The Express.
London, England, 1848-02-28 00:00:00

MILITARY.

FORTS7.IOUTII, Fen. 27.—The Java, with 76th regiment
on hoed. 'CR ann. Ibnand at Hpi,nearl. The ineaak, are !rotten
oat in this alaip.—Some very diaram'al eceittets have taken :Wee at
‘o-port Oa Morn thl bM and the 119th regiments.—lt fa in cns-
trinplation to remove one of the regiments from the town.

taw Enittlffitna.
COURT OF QUEEN'S BENCH.
xs PZlCl4—Benre Lard Denman and a Special Jury.
TEN QUERN V. GOOCH AND COCPINC—INDICTHENT
,01 CONSPIILACT TO DEFRAUD TON CC4703114.—Mr. Wat-
son, Q.C., Mr. Clarkson, Mr. Batlkin, and Mr. Lewes repre-
sented the crows ; Mr. Serj rant Taltourd aid Mr. Icaung
were counsel for the defendant Gooch (the defendants having
pleaded separately), and Mr. Serjeaht `thee, with whom was
Mr. Jones, appeared for Cousins. This was an indictment
which charged the defendanu., who were very eatral.:ve wool
warehousemen in the City, with I • • - " -
crown of certain duties. There
dictmcnt which charged the delent
t.in consignees of wool, by hat
doable the amount of duty which ,
the customs as their warehousemen.
defendsata pleaded " not guilty."
Mr. Watson stated the case I'
will be better understood by the e
detail. It may, however, be proper
course of his opening address .*
plained that the reason why t
against the defendants by means
the frauds which they had
in the year IS .14, and ended in lq
statute of Einitstions prevented ti
any penalties, which in this case
hag a minim otaling. Then '

h conspir.ng to defraud the
were also counts in the in-
endants with defrauding ter-
racing obtainvl I
eh they bad ■ .talrir
men. To ispiat VI
• ~os
to the j s ~,
~sc 1;;,1
@ evidence, 1. • ..1
°per to o' 2.,,L, Y.,: ' ' f 1.-1
a the Ica F.". ! 40,4 sal
the cr.ss• - A , ~ .
... - -
sof an in. , V- Cl4l
id C•A@Unt •I ti.,...7,....,..."'; • ' cr,
1911, and .e - 7 V - 16,
the er )ss it . 711 W 14:
se wou.d ha, . - •
had been 19 frauue practised

on the revenue; and the first they would have to inquire
into would be the case of the ship Rambler, which in 1841
brought over from Odeon 328 balm of flue wool consigned to
the firm of Messrs. Brookes, and warehoused by the defen-
dants. Upon that consignment the defendants had made
the sum of 2261. over and above that which they were fairly
entitled to. by paying the Customs a halfpenny per lb. duty
(which was the duty upon coarse wool under Is. per lb.
value), and representing to Messrs. Brookes that they had
paid a penny per lb., charging them accordingly. They
would hear from a witness of the name of Priest the manner
in which this and other frauds had been effected. The follow-
ing witnesses were then called on behalf of the prosecution :
Edward Couchsr, examined by Mr. Clarkson : I have been
many years a landing wait r and searcher at the Custom-
house an London. Upon the arrival of a cargo of wool, it is
the duty of the master of the vessel to make a report of the
marks and number of the goods to the Custom-house. The
owner of the goods then elects either to pay the duty at since
or to warehouse them; if the latter, he has a warehousing
entry given bins. The defendant have warehouses at Steel-
yard, Thames-street, and one at Leadenbalestreet If goods
came by the ship Rambler, and if they were to be wore-
housed, the defendants would have a warehousing entry.
(The witneu here read the warehousing entry, and &waren('
the different hands it passed through when the goods were
landed.) Upon bales Icing landed, it is the custom in
cargoes of wool to put marks and numbers on them in rots-
tion, the initials of the, ship and the master. After the
package is weighed the weight is marked on each package.
