From the Folkestone Observer 28 September, 1861. Transcribed by Jan Pedersen.

SELLING BEER ON UNLICENSED PREMISES

Saturday September 21st: Before The Mayor and W. F. Browell, Esq.

Thomas Wilson, landlord of the "George Inn" appeared on summons charging him with selling one pint of beer on the morning of Sunday, September 15th, on premises not licensed for the sale. An application for postponement of the hearing was granted, on defendant paying 8s costs of the day, and 2s for attendance of witnesses.

Tuesday September 24th:- Before the Mayor, W.F. Browell, J. Tolputt, W. Major, W. Bateman esqs., and Capt. Kennicott, R.N.

OFFENCE AGAINST THE ALE HOUSE ACT

Thomas Wilson, of the "George Inn," appeared again today on the summons for selling a pint of beer on a Sunday morning on unlicensed premises. Mr. Minter appeared for defendant.

Stephen Smith deposed that he was a coachman living on The Bayle. He knew the defendant through his master renting a stall in a livery stable called the Albion Mews. On Sunday, the 15th day of September, at a few minutes past 11 o'clock in the morning, several men were in the harness room of the Albion Mews drinking beer. There was a two or three gallon bottle of beer, out of which three or four pints of beer were drawn whilst he (witness) was present, by William Wilson, the son of the defendant. One pint of the beer witness paid for. It was 2d. He paid the price to William Wilson. He put the money on the corn bin, and Wilson took it up. Shortly afterwards witness left. He was not asked for the money, but he paid for the beer because it was his turn to pay. Beer had been sold at the stables every day since he had been in Folkestone. He had frequently seen the defendant's son bring the beer to the premises in a large stone bottle. The defendant was not on the premises on the Sunday in question.

Cross-examined by Mr. Minter: He did not know the beer was brought there on Saturday. He did not go with a policeman to the Mews; but the policeman was present when the beer was served to him. He had a communication with the policeman about beer being sold on the premises, and it was in consequence of that that the policeman went to the stable. It might have been a trap to get Mr. Wilson fined. A coachman named Stock asked him to drink. Some time ago witness owed Mr. Wilson 24s., and when he paid him, Mr. Wilson made him a present of a sovereign. The last month's rent was the only rent he ever paid for the stables. Mr. Wilson refused to allow him the usual commission. He did not make any threat. He did not say to Mr. Wilson “I'll be even with you; I'll pay you out”; nor anything approaching it. The policeman was present when he paid the 2d. He paid the money in the harness room, on the corn bin. He could not say what William Wilson did with the money when he took it up. He declined to say what his motive was in laying the information.

P.C. Jones said he was on duty at 10 minutes past eleven o'clock on Sunday morning, the 15th instant, and went into the Albion Mews stable yard, occupied by Mr. Wilson, of the "George Inn." There were several servants in the yard. He saw one step up to young Mr. Wilson, and say “Here is the money for that pint I had”. Parties were drinking, and when the pint was empty, Stephen Smith said “Fill it again”. He said it so that young Mr. Wilson could hear him. When Mr. Wilson had filled the pint, Smith laid 2d down on the corn chest, and Mr. Wilson picked it up. Witness was then standing just opposite the door of the harness room. Mr. Wilson placed the money in his pocket.

By the court – He did not know whether young Mr. Wilson was servant to his father.

Cross-examined by Mr. Minter – He did not hear anyone say “There is nothing to pay. This is paid for”. He was not asked by Smith to go up there. He received instructions on Saturday night to go there. He did not notice a girl in the harness room. He would swear that no little child took the money off the corn bin from the time that Smith laid it down until Mr. Wilson took it up. The Albion Mews are about five minutes' walk from the "George Inn." The stables were, he believed, stables for any person to keep horses on livery. The persons who were there were strangers to him, but they looked like servants.

By the Court – When Smith offered the 2d., witness was in a position to hear what passed, and he did not think it was very well possible that if Smith was told there was nothing to pay he (witness) should not hear.

Mr. Minter then addressed the Bench for defendant, urging that there was no proof that William Wilson was the son of defendant, or was acting as his servant. It could not be said that if a person let out stables to twenty or thirty gentlemen, and the servants of those gentlemen choose to go and get beer and drink beer, that the owner of those stables should be liable in penalties. There was nothing to show that Mr. Wilson was aware that beer was on those premises, or was being sold. Before going into any evidence he submitted that in point of law there was no proof that Thomas Wilson permitted or suffered beer to be sold. There was also an absence of proof that there was any valuable consideration. The most that evidence showed was that 2d. had been paid to the son, but it had not been proved that that went to the father. It might have been proved by calling the son. It must also be proved that the beer belonged to the defendant.

After consultation the Mayor said that under all circumstances the magistrates would give the defendant the benefit of the doubt as to whether William Wilson was his son or not, and would dismiss the charge. (Applause.)