
that it was not necessary to record it on the licence. Was there any stronger
argument to be used than that the Magistrates themselves, although they felt
bound to convict in certain cases, did not record the conviction on the
licence? He cordially agreed with the suggestion of Mr. Glyn that the
Magistrates should retire and consider the suggestion he had made, and he
thought they would come to the conclusion that all the licenses should be
renewed. There were cases where the houses could claim renewals as a right, and
in which he should be able to show the licenses existed before 1869. That
course would save a great deal of time.
Mr. Montagu
Bradley claimed to be heard on behalf of the Good Templars.
The Court
held that Mr. Bradley had no locus standi, as he had not given notice to the
applicants that he was going to oppose.
Mr. Bradley
thereupon withdrew.
The
Magistrates again retired, and on their return the Chairman said the
Magistrates had decided that where it was a question of disorderly conduct, it
was to be limited to during the year just ended, and not to go into questions
prior to the annual licensing day of last year. They thought it right that the
cases should be gone into, in order that they might know what the objections
were.
Mr. Glyn
enumerated the houses, and they were then gone into separately in the following
order:
The
Oddfellows
Mr. Glyn said
this house had a licence in 1810, and belonged to Messrs. Rigden. It was let at
£25 a year and doing four or five barrels a week. The only ground of objection
was that it was not required.
Sergeant
Swift said there were seven other licensed houses within 100 paces.
Superintendent
Taylor said there were 63 houses, and eight licensed.
Mr. Minter:
Perhaps the book is wrong. I think there are 200.
Superintendent
Taylor: It was my mistake with regard to South Street.
Charles
Edward Goddard, agent for Messrs. Rigden, said the house was purchased by them
for £1,100 in 1810. During the last ten years they had spent £600 in
improvements. The present tenant took possession in 1891. He had increased the
business considerably. The business was done with seafaring men, and he let
lodgings.
George
Widdett, tenant of the house, said he was previously County Court Bailiff at
Canterbury. He had experience in six other houses. He was doing about five
barrels a week. About eight or nine lodgers used the house – working men and
seafaring men. His trade had increased lately.
By
Superintendent Taylor: The sale of beer has increased. He averaged five barrels
a week for the first year. There were several houses near.
By Mr.
Minter: I do not take any females in.
Mr. Glyn then
addressed the Bench on the whole of the cases, and urged that no Bench had ever
refused a licence where there had been no complaint or conviction. He said the
Superintendent had conducted the cases ably and fairly, but he had picked out
several houses and asked the Bench to refuse licenses to them. How, he asked,
could they do so? It would be very nice for the owners of other houses, no
doubt. He emphasised his remarks that no Bench in the county had refused a
licence on the ground that it was not wanted. Nothing had occurred in the
neighbourhood to alter the position of things, yet Folkestone was asked, as it
were, to set an example to other boroughs in the county, and to confiscate his
clients` licenses, when there was no ground whatever for that confiscation. It
was not a small matter. It was not a question of £15. The lowest value was put
at £800. The ground of objection was merely that the licenses were not wanted,
although they had been in existence many years, and the owners had spent large
sums of money on the houses on the faith of the licenses which the justices`
predecessors had granted, and which they themselves had renewed. The population
had largely increased, and the Magistrates had refused to grant fresh licenses
because they thought there were sufficient. He ventured to submit that they
would not do what other Benches had refused to do, and deprive his clients of
their property. They looked to the Magistrates to protect their property and
their interests. If there had been any strong views in operation against the
licenses among the public, it would be different. But they had not expressed
any such views. There was the Watch Committee, the proper authority to raise
those points, who had declined to support the objection, which came from a
member of their body, who was not present, and who had not taken part in the
proceedings. He asked them, without any fear of the result, to say that under
all the circumstances they were not going to deprive his clients of their
licenses.
There was
some applause when Mr. Glyn finished his speech.
The Justices
then adjourned for an hour to consider all the cases.
On their
return Mr. J. Clark, the Chairman, said: The Magistrates have had this question
under consideration, and they have come to the decision that all the licenses
be granted, with the exception of the Tramway Tavern. (Applause)
Mr. Glyn said
he need hardly say they were much obliged to the Chairman and his brother
Magistrates for the care they had given the matter. With regard to the Tramway
Tavern, he asked if they would allow him, in the event of the owners deciding
to appeal, which it was probable they would do, to serve the notice on their
Clerk.
Mr. Bradley
said there was no objection to that.
Mr. Glyn said
his friends felt they ought to acknowledge the very fair manner in which
Superintendent Taylor had conducted those proceedings.