If the owner wishes them to be taken out on payment of
duty, he would have to go through certain forms in the long
room. If the owners wished to wit draw part of these
on payment of duty, they would prepare a paper
themselves or their agents would do so), which is
called a duty of
entry. (The witness here read
a duty pied entry of the ehip Rumbler.) When the duty
paid warrant has paned the long room, it would be for-1
warded to the lending surveyor, who would examine the
wool, and if he lensed it to be of the qwelity deeeribed he
would write " approved" on the warrant, and then an order
would issue to the locker to deliver out the minds. The dif-
ference between wool where it is above Is. and below Is. per
lb. in value is this : that in the case where it is above Is. the
ender for delivery is made out at once, and the landing sur-
veyor does not examine it. There are different hours for
opening bonded warehouses in summer and winter, and until
the locker comes the parties to whom the warehouses belong
ought not to be there.—Cron-examined by Mr. Senjcant Tal-
fourd • When the goods arrive the bales of wool at. marked
with a brush at the Queen's Beam, where they are weighed.
The whanioger usually employs a party to weigh the bales.
There would be two marks on the bales; the manifest mark
which comes ever on the bde from abroad and the import
mark. Sometimes the warehouseman gets the goods out of
bond, or the consignee himself. When the landiegsurveyor
finds out that the wool is entered at a false value he may take '
it for the use of the Mill, and pay the importer the declared
value, and 10 per cent. added to it.—Crotrexamined by Mr.
Serjeant Sheo : The mark put on by the marker is done with
a brush, and very quickly. The weight of each bale varies
very considerably. The lo.ker is an officer of the Customs.
Nothing ought to bo entered in or oi•t of the bonded ware-
houses without his knowledge and sanction. The locker has
a book in which he keeps a record of the number of bales
and the total number of pour.ds. It is the duty of the locker
to see that the cargo of each ship is kept separate, and it
ought not to be moved without his consent.—Re examined
by Mr. Watson What the locker looks at on the bale is the
Custom-house mark only.
Mr. Charles Peters, examined by Mr. Watson: I was
formerly one of the computers in the long room. lam now
superannuated. This warehousing entry that I have in my
hand has my initials on it. This entry is for part of the wool
that came over by the Rambler. After the warehousing
entry is signed by the collector it becomes a warrant to the
landing waiter to land the goods into the warehou-e. It
would be a warrant to land the 328 bales of wool r Ram-
bler into the bonded warehouses of Messrs. Gocch and Cou-
sins. (Tho warehousing entry of 328 bales per Rambler was
here put in and reed.)—Cross-examined by Mr. Serjeant
Shee : A copy is kept of the warehousing entry at the
Custom-house.
Wm. Willimot, examined by Mr. Clarkson : I am now
20111070 W in the long room. In May, 1841, I was collector
of duties. Those six documents are duty-paid entries of the
328 bales of wool per Rambler. The duty paid. on those
bales was a halfpenny per lb. We do not receive cheque*
at the Custom-house.
Wm. Rushton, examined by Mr. Clarkson—l am a landing
eurveyor at the Custom-house. Thou six duty paid entries
bear my initials, which show that I examined and approved
the wool contained in the 328 bah s per Rambler. It was
:muse wool. I know both the defendants. I have some-
times seen Mr. Gooch and sometimes Mr. Cousins at Steel-
yard. (The six duty-paid entries of the 328 bales per
Rambler were here put in and read.)—Cross-examined by
Serjeant Talfourd : I will not swear positively that 1 ever
saw Mr. Gooch at Steel-yard. II I had had any suspicion I
should have examined several of the bates.—Cross-examined
by Serjeant Shee : The locker ia a person comparatively in a
humble station of life.
Samuel Collins, examined by Mr. Bodkin : t was formerly
clerk to Mesas. Brookes, who are wool-brokers, at King's-
arms-yard. They imported large quantities of wool, which
was warehoused by the defendants. A pass-book was kept
between Messrs. Brookes and the defendants. That book
oontains the receipt into the defendant' warehouses of 328
bales of wool per Rambler, which was taken out by our
house, from time to time, for home consumption. (The
witness here read the charge* made by the defend-
ants for doty paid on the 328 bales per Rambler,
all of which were charged at a penny in the pound.
When the account was settled in June the defendants were
paid the duty on the 328 bales at the rate of Id. in the poured.
