The Sun.
London, England, 1846-12-24 00:00:00

COURT OF EXCHEQUER, Dec. 23.

CLARK V. NEWSOM-FALSE IMPRISONMENT ON A CHARGE
OF FORGING RAILWAY SCRIP.

(Continued from our Afternoon Editionof yesterday.)
Mr. Edwards was present at the time the plaintiff was
given into custody, and the plaintiff offered to pay down
101., and to deposit some Indian sei ip as security with
Mr. Robins for the payment of the remainder, but upon
the arrival of Mr. Newsom (the defendant) who came in
at the time when the °ITT was made, he (the defendant)
said, " No, no, this will not do ; it is necessary for the
character of Mr. Robins, and due to his position on the
Exchange. that the affair should be publicly inves-
tigated, and that he would be no party to any private
arrangement of the matter." Witness also attended at
the Guildhall during the hearing of the case. The de-
fendant did not in the least degree oppose the release of
the plaintiff from custody on bail ; it was entirely the
decision of the magistrate, who refused to accept bail.
There was no angry feeling on the part of the defendant,
and the plaintiff did not in any degree complain of his
being given in charge.
Sir F. THESIGER having replied,
The LORD CHIEF BARON, in summing up, said, that
in point of law, if the defendant was guilty, he was only
to be held liable for that portion of the injury complained
of which arose from taking the plaintiff from the
office to the station-house, and thence to Guildhall; but
after the arrival of the plaintiff at Guildhall he was en-
tirely out of the hands of the defendant, and what took
place after was done under the law; and if lie (the
Lord Chief Baron) had been in the situation of the
plaintiff, and had b:.en the instrument of uttering
forged documents, and was taken, as stated by one of the
witnesses, without complaint on his part, and with all
possible courtesy on the other ; before a magis-
trate, who, acting upon his own opinion, had con-
fined him fur four days, he certainly would not
have brought the present action ; and upon the part of
the defendant, he thought he ought certainly to have
obtained a warrant for the apprehension of the plaintiff,
which, from the subsequent conduct of the magistrate,
no doubt he could have obtained at once.
The jury returned a verdict f(.: the defendant.
Leave was then given to the plaintiff to move to enter
the verdict for the plaintiff for the sum of one farthing
damages, should the Court be of opinion that the forgery
of the scrip did not amount to felony.
The Court then rose for the Christmas vacation.

WILLENHALL.—IMPORTANT TRADES' MOVEMENT
—An union of the various trades ha& lately commenced
in this place, having fir its object the establishment of
a fund, created by weekly contributions, by almost all
the masters and workmen in the town, and which is to
be available to any of the branches of trade, in the ab-
sence of a demand for their particular manufacture; and
as far as possible to render assistance in such times to
small manufacturers, who, for want of capital are com-
pelled to take orders at any sacrifice. It also limits the
hours of labour, which was very much needed. The
immense number of small manufacturers acts as an in-
cubus upon the trade of the town; many of them have
been suffered to have four or five apprentices, whom they
hare kept at work fourteen or fifteen, and in some in-
stances sixteen hours per day. Besides, it is well known
that many of them are incapable of governing theme
selves, much less to govern apprentices; r.nd it ought to
be known to those parties who have the placing out of
apprentices, many of whom are parish officers in agri-
cultural districts, that it is often the case that a lad is
placed apprentice, say, to some particular branch of the
lock trade, his master has neither ingenuity nor capital
to invent or carry out any improvement in such branch
of trade; consequently the apprentice is kept working
at the self-same thing during the whole ten or eleven
years of his apprenticeship, at the expiration of which
time he finds himself incapable of working at any other
kind of locks, and in many instances is next door to
beggary all his days. If it had not been for the inge-
nuity and enterprise of a few respectable manufacturers,
the trade of the town would ere this have been lost.—
Birmingham Journal.
We have already mentioned the failure of the house
of Schiller and Co., of Breslau, for a sum of 800,000
thalers (3,200,000 f.). We now learn from Dresden that
M. Schiller, the chief of the house, attempted a few days
days ago to commit suicide in a bath in that city, by
opening the veins of his arms. lie was found alive, and
removed to an hospital, but in such a state of exhaustion
that little hope was entertained of his recovery. M.
Schiller had a fortune of half a million thalers (two mil-
lions of francs) from his father, which by Icing industry
he had trippled, but latterly he had speculated exten-
sively in railway shares and other securities, and lost
so much, that the amount to be divided among the
creditors of the house is estimated at only 100,000
thalers (400,0001). M. Schiller is said to have lost
one million of thalers (four millions of francs) by the
incorporation of Cracow; the shares of the Cracow
Railroad, of which he was a large holder, having fallen
30 per cent.—Galignani.

