The Sun.
London, England, 1849-05-14 00:00:00

LAW INTELLIGENCE.
COURT OF .EXCHEQUER, May 12.
(Sittings at Nisi Prius at Westminster, before the CHIE:
BARON and a Special Jury.)
ATTORNEY•GENERAL V. SIIILLIBEER.

This was an information filed at the instance of the
Crown, for not paying the necessary excise duty upon
horses let out for hire by the defendant, for the purpose
of conducting funerals.
The Solicitor-General and Mr. Watson appeared for
the Crown, and Mr. Shillibeer conducted his own defence.
It appeared that under the 2d and 3d of William IV.,
c. 120, a person letting out a vehicle for hire has it at his
option to pay the excise duty, either at the rate of lid.
per mile, or by paying one-fifth of the whole amount of
hire ; and a considerable number of cases were proved
against the defendant, in which he had returned a much
smaller amount to the Excise than that which he had
charged to the customer. There were altogether twenty-
four different cases against him, and by each of which he
rendered himself liable to a penalty of 201.
The defendant complained of not being supplied
with the necessary information by the Crown to enable
him to conduct his defence, and that he had been prose-
cuted a second time for the same offence, the first action
having failed, and obliged to incur an enormous expense.
He said that he had no intention whatever to commit
any wilful fraud, and that he had repeatedly asked the
officers of the Excise, if he were wrong with respect to the
duty, to put him right, but they refused to do so, and he
believed, in fact, that they did not know themselves
what was the proper amount of duty. He contended
that, being an undertaker, and having his own horses, he
was no more entitled to pay duty than a wine merchant,
a coal merchant, or any other tradesman who kept a
horse to carry on his business, and most of the cases
against him were for horses used in his own jobs. He
had been the means of giving a revenue of about
400,0002 per annum, by his introduction of omnibuses,
and this was the return he met with—persecution.
There were great doubts as to the law, and all he wanted
was to have the law declared by the Court of Exche-
quer, not only for his own guidance, but for the guidance
of the postmasters throughout the kingdom. But with
all his offers and all his efforts with the Commissioners
of Excise, he had been unable to accomplish his object.
Why should they not have a special case argued and the
judgment of the Court taken upon it? The question
would then be settled as to the construction of the Act
of Parliament. If his opinion were wrong he was
dcleufietnedraenatdythetno pay,bseuvt lt the matter
erealclauseso be settled.
ftheAc every
two of which having application to the same point, con-
tradicted each other, and argued that there ought to be
a settlement of the variances which those different
clauses of themselves created.
The Loan CHIEF BARON left the matter to the jury,
remarking that the defendant, ably as he had con-
ducted his case, must understand that it was not be-
cause he had combined the two callings of postmaster
and undertaker, that he was to evade the payment of
the duty as directed by the statute. The defendant had
been placed in a different position, no doubt, to other
persons furnishing funerals, because he had combined
in his own person the undertaker and the postmaster,
but still it was quite clear that he was in the latter
character subject to the post-horse duty. The questions
then were, whether in that capacity he had neglected
to make the proper returns, and whether he had made a
fraudulent return. The defendant was mistaken in his
view as to charging himself only at the rate of ss. a
horse; he must charge himself at a reasonable rate, such
as he would charge to a customer.
The jury consulted for halt an hour and then retired,
and after an absence of ten minutes, came into court with
a verdict for the Crown for one penalty of 201. on the
second count, and for one penalty of 501. on the sixth
count. They also said that in their opinion the de•
fendant had done all he could to gain such information
from the Excise as would enable him to make the proper
returns.

The court was crowded the whole of the day by per.
sons who were interested in the result.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET. _

Saturday being fixed by Mr. Hardwick for giving
judgment in the case of the Royal Be!grave Lying-
in Institution, the defendant, James Locke, senior,
and his three sons, Edwin, James, junior, and George
Curtis Locke, for conspiring together to obtain money
by false and fraudulent pretences, were placed at the
bar. The evidence against the defendants has already
been before the public.
Mr. Reynolds, who wail appointed by Government
to attend to the prosecution, addressed Mr. Hard.
wick, and said that as Mr. Parry, the counsel for the
prisoners, had thrown a doubt on the summary
jurisdiction of the Court, he had looked into
it the ob-
jection, and had cases in point to show that was not
tenable.
Mr. HARDWICK then proceeded at very consider-
able length to comment upon the facts of the case as
produced in evidence. The specific charge (he said)
against the prisoners came under the sth George IV.,
commonly called the Vagrant Act, by which the
endeavouring to procure charitable contributions
of any nature or kind under false or fraudulent
pretences is made an offence punishable with three
months' imprisonment. He could entertain no doubt
of the guilt of the prisoners. At the same time he
felt that the sentence he was about to pronounce was
inadequate to the offence. But there would be so
much trouble to parties to come forward and give
evidence, that on that ground alone he dealt with the
case there instead of sending it to a jury. He there-
fore convicted the prisoners of the offence with which
they were charged, and they must stand committed
to the House of Correction, each for three calendar
months.