The business
then terminated.
Folkestone
Herald 16-9-1893
Editorial
The large audience who crowded into the Licensing
Justices` Court at the Town Hall on Wednesday last were evidently
representative of the interests of the liquor trade in this Borough. Every
stage of the proceeding was watched with the closest attention, and it was
impossible not to recognise the prevalent feeling that a mistake had been
committed in objecting wholesale to the renewal of licenses. Thirteen houses in
all were objected to, but as two of them, through a technical point of law,
were entitled to a renewal, there remained eleven as to which the Justices were
asked to exercise their discretionary powers. In the event, after a long
hearing, and a weighty exposition of law and equity, the decision of the
tribunal resulted in the granting of ten of these eleven licenses and the
provisional extinction of one, as to which, no doubt, there will be an appeal.
As this journal is not an organ of the trade, and as, on the other hand, it is
not inspired by the prohibitionists, we are in a position to review the
proceedings from an unprejudiced and dispassionate standpoint. At the outset,
therefore, we must express our disapproval of the manner in which the cases of
those thirteen houses have been brought up for judicial consideration. It was
rather unfortunate that a Magistrate who is so pronounced a Temperance advocate
as Mr. Holden should have taken a prominent part in having those houses
objected to. We say nothing of his official rights; we only deprecate the
manner in which he has exercised his discretion. We think it likely to do more
harm than good to the Temperance cause, inasmuch as it savours of partiality if
not persecution. We also think that Mr. Holden would have done well not to have
taken his seat on the Licensing Bench. It would be impossible to persuade any
licence holder that the trade could find an unbiased judge in the person of a
teetotal Magistrate. Conversely, it would be impossible to persuade a
Temperance advocate that a brewer or a wine merchant could be capable of
passing an unbiased judgement upon any question involving the interests of
those engaged in the liquor traffic. The presence of Mr. Holden on the Bench
was not allowed to pass without protest. Counsel for the owners handed in a
written document, the Justices retired to consider it in private, and as the
result of that consultation Mr. Holden did not resume the seat he had
originally taken. The legal and other arguments urged by the learned Counsel
for the owners and the tenants are fully set out in our report. We attach
special importance to one contention, which was urged with a degree of
earnestness that made a deep impression in Court, and will make a deeper
impression outside. All these houses, be it remembered, had had a renewal of
licence at the annual licensing meeting held last year. At that date the
discretionary power of the Court had been as firmly established in law as it is
at the present moment. At that date whatever laxity had taken place during the
previous year in respect of the conduct of any one of those thirteen houses had
been condoned by the renewal of the licence. At that date the congestion of
public houses in particular parts of the town was as notorious as it is now,
and nothing had happened in the interval to change in any material degree the
general circumstances which prevailed in 1892 when the licences were renewed.
In no single case out of the thirteen has there been a conviction recorded on
the licence since the licenses were renewed in 1892, and under these
circumstances it was argued by Counsel that to extinguish any one of these
licences would amount to an act of confiscation. There can be no pretence for
saying, therefore, that the objections raised this year to the renewal of the
licences originated in the laches of the tenants themselves. They had their
origin with either the Bench as a whole or a section of the Bench, and it was
at the instance of the whole body or of a section of the Justices that the
chief officer of police was instructed to report upon the question. So far as
the ordinary course of police supervision was concerned the houses, with one
solitary exception, appeared to have had a clear record, there being no
conviction for any infraction of the Licensing Acts. It therefore savoured of
persecution to arraign the whole of these thirteen houses and to press against
them the argument that they are not required by the population, although last
year the Justices, by renewal of the licenses, had decided that they were.
Under these circumstances it was rather unfair to throw upon the Superintendent
of Police the onerous and invidious duty of making the best case he could in
support of the objections. It is only right to say that the fair and
straightforward manner in which that officer discharged the duty elicited the
commendation of everybody in Court – Bench, advocates, and general audience.
Ultimately the Justices renewed all the licenses, with the exception of that of
the Tramway Tavern, and on this case their decision will be reviewed by an
appellate court. The impression which all these cases have created, and will
leave on the public mind, is that the Temperance party have precipitated a raid
upon the liquor shops, and that in doing so they have defeated their own
object. Persecution and confiscation are words abhorrent to Englishmen. The law
fences the publican round with restrictions and penalties in abundance, but in
teh present case the houses had not come overtly within the law. To shut up the
houses would therefore savour of confiscation, although in strict law the
licence is deemed to be terminable from year to year. In the result the victory
lies with the trade, and the ill-advised proceedings against a whole batch of
houses have created a degree of sympathy for the owners and tenants which was
given expression by the suppressed cheers that were heard on Wednesday at the
close of the investigations.
