Folkestone
Daily News 26-1-1910
Wednesday, January 26th: Before Messrs.
Herbert, Stainer, Leggett, Swoffer, and Linton.
The licence of the Harvey Hotel was transferred to Mr.
Bassett, formerly of the Princess Royal, the justices dispensing with the
formal attendance of the former tenant at the Annual Licensing Sessions.
Folkestone
Express 29-1-1910
Wednesday, January 26th: Before Messrs. W.G.
Herbert, J. Stainer, R.J. Linton and G.I. Swoffer, and Major Leggett.
The licence of the Harvey Hotel, Dover Road, was
temporarily transferred to Mr. Bassett.
Folkestone
Herald 29-1-1910
Wednesday, January 26th: Before Mr. W.G.
Herbert, Major Leggett, Messrs. J. Stainer, G.I. Swoffer, and R.J. Linton.
The licence of the Harvey Hotel was transferred
temporarily to Mr. Bassett.
Folkestone
Daily News 23-2-1910
Wednesday, February 23rd: Before Messrs.
Herbert, Swoffer, Linton, Hamilton, and Stainer.
Application was made for the transfer of the licence of
the Harvey Hotel to Mr. Bassett
The application was granted.
Folkestone
Express 26-2-1910
Wednesday, February 23rd: Before Mr. W.G.
Herbert, Major Leggett, amd Messrs. J. Stainer, G.I. Dwoffer, and R.J. Linton.
The
following transfer was confirmed: The Harvey Hotel, from Mrs. Killick to Mr.
C.S. Bassett.
Folkestone
Herald 26-2-1910
Wednesday, February 23rd: Before Mr. W.G.
Herbert, Major E.T. Leggett, Messrs. G.I. Swoffer, J. Stainer, and R.J. Linton.
The
licence of the Harvey Hotel was transferred from Mrs. Killick to Mr. C.S.
Bassett
Folkestone
Express 28-10-1911
Tuesday, October 24th: Before Lieut. Col.
Fynmore, Alderman Jenner, and R.G. Wood Esq.
The licence of the Harvey Hotel, Dover Road, was
temporarily transferred from Mr. Bassett to Mr. Wyborn (sic).
The following licence was transferred: Harvey Hotel, from Mr. Bassett to Mr. Whiteman (sic). Temporary authority had been granted
Folkestone
Herald 28-10-1911
Thursday, October 26th: Before Lieut. Col.
Fynmore, Alderman Jenner, and Councillor R.G. Wood.
A temporary transfer of the Harvey Hotel, Dover Road,
from Mr. Bassett to Mr. Wyborne, was granted.
Folkestone
Daily News 30-11-1911
Wednesday, November 29th: Before Messrs.
Stainer, Linton and Leggett.
The licence of the Harvey Hotel was transferred.
Folkestone
Express 2-12-1911
Wednesday, November 29th: Before J. Stainer
and R.J. Linton Esqs., and Major Leggett.
The following licence was transferred: Harvey Hotel, from Mr. Bassett to Mr. Whiteman (sic). Temporary authority had been granted
Folkestone
Herald 2-12-1911
Wednesday, November 29th: Before Mr. J.
Stainer, Major Leggett, and Mr. R.J. Linton.
The licence of the Harvey Hotel was transferred from
Mr. Bassett to Mr. Whiteman.
Folkestone
Daily News 25-7-1912
Thursday, July 25th: Before Messrs. Vaughan,
Chamier, Owen, Fynmore and Jenner.
A soldier named O`Brien, of the Royal Irish Fusiliers,
was charged with obtaining £4 from Mr. Whiteman, of the Harvey Hotel, Dover
Road, by means of a forged cheque.
Arthur James Whiteman, landlord of the Harvey Hotel,
deposed that prisoner on the 2nd July came to his hotel. Witness
knew the prisoner to be a soldier, and knew the man by the name of O`Brien. The
cheque produced witness changed for the accused, which he examined and queried
the alteration of the names of payee. The accused replied that the payee was a
friend of his and could not get away from the Camp, and he wanted the money to
pay for some goods supplied at the Camp. Witness believed him and passed the
cheque through the National Provincial Bank. It was returned unpaid, marked
“Endorsement irregular”. He made enquiries and gave information to the police.
Phillip Edward Kelly, a lieutenant from Shorncliffe
Camp, deposed that accused was in his regiment. The cheque produced was an open
one, with the amount to be filled in, which he had drawn to pay an account due
to Taylor and Taylor, of the Bricklayers Arms, London, to whom his regiment was
indebted. He handed the cheque to Lieutenant Wakefield. When Mr. Whiteman
showed him the cheque it had been altered without his knowledge or authority,
from Taylor & Taylor to Taylor O`Faylority.
Accused was remanded till Tuesday, July 30th.
Folkestone
Express 27-7-1912
Thursday, July 25th: Before Alderman
Vaughan, Lieut. Col. Fynmore, Chas. Jenner Esq., and other Magistrates.
James Edward O`Brien, a private in the Royal Irish
Fusiliers, was charged with forging and uttering a cheque for £4 7s. 10d., with
intent to defraud Mr. Whiteman, of the Harvey Hotel, Folkestone.
Arthur James Whiteman, landlord of the Harvey Hotel,
Dover Road, Folkestone, said on the 17th July, in the morning, the
prisoner went to his hotel. He knew him as a frequenter of the house since last
December, and knew him to be a soldier stationed at Shorncliffe Camp, by the
name of O`Brien. On the 17th inst., when he went in, he saw the
prisoner in the bar. He produced a cheque, and asked him to cash it. Knowing
the prisoner, he examined the cheque and asked him about an alteration n it,
and asked the prisoner who Faylority was, that being the name to whom the
cheque was apparently payable. The endorsement was on the cheque at the time.
O`Brien replied to the effect that he was a friend of his who could not get
away from the Camp, and the money was required to pay an account for goods
supplied on the Camp. He believed the prisoner`s statement to be true, and he
cashed the cheque for £4 7s. 10d. – the full amount. Subsequently he paid it
into the National Provincial Bank, and it was returned endorsed “Endorsement
irregular”. He gave information to the police.
Philip Edward Kelly, a lieutenant in the Royal Irish
Fusiliers, said he knew the prisoner as a private in the battalion. Early in
July he was indebted to Messrs. Taylor and Taylor, of Bricklayers Arms Station,
on the stable account, of which he had charge. He drew the cheque produced in
payment of Taylor and Taylor`s account on the 6th July. The amount
was left blank, as he did not know the actual amount due. He afterwards handed
the cheque to Lieut. Wakefield, of the same regiment, with certain
instructions. The last witness saw him on the 23rd about the matter.
He noticed that the cheque drawn by him had been altered without his knowledge
or authority. The alterations were the date from June 30th to July
16th, and the names of the payees to R. O`Faylority, by crossing the
initial letters, and making it read Faylor and by adding “ity” to the second
name, making it Faylority. There had also been an alteration of the word
“stable”, and, after witness`s signature, the letters “Capt”.
The Chief Constable asked for a remand until next
Tuesday, and it was granted.
Mr. Whiteman, re-called, said prisoner did not say how
he came to be possessed of the cheque, and witness did not ask him.
Folkestone
Herald 27-7-1912
Local News
On Thursday, before the Folkestone Borough Bench,
Alderman T.J. Vaughan being in the chair, and the other Magistrates being
Lieut. Colonel Fynmore, Alderman C. Jenner, Colonel G.P. Owen, and Captain A.C.
Chamier, James Ed. O`Brien, a private in the 1st Royal Irish
Fusiliers, stationed at Shorncliffe, was charged with forging and altering a
cheque for £4 7s. 10d. with intent to defraud Arthur Jas. Whiteman.
