The Express.
London, England, 1851-06-17 00:00:00

THE EXPRESS, TUESDAY ITENING, JUNE 17, .1161.

mph olgo sAllw of Imam Cromwell, who, orldbt
=lagsMs toad be discharged dared WINI
wpm tho question of costs; but, la so-
amemos wild
ggerimatba of the majority of the judges, the
rib was with costs.

COURT OF

-YESTERDAY.

/mows us Laos.

Tzie ATTOILNIT Mumma. v. ma LONDON Dock Cox-

PANT.

...,.....
FRAUDS oron TRII Itzvasys.

Yr. Masaolsy, Q.C., was heard this morning on behalf
el the defendants against the rule obtained by the Attorney
_ .

The Attornq General felt surprised how it was pomible
to find material, for nine hours argument upon a ♦erg
smell point. He had undoubtedly opened a case much
wider than that upon which he now rested it, and proved
it beyond all doubt. He had now to submit that the crown
was entitled to the judgment of the court. The effect of
the different statutes was to afford a security to the crown
for the duties. If it wee sufficient to say that the crown
could not be defrauded so long as the goods were under the
leek and key—the ocular inspection of the customs, as kis
learned friend bad said—it would be unnecessary to have
ell these regulations. How could the eye of the custom
house officer be on the thousands upon thousands of pack-
ages which were deposited in piles in the customs ? By
this time the court was perfectly familiar with the mode
in which cargos. were landed. Having made an entry,
a warrant was delivered for the landing of the goods.
The evidence of the two principl witnesses far the de-
fendants was that the sugar had been collected from the
spilling*, overdrawing*, and sweepings. It was all good
marketable sugar, such as unquestionably the merchant
ought to have had. The question was were those goods
liable to duty? Were the goods within the provisions of the
act of parliament? He contended:that they were. The
crown charged two things: first, that the goods were not
duly entered; and, secondly, that they had not been de-
posited in pursuance of the entry. The entry should con-
tain all the particulars stated in the section, and the
protection the crown had, not having the names of the
parties, was constant access at any time to demand those
duties.

SOUTHWARK.
Cliarks Benson, a respectable looking man, was charged
with intermarrying wtth Isabella Munro, his former
wife Lydia being then and now alive. Both wives were in
attendance.
Policeman Ball, 117 M, stated that he took the prisoner
into custody that morning on board a vessel bound to New
South Wales, and that he was accompanied by a young
female, who represented herself as his wife.
A respectable looking woman than stepped into the wit.
ness-box and stated that the prisoner was her husband, and
that they were married at Sydney, where he had considera-
ble property; that they returned to England to see their
relations, and that having ascertained he had married an-
other woman, whom be was returning with to the colony,
she (the wife) gave such information as led to his apprehen-
sion. Captain Lovell was the commander of the vessel in
which they came over, and ho was present when
the prisoner made the avowal that she was his wife, and had
also witnessed the fact of her tearing up their marriage cer-
tifimite in the course of their voyage to England.
Mr. A'Beekett—ls Captain Lovell now in London ?
The complainant, in reply, said she believed he was; but
that as the prisoner was only taken into custody that
morning, she had not had time to make the necessary
inquiries.
Mr. A'Beckett—ls there any person present whom you
wish to call to give evidence ?
Complainant—My sister is here; and although she was
not present at our marriage, still she knows that I am the
prisoner's wife.
Mary Ann Bergman then stood forward and said she
was the complainant's sister, and that the prisoner was
her lawful husband.
Mr. A'Beckett—How do you know they were married?
Witness—l have heard him call her his wife, and the
family always understood they were married at Sydney.
Prisoner—lt's no such thing. I was never married to
her, but she lived under my protection in New South Wales,
and I should have been her husband had she not given her-
self up to habits of intemperance. I behaved lake a hus-
band to her at Sydney, where she had a carriage and ser-
vants at her command, and, in fact, was in every way
treated like a wife until she became a drunkard, and I
was then determined to cast her off, otherwise she
would have ruined me. I have property in houses and
land at Sydney, and I am now about to take out a woman
to whom I am lawfully married, and who will look to my
interests there, and not give way to an unfortunate propen-
sity for drink.
The complainant still asserted that they were married as
already described.
The prisoner here declared that since his return to Eng-
land he had heard, from good authority, that the com-
plainant had a husband in London, and that she absconded
from him and emigrated to Sydney.
Mr. A'Beckett said that at present there was no evidence
adduced before him to prove the charge against the ac-
cused. As, however, the complainant had stated that she ,
had strong grounds for believing that she would be enabled
to produce an important witness, he should remand the
prisoner.
The prisoner expressed a hope the magistrate would not
consider it necessary to detain nim on the charge. That he
load paid the passage money for himself and wife to Sydney,
and that the vessel was coming out of the docks that very
day, and would sail in a day or two at the furthest fur her
destination.
Mr. A'Beckett said he should remand the prisoner until
to-morrow (this day).

