The Express.
London, England, 1851-02-10 00:00:00

SAW Intelltgestce. one of the Riggers. I have known other instances of cam,
in minces. I recollect 30 baskets( in excess by the Beadicea.
When we sampled them we found there were two baskets
COURT OF QUEEN'S BENCH.—SATCRDAT. elqhmll/41itaohweloicoten.,uellazooid,
nuke
erit
olliortifguhrmt.edik,,,lrtr.
aNicksthe cargo
Ina. SrmeosicLis
j,l34o(o:o,erreLipa.Tz.sn..,—,ltmaroLaziZJesrw,:ciisr.P;rres. ee,
was white and part brown. Th rse two wire in excess
FACCIT r. YORK AND NORTH MIDLAND RAILWAY Mr. Wicks said " Well soon make that right, send them
CoRrANY. upstairs." 1 received in a few days afterwards two iustead
This was an action brought by the plaintiff as the owner of three. The two equal to day were marked e II." I
of certain horses which had strayed and were killed by a , think the other was market). "C. I have seen the operu-
train. It appeared that the horses were in a field belong- !thins going on at Davis's corner. I have seen tons of sugar
ing to the plaintiff, the fences of which were sufficient for wanted there.
all ordinary purposes, but, from some cause or other, they Cruet-examined by Mr. Maeauley, Q.C.—I wea delivery
hatljumpo.d over the fence, hail panned through two other foreman then. I we+ then superior. I don't mean that 'I
fields also belonging to the plaintiff, and so into a highway myself have taken suger fur the purpow of being made
1
which (reseed the railway upon a level. The gate between into molasses, but I have obtained clean sugar fur the pur-
the railway and the highway had been left open, en that pose of making up deficiencies. They might occur three or
the horses Forayed upon the line, and were killed by a train. four times a year, perhaps a dozen times. 1 cannot say
The declaration alleged that the horse. were lawfully upon I how many deliveries I made. The exec,. I spoke of was
the highway, upon which au issue was taken. At the trial a observed in 1850. I am paid one guinea a week fnnn Mr.
verdict passed for the plaintiff; and a rule had subse- 1 Alexander M'Culloch, of Dover-road. I received my first
quently been obtained by the defendant, calling on plain- i mosey from the f'ustmusuleout three weeks after I left do
tiff to show cause why the verdict should not be entered c dock company. I received a pound. I reeeived ;mother
fur him, pursuant to leave reserved at the trial. . 1 pound afterwards. I now receive '2se. a week. I fiat
1
Against this rule Mr. Knowles, Q.C., and Mr. Come, mmtnunicated with the Customs directly I Waii dismissed.
now showed cause, and contended that as between the I bad 245., 235., and 26e. a week at the docks.
owner of the horses and the railway company the horses, had Mr. Macauley propo..ed to ask the witness whether he
a perfect right to be upon the highway, and that the cocci- i had not given information to an officer of the Customs,
dent accrued entirely front the negligence of the company ! upon which a creek of sugar was seized, which was filled by
in leaving open their gates, which by act of parliament they himself.
were bound to keep shut. Sir le Theeime objected.
Mr. Watson, Q.C., and Mr. Addison, contra, contended Sir F. Pollock thought the question fed within the
that the act of parliament was only for the protection of -. Attorney-General r. Bryant" (15 Mores. and Washy),
persons using the highway in a proper manner, and could and could not he put.
not apply to this ease, where the horses were trespassing, I Sir F. Kelly distinguished this case from tat it of the
and might have been impounded by the owner of the soil of i e Attorney-lc:emelt' v. Bryant."
the reed or by the surveyors; that the fault lay with the 1 Sir F. Pollock thought there could be no inquiry into
owner of the horses, us it could not be said that his fences , the worry.: of information of the crown.
Cnos.examination resumed--I believe the lost delivery
were sufficient if they did not keep the cattle in.