Arthur James Whiteman, landlord of the Harvey Hotel,
Dover Road, deposed that on Wednesday, July 17th, the prisoner came
to his hotel in the morning. Witness had known him as a frequenter of the house
and a soldier stationed at Shorncliffe since December last. He knew him by the
name of O`Brien. Accused asked witness to cash a cheque. Witness identified the
cheque produced as the one he received from prisoner. Witness called prisoner`s
attention to the alteration on the cheque, and asked him who O`Faylority was.
This was the person to whom the cheque was apparently made payable. So far as
witness remembered, prisoner replied to the effect that O`Faylority was a
friend of prisoner, who could not get away from the Camp, and the money was
wanted to pay an account for goods supplied on the Camp. Witness cashed the
cheque, believing the prisoner`s representations to be true, and gave him £4
7s. 10d., the full amount of the cheque. Later he paid the cheque into his
account at the National Provincial Bank, but it was afterwards returned to him
marked “Endorsement irregular: alteration requires confirmation”. Subsequently
witness made inquiries, and gave information to the police.
Lieut. Phillip Edward Kelly, of the 1st
Batt. Royal Irish Fusiliers, said prisoner was a private in his battalion.
Witness was in charge of the stable account of the battalion, and early in July
the regiment was indebted to Messrs. Taylor and Taylor, of the Bricklayers Arms
Station, London. Witness recognised the cheque as the one he drewin payment of
this account, either on the 6th or the 5th of July. The
amount on the cheque was left blank, as at that time he did not know the exact
amount of Messrs. Taylor and Taylor`s account. He afterwards handed the cheque
to Lieut. Wakefield, of his regiment, with certain instructions. He later
received the cheque from the last witness, and on July 23rd had an
interview with him, and found that the cheque as drawn by himself (witness) had
been altered without his knowledge or authority. The date of the cheque had
been altered from June 30th to July 16th. The names of
the payees had been altered to “D.R. Faylor O`Faylority”, by crossing the
initial “Ts” and making them “Fs”, and by adding the letters “ity” to the
second name Taylor. There was also an alteration to the word “stable” appearing
on the cheque, but witness could not decipher what this alteration had been.
The word “Captn”, meaning “Captain”, had been added to his signature.
The Chief Constable said that this was as far as he
could take the case that morning, as it was necessary to get the evidence of
Lieut. Wakefield, who was at the present time away on leave. He asked that the
case should be adjourned until Tuesday next.
The Bench granted a remand until next Tuesday.
Mr. Whiteman, re-called, further stated that prisoner
did not say how he became possessed of the cheque. Witness did not ask him.
Folkestone
Daily News 30-7-1912
Tuesday, July 30th: Before Messrs. Vaughan,
Giles, Jenner, Owen, Fynmore, and Chamier.
James Edward O`Brien was brought up in custody charged
with forging a cheque, the property of Lieutenant Wakefield, of the Royal Irish
Fusiliers.
The evidence (already reported) was repeated, and
Lieut. Wakefield deposed to filling in the cheque and dropping it, in an
envelope, in the post office box at Shorncliffe Camp. The cheque was in favour
of Taylor and Taylor, forage contractors, Bricklayers Arms, S.E.
Detective Sergt. Leonard Johnson proved arresting
prisoner at Shorncliffe Camp, and when charged he said “All right, I shall be
glad to get it all over”. When charged at the station prisoner said he found
the letter outside the post office half open; he picked it up, opened it, and
found the cheque inside. He went down to the bank at Cheriton with it, and they
told him they could not change it as it was not on their bank. They told him to
get someone who knew him, as it was crossed. He had a wife and child to keep,
and was only drawing 1s. a week, and his wife the remainder. In desperation he
scratched out the name that was on the cheque. He went to Mr. Whiteman, who
gave him the money. Prisoner said his wife was not yet 19, and he had a baby 7
months old.
The Chairman: It has been proved that you are Guilty.
You will be committed to take your trial at the next Maidstone Assizes.
The Chief Constable said he should oppose bail unless
in a very substantial sum. He had a very good reason for doing so.
Bail was offered, prisoner in £50, and two sureties of
£25 each, or one of £50.
Folkestone
Express 3-8-1912
Tuesday, July 30th: Before Alderman Vaughan,
Alderman Jenner, Lieut. Col. Fynmore, Capt. Chamier, Colonel Owen, and J.J.
Giles Esq.
James Edward O`Brien, a private in the Royal Irish
Fusiliers, was brought up on remand charged with forgery.
The evidence given at the last hearing was read over.
Lieut. Wakefield, of the Royal Irish Fusiliers, said
the cheque produced was handed to him by Lieut. Kelly on or about July 1st.
At that time there had been no alteration in the date, which was then June 30th.
It was then payable to Messrs. Taylor and Taylor. There had been no alteration
on the face of the cheque then. The amount had not been filled in. Lieut. Kelly
gave him certain instructions as to it, and on or about the 15th he
filled in the amount, £4 7s. 10d., now appearing on the face of the cheque,
which he had ascertained was the amount due to the firm. He wrote a letter to
Taylor and Taylor, and enclosed it with the cheque in an envelope, which he
addressed to “Messrs. Taylor and Taylor, Forage Contractors, Bricklayers Arms
Station, London, S.E.” To the best of his knowledge he put the letter in the
post box in the officers` mess. The box was cleared from time to time by the
Post Corporal, and the letters were conveyed by him to the Shorncliffe Post
Office. There was no endorsement upon the cheque when he posted it.
Detective Johnson said on the 24th July he received
a warrant for the arrest of the prisoner O`Brien. About 3.45 p.m. he saw him at
Shorncliffe Camp, and told him he was a detective officer and held a warrant
for his arrest. He cautioned him, read the warrant to him, showed him the
cheque produced, and said “This is the cheque you are charged with forging”. He
replied “I shall be glad when it is all over”. He then brought him to the
police station, and on being formally charged he replied “I found a letter
outside the officers` quarters half open. I picked it up, pulled it open, and
found a cheque inside, and went down to the bank at Cheriton with it. They told
me they could not change it, at it was not on their bank. They told me I must
get someone who knew me, as it was crossed. As I have a wife and child to keep
and I was only drawing 1s. a week, and she was drawing the remainder, through
desperation I scratched out the name on it and altered it. I went to Mr.
Whiteman and he gave me the money.
Prisoner said he wished to say what he did to the police
officer. His child was seven months old, and his wife was not nineteen years
old until December. He had never been up on a charge like that before, and his
character in the Army was spotless.
O`Brien was committed for trial at the next Kent
Assizes.
The Chief Constable opposed bail unless it was
substantial.
The Magistrates offered bail, in himself in £50, and
one surety of £50, or two of £25.
Folkestone
Herald 3-8-1912
Local News
At the Folkestone Police Court on Tuesday morning,
before Alderman T.J. Vaughan in the chair, Lieut. Colonel R.J. Fynmore,
Alderman C. Jenner, Colonel Owen, Captain Chamier, and Mr. J.J. Giles, James
Edward O`Brien, a private in the Royal Irish Fusiliers was charged on remand
with forging a cheque for £4 7s. 10d.
The evidence given at the previous hearing of the case
was read over.
Lieut. Wakefield, of the Royal Irish Fusiliers, identified
the cheque produced. It was handed to him by a Lieut. Kelly about the 1st
July, and at that time there was no alteration of the date. The date then was
June 30th. It was made payable to Messrs. Taylor and Taylor, and
there was no alteration on the face of the cheque. The amount was not filled in
then. Lieut. Kelly gave witness certain instructions with regard to filling in
the amount, and at a later date witness filled in the amount payable on Messrs.
Taylor`s bill. That was about the 15th July, to the best of his
knowledge. He then wrote a short note to Messrs. Taylor and Taylor, saying he
had enclosed the amount. He enclosed the cheque in an envelope with the letter.
He addressed the letter to “Messrs. Taylor and Taylor, Forage Contractors,
Bricklayers Arms Station, London, E.C.”. To the best of his knowledge he put it
in the post box in the hall of the Officers` Mess. It was cleared by a corporal
at various times of the day, and the letters were conveyed by him to the
Shorncliffe Camp Post Office. There was no endorsement on the cheque when he
sent it.
