A Newton Landlord Fined £20: At the Moretonhampstead Petty Sessions, on Monday, before W. Ponsford, Esq. (chairman) J. Hill, Esq. and the Rev. H. G. Hames, Robert Hole, landlord of the Turk’s Head, Newton Abbot, was summoned by the Inland Revenue officials, for having sold cider upon two separate occasions, he not being duly licensed for the sale of the same. This was an adjourned case from the Crockenwell Sessions. It appears that there is in Moreton a Hotel, the, “White Hart,” owned by Mr. Pollard. A “Tap” is attached to the hotel, which is occupied by Hole, but nominally belongs to Mr. Pollard, Hole being employed to sell in Mr. Pollard’s name. Hole was now charged with selling cider to two Inland Revenue officers, first upon the 28th of July and secondly upon the 11th August. Mr. Bridgeman of Tavistock prosecuted and Mr. Creed, of Newton Abbot, defended. Mr. Bridgeman said, in opening the case that he should endeavour to prove that Hole sold in the tap nominally for Mr. Pollar, but really for himself, as he paid for the cider that he sold, and took the profits for himself. Mr. Pollard derived no profit from the sale. Mr. Jas. Foot said he resided at Newton Abbot and was an officer of the Excise. From information he received, he went up on the 28th July, to the White Hart Tap, Moretonhampstead. He was accompanied on that occasion by Mr. Frank Mann, who was also an Excise officer. He purchased a glass of cider and a glass of beer for which he paid 2½. One penny was the usual price for a glass of cider. Mr. Mann was sent by him to the tap on the 11th August. Previously to the 29th July, he had seen the defendant, and had cautioned him as to the sale of excisable liquors, and told him that he could not sell unless he was the bona fide servant of Mr Pollard, and was selling for his benefit. Subsequently to the purchase of the cider, he saw Mr. Pollard, the proprietor of the White Hart Hotel, and spoke to him with reference to this case. He did not ask Mrs. Hole to produce the licence to sell cider, nor did she produce one. — Frank Mann said he went with Foot to the tap. He corroborated that witness. — George Tavernor said he lived at Dunsford. He had sent cider to Mr. Pollard between corn harvest and Michaelmas. Had not sold him any before but his brother had. Pollard paid for some of it, and Hole for the rest. He sold Robert Hole six or eight hogsheads of cider. Mr. Pollard paid him for part of that sometime in October or November in his own room at the White Hart Hotel. The witness would not swear Hole had paid for the cider before or since the 10th November. It was certainly before Mr. Pollard paid part. Mr Pollard gave him a £5 note, and he gave no change. Hole had paid him money once or twice before. Mr Pollard had had many hogsheads off him. — Cross-examined by Creed. The cider was sent to Mr. Pollard. Hole had told him that Mr. Pollard had authorised him to get cider where he could whenever want it. — John Taverner said he was a farmer and resided at Dunsford: Had sold Mr. Hole cider in the year 1874. Hole paid him for it. Mr. Pollard had bought cider off him for the past seven years. He saw Mr. Foot in front of him. Mr. Foot came to see him back in harvest. He had some conversation with him on this case. — He told Foot the same he told the Bench to-day, near he could recollect. — Cross-examined by Mr. Creed: had sent cider to the tap before Hole. The casks had always been marked to Pollard. — Thomas Pollard said he kept the White Hart Hotel at Moreton. He knew Robert Hole. He was in his employ. In July last, the defendant was occupying the tap. He occupied that tap under him. He did not pay any rent. He (witness) paid him for being there. Paid him 6s a week. The 6s was allowed in the running account. It was an understood that Mr. Pinsent should allow him 6s a week. The witness settled with Mr. Pinsent yearly, Mr. Pinsent was a brewer, spirit merchant, etc. of Newton Mr. Pinsent supplied the tap with Beer. — Mr. Bridgman cautioned the witness, and asked him; was there not a written document between Hole and Pinsent that Hole was the tenant of the tap? — A: No, not that I am aware of. He did know a person named Mr. Yelland. He had a son. He could write. He would swear that his son had never written in a memorandum book an agreement between Pinsent and Hole: Had not recently had a memorandum book in his possession. He had burnt lots of documents. He didn’t keep them. After all he had