The Sun.
London, England, 1853-04-28 00:00:00

GALE IN THE DOWNS. --FATAL SHIPW.REOKS.

RAMSGATE, APRIL 27.—During the last forty-eight
hours a succestion of gales from the no) th-west have
bees blowing in this vicinity of coast, occasioning a
serious loss of life and property. On the much dreaded
Goodwin Sands two fatal losses occurred. Other wrecks
took place
in. the neighbourhood of the Doyweonsnst,pebrwdohaairylde
' several large homeward bounders, some Indiamen, had
a narrow escape, having lost their anchors and cables,'
and left to the mercy, as it were, for the time, of the
elements. While the gale was at its height, about one
o'clock yesterday morning, rockets were fired, as if from
a vessel which had got on the Goodwin, and at daybreak
the remains of a large vessel, apparently, were disco-
vered on the sands. Nothing could be learned of the
crew ; and from the tempestuous character of the night,
and the chances of escaping from a wreck on that for-
midable shoal, with the sea breaking over her, there is
little' donut as to the fate of the crew. Another fatal
catastrophe took place on the Goodwin early this morn-
ing. ,Between 1 and 2 o'clock, the brig Harriet, of
Hartlepool, was carried on to the sand, and, melancholy
to relate, every soul belonging to her perished, the vessel
fast settling down and dilappearing, Onethe adjacent
Long Sand a third fatal shipwreckehappen d during
surfte
ccoaurtliroahnacnentofbotlulendgatleo.
the
Swedish bfraermqueD, nanamtzedic
atnhae
loetrl ineenebnu,rgwhh,
etroeo took
hthe
remainedshoal
httehoe,
took
coursekootorbumping,
he: fellows
nt. g gi n g ,
breaking over her, despite the most spirited exertions of
the crew to get her off. Herefee_srtiovtteil
bloyssthtehesnhiapp eared
would havealld
frerom Newcastle. As it
eatures
wcpdb eoeaa inevitable,icursai:simhst f
iloeeeeud,s trslmbpe
uaaormltn.ol drosfstoftttlerhloleerlobepwyueoi,nans trying.
fi
gwmot iroeatpnrusTeet
master,
rs 0
Wned, the remainder City of
f
captam and
the crew, including the
served by the City ofmates, being pre-
wreck. .Carlisle, which took them off the

A serious loss happened near or on the Kentish
Knock, the foundering of a London and Antwerp
trader, called the James and Emma. It appears that
in shaping a course for the entrance of the Thames, the
violent state of the weather much trying her, she caught
the Knock and sustained much injury. Hewever, the
crew managed to get her off, only, however, to find that
she had made an extensive leakage, aka wag fast filling.
No time was lost in preparing the boat for the escape of
those on board, and they just had time to leave her,
when she foundered. They were aftewards picked up
and landed near Margate.
The accounts from the eastern coast also describe the
gale to have been severely felt in that district.
YarmouthSeveral Roads,wrecks butocc wereurred happily between_
free O;f7fromrdnse. g
loss
ofand
life.

ADULTERATION OF TORADCo.—Yesterday a return was
published by order of the , House of. Commons of the
several seizures made, and of the prosecutions for breach
of the laws relating to tobacco; between the sth Japuarr,
1850, and the sth January, 1852. The list sths
names of 87 offenders, and in 70 "of-the cepag.the. Je
seized as "tobacco" wore condeiAnecLii -

LONDON, THURSDAY, APRIL 28, 1853.

The crisis has at length arrived. On the de-
cision now arrived at will depend the fiscal policy
of the country for perhaps many successive
generations. It will be determined whether
the gross and palpable injustice, under which
the country has groaned for eleven years, is to
be perpetuated ; for whatever Mr. GLADSTONE
may say as to the possible termination of
the tax in 1860, we believe that there is
no reasonable prospect of such a result.
—a result which, if carried into execution, would
operate as a prohibition against the further exten-
sion of the Free-trade policy, which has proved
so eminently beneficial to the country, and to
which the popular branch of the Legislature is
solemnly pledged by a resolution, adopted as a
compromise between the leaders of the principal
parties in the House, and sanctioned by a decisive
and overwhelming majority, one of the largest
ever recorded on an abstract question.
If Mr. GLADSTONE be sincere iu the intention
of abandoning the principal item of direct tax-
ation, he must throw overboard the resolution of
which he was one of the most strenuous support-
ers. We should be sorry to cast any doubt on
the honour and integrity of the Right Hon. Gen-
tleman, or to assert that he deliberately intended
to violate his implied promise. He is, however,
placed in this dilemma. If the pledges as to the
cessation of the Income Tax be faithfully re-
deemed, the resolution as to the extension of the
policy of " unrestricted competition" must be dis-
regarded. There will be an end to any further
progress in the path of fiscal improvement. The
great agent by means whereof the present position
has been attained will be consigned to rest—
the potent giant permitted to repose from all use-
ful exertion. Can Mr. COBDEN and the Man-
chester School support this view of the case ?
Can they set at naught all former professions ?
We believe not. And notwithstanding a recent
deplorable case of tergiversation, we still hope
that Mr. COBDEN and his friends and coadjutors
Will remain faithful to the great cause of Free
Trade, and insist on the gradual removal of indi-
rec't imposts by means of a permanent and equita-
ble tax en
accumulated and realised property.
It woad.
be an insult to Mr. GLADSTONE to
argue on the Other b
he did not branch of the alternative—that
intend to carry out his views. No
Hon. Gentleman
could
give his vote on the as-
sumption that the In
beyond 1860. Thar
wraoe Tax would be continued
false pretence be to support a mea-
sure based on a
of the most dis-
graceful and dishonourable character
But,eveD.,Mr. GLADSTONE himself.
mknowled
s
the injueticeilof the equal assessment
o
of incknes, without reference to the source all kindsouree
from
whence it may be derived. He declares that it
" bears too hard upon intelligence and skin,
. compared with property," and " not hard enough
upon property as compared with intelligence and
skill." But though thus confessing the evil, he
declines to provide any remedy, even of the most
hotnceopathic character. He admits the grievance,
but coolly perseveres in the injury. Nay, more,
extends it, for be attempts to saddle some
of the contributors under Sel.edale vita
new burdens by a great addition to the
duties on the licences for liberty to pursue
Iheir trade or calling. These licenses already