Detective Officer Leonard Johnson deposed that on the
24th July he received a warrant for the prisoner`s arrest. At about
3.45 p.m. the same day he saw the accused at Shorncliffe Camp, and said to him “I
am a detective officer, and hold a warrant for your arrest”. He cautioned
accused and read the warrant to him, showing him the cheque produced. Prisoner
replied “I shall be glad when it is all over”. He then brought accused to the
police station and formally charged him. He cautioned accused, who replied “I
found a letter outside the officers` quarters, half opened. I picked it up and
pulled it open, and found a cheque inside, and then went down to the bank at
Cheriton with it. They told me they could not change it, as it was not on their
bank. They told me I must get someone that knew me, as the cheque was crossed.
As I had a wife and child to keep, and as I was only drawing 1s. a week, and
she was drawing the remainder, in desperation I scratched out the name that was
on it and altered it, and went to Mr. Whiteman, who gave me the money”.
The Chief Constable asked that accused should be
committed to take his trial at the Kent Assizes.
Prisoner said he had a young wife who was not 19 years
of age until December, and he had a child seven months old. He had never been
up before on any charge like that, and his character in the army was spotless.
The Chairman stated that a case had been made out
against the accused, who would take his trial at the next Kent Assizes, to be
held at Maidstone.
The Chief Constable said that in teh event of bail
being allowed he should oppose it, unless it was very substantial bail. He had
a very good reason for doing so.
The Chairman said accused would be allowed bail in his own
recognisances of £50, and one surety of £50, or two of £25.
Accused was then taken below.
Folkestone
Daily News 12-11-1912
Tuesday, November 12th: Before The Mayor,
Messrs. Herbert, Boyd, Vaughan, Harrison, Stace, Linton, Ward, Stainer, Fynmore,
Giles, Morrison and Wood.
Mr. Wightman, landlord of the Harvey Hotel, applied for
and was granted extension of licence on the 27th inst., the occasion
of the Prussian Hermits` concert on behalf of the Juvenile Christmas treat,
i.e. Councillor Martingell`s Poor Dinner Fund.
Folkestone
Herald 16-11-1912
Tuesday, November 12th: Before The Mayor,
Mr. E.T. Ward, Mr. W.G. Herbert, Mr. J. Stainer, Major G.E. Leggett, Mr. R.J.
Linton, Mr. G. Boyd, Councillor W.J. Harrison, Mr. E.T. Morrison, and
Councillor A. Stace.
An extension of the licence of the Harvey Hotel for one
hour on Wednesday evening for the annual dinner of the Folkestone Horse Owners`
Protection Society was granted, and an hour`s extension was also granted for
Wednesday, November 27th for a concert in aid of the Poor Children`s
Fund.
Southeastern Gazette
26-11-1912
Local News
The Kent Assizes
opened at Maidstone on Monday, before Sir Arthur Moseley Channell.
James Edward
O’Brien, 21, soldier, pleaded guilty to forgery at Folkestone on July 17th, and
also admitted previous convictions.
Mr. Weigall,
prosecuting, said the prisoner was entrusted with a letter containing cheques
for £4 7s., drawn by an officer, in payment of forage bills. He abstracted the
cheques, altered the name, forged the endorsement, and cashed the cheque at a
public house.
The Judge
(struggling with a document): I am trying to read your statement, O’Brien. As
far as I can see, it is that you were wrongly convicted on one of the previous
occasions. That’s the effect of if, isn't it?
Prisoner: 'Yes,
sir.
In sentencing
prisoner to 15 months’ hard labour, His Lordship said he doubted whether he
ought not to send him to penal servitude, but he would give him one more
chance. He noticed that he had spent five years in a reformatory. One always
heard that lads in a reformatory were turned into honest citizens, or if they
were not, they turned out very badly, and he seemed to be one of the latter.
Folkestone
Express 30-11-1912
Local News
At the Kent Assizes on Monday, James Edward O`Brien,
21, soldier, pleaded Guilty to forgery at Folkestone on July 17th,
and also admitted previous convictions.
Mr. Weigall, prosecuting, said the prisoner was
entrusted with a letter containing cheques for £4 7s., drawn by an officer, in
payment of forage bills. He abstracted the cheques, altered the name, forged
the endorsement, and cashed the cheque at a public house.
The judge (struggling with a document): I am trying to
read your statement, O`Brien. As far as I can see, it is that you were wrongly
convicted on one of the previous occasions. That`s the effect of it, isn`t it?
Prisoner: Yes, sir.
In sentencing prisoner to 15 months` hard labour, his
Lordship said he doubted whether he ought not to send him to penal servitude,
but he would give him one more chance. He noticed that he had spent five years
in a reformatory. One always heard that lads in a reformatory were turned into
honest citizens, or if they were not, they turned out very badly, and he seemed
to be one of the latter.
Folkestone
Herald 30-11-1912
Local News
At the Kent Assizes at Maidstone on Monday, James
Edward O`Brien, a private in the Royal Irish Fusiliers, stationed at
Shorncliffe, was sentenced to fifteen months hard labour for forging and
altering a cheque to the value of £4 10s., with intent to defraud Arthur Jas.
Wightman, the landlord of the Harvey Hotel, Folkestone. Mr. Weigall appeared
for the prosecution. Prisoner pleaded Guilty, and admitted previous
convictions.
The case for the prosecution was that on July 17th
the prisoner went to the Harvey Hotel, and producing the cheque in question,
asked Mr. Wightman to cash it. Mr. Wightman asked him who the cheque belonged
to, and accused said it belonged to a friend at the Camp, who was unable to get
away. The cheque was made payable to a man named O`Faylority. Subsequently the
cheque was returned from the National Provincial Bank marked “Endorsement
irregular; signature requires confirmation”.
Afterwards it transpired that Lieutenant P.E. Kelly, of
the same regiment, who was in charge of the stable account, made out the cheque
in payment of a bill from Messrs. Taylor and Taylor, of Bricklayers Arms
Station, London. He did not fill in the amount of the bill, because he was not
aware of the exact sum. This was afterwards done by Lieutenant Wakefield, who,
to the best of his knowledge, posted the letter in the box at the Officers`
Mess. Prisoner obtained possession of the cheque, and altered it by crossing
the “Ts” in the name Taylor and adding “ity” to the last name, thus making the
cheque payable to D.E. Faylor O`Faylority. The date was also altered from June
30th to July 16th. There was an indecipherable alteration
to the word “stable”, and the word “Captain” had been added to the signature.
When arrested at Folkestone, prisoner stated that he
found the letter outside the Officers` quarters, half-opened, picked it up,
opened the envelope, and found the cheque inside. He took it to the bank at
Cheriton, but they told him that as it was not drawn on their bank they would
not cash it, and also told him to get a friend who knew him, as the cheque was
crossed. He had a wife and child to keep, and as he was only drawing 1s.
weekly, and she was drawing the remainder, in desperation he altered the
cheque. He further added that his wife was not yet nineteen, that he had never
been up before on a charge like that, and that his character in the army was
spotless.
In passing sentence on him, Mr. Justice Channell said
he doubted whether he ought not to send prisoner to penal servitude, but
accused would be given one more chance. He noticed he had spent five years in a
reformatory. One always heard that lads in a reformatory were turned into
honest citizens, or if they were not they turned out very badly, and prisoner
seemed to be one of the latter. The sentence was fifteen months` hard labour.
The Chief Constable, who prosecuted, said defendant was charged under Section 86 of the Licensing Consolidation Act, which made it an offence to keep open during prohibited hours, and did not necessarily make the prosecution prove the sale of intoxicating liquors to secure a conviction.
