The Rhondda Leader

Ferndale Club Raid. (Continued from page 2). Mr. Nicholas: Just look at the last name to be found there—William Evans. Do you suggest that that has been manu- factured P—I don't suggest that. Do you say that Henry Jones was sober? -Perfectly sober. Did P.S. Richards ask him to stand up? ■—I can't say. Do you say he was under the influence of drink ?—I can't say. What do you define as under the influence of drink" ?-When a man has only had a pint or two, he is not under the influence of drink. What did Powell say, when the police accused him of being drunk?-" I hope you will not say this man is drunk." The Stipendiary (reading from his notes): Surely you will not say this man is very drunk." Mr. Nicholas: Look at the book again. Do you see the letter E against Henry Jones' name—Yes, I see the letter E. Will you take it from me that that means a sign by the police that the man is drunk?—Do you mean the words put in the margin ? The Stipendiary: Yes, opposite Henry Jones.—Yes. Mr. Nicholas Do you mean to say that the police having put down everything that took place, this man was not drunk or under the influence of drink ?—I say he was not drunk. Was he obviously drunk ?-No. The Stipendiary Was he visibly under the influence of drink ?—No, sir. Mr. Nicholas: Can you suggest why the police should draw attention to this man? -He was very drowsy. If he was not visibly drunk, why should the steward say in your presence, He is not so very drunk ?-I have no recollec- tion about that. Were you there?—Yes. Then why should the steward say, He is not so very drunk if he was perfectly sober? Have you ever seen Henry Jones drunk?—Never in my life. With regard to George Harris. Was there any observation made about him? —I didn't hear any. What did the police say about William Evans ?—Sergt. Thomas said, Powell, this man has had enough." What time did William Evans leave ?— About five minutes past eleven. Did you give him any message or did you say anything to him before he left? -No, sir; I did not. What do you generally speak to him- Welsh or English?—Welsh. Did you not tell William Evans in the Welsh language, in an undertone, Be careful as you are going out ?—I never spoke a, word to him. If Sergt. Richards says so, it is abso- lutely untrue?—Yes, it is absolutely un- true. What do you say about, John Glantawe Jones?—I cannot say anything about him. The police made no sort of complaint against him?—I haven't heard anything. What about David Griffiths, ?-Well, I thought l-saw the Sergeant write drunk Opposite his name. William John Ware-what do you say about him?—Perfectly sober, in my opinion. Was he frisky?-Yes. The Stipendiary Was he the lemon- ade man? (Laughter). Mr. Nicholas: Yes, your Worship. Questioned with regard to the affiliated members' book, witness said that this was in his possession for a considerable time on the night of the raid. Mr. Nicholas: Do you mean to suggest that the police who raided the Club would allow you to check this book at the time,? —I had it that night. Don't you think that it was their duty to get this book in the commencement ?— i How did they know that we were affiliated in the first place? Re-examined by Mr. Rees, witness per- sisted in his statement that all the affiliated members produced the three cards in a case, with the exception of one, who was minus Jus case but produced his cards separately. Joseph Davies, collier, b, jjunryn Street, Ferndale, said he acted as door- keeper and steward of the Club. He was Appointed to this position in March, 1906, having been a member of the Club since January, 1899. Witness said that he Went to the Club on the night of the raid at 4 o'clock in the afternoon. There were a number of affiliated members on the Club premises that night, but he could not say how many. Richard Owen was the ?^ly person who entered without having his cards enclosed in a case. When wit- ness told Owen he was not in the class without a- case, the latter replied that he Pad a large family and could not afford it. Witness said that Jones (the chair- man) had the affiliated members' book when the police passed him. He remained on the premises after the members had cleared out, and saw Sergt. Thomas checking the names of the affiliated mem- jtersi in a copybook. He heard Sergt. Richards say after having checked the cards and the affiliated members' book, Well, that's up-to-date, anyway." In reply to further questions, witness |aid he waited at the Club on Saturdays, Sundays and Mondays, and had never seen a man on the premises under the influence of drink. He had seen men being turned out of the Club because the steward thought they had had enough. The steward was a most careful man, and kept excellent order in the Club. He had Jiever seen a crowd waiting outside the Mub for admission; the greatest number he had seen was about four or five. Mr. Nicholas: When do you wait?—On Saturdays, Sundays and Mondays. Those are the three busiest days of the Week, I suppose,?-No,I can't sa,y, that. Do you wait on Tuesdays?—Sometimes. Is there any necessity for you to wait on Tuesdays?—I can't say. I am paid for it. I take it you would not wait unless you *re paid for it?—Oh! yes; any time I go to the band I wait. v You do that from charitable motives ?