At this time I was in the habit of going daily to Steel-yard.
know both the defendants, and have seen them both at
Steel-yard. I have seen the (defendants write their signs-
turn. I have seen Mr. Gooch write oftener than Mr.
Cousin*. The accounts were always settled at our counting-
house. Mr. Gooch Came generally. The receipt for a
cheque paid to the defendant', on the sth of June, which
appear in this book (the witness had the pass-book before
him) is in one of the defendant's handwritings. This ware-
housing entry of the 328 bales is in the handwriting of one
of the defendant's clerks. The home consumption entry,
that is the filling up, is like Mr. Gooch's handwriting, and
so is the filling up of the other five home-consumption entries
of the Rambler's wool.—Cross-examined by Mr. Serjeant
Talfoind : I am not able positively to tell the difference of
Mr. Gooch's and Mr. Cousin's handwriting. The stiffer
handwriting is, I think, Mr. Gooch's. lam of that opinion
because there is more of his handwriting is the pass-book
than Mr. Cousin's. I have only seen Mr. Gooch sign his
name. The defendants had two or three other warehouses
besides thou at Steel-yard and Leadenhall. They hag one
at London-wall. Mr. Gooch conducted the business
there. I have seen Mr. Gooch at Steel-yard many
times. The defendants have had very large transactions
wilt Messrs. Brookes, and still do a considerable business
oith them. There were floors in the defendants' ware-
houses appropriated to Messrs. Brookes's wools. Merino
wool varies considerably in quality. I have known mesino
wont to be so low in quality that it was a matter of uncer-
tainty whether it was above or below the value of a shilling
a pound ; but I don't remember sue le a thing to have hap-
pened to the defendants. The wools which came b 7 the
Rambler were fine wools.—Cross-examined by Mr. Serjeant
Shee: The warehouse at Steel-yard is as large as this court,
I should think. The wool is piled up in bales, only leaving
room t 3 pees through the warehouse. There his been as
much as 100,00431. worth of wool which has passed through
the defendants' hands, belonging to Mears. Brookes and
Co., in 'ho course of the year. I think the entry in the
pose-book concerning the we:l,l of the Rambler is in the hend-
writiue of one of the defendant,' clerks.
Charles J. Priest, examined by Mr. Watson: In 1841 I
was foreman to the defendante. I first went into their em-
ploy in 1839. I was at Steelyard. I know both the defend-
ants. I have seen them breh at Steelyard. I remember a
cargo of woel coming from Olessa, by the Rambler, in 1841
it tens fine wool, worth more than a shilling per pound.
There was also, at the Fame time, some wool brought over
by the British Qecen ; that was meanie wool, worth about
7d. per pound. It belonged to the firm of " Rally Brothers."
The wool of the Rambler was piled on a dark floor. The
wool by the British Queen was piled on a different floor to
the Rambler's wool. I remember the lending eurveyor
cocaine down and saying, he bad an order to see the wool
which had come by the Rambler. At that time the foreman
at Steelyard was a man named Simon Reamed- Re pre-
pared come of the cosine Donseoi wool of the British Queen
to show the surveyor as the Rambler's wool. I subsequently
helped to cut out the marks of the British Queen's bales.
I put the marks so tut out away, to prevent their being seen.
1 acted under the orders of Simon llodinot. We
cut out the merchant's mark, the manifest mark, and
the Customs meek, from the hales of the British
Queen, and put ten the Rambler's marks. When
the lock• is order carne we delivered the fine wool of
the Rambler to Meson. Brookes. I got no extra pay for
doing this. but more work to do. I left the defendants'
service in 1815 through illness. I have worked in the ware-
lanuee often at illegal hours, at 9 and 10 o'cleck at night.