Inspector James Swift said: About 11.40 on Sunday night, the 2nd instant, I was in Dover Road, in company with Sergt. Sales. I saw lights burning in a room on the ground floor of the Harvey Hotel, and heard voices, then the playing of a piano and singing, both being conducted in a suppressed tone. In a few minutes the piano stopped, and someone said “What are you going to have?” A minute later a light was switched on in the bar and defendant came to the engine, drew several glasses of beer, left the bar with the drink, and returning again drew other glasses. The light was then switched off in the bar. About three or four minutes later the light was again switched on in the bar, defendant appearing and drawing several glasses of beer from the engine and left again. I kept observation until about 5 to 10 minutes past twelve. The defendant then came to the main door of the house and unfastened it. I met him and said “Who have you on your premises?”, and he replied “Friends, and they are just going”. I went in, and in the passage I found a man named Pitman with a bicycle, and apparently about to make a start. In the room were eight other men, fully dressed, with hats, caps, and overcoats on, most of them seated round the table, some standing. I said to defendant “What explanation have you to give for the presence of these men here?” He hesitated (looking round as if asking the men what reply he should give) and then said “They are friends of mine whom I invited to some music and a singsong”. I said “When did you invite them?”, and a man named Hogben, one of the men on the premises, said it was about 20 minutes to 10. Defendant said about 10. I said to defendant “Your explanation is not satisfactory, and I shall report you for being open during prohibited hours”. He replied “There was nothing sold whatever; everything was given”. After taking the names and addresses of the men, one said “As a matter of fact, we were invited here in the afternoon”.
Cross-examined by Mr. Haines: Witness said he told defendant he should report him for keeping open during prohibited hours for the sale of intoxicating liquors. That was not quite the wording on the summons this morning. The Chief Constable was responsible for that. The singing practically continued the whole time he was observing the house, but it was in a subdued tone.
Mr. Haines: Were they all sober?
By the Chief Constable: It was midday when I was invited with Davis and Highland. He was not in the house from midday until he went in at 10.15 with Highland, who had come over from Dover.
Folkestone
Daily News 7-3-1913
Friday,
March 7th:
Before Messrs. Owen and Giles.
The
police court was crowded on Friday morning, when Arthur James
Wightman, landlord of the Harvey Hotel, appeared to answer a summons
charging him with a breach of the Licensing Act, i.e., supplying
intoxicating liquors at twenty minutes to twelve on Sunday evening.
Mr. G.W. Haines appeared for defendant, and pleaded Not Guilty.
The Chief Constable, who prosecuted, said defendant was charged under Section 86 of the Licensing Consolidation Act, which made it an offence to keep open during prohibited hours, and did not necessarily make the prosecution prove the sale of intoxicating liquors to secure a conviction.
Inspector James Swift said: About 11.40 on Sunday night, the 2nd instant, I was in Dover Road, in company with Sergt. Sales. I saw lights burning in a room on the ground floor of the Harvey Hotel, and heard voices, then the playing of a piano and singing, both being conducted in a suppressed tone. In a few minutes the piano stopped, and someone said “What are you going to have?” A minute later a light was switched on in the bar and defendant came to the engine, drew several glasses of beer, left the bar with the drink, and returning again drew other glasses. The light was then switched off in the bar. About three or four minutes later the light was again switched on in the bar, defendant appearing and drawing several glasses of beer from the engine and left again. I kept observation until about 5 to 10 minutes past twelve. The defendant then came to the main door of the house and unfastened it. I met him and said “Who have you on your premises?”, and he replied “Friends, and they are just going”. I went in, and in the passage I found a man named Pitman with a bicycle, and apparently about to make a start. In the room were eight other men, fully dressed, with hats, caps, and overcoats on, most of them seated round the table, some standing. I said to defendant “What explanation have you to give for the presence of these men here?” He hesitated (looking round as if asking the men what reply he should give) and then said “They are friends of mine whom I invited to some music and a singsong”. I said “When did you invite them?”, and a man named Hogben, one of the men on the premises, said it was about 20 minutes to 10. Defendant said about 10. I said to defendant “Your explanation is not satisfactory, and I shall report you for being open during prohibited hours”. He replied “There was nothing sold whatever; everything was given”. After taking the names and addresses of the men, one said “As a matter of fact, we were invited here in the afternoon”.
Cross-examined by Mr. Haines: Witness said he told defendant he should report him for keeping open during prohibited hours for the sale of intoxicating liquors. That was not quite the wording on the summons this morning. The Chief Constable was responsible for that. The singing practically continued the whole time he was observing the house, but it was in a subdued tone.
Mr.
Haines: All of the men were known singers giving their services at
concerts, eh?
Witness:
Some were painters and butchers. (Laughter)
Mr.
Haines: Did you hear “Ora Pro Nobis”?”
Witness:
No, ragtime music.
Mr. Haines: Were they all sober?
Witness:
Yes.
Mr.
Haines: After taking their names, did you say “Gentlemen, you can
continue your party”?”
Witness:
Oh, dear, no.
Sergt.
Sales corroborated the evidence of the previous witness.
Mr.
Haines addressed the justices on the point that they were there as
defendant`s guests. He suggested that the police had taken a
perfectly right and proper course. They could not hold an impromptu
petty sessions on the doorstep of the Harvey Hotel.
The
defendant was sworn and said his wife went away on Friday morning
under doctor`s orders, and he for the time being was a bachelor. The
whole of the names of the men found on his premises were friends of
his. Not the whole eight, but the majority of them. He came to
Folkestone without friends and made these, who always helped him at
his concerts. On Sunday, being a bit lonely, and passionately fond of
music, he invited a few friends to come in and have a bit of music.
Last Sunday, too, there was a Prussian Hermits lecture, and before
the members went up he said “I have a few friends coming back from
Dover (there were 5 or 6); don`t rush off at the finish, but come and
join them”. I did this as a little recognition for what they had
done for me. I entertained the men voluntarily as my guests. No-one
offered to pay, no-one was asked to pay, and no-one was expected to
pay. When the police came, witness was at the door to let his guests
out, quite openly. He was surprised to see the police; it was quite
unexpected.
The
Chief Constable: Can you tell me who it was you invited early in the
day?
Witness:
Mr. Hogben and Mr. Highland, at midday.
The
Chief Constable: Only those two?
Witness:
I told Mr. Highland that he could bring some friends.
You
did not mention any names or the number? – No.
When
did you invite the others? – Mr. Pitman and Mr. Dewell, who were
going up to the Prussian Hermits lecture, about ten minutes to 8.
When
did you invite any of the others? – Mr. Davis I think about midday.
Who
were the others invited? – The others were all friends that Mr.
Highland brought.
How
many did Highland bring? – The remainder must have come with Mr.
Highland.
Those
four that Highland brought you did not invite yourself? – No.
What
were the names of the other friends? – Scott, Tommy Hales, Harry –
I don`t know his name – and a friend whom I had never seen before.
Do
you wish the Magistrates to believe that you supplied all these men
at your own expense? – I did do so.
Why
did you tell Inspector Swift that you invited these men at 5 to 10? –
Inspector Swift is not quite correct there.
By
the Clerk: With the exception of one individual who accompanied
Highland, the others were all regular customers. All the men, with
the exception of three, had taken part in smoking concerts at my
house.
Harry
Davis, of St. John`s Street, a bar manager, said on occasion he sang
at concerts. He knew Mr. Wightman as a personal friend, whose house
he quite frequently used. He had assisted Mr. Wightman, both at his
concerts and dinners. At midday on Sunday witness was at Mr.
Wightman`s house, when defendant said he was going to have a little
party in the evening and would they like to come. The invitation was
extended to Mr. Highland and Mr. Hogben. Mr. Wightman said he was
going to have a little bachelors` party in the evening, and would
they all come. In the evening witness arrived at something between
9.30 and 9.45, and after 10 he went into Mr. Wightman`s private room.