Licensing
It will be remembered that on the 23rd ult.
the Justices adjourned until the 13th inst. the hearing of
objections to the renewal of the following licensed houses – Granville, British
Colours, Folkestone Cutter, Tramway, Royal George, Oddfellows (Radnor Street),
Cinque Ports, Queen`s Head, Wonder, Ship, Harbour, Jubilee, Victoria – thirteen
in all. These cases were taken on Wednesday last at the Town Hall, the large
room having been transformed for the purpose into a courtroom. The Justices
were Messrs. Clarke, Hoad, Pledge, Holden, Fitness, Poole, Herbert, Davy,
Pursey, with the Justices` Clerk (Mr. Bradley, solicitor).
Mr. Glyn, and with him Mr. Bodkin, instructed by
Messrs. Mowll and Mowll, of Dover, appeared on gehalf of the owners of the
property affected; Mr. Minter, solicitor, appeared for the tenants; Mr.
Montague Bradley, solicitor, Dover, appeared on behalf of the Folkestone Good
Templars, Sons of Temperance, Rechabites, and the St. John`s Branch of the
Church Temperance Society. Mr. Superintendent Taylor, Chief Constable of the
borough, conducted the case for the police authorities without any legal
assistance.
Mr. Glyn, at the outset, said: I appear with my learned
friend, Mr. Bodkin, in support of all these licences except in the case of the
Royal George, for the owner of which my friend Mr. Minter appears. Before you
commence the proceedings I should like you to consider an objection which I
have here in writing, and which I do not desire to read. I would ask if you
would retire to consider it before proceeding with the business.
Mr. Montague Bradley: I appear on behalf of some
Temperance societies in Folkestone.
Mr. Glyn: I submit, sir, that this gentleman has no
locus standi.
The Justices now retired to a private room, and after
about ten minutes in consultation all the Justices except Mr. Holden returned
into Court. It was understood that the objection had reference to the
appearance of Mr. Holden as an adjudicating Magistrate, that gentleman being a
strong Temperance advocate.
Mr. Glyn then proceeded to say: Now, sir, it might be
convenient if you take the Queen`s Head first, and I have formally to apply for
the renewal of the licence of the Queen`s Head. That is a house which is well
known by everybody, and by all you gentlemen whom I have the honour of
addressing, as a most excellent house. The licence has been held for a very
considerable number of years, and the present tenant has had it since 1889. It
is worth £1,500, and the present tenant paid no less than £305 valuation when
he entered that house. I need hardly tell you that the licence was granted a
great many years ago by your predecessors and it has been renewed from time to
time until now, when the Superintendent of Police has objected on the grounds
that the house is not required and that it is kept in a disorderly manner. As
to the objection made by the Superintendent, for whom I in common with all
others have the highest possible respect, I think he will admit that the objection
in not made of his own motion but that it is made in pursuance of instructions
received from some members of the Licensing Committee. Of course the point has
occurred to my learned friend and myself, and it is a very nice one, whether
under those circumstances the requirements of the Section had been complied
with, and as to whether, the Superintendent having really been acting as
agent for the Justices, he had any locus
standi at all to oppose these licences. I must leave that to your body, guided
as you will be by your most able Clerk. He knows the Section better than I do.