— *es, if I am asked to. Dot you do it from charitable motives or or the good of the Institute ?—For the good of the band. Can you tell me what connection the ??pplying of drink to men has to do with that^°°d e can't tell you You are bound to be there on Satur- ay> Sunday and Monday evenings. Can 7°u tell me the reason why your are bound be there on those three nights an'd xional f°r the other nights of the week ? "No. it not because of its being brisker on ese three nights ? say^e Stipendiary: Is it brisk?—I can't Mr. Nicholas: Is it a convenient place to twirl your fingers on Sundays ?-I never do that. What are you paid for this work?— £ 1 a month. What are your hours ?-From 6 to. 11 on Saturdays and Mondays, and four hours on Sundays. You are not paid by slooversr-No. Further cross-examined, witness averred that he had a distinct recollection of see- ing all the affiliated members with their three cards in case, with the exception of Richard Owen. He had seen no proces- sions leaving the Club on Sundays. The greatest number that would leave the Club would be about 23 in the mornings and 25 in the evenings. The Stipendiary: How many of the permanent staff are there on Sundays?— The steward, his wife and daughter. How many waiters do .you require to serve 40 people?-Well, one might manage it. Are you waiting on Sundays?—I serve and look at, the cards. But you are a waiter on Sundays?- When I feel myself inclined to do it. How many times has that occurred during the past twelve months ?-I only wait when I got time. Mr. Nicholas: Do you mean that your duties as doorkeeper looking after these J affiliated members' cards doesn't take your whole time,? Were you at the door on the 26th November?-Yes. Did you see a man by the name of John Williams come in ?-I can't say. It was your duty to see that he had his tnree cards?—Yes. Did you see his three cards ?-I can't swear to seeing the man. Had anyone else the right to admit him until he had passed you?—No. Do you know he was arrested that night r-I was told so. Was John Williams sober when he went in?—He would not be admitted if he wasn't. And do you know that he was arrested on his way from your Club and that he fell down in the street drunk, and when searched he had Blaenllechau Radical Club card and 4d. in his possession? Witness could not account for this. Evan Parry Thomas, accountant, Pontypridd, said he acted as auditor for the Ferndale Brass Band and Musical Institute, and also took stock at the Institute. The books were well-kept, and every penny spent could be traced. He had attended special and general meet- ings of the Club, and to him the general conduct of the men was everything that could be desired. Gwilym Thomas, Rhondda Road, Fern- dale, said he lived in the vicinity of the Club, and had never seen a crowd of people waiting at the doors for admission. He had neither seen people emerging from the Club under the influence of drink nor had he, seen members walking home arm- in-arm on Sundays. Elijah Nelmes, a prominent local Con- servative, said he was an honorary mem- ber of two clubs and an ordinary member of the Imperial Club, Ferndale. The Band Institute, as far as he knew, was well-conducted, and the management had done everything that human hands could do to carry on the Club in good faith." He had never seen any drunkenness on the premises, and in answer to the Stipen- diary witness said that if certain mem- bers were to be seen in a merry con- dition, it was probably that a pint or two had disturbed their sleeping memories" (laughter). Mr. Nicholas: You say tha.t you are an honorary member of two clubs and an ordinary member of the Imperial Club. Which is your first love? (Laughter).—I try to love them all (renewed laughter). William Fredk. Cuff, watchmaker, an- other member of the Club who was pre- sent on the night of the raid, also testified to the good conduct of the Club. He had been a member of many clubs throughout the country, and had never seen a more orderly club than the Band Institute. Drunkenness was not allowed, gambling was not permitted, and swearing was strictly prohibited. Witness, under cross-examination, said that he had not seen members leaving the Club arm-in-arm, but granting that, he could not see how it could be advanced as an argument that these people were drunk. He had done so himself many times, but, he was not under the influence of drink on those occasions. They did it out of friendship. The Stipendiary: Which do you think, Club or chapel, would be the best means of promoting friendship ?-I think it would be Club, because people are allowed to sit down there on Sundays and have a nice chat (laughter). In reply to Mr. Nicholas as to whether these clubs were not started with the object of evading the Licensing Act, as far as Sunday drinking was concerned, wit- ness said that they opened on the Sabbath because they did not wish to put the iron hand upon people in Wales more than they did in England." Mr. Nicholas: r hope your Worship will make a note of that. Mr. Nicholas: Is it not a fact that if you prohibited the sale of drink on Sun- days, your institution would soon go?— The committee would go first. Assuming the committee would go first, do you think your Club would still flourish?