realise nearly as much as the entire amount levied
on the profits derived from trades and professions.
Should the present Financial Scheme be carried in
its integrity, they will fully counterbalance, if
they do not exceed it. Here, then, we find that
trades and professions—taking the average of the
whole—virtually pay double Income Tax ; for if,
on the aggregate of payments, double the amount
be realised, although under a different head,
what is it really but an Income Tax, and that of
the very worst description ? And the grievance
is enhanced, because the tax is not general in its
application. It bears only on certain branches of
industry, and therefore assumes a character of
" spoliation." We must also recollect that the
licensing system is totally opposed to the system
of " unrestricted competition" recommended by
Parliament. It tends to the creation of virtual
monopolies, restricting parties from entering into
the various branches of industry, by which they
might (if unfettered) ultimately realise handsome
profits. While, then, affecting to deplore the in-
justice to " intelligence and skill," the Right
Hon. Gentleman is attempting to enhance it, by
the provisions of the most Protectionist Budget
that has been brought forward since the creation
of the Income Tax in 1841.

It will be a source, we doubt not, of profound
gratification to those who have subscribed towards
the ROOD Testimonial, to observe that the pro-
jected Memorial is now rapidly approaching the
period of its completion. How far we are justified
in saying this may be at once perceived from last
night's proceedings. The meeting convened yes-
terday was, in point of fact, the final assemblage of
those who have participated, directly or indirectly,
in the undertaking—the final assemblage, that is
to say, prior to the erection of the monument and
its formal inauguration. _ _

Every one who sympathises with genius of the
highest order employed in the noblest cause—ex-
ercised, we mean, in tpe int'rests of real benevo-
lence and genuine philanthrpy—will exult in the
event here celebrated as the fulfilment of the first
vague dream of this HOOD Testimonial. Every
one will do so, we rest assured, because in
THOMAS HOOD we recognise the man of
heart as well as of imagination. His was
not a career lightly to be forgotten by his
fellow-countrymen. His writings were not like
those of the wretched scribbler whose history is
burnt in, as it were, with lunar caustic, upon
the tablets of the Dunciad, the poetaster, whose effu-
sions were described by POPE, as
"All that on folly phrenzy could beget,
Fruits of dull heat and sooterkins of wit."

His wit, on the contrary, was genial and exhila-
rating--the fruits of his fancy were mellow anti
perennial. In him we saw, besides the poet and
the droll, the large-minded, open-handed, gentle-
hearted philanthropist. His sympathies extended
upwards and downwards to the furthermost ex-
tremes, in the most contrary directions. They
extended from the Fairy to the Prostitute. It is
a man like this that the people honour themselves
by hearing in recollection. It is well, therefore,
that the grave of poor HOOD is at length about to
be pointed out for the veneration of all who de-
light in poetic pilgrimages. Under the bust of
the departed, besides the garland he had won so
well, the garland he had woven with his own
hands out of the flowers of his graceful fancy, will
be emblazoned the simple and eloquent epitaph,
suggested by himself shortly before his dissolution
—the single line commemorative of the greatest
of his lyrical triumphs—

"He sang the song of the shirt."