Mr. Justice l'atteson Reid he hail no doubt upon the case. from the Feirman was in January. 1849,
The act of parliament under which the railway was mark Ite-examined--Davia's Corner was ;he only piece lOw
provided that where roads crossed upon a level there should , tamed sugar from fur the purpose of 'nuking up deticiende 3.
he gates, Which should be kept shut, across the railway ;II wed for it, and got it. I don't know how it was kept
that provision was, however, altered by a subsequent set. 1 Edatend Wilton, examined by Sir F. Thesiger —1 was
ses 6 Viet. e. 55, which by section 9 provide., that such employed at the Eastern Deck warehouse as head man. I
gates shall' he kept constantly shut across each end I haul been seven years, and was discharged Lee November.
of the highway in lieu of across the railway, ex- i I don't know what I have been discharged for. I remem•
eept during the time when homes, cattle, carts, or ear- i her two hankie, of white sugar, and a hitaket of brown, twine
riages passing along such road shall 'have to cream I sent from the lower floor to the upper. The next morning
such railway. The act says nothing about horses or cattle I twolemloct.of brown were eent back. I reinemherthe eaten
being lawfully upon the road. In this case, however, the lof the John Ferman, except two IMMes, which vonteined for
word lawfully had been inserted, and a direct issue tubed 1 a long tine, in the warehouse. They were conveyed by a
upon it, and it is contended that because by possibility the man named Steward, who is still in the service, of the Dock
owner of the soil might have distrained these horses, Company.
though he (lid not think such owner could, or because the Crows-examined—l get 15s. a week front the Cuetonts. I
surveyormightdo so, thoughit is certain thatunderthe High- I had 16s. a week from the Ihsek Company.
way Act the owner of the homes would not be subject to Charles Baker examined by Mr. Wilde—l was n labourer
any penalty if no damage was done, that therefore the in the London Docks for three years. I left last lee -ember.
horses were not lawfully there. Ile hail, however, yet to I I was diseleirtnel for going to the Cm:tom-Immw•. I cement-
learn that the railway ("mummy were constituted conserve- - her the bags of sugar of the John Fitirmin.
toe of the public riglts, and that as between them and the Cress-examined —I was employed in that part of the dock
owner the horses had not a lawful right on the road. That, at the time. The delivery for exportation might have
he thought moreover that the insertion of the word " law- taken ;laeo in 1819. They were not all exported by the
fully" was quite unnecessary, because the act directs that NM so. 1 can remember a brig took away part of the
the gates shall always be kept shut, and this accident arose cargo. I was given to understand she was lost. I don't
from that provision not basing been complied with. know whether the geode Were all mnsrketl in the car. stay.
The other judges concurred. I receive a ainall sum of money for logs of tine-31., no
Rule discharged. more, for oil weeks.
John Bruniek examined—l was bousine foreman in the
employ of the Dark Company in 1849. I ememMcr a vessel
c died the Queehy Sheol distil:weeny a cargo of roccro. It
was thrown upon the floor and nestled. It happened that
the hags: did not hold the quantity of the cma. The cocoa
that could net be placed kirk was taken up and placed in
gunny hags. ultmether five or six bags, which cotild not ha
got back again. The cargo was weighed and piled accord-
ing to its lot. The gunny hags were plat ol iu Ne. 2 fire,
No. 3 floor, of NO. 4 warehouse, the end gangway. They
were never brought to the Wale. 1 have seen the teat of
the cargo. These hags were in the end gangway when I
Lett. There was no cocoa housed in that platy pre' -to
the Queeby Shed coming in. It watt good cocoa, entirety
free front dirt.
Crowectietnined.—l am now in the teenier of the Cu.-
toms. I hare been eight months in their employ. I bare
been on pay constantly from that time. I receive die. per
week. I have earned nothing at any other employntent. 1
lett the London INceks to go to the Customs. I told the
Custenuehouw 1 thought it nay duty to tell them all I
knew. I have been round to various men rentmertial wife
the docks to induce them to make statements for the Cu.
toms. I have induced Briggs and Aldridge to an to the
Caskets. I weut to the Customs without emnimMunicutin4
with urty one. I cannot say whether the cocoa waa de-
livered before I left, but I think not. The cargo was be-
tween 300 and 400 Nurse, varying front l', eat. too 3 cwt.
Ite-examined.—l was taken to see Mr. Oldham, and they
discharged ale without teesigning my reason whatever.
Luke Fox examined by Sir F. Tfiesierr-1 was last year
in the employ of the London Rooks as ,mantra r. I was in
the ontth noes, and .ea intim:id at the culture by time Cue-
tom-howw. Mr. Northeige waim the deputy w enthottow-kcepe:
of morn 52. 1 have myself Woe as much as to ewt. from
the pile. I dill so under the fen men, Compton and
Atkinson, amid several others. It was i.lways (-mind good
cocoa. net coma was taken re limmi .e 2 before it was
weighed at all. In 181 n all the covet on the Sonoth Quay
Wm cleared away. On being ta':eu to Room 112 it was put
into large tubs. •If a lug of cocoa was defitilint We went too
62 and made up the deficiency. It was then esported by
the comp any. If a missing bee wa., emu.' w *on TAllf
tank it to 52 tuatead of the one sec Ltd taken oat. A pec•
tfilit Was taken from every came.