We got in through the connivance of the defendants. On
those occasions I have seen the defendant Cousins there more
fraqueutly than Mr. Gooch; the former had a house ad-
joining the warehouse in Steel yard. I have seen both the
defendants present when the surveyor come to see these
bales, which appeared to be the bales of the Rambler's
wools.—Cross-esamined by Mr. Serjeant Talfourd : In
1941 I first saw these pieces cut out of the hales of the '
British Queen by the foreman, Simon Hodinot, and a
man called Jas. Donoghue. It was during eminess hones
that this was done; but the locker was down in
his counting-house. 1 saw Ifodinot and Donoghue, with a
paper in their hands, which I knew they could have got
from no where else than the ceunting-house. That was the
first paper I saw, but I have seen other pipers in the count-
ing-house. Simun liodinot and Jas. Donoghue prepared
40 bales of the British Queen for the surveyor to see; they
either cut tbo pieces out, and made it appear as if the bales
had been torn, or newt d a piece over the marks. The real
Rambler's bales were on a 11110 f above the bales of the
British Queen. Subsequently, I was employed to remove
the marks of the bales. The warehouse was locked up by
the locker at 4 o'clock, when he left. On the first occasion ,
we got in by • man being left in the warehouse ; he had
merely to pull a bolt, and that would open the loop-bole
door, and we could ell get in. I have often unscrewed the
locks and got into the warehow e. These pieces, which have '
been cut out of the British Queen bales, and which are pro.
deiced here to-day, I took home with me. I took these
pieces myself to the Custom-house, of my own accord, in
1847. I have seen about from 150 to 2W of the British
Queen's bales made to appear like the bales ot the Rambler.
I have no doubt Mr. Hughes, the defendants' principal
auk, most have known of these things going on.—Cross-
examined by hie. Serjeant Shee: I had these piece* about
7or 8 months before I took them to the Customhouse. Our
orders were to remove ail marks ; but, when the
weight of a bale of the Rambler corresponded with the
weight of a bale of the British Queen, it, wee not neesnary

to cut it out. We always made the weight correspond with
the weight in the landing surveyor's warrant. Perhaps if
there wait an 0 in a number we added a tail to it, and made
a 9 of it. I sometimes used tte brush myself. The fresh
marks were put on with hatter's ones ones
we cut pieces
out of the bales we sewed fresh ones on, and the landing
surveyor would ampule that they had been torn on board
the ship and mended. Ido not remember that I was asked
in the Court of Exchequer the other day how we got into
the warehouse.—Reexamined by Mr. Watson : Simon
Hodinot, James Donoghue. and a man named Langley are
now in the service of the defendants. The paper which wu
sent us out of the counting-house contained, directions bow
we were to alter the bales and what numbers were to be put
on them.—By a Jurymen On what floor was the door the
bolt of which you say was unscrewed i—The witness ex-
plained that the door in question was on the top floor ; and
also the other different places by which they were enabled
to get into the warehouse after working hours.
James Taylor examined byarf, and assisted in unloading
Mr. Clarkson : In 1841 I wu
working at Mark Brown's wh
the British Queen. I marked some of the baled (the marks,
which had been cut out, were here handed to the witness).
Those six aro my marking.--Croes-ixamined by Mr. flerj.
Talfourd : The marking Wit dune with a brush and ink.
James Lloyd, examined by Mr. Clarkson, proved that he
had marked three of the boles of the British Queen, and
identified the pieces which had been cut out. He also stated
that he was at work at Brown's wharf at the same time as
the former witness. Taylor.
This closed the case so far Si regarded the wools brought
over by the Rambler. The next case was that of 77 bales of
eluep's wool brought over by the ship Margaret, consigned
to Nesul. Brookes.
Is support of the 'second charge, the first witness called
was Mr. Goodyear, who was examined by Mr. CI irkson, but
be merely proved the warehousing entry of tho 77 bales
1 of wool.
Mr. Parsons, the landing-surveyor, proved the home con-
sumption entry of this wool, and that it was valued at less
thin Is. per pound, and the duty was paid accordingly.
Mr. Collins, the clerk of Mess's. Brookes, was re-called,
and showed by the pass-book that the duty was charged
on these 77 bales at Id. per pound, and that blessrs. Brookes
had paid that charge to Gooch and Cousins.—The
witness Priest was also recalled, and stated that the wool
which came over by the Margaret was fine wool, worth more
than Is. per pound, and tae defendants marked 30 or 40
halal of coarse wool, belonging to the firm of Rally
Brothers, to make it appear as if it were the wool of the
Margaret.—This closed the ease with regard to the
Margaret.