Fortunately the genius of Art has been enlisted in
these labours for the appropriate and touching
commemoration of Poetry. Celebrated on either
side of the pedestal, in bronzes, will be groups
illustrative of two of the poet's most ex-
exquisite ballads—in one the corpse of the poor
suicide is being recovered from the river, in the
other EUGENE ARAM is reclining under the green
boughs in the meadow—trouble in the features of
the scholar-murderer. As an inscription, there
will be no fulsome panegyric, or rhetorical eulo-
gium—the applause is hinted, the praise is
; bui everywhere, in every touch of the
chisel, in every wrinkle in the bronze, there are
apparent the feelings of affection and veneration.
Yernaps no writer ur Lemur times—except ull u
man, still, thank GOD among the living—has
ever secured more of the personal, and, we
will add, really affectionate sympathies of
the reader by the genial goodness of heart re-
vealed throughout his contributions to literature.
The only author of a previous generation with
whom THOMAS HOOD could in this respect be
brought into comparison, was one whose name
and whose very foibles are regarded by us all with
emotions of peculiar tenderness—we mean, of
course, OLIVER GOLDSMITH. But the foibles of
HOOD it were rather difficult, we conjecture, to
enumerate and this not by reason of their
number, but because of their invisibility, or, if
discoverable, because of their insignificance. His
nature, while it was in so many respects winning
from its almost womanly softness, was at the same
time manful and chivalric. Brave-hearted in all
that related to himself, he toiled on resolutely to
the last in spite of disease and of pecuniary em-
barrassments. And yet at the very time when
he was struggling thus valiantly against his own
misfortunes, he could weep on his deathbed for
the sufferings of his most abject and neglected
fellow-creatures. Some of those tears falling on
the paper, traced the words of that wonderful
lyric in which he has recorded the miseries, and
given voice to the anguish, of the sempstress.
We all of us recollect those exquisite verses,
written by THOMAS HOOD, as it were on the very
eve of his dissolution, in which he lamented over
the grave--

" I smell the mould above the rose !"
Now that this Memorial is really in a fair way
towards its completion—at any rate, immediately
the monument has been inaugurated in Kensal-
green Cemetery—the admirers of Hoon standing
over the spot where his ashes are reposing, may
exult that that latest exclamation of the poet was
prophetic—

" I smell the rose above the mould !"
Yes—the rose of memory above the mould of cor-
ruption.

COURT CIRCULAR.

His Excellency the Portuguese Minister was prevented
attending the Levee yesterday, on account of his recent
indisposition, from which he is gradually recovering at
St. Leonard's-on Sea.

Her Royal Highness the Duchess of Orleans visited
the Queen on Tuesday.
The Earl of Aberdeen had an audience of her Majesty.
Their Royal Highnesses the Duchess d'Aumale, the
Duchess de Nemours, and the Princess de Salerno visited
the Queen yesterday.
The Duchess d'Orleans, the Duchess d'Aumale, and
the Princess de Salerno visited the Duchess of Kent
yesterday.

• THE METAL MARKET.—The apprehensions entertained
yesterday regarding difficulties in the metal market were
confirmed this morning by the announcement that some
large acceptances of Mr. John Attwood had not been
met. During the day this gentleman's uncovered lia-
bilities were currently stated to be little less than half
a million, but it has been ascertained that they scarcely
reach one-fourth of that amount, while it is also under-
stood that their ultimate discharge will be effected from
the realisation, if necessary, of landed property.
LOUISIANA STATE BONDS.—Baring Brothers have an-
nounced the payment of the dividends due Ist and 9th of
May on the Louisiana State Bonds issued in favour of
the second municipality of New Orleans, and those
issued in favour of the Mechanics' and Traders' Bank.
EXPORTS TO TURKEY, RUSSIA, AND AUSTRIA--Yes-
t2rday a return to Parliament was printed, showing that
in 1851 the declared value of the exports to Turkey was
2,581,230/. ; to Russia, 1,289,7041. ; and to Austria,
812,942/.

- ty was celebrated yesterday evening
society
L. L 1 incrton us 1 b ,
MARINE SOCIETY.—The anniversary
l Sir J.
Tavern ; Lieutenant General of this valuable
at the London
1C17.56,13.f0rin the
ee chair.purp
portion of the
who might otherwise have formed
onforwatshefousenadebdo3i,ns
"dangerous classe." purpose of itnrastinitinntgi
no fewer than 49,884 boys for the Royal,
Since that time ait htahsebEraosutglhntduipa
Company's, or the merchant service, and it has also aided
39,360 landsmen with a bounty of sea clothing on their
joining the Royal NaN-y The last year's returns showed
3 boys sent to the Royal Navy, and 467 to the mer-
-1 chant service ; and the society retained 150 still upon its
books. It had also aided 43 widows of naval officers,
. and had dislmr,ed (AI, iltil-, for elm/it:ll4 purpo;:r...
The total receipts from subscriptions, legacies, and in-
, terest on stocks had amounted to upwards of 9,0001.
The usual toasts were duly honour ed, and sub
amounting, exclusive of several handsome legascrciipties, too
16301. were announced.

MONEY MARKET AND COMMERCIAL
INTELLIGENCE--(THIS DAY.)

CITY, TWO 0 CLOCK.