Mr. Bransconibe, the solicitor of the prisoners, inti-
mated that he should appeal against the decision.
The prisoners, who appeared to he very much af-
fected at their situation, were then removed from the
bar.

RICHMOND.
In 1845, Kew Church was entered by thieves, and
an iron chest, containing the parish registers from the
reign of Queen Anne and other papers of importance,
were stolen. Two men, named Stanton and Tilhey
were placed at the bar on a charge of stealing the
same. They both denied any knowledge of the rob-
bery.
Inspector O'Brien deposed, that from information
he received he proceeded to the house of Tilbey, who
keeps a coffee-house at 11, Great James-street, Lis-
son-grove, Paddington, and there found a tin case
which fitted the iron chest, and contained, at the time
of the robbery, the certificates of all the burials since
the erection of the church. Tilbey said it had been
given to him by Stanton, who told him, at the time,
that the case came from a church.

saidan
t Spiller,
eeb dwpattfi
eooes
mofosnffNppetereororea
e.
vkadel,cno7,
The parties were apprehended on Tuesday last,
d
and on Saturday William Hart was implicated in the
chargs.
StantonH a rwc oaus rht -esrt rbereot 411:elra. ryslhe
She
had
afpctathhhp.
eeeomyrffis
cwge
:ettr whichtheian
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teahldi oenentpgoianerdtany
aos
bonSeu,s
ptahraaordcuchebhulle,reactrhods,
she
haeaki
ns
they belonged to might get them. She did not know
the name of the church. This was about four years
since. From time to time she offered to take them.
On one occasion she went into Mrs. Stanton's house,
when she said she was burning the papers, but she
did not see them. Why she interfered was to prevent
her brother, the prisoner Stanton, getting into
trouble. She once heard the name of the church.
Thought it was Kew.
Elizabeth Stanton, a good-looking young woman,
who appeared to have gone through a great deal of
trouble, said that she was the wife of the prisoner
Stanton. She had not spoken to the witness Spiller,
or any one else, about burning the papers. She
left her husband three weeks before Christmas,
and at that time lived at 14, Bell-street, Lisson-grove.
Was never a party to burning any papers. An iron
chest was brought to their house one Saturday even-
ing, about four years since. It was not opened in
her presence, and she Was from home when it was
brought, It was not a very large one, and it re-
mained in the house about three days. She did not
know who took it away, and never saw any of its
contents. The tin case she had not seen till that
morning. She knew that the iron chest came from
Kew Church. Never saw Hart to her knowledge.
Another man, not in custody, used to meet Stanton.
Witness had heard the person who called on Stanton
addressed as Hart.
Matthew Crawfurd, a cab-driver, badge 4,124, was
called to prove that be had taken the iron chest from
Kew to the prisoner Stanton's house; but although
he evidently knew more than he chose to divulge, he
was proof against the interrogatories put to him,
and nothing of importance could be extracted from his
evidence.

Inspector O'Brien now asked for a further remand,
which was granted.
There is no doubt that the documents which were
in the iron chest have been all destroyed.

THE WEATHER.—The continuance of north-
easterly winds has had the effect of checking the pro-
gress of vegetation to a greater degree than might have
b en expected. The atmosphere. indeed, for several
days past, has been remarkably chill and ungenial, par-
ticularly during the night. The days, too, have been
very gloomy; and if occasional sunbeams have prevailed,
diffusing an agreeable warmth, their sudden withdrawal
has been suss, eded by a chilliness more indicative of
March than the merry month of May; and these sud
den changes have proved anything but beneficial to
health. It', however, vegetation has not, under the cir-
cumstances, made rapid advances, little comparative in-
jury has been occasioned.—Leeds Mercury.
The Steeplechase horse Hieover, while out exer-
cising on Thursday. at Liverpool, jumped upon a hurdle,
and was staked. He is likely, however, to recover.
RovaT ARTILLERY.--WooLlvicH, MAT IT,--The
officers of the Royal Artillery gave a grand ball last
evening, at their splendid mess. room at Woolwich bar-
racks, and upwards of 700 persons were present on the
occasion, presenting a most brilliant assemblage, the ele-
ganpe of,the dresses of the ladies I,ontragting beautifully
with the Y.vied 6sil;caea cl the away and navy. Rear.
Admiral Sir James Gordon, Lieutenant-Gover-
nor of Greenwich Hospital, Commodore Henry Eden,
and a number of officers of the guards, cavalry, aacl lisp
regiments were present.

