The Express.
London, England, 1866-11-02 00:00:00

THE POLICE COURTS.

lINSION-HOUSE.
Mr. Edgar Brooks, trading under the firm of Brooks and
Son, gun manufacturers of Birmingham, appeared to
answer a summons charging him with an infraction of the
provisions of the Gun Barrel l'roof Act of 1855, under the
circumstances disclosed in the course of the proceedings.
Mr. George Lewis, of Ely-place, instructed by Mr. W. S.
Allen, law clerk to the Birmingham Proof-house Comprzy,
appeared for the prosecution ; and Mr. Vallancey Lewis,
of Great James-street, attended on the part of the

defendant.
The case occupied the attention of the court for a con-
siderable time, but the facts may be gathered from the

opening stateMent of
Mr. George Lewis, who informed the alderman that
the summons was issued originally under the Stith section
of the Gun Barrel Proof Act of PCsii, which provided
" that small anus should not be sold, or exhibited, or
exposed for sale, or kept for sale, or exported, unless the
barrel or ho -eels had been duly proved at the proof-house of
the Gunniakers' Company, ortheltirmiugham Proof-house,
or some other public proof house, established by law, and duly
marked as proved." By another section a penalty was im-
posed of 201. per barrel for any infraction of the previous
enactment. But under the statute known as "Jervis 's Act"
the summons must he issued and the penalties enforced
within six months after the commission of the offence.
Now in this case, as the offence had been committed so
long ago as Novemb-r, Bei-1, the penalties were not sought,
but it was asked that the defendant should be committed
for the offence under the common law, which he (Mr.
Lewis) did not doubt the chief clerk (Mr. like) would
inform the alderman could be done. With respect to the
facts of the case he did not think there could be any dis-
pute. It would appear that the defendant was a gun
manufacturer in rather an extensive way in Birmingham,
and in November, 1544, he called upon a Mr. Rudolph
Louis Ginuil, a merchant in London, and offered hint a
parcel of guns for sale. After an interview a long corre-
spondence ensued between (tinny' and the defendant,which
eventuated in the sale of 700 muskets and bayonets to a
Mr. Charles Bryson, a wine-merchant, in Cooper's-row,
Tower-hill, the defendant undertaking to receive
in payment for the fire-arms a quantity of brandies,
Giraud making a profit out of the transaction.
The goods were forwarded to the Camden road
station of the London and North Western Railway,
and were delivered to Bryson in three distinct parcels,
Giraud and the defendant being present on each occasion.
The muskets had been found not to bear the mark re-
quired by law, and in consequence Bryson had been sum-
moned in this court on the 14th September last, when it
having transpired that be had been simply a purchaser,
that summons had been adjourned to give time to find the
maker, the real offender. This had been done, and the
defendant was now here to answer the charge.
Mr. Giraud was then sworn and examined, and proved
that after the contract with the defendant had been com-
pleted in November, 1)40-1, the first delivery of the goods,
consisting of 12 cases containing 240 muskets and bayonets,
and charged 10$!., was made to Mr. Bryson at the Cam-
den station on the 17th of April, Pelri. The second deli-
very, consisting of 21',0 muskets and bayonets, charged
1071., took place at the some place on the )4th May,
and the last delivery also was made at the station on the
17th May, and consisted of 200 muskets, charged at 1001.
This made ill all 700 muskets. Mr. Bryson on one occa-
sion of a delivery complained that the butt ends of some of
the muskets were chipped, and the defendant said lie
would be at the expense of taking them back to Birming-
ham and making all right, so that no objection could be
made to them.
Mr. Charles Bryson gave similar testimony, and added
that the pm-chase had been a bail speculation, as lie had
all the muskets with the exception of 20 still remaining on
his hands. The twenty he hail sold to a person named
Marks. Those twenty gums had been produced on the
summons against him in this court in September last.
Those guns had been pronounced not to bear the proof
marks required by law.
Mr. Henry Thomas Portlock was then called and proved
that he was asssiatant proof master at the Birmingham
Proof-house, and that in August last he had examined
the twenty guns alluded to, and that none of them bore
the proof mark. He hail since been shown by Mr. Bry-
son the remainder which were still in that gentleman's
possession, and had examined 100 of them, none of which
were marked as required by law.
In his crew-examination, Mr. Portlock said he knew the
marks for firearms which had been registered in this coun-
try. They were the London Proof-house, the Birmingham
Proof-house, the Tower, and the Belgian. Those were all,
and the muskets he had examined bore the mark* of none
of those four. The only marks upon them were the ordi-
nary marks of the workmen who had been employed in the
manufacture of the articles.
Mr. Vallanesy Lewis contended that there was no
ground for a command—first, becamte there had been no
offence at common law established, and, secondly. because
the prosecution had failed to proceed in time within the
statute. lie further urged that the whole case rested upon
the testimony of witnesses who could not be regarded
otherwise than as informers.
Mr. Alderman Lusk, after conferring with the chief
clerk, expressed his determination to commit the de-
fendant for the common law offence.
Mr. Vallanny Lewis said that being the determination
of the court he should not call any evidence, and should
reserve the defence.
The defendant was then fully committed for trial at the
next sessions in the Central Criminal Court, and admitted
to bail in his own recognizance for 200/., and one surety
in 2001. The proceedings then terminated.
the

THE NEw CHIEF CLERK IN CHANCERY.—Mr.
Church, of the firm of Church and Sons, solicitors, has
been appointed chief clerk of the Court of Chancery, and
will be attached to Vice-Chancellor Stuart's Court.
MURDER BY A SAILOR IN LlVERPOOL.—Yester-
day the Liverpool Deputy Coroner, Mr. Dercy, held an
adjourned inquest upon the body of a coloured seaman
named Montgomery, who was fatally stabbed by another
sailor (Morgan) after a public-house altercation on
Tuesday night. Morgan was committed for murder.
THE LATE CAME OF WRECKING AT DEAL.—Con-
siderable interest was crested at the Wingham petty sea-
sions yesterday (Thursday) by the examination of a marine
storedealer of Deal, named Thomas Feeder, charged with
offering for sale goods unlawfully taken from the wreck of
the ship North, which was wrecked on the Goodwin Sands
on the 30th of August. It will be remembered that
Thomas Foster was tried and acquitted at the last East
rent sessionson the charge of stealing the wrecked goods and
with receiving them knowing them to have been stolen.
The present charge really involved the same alleged offence.
The magistrates, after taking the evidence, without hear-
t ing Mr. Francis for the defence, dismissed the case, on the
ground that there was not sufficient identification of the
property delivered at Mr. Phipps's paper-million the Ist of
October. The second and third charges were not gone
into, but Mr. Barrow asked for a case for the Queen's
Bench, which was granted.
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