The sales of cotton at Liyerpool yesterday were
estimated at 6,000 bales, all to the trade. The
market was steady at previous rates. The sales
comprised 4,500 American, 240 Pernam and Ma-
ranham at eid. to 74d., 200 Bahia at 60. to
eid., 200 Egyptian at 6d. to 15.," 600 Surat at 3ad.
to 4d., per lb. Railway shares were firmer.
The temporary difficulties of Mr. Attwood, a
large operator in the iron market, have now be-
come so notorious, that motive for concealment no
longer exists. From what we understand, Mr.
Attwood entered into speculations in Staffordshire
some time back, which have resulted unfor-
tunately, but the liabilities; instead of being half a
million sterling, as reported, will not exceed
150,0001. to 200,0001., and the landed property
will afford a good dividend. As to payment in
full, we always feel reluctant in cases suspension
to anticipate such good results.
By the arrival of the sailing vessel Vimeira,
Sydney accounts of Feb. 2, have been received,
being much later than those previously to hand.
This vessel has performed the voyage in the short
space of 82 days and 20 hours. The Sarah Sands
left on the 29th of January, but she was to call at
Port Philip afterwards and at the Cape. The
amount of specie on board the Sarah Sands when
she left Sydney was 65,000 ounces. Freights for
tallow were at 305., and for wool at id. to id. per
lb. The prices of gold had risen to 31. 13s. 6d.
per oz., and a great change had occurred in the
rate of exchange, namely, from 8 to 5,1 and 4 per
per Cent. discount for bills drawn against produce.
It was feared that a good deal of spurious gold had
already been sent to England, but the excitement
arising from this cause had greatly subsided and
confidence was returning. From the " far south
diggins," as they are termed, namely, the Ovens,
most encouraging advices had been received.
There were 15,000 persons upon them, and new
discoveries were being made almost daily. There were
many instances of 1,009/. being netted in one day.
Deposits had been found onthe road nearer to Syd-
ney and the whole district between Yam and
Gundagin appears to contain the precious metal.
The Adelong range was said to be also an exten-
sive gold district. At Ophir the average daily
earnings of the 2,000 diggers were oz. per man.
The attempt to tax foreigners double for their
licenses was likely utterly to fail. Of the condition
of the commercial markets the most satisfactory
statements are made. There was a further advance
in wool and tallow, probably owing to the rise in
the Exchange, and quantities of produce were
arriving. Imported goods of various securities
were becoming scarce, and of spirits the stock Was
getting low. Thus far the glut which existed at
the beginning of the year has given way before the
large consumption. A general holiday was to be
observed at Sydney, on the 12th o 2 February, to
celebrate the anniversary of the gold discoveries.
The escort had brought to the end of January,
into Sydney 16,0001., and from Melbourne by sea
20,000 ounces had been received. Altogether we
look upon these advices as the most satisfactory
that have come to hand for some time past.
The steamer Great Britain, now at Bristol, is to
undergo important alterations before she again
leaves for Australia. One of her masts will be
taken away, and the other three will be square-
rigged foro and aft, much the same as a 60-gun
frigate. She will, consequently, combine all the
powers of a clipper ship, as well as the auxiliary
screw, having a full complement of seamen. Her
departure will be delayed until the end of June.
The English Funds have been firm, but there is
not much doing. Consols have been quoted. 1001
for transfer, and 1001 to 101 for account. The
New Three-and-a-Quarter per Cents. have realised
1031 to and the Three per Cents. 100 to k.
Bank Stock is supported at 2271. Exchequer
Bills of March have been 3s. to 75., and East
India Bonds 335. to 40s. premium.
In the Foreign market the half monthly ac count
is being arranged, and not much business is doing.
Spanish 3 per Cents. have risen to 23 The
Certificates are at 6i. Mexican have been_ down
to 271 and 26/. Greek Red Bonds are at 11i.
Dutch Stock, after being 641 for the 2 per C
has rallied to 65k. The cause .f the decline in
Mexican is the threat to expel Mr. Falconne nt for
bribing members of Congress, but that gentleman
had publicly denied the charge.
The last week's railway receipts ascertaimed up
to this day, are in round figures as under

Great Western..
North Western ..

South Western

Brighton ..

Midland
South Eastern..
Caledonian
Great Northern

I.4anco.esaire ana x °mean..

1853. 1852.
£1,8051 £1,8786
.50,088 -45,488
10,892 11,044
9,994 9,611
23,703 23,393
12,651 12,549
9,234 7,698
15,225 711,680
3.00.00 :15,636

The settlement of the account being in pro press
in the Share Market, prices are affected the] ceby,
and they have exhibited an upward tend( :ncy.
This is in favour of the presumption that real by lyers
are coming forward and taking the stock into • their
names. Even the North-Western shares are b etter
upon the detailed explanations that have been
published. Great Northern are in favour, :being
up IZ. to 21. ; but the South-Western, Great
Western, and Caledonian are also higher. Fr ench
Shares are quiet but firm.
The Gold Mine Shares for the most part are
steady, with a limited business doing.
In the Land Companies there is an impro velment
—the South Australian being up 1/.
The Joint-Stock Banks of Australia are also
rising. Australasia are 1/. to 2/. higher, and the
Union of Australia have improved similarly.