He knows under what circumstances and objection can be raised, and that it must
be done in open Court and not introduced in the way these objections have been
raised. These observations apply to the whole of these renewals, and you will
find in this case, sir, indeed in all these cases, that the Superintendent of
Police in raising these objections has been raising them, as he says in his
report, in pursuance of instructions he received from the Magistrates;
therefore those gentlemen who formed that body and who give the Superintendent
these instructions are really in this position, if I may so put it to them with
humility, of people complaining, by having themselves directed an inquiry, upon
which inquiry they propose to sit, and, as I understand, to adjudicate. Now,
sir, I know from some long occasional experiences of this Bench that there is
not a single member of this Bench who desires to adjudicate upon any case which
he had prejudged by directing that the case should be brought before him for a
particular purpose, and I only draw your attention to these matters because I
am perfectly certain that on the grounds I am going to place before you this
Bench will not refuse to renew any of these licences. I think it right, after
very careful attention, to put those facts before you in order that when you
retire you will consider exactly what your position is. There is another thing
I ought to say which applies to all these applications. There is not a single
person, not a single ratepayer, in all this borough – and I don`t know exactly
what the numbers are, but they are very considerable – but there is not a
single ratepayer who has been found to object to the renewal of any of these
licences. Anyone would have a right to do it if he chose, and I feel certain
that the Justices will think that where none of the outside public care to
object, this Bench will not deprive the owners and tenants of their property
simply because they themselves think that the matter ought to be brought before
them, as I understand has happened in this case, for adjudication. Now, let us
see the first ground of objection in respect of all these licences. The first
ground in respect of each of these licences is that the licence is not needed,
and I desire to make a few observations on that. I repeat that no ratepayer can
be found here who is prepared to come before the Bench and raise this point. No
notice has been given by anybody except by my friend the Superintendent, who
has told us in his report that he has been acting upon the instructions of the
Bench. But, sir, there is another and very important matter. I understand that
in the Watch Committee, which one generally thought would be expected to get
the ball rolling, if it is to be rolled at all – if, as my friend suggests,
there is any public opinion upon it that these licences are not required – the
Watch Committee has actually been approached in this case, that is to say, by
some gentlemen connected with the Corporation. I don`t know whether it is any
of the gentlemen I have the honour of addressing, but they have declined to
have anything to do with it or to sanction any such device for the purpose of
depriving my clients of what is undoubtedly their property. Therefore I venture
to think, speaking with some little experience, that there never was a case in
which licences were taken away simply because some of the learned Magistrates
thought that the matter ought to be brought before them, and instructed the
Superintendent to do so. Now, sir, I am dealing with the Queen`s Head, but
among the licences are some beerhouses that existed before the passing of the
Act of 1869, and the owner is therefore entitled to renewal, for although
notice of objection has been given on the ground of disorderly conduct there
has been a renewal, and that renewal has condoned any misconduct there might
have been. Therefore these houses are absolutely entitled to renewal. Now, sir,
with regard to these licences that were granted a great many years ago. Of
course at that time, when the population of the borough was about half of what
it is now, the Magistrates then thought they were required. Those licences have
been renewed from time to time by your body, and are you really to say now that
although these, or some of these, licences were granted when the number of
inhabitants was 12,000, whereas it is now 25,000 – these licences were not
required or are not necessary for more than double the original population? I
venture to say that such an argument reduces the thing to absurdity. Of course
I know, with regard to these houses, that in this case the Magistrates are
clothed with authority, if they choose to deprive the owners and tenants of
their property, if they think the licences are not required. But you will allow
me to point this out to the Bench, that there is not a single Bench in this
County – I am glad to be able to say – who yet have deprived an owner or tenant
of his property simply because a suggestion has been thrown out. That is at any
rate the case as far as Kent is concerned. It was done at one Bench in this
County, but when it came on appeal at the Quarter Sessions they upset the
decision of the Magistrates who had refused the renewal of the licence on that
ground. This is the only instance I know, and I am sure that I am right, where
a Bench in this County had been found to deprive an owner of his property which
you are asked to do in this way, and a tenant of his livelihood. I venture to
express my views, and I am sure that all the Bench will coincide with me, that
it would be very unfair in such cases, when owners – whether brewers or private
individuals – have paid large sums of money in respect of licensed houses, when
those licences have been renewed from year to year, when the tenants have paid
large sums in respect of valuation, and some of them have been tenants for many
years and have gained a respectable livelihood in this business – it would be
very unfair to deprive the owners and tenants of their property without giving
them compensation of any kind for being turned adrift. That brings me again to
a consideration I must bring before you, that these licences were granted at a
time when the population of the borough was about half what it is now; but now
you are asked to say that the licences are not required when the population has
become twice as much as it was when the licences were originally granted.