burnt a memorandum book, but he could not say when he had seen it last. There might have been an agreement in the book without his knowing it. He had been subpoenaed to produce books, but he had not any to produce. There was nothing but a verbal agreement between Mr. Pinsent and himself to supply beer to the tap. He said he did not account to him for the profits of the past year. He was not a tenant of his now. He had not accounted to him for the 2½ spent upon the 28th July, nor on the penny upon the 11th /August, in fact he had not accounted to him for any cider sold in that tap during the past year. He gave Hole a three month’s notice, he did this upon the persuasion of his wife, who begged him not to turn them out at once. He did not receive any profit from the cider sold by Hole during 1874. He had had a dispute with the Taverners on one occasion. Subsequent to that dispute he did not think he had bought any cider; he did not want to eject Hole from the lap. Hole did not object to going. He had never spoken to him about leaving. He knew Mr. Yelland was a solicitor’s clerk. He would venture to swear that there was no agreement in the destroyed book between Hole and Pinsent, to his knowledge. It might have been there. He could not swear whether Hole paid Pinsent monthly installments of rent. There was an arrangement between Mr. Pinsent and himself. During 1874 he did not pay Hole anything for being at the tap. He had not sworn at the Crockernwell meeting that Hole sold everything for his benefit. The minutes were read of that meeting, and it was shown that the witness had sworn to it. He now said he would not swear that everything sold in the tap had been sold for his benefit. Cross-examined by Creed: The tap was part of the hotel, and as such he was licensed for the sale of excisable liquors there. All the glasses and furniture in the tap were his property except the bed. As an ordinary rule, he did not keep cider in the hotel. Those who wanted it (except commercial travellers) had to go round to the tap. The wine and spirits sold in the tap came from the bar: Never said a word to Hole about selling cider in the tap. Settled up everything at the end of the year with Mr. Pinsent, and received yearly a sum of money, profits tap. — Re-examination by Mr. Bridgman: Did not receive any sum from cider sold on the tap. — Edward Yelland said he was a solicitor’s clerk. He had recently resided at Moretonhampstead, with Mr. Harvey. He knew Robert Hole, the defendant. He (witness) had seen a memorandum-book containing agreement made on the one part by Hole, and the other by Thomas Pinsent. He saw it before July in the year 1874. It was an agreement that Hole let Pinsent the White Hart tap at so much per week, payable monthly: The agreement was neither signed nor sealed, He did not know who drew up the paper. He told Hole the agreement was worthless. He had not seen the paper since. He did not know that it was burnt. He had had a conversation with Hole with regard to the payment of the rent. Hole asked him if Pollard could turn him out, and he told him he paid his rent to Pinsent. — Cross-examined Creed: Certainly, Hole did not say the rent was paid through Pinsent. – Mr. Thos. Pinsent said he was a brewer, residing at Newton. He knew the defendant, Robert Hole. He had never entered into any agreement with him relative to rent. Hole used to pay him 6s. week, not he pay Hole 6s. (Sensation.) He took the 6s. because Pollard asked him. He did not give Hole a receipt for the 6s. Never put his initials in a memorandum-book opposite these payments. His firm kept books, of course. He did not believe there was any running account, if any account whatever between Hole and the firm, Mr. Pollard was not always present when Hole gave him orders, he should have to hand over the money he had taken from Hole to Mr. Pollard shortly, as the time was near when their yearly account had to be settled —. Mr. Creed now replied upon the whole case. He called no witnesses, but — that Hole was a servant of Mr. Pollard and sold the cider in his name. — After a good deal of contention, Mr. Bridgeman replied from Mr. Creel’s argument, and the Bench retired to consider their verdict. — Upon their re-entering the Court, they said they found the defendant guilty upon both charges and should fine him £10 in each case.
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Referenced
GRO0831 Devonport: Thomas Pinsent: 1842 – 1889