PosT-orrice;, CHRISTMAS-DAY.---Yesterday notice
was given by R. Smith, Esq., the .uperintending presi-
dent, that, agreeably to annual custom, there will be no
delivery of letters on the afternoon of Christmas-day.
But letters for the General Post and foreign mails will
be collected from the receiving-houses and forwarded in
the afternoon, aN usual.

Lord John Russell has received the halves of a
501. and of two 101. notes, transmitted to him on account
of the income tax,

THE. QUALIFICATION OF
APOTHECARIES.
. _

The Society of Apothecaries, entertaining an opinion,
which they have publicly expressed upon several occa-
sions, that a penal check upon the practice of medicine
by unqualified persons is indispensably necessary for the
protection of the public, and that the pecuniary penalty
imposed by the Apothecaries Act, is but ill adapted for
checking such practices, have long desired that a more
summary mode of proceeding a.,gainst illegal practitioners
should be adopted; and they have advocated an altera-
tion of the law in this respect, whenever a favourable
opportunity for so doing has presented itself. A recent
decision of the Court of Queen's Bench, in a criminal
prosecution instituted against an attorney for practising
without qualification, seemed to lead to the conclusion,.
that notwithstanding the specific pecuniary penalty im-
posed upon unqualified persons practising as apothecaries,
such persons might be indicted criminally as for a mis-
demeanor. This decision appeared to the society to
suggest a mode of proceeding for checking the illegal
practice of medicine, which might be attended with such
important results that they determined to lose no time
in obtaining the highest legal opinions upon the subject.
They, therefore, laid a case before the law officers of the
Crown, and it will be found from the answers given to
the questions submitted to the Attorney and Solicitor-
General, in consultation with Mr. F. Robinson4that it is
the opinion of those learned gentlemen that an indict-
ment will lie against a person who has praotised as an
apothecary without legal qualification. The society
subjoin the questions proposed to counsel and their
answers thereto.

QITESTION S.
1. Whether an indictment will lie against a person
who has practised as an apothecary without legal quali-
fication, notwithstanding the particular penalty imposed
upon persons so practising by the 20th section of the
Act, and the disability imposed upon them by the 21st
section ? and, if you should be of opinion that an indict-
ment will lie?

2. In what courts, metropolitan or provincial, could
such an indictment be preferred ? and could it be pre-
ferred at the instance of a private prosecutor ?
3. Would it be competent for the Society of Apothe-
caries to prefer such an indictment, notwithstanding the
interest given to the society in the pecuniary penalties
imposed by the 20th section, and the particular remedy
given to the society for the recovery of such penalties ?
4. What would be the extent of punishment which
could be inflicted by law upon a person convicted of the
offence of practising as an apothecary without legal qua-
lification ?

5. Can any more summary proceeding than an indict-
ment be resorted to, for the punishment of persons prac-
tising as apothecaries without legal qualification ?

ANSWERS.

1. We think that an indictment will lie against a per-
son who has practised as an apothecary without legal
qualification, notwithstanding the particular penalty im-
posed by the 20th section of the Act, and the disability
imposed by the 21A section.
0 -

The indictment may be preferred in any of the ordi-
nary criminal courts having cognisance of misdemeanors
committed in the county or place in which the party has
so illegally practised, and it may be preferred at the
instance of a private prosecutor.
3. We think it is competent for the Society of Apo-
thecaries to prefer the indictment.
4. The punishment, as in case of other misdemeanors,
would be fine or imprisonment, cr both, at the discretion
of the Court.

5. We are not aware that any more summary proceed-
ing than an indictment can be resorted to for the punish-
ment of persons practising as apothecaries without legal
qualification.

