Gregory v Tavernor
| Jurisdiction | England & Wales |
| Judgment Date | 06 December 1833 |
| Date | 06 December 1833 |
| Court | High Court |
English Reports Citation: 172 E.R. 1241
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
S C 2 Nev & M. M. C 175
Before Mr. Baron Gurney (who sat for the Lord Chief Baron). Dec. 6th, 1833. gregory v. tavernor. (If a room be continually used for the purpose of music and dancing, it will be for the jury to say whether it is not kept for those purposes , and a room kept for drinking, music, and dancing, is within the stat 25 Geo II. c 36 If a witness refresh his memory from entries in a book, the opposite counsel may cross-examine (a) See the case of Thompson v. Motely, ante, vol. v. p. 301. BURGESS V. CUTTILL 8 CAR. & P. 281 on those entries, without making them his evidence, and the ]ury may see the entries if they wish to do so ; but if the opposite counsel cross-examine as to othet entries in the same book, he makes them his evidence ) [S C 2 Nev & M. M C 175 ] Debt upon the stat. 25 Geo. II c. 36, for keeping an unlicensed room for music and dancing. It appeared that the defendant kept a public-house in Gravel Lane, called The King WiHiani the Fourth, and [281] that there was a room m it from forty to fifty feet long, with a bar at one end, at which beer and spirits were served, and boxes at each side of the room ; and that in the space between the boxes, on eleven difterent nights on which one of the witnesses was at the house, as many as fifty persons were dancing, while two persons played on violins, and a third on a bass, the musicians being seated on elevated seats. One at the witnesses for the plaintiff referred to a book to refrehh his memory as to the times at which he had been at the defendant's house, and as to what had occurred there. Bompas, Serjt., cross-examined on these entries. Gurney, B -Perhaps the best way would be to have the memorandum read Follett, for the plaintiff.-If it is read, it must be read as the defendant's evidence Gurney, B.-The memorandum itself is not evidence ; and particular entries only are used by the witness to refresh his memory The defendant's counsel may cross-examine on those...
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