The National Register.
London, England, 1820-07-02 00:00:00

COURT OF EXCISE, JuNs 24.

IMPORTANT DECISION TO LEATHER FACTORS AND our IRS
Mr. Mille' Plater, an extensive leather-dresser and
seller, residing at Na. 237, Bermondsey Sire, t, was
ch.trued wi.h hating in h s ptlssessiuu 548 dressed slyer!,
skins without stamps upon thciii, against the regoir Innis
of the Act of the 47th of Grow M. whereby he had
incurred a heavy penally for every skin su found in It's

possessiou.
This was a question as to the liability of a miner
class ol traiksincii to the uperatiou of au Act of Parlia-
ment that authorises °dicers of the Excise to search the
premises of certain branches of the. leather trade, 31111
setae skins found without stamps. The dectf ion 1111011
this case wes awaited with great anxiety by that oppu-
lent class.
Samuel Kidd, a Surveyor of the Excise, stated, that he
went to the warehouse of Mr. Plater, in company with
brother officer, to search the premises for unswayed
skies, Mr. Platter was for some tune in doubt as to the
right of the Excise to search his premises. Under the
production of the warrant, however, he allowed them
to proceed. They were occupied during the whole
day in examining his stock, winch consisted of nearly ,
12,000 skins, out of which they seized 548, with no
stamp to denote that the duty had beets paid upon them.
Cross-examined by Mr. Wilde, the Counsel for the
defendant. There were 42 skins of the •48 on which
he was in doubt whether they hail not been stamped.—
The stamps might sometimes be effaced by the operation
of dressing, which was performed by the defendant.—
There were nearly 3000 undressed skins, amongst which
they only found iour without stamps.
Mr. Wilde addressed the Commissioners at consider-
able length and with great ability on behalf of the defen-
dant, and afterwards called,
James Radmau, a journeyman in the employ of Mr.
Platter, described the operation of dressing the leather.
The skin, in one part of the process, was stretched with
great violence over a scraper, and in this operation it was
impossible to avoid tearing off the stamp which was
affixed to the unsound parts of the skin. The best
worbmen could not avoid it. The witness produced a
bag full of fragments with the duty stamp on, which had
been torn oft from the skins unavoidably, and which
were, no doubt, belonging to a portion of the skins seized.
They had, since the excise had taken this course, tied
the stamps, which were accidentally torn off, to the
skins to save them front seizure.

_
---------
Mr. Lavell, who had been a leather•seller for 30 years,
corroborated the testimony of the last witness.
A gendeman proved the circumstance of a stamp
having been obliterated from a skin whilst being exa-
mined by the sutveyor.
S. Ellis a servant of the defendant, was called to prove
that Mr. Plater bought his goods of the leather-cutter
factors.

Mr. P. Duncan, Mr. D. Bligh, Mr. 'l'. Shipton, stud
Mr. G. Stevens, respectable leatiter.factors, were called
to prove that they supplied the defendant with leather
in the fair and regular way of trade. The skit's mostly
came from Scothittl, and went under the survey of an
Excise-ollicer before they arrived into the hands of the
leather-seller.
_ _

Mr. Shepherd on the part of the information, said,
that the words of the Act of Parliament were peremp-
tory; they were—" That no person excel): 3 tanner,
Laver, or dresser of leather in oil, should he allowed to
have any skins in their possession which were not duly
stamped, on pain of forfeiture and certain penalties. If'
the clause did not apply to the present case to what case
did it apply ?—The skins were protected on the premises
of the tanner, and those under the immediate survey of
the Excise. It did apply to somebody, but the clause
could not operate against the retail dealer; and he con-
tended, that to protect the retail dealer, such men as the
defendant ought to be convicted, as it was their business
to take care that the stamp was not erased. The Learned
Counsel concluded by coultnenting at great length on
the testimony adduced.
The Court, after some consideration, gave judgment
against the defendant, and condemned the sktns, with
the exception of the tin which were doubtful ; but they
mitigated the penalties to the sum of They said,
that if it had been proved that the obliteration of the
skins was a mere matter of accident, and not of care-
lessness, the court would only have condemned the
skins, and have forborne to inflict any penalty. Tim
healing of this case occupied the cowl, which sues
crowded by petsons interested in the question,- sum
hours.