Perhaps my friend Mr. Minter will coincide with me that if you should consider
this point in the first place and form an opinion on it, it would save a great
deal of time. It is now a question as to whether you are, under those
circumstances, prepared to refuse the renewal of any of these licences, having
regard to the fact that there has not been a single conviction since the last
renewal. Having regard to the fact that these licences were granted so long ago
and have been renewed from time to time, having regard to the fact that there
has been no conviction in the case of any one of them during the present year,
and that if any offence had been committed prior to the last renewal it was
condoned by that renewal – are you going to deprive the owners and tenants of
their property? Now, I only desire to say another word. Some of these
objections are made on the ground that the licences are not required; others
refer to the fact that here have been previous convictions or that the houses
have not been kept in an orderly way. Of course we shall hear what the
Superintendent says, and we know that he would be perfectly fair to all sides,
but I want to make a general observation about it, and it is this; whether or
not these houses have been disorderly. As to that I think you would say that
inasmuch as in any case where there has been a previous conviction and you had renewed
the licence, that renewal condoned any previous offence. It clearly is so, and
if there had been any offence committed since the renewal we should have to
consider what was the class of offence which had been committed. But that does
not apply in this case. In no single instance has there been a conviction in
respect to any of the houses which Mr. Minter and myself ask for the renewal of
the licence, and I am going to put to you what I understand to be an elementary
proposition of law, that you would not deprive an owner of his property because
it is suggested that a house has not been properly conducted where that owner
has never had an opportunity of appearing before the Bench or instructing some
counsel or solicitor to appear before the Bench in answer to any charge under
the Act of Parliament which had been brought against his tenant. If there had
been any charge in respect of any of these houses since your last renewal, the
tenant would have been brought here, he would be entitled to be heard by counsel,
and the question would be thrashed out before the Bench. That has not been done
in any single case since you last renewed the licences of these houses, and I
am perfectly certain that no Bench in this County, and no gentleman in
Folkestone, would deprive an owner of his property simply because it has been
suggested that since the last renewal a house has not been properly conducted,
although no charge has been made against the tenant, so that he might have a
right to put the the authorities to the proof of the charge. I am not aware of
such a case, and I challenge anybody to show that there has been any single
case before any Bench where a licence has been taken away after renewal
following a conviction when there has been no criminal charge against that
house, but only a general charge after the renewal. I submit that you are not
going to deprive the owners of their property when there has been no charge of
any kind investigated in this or any other court against the holders of those
licences, and if you would retire and consider this point and give an answer
upon it, it would save us a deal of time.
Mr. Bodkin followed on the same side dealing with the
legal questions involved in the application.
Mr. Minter then addressed the Court as follows: I appear
for the tenants of these houses. The learned Counsel have been addressing you
on behalf of the owners, and though I cordially agree with everything that has
been said by them, it will be necessary for me to make a few observations. Mr.
Glyn referred to the population having increased twofold since these licences
were granted, but there is another very important consideration, and that is
this – that although the population has increased twofold since the whole of
these licences were granted, within the last twelve years, I think I am right
in saying that no new licence has been granted. Not only were the licences now
under consideration granted when the population was half what it is now, but
there has been no increase in the number of licences since that period I have
named. The second point is with respect to the hardship which would fall upon
owners if a licence were refused on the ground of convictions against the
tenant. The learned Counsel has urged that it would be unjust to take into
consideration a conviction that took place prior to the last annual licensing
meeting, and you will feel the force of that argument. What is the intention of
the Legislature? The Legislature has provided that in all cases where the
tenants of licensed houses are convicted of a breach of the Licensing Laws the
Magistrates have power to record that conviction on the licence, and on a third
such conviction the Legislature says that the licence shall be forfeited
altogether. Appearing on behalf of the tenants, I am happy to say that there is
no such record on the licence of any one of the applicants, and notwithstanding
that a conviction may have taken place prior to the last annual licensing
meeting, the conviction was of such a trivial character that the Magistrates
did not consider it necessary to record it on the licence. Is there any
argument to be used that is stronger than that observation? You yourselves have
decided that although you were bound to convict in a certain case, it was not
of a character that required the endorsement of the licence, and after that
conviction you renewed the licence, and again on a subsequent occasion. One
other observation occurs to me, with regard to suggestions that have been put
before you by Mr. Glyn and Mr. Bodkin, and I entirely concur in what has been
said upon it. It is very pleasing to be before you, but I think it will be
pleasing to us and you will be as pleased yourselves if time can be saved, and
if you will only retire and take into consideration the points which Mr. Glyn
has suggested to you, I think you will come to the conclusion that the
applications should be granted, but I am excepting the one or two cases in
which I appear and in which I can claim as a right to have the licence renewed
as they existed before 1869, and therefore these special cases do not arise on
the notice served upon my clients. I am sure you will not take offence if I put
it in that way, but if we have to go through each one of these cases, and I
appear for nine or ten, the tenants are all here and will have to go into the
box and be examined, and their evidence will have to be considered in support
of the application I have to make. Now let me call attention for a moment to
the notice of objection. You may dismiss from your mind the previous conviction;
the suggestion is that the houses are not required for public accommodation. I
am prepared in each case with evidence to show that the public accommodation
does require it, and the test is the business that a house does. I am prepared
to show by indisputable evidence that the tenants has been doing a thriving
business for the last four or five years, that it has not decreased, and how is
it possible with that evidence before you to say that the licence is not
wanted? You may regret, possibly, that the number of houses is larger than you
like to see, but you would not refuse to entertain the application made today
unless you were satisfied that the houses were not wanted for the public
accommodation. I hope you will take the suggestion of Mr. Glyn and that you
will renew all the licences that are applied for, particularly as there is not
a single complaint against them.
