From the Deal, Walmer, and Sandwich Mercury, 20 November, 1869. 1d.

DRUNK AND DISORDERLY

John May, waterman, was brought up charged with being drunk and disorderly in the public street early the same morning, and also with assaulting the police.

Sergt. Brothers deposed: This morning, about two o'clock, I was in Lower Street, near the Bank, when Thurston, a coastguard-man, came to me and said Mr. Read wanted me to go at once to the "Scarboro' Cat" public-house, as there was fighting going on there. I at once proceeded in company with P.C.'s  Cox and Spicer, and when we arrived near the house, which is in Beach Street, I saw Mr. Read and spoke to him. He said to me, "Here we are; we've got blood for supper to-night." and he also told me there had been some fighting going on in the road near the "Scarboro' Cat." I went in and saw the landlord, Mr. Bingham, and told him there were complaints about his house. He replied, "What can I do? They are in there and I can't get them out. Will you clear the house for me?" I went into the other room and there I saw the prisoner and others sitting. I told them I had come to clear the house, and May directly said he would fight us. I told them we did not fight but had come to make peace. They then all came out of the house into the street. There were I should think about six men in the room, but they were not particularly noisy. They were sitting there, and appeared to be drunk. They all behaved very well except May. When we got outside he commenced swearing and cursing fearfully, and said with an oath that Spicer had been robbing everybody in the town. [A voice. "Not far short either." The spectators were informed that if proper order were not kept the court would be cleared and the case heard privately. One of the principal disturbers was ordered to leave the room] - meaning, I suppose, the constable present. May continued swearing and walked with the others northwards towards Mr. "Hatton's Brewery." I heard his companions try and persuade him to go home, but he said he would not go for £5. I then went to him myself, and said to him, "May, this will not do; and if you continue I must certainly lock you up." He then broke from his companions and said, "I can be locked up, and then to-morrow morning I can defend myself." I took him into custody, and when inside the Police-station he became very violent. I told him he must conform to the rules of the Station-house and that he must be searched. We then tried for more than half-an-hour persuading him to be quiet and ultimately I had to force a knife out of his right hand. He got the knife in his hand whilst we were searching him. It was not open - he could not have got it open if he wanted to, as we had hold of both his hands. We had to drag him into the cell, and whilst doing so he struck me on the shoulder with his fist. He appeared to know what he was about.

The Mayor expressed surprise that as there were three constable present they should have allowed the prisoner to strike one of their number.

Brothers explained that the blow was given whilst scuffling with prisoner in a narrow passage.

In defence, May said he spoke a word about Spicer and said that at one time he was quite as bad as any man in the town as regarding stealing, and Spicer then came back and said, "Look here. If you repeat that I will have you locked up." He (the prisoner) then said that if he wanted him particularly he would be locked up, and went with the Police to the Station-house. Not one of them laid hands on him and he walked quietly with them to the Station-house. After he got inside he wished to go home and the police would not let him, and he did then certainly object to be searched.

Sergt. Brothers said the prisoner's statement was perfectly correct, only that the conversation about Spicer took place just outside the public-house, and occurred some time before he was taken into custody.

P.C. Spicer said: The prisoner said I had been robbing every child in the town, as was well known. and then came and pulled him out of the house. I asked him what he meant, and he said, "I did not mean you, Harry, and have not got anything to say against you." Several of the others also said he did not mean me. They all went away, but another altercation afterwards took place near to the Brewery.

After consulting with his fellow Magistrates, the Mayor said: You see, May, you have laid yourself open to a very serious offence, for under a new Act the punishment for assaulting the police is very severe, and were we to go into that the sentence would be imprisonment for six months. But as we do not think you a reprobate, and believe that when you are really sober you are a good man, we will not give you that punishment; but the least we can do with you is to give you seven days in Sandwich gaol, with hard labour.

Prisoner pleaded hard for the decision to be altered to a fine, as he had never been in gaol before and did not like to go there and leave his wife and family outside.

After some hesitancy, the Magistrates re-considered their decision, and altered it to 40s.

Prisoner thanked the Magistrates and remarked that he would rather pay £40 than go to prison for seven days.

The Magistrates told him they were glad to find that he had such an objection to the inside of a prison, and hoped that his present escape would be a warning both to him and the others. The law must be put in force and the police must be protected.

Mr. Hughes inquired of the police how it was that the public-house mentioned in the above case came to be open at two o'clock in the morning.

P.C. Cox said he passed the house at half-past one and found it open, which he reported to the sergeant.

Mr. Hughes thought that the police should report all such cases to the Magistrates as they occurred so that they might have all the evidence before them; because he thought it was the full determination of the Magistrates at the next licensing day to exercise very great vigilance and not to give licenses to any of those houses that should be reported during the year. He thought it was only fair that the publicans should know this beforehand.

Sergt. Brothers enquired whether the police had power to order a public-house to close at a certain hour or any night except Saturday, as he had always understood they had not. If they had they would be very happy to do so.

The Clerk said they had not.

The Mayor remarked, however, that in cases like the present they could certainly report the house as disorderly.

It was stated that the landlord of the "Scarboro' Cat" had only been in the house a few days, and as he might not be thoroughly be aware of the rules it was decided that he should be ordered to appear before the Magistrates on Thursday next and receive a caution.