BRITISH FUNDS AT ONE O'CLOCK THIS :DAY
(From the Official List.)
Business .done.

Bank Stock
3 per Cent. Reduced Annuities lOO i
3 per Cent. Consols Annuities
New 34 per Cent. Annuities
Long Annuities, Expire sth Jan., 1860
Ditto 30 Years, Expire sth Jan., 1860 64 3-16
India Bonds, £lO3O
Ditto, under £lOOO 4O 33
Consols for Account
•-• Exchequer Bills lid. June. Ma rch
• £lOOO 3 7 1. 3
£5OO 3 7 - -
Small 3 7 - -

PRICE OF FOREIGN FUNDS AT ONE O'CLO(
Greek Bonds, Red
Mexican 3 per Cent.
Ditto for the Account 27 7
Russian Bonds, 5 per Cent.
Sardinian Bonds, 5 per Cent.
Spanish 3 per Cent., New Deferred
Ditto for the Account 234
Spanish Committee Cert. of Coup. not fun 6l
Dividends on the above payable in London.
Belgian 4i per Cent.
Dutch Exchange, 2i per Cent. 12 Guil. 5i
Ditto 4 per Cent. Certificates..
HALF-PAST TWO.
Consols lOOl
Ditto May Account lOO- 1

MAIL CONTRACT SYSTEM.—The views of the Govern-
ment on the mail contract sytem expressed in the House
of Lords last night have been received in the City with
gratification. The improvidence of former cabinets,
which has saddled the country with annual payments
amounting to 800,0001. a-year, is to be remedied upon
every occasion when the falling in of contracts may
afford an opportunity ; and, although the vicious prac-
tice of granting fixed subsidies is not to be altogether
abandoned, they are henceforth to be for periods ,so li-
mited as to render their discontinuance easy whenever
it shall be demanded by the irresistible progress of pub-
lic opinion. In the case of the cancelled contract with
the Australian Company, tenders are to be invited from
new quarters for the performance of the bi-monthly ser-
vice which has thus lapsed, but the sum to be granted is
very small, and the contract is to be givgn to those who
shall offer to perform the voyage in the shortest period,
no dictation being exercised with regard to the route to
he chosen, so that the advocates of the Panama line will
be placed on a footing with competitors via the Cape or
elsewhere. In discussing these points, all parties seemed
ready to condemn the course hitherto pursued, although
it was attempted to apologize for some of the early con-
tracts by the plea that the vessels and stations for their
fulfilment required an outlay which no company would
have adventured upon in the absence of a lengthened
grant, and, without such an arrangement there would
have been no steam communication at all. The argu-
ment in this respect, however, apart from being inhe-
rently unsound, afforded no justification of the recent
renewal of the Cunard and West India subsidies, the
former at 171,3641., and the latter, 270,0001. per annum,
at a time when steamers of all sorts, without any bounty,
were actually preparing to carry on a competition which
has since proved successful even in the face of the mono-
poly established against them.
PROFESSOR AYTOUN'S LECTURES ON POETRY.—We
understand that the brilliant course of lectures on Poetry
recently delivered by Professor Aytoun in this city are
about to be repeated in London ; and we have no doubt
that the very flattering reception they met with here will
be fully equalled in the southern metropolis. Nothing
can be more interesting than the modein which the Pro-
fessor treats his subject,—nothing more felicitous and
effective than his delivery ; while the eminent truthful-
ness and acumen which mark his critical canons are
instantaneously appreciated by every one who is a judge
of what true poetry is. These lectures are doubly
interesting, inasmuch as their author is himself a poet of
high oandi ig. —hi4 "Lays of the Scottish Cavaliers"
b. bl,f, 'lie inoa popular poems of the at, , and far tran-
sePnding in energy and poetic fire even the celebrated j
"Lays of Rome," by which Mr. Macaulay has wreathed I
for himself an enduring circlet of Parnassian laurel.—'
Edinburgh, Advertiser, April 26, 1853.

NEWMARKET RACES.

(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)
QUEEN'S PLATE.

11ex.............................................................
Ariosto..... .....................................................
Four ran.
LATEST BETTING.
CHESTER CUP.
20 to 1 agst Lord-Lieutenant (taken freely)
500 to 400 that Newminster beats Lady Evelyn

SEIZURE OF WAR ROCKETS AT ROTHER-
HITHE.-(THIS DA Y.)

