The Sun.
London, England, 1849-12-13 00:00:00

IRELAND.

two at a time alternately, during the day. We are
constantly guarded by marines. The captain and
officers are most courteous, polite, and sternly kind—
that is, they do not inflict upon us the weight of any
ill-temper of their own, whilst observing
the rules laid down by the Admiralty for
their guidance, With the utmost strictuess.
You may leugl; but, when we heard the sailors
talk of their grog (at a good distance, too), there
was nothing we felt the want of so much as a little
of that liquid and potatoes ! except Mr. o'l3rien, who
adheres to his pledge most rigidly. However, we
are now pretty sr, ell inured to suffering, and can bear
every thing. We don't expect to arrive at Hobart
Town until the end of November. Ia my letter
to I hev..; been rather minute in details, and have
directed them to be open to the inspection of all friends.
" I cannot attempt to express my feelings of
gratitude and affection for , and those noble-
Learted beings who sustained me in those hours of
difficulty through which I have passed -1. But
neither time, nor distance, nor circumstances, shall
ever alter the deep impression of love and esteem
which such conduct has engraven on my heart. May
I one day be enabled to prove that such generous
kindness was not forgotten, nor wholly unmerited !
" We all long to hear news from poor Old Ireland,
in the hope that pestilence and famine have abated
their ravages in that beautiful but unhappy land.
May God grant it, and bless again our poor old
Erin !

" Present my best regards to —,
and —, who may have any sympathy for us. I
have written this in so hurried a mode, that I hope its
unsatisfactory vagueness will not be ascribed to any
but the one urgent cause—haste, and the writer not,
by any chance, his own master.
" Believe, my dear , ever your sincere,
attached, and affectionate
" PATRICK O'DONOBOE."

* Plainly, this order was owing to the aut-convici
agitation then at its height in Ono Town, but of which
the writer was of course unaware.

(%FROII OUR CORRESPONDENT
DUBLIN, VEDNESDAY EVENING, DEC. 12.—The
entire part of this day has been intensely cold and
gloomy, plainly menacing a heavy fall of snow.
Indeed, the Wicklow hills, some miles to the south-
east,
have already indued their winter garb, their
summits being clothed with snow.
Two heavy cases now occupy the Courts of Ex-
chequer and Queen's Bench—in the former the action
for defamation against Captain 111•Manus, who is
charged with having swindled, seduced, and then de-
ftmed by anonymous letters, a young woman, named
Devine—in the latter the case of Ffrench a.
French. Mr. Fitzgibbon resumed his address
for the defendant, M'Manus, this morning,
and did not close until two o'clock. The
hearing of witnesses for the defence then com-
menced, and there is no chance of the trials
closing before to morrow morning. In the Ffrench
case the examination of witnesses occupied all this day.

t Dead about six wears. A young gentlem"n who
promistd like a few other lawyers' clerks .who became
barristers, to be eminent-in this profession.
t Alluding to the liberal contributions subscribed by
the law clerks for his defence. O'Donohoe was re-

karded, I understand, as ore of the best taxing and ecm-
veyaneing clerks in Ireland.