After closing time they had some music. He had some friends with him
– Mr. Hogben and two gentlemen whom I did not know. In the morning
witness heard Wightman say “If there is anyone else bring them in”.
Witness had two drinks at the invitation of Mr. Wightman. They were
all asked to have a drink. He did not see any money passed, decidedly
not. They were there as friends of Mr. Wightman. At the finish Mr.
Wightman said “Gentlemen, I think it is time to break up”. We
were getting ready to go. Inspector Swift came in and said
“Gentlemen, what is the meaning of this?”, and took our names and
addresses, and then said “Gentlemen, you can get on with the
party”. (Laughter) He did not hear Mr. Wightman say that some of
the invitations were given just before closing time. He would not
swear that Mr. Wightman did say so.
Cross-examined
by the Chief Constable: He was quite certain that he and two others
were invited at midday. Hogben, Highland and himself were invited at
the same time. All three were singers. When Pitman and Hale came
downstairs from the Prussian Hermits, Mr. Wightman invited them. They
were customers in the house. Just before ten o`clock it was that they
were invited into the room. Highland arrived at 10.15 with three
gentlemen, strangers to me.
By
the Clerk: He did not know whether Pitman and the Hermits had been
invited to the room earlier.
Frederick
H. Pitman, of 73, Chart Road, a tailor, said he had known Mr.
Wightman since he had been in the town. He went to the Harvey on
Hermit nights, and was on the Concert Committee of the house. On
Sunday witness went to the Harvey about ten to eight to attend the
lecture. Mr. Wightman said “I am having a few friends; will you
stop for an hour?” Before that the invitation was extended to
Dewell. Of those who arrived at 10.15 he knew Highland and Hogben. He
did not pay for anything; neither did anyone else.
The
Chief Constable: Do you remember the Inspector asking the landlord
what time you had been invited?
Witness:
No.
William
Hogben, of 29, Victoria Road, said he was a singer, and at times had
assisted Mr. Wightman in some of his concerts. On Sunday morning he,
with Highland and Davis, were at the Harvey when Mr. Wightman
extended an invitation to a little party at the house after the house
was closed, and the permission to bring a friend. Witness expected to
see Highland turn up alone, yet the invitation was extended to all
three. He understood that all three could bring friends. Highland
introduced his friends to Mr. Wightman. No-one paid, and no-one was
asked for payment.
By
the Clerk: About five of us gave songs.
Witness
met Highland and his friends just outside the Harvey and went in with
them. It was late and he did not expect to get in. We went across the
road and whistled, and were let in.
By the Chief Constable: It was midday when I was invited with Davis and Highland. He was not in the house from midday until he went in at 10.15 with Highland, who had come over from Dover.
Frederick
Highland, 1, Radnor Bridge Road, a butcher and a singer, said on many
occasions he had assisted Mr. Wightman at the Harvey. On Sunday last
he was in the Harvey at midday. Davis was there. Mr. Hogben gave him
an invitation to a little bachelors` party and said he could invite
some of his friends. On returning from Dover witness went to the
Harvey Hotel and introduced two of his friends. There were Mr. Scott,
Mr. Wilson, Mr. Hale, and Mr. Hayward. He thought the last man`s name
was Tomsett; he did not know him as Hayward. At Mr. Wightman`s
expense refreshments were supplied. They were guests of Mr.
Wightman`s. When Inspector Swift came he (the Inspector) said “I am
not satisfied with your explanation. Well, gentlemen, you can
continue with your little party”.
The
Chief Constable: You say you introduced your two friends to Mr.
Wightman? – Yes.
How
did you introduce them if you did not know them? – I knew one man
as Tomsett, but you say his name is Hayward.
In
consequence of the open invitation did you take your two friends with
you because you had been to Dover together? – Yes.
Without
retiring, the Chairman said they dismissed the case against
defendant, but they must point out that it would have been wise to
have given notice to the police. It was very indiscreet, and the
police were perfectly justified in taking action.
The
result was received with applause in Court.
Folkestone
Herald 8-3-1913
Local
News
At the Folkestone Police Court yesterday (Friday) before Colonel G.P. Owen and Mr. J.J. Giles, Arthur James Wightman, landlord of the Harvey Hotel, Dover Road, was summoned for a breach of the Licensing Act by selling drink on his licensed premises during prohibited hours, namely, at twenty to twelve on Sunday night last. Mr. G.W. Haines appeared for the defence, and pleaded Not Guilty.
Inspector Swift deposed that at 11.40 on Sunday last he was in Dover Road and saw lights burning in a room on the ground floor of the front of the Harvey Hotel. He heard voices, and then the playing of a piano and singing, both being conducted in a suppressed tone. A few minutes later the piano playing stopped, and someone said “What are you going to have?” A minute later the light was switched on in the bar, which hitherto had been in darkness. Defendant came and drew several glasses of beer, left the bar with the drink, returned immediately, filled other glasses, and left with those. The light in the bar was then extinguished. Three or four minutes later the light in the bar was again switched on. Defendant appeared and again drew several glasses of beer, and left the bar with them, the light being again extinguished. Witness kept observation until about ten minutes past twelve At that time defendant came to the front door of the house and unlocked it. Witness met him, and said “Who have you on the premises?” Mr. Wightman replied “Friends, but they are just going”. In the room there were eight other men with hats, caps and overcoats on, and most of them were seated round the table. Witness said to the defendant “What explanation have you to give for the presence of these men here?” He hesitated, and then said “I invited them here to a little music and a singsong”. Witness said “When did you invite them?”, and he replied “I think it was about five minutes to ten”. Witness said to the defendant “Your explanation is not satisfactory, and I shall report you”. He replied “There has been nothing sold here whatever; I would not think of doing such a thing”. There were several glasses on the table, some containing beer. One of the men present, named Hale, said “We were invited here in the afternoon”. All the men were local residents.
Cross-examined: The singing was in a suppressed tone. They appeared to be making as little noise as possible. They were singing very tame songs. Witness did not hear “Ora Pro Nobis”. (Laughter) There was no attempt to cover up the window of the bar. All the men appeared to be sober. Witness did not say as he left “Gentlemen, you may continue your party”. He would not describe it as a little bachelor gathering. There was no chance for the men to bolt. (Laughter)
P.S. Sales, who was in company with Inspector Swift, gave substantially corroborative evidence. He also stated that when Inspector Swift took the names and addresses of the men he told them that they would be reported for being on licensed premises during prohibited hours.
Cross-examined by Mr. Haines, witness said some of the glasses contained the drains of liquor and two pint glasses were two thirds empty. Some of the men did not look very comfortable when witness entered.
Mr. Haines pointed out that it was laid down that the holder of a justices` licence should not be liable to a penalty for supplying intoxicating liquor after hours of closing to private friends bona fide entertained by him at his own expense.
Mr. Wightman, the defendant, on oath, said that he had held the licence of the Harvey Hotel for 18 months. On the previous Friday morning witness`s wife went away, and witness was a bachelor for the time being. All the men who were found in the house were friends of his. Not long ago they assisted witness in a concert he gave for the Poor Children`s Fund. The previous Sunday morning he saw Messrs, Davis and Highland, and he asked the latter to turn up and have a little music in the evening after closing time. Inviting other friends, who were Prussian Hermits, he took advantage of the opportunity of making some little return for the help they had given him on previous occasions. After closing time the invited friends went into witness`s living room, and they had a little quiet singing. During the evening he supplied them with drink. He asked no money, received none, and there was no suggestion that he should receive money at any other time. He gave the drink quite voluntarily and freely. After the close of the party witness opened the door to let the guests out. He was surprised to see the Inspector, because it was quite unexpected.
