The Express.
London, England, 1860-04-10 00:00:00

THE EXPRESS TUE.q)AY EVENING, APRIL 10, 1860.

THR RECORDRR OP BIRMINGHAM ON SUNDAY
TRADING AND DRUNIZNNZSS.

At the Birmingham Sessions yesterday, Mr. Has, I
Q.C., the &reorder, maid :-0n the evening below the deli-
very of my first charge from this beach, in the year 1839,
it s., happened that a riot had occurred in the town of Bir-
mingham of an appalling description, and I felt myself
called upon to observe upon that not, and to state what
eould be the consequences if such conduct was not sup-
poo..ed try the strong hand of the law. It so happens that
just sop have completed the 21st year of my reoordership
a similar circumstance should have to be observed upon.
List evening—the evening of the Lord's day—an assemblage
of persons, I learn, took place, not so fearful in point of num-
bers, or in point of strength as the one to which I have re-
(erred, and therefore not causing so much alarm in the town,
I but yet one that cannot be passed over without anirnadver-
eiori.• It was composed, as I have learned, of the refuse of this
large town. lam not surprised to find that • great number
of persons can be collected together for any bad in
the town of Birmingham. because the quarterly exhi *tions
of misconduct which we have in the front of this building
have painfully convinced me that the number of persons
ready to join in any mischief, or in anything revolting to all
feelings of morality or religion, can be found here.
Gentlemen, the real or ostensible motive for this meet-
ing was to complain that the law of the land regarding
Sunday trading had been put in force. Gentlemen, there
is upon the subject of Sunday trading differences of opinion
as there is upon every subject. Some have thought that it
ought not to be made the subject of law. This is matter
for fair discussion, but I do not think it would receive that
fair !discussion among a crowd such as that assembled
yesterday afternoon, nor do I think—and there I am rare
you will with me—that the Lord's day is the best to
be sel for such a purpose. But, gentlemen, the ques-
tion with us is not what the law ought to be, but what Use
law is. Let those who dears a change do their best to ob.
tain it in a peaceable and nthiemal manner. If I have
formed a correct estimate of the people of this country It
will be a very long time before a popular feeling anew that
the new law might to be changed. But I have not a word to
ass in reproof against those who think differently, but I
would ask them to take the means which the constitution
affords of carrying their opinions before parliament to ob-
tain the change. But as I said before, the ire's.
tions for the consideration of all obedient subjects
and for those who are entrusted srisi, ohs aitasieis‘nittou
of the law, is not what it should be, but what it is. So
long as the law regarding Sunday trading is on the Statute-
book we must obey it, and it is the bounden duty of
three who are entrusted by their Queen with the respon-
sible power of administering the laws to do their best to
carry them into effect. lam informed that some laxity of
practice had grown up in this borough in regard to the well
known statute of Charles 11., prohibiting Sunday tending;
and I am told that the authorities of the town took a step
which I think most advisable. They did not proceed at once
to pat the peed pert of the law into effect, but being rer-
Lseelesskel Irma of the most respectable inhabit
ving ants of the
This was I=l.byevZfyisillsasisraltsg; nioetees oat of
tweedy of the atoms we smelly opened on Sunday
remsined demi. I sapeall was a witness yesterday morning
that the amber of shmksepers who now open on Sunday
b very M. lan also ebb to contrast the appearance of
the analapatarday with what they were four or five years
rallirsivzhen I went out during divine service for the purpose
what was the state of the town. I came back
the disorder that I saw. The contrast yeast.
Cwwee very cheering. Gentlemen, there are some shop.
who, in spite of the warning, and of the open and
lertneer in which the authorities have acted towards
them, eland oat and eh the law at open defiance. Now,
put it to yenraelves—What ought and what must
rthigr:inees takes by tbe authorities ! They have been
reca. called tr 444 ble portion of the borough to
compel to the law. The respectable shop.
keep= el town have the law. Are the authori-
ties to permit those who set law at defiance to have the
monopoly of the Sugar bade ? It is quite clear that that
ought ant to be so. litreuld be much better to go back to
the former state of chi pa Det, in order to do that, the
authorities mast forged their oaths upon becoming members
of the town maned or her Majesty's justices of the peace,
boresthey being bound to take the best means to
the her. II doh amtkamen a cry has been raised
that the wept= lee hem resorted to. I am sure that
ma tyre peed Met will not be frightened !iy • cry—you
1141111Mthe laill Os hmidation of disavow', and judge
ef its net by represehes mode, but by facts and arguments.
Whet is Maly mild the spy system is one which every
be. sea most Ilelset to the core of his heart. It has
bappewsd that minhave been employed who, whatever their
instnitloss might have been, did, in point of fact, tempt
their aslghboon—incite them Ind indolence their parkas
and ices, mail they fell into crime. I should be the
had .me to justify sub a step. But mark the dihinetion :
Na pima is haws te be in the hourly or half hourly
esmwdeleu et Warm against the law, I should be 'led to
hew whet pile objection there can be to smftg pr-
am is the pellemers uniform, ask' for articles, which,
when slid, menglilute the Om& If the shopkeeper would
not have sold maws be bad bum saked, wrong would then
be dorm. But If be hopes-1f he is offering to transact the