WRECKS on the G VIN FLEET SANDS

On the night of Friday last no less than six vessels
were lost on these dangerous sands; five of them
were deeply coal-laden ships belonging to Newcastle
and Shields, the other was a foreigner ; all were ors
their passage to London. The night was exceedingly
dark, thick, and rainy ; the wind was blowing strung
from the eastward, wiih a gr, at deal of sea and a
strong ebb tide. The vessels had each passed the
Sunk-light in safety, between which and the Middle-
light there is a long, narrow, and dangerous naviga
tion, with the Gueflett Sands on one side and the
Heaps on the other. Unfortunately, also, the Middle-
light cannot be seen until the Sunk has been left a
considerable distance; in a d 7rk night, therefore, the
na‘iention is excediegly difficult. On Friday, each
vessel struck the sands between this intervening space ;
for nhhough the right bearings were got on leaving
the Sunk, the tile, from the vessels being derpl3
laden, set them gradually out of the proper ehenne;, '
and carried them on to these fatal sands. In ail pro
bability,- also, one vessel misled the other, as they
grounded very near to eech other. Her Mejesty'
cutter Scout aeon got tidings of the disasters, end
hastened to the assistance of the crews, who had
V izelv remained on board their vessels. Pruvi de ntie! ;3,
they were rescued without the loss of a man. One
collier was, by assistance, got off, and made for
Yarmouth ; the Scout succeeded in getting another
off, but Mter being in deep water half an hour she
filled and went down. The other vessels became total
wrecks, but we Lam they were all insured in the
Northern Clubs. The crews were conveyed to Har-
wich; but we understand that the Shipwreck Society
therefore refused to relieve them, on the ground that,
though applications had frequently been made, the
Newcastle Society refused to refund moneys that had
before been paid in similar cases by the Harwich
Society.• We trust this fearful calamity will show
the necessity that such societies should be on friendly
and honourable terms with each other. Yesterday
(Monday) afternoon, the united crews, amounting to
about thirty men, had a free passage to Ipswich by
the River Queen. The scene on board was of the
most extraordinary and affecting description.
The rough, weather-beaten seamen, who had
gone through the perils of that night with
undaunted courage, were, in the review of it, com-
pletely overwhelmed with gratitude to God for His
mercy in granting them deliverance. For the most part
they were in the fore cabin of the steamer, and at one
time all would be on their knees in devout prayer
and thanksgiving to God, then a suitable hymn
would be read, and the voices of those who had been
saved from the yawning ocean would presently sound
it forth in solemn thanks to God. From port to port
they were entirely occupied in these devotional exer-
cises, and the effect of them, and indeed the whole
scene upon several hardy sons of the ocean who were
on board, will never be forgotten. A subscription
for the seamen was made on board, Mr. G. Ransome
heading the subscription list by a generous sum ; this
gentleman afterwards addressed the wrecked seamen
in very suitable terms. On their arrival in Ips-
wich they proceeded by train to London.--Ipswich
Expre's.

TATTERSALL'S—THIS EVENING
Six o'CLocK.

CHESTER CUP.
50 to 1 agst Whim colt
50 to 1 apt Lady Evelyn
50 to 1 agst Lisrnahagow
66 to 1 Sir Richard
66 to 1 apt the Baroness
66 to 1 apt Hotspur
100 to agst Ki.zsaway

DERBY.
9 to 1 agst Boling-brae
11 to 1 agst Ghillie CAlum
12 to 1 agst Knight of Avenel
20 to 1 agst the Nigger
25 to 1 agst Mildew
33 to 1 agst Mayors
66 to 1 agst The Scvcde

PENTLAND PRITII. DETENTION OF 'ALMS.—
Oaks in the Pentland Frith have f,r some time past
oecatkned great irregularity in the mails between Wick
and Orkney. Oa Thur:dayweek four:een bags were
delivered together; and from :lilt day there were no
bags till Wedne.,,day night last, when also feurteen bags
were crossed to Wick. The weather on the north coast
has been very changeable.—Edinburgh Advertiser.

LAW INTELLIGENCE.

COURT OF QUEENS 13 EIVCII, Dec. 12.

FALSE DirIiISONMENT-COPPLESTON C. DEAN.

TUE STATE CONVICTS.
There never existed a doubt here as to the autbenti
city of the rythmical effusions palmed upon the State
prisoners by a Plymouth or Devonport paper, aq-
cribing curious doggrel to Messrs. Meagher and
O'Brien. The former was as much the author of
"Paddies evermore," in the rendering cf, I believe,
the Devonport paper, as Smith :O'Brien was of an
objurgatory lament on the impracticability of " Ser-
geant Flinn," of the Marines, both of which appeared
some time since in the Irish papers. I have now,
however, a real bona fide letter before me, from the
pen of Patrick O'Donohoe, whose handwriting I have
had fall occasion to know in a professional capacity ;
I, therefore, could vouch for its genuineness with-
out being aware of the fact—as I am—that
it has been forwarded through the " Irish office"
(wherein it was opened) to its destination. I have
been banded the letter by a friend, to whom it was
lent; and I have scarcely a doubt your readers will
peruse it with interest. I transcribe faithfully with-
out mentioning names
" Simon's Bay, Cape of Good Hope,
Thursday, lath September, 1849, seven
in the morning, on board her Majesty's

