Mexborough & Swinton Times – Friday 11 August 1893
Alleged Sale of Intoxicants Without License at New Conisborough
John Burnett, butter and egg merchant, Melton, was charged with gelling porter without a license at New Conisborough on June 26, and also with selling beer without a license at the same place on July 21.
Mr. Halt defended.
Peter Peplow, of new Conisbrough said he remembered ordering two dozen bottles of stout off the prisoner on the 26th June. They were delivered on the Tuesday following.
Wm Ball, Firbeck street, New Conisbrough, stated that he went to Mr. Burnett’s store and ordered dozen beers and a quantity of stout. Defendant replied that he could not supply him that day, but would let him have them on Monday. He had not received them. Defendant put them down in his order book.
Ben Rosebrook. Firbeck street, New Conisborough, said he ordered half-a-dozen bottles of stout off the defendant on the 16th July and they were delivered an the 22nd, when he paid for them.
Elizabeth Myers, New Conisborough, said she ordered nine bottles of beer on the Monday and had them delivered on the Saturday following She had had them almost weekly for about 10 months.
Police-constable Trueman said that defendant used part of the building adjoining the slaughter-house occupied by Mr. Taylor, butcher, New Conishorough, as a store. About four o’clock on the day in question defendant came to his store house, fastened his horse to a fence, and went away. He returned about six o’clock and took three full boxes out of his store and two casks of beer and placed them in his cart. He went up Firbeck street and delivered one cask of beer at one house. He proceeded down Buffington street and left one dozen bottles of beer at number 14.. Higher up lie left some more. Witnew next saw him at his store and on this occasion he put the boxes which he emptied into the store and took out three more full ones and also three casks of beer. He then delivered those two several neighbouring streets.
Mr. Wm. Burkett, the magistrates clerk, produced the registrar of licenses, and said that John Burnett was not licensed in the division.
Mr. Hall said he failed to see what offence he had committed. He hail an off license for Melton in the Rotherham Division and he knew the police were making enquiries about it, so he wrote to the excise office about it. The reply was that he was quite within his license and that he was quite in order in using the building as a store house. He did not take orders at the store. One man who has given evidence came to the store, but his order was not accepted. He had been very particular in the matter as he had no wish to break the law.
The Chairman said lie do nothing more thin take the opinion of the excise.
Mr. Hall said that if the justices thought defendant should not store beer in the village he would not do so.
The magistrates retired to consider the matter. The Chairman said there was not sufficient evidence to justify conviction, but it must be distinctly understood that the store must not be carried on. It was perilously near establishing a place of business.