The remaining 17 alleged frauds were then proceeded
with, ind proved by the office es of the Customs who were
called in the case of the " Rambler," from whose evidence
it appeared that in all but two of the cases the duty which
hail been paid was 4d. per pound. The two exceptions
were, 99 bales of fine wool brought over from Gams by the
"Rowena," and 248 bake by the "City of Rochester;' and
and
it appeared that part of the cargoes of these vessels had paid
the proper duty of Id. per pound, and were so charged the
consignees, Messrs. Brookes. Mr. Samuel Collin', their
termer clerk, was maned several rimer, end proved from
the pass-book that, omitting part of the cargoes of the
Rowena and the City of Rochester, Messrs. Brookes bad
been charged at the rote of a penny per pound for duty on
all those goods which the Custom-house officers had stated
paid only one halfpenny. Out of the 19 occasions on which
the defendants hail cheated the revenue and their customer,
14 of the consignments we believe were to Messrs. Brookes,
the remaining 5 being importati ma of wool made by the
firms of Godfrey and Simpson and Elmalie and Stokes. To
=nu frauds, Mr. Simpson and a clerk from the firm of
and Stokes were called, and they each stated that
they had been respectively charged a penny a pound by the
defendants for duty upon wool which had only paid one
halfpenny. This was the case on behalf of the prosecution.
Mr. Serjeant Talfourd, as counsel for the defendant
Gooch, submitted that the indictment could not be sustained.
Mr. Serjeant Shee on behalf of the defendant Cousins, re-
pealed the same objections ; but his lordship said he thought
the case must go to the jury. Mr. Serjeant Talfourd ad-
dressed the jury on behalf of Mr. Gooch, and Mr. Serjeant
Shea, on behalf of the defendant Cousins.
The following witnesses were then called for the defen-
dants:—
Mr. Hughes, examined by Mr. Keating : I have been a
clerk in the employ of the defendants for 22 years. In 1840
I went to Steelyard. I remember Priest bring in the service
of the defendants. In 1841 the defendants had a cargo of
wool at Steelyard, which had come over from Odessa in the
Rambler. There was also a cargo there from the British
Queen, consigned to Messrs. Reny. I never gave any
directions to any servant of the defendants to alter
the marks on the bales of the British Queen. I
never wrote on a piece of paper the merits that were
to be put on the balm I never knew of any such
orders being given. It would have been impossible to alter
marks on the bales of the British Queen without my know-
ledge, for it would take a very long time. There never was
any complaint that the bales of the British Queen had been
mutilated when they were cleared out from our warehouse.
If the bales hadbeen mutilated they would have presented
very unusual appearance. I never heard of any complaint
from the locker that any bales presented an unusual appear-
ance. Mr. Gooch conducted the business at L,,ndon-wall,
and did not take a very active part in that carried on at
Steelyard. (The witness here identified the different
duty-peid warrants, which were in the handwriting
of the defendate,, Mr. Cousins, and stated that none
of them were in the handwriting of Mr. Gooch).
Down to 1841 the only counting-house the defendants had
was at London-wall. The number of men employed varied
according to the amount of business.—Cross-examined by
Mr. Watson : In 1841 and 1842 I was landing clerk to the de-
fendants. I kept the booksat Steelyard up to 1841, and Mr.
Ward kept them in 1841 at Steelyard. I always paid the
money I received from the defendants for the duty. Mr.
Cousins gave me cheques for it much oftener then Mr.
Gooch. I have worked over hours, and occasionally on
Sunday ; but I swear we never worked on those occasions in
the bonded warehouses on goods that had not paid the
duty; but we sometimes got permission to do so from the
Customs. We used to send a written request to the Cus-
tom-house, and the locker was paid a gratuity of
one shilling per hour for our working over
hours. The locker was not always present when
goods were taken out. It would take two men to cut out
the marks and put fresh ones on '2O bales three-quarters of
an hour.—Re-examined by Mr. Keating If we were work-
ing, by permission of the Customs, over hours in the bonded
warehouses, the locker would be present. The Sunday
working was only in the free warehouses.