Mr. Cockburn, Q.C., with whom was Mr. Dacent,
appeared for the plaintiff; Mr. Hunsfrey, Q.C., and
Mr. Lush were for the defendant.
Mr. COCKBURN stated the case. This was an action
for false imprisonment, end would never have been
brought by the plaintiff had the defendant made any
sort of reparation in the way of apology and regret
for the injury which plaintiff had suffered at his hands.
Plaintiff was a respectable young man, acting as town
traveller far Messrs. Grey and Robinson, wine mer-
chants, and in receipt, by his industry and abilities,
of three or four hundred a year. lie was on intimate
terms with the family of the defendant, a wealthy
cheesemonger, residing in Great Tower-street, and
had formed an attachment to defendant's youngest
daughter. The attachment was honourable, and was
reciprocated by the young lady, who was 23 years of
age. Plaintiff was most anxious to marry Miss Dean,
although not desirous to take her from beneath her
father's roof until he could ensure to her those domestic
comforts to which she had been accustomed; but
the defendant set his countenance decidedly against
the proposed union, and affirmed to the plaintiff
that he should never obtain his consent to his
marriage with his daughter. Plaintiff's attachment
was not shaken by the resolution of the young lady's
father, and he trusted that time might induce a
change of that resolution in his favour; and he ac-
cordingly persevered in his suit, and had occasional
interviews with Miss Dean, and it was in connexion
with one of those meetings that the act arose which
led to this action. Plaintiff, in the month of April,
at about six o'clock in the evening, was in company
with Miss Dean, who leant upon his arm, and was
met by the defendant, who addressed some abusive
language to him, and called a policeman, and gave
him into custody. The evening was quite light, and
the plaintiff was marched through the public street
in custody, numerous persons passing at the time,
and taken to the station-house, a distance of a quar-
ter of a mile' from the place he was given in
charge. He was placed in the dock at the sta-
tion-house, in his pessage to which he had to
pass a numerous body of police. The charge made
against him by the defendant was that he
was withdrawing his daughter from his house, and
that he had repeatedly forbidden him from keeping
company with her. The inspector saw the frivolous-
ness of the charge and dismissed it, setting the plain-
tiff' at liberty on the instant. Plaintiff was not
desirous, notwithstanding the indignity offered to him,
to take legal proceedings against the defendant, and
offered to compromise the injury if the defendant
would only make such expression of his regret for the
step he had taken as would satisfy plaintiff's friends
that no imputation attached to his moral character;
but defendant, through his attorney, refused to make
any apology for what he leel done, and plaintiff had
consequently no course open to him but to appeal to a
jury for the obtainment of that redress which the de-
fendant, in the face of such an inquiry, refused him,
and even now he would not press the action further if
the defendant would make An expression of his regret

sloop of war, The Swift.

" My dear-We anchored here last evening at
eight bells,' as they nautically term it for some
unintelligible hour in this unwonted climate,
after a voyage of sixty-five days. The authorities
here have directed that we should be ready to sail
out of this port at twelve o'clock to• day,* so that we
hive merely time to take in fresh water. Mitchel
has not arrived here yet, neither have O'Doherty and
Martin ; and there are serious apprehensions respect
ing Mitchel, particularly lest the vessel he sailed in
was wrecked.
" Short as is my time for writing, I could not
forego the pleasure of sending a line to you, although
I had already desired, in a letter to t, that he
should remember me to you in the most affectionate
manner.

" Our journey, so far, has been tedious, dull, and
dreary. We have been tossed about very much,
nothing but calms and contrary winds, with one or
two slight gales. We were driven to a great distance
into western longitude, and were for many days near
the South American coast. The immense heat an-
noyed us a good deal within the tropics, but it is now
a little cold in these latitudes. Still, we are all in
right good health and spirits—not one bit reduced in
bone and sinew, nor depressed in mind, ready for any
fate that may await us, and cheerfully to suffer all
pains and penalties like Irishmen who are not Infidels.
" The regulations observed on board have been very
strict. Tea, without milk, and biscuit morning and
evening ; salt pork, or junk, with peas'-soup and
prepared beef soup occasionally, for dinner, and two
glasses of sherry wine each per day. The doctor hns
sometimes, very kindly allowed -us a little porter
We rise at six in the morning, and turn into berths
at nine in the evening, being allowed to go on deck,

