The Sun.
London, England, 1841-01-11 00:00:00

LAW INTELLIGENCE.

COURT OF EXCISE, .I.IN. Q.

Oa Saturday Mr. May, the Solicitor of this Court,
communicated to the Honourable Commissioner, Sr
John Mortlock,and others, the result of a trial whieh oc-
cupied three days at Devizes, before 11. Ludlow Bru-
ges, Esq., M.P., T. H. Sotheran, Esq., M.P., and three
other Magistrates. The following are the particulars of
this extraordinary case :—During the summer months of
'ast year a number of persons were engaged by a gen-
deman named Palmer, resident in the above borough,
gather hawthorn leaves and sloe leaves, and it being
rumoured that they were to be used tor an illegal pur
aose. information was forwatalad to the Gov: rornant,
and Mr. Golding Bird, a gentleman of great experience,
who has been connected with the Excise Department
more than thirty years, was despatched to that dis-
trict to make an investigation. He visited Mr. Pal-
ncr, and, on searching his premises, in a back kitchen
discovered 17 boxes filled with something which at
:first sight he took to be tea, but on close examination
ae saw that it was dried sloe and hawthorn leaves. In
building in the garden he seized two other boxes.
of similar stuff. Each box was marked with the
veight and tare. The weight of the whole was 1,2301b5.
The place where the two boxes were found was fiated
ip as a complete manufactory of making stuff sold as
on. There were in it stoves, boilers; sieves of diff,,rent
:.z•cs to sift the leaves, and all other necessary articles.
Nis. Palmer sail that he was not aware he had been
loing wrong, adding that he had been engaged by Mr.
llcale, of Miecing-lane, City, to manufacture the tea,
o❑ whose premises Mr. Golding Bird had also seized
!Orty-five hogsheads of leaves, prepared in imitation of
tea. The samples were produced by Mr. Bird. The
common observer, he said, might be deceived by its
•appearance. 1.1.3 also exhibited a sample of four-fifths
of tea, or four-fifths of the article: seized, that would de-
:taive an oxperieneed person. Another sample, in the
,aroportion of one-fourth of the manufactured rubbish,
could deceive the common purchaser; and another, of
two-thirds leaves and one-third tea, would, in his opi-
oian, even deceive many persons. The defendant told
Mr. Bird that he paid the persons he had employed a
2enny for every pound they had brought him. The in-
formation upon which the defendant was charged con-
•ained twelve counts. It was laid under the 17th Geo.
111., c. 29, which states that if any person manufactures
any leaves in imitation of tea, he shall forfeit for every
Quota(' of such leaves the sum of 51., and upon non-pay
alcut be committed to the common gaol for twelve months
13y another section of the Act it is enacted, that if any
person has in his or her possession any quantity of leaves
(exceeding Gibs.), whother green or manqfactured, and
shall not prove before a Justice that they were not
aathered ether than for the purpose of manufacturing
also same in imitation of tea, he or she, on conviction,
:,all likewise be fined in the sum of 5/. for every pound
of leaves so seized. The prosecution was conducted by
\lr. Stone, the barrister, and Mr. Ma)llw, the solicitor;
and the defendant found a powerful advocate in Coun-
sellor Smith. Only two witnesses were examined for
the Crown. The defendant called is number of persons
,an his behalf, chiefly to show that he had not been car-
•ying on the manufactory clandestinely.
The CHAIRMAN, in summing up, said that the only
question was, had Mr. Palmer offended the law. The
Court had no hesitation in saying that he had, and con-
v;etion must. follow to the amount of the penalties,
amounting to 1,200/.

Mr. MAYnEw said the Court would be satisfied with
one penalty of 200/.

The COURT thee gave judgment to that amount.
Mr. MAYHEW would have proceeded with another in-
formation, but on the defendant undertaking not to give
any further trouble to the Excise, and to pay the fine
already imposed, it was withdrawn.
There are several other informations to be heard,
implicating same of the first wholesale dealers of the
metropolis.

INSOLVENT DEBTORS' GOURT, .LIAT. 9.
Mr. James Christie Whyte, described as late of
Bedford-street, Bedford-square, author, and occasion-
ly selling wine on commission, and general commis-
sion-agent, and also a Director of the Universal Cement
Company, the British Galvanization of Metals' Com-
pany, the Landon Grand Junction Rail way Company,
the Safety Cabriolet and Two-wheel Carriage Com-
pany, appeared on his petition to be discharged. He
was opposed by Mr. Dowse, on the part of Mrs. Fen-
ded, of Fendali's Hotel, Westminster, and Mr. flume,
a general merchant, and Mr. Bell, discounter, Barriers-
street, Oxford-street. lie was supported by Mr.
Cooke, with Mr. Woodroffe.

