The Sun.
London, England, 1853-07-30 00:00:00

caste by the course it had pursued in reference to the
matter.

CASE OF PHILLIPS, THE CABMAN.
Lord D. STUART took the opportunity of putting a
question to the noble lord at the head of the Home Depart-
ment with respect to • a case which had already been men-
tioned in that house, but which excited a great deal of in
terest out. of doers, and respecting which he did not think
any satisfactory explination had • been given,—he alluded
to the decision Of a' Bow-street magistrate last week in
reference to a cabman. He thought i t right to ask for
some further information about the matter, because it
would really appear, from what was stated in the news-
papers, that, notwithstanding the explanation given by the
noble lord, some considerable amount of injustice had been
done to a roar man not having the means of defending him-
self. Upon a fornaer.occasion the .noble lord, after inquiry,
made a statement which had the effect of impugning the
correctness of the .report of the .case which had appeared
in the newspapers. That report stated, that the magi-
strate offering to have the disputed distance measured,
upon each party depositing 5a., the cabman said that he
had not had, on the day when the dispute arose, any fare
before that respecting which there was a difference, and
that he had not a shilling in his pocket; whereupon the
magistrate remarked, that as he could not put down the
sum requisite for the measurement of the distance, he
should take the statement of the gentleman who hired the
cab as evidence that the driver had charged more than
he ought, and sentenced the driver to pay a line of
forty shillings, and:in default of payment, to be com-
mitted to prison. Of course, as the cabman had not five
shillings, he could not pay forty shillings, and was actually
sent to prison, the horse and cab being taken to tho green-
yard ! The noble lord, in his explanation, stated that it
was by no means in consequence of the cabman not being
able to deposit the five shillings that the magistrate came to
his decision, but because the cabman altogether repudiated
the settlement of the dispute by measurement. Since that
explanation there had appeared in the newspapers two
statements—one by the cabman himself, who said that,
having been lent money by his friends, he had paid the
fine, and got out of prison ; that he had had the distance,
measured, and that it appeared that, so far from his having
charged more than he ought, he had actually charged a
great deal less ; and the other from the gentleman who re-
ported the case at Bow-street, who maintained that the
words he attributed to the magistrate were actually pro-
nounced by him ; and he added that he was as sure of
that circumstance as he was of his own existence. Now,
if it should really appear that this unfortunate cabman
had been fined 40s. and deprived of his liberty for a certain
space of time, not for charging more than ho ought, but
actually for charging less, he thought the house would bo
of opinion that a very great degree of injustice had been
done. (Hear, hear.) The public at large took a very
strong view of this case, and he believed there was no
person who did not think that that unfortunate cab-
man was ill-treated, and did not lament the decision
to which the magistrate came. (Hear, hear.) Ho was
the more induced to notice the case,- because he had heard
in more than one puarter that the interest occasioned
by it had more than anything else, perhaps, led the cab
proprietors to take the most unfortunate step which they
had just adopted, though he confessed he did not compre-
hend the logic that, because a cabman had been ill-treated,
therefore the cab proprietors should take illegitimato and
unjustifiable means to obtain greater remuneration than

the Legislature allowed them. On the other hand,
hand, their conduct constituted no reason why the unfor-
tunate cabman in question, who was no party to the strike,
should not, if ho had been wronged, have his wrong re-
dressed and his case considered, and he therefore asked the
noble lord whether, on considering the case, he really was
of opinion that the magistrate came to a right decision,
and whether he had taken means to ascertain the distance
travelled over?
Lord PALMERSTON said that if he had had notice of
the question he would have come down to the house with
the same document he had brought the other day. The
facts of the case, as stated to him by the magistrate, were,
that the person who hired the cab came before him with
the cabman to complain of an overcharge by the latter.
The complainant mentioned the point from which he started,
the road he took, and the point where the journey ended.
The magistrate stated that, from his knowledge of the
ground, he was satisfied that the charge of the cabman
was excessive, and was therefore prepared to fine him for
overcharge ; but the magistrate first offered to have the
distance measured. It was the rule that when a measure-
ment took place each person should deposit 55., to abide
the issue of the measurement. The magistrate stated that
the cabman declined the measurement, but did not under-
stand that he declined it on the ground of not having the
ss. to lay down, but that he declined it generally, because
he did not wish to have the measurement made, and upon
that the magistrate fined the cabman for overcharge. It
did not appear that the magistrate was wrong in his deci-
sion. He (Lord Palmerston) had looked at the map of
Loudon, and with a pair of compasses had measured the
same distance—(a laugh)—and it appeared to him that the
distance was not greater than that which the person who
hired the cab was ready to pay.

THE CENSUS.
Mr. HUME inquired whether the Government was pre-
pared to sanction the issue of some 20,000 or 30,000 copies
of the abstract which had been published of the census ?
Lord PALMERSTON replied that the typo had been
distributed, but the Registrar-General had informed him
that in the course of the autumn it was his intention to
make a selection of the most important tables for general
circulation, including those relating to age, occupation,
birthplace, condition in respect of marriage, religious per-
suasion--in short, all those matters which his hon. friend
very properly thought of great importance ; and that in-
formation would be published in a cheap form.
THE BRITISH MUSEUM.
Mr. J. BALL wished to ask the hon. baronet the mem-
ber for the University of Oxford whether the trustees of
the British Museum had authorised the preparation of a
descriptive catalogue of British medals ; and, if so, by
what authority that work had been withheld from publi-
cation, and upon what grounds? It was with a view to
the public interest only that he put the question, having
no acquaintance with any gentleman who had been en-
gaged in making that catalogue.
Sir It.. INGLIS replied, that he believed the trustees of
the British Museum did authorise the preparation of a cata-
logue and description of the coins and medals connected
with British history in their custody. The work had been
suspended for more than one reason. In the first place, it-
contained a catalogue not only of coins in the British Mu-
seum, but of others not there. It could not, therefore, be
described as a catalogue of the British Museum. Another
reason, however, induced the suspension of the work,
which was, that it was accompanied and interfused with
such observations as, to say the least of it, were not neces-
sarily connected with numismatics.
THE DISMISSED INDIAN JUDGES.