in court and pay the pldntiff's costs ; but that ex-
pression of regret, it appeared, he was not disposed to
make, trusting rather to the advice that the jury
would give him such nominal damages as would not
carry costs, a hope in which he (Mr. Cockburn)
trusted they would disappoint him. The Learned
Gentlemen then proceeded to call witnesses.
Philip Pride, a City policeman, examined by Mr.
DACEaT, deposed that he knew the defendant, who
resides at 33, Great Tower•street. Remembered
that on the 18th April, about ten minutes before six
in the evening, the defendant addressed him, and told
him to follow him ; that he was about to give a person
in charge. Witness followed, and Mr. Dean said,
" Take that young man into custody." Mr. Dean's
daughter was leaning on Mr. Coppleston at the time,
and witness, acting on the desire of Mr. Dean, took
the young man by the arm, saying he was desired by
Mr. Dean to take him into custcds'. There were
numbers of persons passing at the time. The plaintiff
said, " Don't handle me; I'll walk with you."
They proceeded to the station-house, the young lady
leaning on the plaintiff's arm, the complainant follow-
ing behind them, and several persons passing. On
arriving at the station house, the plaintiff was placed
in the dock, where the .young lady also went, still
leaning on his arm. The defendant on entering was
asked by the inspector what he charged plaintiff with,
and his answer was, " For encouraging my dauglvor
away from my residence, and keeping her out at late
hours." lie added, "Heis a scamp, and a worthless
scoundrel." The inspector asked Mr. Dean what the
young lady's age was, and he answered, " Three-
and-twenty ;" on which the inspector remarked,
"She is capable of taking care of herself," and then
discharged the plaintiff.
Cross-examined by Mr.-HuatritEr —Miss Dean had
hold of Mr. Coppleston's arm all the time, and ac-
companied him in that position to the station-house.
The plaintiff was not detained more than five minutes
n the station-house, when he was discharged.
Mr. Norton, of the firm of plaintiff's attorneys,
proved the professional correspondence on the subject,
and said that the plaintiff was most desirous not to
proceed to extremeties with Mr. Dean, and that it
was stated if he (Mr. Dean) would merely express
his regret for what had takers place it would be per-
fectly satisfactory to the plaintiff. That proi,osition
was not acceded to.

Cross•exa►nined by Mr. lIUMFRET—Mr. Boyd, de-
fendant's attorney, at first said that lit had not had
a definite answer from his client; and at a sulicequimt

time he said that the defendant 111. d done no more than
he ought to lava done for the protection of his
dlughter, and felt himself warranted in giving him

into custody. Mr. Boyd added that Mr. Driai had
repeatedly warned him against keeping company with
is daughter, to whidh he had a strong
Ik-examined by Mr. COCHBURN—Witnefs hal, on
that occasion, expressly stated to Mr. Boyd that the
pl4intiff would be satisfied with a proper explanation ;

Jut Mr. Boyd did not accede to that mode of arrang•
ng the matter. Plaintiff was town travelkr Gre3
Ind Robinson, wine merchants, and was now abut
eight and-twenty years of age.
This closed the plaintiff's case.

client. —The Commissioner (Evans), in consequence
of these representations, allowed the case to stand
over for a considerable time, but at length the Court
decided that, unless Mr. Maclean returned to this
country and surrendered to his fiat on or before a
certain day, he must be treated as a contumacious
bankrupt. Mr. Maclean did not surrender, and he
was consequently outlawed. It was stated that he is
now in Italy with his wife and niece, living upon
their fortunes in splendid style. He was an extensive
mine owner, and speculgt(d largely and unfortunately
in that description of property.
This reacting was held respecting the claim of
Messrs, Bolekow and Vaughan, of Middlesborough-
on-Tees, iron-masters, fur the sum of 11;5001, on
account of a contract for 4,000 tons of railway bar-
' iron. Bills Were given by ihe bankrupts, instead of
cash, for 11,500/. Messrs. J3olckow and Vaughan at-
tempted to prove on them. Mr. Commissioner Evans
rejected the claim, being of opinion that it was one
of I)l:liquidated damages. The matter was then
brought before Vice-Chancellor Knight Bruce, who
thought the case was one of liquidwed damages by
reason of the bills having been given, and be referred