Mr. Montague Bradley: I claim the right to address the
Bench.
Mr. Minter: I object.
Mr. Bodkin: My friend must prove his notice of objection.
Mr. M. Bradley: I should like Mr. Glyn to state the
Section under which he objects to my locus standi.
Mr. Glyn: I should like to know for whom my friend
appears – by whom he is instructed.
Mr. M. Bradley: I appear on behalf of Temperance
Societies of Folkestone – Good Templars and others.
Mr. Glyn: Now, sir, I submit beyond all doubt that the
practice is clear.
Mr. M. Bradley: I think, sir, that the question ought
to be argued. I should like to hear Mr. Glyn state his objection.
Mr. Minter: We have objected on the ground that you
have not given notice of objection.
Mr. Glyn: My friend should show his right – how he
proposes to establish his right.
Mr. M. Bradley referred to Section 42, subsection 2.
Eventually the Chairman said: Mr. Montague Bradley, the
Bench are of opinion that you have no locus standi.
Mr. M. Bradley: Very well, sir.
The Justices now retired to their room.
The Chairman on their return said: The Magistrates have
decided that where there is a case of disorderly conduct it is to be limited to
within the year, and that the Superintendent is not to go into any case
previous to the annual licensing day of last year. We think it right that
Superintendent should state these cases and that they should be gone into in
order that we may know what these objections are.
The cases not eliminated by this decision were then
proceeded with, seriatim, and are noticed below in the order in which they were
called.
The Oddfellows
Mr. Glyn pointed out that this licence had existed
since 1810, and was probably the oldest one in the borough. It belonged to
Messrs. Rigden, and was let at £20 per annum. The ground of objection was not
misconduct, but that it was not required.
Sergeant Swift and Superintendent Taylor gave evidence
in support of the objection, while in support of the licence Mr. C.E. Godden, travelling
agent for Messrs. Rigden, said that the house was purchased by his firm in 1810
at £1,100, and £600 had been spent on it during the last ten years in
improvements and repairs, the owners reying upon the renewal of the licence.
Geo. Whiddett, tenant, said he drew five barrel weekly,
and the house was used by lodgers.
On the conclusion of the cases Mr. Glyn rose and said:
The result of these inquiries is, sir, that in respect to all the houses except
the Tramway Tavern there is no serious charge of any misconduct of any kind. It
is only in the case of the Tramway Tavern that a serious attack has been made,
and I have already addressed you as to the Tramway Tavern. If the brewers had
notice they might have had an opportunity of testing the case, whether the
house has been properly conducted or not, and I challenge anybody to allege
that any Bench of Justices in this County other than the Bench I have alluded
to have ever refused to grant the renewal of a licence unless the landlord had
had notice, or unless there has been a summons or conviction against the
tenant. I take that point, sir. It is a technical point, but I have not the
slightest doubt that it is conclusive against the points raised. Now, with
regard to the other houses, except the beerhouses which have a positive right
of renewal. The only other question is whether the remaining houses are wanted
or not. The Superintendent of Police has conducted his case most fairly and most
ably indeed, and he picks out certain houses and asks the Magistrates to
deprive the owners of their property and the tenants of their livelihood, and
he asks that other houses may remain. How on earth are you to draw the line? There are seven houses in one street, and how
can you deprive four of them of their licence, and grant the renewal of licence
to the other three? I must again put
before you that no Bench of Magistrates in this County have refused to renew a
licence – with the exception of the case which I put before you, and in that
case they were overruled – to any old licensed house on the ground on which you
are asked to refuse, viz., because it is suggested that the house is not
wanted. The County Magistrates, as well as the Magistrates in Boroughs, have
felt this, inasmuch as their predecessors in office have granted licences upon
the faith of which repairs have been done and expenditure has been incurred, it
would be unfair to take that property away unless – as the late Lord Chancellor
pointed out – something fresh had happened to alter the neighbourhood since the
time of the last renewal. It is not suggested here that anything has occurred
with respect to any one of these houses in order to satisfy you that they
should be taken away as not being required, and I venture to submit that this
Bench at any rate would not adopt a policy of confiscation, for I cannot call
it anything else, and, as it were, set an example to other Benches in the
County by confiscating my clients` property in any of these cases, having
regard to the fact that they are old licences, having regard to the fact that
the population has increased twofold, and having regard to the fact that
nothing fresh, in the words of the Lord Chancellor, has arisen to induce you to
deprive the owners of the licences that were renewed last year. I submit that
you, gentlemen, will not be a party to the confiscation of property. It is no
small matter that you have to consider. It is not a question of £10 or £15, for
the lowest in value of the houses before you today is £800, and the licences
have been granted by your predecessors and renewed by you. Your population has
largely increased since those licences were granted, and as my friend (Mr.
