John Pascoe Sims

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John Pascoe Sims was a publican in Ballarat, <1868>.

Contents

History

In November 1866, Sims took over the license of the old Eastern Hotel in Main Road[1], and to renamed as the Eagle Hotel.[2]

Notice of Application for a Publican's License. To the Bench of Magistrates at Ballarat East. I, JOHN PASCOE SIMS, now residing at Main street, in the town of Ballarat East, do hereby give notice that it is my intention to apply to the Justices sitting at the Court of Petty Sessions, to be holden at Ballarat East on the second day of November, 1866, for a certificate authorising the issue of a Publican's License for a house situated at Main road, Ballarat East, formerly known as the Eastern Hotel, containing two sitting-rooms and two bedrooms, exclusive of those required for the family; at present rented and occupied by me, and not now licensed. The eighteenth day of October, A.D. 1866. Signature of applicant. JOHN PASCOE SIMS. GEO. WM. FRED. PATTERSON, C.P.S. Court House, Ballarat East.[3]

Sims was had been declared insolvent in the Geelong Insolvency Court, and in December 1868 his solicitors notified the the court that he was going to ask for the insolvency to be discharged:

In the Estate of JOHN PASCOE SIMS, of Ballarat, in the Colony of Victoria, late Publican, an Insolvent Debtor. NOTICE is hereby given, That it is the intention of JOHN PASCOE SIMS, the above named insolvent, on Wednesday, the third day of February next, to apply to His Honor the Commissioner of Insolvent Estates for the Geelong Circuit District, that a certificate of discharge may be granted to him, the said JOHN PASCOE SIMS, pursuant to the statute in that case made and provided. Dated this 16th day of December, 1868 RANDALL, MITCHELL, and DOWARD, Ballarat, Solicitors for the said John Pascoe Sims.[4]

Sims told the court that the hotel was actually owned by his twelve-year-old son:

Re John Pascoe Sims, of Ballarat—The insolvent, who had been a publican, keeping the Eagle Hotel, Main Road, Ballarat, was examined by Mr. Harwood for the official assignee, relative to the hotel which he said belonged to his son, a lad twelve years of age, and was purchased for him by his grandfather and his uncle. It was bought in the lad's name. Insolvent let the house to a man named O'Connor on behalf of the lad. The Bench would not transfer the license to O'Connor. Witness expected to get L25 from O'Connor for the license. Did not put that down in his schedule as an asset, as he did not understand it. It was the fault of his solicitor. Had not received any money from O'Connor for the license since the insolvency. The receipt produced for L5 received on 1st March was signed by insolvent. He would not swear that he did not get the L5. Did not give the L5 to the Official Assignee. In answer to Mr Higgins, the insolvent said that he was willing to pay the L5 to the Official Assignee. The certificate was then granted, subject to the L5 being paid.[5]

In January 1875, Sims was assaulted by John Leehy:

COWARDLY ASSAULT. - John Leehy was charged with disobeying a summons for assaulting John Pascoe Sims in the Main road on the 30th ultimo. The evidence of the prosecutor was that Leahy came to his premises and wanted to fight him. Witness would not fight, and the accused then made a jump and kicked complainant in the groin. The defence made by the accused was that he was drunk at the time, but the bench did hot think this mitigated the cowardly deed, and he was fined £5 and 10s costs; or two months imprisonment in default.[6]

In September 1875, Sims wrote a letter to the Courier, explaining his side of a recent court appearance:

AS EXPLANATION. TO THE EDITOR OF THE COURIER SIR,— I was summoned to appear on the 12th inst at the Town Police Court, and answer the charge of "being the occupier of a house frequented by persons having no lawful risible means of support." At the hearing of the case, Senior-constable Irwin swore that I was playing at five minutes past twelve on the Sunday morning, and that I looked at my watch to see the time. Both these assertions were, to say the least gratuitous, as I have documentary evidence to prove that I have not had a watch in my possession for the last four months; and I brought witnesses to prove that I was professionally engaged on that occasion to play from eight o'clock until half-past eleven, and that, at the latter hour, punctually, I ceased playing and left the hall. About twelve o'clock I was told that the occupier of the saloon was still playing, and I went in and found the police there. I asked the occupier whether he knew it was twelve o'clock, and be said he did not think it was so late. I asked a constable whether it was not twelve o'clock, and he said it was five minutes past A summon was issued against me, and, after an adjournment, the case was withdrawn. This is a plain and truthful statement of an affair of which I should have taken no notice had I not found that the published reports were likely to be prejudicial to my professional business. What I would ask your permission to state is;— 1. That I was not either the owner or the occupier of the saloon. 2. That I was not playing, nor present there, on the Sunday morning named, except in company of the police. And 3. That my only connection with the occupiers of the room was that I let to them on hire some musical instruments, and occasionally (as on that evening) accepted a professional engagement from them.-— Yours respectfully, JJOHN PASCOE SIMS, musician. Wills street, 31st August.[7]

Legacy

See also

Notes


References

  1. 1866 'POLICE.', The Ballarat Star (Vic. : 1865 - 1924), 6 November, p. 4. , viewed 26 Sep 2016, http://nla.gov.au/nla.news-article112859196
  2. 1869 'GEELONG INSOLVENT COURT.', The Ballarat Star (Vic. : 1865 - 1924), 4 February, p. 3. , viewed 26 Sep 2016, http://nla.gov.au/nla.news-article112883069
  3. 1866 'Advertising', The Ballarat Star (Vic. : 1865 - 1924), 20 October, p. 3. , viewed 26 Sep 2016, http://nla.gov.au/nla.news-article112858829
  4. 1868 'Advertising.', The Ballarat Star (Vic. : 1865 - 1870; 1914 - 1918), 17 December, p. 3, viewed 28 October, 2014, http://nla.gov.au/nla.news-article112881942
  5. 1869 'GEELONG INSOLVENT COURT.', Geelong Advertiser (Vic. : 1859 - 1926), 4 February, p. 3. , viewed 26 Sep 2016, http://nla.gov.au/nla.news-article150644146
  6. 1875 'TOWN POLICE COURT.', The Ballarat Courier (Vic. : 1869 - 1878; 1914 - 1918), 9 February, p. 4. , viewed 26 Sep 2016, http://nla.gov.au/nla.news-article191561174
  7. 1875 'AS EXPLANATION.', The Ballarat Courier (Vic. : 1869 - 1878; 1914 - 1918), 2 September, p. 4. , viewed 26 Sep 2016, http://nla.gov.au/nla.news-article207640387


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