Sir F. Kelly—The duties were clearly not payable until
the goods were delivered out. Where was any such pro-
vision to be found ?

The Attorney•General—The duties are due and payable.
Mr. Baron Platt—The very object of allowing a merchant
to bond goods was to allow him to trade to &greater extent.
For you might ruin a trailer if you called on him to pay
the duties at once.

The Attorney-General could not then refer to the sec-
tion. Ile was told it was done by Treasury order. It was,
however, a collateral issue. The entry records the goods
and the names of the parties, and that the crown should
not be defrauded. It was therefore n that the
entry should be made. A good deal had been said about
the weighing. The weighing necessarily precedes the
warehousing of the goods. First, he said that the goods
were never warehoused at all ; and secondly, if they were
warehoused, they were not according to the terms of the
act. The ascertaining the weights was a condition prece-
dent to the warehousing. It was said that the goods were
deposited in the warehouse because they were within the
four walls of the warehouse.

Mr. Baron Alderson—lf the Customs had framed the act
strictly, this difficulty would not have arisen. Samples
ought not to be taken before the weighing. The sections
of the act contemplate a depositing is a warehouse after a
previous examination, weighing, and marking. That sup-
poses the goods to have been landed on some quay or land-
ing-place from some ship.
The Attorney-General said, in fact, the dock warehouses
were so many landing-places, and, until the goods are
weighed, they are not deposited in any place of security.
One of the main grounds put forward by the defendants
was, that no duty could be lost by this system, because, if
they belonged to the merchant, they would not be liable
for duty if they were not used for home consumption, and
might be exported by either party, in which case no duty
would be claimed.

Sir F. Po lock.—Just as a man who was within the four
walls of a prison was not a prisoner.
The Attorney General.—Precisely. But the goods were
not deposited according to the terms of the act of parlia-
ment. The crown could have no protection until it had the
particulars and the entry, and until the goods were
weighed. The weighing therefore was made imperative
upon the officer, it was a thing which he should do. But
supposing the court was of opinion that this was a ware-
housing within the act of parliament, it was not according
to the entry. It will no part of the duty of the Customs to
take the goods to the scale to be w-ighed, it was the duty of
the importer. The duties were to be paid according to the
weights and marks at the time of the weighing.
' Mr. Baron Parke.—Do you say from the necessities of
this warehouse it practically performs the double functions
of being the place of landing and the place of weighing ?
The Attorney-General—Just so. But his learned friend
was entirely in error when he said that those goods were
under the constant eye of the Customs. The crown had no
control by day except by the entry. The doors of the ware-
house and the gates of the docks were open all day long ;
and there was nothing of physical impossibility to prevent
the company from sending out any portion of goods of
which there was no entry made. He had therefore the
right to say the crown might be defrauded. No doubt the
crown would lose nothing if the merchant exported, but the
great quantity of sugars imported are not for exportation
again, but for home consumption. The question was, bad
the goods been warehoused, and if they had, had they
been warehoused in pursuance of the entry. Although it
may be true that between the time of the landing the goods
and taking them out the importer may have parted with his'
property in them, the rights of the crown still subsist. In
conclusion, the learned Attorney-General submitted that the
rule should be made absolute.
Sir F. Thesisrer, Q.C., followed on the same aide. He
said undoubtedly the object of the arguments was to get
from their lordships some principle which for the future
was to be applied to cases of this description. He contended
that upon the showing of the defendant's own witnesses,
these goods were liable to forfeiture as goods removed with-
out being duly entered and not deposited in a warehouse
duly authorised for their reception. Ne goods were ware-
housed until all the preliminaries—such as weighing, &c.—
were complied with. In conclusion, the learned gentleman
submitted that the crown was entitled to have the rule
made absolute.

Mr. Watson, Q.C., followed on the same side, contending
that overdrawings taken by the company on sampling were
forfeited, as not being duly entered and deposited in •
warehouse.