Tile insolvent, it appeared, had resided at Fendall's
Hive!, where he was very ill, and contracted a debt,
for which he gave several promissory notes. He had
been engaged by Mr. Colburn, the publisher, to write
the " History of the British Turf," which work had
been published. He bad received 170/. from Mr. Col.
burn, and said he was entitled to receive 501. more.
Mr. Cooke read the agreement made by the insolvent
and Mr. Colburn for the " History of the British Turf."
It was to the effect that Mr. Colburn should give 1501.,
in six payments, for 1,200 copies ; .501. more when the
sale reached 2,000 copies, and 1001. on a new edition ;
a sum of 20/. to be gi►en towards the expenses in col-
lecting the materials for the work.

The insolvent stated that the work was not completed
by the appointed time. He said he had not the means
to pay the notes held by Mrs. Feudal! ; and when she
offered to take 10s. in the pound he had not the means
of paying the money.
Mr. Dowse said he had no case on the part of Mrs.
nodal!, and the witness he required in the other oppo-
sition was not in attendance. The insolvent would,
however, file the agreement in Court made with Mr.
Colburn.

The CouRT ordered the agreement to be filed, and;the
case was just about to be disposed of, when the witness
required made his appearance.
The proceedings in the action, " Hume v. Whyte,'
were produced by an officer of the Court of Common
Pleas. The action was brought on a bill of exchange
for 2001., indorsed by one Hayes to Mr. Hume. The
plea was, that it was indorsed to the plaintiff for an
usurious consideration. The action was undefended,
and a verdict was given for the amount claimed. The
costs amounted to '261. Bs.

James Calverhouse, the material witness, said he
had the management of the action in question. If the
action hal not been pleaded to, the costs would have
been about 8/. Mr. Hume was a gilder, and occasion-
ally di I! )unted bills. The witness spoke very low, and
Mr. Cooke toll him it was the frost he supposed that
prcvc C ;c1 him, but when the thaw came they should
have it all.—(A laugh,) He did not know that 40 per
cent. had been taken as discount.

The insolvent was examined by his counsel, Mr.
Cooke. He stated that Hayes WAS a discolnt age nt.
Mr. Hume held three of his bills for about 1301. ; the 3
were drawn by Hayes, and accepted by him (the in-
solvent) ; when the first bill was discounted he lodged
seine wine-warrants as security. The rate of interest
charged was between 2s. and 3s. in the pound. Ha
was a Director of the British Galvanization Company,
and deposited as security, which he gave td Hayes, 60
shares, which were then worth 2/. each.

Tilt; CHIEF CommissioNEß asked what the shares
were now worth ?

Mr. Cooke—l suppose the Company does not exist
notv ?

Insolvent—No ; he said ther,-, had been a patent
,or it, which was once worth 1,0001. The three bills
had been twice renewed, and money paid. An action
was afterwards brought, and then a bill for 2001. was
4iven, with further security. He was advised by his
attorney to defend the action on the ground of usury.
The Learned CHIEF COMMISSIONER, in giving the
opinion of the Court, said, that in looking over the
bill of costs of the attorney who pleaded, it did appear
that the insolvent had a ;bona fide ;intention to end
the action on legal grounds, and the Court could not,
therefore, say that the defence was " vexatious."
The Court ordered him to be thscharged.

POLICE INTELLIGENCE.

MANSION-ISO USE.

On Saturday the Justice-room was crowded by per-
sons anxious to witness the examination of Rickard
Moore, a young man of most respectable appearance
and address, who stood cbarged with having uttered
forged country bank notes for 525/. at a gambling house
ftept by a man named 'Thompson, at No. 7, Leicester-
•quare, and with also having:uttered forged country bank
notes at a gambling house kept by ono Thomas Cook,
in the Strand.

Great interest was excited by the ingenious nature of
the forged instruments. Mr. Bodkin, the barrister, at-
tended for the prosecution, and Mr. Woolfe, from the
office of Mr. Flower, appeared for the prisoner. Sir
Peter Laurie presided.

Mr. Bodkin said that this remarkable case had some
days ago bewn so far opened as to give a general notion
of the character of the offences which had been perpe-
trated by the prisoner. The prisoner had gone to the
house of Thompson, in Leicester-square, and played
against the bank with several notes purporting to be
the issue of various banking-houses in the country.
Having lost a large sum of money, he paid in these
country notes, of which no suspicion was entertained,
:Ind Thompson, on going to get some of them cashed in
the city next day, was apprvbendeci by Daniel Forres-
ter, who soon afterwards apprehended the prisoner.
Other notes, which had been lost by the prisoner at
Cook's gambling-house, were also presented at banking
houses in the city.
Thomas Gook stated that the prisoner walked into his
house for the first time on the 31st of December, hav-
ing, he believed, followed a gentleman who was known
there. The prisoner played at 100, and woa for some
time; at last the tide turned against him, and he lost a
considerable sum. The notes he played with circulated
round the table, at which witness also played. Witness
discounted the notes won by the other gentlemen from
the prisoner to the amount of 431., nine notes of 5/.
each; an .1 'nr, hie wif re the 19t of .Is.nup.,•:. into ttR
city, to the banking-houses at which they were made
payable. After the departure at' his wife, he received a
letter from the prisoner, informing him that the notes