business of the asp oa the Lord's day, the policeman goes
there for the of bringing him to justice ; and when
he is V, broug t, eta anything be more ridiculous or absurd
than that he should turn round and complain that he has
been trapped ? At the same time I believe that the execu-
tion of this law demands. as I believe it has received, the
grcate• arnaside rat too on the part of the authorities,
not to do harm while they are endeavouring to do good.
It is so, gentlemen, of e law which interferes with
the private affairs of mankind. Its administration is a
matter of great discretion and delicacy, and especially is
that true of the adminetration of a law which is so nit/-
mealy connected with the religion of the oonntry. I am
sure the authorities of the town would grieve if they found
that by their attempts to enforce the law, and merely pro-
duce an outward conformity with the duties of religion,
they had in truth hardened the minds of the people against
the law ; for it is not difficult to understood how the law
may force a man to close his doom and retire into the in-
terior of his house, and while there do that over which
the law can have no control—indulge in angry
and malevolent feelings against the authorities,
the law. the legislature, std the whole scheme of
government, and moreover shut his mind up against all
the precepts el religion. Gentlemen. lam disiromt if Fly
voice can mks be way to the great popukaon of this
town, to caM spun those who are more sedoias thaa dimmest
not to peen toe vim:moody upon the authorities, but toleave
them to the swans of their own good sense upon these
matters. Gentismen. I was about to say that there was
another &swim& to the estalection with which I observed
what came emir mq mhos yesterday, and that is that I
have received a essinsunitaboa from an inhabitant of this
town, who h a stranor to ma but whom I have ascots/ad
to he a thereughly rempeotelde person, complaining that
the pendia ef lotteries held in puhtic.howies had been re-
vive& the prim being sometimes intoxicating liquors and
sanistisees money, but In either case drawing persons who
should beetme subscribers into these public.houees, in the
bops that being there they would be led into expendi-
ture. It so happens that four or Bye years ago. this
came under my notice, and I took some pains to
7s= the state of the law, and I showed by the act of
=sot that persons taking part in such lotteries were
the law, and I warned all such that if similar cases
mine under my notice, I should, if a fitting case arose, alther
wafer with the magistrates or lay it before her Majesty's
Attorney-Ger eral for • state prosecution ; and, gentlemen,
permit rue to repeat that warning, and to say that, so far
as ray powers may attend, these lotteries shall not be
suffered to exist, and these who institute them shall be
made to feel the full weight of the law. Gentlemea, we
are, as it appears to rne, in • very important
crisis se regards the vice of drinking—the cures
el the nation. I say many whom I have the honour
to edam= have taken part in societies for the purpose of
r and discouraging, as far as their inflame
e= the habit of indulging in intoxicating liquors. '
Gentlemen, when we consult the statistic's which are pi&
lish..i upon the aide of drink we have rearm to believe that
the labours of these societies, joined with the Moors of
those who do their best in other ways to the well-
being of their fellow-wen, have had coandera6le West. At
the same time, we must not fall into the corer el
that because something has been done much moon lees not
remain to do. lam led into this strain of observation by a
great measure, which has no doubt occupied your mind, as
it has that of all thinking men. It has so happened that
the Queen's ministers being under the impreesion—which,
perhaps, I may say, in my humble opinion, is a well founded
impression— that any steps which would go to smith this
country in commerce Those completely with any othereouatry,
and with France, our nearest ueighbour were very much to
be desired, • treaty has been entered into by which it
becomes incumbent on this country to lower the tax on
French wines ; and the ministers, again acting wisely, as I
think, have felt that they could not lower the duty on
French wines without lowering the duties on the wines of
other countries. The consequence then is, or soon will be,
that all wines will be introduced into this country at a re-
duction of duty. Now, it is believed by the able ministers
who have brought forward
this plan that the effect of such
reduction will be a great addition to the consumption of
wines in this country, and that opinion is founded
upon irrefragable principles, because we have
any alziap
found that reduction in the cost of a a
article of consumption increases the purchase of that article
by the people at large, and generally in a ratio exceeding
that of the diminution in the price. But in order that
the revenue shall not be in danger by this indulgence—
in order, that is to say, that the increased consumption
nag supply the diminution of the revenue ocean ed I
by lowering of the duty, it Is further intended to
vigmeart the number of retailers of wine ; and, gentlemen,
An expectation that such sognientation will increase the
esasumption of wine is also founded upon principles and
won facts that cannot be disputed. It ha been found, as
we all know, that in regard to the Post-office the reduction
in the poetege of letters very much increased the correspon-
dem* ef the country. But perhaps von are not so well
emus that low since that redaction of wite,ge the MUltipa.
cation of familiar has etenewitsly increased the number of '
letters. You know that the number of post-offices has been
wonderfully increased ; but I would call your atten-
tion to a metier while may surprise you. Some

