The Portway Tavern 1889 -– Concealment of Wort – a Midnight Brew – Heavy Penalty
I came across this story while I was researching material on the Portway Tavern but am posting it separately as it is fairly detailed and lengthy. There will be a more general post on the Portway Tavern soon.
In 1889, James Adshead Levett Jnr and another man Joseph Pensotti of Cross Guns Street, Kate’s Hill faced a more serious charge of concealment of Wort.
A quick diversion – An Italian in Dudley?
The name Pensotti sent me off down a rabbit hole because I wondered how he came to be charged with this offence and whether he was Italian. Mr Pensotti was not a Rowley man, in the 1891 Census he was listed at the Cross Guns Street address in Kates Hill but listed as a Post messenger. That was his occupation in a couple of earlier censuses too which showed that he had been born in Dudley but in 1851 he was a publican in Dudley and prior to that I found an entry for him in a trade directory when he was listed in Dudley as a “Barometer, Thermometer etc Manufacturer”, along with three other men, all of whom had Italian names – Charles Cassera, Carlo Cetti, Andrew Comoli and Joseph Pensotti!
Intriguing. I wondered whether the ‘etc ‘ they were making included hydrometers which are using for checking the alcohol content of liquids? (almost certainly yes, is the answer!) Every brewery would be required to have these, I would have thought, as part of their tools of the trade. Perhaps his specialist knowledge led to him being involved in the brewing trade with James Levett.
A little more research informed me that many makers of barometers in this period had originated in Italy and moved to London initially and gradually spread around the country, and it seems likely that these men were all of Italian descent although they may well have been born here. Another little glimpse of unexpected things in the Black Country! There is a most interesting website about Italian makers of fine instruments, many from the Como area of Italy[i]. Since the decorative cases for the barometers would have been made of wood, it is interesting to reflect that the fine woodworking skills required for this would not have been so very different from those famous Italian makers of violins, Stradivarius, Guarneri and Amato who were also from Northern Italy within a few miles of Milan. The barometer pictured here was not made locally and is a Torricelli barometer from the mid-1800s but illustrative of the sorts of instruments made by Italian craftsmen.

Torricelli barometer, copyright unknown but will be acknowledged on further information being provided.
It turned out from evidence given at the trial that Mr Pensotti took no active part in the business and both men were executors of the late James Adshead Levett. Who had died in 1878, more than ten years earlier! Evidence was given that the entry in the book was made jointly which was why they were both prosecuted. Quite why this was still happening so long after James’s death is another mystery but I will investigate further.
Back to the Wort
What is Wort, I hear you ask? Well, I had to look it up too. Wort is basically a liquid made from grain intended to be turned into beer by yeast. Mostly water—about 80% to 90% for most types of beer—wort is mixed with extracts from the grain. This is what goes into the brewer’s mash tun, which is a large vessel where the brewer combines barley or other grains with hot water, initiating the process called mashing. Mashing is like a hot bath for crushed malted grains (usually barley). Immersing the barley in hot water releases enzymes that break apart the barley’s starches into simple sugars. This sugary substance is the unfermented wort.
The charge against Levett and Pensotti was that “they, being brewers, did, on the 31st March, use certain malt, to wit, 8 bushels, the brewing of beer, without making or having made an entry in the book duly delivered to and kept by them, as such brewers for such purpose, as by the statute in that case made and provided, as was required to be made. “ They were also charged with concealing six gallons of wort, on the 1st May, so as to prevent certain officers of the Inland Revenue from taking an account of the said worts.
Tax evasion is nothing new, it appears. But I had not previously realised how strictly the brewing business was regulated by the authorities. But it appears that every single brewing had to be accounted for and recorded in this book.
The defendants pleaded guilty to the second charge which was therefore not gone into entirely, the reporter notes, although there was the information given below.
The entry for the two men in what was presumably the start of the brewing book, the court was told, stated that they intended to carry on the business of brewers for sale and which rooms within the premises were marked on a plan as those in which the brewing would be carried on. Other parts of the premises were not so marked but when an Officer (it is not clear whether this was a police officer or an excise officer) visited the premises on 1st May he found ‘practically six gallons of wort’ in the fowl house, which was not part of the approved area. Two brewings had apparently taken place during that day, one in the morning and one was in the course of being collected. These worts ‘for no apparent reason’ were in the fowl house and was not brought to charge with the other wort. When spoken to about it, Levett had said that the wort was part of the first wort and had been put there to cool. The officers thought this was a very funny place to put it! The officers alleged that while they were making their survey, a son of Levett’s was heard to remark “they had got it now”, though they did not at the time understand what this referred to.
As for the other charge relating to malt concealment, it seems that brewers should make an entry in the brewing book twenty four hours before it was to be used. There was such an entry on the 29th March, which made the officer think that there would be two brewings on the first April.