Crow-examined-1 was altoirether upwards of thirteou
years in the employ of the dock eilittpiiiiv. I get 2.. dol. a
day for attending the Custom... I cannot' say how much I
lave had of the Customs. 1 had Is.. a weed: from the
eoek company. That practice t f taking away that goo'
merchantable room prevuiicel Mr the entire teem I WWI
there. I have frequently done it in Compton'a and Atkin-
son's time. I believe Compton was prosecuted by the Cus-
toms. Atkinson lets lett six or wool years age. 1 don't
reeellect any other foremen than these two. I have seen
Cuddithrel and taken. prom 48 was clean of sweepings in
1819. I done know whether Mr. Northrote was present
when the bulking+ took place and the (sewn wilt removed.
Ile-examined—Mr. Noortheote was suiwriettentlent of
No. 52. I was employed in 'weeping and mixing sugar
when I first went to the South Quay.
George Goddard examined by Mr. Watson. Q.C.—I hors
hem in the servile of the Duck Company since 1842. I
remember Rome casks filled with cocoa in Room :12 of the
South Quay warehouse. They were part of what was
seized. I tilled the greater portion of them. I sometimes
brought the cocoa to fill them front No. 41, mid Mani-times
from the quay. It Was good sound cocoa. Scone of it del
not require any cleaning at all. Scene of it was sweepings
from samples ; some of it was excess of cargo in ^rigidd
bags. Ire memher looming one hag of original.
Crow-exasnined by Mr. Peacock, Q.C.--Some of the cocoa
I haul swept up, and some of it I had not been able to get
into the hags. The samples were taken with a scoop. I
have, since 1849, taken to Room 52 cocoa to he used in
making up deficiencies. lam in the (service of the Dock
Compel now. Compton left seven or eight months
ago. I have not !wen employed in the same way
in carrying roma from the pile to No. .12. Com-
pton wait discharged from the companv'm service. A
hag containing l cwt. is about the quantity) took from the
pile into No. 52. There are plenty who have done so.
Mr. Northcote told me to gather up the sweepings. I del
so. It is about a week since I first gave inficernation to
the Customs.. I gave it of my own accord at the Cu.
toms. I have received refrealtment money from the
Customs and for 11043 of time. I have reet ived 25.6,1.
for loom of time, and 3e. for refreshen( tot. I swear I only
received 2e. fel. and 3s. from the teatime. At that time I
WY in the sterner of the Doek Company. 1 told Mr.
Speneeley, on Friday last, that I had gone further than
I should, and that I wished to resign my card. I received
Ifs, 6d. a week fromn the Dock Computy.
Re-examined—l was from seam o'clock until nearly
eleven, and I got Is. nil. for it. Compton left after the
seizure. Stile,: the seizure it has not hem, the practice to
remove cove from the hulk.
By the court—The practice wait !eft off immediately aPer
the seizure. I have never le l an directions to do rim nee
did I ever take upon myself to 'ls so without directions
from my superior.
John Cudeliford examined—l lax. 12 or 13 years at ties
Landau Ducks as labourer and look-out man. I have :in-
sisted in filling the casks of cocoa. We. got some froze
the pile or hulk sampling berth. ft was sound, gom!
cocoa. It was a general rule since I had been there.
Crosewsumined-1 left last April. I have had money
from the Customs since for my attendance. I have had
money from time to time at the rate of 164. a week. 1
don't know 'of any Custom-hewer officer attending tut'
sampling. I was look-out Juan and lubeurer.
Ite-ezamined—My busier e was to leek etcr the bookie.;
of the cargo. I had nothing to do with officers.
John Mmauley Arnaud exantinol-1 am landing waiter
of Customs. I seized a bag and awls of coma at No 4
Warehouse.
Crow-examined—lt was iet the warelteuse:e(
His name wax Northeuto.
By the Chief Baron—l wised it for not getting a satisfac-
tory 'mutt of it. I seized them thereupon. They said they
were sweepings ; I thought they were not. I expect thud
the sweepings of each cargo should hive the name of the
ship upon it.
By Sir F. Kelly—l think the OMMA ought to be berths:
over to the merchants. I have heard that the London Dock
Company have exported cocoa sweepings, but I don't know
it myself. lam now at St. Katherine's. 1 have neverhad
any toweepinge of cocoa there.