• The learned recorder slimier! to a meeting bold on tie
previous evening (Sowlay). whereat the perms effiemmani
ea thenseelves stroogrt but re,t in an err* war
7 essoner. afaisst 'n attempt. moistly ands by
the Watch Comemttoe to maw* suppress Sunday Una%

short time ago the itowelary for the Post-office prop..J.
and the Peelometer.Genaral assented to, the proportion that
the metrojolit should be divided into ten specific districts.
so that Leaden may be said to be cut up into ten part
towns, as distinct as If miles away from each other. The
effect of this change, which gives to each postal district its
own office, is very mach to facilitate the posing of letters
from one district to another, The combined erect of the
lowering of the poets. 20 years ago with this recent mut
mentoion of facilities is the one lam about to mention. It
struck me with astonishment, and it is this—that the me-
tropolitan district, composed of these ten divisions, has as
many letters posted and circulated in its own district as
were sent in all England sod Wales, London in•
chided, at the time of the iwititution of the penny postage.
Gentlemen, I cannot but think that there is good ground
for believing that the proposed changes will produce • very
urge increase in the consumption of wine ; but I am in-
formed, and truly, I believe, that it is not expected that
this consumption of wines will be to the prejudice of the
present consumption of malt liquors ar spirits. Who are,
then, to be the ooceumers of these wises ? Not those who
drink beer, because I think they have too much ; not those
who drink spirits, became they have certainly too much
already ; nor those who are temperate, and at present
addicted to use harmless beverage of water. Are they to
be led to C 00•0•11 WWI, which they did not as 'be-
fore t or are the eommasers of wise now to be lot to la-
mese that cweisemption t I hope not. But, gentleatia,
although the able Walton who bring forward this measure
state that the Ihmacisl object is subordinate to the moral
object, I have my taus that, as it will no doubt in-
crease the consumption of wines, it is not • measure
which will promote sobriety. Gentlemen, lam addressing
you as no partisan. The observations I have node are
foroed upon ma bas a sensed duty. I sit here to try pri-
soners, and watch as well as I can to ascertain what was
the origin of the crime, and in a vest majority of cases I
can see distinctly that it bad its origin in drinking habits.
I could not, therefore, permit thisopportunity to pees with-
out offering such observations. Delighted shall Ibe if they
can receive a satisfactory answer, and that our fears shin
be found to be exaggerated. The learned recorder then
alluded to the introduction of the lighter kind of wines, and
stated nouns to show that, as the duty would be taken off
all wines the stronger kind would increase in emouroption
in greater proportion than the 'tight wines of France. He
trusted that it might not be so i but if the experiment
4. L. trie4 foiled tu a ew.J
it would be an evil dry indeed for tau ..,untry when this
plan was introduced. He apologised to the jury ford.=
them so long, but he was an old man, had eat in
Criminal Justice for forty years, se that his mind bad loan
turned to this subject, that he had seen family after family,
individual after individual, beoorn• • prey to intoxicatk
ruining themselves body end soul, throwing the burden of
maintaining their families on the public--families who had
become the victims of their own or their parents' folly.
They could not wonder that he should in season, and it may
be out of emus, urge upon all within the reach of his voice
the necessity of removing this carve from our land.
The mad jury then retired to their chamber.

MIDDLESEX SESSIONS.