The Witnesses for the Prosecution
The Policeman’s Story
Police Constable Himan gave evidence that he knew both of the defendants, as James Levett ‘carried on the business of the public’ which was part of his division. He remembered something in connection with the 30th March. He went to the defendant’s house that night from something he had heard about 12.15. He waited a few minutes outside the doors and at length saw them open. There were lights and lots of steam especially from the direction of the Brewhouse. Noticing the lights, he thought there was a police offence being committed. He therefore kept quiet and watched, and ultimately saw the defendant Levett come to the doors and look down the road, and afterwards heard him remark “It’s all right, Will,now.” Then his son William came and shut the doors. After that they appeared to be busy in the Brewhouse.
There being a space between the gates when shut the officer inserted a stick and lifted the bar which was placed across inside, and went into the Yard. He there saw the defendant Levett, standing by the door of the Brewhouse. He commented to Levett that he seemed busy and Levett responded that “We’re only brewing”. The Brewhouse door was open and he could see inside. He saw the son William and Levett’s brother Richard standing by the mash tub. One was emptying malt into it and he believed Richard was pouring in the malt while William was stirring it. He could see the steam rising from the tub. He told the court there was no doubt in his mind as to what they were doing, they were mashing malt up, he felt confident.
He noted that there were two females in the house at the time. He had first observed the brewing at about a quarter past twelve and from the time he first observed it to the time he went into the Brewhouse would be about twenty-five minutes. He was on the premises about twenty minutes to one. He saw Mr Levett, his son and his brother but did not see Mr Pensotti there and had never seen him in the house. He also noted that he had frequently seen lights and signs of persons being busy on Saturday nights but since this night he had not.
The Excise Man
The Excise Officer was John Stanislaus O’Dea, a good Black Country name if ever there was one! In fact I understand that it was common practice in those times for Excise Men to be drawn from outside the area so that they had no personal loyalties to distract them from their duties.
Mr O’Dea told the court that the defendant’s house was in his division. He delivered the Brewing Book and had surveyed the premises and made entries in the book. There was an entry in the book on the 30th March to brew on the 1st April. He visited the premises on the Monday and took the produce of the morning’s brewing. His survey book showed the temperature as regular. He was on the premises at nine o’clock in the evening and the brewing was then in operation and the produce of that brewing was collected next morning.
On being cross-examined, he had said that he personally knew nothing about the alleged brewing on the Saturday night or Sunday morning. The first intimation he had from the policeman was on about the 15th April. He was asked whether he had sought out the policeman or whether the policeman had sought him out, to which he replied that he had met the policeman on the road and he had mentioned it to him. When he had gone to the premises, on the Monday evening, he found the produce was all regular and also the brewing which had taken place in the morning.
He had had considerable experience as an officer, and it would all depend on the circumstances as to the time it would take to remove the traces of brewing. They brewed nine bushels of malt which should produce 162 gallons of beer. There were worts in the vessels, the results of the brew, at one o’clock. The defendants had about eight barrels but he could not tell how many barrels were used for ale. Wort could be fermented at the temperature of the atmosphere. The fowl house was about 9ft by 6ft. On the Monday he went into the cellar; no barrels were gone. There were plenty of barrels in the yard of the defendants had chosen to use them.
The prosecution then asked further questions and he said that the brewing premises were close to the house and that Levett’s brother and mother lived near.
The evidence for the defence
The Levetts had a solicitor to defend them, a wise decision, I think. As lawyers in our courts do now, his first argument was that his clients had voluntarily pleaded guilty to the first charge of concealing the worts although he suggested that technically the question would have been raised as to whether it was or was not a concealment which had taken place, but over and above what the vessels would contain were these six gallons of worts which were put into the casks. Seeing the officer come onto the premises, the brewer, instead of letting them remain, foolishly, and, so far as the prosecution held, criminally, took the vessels into the fowl house. That was more a technical offence than a wilful intention to defraud the authorities of their proper due. No one could see why they wanted to conceal the worts as the duty on them only amounted to something like 1 shilling and 3 pence, knowing they were liable to such a heavy penalty.
The real point at issue with the other charge, however, was that it was alleged that on Saturday night or Sunday morning his clients used eight bushels of malt wort without entering it in the book. It was established beyond doubt that it was entered in the book that a brewing was to take place and that fact was in favour of the defendant. What became, he asked, of the 160 gallons which the prosecution alleged the defendants had brewed?
It would have been better if there had been any evidence to corroborate the police officer, because the witnesses for the defence would swear that the officer was never on the premises; his client was entitled to the benefit of any doubt about this. His client had pleaded guilty to one charge and could have pleaded guilty to the second charge but disputed this.
As regarded Mr Pensotti, he had nothing whatsoever to do with the business and was not liable for the first offence even if the prosecution held he was liable in the second. The prosecuting lawyer did not agree and said that Mr Pensotti had become liable by signing the entry.
