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In court Monday 10th October 1859, Samuel Barber was accused of having 29 people drinking in his house at a quarter past eleven on the previous night. The defendant swore that no drinks had been drawn after eleven o'clock and it was he who asked the police to clear the house. The request was said to have been refused, but this was denied by the constable. The defendant was discharged after agreeing to put 5s in the poor box. On Wednesday 19th October 1859, Barber was again in court complaining of dereliction of duty of police sergeant Fryer, in not preventing a disturbance near the FISHING BOAT, on the previous Saturday. The charge was rebutted and it was alleged that Barber and another man had in fact been guilty of `the most riotous conduct' on that night. On Thursday 20th October 1859, Samuel Barber accused Sergeant Joseph Fryer of neglecting his duty and insulting him. Initially the magistrates said the matter was for the Watch Committee, not them, but when Barber changed the charge to assault, it was agreed that the case would be heard the following Tuesday. On Tuesday 25th October 1859, Samuel Barber accused Sergeant Fryer of misconduct. Some time previously, Barber had wrongly been accused of being drunk and disorderly, later he had been accused of having his house open at an illegal hour. That case had been dismissed with a caution. Since then it was alleged that Fryer had dogged Barber's movements, watched his house, injured his trade and interfered with him. On 15th October, Barber, with several friends, including Mr and Mrs Anderson, headed the fifty or so yards to the HORSE & GROOM when Fryer came up and put his hand under Mrs Anderson's bonnet! He then stared into the face of Barber and his friends without speaking. Fryer claimed that Barber had perjured himself and all of his witnesses had materially contradicted each other. He had merely carried out his duty in clearing several people who had congregated. Barber had been very abusive and a greater rascal or scoundrel did not exist. The bench dismissed the charge. Before the Magistrates on Monday 26th November 1860, Samuel Barber confirmed that the previous day, he had made a complaint against Sergeant Fryer to Sergeant Barnes at the station-house. It was apparently a practice at the court that by payment of 2s, an accuser could `order up' the offender to appear in court. In spite of the accusation of neglect of duty and threatening language, Sergeant Barnes had refused to order Fryer to attend the court and said it was a matter for the Watch Committee, he did however put the matter of threatening language `on the slate'. The representative in court for Mr. Barber argued that it was not for the police to decide where complaints against the police were to be heard. The case continued the following day and eventually the charges were dismissed by a show of hands by the magistrates, nine for dismissal, three against. The representative for Sergeant Fryer called for sureties of the peace, as he had been called a `false swearing rascal', and threats and impertinent observations had been made. The VOLUNTEER by 1903 |
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Entry No 374 in Licence Register (Volunteer)