Mr. Hummer, QC., then adiressed the jury for
the defence. The defendant was a respectable man,
carrying on the business of a cheeseinotwer in the
city of London, and was master of the Ilabc'erdesher'
Company, a situation which, the jury was well aware,
he could not get, unless he were a pre per and respect-
able tradesman. He (Mr. Hurnfrey) had not the
experience of that omnipotent pc wer of " Love," wirl)
which his Learned Friend (Mr. Cockburn) was so •
well acquainted, but which he' (Mr. Humfrey) had
now forgotten.—(Laughter.) Ile hoped the jury, as
fathers, would enter into the feelings of the defendant,
who, having previously repeatedly forbidden the
plaintiff from visiting his house, and from keeping
company wi h his daughter, felt naturally, and as a
father, excited at seeing, on the occasion it) question,
that be (plaintiff) had induced her to leave her home,
• and thus influenced, had given him into custody.
Undoubtedly in thus acting he had violated the law,
and must pay some penalty for his error; but ht;, (Mr.
Humfrey) hoped it would be no more than that
" nominal" penalty which his Learned Friend alluded
to, and had, he hoped, a just apprehension that the
jury would only give. In looking calmly at this
case, and in considering the feelings of a father in
relation to the child whom he loved, he (Mr. Hum-
frey) was r.-minded of a beautiful passage, expressed
by one of their most charming poets—
" Some feelings are to mortals given,
With more of earth in them than heaven;
And if there should a human tear
From passion rise, refined and clear,
tear so gentle and so me, k,
That 'twould not stein an angel's cheek,
It is the tear that lathers shed
Upon an obedient, lov'd child's head."
Mr. Justice COLERIDGEI, in summing up, said he
feared Mr. Humfrey's lines were not at all applicable
in this case ; because it was quite clear the child
here was not exactly a dutiful daughter.—(Laughter,
in which Mr. Humfrey joined.) That Mr. Dean
had acted wrong in giving the plaintiff into custody
there could be no doubt ; and it would be for the
jury to say what damages the plaintiff was entitled
to. Undoubtedly, they would not be heavy da-
mages; but then they ought to be such as, without
being excessive, would mark the case, and satisfy the
law.

The jury conferred together, and returned a ver•
diet for the plaintiff—Darnages, 35/.

COURT OF EXCHEQUER, Dec. 12.
VALLEE V. DUMEEQUB.

This was an action to recover a sum of 272,767
francs principal, together with 49,247 francs interest,
amounting together to 322,014 francs, or 14,0001. at
the exchange of 23 francs to the pound sterling, and
was brought upon a judgment delivered in December
1847, by the President of the Cour de Commerce of
the Seine, at Paris.

The Atiorney. General and Mr. Phipson were coun-
t,el for the plaintiff; and Mr. Martin, Mr. Bovill, and
Mr. Needham, for the defendant.

it. to Mr. Commissioner otliour...n to ascertain if any,
and whit damasYes bad accrued by the non•perform-

The defendant, it appeared, was an English gentle-
man of property, who had purchased the equity of
redemption of a share in a company, called the Army
Bed Company, which had entered into a contract
with the French Government to supply beds to the
French army for a term not less than twenty years.
On the termination of the partnership in 1842, the
defendant, as standing in the place of an original
shareholder, was called upon for his share, and was
sued by attachment according to the French law. A
summons was served upon him at the domicile he had
elected, in pursuance of the requirements of the
French law, at the banking-house of Callaghan and
Co., at Paris, and the suit proceeded until the final
judgment was pronounced in it, upon which the pre-
sent action was founded,

