Mexborough and Swinton Times August 26, 1916

Denaby Landlord and Waiter Fined
A Singular Case
Supplying More than Ordered

James William Payne, landlord of the raspberry Arms, Denaby, was charged with supplying buyers’ agent more liquor than ask, and Elijah Kelley, waiter, was summoned for supplying the liquor.

T Catterall, Wakefield, appeared for the prosecution, Mr F Allen for the defence

In opening the case Mr Catterall stated that the waiter supplied two pints of beer to PC Turner, who was in plain clothes. One bottle contain 6 ½ ounces over measure and the other 5 ¼ ounces more than the quantity of, and he submitted it was the landlord’s duty to visit the various rooms and see that the place was conducted properly.

PC Taylor deposed that he visited the Reresby Arms at Denaby at 8.15 at night, and entered the bottle department. He was in plain clothes. Kelly was behind the bar, and fully a dozen persons were supplied with beer from the pump. The beer was not measured. Witness had 2 quart bottles with him. He placed them on the counter, and said “2 pints of beer, one pint in each.”

Kelly took the bottles and place them under the tap and drew a quantity of beer, without measuring it. Witness handed two shillings to him and received 1s 4d change. The beer was drawn into bottles without being measured. Witness left, and subsequently returned with Inspector Barraclough. They saw Payne and the Inspector told him that the witness had just been sold 2 pints of beer, and showed him the bottles.

As soon as Payne looked at them he said, “That is wrong there is too much there.” The inspector asked him to fetch a standard measure, and he did so and measured each bottle. When he looked at the first bottle you said there was nearly a “Jack” over, and the other was nearly as bad. The other measure was put in a separate bottle. Kelly said, “This is bad, it lies on me,” and Payne said, “it is and lies on me to.”

Mr Allen: Kelly is an old soldier. Landlord was not present when the beer was served? – No.

Directly you mentioned it to him did he said that he had warned them? – Yes.

Will you swear he never used a measure of at all – I will.

Do you know Kelly was discharged the same night. – No, I don’t .

Why didn’t you tell him you are a constable before you left the house?

I obeyed instructions – Your instructions were not to do ?

Yes, I am a stranger to Denaby, and don’t know the landlord.

Inspector Barraclough corroborated, and said that as soon as the landlord saw the bottles he said, “This is wrong – there is too much there, and I have told them many times about it.” Witness asked him to produce a measure “There is nearly a jack over there,” and with regard to the second; “that is nearly as bad

Mr Kelly: He has never been summoned under the Licensing at? – Not to my knowledge.

Did Kelly tell you is an old soldier? I don’t know that personally.

In defence, Mr Allen said that with the best intentions Payne had employed incompetent men to some extent to do the work. Kelly was a discharged soldier, and was put on by Payne with the idea of keeping him and his wife and children from starvation.

Kelly said he did measure the beer, but he must be mistaken, and if he did measure it he must have done it very badly. If the magistrates believe that Payne had cautioned the waiters, he thought they would come to the conclusion that the landlord had gone a long way to conducting the house properly. It was impossible in a large house like that for the landlord to be in every part of the house at the same time. He submitted that the landlord had used every possible care, and there was a great difference between a man wilfully doing this and a man by his inability to keep his hand on everyplace at the same time having engaged a man to do it. He took it that the object of the police was to see that the law was not infringed.

Payne, the landlord was called and said he did not know about the sale of the beer. He told the police he had warned the waiters not only once but hundreds of time to measure the beer. Kelly was a discharged soldier and had a wife and two children, and they engaged him out of sympathy at the weekend, when he had learned the work he decided to put him on altogether. He had only been acting a few days. Only about an hour before the police came he had told him to be careful. After this incident he discharged him. Witness have been in the business 21 years, and this was the first time been summoned for an offence.

Kelly was called, and stated that he measured the beer.

The Chairman said the Bench had taken into consideration Kelly’s good character and whether it was any advantage to him to give over measure did not affect the point. As the landlord had employed an old soldier it was his duty to exercise more care than he did.

The landlord was fined £5, and the waiter £2.