To-day having been fixed by Mr. Henry for giving
his decision upon the summons against William Hale,
for having in his possession a greater quantity of gun-
powder than allowed by law, the defendant, as well as
the counsel, and other parties engaged in the case, were
in attendance shortly after 12 o'clock.
Mr. Henry said, the defendant was summoned for
having kept within three miles of the city of London a
greater quantity of gunpowder than is permitted by the
provisions of the 12th George 111., chapter 61. It was
admitted that the premises where the seizure was made
belong to the defendant, and that the quantity found
exceeds what the law allows, but it was contended that
the article seized is not gunpowder, and that is the
question to be determined. It was proved by scientific
witnesses, who had analysed the powder in question,
that it is composed of nitre, sulphur, and charcoal, which
are the same ingredients as are used for the manufacture
of ordinary gunpowder, but the difference relied upon
is, that the seized powder had not undergone the process
of granulation, and that the omission of that process
contradistinguishes it from gunpowder. Having taken
time to consider that question, and, having looked into
the history of the manufacture of gunpowder, I am
satisfied that the distinction relied upon is not well
founded, and that the powder which was seized is gun-
powder within the meaning of that word, whether taken
in its ordinary, scientific, or legal acceptation. On refer-
ring to the " Encyclopaedia Britannica, ' title "Gunnery,"
I find it stated that for some time after gunpowder was
introduced, it was always manufactured and used with-
out the process of granulation, and that that process is
a comparatively modern improvement, previously to
which the only gunpowder in use was ungranulated, or
what is in the trade termed " Tribal powder." In the
same work, under the title "Gun Powder," the definition
of that word is thus given--" A composition ofnitre, sul-
phur and charcoal, usually granulated," implying there-
fore that sometimes, and for some purposes, gunpowder
is not granulated. I now proceed to consider whether
the Act of Parliament was intended to apply to gun-
powder generally, or only in a limited sense of that word,
and I think it is manifest from the title and preamble of
the statute, that it was passed with va view to include
within its provisions every species of gunpowder in all
the stages of its manufacture. It is entitled, "An act
to regulate the making, keeping, and carriage of Gun-
powder," and the preamble recites, "That whereas the
manufacture of gunpowder, though necessary to be encou-
raged as an article of defence and commerce, yet ought to
be regulated by law in order to prevent the great mischiefs
which may arise from explosions, &c." It then proceeds
to enact that no person shall in any manner manufac-
ture, or keep or carry gunpowder except as therein pro-
vided. The 11th section is the one under which the
defendant was summoned, and it provides that no per-
son shall have or keep at any one time in any place
within three miles of the cities of London or West-
minster, or within one mile of any other borough or
market town a greater quantity than 2001bs. in weight,
if he be a dealer in gunpowder, or than 501bs. if not a
dealer, on pain of forfeiting all above the allowed
quantity, and also 2s. for every pound of the excess. I
ant of opinion that whether the powder be granulated or
meal powder, and whether it be for gun, rocket, or
mining use, it is equally gunpowder within the provisions
of that section, and within the mischief which it was in-
tended to guard against. It must be obvious to every-
one, and to no one more than the defendant himself,
that if a fire were unhappily to oclur upon his premises,
an explosion of such powder and materials as were
found there could not fail to be very destructive
in such a populous neighbourhood, and if it were
attended with loss of life, he would be liable to a
prosecution of a much more serious nature than the
present. It only remains for me to adjudge that all the
powder seized beyond the allowed quantity shall be for-
feited, together with the barrels in which it was con-
tained, and that the defendant shall pay 2s. for every
pound beyond such allowed quantity, and I adjudge the
excessive quantity of gunpowder to be 57 lbs. in weight.
The hearing of another summons against William and
Robert Hale, and one of their workmen for illegally
manufacturing war rockets was then proceeded with.
Mr. Clarkson, in opening the case, stated that the
Crown instituted the present proceeding under the 9th
and 10th of Wm. 111., chap. 7, which provided that any
person who made, or caused to be mode or sold, squibs,
rockets, serpents, or other fire-works, should, on being
convicted, be fined for every such offence the sum of 5/.
Under another section, a manufactory for this pur-
pose was deemed to be a common nuisance, and
dangerous to the surrounding neighbourhood. He
should show that there were found on the premises
at Rotherhithe bet Ween 1,500 and 1,600 rockets.
Many of them were quite finfshed, and some of them in
the prodess of manufacture. Those finished were packed
up, as•if about to be sent away. All were taken pos-
session or ny the pullue.t • Tnere were also round some
empty rocket cases, and some iron heads, which were
probably intended to be used in the manufacture of
rockets. It might be contended by his learned friend
that the provisions of the act did not include war rockets,
but only referred to fireworks which were employed for
amusement, but he thought there could be no doubt
that the Legislature intended to use the -word " fire-
works" in the most comprehensive meaning, and
to include within it rockets made for the pur-
poses of war. The rockets in question were
most powerful instruments of war. One of them had
been tried at Woolwich under the superintendence of
the military authorities, and it was proved to be of a
most destructive character. The attention of the Go-
vernment was first directed to the manufactory at
notherhithe in the month of October last, when great
activity appeared to prevail among the persons
in the employ of Mr. hale. If not all, nearly all
were foreign refugees, and there seemed to be
a degree of secresy in the way in which they entered
and left the premises and carried on their different
operations. When these circumstances, coupled with
the fact of between 1,500 and 1,500 rockets being ma-
nufactured on the premises in a very short time,
came to the knowledge of the authorities, it of
course became their imperative duty to investigate
into the matter. They would perhaps hear from the de-
fendants for what purpose these weapons were manufac-
tured. At least, it was open for them to do so if they
thought proper. The elder defendant told one of the
witnesses that he exported them to different parts of
the world ; but the Government, an they were in duty
bound, had taken the trouble of going through 40,000
or 50,000 entries at the Custom-house in order to inves-
tigate into the truth of that statement, and he should be
able to prove that if any were exported they were so
under other names than that of Mr. Hale. The infer-
ence, therefore, to be drawn was either that there had
been a suppression of his name, or that the articles were
exported under some other designa.ion than that of
rockets.
Mr. Clarkson—How long back have you gone in your
search ?
Mr. Bodkin said he believed since 1847. There was
also another [ciroumstance he thought it right to men-
tion, namely, that Mr. Hale could not have manufac-
tured the rockets without a considerable sum of money,
-the value of the rockets actually seized being between
1,000/. and 2,0001. in addition to that, he ought, per'.
hape, to state that Mr. Hale had only recently been a
bankrupt, and that though his bankruptcy was after-
wards superceded, he was only able to pay a small com-
position to his creditors, of some 3s. in the pound. That
obviously presented itself to the minds of those who had
been engaged to inquire into -this affair. The learned
counsel then proceeded to call the following wit-
nesses :

