Maidstone Telegraph, Saturday 10 September 1870.
Tunbridge intelligence. Selling beer without
a licence.
Solomon Page, Hadlow, was charged with selling beer without a licence
at Hadlow, on 14th July.
Mr. Williams, excise officer, prosecuted, and Mr. Palmer appeared for
defence.
Robert Armstrong deposed he was a labourer, residing at Shipbourne.
On the 14th July, he went to defendant's house and got a pint of beer,
for which he paid 2d. He drank the beer on the premises. A man named
James Neville was with him, and also had a pint. He had had beer there
previously.
By Mr. Palmer:- Have worked with defendant. Page has sometimes
brought beer into the field, and they had clubbed around and paid for it
on the Saturday night. He saw Page's son on the 14th, but did not ask
him to get some beer on the sly. He knew the landlord of the Bull, at
Shipbourne, but never heard him say he will give anyone a pound if they
would prove that Page had sold beer. He told the policeman the same
night as he had the beer. They had a few words about an axe. Witness
brought an axe, and defendant asked him for the money. Neville was in
the house when witness paid for the beer, but he did not think he saw
the money paid. He had never told a different tale this.
Mr. Palmer denied that any beer had been sold. The two men have given
some beer by a gentleman, and had entered defendants house, which they
would not leave until some more was given them. He would prove to their
worships that the evidence of Armstrong was perfectly unreliable. He had
sworn that he never asked the young man to draw him some beer. He will
call the young man who would swear that he did ask for beer, and if they
believe this he would ask them to put no reliance in Armstrong's
statement. He would also call them and Neville, he would say that he
never saw any money paid, and it would be impossible in a small room
like defendant's, if any had been paid for him not to have seen it.
He then called Albert Page, son of defendant, who deposed that on the
14th of July, Armstrong and Neville came to his father's house. His
father and Neville went into the garden, but Armsrong remained behind.
Armstrong asked him twice to give him some beer, but witness refused.
Armstrong and Neville had not been in the house since. About a fortnight
after witness heard that Armstrong had charged his father with selling
beer.
Armstrong was drunk.
By Mr. Williams:- My father does not keep a cask in his house. He had
one 4 1/2 gallon during the harvest.
By Mr. Goldsmid:- He had not told talked the matter over with his
father. He had not told him what to say.
James Neville deposed that he went with Armstrong to defendants
house, and left him there while he and defendant went into the garden.
When they came back they had some beer given them. He did not pay for
it. He had been there before and had beer, but had not paid for it. They
clubbed around on the Saturday night, and paid for the beer. Witness did
not see any money paid except 3s. for the axe. If any had he must have
seen it. After they left defendant's house they went to Shipbourne
"Bull", and witness paid for some beer he owed for. It was the custom
for one of them to get the beer and carry into the fields, and they then
all helped to pay for it. Armstrong told him the next morning he had
paid for the beer, and witness replied that he did not see him if he
did.
The magistrates were of opinion that there was not sufficient
evidence to convict the defendant, especially as the man Armstrong was
drunk when he gave the information, and had had a quarrel with
defendant.
Mr. Williams gave notice of appeal.
Mr. Palmer applied for costs, but they worships declined to make any
order.
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