DINNER TO CELEBRATE THE
RETURN OF MR. ROEBUCK.

Upwards of ninety staunch Liberals of Bath as-
sembled at the Gloucester Inn on Thursday evening,
to celebrate the return of J. A. Roebuck, Esq., as
M.P. for Sheffield. A good dinner formed the sub-
stantial preface to the loyal toasts ; after which

The Chairman, Mr. GEORGE EDWARDS, in pro-
posing the toast of the evening, observed that they
were met for the special purpose of expressing their
cordial and grateful remembrance of a person who for
many years had reigned in the hearts and memories
of them all. He was sure they would anticipate that
person's name, and that in saying what he had he
expressed the sentiments of every gentleman present.
It was an individual who was now raised upon a
pinnacle of fame that a month ago they little ex-
pected—he meant their respected, very respected, ex-
Member, J. Arthur Roebuck, Esq.—(Loud cheers.)
When they remembered, as he was sure they must,
that gentleman's first entrance into their city, not
seeking them, but they seeking him—when they re-
membered the noble principles he then enunciated,
when they recollected his honest and straight-
forward course during his long connexion with
them, and that when he left them it was without a
spot or blemish upon his character—he was sure
the name of that gentleman must call forth their
most hearty responses.—(Applause.) No great
principle had he ever forsaken ; but as Mr. Roebuck
was when he came to them, so did he continue up to
his return for Sheffield. He had represented them in
the House of Commons for fifteen long years, with
the exception of one short interval, occasioned by cir-
cumstanceswhich
usoevreeratedin x
theytheir
hadeuu
connexion
e uh
control;u d
and
butthe
tthe
vacuum e
effect of raising him in their estimation, because it
had never induced him to swerve from the straight
path of duty and right. It was a pleasing recollec-
tion to him; and he could not refrain from mentioning
it, although he knew it was fulsome to speak of one's
self, that he was one of the twelve individuals, who,
believing Mr. Roebuck was the right man, introduced
him as a candidate for the representation of this city.
He had never had cause to regret the course he took
on that occasion, or the success which attended Mr.
Roebuck's first appearance amongst them. Great
changes had occurred since that time. When Mr.
Roebuck proclaimed at the Rooms the progress of re-
form, and pointed out the great changes that would
take place, many of his views were considered by some
of his best friends to be Utopian; but since that time
most, if not all, of the great changes he predicted have
been with his aid fully realised. When he looked at
the banner on the wall before him he might ask, was
not one of Mr. Roebuck's declarations that the duty on
foreign corn must be repealed ? And now they had
much to be thankful for, that that accursed tax had
been taken off the shoulders of the people.—(Cheers.)
Then there was sugar. Was it not now reduced so as
to be within the means of almost every man ? He
might mention many great changes of an equally
beneficial character, of all of which Mr. Roebuck had
not merely been an observer, but an active and:able
promoter. Notwithstanding they had lost that gen-
tleman as their representative, he was sure it must be
pleasing to all of them to meet, as they then did, with
hearts warmed by the knowledge that he was that
night again in the House of Commons to advocate the
rights of the people. He had watched Mr. Roebuck's
career from his first entrance into public life till the
present time. He was free to confess also that he
had sometimes thought him in the wrong ; but when
he compared the thoughts of his own mind with the
lofty intellect of Mr. Roebuck, he was content to wait
patiently the result of many questions upon which
they differed, and when he saw the result be fre-
quently found that that in which he had deemed Mr.
Roebuck wrong was the right after all. When he
heard that Mr. Roebuck was about to be elected Mem-
ber for Sheffield, he and his friend on his right re-
solved to see the keystone fixed, and they accordingly
took a trip to the north for that purpose. And never
had he a more pleasing duty, because he found a
constituency who were capable of appreciating the
character, the intellect, and the honesty of Mr. Roe-
buck. The constituency of Sheffield was a fit con-
stituency for Mr. Roebuck, as he was a fit representa-
tive for them ; they were honest and independent,
and he was equally bold and honest in the declaration
of his sentiments. At the same time he could assure
them the Bath constituency would never be forgotten
by Mr. Roebuck. He had accompanied him to
London after his, election, and the last words he said
to him were, addressing him in his usually familiar
style, " My dear George Edwards, present my best
respects to my early and faithful constituents at Bath."
He said also, " Whilst I express that with regard to
Bath, I regret I was obliged to find new friends." He
(Mr. Edwards) felt fully convinced that in the
course Mr. Roebuck had 'begun he would con-
tinue. If, therefbre, anything had been said in
the heat of debate, or upon the hustings, capable of
misconstructicn, he hoped his friends would suspend
their judgment upon his words for a short time
until they saw his acts.—(Cheers.) His conduct
towards them for twelve or thirteen years had been a
constant proof of his honesty, and should they in a
moment without proof condemn him for dishonesty ?
He hoped to see Mr. Roebuck ere long raised to a
higher position in the Legislature than a mere
Member of the House of Commons. There were
some who said they would not have a friend of
the people take office in the Government. There
were, however, two great distinctions to be made
upon this question. One was the finding offices for
men ; the other was finding men qualified to fill the
offices. He believed Mr. Roebuck was qualified to
fill any of the important offices of Government. Why
then should he not do so ? Because he was the friend
of the people? Surely that was no reason for de-
priving a man of honour, and allowing another less
qualified and less honest to fill the place for which by
abilities he was suited.—(Cbeers.) He hoped the
time would come when the Government would be
such that Mr. Roebuck would be found
one of the administration of this coun.
try for the purpose of carrying out measures for the
good of the people. It was, however, said by some
that when a man took office he was stripped of his
independence. That was too often the case, but it
would not be the case with Mr. Roebuck, for he
would not take such an office. But, qualified as Mr.
Roebuck was, he could see no reason, if an oppor-
tunity occurred, why he should not be raised to the
government of the country.—(Cheers.) He would
not detain them longer, but at once propose " Health,
happiness, and long life to John Arthur Roebuck
Esq., M.P. for Sheffield."—(Cheers.) ,
" The health of the 1,093 honest and independent
electors of Bath who voted for Mr. Roebuck at the
last election," " The liberal members of the town
council," and other toasts, were drunk with en-
thusiasm.