Mr. Evans, superintendent of Thames police, said—l
accompanied Sergeant Saunders to the premises in ques-
tion on the 13th April. They are situated on the banks
of the Surrey Canal. Before I went in, I saw the defen-
dant, Boylan, ramming a rocket in one of the workshops.
(A specimen of the rockets were produced.) I then
went into the premises. I told him who I was. I pro-
duced the search-warrant. I asked him if there was
any gunpowder on the premises, and he said no. In
answer to questions, he stated that neither of the Hales
were present. I found about 20 of the smaller rockets
in a box. Boylan said they were what he had been
finishing. I found also a large quantity of empty cases
and empty shells. There were four workrooms, and
they were fitted up with apparatus for making
rockets. There were altogether 3,629 shell heads,
and 2,489 shell tails. There was a shed near
the work rooms. Boylan said there were only a
few empty cases in it. I asked for the key. He said
he had not got it. I told him I must break it open.
He then went to his cottage, got the key, and opened
the door. In that magazine I found 79 boxes, chiefly
running about four feet long, by eight or nine inches in
depth. I found them filled with charged rockets. They
were very strongly made, being of inch deal, and very
firmly screwed down, each with 12 screws. Boylan, at
six o'clock, said he would go to his master at Chelsea,
and inform him of the seizure. When he returned he
said he had not seen him, and then left the premises in
the charge of some officers. On the following morning
I was at the chief police office in Scotland-yard. The
two Hales were there. Mr. Hale, sen., asked me under
what authority I had entered his premises. I told him
under a search-warrant. I had it with me, and I then
produced it.
-Mr. Clarkson suggested that it was unnecessarily
consuming time by repeating the evidence given at the
last examination.

Mr. Bodkin said, he would only ask such questions as
were pertinent to the inquiry.
Witness's examination continued—He then said there
was not a particle of gunpowder in the place. He said
I had the rockets by me these two years. I export
rockets through the Custom-house to various places. He
mentioned Copenhagen and Hamburgh. He said he
shipped some in the John Bull steamer, which is a
Hamburgh boat. He said I have offered them to the
Covcrntlient, a!,d T shall be very glad if they would take
them off my hands. He also said if you will inquire of
Sir Thomas Hastings, of the Ordnance, you will find
what I state is correct.
Cross-examined by Mr. Clarkson—The nearest house

to the premises at Rotherhithe, is about 200 yards off.
It is an isolated neighbourhood. Mr. Hale, sent., told
him that he had got a patent for the rockets. H did
not say he was about to apply for another patent for
rockets of a new description.
John Saunders, a police-officer, who accompanied the
preceding in the search said--We found 79 cases con-
taining 1,543 rockets, all charged. We also found 3,629
iron rocket heads, 2,489 rocket bottoms, and 1,955
empty rocket cases.
Ralph Thomas examined said—His attention was
directed to the premises from the sth April last, gave
evidence to show that the three defendants were con-
stantly at the premises, and in some way or other en-
gaged in the manufacture of the rockets, &c.
In cross-examination, he said he was instructed by his
superintendent to watch the premises, and to change his
dress on different days.