Mr. Baron Alderson—Then, though the overdrawing*
have paid duty by the two ounces, the sugar so collected so
liable to forfeiture. In that case every merchant who takes
the sample is liable to a penalty of 1001.
Mr. Watson reminded the court that this was not a pro-
ceeding for the recovery of a penalty.
Mr. Baron Alderman—No ; but if we decide in your
favour as to the forfeiture this case would be an authority
for the penalty also ; and I do not think that the legislature
ever contemplated any such thing. Why should we not
construe the word " deposit" in its plain end ()tautly
signilicaii.7,7.! A!! the sections pron a landing attar
entry and weighing, and then a depositing. Why should
we say " depositing " must mean depositing with entry,
because the Customs have chosen in practise to do two things
at the same time ?

Mr. Balhuituse and Mr. James Wilde were also heard on
the same side, but the last named learned gentleman had
not concluded his arguments at five o'clock, when the court
adjourned.

Wind braiielf &sled gm the wan tireelserceii ht mums it 101. Thies were the only late worth
wag be react do reggi hid na. adisigims outhouse', rareelleakg In the zr niter. Mr. Ifeekenzia, Inverness, bought
of fat Illehiend Mote from Mr. smo Menlo:thy, at
wida he de:
til°"l7 "bsred °rer and Pt dear off• sssdl
IN. 11. A crow co* of gout atria, sOaTt .01. 10e. la the
Witness could positively wear to the identity of the pri- narkmotet a re. excellent young animals were showsty Lord
loner, as the moon mu Weber brightly at the time, and Levet. Ahr roe belonging to his loniship wee pardoned ty Dr. It.
be was well acquainted with ids person from having seen low. Ineereeth. et rii• With so MO. to rem the reollet of Ow
him repeatedly prowling about the neighbourhood. maker ran 'earthly be Jactrtamcd, bat It ,coned the Impression that
Police constable Brans, 149 0, stated that last Saturday good cattle would hue realised Merr pekes.
evening he succeeded in treeing prisoner to a public-house
in Boot-street, Spitallekle, and after a desperate resistance HOP INTELLIGENCE.
took hint into custody. With the assistance of another W•Tnitftrontrat AND Turox.—The bine grows rapidly,
officer he forced him on for some distance in the direction bat there le a vast quontlty of dy sad lies, whisk have increased
of the station-house, when the prisoner, after another etre- kt!IS.
anon' attempt to Neaps, suddenly asked him what good it entursAo.—The fly and lice have increased greatly
could do to him to " settle him," and offered to present ,withillal"....ketailt4....4,(:.tb.m.a. th
f: bins IFtrthl'e ~,,,Pidwtbl7' ."1;3 ithae
him with 101. if he would consent to "square" it. .guw Ito why the- mil do; It is mid the mould
The prisoner was recognised by several constables in has geode Its appearance fa some grounds.
attendance as having been no less than four times eon- bLannife.—The bine is generally strong, but looks far
victed, and sentenced upon one of those occasions to seven hem healthy. The dy increases daily.
year.' transportation, but it was afterwards commuted to Hawimearr.—Our grounds are getting very foul in
twelvemonth's imprisonment —Remanded. some pleas; the growth of the bine had been rapid before the ly be.