Mr. Reeves, a eurgeon, was called, for the purpose of
proving that Simon Hodinot, the foreman of the defendants,
wu in such a state of health that be could not be brought
into court to give evidence in the cause with safety to his
life.
Mr. Ward wu next called, and examined' by Mr. Jones:
He stated that he was in the employ, at the present time, of
Messrs. Twining, the bankers, but that in 1811 he was is
the service of the defendants. (The rest of this witnesa's
evidence was merely a corroboration of the testimony of
Mr. Hughes, with tho exception that he disagreed with-hire
as to the handwriting in two duty-paid warrants, which she
latter declared to be the handwriting of the defendant
Cousins, but which Mr. Ward stated was that of Hughes
himself.
James Donoghue, a foreman to the defendants, was then
called, and examined by Mr. Serjeant Shee, but he merely
corroborated the two former witnesses in their statement.
that no pieces had ever been cut of out the British Queen, and
that what Priest had said about his having done so was
entirely false, end that, in fact, no orders were ever given to
do any such thing.
Several workmen who were at present in the employ of
the defendants were also called, and they all swore that they
had never tampered with or mutilated the bales of the
British Queen, or any other cargo ; that no orders were Is-
sued by the defendants to do so, and that what Priest had
sworn with respect to the British Queen, and getting into
the warehouse by means of unscrewing a bolt, was utterly
without foundation.
Many very respectable wool-brokers and persons con-
nected with that trade were examined as to the characters
the two defendants had borne for honour and integrity, and
they stated that they had always been considered as gentle-
men of the most unblemished reputation.
This closed the case on the part of the defendants, and
Mr. Watson having, repliyd, hu lordship proceeded to sum
up very briefly, leaving it to the jury to say whether they
believed the evidence of the witness Priest. He thought
there was no ground for saying that he was actuated by any
malicious motives against the defendants, and he was corro-
honted by the fact of two witnesses having been called who
swot,e to having put on the marks on the bales of the Bri-
tish Queen, which bad been cut out. Still there were ports
of his story which were very improbable. It was, however,
for them to say on the whole of the evidence whether the
defendants had conspired together to defraud the revenue
and their own customers.
The jury then retired, and after an absence of an hour and
a half returned with •verdict of Guilty ef conspiring to de-
- -eid the revenue, but not the cencignees.

Sittulp in Banco.
Mr. Justice Co:endge and Mr. Justice Erie sat in this
court on Saturday for the purpose of delivering judgment in

several cues.
JONES O. BLOIINT.—BIRMINGRAM AND BII.IOIITON RAIL-
wAy.—In this cue a rule had been moved for to set aside • '
nonsuit, and the question turned on the evidence adduced to
prove the contract stated in the declaration, which was •
promise to psy 2,0001. in consideration that the plaintiffs, at
the request of the defendants, would give up and relinquish
to them the pr: jest therein described, and all the property
the plaintiffs might be able to claim in the same. An en-
gineer made a survey from Birmingham to Brighton, and
incurred various expenses in en doing ; the plain-
tiffs took offices in London and registered them-
selves as the provisional committee and promoters
of the Birmingham and Brighton Railway, and
issued a prospectus; the defendant and others were
chosen managing directors, and they acted thenceforth in that
capacity. At one of the meetings of the committee, the
chairman faked the plaintiff what he thought he ought to
require for the projectorship, and, after giving him 3,0001.
in consideration of his expenses and liabilities, it was arranged
that he should have 2.0001. and the option of 2,500!. worth of
shares, with which the plaintiffs expressed themselves satis-
fied. There were three conditions—first, to give up the pro-
jectorship to the defendants ; secondly, the maps, dec. ; and,
thirdly, to allow them to become managing directors. The
evidence was that the defendants had become the managing
directors, and were acting in that capacity when they made
the arrangement in question, and were induced to
make it only because they were managing direc-
tors, therefore, the allegation that the promise wee
in consideration that the plaintiffs would allow (the de-
fendants to become the managing directors was disproved ;
therefore the nonsuit was right, not only upon the form of
pleading, but on the justice of the case, for the project was
not for the applination of a railway already formed, but for