Bristol Mercury - 12 October 1887
TEMPLE CLOUD POLICE COURT.
YESTERDAY.
Magistrates present — Mr S. S. P. Sambourne (in the chair), Col. Scobell. Captain Philp, Mr H. E. Hippisley, and Mr C. A. Kemble.
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THE LICENSING ACT.
George Brimble was charged that he, being the landlord of a beerhouse at Paulton, did sell beer during prohibited hours on Sunday, September 25th. Mr Carter (Clifton and Carter) appeared for the defendant. P.G. Moore said that on the day in question, about half-past eight in the morning, he was near the Somerset Inn, kept by the defendant. He went to the back of the house, and looked through a window near the door. He saw a man standing with his back to the door, and Brimble was facing him. The door was fastened on the inside, and he heard some one say, " There he is." A minute or so later defendant opened the door to him, and witness told him he wanted search the place. Inside the door, close by where witness had seen the man standing, there was a small table, on which was a pint cup, which contained beer, and on another table was an empty quart bottle. He locked through the rooms on the ground floor, but found no one, but noticing a trap door on the floor of the passage he opened it, and on going down a ladder got to a dark cellar. In a further compartment of the cellar he found two men, one in each corner. He spoke to one of the men, named Turner, who said that he lived there. The other man's name was Parfitt. They followed him into the bar, whore defendant was, and witness pointed them out to him. and told him where he had found them, and both men then asked witness to say nothing about the matter. Cross-examined — He saw no beer drawn or paid for. The beer in the cup appeared to be fresh. Mr Carter commented on the witness's admission that he saw no beer drawn, and no sale. He submitted that the charge must fall to the ground. Mr Davey, magistrates' clerk, said the magistrates might draw their own inferences, but Mr Carter said they could only draw an inference from what had been given in evidence. The men might have been in the cellar for a variety of purposes. The magistrates considered there was prima facie case for Mr Carter to answer. For the defence "Mr Carter called the defendant, who said he had been the landlord of the inn for nearly nine years, and had never before been summoned. At the time mentioned by the constable he was in bed. His daughter called him, and he went downstairs and saw Turner and Parfitt. No beer was drawn for the men, as they came to see him about the sale of some pigs. The cup referred to by the policeman was placed there on the previous evening. Mrs Brimble, Laura Alice Brimble, and Geo. Parfitt, for the defence, all denied that any beer was drawn or paid for. The men went to the house to speak to the landlord with reference to some pigs. The magistrates retired to consider their decision, and on returning into court the Chairman said they were unanimously of opinion that the offence was committed, and defendant would be fined £5 with 12s costs, and the conviction to be endorsed on the licence. Carter gave notice of appeal.
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