Mr. BLACKETT called the attention of the President of
the Board of Control to certain observations which had
fallen from him a few evenings since, in which he was re-
ported to have said, with reference to the dismissed judges
of Bombay, that one of them, Mr. Gregor Grant, "had
pursued a course of conduct which was scandalous." He
wished to know whether the right hon. gentleman had
really used such words, and also, whether he had received
any communication or application since that time from Mr.
Grant ?
Sir C. WOOD (who spoke in a low tone of voice, and
with his back-to the gallery) denied that those words had
been used by him. What he did say was, that Mr. Grant
" had pursued a course' of conduct which, as he feared
had been the case, had been the cause of a great deal of
scandal." He was not aware that any application had
been received from Mr. Grant.
MR. MAGAN AND COLONEL DUNNE.

The SPEAKER then called upon Mr. Megan, who had
placed upon the paper a motion of his intention to do so,
" to make a statement relative to correspondence which
has taken place between the Duke of Newcastle and
Colonel Dunne."
Mr. MAGAN rose accordingly, and addressing Colonel
Dunne, who was sitting near him, said, " Perhaps my hon.
and gallant friend will save me the trouble of making a
statement, by explaining to the house that he had been
misled."
Colonel DUN NE not responding to this appeal, other-
wise than by touching hie hat,
Mr. MAGAN proceeded to say, it would. be in the recol-
lection of the house that in a recent debate the Duke of
Newcastle asserted in the other house that he (Mr. Megan)
had given him certain information with regard to words
made use of by a relative of his hon. and gallant friend.
Ho wished to make an explanation on this subject, but
was altogether in the hands of the house.
A Voice—Speak up. What is it all about ?
The SPEAKER here interposed, and said that if the mat-
ter on which the hon. member desired to speak was one of
public importance, he would be entitled to bring it under
the consideration of the house ; but if it were a matter of
private controversy between him and any other member,
he would act most judiciously by arranging it out of doors
Mr. MAGAN said that he should not have placed any
notice on the paper, were it not that he considered that
his own character and that of the hon. member for Port-
arlington, were at stake.
The subject then dropped.
THE ROYAL YACHT SQUADRON.
Mr. MACARTNEY called the attention of the house
to a warrant having been lately issued to the Commodore
and members of the Royal Western Yacht Club of Ire-
land, by the Board of Admiralty, granting permission to
the members of that Club, to carry and use the white
ensign of the fleet on board the vessels of that body,
although the exclusive privilege to use such white ensign
had been accorded to the Royal Yacht Squadron of
England, by a warrant issued fie.. the Board of Ad-
miralty, in Jame 1829, by desire of his late Majesty
George the Fourth, and moved for copies of documents
relating to this matter, includine two letters addressed by
the Secretary of the Treasury ito the Commodore of the
Royal Saint George's Yacht Club, Kingston, granting, but
afterwards rescinding, the permission to the members of
that club, to carry and use the white ensign of the fleet on
board their yachts and. vessels, the reason assigned for so
rescinding such permission being " that the Royal Yacht
Squadron of England had the exclusive privilege to carry
and use such white ensign of the Fleet on board their
vessels." His (Mr. Macartney's) object was to ascertain
from the right hon. baronet at the head of the Admiralty,
whether it was the fact, or not, that the Royal Yacht
Squadron had the exclusive right to use the white burgee.
ir J. GRAHAM replied, that if any uninformed by-
stander were to comment on their proceedings—(hear,
hear)--he could hardly believe that the decision with re-
spect to the future government of our Indian empire
was the subject which was kept waiting for discussion
while the house considered, first, what was the fine un-
posed on a cabman, and now what should be the colour of
a bit of bunting to be worn by yachts. (Hear, hear.) It
was a proof that there was nothing so great that the house
was not equal to grapple with it, and nothing so minute
that the .house would not stoop to consider it. The
honourable member was in error in supposing that the
Royal Yacht Club at Cowes had over had the ex-
clusive right of wearing the white ensign. It was not
granted in 1829 exclusively to that club; but for a long
time warrants were granted to particular yachts. He
(Sir J. Graham) had the honour of being at the Admiralty
in 1832, when an application was made by certain gen-
tlemen residing in the south-west of Ireland, who had
formed themselves into a club, to have the permission. He
took the pleasure of King William IV. with respect to
that application, and received his permission to grant a
general warrant. It was required that there should be a
crown with a shamrock, as a distinguishing mark. That
warrant, granted in 1&32, had never since been revoked.
They had possessed it for 21 years, and applications had
been made by the present board. to revoke it. That appli-
cation had not been assented to. He was perfectly ready
to lay on the table all papers that had passed on the sub-
ject. (No.)
It was agreed that the house at its rising should adjourn
to Monday next.
CLITHEROE ELECTION COMMITTEE.
Mr. G. A. HAMILTON appeared at the bar, an'3 stated
that ho was instructed by .the Select Coernittee on the
(3iitheroo Election Petition to inform the house that, with
respect to the witness Towler, now in the custody of the
Sergeant-wt-Arms, the committee having reconsidered his