Cross-examined: The invitation he extended at midday was to Mr. Hogben and Mr. Highland. He asked Mr. Highland to bring his friends. He mentioned no names, nor did he specify numbers. He asked Mr. Highland to bring his friends, because he was going with them to Dover. Witness invited two Prussian hermit friends at ten minutes to eight in the evening, before they went to a lecture in the club room. Witness also invited Mr. avis at midday. The other guests were friends of Mr. Highland, so that he must have brought four friends with him. There were nine guests altogether. Witness had not invited these four; they came through Highland`s invitation. These four were Scott, Tommy Hales, and “Harry” – witness did not know his surname. He did not know the name of the fourth, nor had he ever seen him before. It was only Highland and his four friends, who came from Dover, who came into the premises after closing time.
In answer to Mr. Andrew, witness said that Mr. Highland was a well-known singer in the town. He was down to sing at the Folkestone Poor Children`s Fund Concert, but was unable to come owing to illness. The Prussian Hermit lecture closed at ten minutes to ten. Highland and his friends arrived at 10.20.
In answer to the Chief Constable, witness said Inspector Swift made no reference to the time at which the guests were invited. He did not tell the Inspector that he invited them at ten minutes to ten.
In reply to Mr. Andrew, witness said that, with the exception of the one he did not know, all the guests were regular customers. All, with the exception of three, had taken part in concerts in the town.
Mr. H. Davis said that he lived at St. John`s Street, and was a barman. He sang publicly on occasions. He knew the defendant as a personal friend, and he frequently used his house. He had assisted him in various ways at concerts. On the previous Sunday he was at the Harvey Hotel at midday, when he saw the defendant, who invited him to a little party he was going to give at closing time. Mr. Hogben and Mr. Highland were in the bar at the time, and he extended the invitation to them. It was possible that defendant and Mr. Highland had some conversation which witness did not hear. In the evening witness arrived just before 8.45. He went into the room in company with Mr. Dewell and Mr. Pitman, who had just come down from the Prussian Hermits lecture. That was before the defendant had closed up. After closing time they had some music. Mr. Highland arrived at about a quarter past ten. He had some friends with him, including Hogben, who was invited in the morning. Witness heard defendant say to Highland in the morning that if there were any others with him he could bring them in. He understood this to mean friends. Witness did not suffer greatly from “dryness”, but he had two drinks at the invitation of the defendant. All were invited to have drinks. There was certainly no question of a sale. Witness considered himself to be there as a friend of the defendant. As Inspector Swift left he said “Gentlemen, you can get on with the party”. (Laughter) Witness was not aware of any question put by the police as to the time at which the invitations were given.
Cross-examined by the Chief Constable: Dewell and Pitman were invited when they came down from the Prussian Hermits` lecture, just before ten o`clock. They were customers of Mr. Wightman just before then.
Mr. Fredk. Pitman said he lived in Chart Road, and was a tailor. He had known the defendant ever since he had been in the town, and he went to his house for club meetings. He was a member of the Prussian Hermits. Witness had assisted defendant in concerts. On the previous Sunday he went to the club lecture at the Harvey just before eight, and before the lecture the defendant asked him to stay behind, as he was going to have a few friends in. At about five minutes to ten he came away from the lecture, saw Davis, and went straight into the private room. Subsequently Highland and some of his friends arrived. Witness paid for no refreshments, was not asked to pay for any, and saw no-one pay for any.
Cross-examined: Witness would not be certain whether or not Inspector Swift said anything with regard to the time at which the guests were invited. Highland was accompanied by five others, including Scott and Hogben. He knew the other three by sight only.
Mr. Wm. R. Hogben said that he was in company with Mr. Highland and Mr. Davis at the Harvey the previous Sunday, and an invitation was extended to them to attend a little party at the Harvey after closing time. All three were invited to bring a friend with them if they cared to. No-one paid for refreshments, and they did not expect to pay, as they were the guests of the defendant.
Mr. F.F. Highland said that he lived at Radnor Bridge Road. He was a butcher, and a singer. (Laughter) He was one of defendant`s guests. During the evening they had refreshments, and were decidedly not asked for payment. No-one, to witness`s knowledge, made any payment. When Inspector Swift left he said “Well, gentlemen, you can continue your little party”. At the time of the police visit witness heard no reference to the invitation being given just before closing time.
Cross-examined: Defendant had met some of witness`s friends before, but he could not say whether he had met two of them. The invitation was extended to himself and friends. There was no number specified, but witness would not have liked to take a score with him. (Laughter)
The case was dismissed, but the Chairman pointed out that it would have been wise of the defendant if he had given notice to the police, who were quite justified in bringing the case before the Court
At the Folkestone Police Court yesterday (Friday) before Colonel G.P. Owen and Mr. J.J. Giles, Arthur James Wightman, landlord of the Harvey Hotel, Dover Road, was summoned for a breach of the Licensing Act by selling drink on his licensed premises during prohibited hours, namely, at twenty to twelve on Sunday night last. Mr. G.W. Haines appeared for the defence, and pleaded Not Guilty.
Inspector Swift deposed that at 11.40 on Sunday last he was in Dover Road and saw lights burning in a room on the ground floor of the front of the Harvey Hotel. He heard voices, and then the playing of a piano and singing, both being conducted in a suppressed tone. A few minutes later the piano playing stopped, and someone said “What are you going to have?” A minute later the light was switched on in the bar, which hitherto had been in darkness. Defendant came and drew several glasses of beer, left the bar with the drink, returned immediately, filled other glasses, and left with those. The light in the bar was then extinguished. Three or four minutes later the light in the bar was again switched on. Defendant appeared and again drew several glasses of beer, and left the bar with them, the light being again extinguished. Witness kept observation until about ten minutes past twelve At that time defendant came to the front door of the house and unlocked it. Witness met him, and said “Who have you on the premises?” Mr. Wightman replied “Friends, but they are just going”. In the room there were eight other men with hats, caps and overcoats on, and most of them were seated round the table. Witness said to the defendant “What explanation have you to give for the presence of these men here?” He hesitated, and then said “I invited them here to a little music and a singsong”. Witness said “When did you invite them?”, and he replied “I think it was about five minutes to ten”. Witness said to the defendant “Your explanation is not satisfactory, and I shall report you”. He replied “There has been nothing sold here whatever; I would not think of doing such a thing”. There were several glasses on the table, some containing beer. One of the men present, named Hale, said “We were invited here in the afternoon”. All the men were local residents.
Cross-examined: The singing was in a suppressed tone. They appeared to be making as little noise as possible. They were singing very tame songs. Witness did not hear “Ora Pro Nobis”. (Laughter) There was no attempt to cover up the window of the bar. All the men appeared to be sober. Witness did not say as he left “Gentlemen, you may continue your party”. He would not describe it as a little bachelor gathering. There was no chance for the men to bolt. (Laughter)
P.S. Sales, who was in company with Inspector Swift, gave substantially corroborative evidence. He also stated that when Inspector Swift took the names and addresses of the men he told them that they would be reported for being on licensed premises during prohibited hours.
Cross-examined by Mr. Haines, witness said some of the glasses contained the drains of liquor and two pint glasses were two thirds empty. Some of the men did not look very comfortable when witness entered.
Mr. Haines pointed out that it was laid down that the holder of a justices` licence should not be liable to a penalty for supplying intoxicating liquor after hours of closing to private friends bona fide entertained by him at his own expense.
Mr. Wightman, the defendant, on oath, said that he had held the licence of the Harvey Hotel for 18 months. On the previous Friday morning witness`s wife went away, and witness was a bachelor for the time being. All the men who were found in the house were friends of his. Not long ago they assisted witness in a concert he gave for the Poor Children`s Fund. The previous Sunday morning he saw Messrs, Davis and Highland, and he asked the latter to turn up and have a little music in the evening after closing time. Inviting other friends, who were Prussian Hermits, he took advantage of the opportunity of making some little return for the help they had given him on previous occasions. After closing time the invited friends went into witness`s living room, and they had a little quiet singing. During the evening he supplied them with drink. He asked no money, received none, and there was no suggestion that he should receive money at any other time. He gave the drink quite voluntarily and freely. After the close of the party witness opened the door to let the guests out. He was surprised to see the Inspector, because it was quite unexpected.