Minter) has pointed out, you have refused to grant any new licences, and under
these circumstances I venture to submit that you will not deprive my clients of
their property. My clients look to you to protect their property; they have no
other tribunal. If there had been any strong view in the Borough against these
licences the public would have expressed their views by giving notice of
opposition, but they have not done it, whereas the Watch Committee, the proper
body to raise these objections, have declined to touch it. Where does the
objection come from? It comes from a member of your body, who has not taken
part in these proceedings, but who has suggested that the Superintendent of
Police should give notice in respect of these houses and have these cases
brought before you. I thank you very much for the kind way in which you have
listened to my observations and those of my friends, and without fear of the
result I am confident that you are not going to deprive my clients of their
licences, to which, I submit, the law entitles them. (Suppressed applause in
the body of the court)
It being now 2.50, the Justices adjourned for an hour,
returning into court just before 4 o`clock.
The Chairman then said: The Magistrates have had this
question under consideration, and they have come to the decision that all the
licences be granted, with the exception of the Tramway Tavern. (Suppressed
applause)
Mr. Glyn now applied that, in the event of an appeal,
notice of appeal served on the Justices` Clerk should be accepted by the
Justices.
This was at once acceded to.
Mr. Glyn: My clients all feel, sir, what the
professional men around the table knew before, the fair way in which Mr.
Superintendent Taylor has conducted these proceedings.
Folkestone Visitors` List 20-9-1893
Licensing
That the lot
of the publican, like that of the policeman in the “Pirates of Penzance”, is
not over and above a happy one, must be conceded. There is no business to which
so many pains and penalties are attached, and to embark in which a man must be
prepared to go through so keen an enquiry into his antecedents as well as his
character at the time when he applies for his licence; and in which he has at
last, by the expenditure of much time and money, obtained permission to sell,
during certain periods out of the twenty four hours fixed for him by a
tender-hearted legislature desirous that he should not overwork himself, he is
so heavily handicapped by the restrictions which surround him. In fact, the
proverbial toad under the harrow would seem to lead almost a pleasant existence
in comparison with unfortunate Mr. Boniface. His natural enemy, the
teetotaller, is ever on the alert to worry him, and, if possible, to shut up his
shop for him, totally careless at to the ruin which may accrue to him and his
family.
In pursuance
of some of these tactics some of the members of the Folkestone Licensing
Committee a twelvemonth ago discovered all at once, after a lapse of some fifteen
years, that there are too many houses in the town. How some few weeks back a
prominent member of that Committee, and a steadfast advocate of the Temperance
movement, reverted to that decision, and announced that if the brewers did not
agree among themselves as to what houses should be closed, the Committee would
forthwith proceed to act upon their own judgement, is all a matter of history.
Between the time when this announcement was made and the licensing day proper,
the Superintendent of Police, who does not seem to have held any pronounced
opinions as to the number of houses, drew up, at the request of the Committee,
an elaborate report upon that point, showing that there were in the town 130
houses; and in consequence of it he was directed to give notice to the owners
and occupiers of thirteen houses that they would be objected to at the
adjourned session.
On Wednesday,
the 13th, the Special Adjourned Session was held. The Magistrates
had wisely provided for the very great interest taken in the question by
holding the enquiry in the Town Hall, a great improvement on the stuffy little
apartment dignified by the name of a police court. As soon as the doors were
opened the body of the hall rapidly filled, the trade, of course, being present
in strong force, neighbouring towns also being represented. The teetotallers
also mustered pretty strongly, but it may here be stated that Mr. Montagu
Bradley, of Dover, who appeared for them, was objected to, and the Bench ruled
that he had no locus standi; or in other words the Magistrates could decide the
questions that would be submitted to them without the interference of any
outside body. So Mr. Bradley politely took his leave shortly after the
commencement of the proceedings. A somewhat singular feature in connection with
them was the large force of police in attendance in the Hall; probably the
authorities anticipated some exhibition of feeling, but none such took place,
except early in the morning a working man shouted out “How can you expect
justice from that lot? They gave me eighteen months for nothing”. He was
speedily ejected, and the business for the remainder of the day was conducted
in the most orderly manner. The Magistrates on the Bench were Messrs. Hoad,
Pledge, Pursey, Herbert, Davey, Clarke, Fitness, and Poole. Mr. Holden also
took his seat, but in deference to a written protest handed in by counsel for
the owners he retired. Mr. Glyn and Mr. Bodkin appeared for the owners,
instructed by Mr. Mowll, of Dover, Mr. F. Hall, Folkestone, and Mr. Mercer, Canterbury;
Mr. Minter, the solicitor for the Folkestone Licensed Victuallers` Association,
for the tenants.