The Witnesses for the Defence:
Richard Levett, the first witness, said that he was brewer for his brother. (Richard Levett was recorded in all other records I have seen as a Boot and Shoe maker, living in Perry’s Lake but this is another instance of people having more than one job and it may well have been that his brother did not pay him for this or perhaps in kind or he did this as a family habit or in lieu of rent.) He stated that he remembered the 30th March, the Sunday and the following Monday. He brewed on the Monday at one o’clock. He was on his brother’s premises on Saturday but went home about seven, and returned again at seven on Sunday morning. He did not see Police Constable Himan. He had brewed for his brother for twelve months and had never brewed for his brother on a Saturday night. He usually brewed on a Monday morning and it took him seventeen hours to get through the brewing. He lived next door to the public house and his mother lived next door but one. The prosecuting counsel commented that they were all relatives in that little corner with which he agreed.
He then referred to a date in May when the supervisor was about when he had begun to brew about one o’clock. They bought their malt ground. It took him six or seven hours sometimes to get up steam. He did not remember anything about putting wort down the pigstye(sic). His brother usually carried the malt down. It was then shot into the mash tub and was stirred up with the mash rule. The police had never come into the Brewhouse and spoken to him when he was brewing.
He could remember that he had never brewed upon a Saturday night or early on a Sunday morning, he had never seen a policeman at the Brewhouse door on a Saturday, Sunday or Monday night.
The magistrates wanted to know more about how the wort had got into the fowlhouse, the subject of the first charge. He put the wort into the fowl house. He told Mr Davies (the supervisor) that he put it there. He put it into cans. He could work well up to the standard, that was to say he could get more out of the malt than was generally supposed to be by the law. He was told by his brother to put the cans in the fowl house to cool. (This evidence does appear to be somewhat less than consistent!)
William Levett, the next witness, was the son of the defendant and he also denied that brewing was carried on on the 30th March on his father’s premises. They brewed the following Monday and he helped. He said that Constable Himan did not come into the Brewhouse and see them brewing, as they never brewed late on Saturday night or early on Sunday morning. On being cross-examined he stated that Himan had never been on the premises when they were brewing. His father had never said anything to him about the policeman being there. He did not know the cans were in the fowl house. He had no reason to say, when the officers were inspecting the premises that “It’s only the fowl house.” He did not exclaim “By —, he’s seen it now!”
Eve Taylor, charwoman, said she was cleaning the defendant’s house on Saturday night, the 30th March and was there till two o’clock. She had never seen any brewing there on Saturday night or Sunday morning. Cross-examined, she said that she was no relation to the Levett family. She had hot water to clean with and the small boiler was used to heat the water. She remembered the night because Mrs. Perry’s child had a fit. Mr Levett, his son and daughter were all the persons on the premises at twelve o’clock. She did not see Richard Levett there after she went at ten.
Sarah Perry, daughter of defendant Levett, said that she was at her father’s house till eleven, and there were no preparations for brewing. She did not see her uncle Richard there after seven.
Nellie Levett, another daughter, said Constable Himan did not come to the house at all on the 30th March.
The Verdict
The Magistrates then retired briefly to consider their decision. After only a few minutes they returned and Mr Bassano said that they had decided to fine Mr Levett on the first charge of brewing £40 and costs; in the second case of concealing wort he would be fined £5 and costs.
As to Mr Pensotti, they felt that they ought to make him feel he had some responsibility and fined him £5 and costs in respect of the charge of concealing wort.
The total amount of fines and costs was £56 1s 6d.
What a long and convoluted tale!
The Levetts obviously closed ranks in their evidence but it does seem odd to me to have a charwoman cleaning at two o’clock in the morning! A tidy up and clean around would surely not take several hours, especially when it was dark and lighting was probably quite poor.
I do not doubt that it would have been possible for some barrels of beer to have been spirited away to other houses before the Monday if an illicit brewing had taken place. I wasn’t at all clear either whether these offences all happened on the same night or whether there was one policeman or more. Why was the policeman on patrol at that time of night in this sleepy hamlet (unless it was to look for after hours drinking in the pubs and beerhouses, which may well have happened on a fairly regular basis!)? With dark streets and cold nights, it’s hard to imagine that there would have been much else happening in Perry’s Lake on a cold March night to require a regular police presence and I would have thought that he would have been quite conspicuous in his uniform, loitering in Perry’s Lake late at night. One can’t help feeling that Mr Levett and his establishment , for whatever reason, were being kept an eye on by the authorities!

A typical policeman’s uniform in about 1880 – copyright unknown.
There was also no reference in the evidence described to any smell of brewing – and yet the smell is quite distinctive – I can remember when I worked in Smethwick for a couple of years and travelled there past the brewery in Cape Hill, the smell when they were brewing was very strong, it must have been apparent to anyone nearby that brewing was taking place, late at night on a Saturday – perhaps local people knew and just kept their mouths shut! Or perhaps there was no brewing, as the Levetts claimed. I am surprised that the police constable did not mention this smell when he was saying that he was sure they were brewing.
Who do you believe? What would your verdict have been? I would be interested to hear your views!
[i] This is the site about Italian craftsmen in the UK. http://italophiles.com/london_italians2.htm
