—No, I don't think it would flourish so well. The Stipendiary: Can you suggest any reason, except drink, why members frequent your Club on Sundays?—Well, there is a library there, and a nice, com- fortable place to sit down. What inducements are there? There are no games or band practices on Sun- day. I suppose your members like a place where they can meet and talk together? —That is so, your Worship. Samuel Radcliffe, bandmaster of the Ferndale Silver Band, stated that five band practices were held every week at the Club. In reply to the Stipendiary, witness said that after the practices he sometimes took something to drink. The Stipendiary: To whet your whistle ? —Yes, sir. I take two Scotches (loud laughter). Further evidence was given by Henry Jones, who declared that when the police came into the Institute on the night of the raid, he got so excited that he could give no account of himself. William Evans (Curwen) said that he, had no drink on Raid Saturday before he went to the Club that evening. This witness got so agitated that he failed to remember anything that had transpired. George Harris, insurance superinten- dent, Tylorstown, said that on the night of the raid he had had only one glass of beer. When Sergt. Richards asked for his address, he handed his card to him. Sergt. Richards asked him if that waa his address, and witness replied that he thought it was; whereupon Sergt. Rich- ards got ratty, and witness told him to keep his hair on. The nine affiliated members who ten- dered evidence for the defence were Arthur Rowlands, collier, Ferndale; Chas. Peever, 25, Blaenllechau Road; Thomas Thomas, William Chas. Yoyle, 31, Union Street; Joseph Yoyle, William Harris, David Evans, Richard Owen, and George Ashford. Richard Owen, of whom it was stated that he was the only man who failed to produce his three cards in a case, said that he could not afford a case, as he had a large family. The Stipendiary: How did you get the cards?—Well, I had ltd. in my pocket, so I bought three cards (laughter). The Stipendiary: You didn't get a reduction in taking a quantity then P (Laughter).—No, sir. Mr. Rees, in addressing the Bench for the defence, said that he and his friend Mr. Nicholas had first of all to thank his Worship for the patience which he had shown in the hearing of the case. There might be different opinions with regard to the good or evil of clubs. There were good clubs and bad clubs, and he desired his Worship. to analyse the evidence adduced and discriminate between the good club and the bad. Another obser- vation was this: If his Worship did away with this club, he would destroy a musical combination which was known all over tue country. To find a substantial reason for the existence of the club from its inception would be to deal with its, objects. The club was originally started on teetotal principles, but at the end of six) months they found themselves with a debit of R40, which they had to get by some means or other. It was perfectly clear to any- one who had anything to do with clubs that this club could not be carried for- ward on the same, lines as it had been carried forward in the past, and it was then and then only that the members of the club put their heads together and decided to get a better place and also to get some means whereby some income would be obtained to carry, on the objects of the band. It might have been inferred from some of the minutes that the sale of drink was the sole object of the Insti- tute, but his Worship had to remember that the people, who framed these minutes were not lawyers, and would not dis- criminate between words and words; and if they referred to the sale of drink, it was only as a means to gain an object. jL iie sale of drink was the immediate object by which the ultimate object could be attained. The object of the club was to provide a musical institute for the use of members, where band practices, &c.; could be held. That the sale of drink was contemplated was perfectly clear from the bye-laws which had been put in as evidence. If the sale of drink made a club less bona fide than it was before, he did not think that any club in the country would stand the test. The objects of the club were carried out in their entirety, inasmuch as every penny derived from the sale of drink were devoted to those objects, and not one single penny-piece had gone to any other objects except those mentioned. He asked what evidence was there that any money had been illegally spent out of the funds of the club. It was true that Mr. Nicholas had been able to put his finger on one item-the outing in 1900-but the committee immediately dropped it. Could it now be said that it was not carried on in good faith because in 1903 the members had been given a treat out of the club funds? To hold the club guilty in 1907 for a breach cited in 1903 was monstrous, and he did not think that his Worship would entertain it for a moment. The Stipendiary How would it be, sup- posing the other objects of the club were legitimate, one of the objects to evade the Sunday Closing Act? Mr. Rees: I should say in a moment that if a club had, in addition to its other objects, the evading of the Sunday Closing Act, that