The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-23 00:00:00

LAW INTELLIGENCfr.

!Wholesome, not sufficiently ventilated, and too confined is space fib'
the accommodation of the number of apprentices taken
other abuses it was stated, that the children were put to sit=
in a bed in small rooms, and that in other napes:tithe*
comftirt was neglected for the sake of pecuniary profits; dna
their situation was truly horrid. and it would be much bbee~~tteerrae
rut the throats of these poor children than subject them tosudtasin.
ployment.
Mr. Widdrington, manager of 31ary•la-bonne wotkhonie, woe
directed, in July list, to make inquiries into the characsur of
W. Bankes, and the nature bf his factory, with a view to I,llo.iw-
ptcoticing some of the parish children ; be accordingly irebt lb tied
faCtory, and t.ing perfectly satisfied with what he sart, tempered
the Pante to the guardians or the poor by whom he h..d bensbeett
arid preparations were made for binding fire parish children, and
appitacion was made to the Magistrates at the Police.officti, for
the purpose of having the indentures signed. Mr. °rigida wet end
of the Magistrates pre .nt, and they eapessed a dettins that the
, binding should be postpOned till the parish apothecary altotild.bave
been to see the factory. Witness reported this to the rtardiar.s
I of the pour, and.they, after mine consultation, determhted tekapply
to their own local Megistrotes at the Court House, to strut doe in.
dentures. This eras accordtngly done, and the H. and Rev. Mr.
Tumour, and the lion. Mr. 'burette, the two magittrates t
at the Court House, were seCordingly applied to, and siadtl the
indentures for the children in question.
-;ked • -

COURT OF KING'S BENCH, Tacattur, AralL n.

LIBEL.
SALMIS V. CLEMENTS.
Mr. nue wry. mated, that this was an action brought bj the
plaintiff, to recover a compensation in damage* for the injury he
had sustained in big character, front the publication of a false,
scandalous. and malicious libel, inserted in the Moods elsrowick
of November the 14th, of which paper the defendant is the ; to.
prietor—chargieg Mr. Ilankes, the plaintiff, who is the proprietor
of a lace-itiaratfactory at Beriondsey, in the county of Slimy,
with cruelty towards the children bound to him by the parish of
Mary.la.bonne, as apprentices to work in his manufactory. The
Learned Counsel stated the ease to the Jury, and proceeded to call
witnesses to prove the facts stated.
A person front the Stamp Office was called, who put In the
affidavit made by the defendant, of his being the proprietor of
the paper.
R. J. Chambers, Magistrate of Union Hall, was called.—This
gentleman appeared to be labouring under the meat extreme degece
of mental and bodily agitation; it was with ditiii ulty he was pre-
served from fainting whilst giving his testimony, during the whole
of Which he was deluged in tears. Witness's testimony was to the
following effect:—

it. J. Chambers, one of the Magistrates of Union Hall, stated,
that on the flith of October last. he accompanied several other
Magistrates to an inspection of Mr. Banker's manufactory. He,
on that occasion, went over the house, the situatlm of which is
very airy ; but be considered the bed.ronms of the children as too
much crowded ; and he stated to Mr. Backer, from time to time,
as he applied for more apprentices, that he should expect a certifi-
cate from the parish officers, of hies having room foe the accommo-
dation of the additional number of children.
Cross-examined-wAlefore any children were bound before him,
he required of Mr. Bankes to be allowed an inspection of the ma.
nufactory ; there was a respectable female who officiated as house-
keeper or matron, Mr. Bankes being a single man; witness never
inspected the manufactory previous to the 27th of Octobera Mr.
Henke', previous to the witness Consenting to bind any children to
hint, promised that provision should be made for the religious and
moral instruction of those infants consigned to his care.
Mr. Bankes, brother to the plaintiff, mangled the manufactory
for his brother. Previous to August they had no apprentices. in
October they had thirty children, ten of whom were bound—five
about to be bound from the parish of Mary-la-bonne, and fifteen
were upon liking. Of these thirty children one was under ten, but
above nine years old t sixteen were turned of toss and the test
older the eldest was fourteen. Previous to the premises being
converted into a manufactory they had been used for the accom-
modation of the children of the Deaf and Dumb Asylum: There
was one male attendant in the manufactory, besides the hitness,
and ten females. The time of labour was, in the summer, from
seven in the morning to eight in the evening; and in winter from
eight to eight. Of this time three quarters of an hour was given to
breakfast, half an hour to tea, and an hour and a half to dinner.
The work was done on a frame with a needle. The work is very
cleanly; if the children arc not clean it greatly injured the stork.
Their food was, for dinner, meat five days, soup two; for break-
fast, bread and butter and tea; for supper, breath and cheese.
There was no limitation of quantity ; the order to the housekeeper
was, that if one child required more titan another she was to have
it. Books were provided for them, consisting of Bibles, Teats-
ments, spelling, and other moral books. They were also taught
writing. They were heard to read daily by the housekeeper, till
after the 27th of October, when a master was provided for their
instruction. On Sundays they went to Church, accoenpsnled by
the housekeeper. Two of the children at a time, in rotation,
took a week in the kitchen, to give them an opportunity of ac-
quiring domestic knos ledge. Time was also allowed to them
for mending their clothes. On the 27th of October there was a
visit of Magistrates at the factory; Mr. Chambers, Mr. Brodrick,
Mr. Griffiths, and Mr. Gaitskill, were with them. They were
conducted over the manufactory; some of them seemed to ex.
press dissatisfaction at a part of the arrangement; this expression
was confined to Mr. Grifliths snd Mr. %Vyatt; die latter said some
of the children appeared young, aid he thought their stools were
too high, and that they bent over their stools more than was con-
ducive to health. There was no necessity for their stooping at all;
whenever they did-so it was from idleness, and witness invariably,
on perceiving them do so, corrected the error. Mr. Wyatt might
have said something about the window, but witness could not res
collect.