The defence was that this judgment had been re-
covered in France verist the defendant was absent,
without any notice to him, and not according to the
French law ; that even supposing the defendant to
have elected a domicile at Callaghan and Co.'s house,
it was for a different purpose, and that the proCeeding
was, in fact, extinguished by the death of one of the
parties in 1832, the domicile having been elected in
1829. The law of France recognised three ways of
serving a summons for such a process. One was at
the bar of the King's (now the President's) Attorney-
Gmeral ; another was at the elected domicile of the
defendant ; and the' third was, at the house of some of
his neighbours, who were to attest the service in a
particuLr manner. None of these formalities had
been observed, it was contended, in a manner to bind
the defendant by the French law.
The defendant's counsel proposed to give the evi-
dence of several eminent French advocates upon these
and other collateral points of foreign jurisprudence,
but this was opposed on behalf of the plaintiff; and
the whole day was passed in arguing the question of
admissibility, reading the material articles of the
French code, and in futile attempts to terminate the
action in its present stage, leaving its final decision
to the full Court.

ante of the contract.

Mr. Ile:ither appeared for the claimants, and Mr.
Cole for the assignees.
Evidence :las gone into to prove that in 1847 iron
was 61. per ton cheaper than at the date of tho
tract (February, 1846), and therefore that 24,000/.
was the amount of the damages, although,
Messrs. Bolchos and Vaughan only claimed 11,5001.,
the amount of the bills.

Ultimately it was settled that a special verdict
should be taken by consent, subject to terms to be
assigned by the full Court of Exchequer, and either
party to be at liberty to tender a bill of exceptions to
the ruling of the Court, so that its decision, if
necesary, might be reviewed by the Exchequer
Chamber.

As the funeral of the Queen Dowager has been
appointed to take place tomorrow (this dsy), the
Court at its rising adjourned until Friday.

SECONDARIES' COUIIT, Dcc.l2.
(Before Mr. Secondary POTTER.)
PEWTRESS V. LIMON.

This was an action to recover the sum of
271. 15s. 2d., the balance of an account due for
newspapers supplied by the plaintiff.
The defendant having suffered judgment to go by
default, the jury were only to assess the damage.
The plaintiff carries on business under the old-
established name of Marlborough and Co., in Ave'-
Marii-lane, as general agents, and the defendant is
a stationer and bookseller at Falmouth. The news-
papers were supplied on the written order of the
defendant, but there was some difficulty in proving
these orders, in consequence of the documents Navin;
been destroyed. The Learned Judge, therefore,
allowed secondary evidence to be given. The wit-
ness proved that the orders had been destroyed, but
he swore positively that he remembered the contents.
A letter was also produced from the defendant, in
which he acknowledged the account, and enclosed a
bank order fur 101.

This being satisfactory proof, the jury found for
the plaintiff. Damages, 271 15s 2d.

COURT OF BANKRUPTCY, Dec. 12.
The cases disposed of before Mr. Commissioner
FONBLANQUE were net of sufficient interest to merit

Mr. Cole said the ast,igness had no knowledge of
the contract, which had never been performed ; that
the gaols had not been delivered ; end that Messrs.
Bolckow and Vaughan had no legal or equitable
claim. They had, in fact, incurred no loss ; and he
called upon the Cuurt to rejtct the proof. No notice
had been given to the rssignees of the contract.
The COMMISSIONEU thought notice ought to have
been given to the assignees, and that Messrs.
Bolekow and Vaughan had not sustained any damage
whatever. Ile would report accordingly to the Vice •
Chancellor.

COURT OF INLAND REVENUE, Mr. 12.
Before HAtcr DAvis, Chairman ; C. J. HER-
RIES, Esq.; and CHARLES PRESSLET, D.q.)
THE QUEEN V JACKSON.

George Jackson, of Old street, St. Luke's, was
charged on an information, or rather a series of infor-
mations, embracing six different counts, with having
in his p:session illicit spirits, -with removing and
dopo3itivg the L.ainE., with retliling illicit spirits, and
with destroying a quantity of spirits for the purpose
of avoiding their legal suizure. The
.perillties were
Lid at I,COO/. _ _

'f his day the court was completely crammed with
chemists and druggists and uii and colourrnen, c ither
defendants in the cases to be beard, or anxious to
learn the result of the first proceedings against a large
and respectable class of persons, who have been to a
great extent the receivers of the produce of illicit
distillation. It appeared these prosecutions had been
urged upon the Government by frequent v.pplications
to the Lords of the Treasury from numerous parties
engaged in the manufacture of French and other
polish, that they have found themselves so completely
undersold in the markets by others that they were
unable to compete with them, and that their trade was
completely ruined.
Dr. Bateman appeared for the Crown; Mr. Lang•
ham for the defence.