Cross-examined: The invitation he extended at midday was to Mr. Hogben and Mr. Highland. He asked Mr. Highland to bring his friends. He mentioned no names, nor did he specify numbers. He asked Mr. Highland to bring his friends, because he was going with them to Dover. Witness invited two Prussian hermit friends at ten minutes to eight in the evening, before they went to a lecture in the club room. Witness also invited Mr. avis at midday. The other guests were friends of Mr. Highland, so that he must have brought four friends with him. There were nine guests altogether. Witness had not invited these four; they came through Highland`s invitation. These four were Scott, Tommy Hales, and “Harry” – witness did not know his surname. He did not know the name of the fourth, nor had he ever seen him before. It was only Highland and his four friends, who came from Dover, who came into the premises after closing time.
In answer to Mr. Andrew, witness said that Mr. Highland was a well-known singer in the town. He was down to sing at the Folkestone Poor Children`s Fund Concert, but was unable to come owing to illness. The Prussian Hermit lecture closed at ten minutes to ten. Highland and his friends arrived at 10.20.
In answer to the Chief Constable, witness said Inspector Swift made no reference to the time at which the guests were invited. He did not tell the Inspector that he invited them at ten minutes to ten.
In reply to Mr. Andrew, witness said that, with the exception of the one he did not know, all the guests were regular customers. All, with the exception of three, had taken part in concerts in the town.
Mr. H. Davis said that he lived at St. John`s Street, and was a barman. He sang publicly on occasions. He knew the defendant as a personal friend, and he frequently used his house. He had assisted him in various ways at concerts. On the previous Sunday he was at the Harvey Hotel at midday, when he saw the defendant, who invited him to a little party he was going to give at closing time. Mr. Hogben and Mr. Highland were in the bar at the time, and he extended the invitation to them. It was possible that defendant and Mr. Highland had some conversation which witness did not hear. In the evening witness arrived just before 8.45. He went into the room in company with Mr. Dewell and Mr. Pitman, who had just come down from the Prussian Hermits lecture. That was before the defendant had closed up. After closing time they had some music. Mr. Highland arrived at about a quarter past ten. He had some friends with him, including Hogben, who was invited in the morning. Witness heard defendant say to Highland in the morning that if there were any others with him he could bring them in. He understood this to mean friends. Witness did not suffer greatly from “dryness”, but he had two drinks at the invitation of the defendant. All were invited to have drinks. There was certainly no question of a sale. Witness considered himself to be there as a friend of the defendant. As Inspector Swift left he said “Gentlemen, you can get on with the party”. (Laughter) Witness was not aware of any question put by the police as to the time at which the invitations were given.
Cross-examined by the Chief Constable: Dewell and Pitman were invited when they came down from the Prussian Hermits` lecture, just before ten o`clock. They were customers of Mr. Wightman just before then.
Mr. Fredk. Pitman said he lived in Chart Road, and was a tailor. He had known the defendant ever since he had been in the town, and he went to his house for club meetings. He was a member of the Prussian Hermits. Witness had assisted defendant in concerts. On the previous Sunday he went to the club lecture at the Harvey just before eight, and before the lecture the defendant asked him to stay behind, as he was going to have a few friends in. At about five minutes to ten he came away from the lecture, saw Davis, and went straight into the private room. Subsequently Highland and some of his friends arrived. Witness paid for no refreshments, was not asked to pay for any, and saw no-one pay for any.
Cross-examined: Witness would not be certain whether or not Inspector Swift said anything with regard to the time at which the guests were invited. Highland was accompanied by five others, including Scott and Hogben. He knew the other three by sight only.
Mr. Wm. R. Hogben said that he was in company with Mr. Highland and Mr. Davis at the Harvey the previous Sunday, and an invitation was extended to them to attend a little party at the Harvey after closing time. All three were invited to bring a friend with them if they cared to. No-one paid for refreshments, and they did not expect to pay, as they were the guests of the defendant.
Mr. F.F. Highland said that he lived at Radnor Bridge Road. He was a butcher, and a singer. (Laughter) He was one of defendant`s guests. During the evening they had refreshments, and were decidedly not asked for payment. No-one, to witness`s knowledge, made any payment. When Inspector Swift left he said “Well, gentlemen, you can continue your little party”. At the time of the police visit witness heard no reference to the invitation being given just before closing time.
Cross-examined: Defendant had met some of witness`s friends before, but he could not say whether he had met two of them. The invitation was extended to himself and friends. There was no number specified, but witness would not have liked to take a score with him. (Laughter)
The case was dismissed, but the Chairman pointed out that it would have been wise of the defendant if he had given notice to the police, who were quite justified in bringing the case before the Court
Folkestone
Express 15-3-1913
Local News
At the Police Court on Friday, before Colonel Owen and
J.J. Giles Esq., Arthur James Wightman, the landlord of the Harvey Hotel, was
summoned for selling drink on his licensed premises at twenty minutes to twelve
on Sunday night. He pleaded Not Guilty. Mr. G.W. Haine defended.
Mr. Reeve (the Chief Constable) said before calling the
evidence he would like to draw the Magistrates` attention to Section 83 of the
Licensing (Consolidation) Act. It read as follows; “In proving the sale or
consumption of intoxicating liquor for the purposes of any proceedings relative
to any offence under this Act it shall not be necessary to show that any money
actually passed or any intoxicating liquor was actually consumed. If the Court
hearing the case are satisfied that a transaction in the nature of a sale
actually took place or any consumption of any intoxicating liquor was about to
take place, then the licence holder is responsible”.
Inspector Swift said about 11.40 on Sunday night, the 2nd
inst., he was in Dover Road, in company with P.S. Sales, when he saw lights
burning in the front room of the ground floor of the hotel, facing Dover Road.
He heard voices, then the playing of the piano and singing, both of which were
conducted in a suppressed tone. In a few minutes the piano stopped. Someone
said “What are you going to have?” A minute later a light was switched on in
the bar, which had been previously in darkness, and he saw the defendant go to
the engine in the bar and draw several glasses of beer. He left the bar with
the drink and shortly after returned and drew some more beer, with which he
left the bar. The light in the bar was switched off. About three or four
minutes later the light was again switched on in the bar, and the defendant
then drew some more beer, with which he left the bar. The light was switched
off. He kept observation until between five and ten minutes past twelve, when
the defendant came to the main door, and unfastened it. He (witness) met him
and said “Who have you on your premises?” He replied “Friends, but they are
just going”. He went in, and in the passage which led to the room referred to,
he found a man named Pitman, with a bicycle, apparently ready to make a start.
In the room there were eight other men, fully dressed, with hats and overcoats
on. Most of them were seated round the table. He said to the defendant “What
explanation have you to give for the presence of these men?” He hesitated, and
then said “I invited them here to have some music and a singsong”. He asked him
“When did you invite them?”, and he replied “About five minutes to ten. I think
it was about that”. One of the men in the room said “It was before that. It was
about twenty minutes to ten”. He said to the defendant “Your explanation is not
satisfactory, and I shall report you for allowing your premises to be opened
for the sale of drink during prohibited hours”. He replied “There has been
nothing sold here at all”. There were several glasses on the table, some
containing beer, some empty and dirty. After obtaining the names and addresses
of the men, one named Hale said “As a matter of fact, we were invited here this
afternoon”. All the men were local residents.
Cross-examined, witness said the singing was just
snatches of songs. While he was watching the bar the piano and the singing were
going on. He thought one man sang songs. He heard ragtime song being sung, but he
did not hear “Ora Pro Nobis”. (Laughter) There was no attempt to cover up the
bar window. All the men appeared to be sober. He did not say when he left
“Gentlemen, you can continue your party”. The landlord told him he could go
anywhere to search the place. He would not describe it as a bachelors` little
gathering.