[The indentures afterwards serif, A by Mr. Cittsudieleeld Mr.
Ssabey, as Alagiatrates for Surrey, were then put in hoe.l
The Honourable and Reverend Edward Tumour—Went titled
to the manufactory. the first time srai on the 11th of January, too a
Sunday, therefore he did not see the children at work ; they had
just dined, and witness was perfectly satisfied with their appetrz:
once.
The LORD CHIET Jr 01' I CE.—Thill was long after theltfth of
Oct.. to which period the libel alludes.
Mr. ll'iddrington *es called barb. He saw the indentore ewes
euted by the four parish officers, whme namcwwere attached to la
and also by 31r. llankes ; it was executed subsciutilt to the 117th of
Oct., and he believed after the =7th of Nov., as the lodentora wad
ker a considerable time at Union-Han.
The ATTORNEt•GES URAL here took an objection. IR aid
counts of the declaration it wee stated, that previous td the -,
cation of the libel the said children had been bound appren to
ao
the plaintiff, whereas it now appeared, that the Indefinites irerif,,tioi
complete till after the publication of the kbeL
The LORD Colas J usricc —The first count of derlarallklo
of and concerning the said plaintiff in his trade end tab*,
of and concerning the said indenture of apprenticeship;{ the
two counts war. also of and runcerning the said apprentionw
runs thrdugh every count, Whereas it now appeal*, tbsact
'denture of keship existed till after the 27th Of ,
bebly till after the 11th of Nor.
Mr. CA st rmam. submitted that this objection Was lontfli
baksmuch as the libel itself asserted that " these apprentkah
been taken before other Magistrates, and bound in due I
law." Here, therefore. *us the declaration of the defendant h
self, that they had been bound in due tamof law, and that *
the plaintiff now set forth in his declaration, and this illegandp
binding was fully proved by the allegation of the defendant
In ibe libel. .. .
Mr. OttawEr, on the same side, contended that the defestlaties
declaration was a full answer O. the objection now urged by hitt
Learned Counsel, the Attorney-General.
31r. CHIT l'T followed on the same side.
The ATTORNEY-GENERAL contended that the plaintiff hail
set forth that all the libel was untrue, and he also stated this Mies
gation of bindinf as part of the libel 1 and, thnefore, they meld
not noir turn round on their own proof and say that particular pont
was true.
The Loan Cutts JreTicx was inclined to Lo?d the object
tion fatal. His Lordship, however, as te understood, suggested
that the better course to be pursued here, in jurtiee to the &hie
tiff, after the proof of to-day, would be to withdrawci*. oh • . tar .
The ATTORNEY-GENERAL, on the prart of the defendant,
new ready to say, that at present this factory was carried oa with
as great a regard as possible to the comfort and health of the Nita,'
dren employed in it. After the testimony of the magistrates oho
had been examined to-day, it would be folly to attempt to deny dee
fact. This admission of the present state of the factory his elide*
was ready to make to the fullest extent, and ' lie trust*
would be sufficient to put an end to farther Rtwwaifep on the
subject.
Mr. Gun NET said the only object trith the plaindflimi
justification of his character, that had been fully
...
this r, and therefore he wits now readylasawasoat th