Mr. Glyn
first opened the proceedings in a temperate and exhaustive speech, delivered
quite in the best Nisi Prius style, argumentative and without an attempt at
claptrap or sensational appeal. It was a capital forensic effort, and afforded
unmitigated pleasure to the Licensed Victuallers themselves, whilst we fancy,
from the somewhat lengthened faces of the opponents of the licenses, they must
have felt at it`s conclusion that the ground had been cut from under them.
There was just the faintest attempt at applause when the learned counsel sat
down, but this, the only manifestation of feeling throughout the day, was
speedily suppressed in the call for silence.
The
Superintendent of Police supported his own objections – or rather the
objections of the Committee – in person. Armed with a voluminous brief he made
the best of a weak case, but evidently it was not a labour of love to him.
Mr. Bodkin`s
work was chiefly confined to the examination of witnesses, and those who
attentively followed him could not have failed being struck with the fact that
not an unnecessary question was put to a single witness.
Mr. Glyn
based his arguments upon three general grounds, which he applied to all the
cases collectively. The first was that this opposition did not emanate from the
police. The Superintendent had no grounds for complaint, but was acting under
the direction of certain members of the Bench. How far that was approved of
generally was evidenced by the fact that the Watch Committee refused to grant
him legal assistance in opposing these licenses. The objection urged against
them was that they were not required. Now, up to the present time not a Bench
in the county of Kent had been found to deprive an owner of his property or a
tenant of his livelihood because someone chose to say a house was not
necessary. But what were the facts in the present case? Why, that all these
licenses were granted a dozen years ago, and if they were thought requisite
when the population was only half what it was at present, surely they could not
say they were not required now. Secondly, some of these houses had been
objected to as not having been properly conducted. To meet that assertion the
learned counsel adduced the fact that during the last twelvemonth not a single
conviction had been recorded against any one of the tenants. Any previous
conviction had been condoned by the renewal of the licence. That was common
sense. The Bench admitted that it was so by subsequently deciding not to
enquire into any laches that might have taken place previous to the last
licensing meeting in 1892.
Mr. Bodkin
followed briefly in the same vein, and Mr. Minter, on behalf of the occupiers,
addressed himself to the requirements of the town, arguing, as we have
ourselves pointed out in the List, that the very fact of their being supported
by the public was a prima facie argument in favour of the existence of these
houses.
The
Magistrates, at the conclusion of the learned gentlemen`s arguments, retired,
and after an absence of about a quarter of an hour, on their return announced
they would hear any complaints there were against any house since the last
licensing meeting. This involved the calling of a large number of witnesses –
owners, tenants, civil and military police, the examination of whom lasted well
into the afternoon.
The Victoria,
the Oddfellows, the Welcome, British Colours, and Granville were all objected
to on the ground that they were not wanted; and the Tramway for the additional
reason that disorderly conduct had taken place, this consisting of a civilian
and a soldier coming out and having a fight; the disturbance, however, was not
sufficient to warrant proceedings.
Mr. Glyn
having summed up his case, the Magistrates retired for an hour to consider
their decision, and on their return the Chairman briefly announced that all the
licenses would be renewed with the exception of the Tramway.
Mr. Glyn
intimated that in all probability the owners of the house would appeal against
the decision, and having thanked the Bench for the attention they had given the
cases, and Superintendent Taylor for the fair manner in which he had conducted
the opposition, the proceedings came to an end.
Folkestone
Chronicle 2-11-1894
Local News
Yesterday morning Frederick Coleman, late of
Canterbury, applied for the transfer of the Oddfellows, Radnor Street, from
George Whiddett to himself. He furnished the necessary references as to his
good character, saying that he was a bona fide tenant, and had not merely been
put in by the brewers. The police had no objection to the transfer, which was
accordingly acceded.
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