Ht te.-Ipar hops in the upper part of these parishes
ire lotha on well gaserally; the LW is gaming very
..feet lois
strong and weft; but below they MI Sit le leeward. The fly is
sowing en t. abenlame, sad daily bertereag.
BaaucaLsg.—We have, se beibto stated, abundance of
ay, end lire magenta& Tie Malt, We bar, MI be beneydcw.
lbw the bops will pl *MO th Y legyesabie m tell at protest we
ea they will he slab damsel by Owes destrestlve meas.
WOHTIII.—The hap-We has grows aadderably
Seen
the week; the plasaliene. beemear. are Inbelled Mb fly and
In ehaediewit la meg mama tie Imes ere quiee Meek with
dais bagel; am leek se W Iberia= w dyad the siintelter with
&t hew. Ingarimat pirinelawmithe beam in imminent darter.
Camtassooa.--Bine still grows and looks healthy,
although then se an Increased quantity of y Yid lice.
0011DM0IIIIT.—Erery day since the boisterous weather
has ososi. Soy is • further Increase of fly, with an immense stock
cal tits, awl bees are no exceptional mes. lEbrre and there may be
band pence almost eaten up with the Sea, so much so that the
hioe bum* up the pole, will. others:T.:Layman( rapidly over
the go* balance of the Mask a the
HORNIONDRIC—The increase of fly and lice is alarmingly
peat; from 53 to he en a lest eat be band. Injurious effects muat
soon follow, mama a speedy clearance ed Twain takes place.
ED5:llllD43l.—The late showers have very much im-
proved the bop bine, and they have made good progress during the
week. We have more fly, and in some places lire as well, but at pre-
suet not euilleient to retard the growth of the bine.
lORTHAY AND SIAL.—We hare generally a great in-
crease of fly since sabot report, more pa:trate:ly those in sheltered
Walken ; the high grounds have not to much.
SWARDEN.—The bine has grown much this last week; the
Ay is trey numb on the increase.
TENTERDEN.—The hops in this district are not very pro-
mising. The bine in m plantations is weak and backwards, and
the fly oneth berme ; from 50 to 100 have been found a
siprILIINU MJ L, A places.
AND COUNTRY DIeTRICTS, June
16th.—three OM' last, the reports comes more unlayoutabic. The
rain does not appear to have Improved the plant, but there has been a
very general Maim of fly and vermin.—Moiderene Gazelle of this
flaw.
Matitarofla, June 6.—Our reports from all quarters, it
will be seen, speak of • great thereon of Spied lice, and the universal
opinion le that it is neat to impossible that the plantations can &cape
• revere and destructive fly blight. One correspondent exults in an-
teipation of "doing the government out of the duty," and another
estimates the duty for the present year as low as 40,11001.
BARMINO.—Our bine has grown rapidly, and the vermin
has Increased as fist; I mealder the hops to be in a very precariom
state; the heavy crop taken from them last year must be very touch
against theta.
FARLElOll.—There has been a very great increase of fly
—lice evidently following . The hops must go into a blight; whether
they eome out or not will depend much on the weather. The chances
are mach against them, se the bine la generally backward, and the
attack rather a late one.
Loons.—We have every symptom of a severe blight, and
we shall no doubt Je in Mat position which I imagine -omen planter.
call a glorious one, i. e., "being able to do the gererrunent out of the
whole duty of laii." We .0 agree that there are mine fly here than
has been seen f r many yeas, indeed, ever.
Ltd TON.—The bine and vermin have had a race, but the
vermin have beat the bine • pace. We are smothered with ver-
min In our lower grounds particular, and mat go into • thorough
blight. Ido not proses to bs a judge of the hop duty at this
seam I Modal call the duty4o,ooo/. according W the present ap-
pearance.
AYLESFoRD.—We have had nice rains within the last
few days, which will mist in getting the grounds into better tillage.
The fly and lice have increased daily; sane of the garden+ are
short of Wan and present apperances are much against an average
mop.
ULcowa.—We have had a gradual increase of fly for the
list ten days; they are smaller in sae sod of a darker colour than
usual, and produce Hee innumerable. Without a speedy alteration •
black blight will follow. The lice have nut been in existence long
enough weffeet the growth a the bine at present. lloney-dew is also
making ita appearance In several places.
BROOMYIELD.—FIy is general in all our plantations and
the lure follow quickly In liege quantities; without a speedy alteration
notTainnlynonuirntren.—huithonur baytapeanndwilillnebehmsucTeh bblenighntediTaduany
in.
amine during the past I.rtnight and the humid state of the atmos-
phere lately copied them to multiply exceedingly on Saturday; union
we hare • very favourable change shortly the crop must be a scanty
rale.

IiTAPLZHOILST.—Thc bine is growing rapidly, but the
fly appears to be Increasing.
ROLVENDIN.—The fly are increasing at a rapid rate ;
upwards of a hundred are luund upon a leaf, and the lice are very
numerous, with but few ay go:dinp.
OTTORD AND SHOREHAM.—The hop bine is dill in a
seri_growing slate, and there is a very great mammal fly.
WitoTHAM.—We have a very considerable increase ofis
threethe last two or tbc days; they am very general all over thc grou ,
and many of the small leaves aa hill es they can 'tick ; nits and lice
are tot Increasing, mug go Into blight, and, as it is a late attack, I
am fearful post recovery. The bine is rather uneven, and generally
backward, although, considering the tying was late, there is not much
mama to complain of their program hitherto.
SWANBCOM n.—The hops have made great progress this
last week; the By end commum, but without much increase; the
bunts now amercing a very healthy appearance.
CANTVRAITRY.—The fly has Considershly ineressed in the
pest week, and lice nave won appeared. The bine, however, law
grown fag, and lake generally luxuriant.—.linidafono Journal of
this day.