.—Witness is not a

he has a fixed salary

I partner
from his brother; believes Mr. Chambers said the place was not
sufficiently ventilated ; believes Mr. Chambers complained of the
children sleeping three in a bed ; no copy of Sir R. Peel'a Act was
hung up in the manufactory. as they did not consider they came
under the provisions of that Act; the manufacture was principally
cotton, though a great deal of thread was used; can't aay WON.
half, one-quarter, or one-tenth of the material used was thread.
The frames were not all horizontal on the 27th of October; is tur.
taro three, if not four, were sloping. The children read after tie*
o'clock in the evening. Previous to the 27th of Oct. there was no
school-room, but bad been since; the klagistrates said nothing
about a schoolroom. Five of the fifteen upon liking were from the
parish of St. George-in.the. East ; one was not in health; they
were all sent back by order of Mr. Wyatt; did mot perceive that
any of the Ave vana dl when they west sway: A few alterations as
white-washing - - •

ms inquiry,
draw apiece.
A juror was accordingly withdrawn, and no terditit tithed. 1 •
BROKERS.
CLAnxE (C AAAAA ILAIA TUX Cllrf OT LOWD011)11.
This war an action brought by the Chamberlain of thital4
London, to recover from the defendant the realty of ono
pounds, for nercising the busiocm of s ship-Wiliest iiiteteely tht
several Acts of Padiament, and she Acts of the Cowmen
which replete the office garerally el
of brokers. Tim pimaklt
this case is founded on the Act 57th Geo. 111. c. SO.
The AT Tollfglr-GENZZAL briefly staled the are, and enliol
the following witnesses.
John South, examined by the COMMOX Sanstxxst.a4 IS al
matchant. I knew the ship Dort, and had mealy convemeslase
with Messes. Capp and King, bw any trimmertml isr busimail
• Havelock.

to and painting. ;ad a new Window, had been epode,
as suggested by Mr. ambers; a new school-room had been set
apart, and the children were instructed in the hours of labour ; the
window had been ordered previous to the 27th Oct., though not
made at that time. The manufactory was now going un well. Wit.
was saw the alleged libel about two days after ill publication t
could not recollect his brother having told him that he had sees it
before in another paper, but would not swear he had not.
The Loan Cutar J icL--You must put it to him, was it
woj for ward?
The ATTORNEY-GENERAL proceeded to read the paragraph.
The Loan ' me I •-

with me. This was with Captain Ira
England. I got the waiter of tie ably, lint eat man I'o/ a
considerable sum to Capp and Klag. I sold tla• meal dilimaraulha
The register was given to me by my attoromor minivaak
from Capp and Kiag, as I believe. The earl Meant WM.
was given me either by Capp ar King. lay drew/ma
now produced were before me whew I IMAM siewswiltho
Ming. Capp came ohm t• gm!, le sok* Wirt aimpsiwa. fp;
*hide 1 &snood, watt! the register was pat into lay hada. .
Miaowed liarfairde assighroll try Mr. #qp., kass.....kamtha.aaa
tome, foe hunch relative to the alio /PPM GO lille
. . . . . .

- - CYLEF jurrica—Thin is tbeirst time I ever
heard such an attempt as this to prove a previous publication. It
such exists, you may prove it in the usual way; but, suppose there
were fifty previous publications, that would not alter the present
CAM
Examination remuned—lify brother did not produce a newspaper
the words have read. '%fter

is ogees lisitAatiiiii Um scorants me mei 1 ass 101111:.
initialsot Mr. Mugu
Mr. BCAMILITT submitted that Ohms Was ao prestarCiftirm
lot Acted as a booker. , , . . •
The ATIFORSICT.GENE 1112•1014 •t islosig
of King ; and I submit As is
Lor • r