.. . .
SHERIFFS COURT, Had LiooSqwtre
—4l.
CAPT. PELLRW, R. N. V. —•—TENANT, 55Q.
Mr. Bailey opened the pleadings in this case. The
declaration charged, that the defendant had seduced the
wife of the plaintiff. The defendant had suffered judg-
ment to go by default, and the jury were now impau-
nel led to assess the amount of damages to which the
plaintiff was entitled.
Mr. Gazelee stated the circumstances under which•
this action had been brought, and proceeded to call wit-
nesses.
Mr. Richard Cotter.—" I am a purser in the, lary.—
I know Mr. and Mrs. Pellew. I was in England when
they returned from India, in 1809. I went in them at
Plymouth, where I was introduced to Mrs. Pellew: I
visited them repeatedly at Lord Exmouth's house, where
they resided. I had oppor ttttt ittes of seeing them toge-
ther repeateally. I continued my acquaintance till 1816,
when they went abroad, I thought they lived together
most happily. Cum. Pellew was a most indulgent
' husband. 'I hey have three children. The youngest is
about four years of age—a daughter. In consequence of
some man tttttt ate reports, 1 stem to Ireland in December
last; I saw Mrs. Pellew there. She was in the officer's
apartment at Whiddy Island, near Bantry Bay ;she was
at Mr. Tenant's apartments. Mr. T. is a Lieutenant in
toe 35th regiment. He is about 30 years of age ; Mrs.
Petit w is maim 28 • Cain Knew is about 32 or 33.—1.
remained in Ireland till last May. Mrs. Pellrw, when
I saw her, was far advanced in pregnancy. I procured
a ulnae ha her, whom she afterwaids declined having.
She WMIIIIOIIOII to bed about the beginning of February.
Ido not think Capt. Pellew had been in Ireland. If
he had I believe I should have known it. Capt. Pellew
was Captain of the Impregnate, at Plymouth, and lie
reulaitied Mere Mr lii tan two years, when he attended
isi• ParlialllClllary dates.
Crii.exantinett by Mr Selwyn.—l first heard of dif-
ferences between Cain. P, Ilew and hi. Lady last March
RN o )(Ars. Ihe sof trona Capt. Pellew of their separa-
Will al t.. hs hark. lie told me that in conic-
(metier of iter ill itsnper they had separated. I did riot
tsar trout (.aunt. Pellew that there was a formal separa-
tion in writing. it was Mrs. Pellew told me that. I
never saw the defendant at Mr. leliew's in England. I
never saw him till I sew him in Ireland..
Elansined by Mr. Biarchall.—Captain Pellew did
not say to me on which side the desire of separation
arose.
137.8 •atiie was then called, but did not answer; and
the case fur the plaintiff was closed.
NI r. Birchall, in summing up the evidence, observed,
that it had been justly stated, that the true principle
upon which damages were given in such cases as these,
was the degree of comfort or happiness of which the
plaintiff had been deptiyed. lit this instance a volun-
tary separation hail taken place between the parties.
berme the defendant, for any thing that had appeared in
I evidence, was even known to them. Here were none of
those topics which were usually urged in aggravation of
a defendant's conduct. There was no breach of friend-
ship—no arts to seduce—none of those acts, in fact,
which were calculated to excite a strung prejudice
against the offender. It was the province of the Jury to
take these facts into consideration, and to give that ver-
dict which their own sense of justice might dictate.
The Jury, after a short consideration, assessed the
dansaikes to 2501.

SWMMER ASSIZS, 1820.
HOME CIRCUIT.
Before Lad Chief Justice Abbott and Mr. Baron Wood.
Hertferdshire--Tueulay. July IL at Hertford.
Rues—Monday, July 17, at Chelmsford.
Kent—Monday, July 24. at Maidstone.
Sussex—Thursday, August 3, at l.ewes.
Surrey—Monday. August 7, at Guildford.
WESTERN CIRCUIT.
Before Mr. BATOR Graham and Mr. Justice Burmugh.
Southampton—Monday. 17th July, at the Castle of Winchetter.
Wilts—Saturday. 22d Jul. at NOW Sarum.
P on
et—Thursday. 27th July, at Dorchester.
Devon—Monday.3lst July. at the Castle of Exeter.
City and County of Exeter—Same day, at the Guildhall of the
City of Exeter.
Cornwall—Monday. 7th August, at Bodmin.
Somerset. Saturday. 12th August. at the City of Wells.
City and County of Bristol—Saturday. 19th August, at the
Guildhall of the City. of Bristol.
MIDLAND CIRCUIT.
Before Chief Baron Richards and Mr. Baron Garrow.
Northamptonshire—Tuesday, July 11, at Northampton.
Utetlandshire—Friday. July 14, at Oakenhant.
City of Lincoln—Saturday. July 15. at the City of Lincoln.
Lincolnshire—Same day. at the Castle of Lincoln.
Town of Nouingharn—Thursday, July 20, at the Town of N t •
tingham.
Nottingham—Same day, at Nottingham.
Derbyiltire—Saturday, July 22, at Derby.
Borough of Leicester—Wednesday. July 96, at the Borough of
I .eicester.
Leicestershire—Same day. at the Castle of Leicester.
Coventry—Saturday, July 29, at the City of Coventry.
Warwickshire—Same der, at Warwick.
NORFOLK CIRCUIT.
Before Chief Justice Dallas and Mr. Justice Holroyd,
Buckinghamshire—Monday, July to. at Buckingham.
Bodtimlshire—Thuraday, July 13, at Bedford.
Huntingdoashire--Saturday, July 13, at Huntingdon.
Cambridgeshire—Monday. July 17, at Cambridge.
Suffulkl'hunday, July 90, at Bury St. Edmunds.
Norfolk—Monday, July 24. at the Castle of Norwich.
City of Norwich—Same day, at the Guildhall of the said City.
NORTHERN CIRCUIT.

Before Mr. Justice llaily and Mr. Justice Park.
City of York and County of the same City—Seourday, July 15, at
the Guildhall of the Mid City.
Yorkshire—The sane day, at the Castle of York.
Durham—Monday. July 51, at the Castle of Durham.
Town of Newcastie-upoa.Tyne, and Canty of the male T0w...-
Saturday, August 5, at the Guildhall of the seine Town.
N orthumberlaud—The sawc day, at the Castle of Newcastle-
. upon Tyne.
Cumberland—Saturday, August 12, at the City of Carlisle.
Westatorlead—.6aturday. August 13, at Appleby. •
Laueashira-Wednectlays A.gust 41,, at as ComAlsoot Losonstx
• -

....~~