The April quarter sessions commenced yesterday
morning at the Guildhall, Westminster, before Mr.
Bodkin, aasistemi-jedge ; Mr. Payne, deputy ; and the fol-
lowing full Math of megletratee—Mr. H. H. Harwood, the
Baum de Bliss, lr. Sewell, Yr. Dr=hstoa Fletcher,
fiir Charles D. Oneeley, Mr. Parham Mr. Marshall, Mr.
Jentings, Mr. Isaidam, Mr. Swaim, Mr. Baylis, lb.
Bualiforrl, Mr. Hegarth, Mr. Bunlem, Mr. Healey, and
Mr. Yammer.
The slalom* 'astable the names of no fewer than 114
primmer', of whose 99 an committed for felony, and 15 for
misdemeanour.
The Amistant-Jedge delivered the charge to the grand
ur.
King, 16, and Sassed Barites,were convicted
of ‘4"..a...g a card of rings, the property James Peacock,
from • amp in which they were exposed for sale, in front of
• shop in New Orford-street.
Ponlainni, the officer of the Westminster Prison, said
them boys, though so young, had been repeatedjy convicted
—there were en convictions against King and Tour against
Hareem

TrteAasistant-Judge sentenced each of the prisoner, to
two years' hard labour, and said they would be recommended
to Parkhurst.

klae;;;lFarretl, 18, and Dennis Kennedy, 14, were con-
victed of etaling a handkerchief from the person of a gen-
tleman' at Tem* Bar.
Foulaham stated that there were 13 previous con-
victions against Farrell, who, without exception, was the
worst boy they ever had to deal with in Westminster
Priion, end one against Kennedy.
The mother of the Tatter said she had five sons, and none
of them had ever been in prison at all.
Foulsbam said that was a very false assertion, as the boy
Kennedy, end a brother were in the prison at the same
time for atesuipting to pick pockets.
The Amistent.Judge sentenced Farrell to six years' penal
servitude, and Kennedy to three years at the reformatoey
for this county, at Feltham.
William Taylor, 22, was indicted for stealing a cost in
the dwelling-house of William I)awsey Belby. The door
of the house being left open for a moment after
the prosecutor got home, the prisoner walked into the
pimps end put on a coat which Mr. Selby had net takes
of awl 11.....ag tap. W. ...a Teuvriudol.
to leave the front gate, and from a description of him
to a police-constable,loo N, he was apprehend in company
with another, who wee a known thief, while they were
being watched going about from house to house in an out.
lying district trying parlour windows.
The prisoner was found Guilty, and a conviction for high-
way rubbery warput in against him.
The Court sentenced him to three years penal servitude.
CAartea Haulm!, 18, and Frederick Barnes, 73, were
indicted—Hanford for stealing, and the other for felo-
niously receiving, aquantity of beef, the property of Messrs.
Cover, butchers, of Si. James's-street, the employee of the
first-lammed prisoner.
f Mr.ded Coo
Haper appeered for the prosecution ; Mr. Sleigh de.
ennsford.

The meat was taken by Hanidord and concealed in a
cart•houae ; and Barnes, who had been mixed up in the
tranaection, was charged with receiving it with a guilty
knowledge • bat the Jury Acquitted him.
Handed was found Guilty, and sentenced to nine menthe
bard lebour.

Ihaesesirters 26, was indicted for stealing a quantity
of boots and shoes, value 401., the property of John
H hie muter. He pleaded guilty.
Mr. qweared on his behalf.
The prosecutor carried on business as a boot and shoe
maaufacturer, &c., in Tottenham-court-road, and there was
reason to believe that the prisoner, who had been in hie
service between six and seven years, had been plundering
him daring the greater part of that time. 40/. worth of
property was found in his bedroom by the policeman in the
case, Lambert, a E.
The Assistant...fudge said it was a very bad came, and the
court must peas a sentence that would °paste as a warn-
ing to servants that, however long and ruocerefully they
may rob their employers, detection will follow and punish-
ment fall upon them. The sentence upon him was 18
months' hard labour.

