From the Deal, Walmer, and Sandwich Mercury, 11 December, 1869. 1d.

APPLICATION

Mr. Mourilyan was present and said he had an application to make to the Bench on behalf of Messrs. Hills and Son, brewers, under somewhat peculiar circumstances. It appeared that a tenant of one of their houses called the "Sun" had run away and taken the license of the house with him and therefore it was impossible to get it renewed at the last licensing meeting. There was a section in the Act which provided that in a case like the present the Magistrates could grant a fresh license to a new tenant, on what was called transfer days, or at a special session for that purpose. That day he knew was not a transfer day, and his application therefore was for the Magistrates to grant permission to a tenant, named John Bax, that Mr. Hills had got for the house to sell till the next licensing day.

The Clerk thought it necessary, before the Magistrates granted the application, that Mr. Hills should be present and depose to the facts stated, and as Mr. Hills was out of town some little difficulty arose.

Mr. M. Langley, however, who is agent for Messrs. Hills and Son, was present, and on his stating his ability to speak to the facts, he was sworn. He said: I am agent of Messrs. Hills and Son, brewers, Deal. The "Sun" public-house, Deal, belongs to them, and they had a tenant named James Armstrong, who was duly licensed to keep the house. Prior to the last licensing meeting he left the house, absconding in fact, leaving his wife behind him. She also left the house some few months before the licensing day, and delivered up possession to me, as agent, and gave me the key. The house was not let to anybody before the last licensing day, and has, in truth, remained shut up till now. I hold the key. The house is now let to John Bax. Armstrong did not apply at the licensing day for a renewal of his license, nor did anybody on his behalf.

Mr. J. Bax the tenant, was present, and said he was going to take the house in question as a yearly tenant, subject to six months' notice either way. He has kept the "Fishing Boat" beer-house, till within a short time, and had lived in Deal all his lifetime. He now applied to the Magistrates' certificate and authority to enable him to open the house in question prior to the licensing meeting without prejudice to the decision which the Magistrates might therein arrive at.

Mr. Mourilyan was afterwards and very much surprised to discover the license of the house done up amongst some other papers, and could not in any way account how he became possessed of it.

Superintendent Parker having stated, in answer to Mr. Iggulden, that there had been no complaints against the "Fishing Boat" during the time the applicant had kept it.

The application was granted.

From the Deal, Walmer, and Sandwich Mercury, 18 March, 1869. 1d.

BAX v. BAILEY

Mr. F. Mercer appeared for the plaintiff in this case, the landlord of the "Sun," public-house, the claim being for £7 3s., money lent in the month of November last, to defendant, a waterman, who was in the habit of using plaintiff's house. Defendant did not appear, and the plaintif having proved his claim, his Honour made an order for payment forthwith, and allowed costs for two witnesses.

From the Deal, Walmer, and Sandwich Mercury, 29 January, 1870. 1d.

DEAL PETTY COURT

Mr. Bax, landlord of the "Sun" public-house, George Street, wished to know what steps he could take against a man named Henry Larkins, who was in the habit of entering his house every evening after he had been elsewhere and creating a disturbance. He had several times got the man out the best way he could, but he bow came regularly every evening, and he (Mr. Bax) was afraid that if it were not stopped it would be the means of bringing a disgrace upon his character.

The Magistrates said the only advice they could give him was to lay an information against Larkins, and have him brought up for causing a disturbance.

From the Deal, Walmer, and Sandwich Mercury, 29 April, 1871. 1d.

A DISGRACEFUL CASE

Joseph Riddle, James Banham, and Richard Carry, three men belonging to the Royal Marines, were summoned by John Bax, landlord if the "Sun" with being drunk and riotous at his house on Sunday night last, and with refusing to leave the house when requested to do so by him.

J Bad deposed: I am the landlord of the "Sun," public-house, Deal. On Saturday night from between nine and ten minutes to one there were some Marines in my house. The three defendants were there, and also another. They were drinking beer. They were very quiet till 12, when I am bound to clear my house. At 12 I went into the tap-room and told them I must clear my house, but they sat there drinking, and took no more notice of me than they did the form they were sitting on. I waited a few minutes, and gave them a second warning, but they paid no heed to that, and I told them I had a sick wife and would be glad if they would leave, when the prisoners blasphemed me and my wife and then commenced fighting and quarrelling amongst themselves. Carry swore he would not go out of the house, and went and threw himself on to the stage, and the others continued fighting amongst themselves. When P.C. Carvey came round to the house the two, Riddle and Banham, went outside the house on the doorstep where they stood swearing they would not go away till the other man came out. They were drunk, but not so bad but what they knew what they were about.

By the Court: I could not tell what quantity of beer I served them with during the evening as I have a little girl to serve.

Examination continued: I should not have brought the men forward only that two of them came again on Sunday and they refused to leave at eleven. When I found they would not go I ran along the town, and whilst I was gone I found they took advantage of the little girl I had left in charge and took the candle from her, and threatened to thrash her if she did not get them more beer.

In cross-examination prosecutor admitted that he had told Colonel Rodney on Monday morning that the men were perfectly sober, whereas he now swore they were drunk. He denied that Riddle paid him one shilling for lodging at his house on Saturday night. He did not know of his knowledge that he had ever slept at his house with a girl, and he did not see Private White, one of the Military Police, or any other member of that body, at his house after half-past eight o'clock. He likewise denied that he had that morning offered to settle the case for 15s., but alleged that the men had sent Private White to offer him money to settle it, although this was strongly denied both by the men and by White.

Prosecutor called P.C. Carvey as a witness, but as he did not arrive at the house till sometime after the row had subsided, although he was there before the men left, his evidence was not material.

A little girl, the sister-in-law of prosecutor, corroborated his statement as to the men threatening her on Sunday night whilst her brother was gone for the police.

The men alleged, in defence, that on Saturday night they had all paid for lodgings, and then made certain allegations affecting the character of the prosecutor.

They called Sergt. Hodgson and Private White, of the Military Police, who swore most positively that they visited the "Sun" about half-past 11 on Saturday night whereas the prosecutor had sworn there were no Military Police there after half-past eight o'clock, and Sergt. Hodgson even detailed a few minutes' conversation he had with Bax while two of the Military Police went upstairs  to see who was then in the house. Private Fox, another of the Military Police, was also called, but although he at first objected to be sworn, he ultimately took the usual oath, but he was evidently an unwilling witness.

The case occupied a very long time, and more than one of the Magistrates had once or twice felt disposed to stop the proceedings, and eventually it was dismissed, the Magistrates telling Bax that no reliance could be placed on what he had stated, and also that the facts disclosed were anything but creditable to himself. He would have to pay all costs.