There were dinners in celebration of the same
event at the Chatham House, the Cabinet Makers'
Arms, and several other places in Bath, on the same
evening.

FIRING AT A RAILWAY TRAlN.—George Skelton
and George Edge, two well-dressed youths, about six-
teen years of age, clerks in a mercantile office in the
City, were charged at the Ilford petty sessions, on Sa-
turday, with firing a pistol at a passenger train on the
Eastern Counties Railway, near the Forest Gate Station.
Mr. Chadwick, the superintendent of the signals on the
lin, was present to watch the proceedings on behalf of
the company, and Mr. Pelham, the solicitor, appeared
for the prisoners. The delinquents were charged under
the Railway Companies' Act " with obstructing the pas-
sage of the railway;" but the bench decided that the
charge could not be sustained under that statute, and
the chairman said the prisoners must be charged, either
under Lord Seymour's Act or the Police Act, as it
clearly appeared that the offence was committed on the
public highway. He (the Chairman) must hear the
charge under the Police Act. Mr. Pelham said the
prisoners would plead guilty to the charge of firing off
a pistol. They were schoolfellows, and were most re-
spectably connected. On the day in question they •i-
-sited their old schoolmaster, and took with them an

old pistol and some powder to amuse themselves in
the fields. They did not intend to fire at the train.
The carriages passed as one of them was extending
the pistol in his right hand. The youths were very
sorry for what they had done, and had assured him they
had no intention of alarming the passengers. They re-
gretted having been guilty of such a foolish act, and
were willing to offer any apology to the passengers. The
Chairman said, that had it been proved that the act'wv
wilfully done, or any harm was intended, the prisoners
would have been sent to the sessions for trial. The bench
were inclined to believe that the act was not done wan-
tonly or maliciously, and that a fine would answer the
ends of justice. He then fined the prisoners 20s. each,
and cautioned them, in an impressive manner, as to their
future conduct. If the offence was repeated they would
meet with severe punishment. The penalties were im-
mediately paid.

• ACCIDENT ON THE NORTH KENT RAILWAY.--OD
Saturday last a serious accident took place on the line
of the North Kent Railway. It appears that for some
time pst a large number of workmen have been en-
gaged in forming a tunnel near the White Horse Inn,
Charlton, Kent: and on Saturday morning, about eleven
o'clock, several of the labourers were at work at the
east end of the tunnel, when an immense body of earth
fell upon them with a fearful crash, burying them be-
neath its weight. An alarm was instantly given, awl no
time was lo3t in getting a large body of men to the spot,
who set to work and fortunately soon released the men
from their perilous position, but not before they were
shockingly injured, and one of them so much mutilated
that very faint hopes are given of his li'e. The latter
(George Brown) had both legs fractured, his arms alio
brOken, together with various contusions on the upper
part of his person. A surgeon was called to the unfor-
tunate men, and after he had dressed their wounds those
that were slightly injured were removed to their respez-
tive homes, but the poor man (Brown) was placed in a
fly and taken to the accident ward of Guy's Hospital,
where he now lies (under the dare of the house surgeon)
in a precarious eniliiion.
The S4cat Committee on ho Irish PoGr-law in
tiallouse of Commons passed is resolution on Friday in
favour of the principle of a umAilltual rate.