The Sun.
London, England, 1868-11-25 00:00:00

HER MAJESTY.

WINDSOR CASTLE, NOV. 24.
Her Majesty, accompanied by Princess Beatrice,
walked in the grounds this morning.
The Crown Princess of Prussia and Princes°
Teck drove out.

SANGUINARY FAC7ION FIGHT IN

IRELAND.

CORK, Nov. 24.
A fatal collision took place last evening between
a riotous mob and the constabulary at the fair of
Kilbrittain, a small place within six miles ef
Bandon. The late editions of the newspapers
supply contrary accounts. One reports that it
was a faction fight at the close of the fair, and
which the constabulary sought to repress, when both
parties combined against the constabulary, killing
six of them, the constabulary shooting down several
rioters. Other papers attribute the disturbance t°
the late Bandon election, resulting in a deadly
conflict between Colonel Bernard's adherents and.
opponents. These papers say that many of 0°
rioters were shot and policemen seriously injured'
Colonel Bernard's steward was killed.

THE REFRESHMENT HOUSES

HAYMARKE7.

Yesterday, at the Marlborough-street Police'
station, Christopher Dovanos, refreshment-house
keeper, of No. 50, Haymarket, appeared to answer
a summons for keeping his house open for the sale
and consumption of certain refreshments during
the prohibited hours before Mr. Tyrwhitt.
The case was fully gone into on the last occasion
and adjourned for the decision.
Mr. Tyrwhitt said this was a summons under the
27th and 28th Vic., cap. 64, sec. 5, the last refresh'
went Act, and it charged the defendant with un-
lawfully opening his refreshment house for the eon'
sumption of certain refreshments between the hours
of one and four, in the morning of the 29th Oc-
tober, 1868. That day was a week day, and the
defendant's licence to keep the refreshment house
was produced. The above Act provides that no Per-
son within the limits of this Act shall open or keep
open any refreshment house, or sell or expose for
sale or consumption in any refreshment house any
refreshments or any article whatsoever between the
above-mentioned hours, namely, between the boars
of one and four in the morning. .1 reject the words
in the summons, "for the consumption of certain
refreshments," those words being, in my opininte'
only applicable to a charge of "selling refresh
ments," &c. ; and I take the charge in the slyly
mons to be unlawfully opening a refreshment hens°
between the hours of one and four in the morning'
which appears to me to be intended as a substan-
tial offence against the Act. The evidence Was ill
substance as follows :—A police superintendent/ 3y
five minutes past one in the morning of the 29th'
visited defendant's house, No. 50, Haymarket.
Five men and five women were there--four nice
and four women supping together in an upstairs
worn. Food and champaigne were on the table.
He visited the house again at five minutes to two;
one man and one woman were still there--th
man drunk and abusive. Defendant said they
were lodgers. The women were prostitutes'
On cross-examination he said the house °so
closed. He knocked, and some one said, "Te
late." Ile said, " Police," and the door was opened'
Another superintendent gave similar evidence 80
to the door, adding that one man and one wan%
were downstairs, four men and four women were
upstairs. At five minutes to two witness visited,,
the house again. Some one at the door said, "Too
late," but he was admitted on saying " Police.„
One man and two women were there—the vl3';
drunk and abusive. A police constable proved 03:
he was stationed outside defendant's house, and 3;
twenty-eight minutes past one saw three men al'
three women leave it, and at forty-two neinnte3
past two another man left. And the question is'
whether that evidence supported the charge of keep
ing open the house in the prohibited hours. Ne`:e
is the having persons at supper there after ouPse
o'clock prima facie proof of keeping the hens
"opened?" It may be said that, though the eater
door was shut, the house was " open" for the Per,
pose and accommodation of the persons at suPPed
they not being either guests of the licensse
person or lodgers, which last was in this °in
sworn to, but falsely, as appeared to me. Th115',130
" Finch v. Blundell," which occurred in 18662
ad,
door was shut when the police asked and got ect
mission, as in this case. The drinking being prod
on,
at half-past 12 on Sunday morning, the Court crio
held the conviction. "Tennant v. Cumberlanoa
was heard in 1863, and is reported in 2d Ellis noi,
Ellis, " Queen's Bench Reports," 401, and 23d 1,40
" Justice of the Peace," 51. It appears to 1311,
been held that an alehouse keeper cannot be eergi
victed of keeping his house open at unlawful henry
though persons are then drinking therein, if it 6'll
pears that the outer door is shut, Lord CaenPlit:e
inferring that they were in the house beforehere
beginning of Sunday morning, and remained t.s
till two on that morning. The report in 011,00
meagre, and two judges were absent. ,dat
Court, however, intimated that the defend
might be convicted of selling liquor at 111310i:0r
hours, unless it was proved that liq
or
was sold before those hours began, cis,
that the parties were the landlord's private frieviciej
On the other hand, in " Cates v. Smith," cleeltice
12th Nov., 1839, and reported 23d vol. " in
of the Peace," 739, four men were seen smokiagoo
a public-house with whiskey and water en Dor
table before them, at twenty-two minutes evog
the prohibited hour, which in that ease that
twelve. The Court of Queen's Bench bold estO
the landlord was not bound to turn out his ge 10
immediately on the clock striking twelve' picel
was sworn that nothing was served after tvr'' ee
and the conviction for keeping the house loot
after twelve was held bad. The outer 811,
was shut —a fact which appears to me, afteria A
immaterial, as it might be opened or shut 000
moment at the landlord's pleasure, unless the he.
was cleared as well as the door shut at on at
think that if the house was illegally open 00,
five minutes past one, it was also illegally 1P the
not merely for those five minutes, but for the
time the customers then there remained Tort/
house. The last of them left the house atstAte
two minutes past two. I regret the doubtfalbot
of the law. I see clearly that allowing W
lead
called a reasonable time for supping and lace 0
refreshment house after one o'clock is cse tae
those elastic or popular methods of giving
go-by to the objects of the Act which ear
make it legal to keep the house full ef also
tomers during the whole prohibited hours.
see that, by the easy process of swearing tuoeey!,
rn
thing was sold —that is, furnished for
obi
after one, any charge of selling in the Pr ed bI
hours could also be met, if the latitude allowdes o,o'
.
the above case is to stand. Therefore, in .ii3O
ing this summons by analogy to them, for
,0 the o
root
of forensic discipline only, I shall be ready it 7
a special case if the regular course reseee'
e a the
,
adopted by the police after consultation cueelo,
subject, as I think the cases I have acted on:s ; bat
be reconsidered. I shall dismiss the surnwell
se r that
I have no doubt in my own mind whate boose4
the framers of the Act intended that t“
should be entirely cleared by one o'clock.

eo'

ARMY REFORM.—No time is being lost ill prat'
the Army Control Department and givil4lased'
tical effect to the principles on which it has b°°l3,,itbert°
Colonel Martindale, of the Royal Engineers, War;
°
Superintendent of the Barrack Department at °Lot °;
office, has arrived at Aldershott with the aPPiI3-1, road,
Controller. Commissary-General Drako,
fills a similar post in Ireland, and it is runwureAfd altt''
Gibraltar, and the Cape. T
Controllers have been nominated to Portsmolitli,.., CO
of
nection with these stations are those of PriliciPdot
perintendent of Stores Gordon, C. 13. SuPari'lte,i'AsSo'
Stores Roland, Commissar General gaturio,
aunt Commissary -General Oa°
The names mentioued.,:i