PERMITTING DRUNKENNESS AT
                      FRIZINGTON.
                            ____
       
    Robert BRADY, innkeeper, Frizington, was
charged with permitting drunkenness on his
licensed premises on December 28th.  George
IRVING and William John HAWTHORN, miners,
Frizington, were charged with being drunk on
licensed premises.  Mr. E. ATTER defended.
    P.C. FISHER stated that about 10:30 p.m.
on December 28th he was on duty at Parkside,
Frizington, near to the Sun Inn, occupied by
defendant, when he heard a disturbance in
that house.  There was a noise of breaking glasses
and upsetting of furniture.  He went towards the
house, and when about thirty yards away he heard
a woman cry out  "The police are coming."  He
found in the kitchen seven or eight men.  Two of
the men were lying on the floor fighting with
each other.  Some of the other customers and
witness separated the two men, and when they
got on their feet he saw that both were drunk.
They were found to be George IRVING  and
William John HAWTHORN.  Witness requested
twice to leave the premises, and IRVING stagg-
ered out of the house and went towards his home.
HAWTHORN followed witness out, and he also
staggered away towards his home.  The house
was in great disorder.  Defendant was not present,
but his wife was.  She did not assist to separate the
men.  Witness called at the inn on Sunday evening
and saw the defendant, who said his wife had told
him all about what had happened on the previous
night.  When charged with permitting drunkenness
he replied, "I don't think there was any excessive
drinking; but so you have charged me, I can't help
it."
    Cross-examined by Mr. ATTER:  The two
men IRVING and HAWTHORN were prac-
tically stangers to him, and he did not know
what their style and manners were.  He could
see that the men were drunk as soon as he
picked them up.  He had been told that there
were men named M'MANUS, M'PAULIN, MOSES,
FRYERS, Henry CASS, and John BEWLEY in
the house.  The table was almost knocked over
and also the chairs.
    Mr. ATTER submitted that there was no found-
ation for the accusation that these men were drunk.
There was a disturbance in the house, but that was
not caused by drink.  Four men, including IRVING
and HAWTHORN, were playing dominoes, and a
quarrel took place during the game.
    BRADY said he had held the licence of the Sun
Inn since 1895, and previous to that time he had
occupied the "Bay Mar", "White Bull," and "Traveller's
Rest."  He also did carting on his own account.  On
December 28th he was out all day carting, and
returned home about six o'clock.  He was in the
house until about nine o'clock, and he then went
out to the stable.  When he came in again every-
thing was quiet and orderly.  At the time the police
came he was at the back of the house.
    By  Supt. KELLY:  He last saw IRVING and
HAWTHORN about 9:30 when he passed through.
He did not tell the inspector he was away.  He
said he was at the back of the house.
 
Witness did not go down as well, and when the
policeman came in he slipped back into his
seat.  He had three "joes" of ale while in the
"Sun," and he was not the worse for drink.
HAWTHORN, who had been in the house for
the same time as witness, was also sober.  After
the dispute HAWTHORN challenged witness to
play for five shillings, and Mrs. BRADY told them
they could not play for money or anything while
there.
    By Supt. KELLY:  He did not knock HAWTHORN
down.  He "just clicked his legs from under him."
(Laughter.)  They had three games. They were all
friendly games, and it was agreed that there should
be no "rogueing" (Laughter).
    And no fighting or knocking down?--No.
(Laughter.)
    By Mr. BURNYEAT:  He saw the landlord about
nine o'clock.  He did not see him again that night.
    HAWTHORN said he had two glasses of rum at
the "Royal Oak" before he went to the "Sun."  It was
about eight o'clock when he arrived at the "Sun,"
and while there he drank two more glasses of rum.
Another glass of rum was served to him, but he did
not drink this owing to the visit of the policeman.
When they quarreled over the dominoes witness
and IRVING had a short debate about their quali-
fications and he challenged IRVING to play a single-
handed game for half-a-crown or five shillings.
    In reply to the Chairman, defendant said he
was in the back premises from 9:30 to 10:30,
and he heard no disturbance during that time.
He was in a little back kitchen.
    By Mr. BURNYEAT:  He did not know the police-
man was in the house.  He was told afterwards.
    Mrs. BRADY said she was attending to the
customers in the kitchen on the Saturday
evening.  About 10:30 some of the men had
some words, but "there was nothing much."
She told them to keep quiet, and directly
afterwards the policeman came in.  The men
were not under the influence of drink.  They
had been playing dominoes, and she heard
 one say to the other, "I'll play you for half-
a-crown or five shillings."  She told them
they must not play for money there.
    By Supt. KELLY:  Her husband was in the
back kitchen and she believed he was alseep.
He was not the worse for drink.
    In reply to Mr. ATTER, witness said she did
not call out "The police are coming."
    IRVING said the first drink he had on Dec-
ember 28th was a "joe" of ale between four
and five o'clock.  He was at a football match
and had another "joe" after the match.  He
went home and had his tea, and about eight
o'clock he called at the Sun Inn.  While there
witness and three others commenced to play
a friendly game of dominoes.  There was some
dispute as to a played domino. (Laughter.)
HAWTHORN then rose and came round to
witness.  He said "Did I play the domino?"
and witness replied "No," and then clicked him
by the legs and threw him down.  (Laughter.)
The quarrel was over in a few seconds.  When
the constable came in witness went home and
had some supper.  He afterwards came down
the road again and spoke to John CLOSE and
James M'CURRIE.  He also called at a public-
house and asked if any of his mates had been
in.
    By Supt. KELLY: The Policeman did not help
him to get on his feet in the "Sun."  He got up
himself.
    Patrick DAVIS, fish dealer, Frizington, who
took part in the game of dominoes, said he was
with IRVING and HAWTHORN for about an hour
and a half, and they were not under the influence
of drink.
    Patrick M'MANUS gave similar evidence.
    By Supt. KELLY:  George IRVING was on the
top of HAWTHORN when the policeman came in.
    Evidence was also given by Michael M'CARTNEY,
miner's labourer, Frizington;  Isabella BRIGGS,
married woman;  John CLOSE, miner,  PARKGATE;
and Patrick FALCON, Frizington.
    The magistrates considered the case prove and
fined BRADY 40s, and IRVING and HAWTHORN 10s
each.
 
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