AuguslUsener examined, said—l am an engineer. I
have been in the Prussian artillery for 15 or 16 years. I
served in the last Hungarian war. During the last
three months I was a major of the staff. I was em-
ployed by the Messrs. Hale in making rockets at Ro-
therhithe. I began to work there about the close of
September last, and i continued to work until the be-
ginning of November. I did not know either of the
Hales before I went to them. I was introduced to them
by M. Kossuth. It was last summer when I first saw
M. Kossuth on the matter—that was after he came
back from America. I saw the elder of the Hales
in the company of M. Kossuth in September last.
On that occasion M. Kossuth presented me to Mr. Hale.
It was in M. Kossuth's own room. M. Kossuth, on
introducing me to Mr. Hale, said—" This is an Hun-
garian officer, and a late officer of the Prussian artillery ;
therefore, with regard to his being acquainted with this
kind of work, you may employ him in the manufacture
of rockets." M. Kossuth appointed the amount of my
wages, which were to be 18s. a week, and he said Mr.
Hale would point out what I was to do. M. Kossuth
told me to keep the affair quite secret. He asked me to
keep the manufacture of rockets quite safe. M. Kos-
suth spoke to me partly in the English and German
tongues. I was ordered to be at Mr. Hale's house at
half-past 9, when he would take me to the manufactory.
I went to his house as appointed, and he accompanied
me part of the way to the premises at Rotherhithe. It
was concerted between us that we should not enter
together. When I got there I saw Robert Hale, two
Englishmen, arid a German. One Englishman and
Robert Hale were engaged boring rockets. In about
a quarter of an hour I undressed and went to work. I
was directed to arrange the fourth room or compart-
ment, which appeared to have been out of use for a
long time. This occupied me the first day. Subsequently
I was employed every day, except on Sundays, at the
factory. I was principally engaged in putting the heads
on the rockets, and in boring them. That was the
principal employment in which I was engaged up to
November. Mr. Robert Hale directed me what to
do. He was there every day, coming about
half-past nine until half-past five. I sometimes
saw the elder defendant, Wm.. Hale, on the premises.
He acted in the capacity of first manager of the factory.
I received my wages from Robert Hale. I assisted in
making altogether between 350 and 400 while I was
there. The German's name was Gurnack—he came
about the same time that I did, and I left him there.
In Nov. I was taken sick, and went into the hospital.
During the time I was employed Robert Hale sent me
to M. Kossuth, at Pimlico—that was about the middle.
of October. I saw M. Kossuth. I was sent more than
once to a similar factory at Pimlico. I there saw M.
Kossuth, Mr. Hale (the father), a fellow-workman, and
some other persons. On the first occasion I went a
machine was tried for letting off rockets. The conver-
sation was here also partly in English and
partly in German. The conversation lasted
an hour. After it terminated I and my fellow-workmen
were told both by M. Kossuth and Mr. Hale to wait for
Mr. Hale at the corner of the street. It was then that
M. Kossuth told me to keep the affair secret. He did
so in German. About a fortnight afterwards Robert
Hale requested me to go and see his father. I did go,
and the father sent me to M. Kossuth, and said he
would tell me what was the matter. I then went to M.
Kossuth's house at Kensington.
Mr. Bodkin—What did M. Kossuth say ?
Mr. Ciarkson objected to the question, on the ground
that his learned friend was endeavouring to elicit some-
thing against M. Kossuth, who was absent and un-
charged.
Mr. Henry said when the question could be put would
depend on whether any communication was afterwards
made by the witness to Mr. Robert Hale.
Examination of witness continued—After I saw M.
Kossuth I did not tell the younger Hale at any time
about the conversation. Robert Hale on one occasion
told me and my fellow-workmen not to talk in public-
houses or in places about what we were doing, or to
mention the name of Hungary or Kossuth, as that would
betray our work. I should say when I was at the fac-
tory about 600 rockets were manufactured.
Cross-examined by Mr. Clarkson—l had applied for
charity before I went to the Messrs. Hale. It was after
I came out of prison for theft that I was employed by
them.

Re-examined py Mr. Bodkin—l was imprisoned five
months at Maidstone for theft. I was destitute, and I
took what was not my own.
George Garnack, a German, employed at Mr. Hales's
factory, gave similar evidence.

Sir Thom_ as Hastings, the principal storekeeper of the
Ordnance,- prouduced the correspondence which had
taken place with Mr Hale from 1843 to 1853, and stated
that after experiments had been made with his rockets,
the Government declined accepting, but offered to sup-
ply them with those articles.
Mr. SCANLAN, an officer of the Customs, proved that
no roPlrots: had heen eyparted through the Custom-house,
in the name of Mr. Hale, from 1847 up to April, 1852.
This being the conclusion of the evidence,

Mr. Henry said he should send the case to the sessions,

The defendants were then bound over to appear
to answer the charge at the sessions, the two
Hales being to find bail, themselves in 801., and
two sureties in 401. each, and Boylan being only re-
quired to enter into his own recognizances.