A watch which the prisoner purchased some months ego
was given up to the prosecutor by order of the court.
Thomas Mortis, 26, groom, was indicted for fraudulently
obtaining four brushes from Thomas Burman, with intent
to defraud. The prisoner had been a helper in Lord Camp-
bell's stables, Stratheden-house, and after he had left that
service he went and obtained these brushes, representing
that he was still employed at the Lord Chancellor's stables,
and that the brushes were for use there. The prisoner ad-
mitted the offence, but urged that be had done it through
trouble and distress.
The Court said under the circumstances a very lenient
sentence would answer the ends of justice, and sentenced
the prisoner to two months' hard labour.
Frederick Frazer, 27, was indicted for having stolen two
coals, value 31., the property of John Hodges.
Mr. li`Donnell was counsel for the prosecution ; Mr.
Sleigh defended the prisoner.
There were some very curious circumstances in this
case. There was no doubt that on the 26th of November
last two costa were stolen from No. 1, Howley Villas,
Paddington, and that two coats now produced were the
Name. On the Bth of March, the prisoner was taken into
custody with another man on • different charge, and in his
N.rnslon the anon (Sergeant &den, 11 1) who bad hlm
ound these two coats, which he had that very day re-
deemed, and which he pawned the very day they were
stolen, at Mr. Dobree's, in Gilbert-street, Oxford-street. Hs
was therefore charged with having stolen them, and the
defence was, that on the day of the robbery the prisoner
was out with his brother, who is an actor, distributing bills
fora benefit for the latter, when they called at a wardrobe
shop in Devonshire-street, Limon-grove, kept by a Mrs.
Jones, for the purpose of leaving • bill for exhibition in
each of her windows, when • man came in and offered to
sell her the coats, asking 255. for them. Mrs. Jones did not
purchase them, as she could not then spare the money, and
the prisoner, thinking he would catch a bargain, offered to
buy them, and ultimately the stranger agreed to take 21s.
for them, and, being short of money himself, the prisoner
went and pawned them, and by an extraordinary coin-
cidence he redeemed them on the very night he was taken,
antilaawned them on the very day they were stolen.
Jones and the prisoner's brother were examined, and
they deposed to these facts in the main, but they differed
y in their description of the stranger, and by way
of fixing the date, Mrs. Jones said she had brought the
playbills which were left at her shop by the brothers on
that particular day, but she had unfortunately lost them
while she had been in attendance at the court ; but the
brother said he was sure of the date, as his benefit was on
the 29th, and this occurred on the preceding Saturday.
The jury, after some deliberation, found the prisoner
Gwaty.
The police-sergeant then stated, in answer to the spurt,
that he and another officer (White, 310) were induced to
watch the prisoner and another man from observing them
loitering suspiciously about houses in Upper Berkeley-street
and Portmansquare ' • and in Seymour-place the prisoner
was seen to unlace his hoots and go stealthily down
an area, the other man keeping watch. In • few minutes
the prisoner rushed up the steps, he taking one side of the
street and his companion the other, the officers in pursuit.
On the prisoner being taken he said he had only been to see
a gig who lived there, Emily Dorman . • and the sergeant
" Well, you ean easily prove that if it be tnie." The
prisoner said, " Well, take me back." "No ;" mid the
officer,. "you take me back and show me the house," and
the prisoner, having mistaken the right one, went to three
before he came to that where he had paid his visit. The
prisoner said to the butler, "Now, didn't I come here and
ark for Miss Emily Dorman? "Yin," answered the
butler, "you did, but you bad no business here, and no
such person lives here, and never did." On the floor they
found a key with which it seemed the kitchen door had
been opened, and when the butler, to his surprise, found
the prisoner in the kitchen he asked about Mies Emily
Dorman and ran away. The prisoner had been twice in
custody for loitering, and it was believed that he had served
four years' penal servitude, but the officer who had him
then could not be found.

The prisoner, a tall, muscular young man, said Le
could not deny that his character had but latterly
he had got an honest living by sitting, with a brother and
others, to artists. The police do him because they
knew he Lad been in trouble and because baked lived with
a young woman, whom be took away from one of them not
now in the force, who left his own wife to live with her,
and it was he and others that had put these officers on to
him, out of spite and to get him out of the way.
The officer said the woman was a notorious thief.

The Assistant-Judge said if this were true, which it was
impossible to believe, it could not have been in consequence
of any spite of the police th►t the prisoner and his brother
went to an old clothes shop end bought the coats, nor could
it have been from the same reason that he went down the
area. He concurred in the verdict, but should direct in-
quiries to be made ; and if the result of them were such as
he anticipated it would be, the utmost punishment the law
allowed would be inflicted. As to the defence, he should
consider whether the witnesse, should not be prosecuted
for perjnry.
The prisoner said there was no perjury in the case, and
he yea es innocent as any one in court.
Judgment deferred till next sessions.