to me containing you the public:atilt'
appeared in the Chroeick the business of the factory was greatly
interrupted by persona coming to see the children.
Mrs. Elizabeth Dowling was housekeeper to this establishment ;
went in August ; the children were well fed and attended to ; their
food was wholesome, and in quantity unlimited; their hands and
faces washed two or three times a day, and twice in the week, at
least, they underwent thorough ablution. Witness, previous to
there being a regular schoolmaster provided, used to he..r them
read the Scriptures, and expound t•teni to the best of her ability;
they went to church twice on Sundays ; the house has a large sa-
lvo attached to it, in which the childre: are allowed to recreate;
they have, in short, every thing which is useful, condonable, and
instructive.
Cross-examined by Mr. SCAR LETT—Ilas an arduous task of it,
but does not lose her temper ; is fond of children • attends to these
children as she did to her own family; serves them at breakfast;
the breakfast hour is eight o'clock ; there ere at present 55 chit.
dren ; expounds the Scripture, that is, explains it to them when
she reads it in the evening after working hours ; could not say that
cusp one read every evening, but all stood round and heard what
was read ; did not teach them to read pow, as there was a school.
master; has had a schoolmaster for the last six weeks • believes
the business is difficult to learn, but does not herself understand it,
and can only speak as to what she has been told; was never tin
times in the workroom: ; did not consider sleeping three in a bed
as injurious, and that opinion was founded on the general good
health of the children ; their hour of going to bed was nine o'clock.
Hanks was recallest—lt required two, three, and four years
se Ism the business.
tilarkh Andell was one of the teachers in the factory ; there were
*Own besides the witness; witness's department was the tue-
lla* we& Witness corroborated the statement of the former wit.
snares, as to the treatment which the children received.
World Gaitskill, a Magistrate for the county of Surrey, stated,
that in August last he, at the instance of the parish officers of Der.
mondsey,went to Mr. Ban kes's factory to inspect it; he was warm.
panled by 31r. Nonage, a brother Magistrate; they went without
giving Mr. Buskin any previous notice; the thing to which he
most objected was the mode in which the children sat stooping
over their frames, and Mr. Ranks said that objection could be
easily obviated by making the frames to slope. Witness went with

fbOLORD CHIEF JUST/Rif..•=7/ Floc of any Ai
seraldp as bankers ; they might he,. henntrem mom ethos
moors of business. I take it, ans, the using 69 SEW
nos in some business. Bur hire is erim eherje, and bettems
that be Meal the proof of pinpoint roust be
Mr. Maunder Cope, eimained by Mr. Tswar.t.
Capp and King t I know sot what they are noway; Oar ants
say they an Custom-tone agents.
Air tic objected to offering a copy Of this mil In Girt
deuce.
Examination continued.—l applied to Capp and K.fire tie
necessary papas to transfer the Dan to Captain flark.. 4
was pot owner of the Dan. I got the papers at the rancor 4100
and King, having previously called for them several amen. -I nib
dressed myself exclusively to NI!. King ; Mr. Capp might sew.
times have been present. The ship was afterwards rid to Capella
Havelock. The final payment was mode no to. in ham ems
not in the Ales of Capp and King. •
Cram-siamined by Mr. SCARLETT.—I sold the skip as aglow
lock without the knowledge of Capp and King, who knee mai.
of him until introduced by ate saver the safe.
John Nicholls, examined by the ATTerairEt-(rimsishoe4
am a broker, and know Mr. Cupp. Their besieges
transacted under the firm of Capp and Kiagt I bare sem iheisahi
lathe to the chertering.of a vessel.
Crossomiroised—Nl as that Havelock's ? Na. •
Mr. Se.thcarr—Havektek's is the eft used Ibilltbalil
the deckwation.
The LORD CHIE? JCITICE.—Oin yolk firm k ay fertlip,
Mr. Warne was called to swear to tblll i11N144.110,111, *MR*
counts; but Laving only seen Mr. Capp omen odes, he eon en
steak 41‘0.7.
TheP• plautum was nonsuited.
POVAIE LOAN.
°avowa vesaraoa v. Lots&
This was an action for money hod and reesivith he the Vet Ist
pleintie, end resulted from the less ONINIFEIRMI f Popish
TlreCoinion Sinormyr mod the USN Rad siverimilillime
Mr. Lowe had received at SO,ONL, fw The
me
M'Oregar would be mewed* timber whim Thee
to try in thiscase was, if Mr. Lowe bed received Let
.
was

.ing the
the other Magistrates in October ; the minutest inquiry was Lade
into the state of the house, the hours of work, sad the manner of
feuding the children. Witness particularly objected to the children
sleeping three in a bed, saying, it was what he would never permit
oven in his parish workhouse. Mr. Banks ewma the utmost
willingness that the house should be inspected • and said, if the
Magistrates would suggest any improvement, be would most readily
attend tip their suggestions.
Cross-examin-Does not recollect Mr. Bunko objecting to the
magistrates' right to visit ; but several of the magistrates were
there before hint. The children appeared to be nine or ton years
of age, and healthy in their looks ; there were none who had the
appearance of being under nine years of age ; after the inspection
the magistrates did recommend to Mr. Bankea some relaxat.on in
the hours of labour ; this opinion was expressed with a warm feel-
ing, but without harshness ; a paper was drawn op and signed by
the magistrates present, recommending certain alterations ; and
stating further, that they would not recommend any inure children
to be bound till these alterations were made. The children ap-
peared comfortable, healthy, well taken care of, and clean in their
persons.
Mr. Nnttage corroborated the testimony of Mr. Gaitskill, as to
what passed on their visit to the factory in August.
Mrs. , one of the stlperintending work women in the ma.
Wright: .
Sarah '