In reply to the Clerk, the witness said the men were a
little surprised to see him. There was no chance for the men to bolt.
(Laughter)
P.S. Sales corroborated, and further stated that Inspector
Swift told the men when he took their names and addresses that they would be
reported for being on licensed premises during prohibited hours.
Cross-examined by Mr. Haines, the witness said some of
the glasses contained the drains of liquor and two pint glasses were about two
thirds empty. Some of the men did not look very comfortable when Inspector
Swift and he went in.
Mr. Haines, in the course of his defence, said
according to a section of the Act a holder of a Justices` Licence should not be
liable for any penalty for supplying any intoxicating liquors after the hours
of closing to private friends, bona fide entertained by him at his own expense.
Therefore, if he satisfied the Magistrates that they were bona fide friends and
were invited by the defendant and that they did not pay one penny for the
entertainment, then the case must be dismissed. There was no suggestion that
there was any noisy or rowdy singing going on.
Defendant went into the box, and said he had held the
licence for eighteen months. On Friday his wife went away owing to the doctor`s
order. The men were all friends. Not long ago some of them assisted him at a
concert. On Sunday morning he saw Mr. Davis and Mr. Highland and told them he
felt lonely, and asked them to turn up in the evening and have a little
singsong after closing time. Mr. Highland said he was going to Dover, and would
not be back until the last train. He told him to knock at the door and he would
let him in. Mr. Highland and his friends came. They numbered five. He asked one
or two Prussian Hermits, who had met previously in the house, to join the
party. He supplied the party with drink. He did not ask them for money, and no
offer was made by any of them. He gave the drink to the men voluntarily. He
switched up the lights in the bar. When he opened the door the Inspector stood
there, and when he was questioned about having a little party he invited the
Inspector in. He was surprised to see the Inspector, because it was quite
unexpected.
Cross-examined by the Chief Constable, defendant said
he invited Mr. Hogben and Mr. Highland to the house at dinner time. He left it
to Mr. Highland to bring his friends, but they were to be men whom he knew. He
invited Mr. Pitman and Mr. Dewell, who were in the club room, about ten minutes
to eight, before they went up to the Prussian Hermits` meeting. He was certain
he invited Mr. Davies at midday. The others were friends of Mr. Highland, who
brought whom he liked. He had not invited the four men who came with Mr.
Highland. Their names were Scott, Hales, and Harry, whose surname he did not
know, and the fourth he could not remember. One of the men he had never seen
before, but he came on the invitation of Highland. Mr. Highland and the other
four entered his house after closing time.
In reply to the Clerk, he said Highland was a
well-known singer in the town, and he extended the invitation to his friends
who were singers. The Prussian Hermits` lecture finished at ten minutes to ten.
When Highland came to the house he answered the door and Highland asked him if
it was convenient for his friends to come in with him.
In reply to the Chief Constable, defendant said the
Inspector did not ask him when he invited the men into the room. He did not
tell the Inspector that he invited them at five minutes to ten.
Re-examined by Mr. Haines, defendant said he invited
Highland`s friends into the house.
In reply to the Clerk, defendant said all the men, with
the exception of three, had taken part in smoking concerts at his house.
Herbert Davies, of 19, St. John`s Street, said he was a
bar manager. He sang on occasions, and had appeared at several concerts. He
knew Mr. Wightman as a personal friend, and quite frequently used the
defendant`s house. He had assisted the defendant at his house. On Sunday he
went to the house at midday, when he saw Mr. Wightman, who told him he was
going to have a little bachelor party after closing hours and asked him to
come. There were two other gentlemen in the bar, Mr. Hogben and Mr. Fred
Highland, to whom he also extended the invitation. He did not hear Mr.
Highland`s reply, but it was possible for them to have had a conversation
afterwards. In the evening he turned up shortly after half past nine, and at
closing time he went into a private room with Mr. Dewell, Mr. Pitman, and Mr.
Wightman, who asked them to go into the room. That was just before he closed
up. After closing time they had some music, and Highland arrived at a quarter
past ten. Mr. Highland and Mr. Hogben and friends came in. In the morning he
heard Mr. Wightman ask Mr. Highland to bring his friends with him. He had two
drinks on the invitation of Mr. Wightman, who asked for the others. He never
heard Mr. Wightman ask for payment or anyone offer to pay. He considered there
was no question of a sale. He was there when the police arrived, and the
Inspector, as he was leaving, said “You can get on with the party”. He only
heard the Inspector ask questions for an explanation. He did not hear Mr.
Wightman say that he gave the invitations just before closing time.
In reply to the Clerk, witness said he heard Mr.
Wightman tell the Inspector he asked some of them to come in the morning.
Cross-examined by the Chief Constable: Mr. Pitman and
Mr. Dewell were invited into the room after they left the meeting just before
ten o`clock, when they were in the bar. The three men with Highland were
strangers to him.
In reply to the Clerk, witness said he could not say
that the defendant had not invited Pitman and Dewell previously.
Frederick Henry Pitman, 73, Chart Road, said he knew
the defendant, and went to the defendant`s house for meetings. He had assisted
at some of Mr. Wightman`s concerts, as he was on the concert committee. On
Sunday there was a meeting of the Prussian Hermits. He went to the house at ten
minutes to eight, when he saw him in the usual way. Defendant then said that he
was going to have a party after closing time. Mr. Dewell, who was present, and
himself were invited to stay. At the close of the meeting Mr. Dewell, Mr.
Davies and himself went into the room. They did not pay for the refreshments
they had. He took it for granted that he was a guest.
William Reginald Hogben, a clerk, of Victoria Road,
said he was a singer, and had assisted Mr. Wightman with concerts. When he was
in the house at midday with Mr. Davies and Mr. Highland, Mr. Wightman invited
them to bring a friend or two to a party after closing time. Highland said he
was going to Dover, and he would not be back with his friend until after ten
o`clock. Mr. Highland turned up about half past ten, with friends who were
introduced to Mr. Wightman. Hey had refreshment, but no-one paid.
In reply to the Clerk, witness said five of them gave
songs.
Francis Frederick Highland, of 1, Radnor Cliff Road,
said he was a butcher. He was a singer, and had assisted Mr. Wightman at his
concerts. On Sunday he was in the Harvey Hotel, when Mr. Wightman gave him an
invitation to attend a party after closing hours, and he could bring one or two
friends. He was not certain that Hogben was there at the time. On his return
from Dover he was let into the house with his friends, two of whom he
introduced to Mr. Wightman. The men with him were Messrs. Hales, Thompson,
Wilson and Scott. He was not asked to pay for the drink, and he did not see
anyone pay. He considered they were all guests of Mr. Wightman. When Inspector
Swift left, he said “Now, gentlemen, you can continue the party”.
Cross-examined by the Chief Constable, witness said he
did not think Mr. Wightman knew two of his friends previously.
The Chairman said the Magistrates thought the police
had done what was right in bringing that case there. It was not for the police
to hold an impromptu petty sessions on the doorstep. They had decided to
dismiss the case, but at the same time they would like to point out to the
defendant it would have been wise if he had given notice to the police that he
was going to have some friends in, as was generally done. The police were
perfectly justified in what they did, and it was certainly indiscreet on the
defendant`s part not to have given that notice.
Folkestone
Daily News 8-10-1913
Wednesday,
October 8th:
Before Messrs. Ward, Herbert, Harrison, Vaughan, Swoffer, and Linton.
The
transfer of the licence of the Harvey Hotel was granted to Mr. Gough
from Mr. Wightman.
Folkestone
Herald 11-10-1913
Wednesday,
October 8th:
Before Mr. E.T. Ward, Mr. W.G. Herbert, Alderman T.J. Vaughan, Mr.
G.I. Swoffer, Mr. R.J. Linton, Alderman C. Jenner, and Councillor
W.J. Harrison.
The
licence of the Harvey Hotel was transferred from Mr. Wightman to Mr.
Gough.
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