James Hoptan examined by the Solicitor-General—l was .
in the employ of the London Dock Company. I was dis-
missed last December. Ido not know far what cause. 1 '
was employed as labourer in the western docks about *I •
sampling. (The witness explained sampling.)
Crass-ezamined by Mr.Macauluy, Q.C.—lwo a labourer
I side that since the seisms the over-drawings have Ir.er.
put into shifters and before they were put into the tub.
Shifters were eamaged bags. I sneer to till the jury that
it is only since the seism.° that over-drawings are pet
into the shifters. I cannot say that I ever saw a Castone•
. house officer standing by at the sampling. One cargo was .
sound since the seizure. Idu not !mow what was dor,.
with the over-drawings in that inetance. The over-,drawings
were never put into washed bags. I neve: saw it dune tr.
mr life.
' By the jury—l think they have had r.c.ve 'sapling isoni
since the wittier.
Crose-examined—l cannot say hew long before I was dia-
mewed I wall in communicetion with the mitosis. I have
been paid 16e. a week since I left my situation. It was by
chance the gum was the sameets I received at the docks I. '
, have dune nothing for the cuatonue
Re-examincil—Before they paid mo 154. a week I do not
know that they ascertained erh et my orenprtrion had been
Mr. Charles. Sutherland examine:! ii Sir I'. Thesiger—
I um of the Ms of hutheelead avA Cltt irreS S

COURT OF EXCHEQUER.SATt•RDAT

Fw Paurs.—Boos II ma Y. rot Locc,-Cstum Bacas. Amu • MIDDLE.

pat tarnrw: Jenr.
THE ATTOHNIST.GEN ERA L O. TIM LONDON DOCK
CONPANY.—IMPORTANT REVENUE CACE4II.
- . . .

This cuss Was resumed at 10 o'clock on Saturday morn-
ing, when the following witnessas were called audexamine
John Browne examined by Sir F. The: ger—l was for-
merly in the service of the Duck Company. I left the be-
ginning of September last. I had been there 12 or 1.5
months. I was labourer in the Eastern Docks. I remem-
ber the seizure of the 28 cask. of sugar. I had not been
engaged in sampling sugar at that time, but I saw other
persons sampling. I rerolleet a vessel called the Helen
Mary; she came from the Mauritius. I remember seeing
some sampling of sugar from that vowel, and I remeinhor
the overdrawings malt to the inclined planes in a cask or
tub. It was carried in trucks, and I assisted in trucking it.
There were several other casks at the inclined plane. The
overtlrawings 1 trucked were taken before the sugar was
taken to the scale and weighed. The place at the inclined
plane was the place for the ovenlrawings. I have
taken them from there to Dili i+.4 corner, where tiny
were washed and made into molasses. I was once
engaged in dragging up the cargo of the Sahli.
There was a great quantity of sugar spilt at the loop-lick,
which was put into casks and taken away by Davis and his
men. That was in February last. (This evidence was ob-
jected to.) I was employed a day and a half in discharging
the cargo of the llulah. The whole time Davis and his
men wen, engaged in carrying away sugar. They carried
away from two to three casks the day I was there. I have
been engaged on other occasion in unloading sugar ship«.
There was always some spilt, and there were overdrawing.,
both of which were taken to Dacia's corner, where it was
made into molasses. I have done it myself. I saw about
31 tons of sugar on the west Moor before this seizure. It
was in original bap. Mr. Wickes 2114 Mr. Hearne desired
me to cut open those bag., turn them out, and put the
sugar into casks. It was both Mauritius and Manilla sugar.
1 borrowed a knife from a fellow labourer, Churchill, to cut
open the bags. The knife was lust in shovelling in the sugar.
Some of the sugar was in gunny bags. Some of it was light and
some dark. The light was turned out first. By accident 1
turned out some dark sugnron a pile of the light, upon which
the foreman swore at me and told me to put it into the bags
again. Mr. Wickes was there urging me to get the work
finished. Mr. Bales and Mr. Randall pawed clown the Line
at the time. I then heard that the customs were coming.
A cooper named Enncrsly was employed to leaden up
the casks. As soon as we had tilled up a cask, Ennenly
headed it up. Ile filled up seven or eight casks, and took
them to be weighed in the west floor, nut where the goods
were weighed by the customs. Mr. Hearne took down the
weights. I did not we anything more of the casks after.