__,
use Of the iiislatiff, and if he had, he woe dem* , _,....,...
Mr. Mill, examined by Mr. Pot.t.oct.—f sm. ifig
in November, in 2, I received strip certificates flielloilie
He statedber,
that it was an instalment ef IS per dell •
which amounted to M 1,04111. I signed the papers,
sr
widrilir
them back to the defendant. An *mount te
Perrices by the request of Mr. Lowe, wba rj had
couversutioms on that subject. Mabee woo pealilp.ol Vat% ibil
again paid Mee the bank. I know of ilea*. milloi Teri& • '
The CHIMP JOSTSCE.—Whess is elm tiossef Perak P Teo.
duce the Prime Minister, unless you can proms asomilmume a
the State of Peyais. If people lend themselves sea babe* rho
public must be protected against them. And no penmen rabbis um-
ney for a nee-existing State, can maintain an aches in any Court, (
be sued for any money so obtained.
Wm. John Richardson, eitaininedby the Co SiSION.SILIGEAMT%
—I know Peyala, and that a settlement was established then:
1:-.23. I never was at Povais myself.
The LoaD CHIET JusT ica.—'lltare must be an exist* elate
for whose use she money was raised.
Plaintiff nonsuited.
SELLING PLACES.
THE NtNe v. TAGGART AND DASEONNE.
This NM an indictment against the d2findante, for harks,
- from HI -- - Bennett, for the , —,.se of 1..."

, mating takes
nuhctery, corroborated the testimony of Andell—the chil- a sum of money aenry .e purpose of proemrint
then were wee taken we of, and quite equal to the work to which for a person of the name of & nnett the appointment of a Cadet
they were put. the East India Company's service.
Mr. Hatt—Wm pretent at the visit of the magistrates on the 27th The ATTORNEY•OE N KRAL said the this are occurred inn"
of October ; it woo then represented that the factory did not come and the defendant Taggart resided at Chislehurst. In April, BIM,
under the provisions of Sir R. Peel's Act, but witness said that an election took place for Az Directors, Mr. ISOM being one edema.
was dm coasequenuots the maelstroms bad a right to visit on be. Mr. Taggart, on a Proprietor, wrote to Mr. Hebb, stating au to
half alb. parochial children. hail given him his interest. Mr. Hebb, however, knowing nothlue
Mr. 0 u 'NEI' said, a question had been put as to the size and of the defendant, merely returned a polite answer to the umasooff-
appearance of the children; he had them all here and would exhibit cation. This was the foutsdation of all the ulterior poomasilaelles
them to his Lordship and the Jury. In August following, Mr. Taggart wrote to Mr. Hebb in fame or
The children were accordingly iotroduced into Court. They cx- a person of the name of Pritchard, whom he stated to be his god-
Whited a cleattand healthy apeearance, aml oruntenaeces and spirits son. but who, in fact, was 110 relatiuti to him. Soar after, bipw-
meat all depressed by ill. treatment. ever. Mr. Bubb procured an appointment, which he Abed es &Iv-
The libel was put in and read ; it imputed to the plaintiW that Taggart. but in the inserhn Mr. Pritchard died. So far these ONO
Oho children employed in the plaintiff's factory (upwards of thirty an end to that appointment. A Mr. Bennett was next intractable&
Li number) were mast of them under nine years of site ; that they to Mr. Taggart, and he consequence of whit_ passed betimes M.
were over-worked ; that the description of work to • :iich they wets and the of Mr. Bassett, Mr. Bebb agreed 1-1211.
put wu injurious to their health ; that they were kept to hard la- situation to Bennett t and Renaett soon after went to
hoer, stooping over a frame, in a most unhealthy position, for the person of the same of Morgue received the sum atilt to be Owen
epee of twelve hours in the day ; that they were ill-fed, rind their to Tamps; but be failed, and an attorney was loyederizt
persons neglected, and no care whatever taken of their religious and , him fur that sem. It &Naomi is fess teat • Woos
wawa instructive ; that the manufactory was in itself close and us- 'of Dennettoo se sill of his lemma weld shut, and it woad Mitt