Dr. BATSMAN anted the case at great length, the
facts of which are contained in the following evi•

dence :

Mr. Robert East deposed that he was an officer of
Excise, and that on the 2d of August last he went to
the premises of the defendant, who is au oil and
colourman. He saw a man in the shop, and requested
to be furnished with half a pint of French polish and
a gill of "finishing" (i. e., spirits of wine). Having
been served with the polish the man inquired what
" finishing" he would have ; whether he would have
that at the same price as the polish, and brought down
a bottle that smelled strongly of naptha. Witness
not approving of this, the man then remarked that
perhaps he wanted spirit finishing, at ls. the half-pint,
to which witness assented. Ile paid 91 for the polish
and 6d. for the gill of finishing, being at the rate of
163 per gallon. (Specimens of the articles sold were
produced.) Believed the spirits to he of illicit ma-
nufacture, being spirits of wine 53 per cent. over
proof. Having seized upwards of forty stills since
April last he had considerable experience in illicit
distillation, and he had no doubt that this was
made at a private still. The spirits must be more
than 50 over proof, or they would not dissolve
the gum. The duty would, on spirits of this strength,
be lls. 141. per gallon. Spirits of this strength
could not be bought wholesale at less than 17s. per
gallon. Licensed victuallers charge at the rate of
20s. per gallon. Went again to the house on the
25th of August, when he saw the defendant himself.
As before he asked for half a pint of polish and a gill
of " finishing," with which the defendant immediately
served him. The spirits he now received were .51 per
cent. over proof. Believed that these were illicit
spirits also. On each occasion Mr. Elmy, another
officer remained outside, having previously seen his
empty bottles before going in, and their contents
when he came out. On the 4th of September, Messrs.
Pape and Dance, surveying-examiners-general, went
to the house with a search warrant, and acquainted
the defendant that they had come to ascertain what
spirits he had on the premises. He then took them
upstairs, and in a room at the top of the
house, under a heap of papers, they found a
two-gallon bottle of spirits of wine. The cork
was tied over with tape. a piece of sealing-wax
being on the top, rudely placed. He bad never seen
spirits sent out in such a way before. The name
of " Grimble, Albany-street, Regent's-park," was
stamped on the bottle. He then cut the string, and
examined the contents, which he believed to be illicit
spirits, but of a very superior kind. On going down
stairs, Mr. Jackson went behind his counter, and
lifting down a bottle from a shelf, dropped it cn the
ground, and broke it to pieces. This bottle was
taken from the back of the shelf. Witness examined
the fragments of the broken bottle, end the liquor
that ha-i been spilled, and it was his decided opinion
that this also was illicitly manufactured, ranky and
very strong. He had not asked the defendant to take
down any particular bottle. Mr. Pape remonstrated
with him for breaking the bottle, and be then said it
was an accident. Upon this, the defendant made an
excuse for retiring, and shortly after was observed to
give some directions to a boy, who immediately after
left the house. He went into the street, awl endea-
voured to pull from near the door a small hamper, into
an adjoining house. Mr. Dance prevented him from
doing so, and on examining it, it was found to contain
French polish and spirit varnish. They searched the
shop and also the back parlour,lwhere they found a quan-
tity of coloured spirits. While they were examining
the back parlour they found a bill of parcels for spirits.
Amongst the items in the bill was one for two gallons
of " thin" (spirits of wine), at Os. a gallon. Witness
asked whether any of the articles there came within
the invoice, upon which the defendant pointed some
out. The defendant also produced some permits for
spirits from Messrs. Grimble, the rectifiers, for va-
rious quantities, but these did not agree with the
quality of the spirits seized.
Cross-examined by Mr. LAssOUAM—Believed the
dropping of the bottle on the floor was not acci-
dental. Why he asked for " finishing" was, because
he knew that spirits of wine were sold by that name
in the trade.
Mr. B. Elmy corroborated this evidence.
Mr. Richard Pape, surveying-examiner-general,
said he went to the defendant's in company with Mr.
Dance and Mr. East, and showed him the search war-
rant, which be read, and they then made the search
as described by the last witmess. On their return to
the shop, he charged the defendant with deliberately
breaking the Lbottle of spirits. He said he bought
the spirits of a man named Pitchford.
Mr. Dance also asserted that the bottle thrown
down was a wilful breakage.
Mr. Young, analytical chemist to the Board of
Excise, said that he had analyzed a bottle of French
polish, which contained 9 10ths of spirits 50 per cent.
over proof. He bad made these examinations by
means of caustic potash, brought to the original bull
by water., The principal ingredient of this polish
was spirit: e
Itiiia:rioare, of Cornwall-road, a varnish
,n4anufacturer, stated that he was a maker of French
potits'lniliri-Shellic and other gums and spirits of wine.
If the spirits were duty paid they were worth 17s.
per gallon. Polishers use spirits of wine, that they
term " finishing." Surreptitious spirits are in the
market to a great extent.
Mr. Clarke, of St. John. street, Smithfield, deposed
that it 'NM impossible to sell spirits at 9s. per gallon.
He had declined the business in consequence of his
inability to meet the competition.
This was the case for the prosecution.
Mr. LANGLIAM then addressed the Court for the
defendant, and contended that his client was not aware
that the spirits seized were illicitly made, and even if
they were, his client wal at liberty to receive them,
as he had no right to question the seller as to their
legality. In support of his view he quoted the case of
" The Attorney General v. Bailey," in the Ist volume
of Welsby's Reports, upon a hich the Judges had
given their unanimous opinion in fevour of the de•
fend an t.