When I was in the service of the company there were
printed instructions hung over the door of Mr. Bales 's
Mike in the eastern docks. There was It partition be-1
fore them, and you must go through a door or opening of
some sort to see them. I never read them. Neither was
I required to do so.
Cross-examined by Sir F. Kelly—There were two or
three casks of light sugar, and two or three of dark. They
were not separated into particular qualities, but the
colours were kept separate. The sugar was good mer-
chantable, saleable sugar.
By the court—lt Win in original bags, just as imported.
Cross-examination continued—Some of them did not ap-
pear to have been opened. There were nearer thirty than
six bags. I do not know to what cargo they belonged.
As many as seven or eight casks were filled. There we re
some Manilla bags.
Ily the court—The bags were Manilla bags.
Cross-examination continued—l was in the employment
of the dock company twelve or fifteen months. Since I
left them I have been all the time under the Customs, and
have been receiving 15s. a week. I communicated SN ith the
Customs before I left the dock company. It might have
been a fortnight before, but I think not a month. I went
voluntarily to the Customs. I know Davis's corner very
well. It was well knows throughout the docks that that
was the place where sugar was converted into draininga.
Everyone who went to that part of the docks must have
known it. There were three or four Custom-house officers
on duty there, and they were about the warehouse from
time to time, and to the best of my belief had liberty to go
where they pleased. I did not assist in taking away the
sugar spilled at the loop-hole to Davis's corner. I was
assisting in dragging up the bagsthrough the loop-hole. The
broken bags were not sent to me to fill. I decline to name
any other person who was engaged in removing the sugar
which was spilled. The filling of the seven or eight casks
lasted about three hours and a half. It began about
twenty minutes after twelve, after our dinner. This was
done on the housing ground on the west floor. There
might have been seven or eight persons employed in doing
it. (The witness pointed out the housing ground in the
model.)
Re-examined—Davis's corner is very dark, and a person
must be there for some minutes before he can see. I never
saw any goods stowed in the hole at Davis's corner, hut
good! would be stowed on each side and just on opening to
get into the corner.
By the jury—The sugar taken from the Bulah to Davies
corner was taken away in the open day. There was no
secrecy about it. I don't know whether the bags had been
sampled.
James Scott, examined byMr.Wilde—l was !labourer in
the London Docks for six years. I left about the middle of
the year. I was discharged for telling the truth. The
Customs have maintained me since. I recollect when the
seizure was made I was at work on the north floor in the
eastern dock. I was at the Rigger. I know Panting and
Donovan; they were there too. I assisted in hauling up
sugar. I don't know what sort of sugar it was. I recollect
in a few days after assisting again in hauling up two casks
of sugar. I assisted in putting the 28 casks of sugar that
were seized. Some came from the west. Seven came from
the west, and seven or eight came from the north. Mr.
Wicks, Mr. Hera, Mr. Randal, and Mr. Wiles were
there. I had a hand in filling the casks that came from
the upper floor. The sugar in those cases came from bags
in the same way. I was dismissed for speaking the truth
to Mr. Chandler and Mr. Hussey.
Cross-examined by Mr. Peacock, Q.C.—Before the casks
were filled the sugar was put out on the floor. I can't say
where the sugar came from. It came out of bags, but I
cannot say what country it came from. I have carried
several chests up stairs for the customs. I get 15s. a week.
I have earned 37.5. or &a a week at the docks. I hail
2s. 9d. a day from the dock company. I told the Customs
what I tell now, and the y dismissed me there and then.
- ••-,---maneral—What did you tell them about the

!.per '4l charg•

Bulsh ?
Witness—l told them what I said now.
He Ponting examined by the Solicitor-General-1
was in the employment of the Doek Company as foreman
about seven years, and was dismissed without any cause.
I remember the customs officers coming to the eastern
docks. I had boxes of sugar from 1849. They came from
the John Fairman. I was delivering officer. Ido not
know whether the two boxes were excess of cargo or short
delivery. The rest of the cargo was exported. I told Mr.
Wicks that there were two boxes in excess, and asked him
what I was to do with them. He said " Let them alone. It is
always handy to have a few boxes by us." When the offi-
cers came in the month of March, and were making their
search, I asked Mr. Wicks again what I had better do with
the boxes. I said as they were excessive cargo the Custom-
house officers would likely seize them. Mr. Wicks told me
to get a man on whom I could rely and sand them to the
upper fbcr. I got the man in consequence of this. His
name was Charles Steward, and took the boxes by a circui-
tous route. I saw then hoisted sp Vs the north door by

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1;1:1,
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