The Sun.
London, England, 1860-04-20 00:00:00

THE COACH AND HORSES.--BEN CAUNT.

The appeal of Mr. Caunt against the refusal of his
license to sell exciseable liquors was next taken:

Mr. D. Keane and Mr. Tindal Atkinson appeared for the
respondent magistrate, and Mr. Sergeant Ballantine and
Mr. Metcalfe appeared for Caunt.
Mr. Keane, in supporting the refusal, said that the ma-
gistrates were governed in the decision to which they had
come by the most careful consideration. The license was
refused on three grounds; first, that Caunt permitted gam-
bling in his house; next, that he was in the habit of getting
drunk, and, therefore, a very unfit person to conduct a pub •
lic-house ; and, thirdly, that it was a house of the same
description—viz., a "fighting house," and, consequently,
a nuisance to the neighbourhood. In addition to these ob-
jections, he had to inform the bench that Caunt
had been fined no less than four times by the
magistrates. Once in 1856 he was fined £3 ;
_ _

next, in 1857, when he was fined 20s. for permitting dis-
orderly persons in his house ; then in 1858, for permitting
drunkenness ; and lastly, in 1859, for again permitting dis-
orderly persons tc, assemble at his house. He felt he should
be able to prove all that he had stated, and that being so,
he thought the refusal of the magistrates would be affirmed.
He then called

James Cooke, police constable F 161, who said—On the
16th of Dec. I was on duty near the Coach and Horses, and
I heard a cry of police, and a female told me I was wanted at
Mr. Count's. I went to the house, and I was directed to
stand at the door to see that no one left the house. I was
relieved by constable 30 F. He and Sergeant Davis went
in. I know nothing of what took place inside.
The records of the convictions ;were here tendered as
evidence, but the Court ruled that they were not
admissible.

Constable F 30, said I went into the house on that °ea-
alma. A. gentlennut named ciarrett said, in tho pronenoo of
Caunt, that ho had been robbed and assaulted,
but the man had gone away and that Caunt knew where
he was. This Caunt denied, and said the money had been
lost fair enough. Garrett said he had lost about £l4.
This was in the bar parlour. Caunt was drunk. He had
a pint pot in his hand, but I don't know what was in it.
Sergeantßallantine —A policeman never does. (Laughter.)
Witness continued—A person named Page was also
there. He said the money had been fairly lost.

Cross-examined by Sergeant Ballantine—Caunt never
said he had been in the club-room. Sergeant Lambert was
present. He heard all that was said.
Policeman 14 C—l was inside the house on the occa-
sion referred to. Caunt said that Garrett and several
others had been playing cards all day, and that the money
was fairly lost. Caunt was drunk. I have been in very
frequently, and I have sometimes seen Caunt drunk. In
December, on the occasion of a prize-fight coming off, I
have aeon great numbers of bad characters outside. I have
seen pictures of Heenan and Sayers exhibited in the win •
dews.

Cross .examined —I have seen such pictures as those I
have named in other public house windows. I have been
told sparring has been permitted in the house, but I cannot
swear that it was.

Alderman Salomons—How many times have you been in
Caunt's house l'

Witness —About 18 times.
Alderman Salomons_And how many times out of those
have you seen Caunt drunk ?
Witness—About 10 or 12 times.
Sergeant Ballantine asked the bench to ask the witness
if he did not swear, when the magistrates below refused the
licences, that it was only six times ?
Witness—l said that six times out of those I had seen
Caunt intoxicated, he was very drunk.
Police-constable 4 F said that on the 16th of December I
went into Caunt's house, at 12 o'clock at night. Garrett
said he had been drugged and " bested" of about £l4.
Caunt said he had lost the money fairly, that he (Garrett)
had been dining there, and had drank 14 bottles of cham-
pagne. Tom Paddock then came in and took the pint pot
from Caunt's hand, which he said contained champagne.
Ile drank some of it, and then handed it to me. I refused
to drink. Garrett complained that he was ill from the
effects of the champagne, but not drunk. Caunt was very
drunk.

Inspector Webb gave evidence to the effect that card
playing had been allowed in the house. Caunt, however,
told him that if they had been played with the parties must
have brought them in with them as he had never supplied
them. Caunt has been very frequently cautioned about the
way he had conducted his house. On the occasion of the
tight by Tom Sayers and Bob Brettle it took six police-
constables to keep the street clear before Caunt's house.

Superintendent Hannant said he had seen a bill in the
window of Caunt's house announcing that "sparring" took
place there every evening, and he had received complaints
of the manner in which Caunt conducted his house.
Mr. John Groom, beadle of St. Martin's Parish, said he
had been sent by the churchwardens on Sunday, the 16th
January, to ask Caunt to take the pictures of Sayers and
Heenan out of his window, as a crowd of persons collected
in front of it in consequence of them being there during
divine service.
Mr. W. Lock, residing next door to Caunt's house—Said
ho was frequently, during the last two years, disturbed by
the noises from Caunt's house. He had frequently been
awoke in the middle of the night by bumps against the walls,
banjo playing, clog dancing, and such like noises. During
the last week he had lest entirely three days business in con-
sequence of the crowds congregated outside Caunt's house
discussing the fight for the championship. He was com •
gelled to shut up the shop at seven o'clock in the evening
instead of nine, owing to the crowds in front of Caunt's
house. The nuisance was altogether intolerable.
Mr. Marshall, churchwarden of St. Martin's, said he re-
sided opposite Caunt's house for nearly 14 years in St.
Martin's-lane. His business suffered greatly in conse-
quence of the crowds who frequently collected at Caunt's
house. He had frequently to sand to Vine-street Police
Station to ask for the assistance of the police to enable his
customers to either enter or leave his shop.
This was the case for the respondent.
Mr. Sergeant Ballantine then proceeded to address the
jury on behalf of Caunt. Ho contended that the case for
the refusal of the license had not been made out. The ma-
gistrates by their:decision were not simply fining a'man five
or ten pounds for some offence against the licensing laws,
but their decision was, in fact, a yes or no to a question
which involved his utter ruin. It was well-known that
men of the position of Can't, by the assistance
of friends, and the hard-earned savings of their
own, took public-houses aid after having done so
it would be absolute ruin if that license was taken away
from them without a fair warning. He had conducted the
house well for about 18 years, during which there had in
fact been but one conviction proved against him. The magi-
strates well knew that a few years ago Caunt had had the
misfortune to loose two of his children by fire,
and that calamity had been increased by the loss of
his! wife. He had, to s certain extent, had recourse to a
method which destroyed recollection for a time • but he
was not what was imputed an habitual drunkard. He
trusted the bench would reverse the decision of the magis-
trates below, and the expense and anxiety of the present
proceedings would act as a final warning to his client.
Mr. Bodkin then put the question to the bench, when
there appeared—
For the renewal

Against it
Majority against renewal
The decision of therm rgi,;:t-iates below was affirmea, and
the licenze was refused.
Poland, on behalf of Langham, asked i tho beach