club was not carried on in good faith as a club. The objects of this club are as clear as anything expressed in the evidence. To my mind, there, has not been a single bit of evidence to prove that this club was started to evade the Sunday Closing Act. Dealing with the number of waiters engaged on Sundays, Mr. Rees pleaded that one reason for this was that the club only being open a limited number of hours, it was essential that a larger num- ber should be engaged, as the trade was confined to those few nours, whereas on week-days the trade was distributed over the whole day. Another reason was that no persons being allowed to remain in the bar, the members had to go to a back room to get their drink, the task of wait- ing was greater, whilst if the members were allowed to remain in the bar one attendant could cope with the work. I cannot conceive, that your Worship will believe that a number of men would come here and deliberately commit a perjury. The Stipendiary: That is the charge laid against the other' side. Mr. Rees It is not a, charge at all. One man says a story and the other says a different story. The only, way he can explain it is that that man has said an untruth. It is very difficult for your Worship, my friend and myself to give some kind of explanation of the extras- ordinary evidence,- whereas I can quite conceive that Powell, forced as he was in the witness-box to give some explanation, the only way he, had to get out of it was to say that the police had committed per- jury. I suggest to your Worship that he has come here and given you in the wit- ness-box his evidence in a, most straight- forward manner. Dealing with the charge; of drunkenness, Mr. Rees declared that out of a member- ship of 500 only 11 people had been seen coming out of the club more or less in a state of intoxication was in itself suffi- cient to refute the charge of frequent drunkenness. Mr. Rees then went on to deal: with the evidence in detail, and laid great stress on the evidence of Dr. Parry in regard to the condition of the man Curwen. With regard to Sunday drunkenness, the police made no point of this, and although they had watched this club for some months the sum-total of their captures was two persons. Dealing with the question of affiliated members' cards, Mr. Rees said that his Worship would have to decide whether three constables or fourteen civilians, against whom nothing had been said, had spoken the truth. The evidence of the numerous witnesses for the defence had the fullest corroboration, and he con- tended that the weight of evidence was

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absolutely on the side of the club. He asked his Worship to say that the Insti- tute had completely answered the charges brought against it, and that the police had made a mistake in saying that only one member had produced his three cards. He asked his Worship to give the same consideration to the evidence of these men as he would give to the evidence of the police, and that the same test should be applied to both, and he was confident that the Band Institute would come out of the ordeal with their good name vindicated. Mr. Nicholas addressed the Bench on a point of law, and pointed out the dis- crepancies in the case for the defence. The Stipendiary, in summing up, said that the case had occupied a considerable time. It was right to point out that the decision he arrived at was his own, as some of his colleagues on the Bench had not heard the whole case. The two grounds upon which the case stood were t^at it had not been conducted in good faith and that frequent drunkenness was permitted on the premises. The club was started eight years ago, and its objects ostensibly were to provide a place where band practices, competitions, concerts, eisteddfodau, &c., would be held. These objects were perfectly praiseworthy and legitimate, but upon their original object had been grafted the sole of drink, which was not a legitimate object, and in coming to a decision he had to ask himself the question whether the members resorted to the club for the purposes of drink or for band practices, &c., and he was bound to say that they frequented the club for the purposes of drink. Band practices were not held on Sunday, and the only object which they had in view in going there was to obtain intoxicants, which estab- lished in his mind that the club was not carried on for the objects upon which it ostensibly started. Then when he came to the second ground, he had to face a very difficult situation, and he would say that, as far as the evidence of the defence went, there were elements in it which did not impress him as being very reliable. As regards the allegations made against the police, it involved a most serious state of things. He, therefore, came to the con- clusion that, although perfectly legitimate in its original objects, it had not been carried on as a bona fide club. The order of the Court was, therefore, that it should be suspended for twelve months, the defence to pay the whole expenses of the case. Mr. Rees applied for a stay of judg- ment, so that appeal might be made. Judgment was, therefore, suspended for a, week. Mr. Nicholas was allowed 25 guineas for t. five days' hearing.