not ice.

Before Mr. Commissioner GOULBURN there was a
meeting

---Dr. I,4.T.EmAN reminded his Learned Friend that
an Act was passed in 1848 on purpose to remedy
this defect of the law.

IN THE MATTER OF DONALD AIACLEAN.

Donald Naolean was formerly Mender for Ox-

ftrd, r( siding at Wilton Castle, in the county of Mr. LANonAm, on being shown the Act, expressed
Durham. He failed for 140,0001., or thereabouts,,i hig ignorance that such was in existence, so quietly
end the available assets are adequate to only a very were excise Acts smuggled through Parliament. Ha
small dividend. The case has been repeatedly before j then went on to argue that several counts in the in-
the Court. Mr. Lawrence upon several occasions dic!.ment were not at all sustained by evidence, and
urged the Court to postpone the last examination for those that were he hoped a very mitigated penal
meeting, on account of the alleged illness of his would be given.

Several— witnesses were called for the defence,
amongst the rest being a little boy who could scarcely
look over the top of the witness-box, being in the
service of the defendant, who admitted, on cross-
examination, having sold spirits, for which ho was
censured by his master.
Dr. 13AMMIN having replied at length upon the
whole case,
The COURT said that they had given the most
patient attention to the case, and they were unable to
discover that any of the counts were not proved. It
had been clearly proves that the illicit spirits had
bern brought from Pitchford's, and they found no
defect in the ether parts of the information. There-
fore, believing that all the counts had been fully
proved, the Court should give judgment in the full
prialry of 1,000/. 11 the defendant should deem fit
to pre sett a memorial to the Board for mitigation, it
v ould, of course, receive such attention as the case
deserved.
John Ilarria, chemist, 33, Beech street, Barbican,
was charged upon a similar information, with having
in his po!se:tsion and retailing illicit spirits
Dr. Bateman prosecuted ; Mr. Child appeared for

:he defendant. - -
The evidence went to show that the defendant sold

:o Mr. East, an officer, a quantity of illicit spirits on

.wo ocoa!ions, slightly impregnated with- French
polish and dragon's blood. The spirits were 50 pet
cEnt. over proof. He purchased the spirits below the
wholesale price.
The witness was cro37, examined by Mr. Child at
great length, who af:erwards addressed the Court,
contending that his client had produced a large num•
berof permits for the spirits he sold, and that he bad

no idea of evading the
The Court gave judgment in the penalty of 200//.
Several other cases of a similar description were
then disposed of, the parties being fined in various
amounts of penalties, amounting in the gross to
upwards of 2,000/.
At a wry late hour the Court adjourned.