The Express.
London, England, 1855-03-12 00:00:00

THE EXCISE AND THE MALT TRADE.

HZILITORD. MA3CH 10.
At the sitting of the bench of magistrates at the
Town Hall, to-day, before T. Mills, Esq., chairman, and •
full bench, some proceedings inetitated by the Bard of
Beebe against several of the principal maltaten at Ware,
were disposed of, which have created a great deal of interest
among the persons connected with that branch of trade
throughout the country.
The first case gone into wee en information against
Mears. Cheek, extensive sultans of Ware, which charged
them with having unlawfully and Improperly compressed,
what is technically termed • couch of malt, whereby they
had Moaned penalties to the amount of 2001.
Mr. Welsby, instructed by Mr. Time, the solicitor to the
Board of Excise, appeared for the crown; Mr. Edwin
James, Q C., who wu specially retained, Mr. Hawkins, end
Mr. Glyn attended on behalf of the defendants.
The ease on the part of the crown was, that the malt
while la the course of preparation upon the defendants' pre-
talus on the 31st of January, had been improperly com-
pressed, so as to make it appear that the couch contained a
less quantity than the actual amount liable to duty, and in
order to show this fast, evidence was given that on the day
named, in consequence of a suspicion entertained by the
officers that the malt had been compressed—they gassed it
in the first instance, sad then directed that the whole should
be thrown out sad replied in the mush under their super-
intendence, and upon imaging it a sound time, there was
found to be as excess of one bushel sad three quarters in
quantity. cess This small ex, it appeared, arose In a quantity
of nearly four hundred bushels, and wee admitted that
the mode in which the Excise authorities insisted upon
having the ouch re-filled was by placinthe malt in small
heaps, and allowing it to fall Mee, bulk by its own weight.
Several excise officers were called as witnesses to prove these
facts, and they stated that It was the custom to fill the
couch in the manner stated, and it was contended that this
course of proceeding was not calculated unfairly to increase
the balk of the malt.
' Mr. James, in his address to the bench for tke defendants,
observed upon the great importance of the proceedings to all
persons connected with the trade in malt. He said that his
clients had carried on a most extensive and respectable
business at Ware for • /rut many years, and they had not
the least intention or desire to defraud the revenue in any
way. The malt had been thrown fairly into the couch from the
cistern is which it bad been steeped, and it was only owing
to the extraordinary mode that had been adopted by the
Excise in placing the malt in small heaps instead of throw-
ing it into the couch in the ordinary manner, that caused the
small excess of one bushel and three-quarters in a quantity
of 400 bushels. The whole amount of dut , however, that
would have bees payable upon this quantity would
only have been 4s. 2d., and he said it was not likely that per-
sons filling the position of hie clients would have lent them-
, selves to any transaction of an illegal character for such a
trumpery amount.
A great many witnesses connected with the malting trade
from all parts of the country were summoned on behalf of
the defendants, and they proved that it wu the custom of
the trade to throw the malt into the couch fairly: from the
cistern, without placing it in heaps, and it wee also stated
that a very slight difference in the gauge over so largo a
notice would have accounted for the trifling difference In
quantity of a bushel and three-quarters.
Vte magistrates, at the (*scission of the an, retired to
tearom to delibvate, and after being abated ablest these
sof an hour they returned, and (Midtown thrtheed
&o dimwits of the bees* whisk cos to Ifikedll4l that they
„Down& 4b• cube eMLssIN had SINMEIMI Slather*
had been set isfriegetheat of the kw, end they were bound
to Indict the penalties 0111101. The magistrate, at the eine
time ozormsei es °piston that the sutlers of the crews
would do well in reessirieed a mitigation of the palmitin,
as they were eleth.'l7 ^drtahet although the Mist
moo onto. kir boo! Mel there bad been no In.
tesden to Mena fie
Kr, Iwo pew nott* di feel against the &Bakke of
• '
the beneb.
There were some other I.lltiens of a dialler kind to
be disposed of, but it was nth that Noy should stead
over le abide the emit of the