JOHN JERVIS,
DAVID DUNDAS,
Temple, Nov. 23. FREDERIC ROBINSON.
It is, perhaps, hardly necessary for the society to
point out the increased facilities which this mode of pro-
ceeding affords for putting the law in force against un-
qualified practitioners.
Instead of proceeding for the recovery of penalties
by a civil action, which in the case of a country
practitioner could only be tried at the spring
and summer assizes, an indictment may be preferred
at the quarter sessions and at the assizes also ;
and, instead of the power of proceeding against
unqualified practioners being restricted, as in the case of
the specific penalty imposed by the statute, to the Society
of Apothecaries, it will be competent for any person to
prefer an indictment who may be disposed to do so.
Another dist;nction between the two modes of proceed-
ing, which is likely to operate still more powerfully as a
check upon illegal practice, is this, that whereas an in-
dividual against whom a judgment for a penalty is ob-
tained,. under the present form of proceeding, can re-
lieve himself from the consequences of his offence by ob.
taining his discharge under the Bankrupt or Insolvent
Acts, an individual found guilty on indictment of having
practised as an apothecary without legal qualification,
will be punishable by fine and imprisonment, and will
have to undergo whatever measure of punishment the
Criminal Court may in its discretion award.
The society sincerely hope that a public intimation,
that the penalties of the law can now be enforced
against illegal practitioners of medicine more summarily
than heretofore, will deter all persons from prac-
tising as apothecaries who have not given such
evidence of their competency to practice as the
law demands. But if individuals who have not
possessed themselves of a legal qualification will persist
in practising in the absence of such qualification, they
will do so at the risk of being criminally indicted for the
offence at the instance of any individual prosecutor who
may be induced to prefer an indictrrent against them.
The society on their part will be ready, as they have
ever been, to enforce the law to the extent of the means
placed at their disposal, but those means are inadequate
to the institution of frequent prosecut7ons. It may,
therefore, be anticipated that indictments will be pre-
ferred at the instance of other parties ; and the society
take this opportunity of stating, that they will endea-
vour to render such experience as they may have ac-
quired in administering the Act of 1815 available in
furthering the ends of justice ; and that they will be
prepared, upon proper application, to furnish any infor-
mation in connexion with the subject of illegal practice
which they may have it in their power to afford.
Apothecaries' Hall, Dec. 10.

COMMERCE OF THE REPUBLIC

OF ECUADOR.
The French Minister of Commerce has just addressed
a circular to some of the chambers of commerce, con-
taming information as to th" French products and
manufactures most in demand at Guayaquil. The
Minister says—
" In the markets of the Equator, as in the other mar-
kets of South America, English, Swiss, and Rhenish
manufactures in linen and cotton have had too frequently
a preference over us. Our silks, which have much
success at Valparaiso and Lima, are less in demand at
Ilu tyaquil, on account of the poverty of the country and
foreign competition, which is formidable for the inferior
qualities. Our broadcloths, the superiority and fine-
ness of which begin to be acknowledged by the inhabi-
tants, gain ground, but as yet are purchased only by
the rich. In mixed stuffs, of wool, thread, and cotton,
new designs of which are produced every day, we pre-
serve a marked advantage over our rivals. As to cut-
lery and hardware, England supplies the first almost
exclusively, and shares the supply of the second with
Germany and the United States • but we lave still the
supply of articles of luxury. We have little competi-
tion to dread in fine mercery and Paris articles, the con-
sumption of which increases daily. In the supply of
paper, Genoa and Spain hove almost monopolised the
trade as regards the common sorts. In the fine qualities
we compete with some advantage with Italy and Eng-
land. Our printed papers maintain the first rank. In
the book trade, as regards French and Spanish works,
Re have to fear the competition of Spain and even Ame-
rica. Our preserved food and fruits maintain theirsupe-
riority, notwithstanding their high price. This is the
case also with our oils and our wines. French licoeurs
are esteemed beyond all others at Guayaquil. Cognac
brandy is imitated to such an extent by brandy made
from sugar, that it is difficult to compete with the adul
terations."

STATE OF TRADE.
MANCHESTER, DEC. 22.—The recent decline in the
cotton market, and the close approach of the Christmas
holidays, have combined to limit the demand for goods
and yarn, and to depress prices. Many spinners and
manufacturers, indeed, still refuse to name prices ; but,
in the few instances in which business has been done,
slight concessions have been made from the rates of last
Tuesday, both in goods and yarn-. We understand that
most of the mills in this district will stop for about ten
days at the close of the current week.
ROCHDALE, DEC 21.—There has been another dull
market to-day, and the demand for prices has been very
limited. In the wool market there has been very little
doing ; the dealers are asking higher prices, and, in
some instances, have obtained a small advance.

HALIFAX, DEC. 19.—We cannot report more favour-
ably of the business done in the hall. The advance in
long wools, not being followed by any advance in the
price of goods, has tended to check even the limited de
mand that there was, and everything is exceedingly dull.
The early and severe frost has put a stop to the demand
for yarns for the continent, and scarcely any orders are
being given out. The spinners having liberally supplied
themselves with wool, little is now changing hands; and
there is no disposition to advance upon the old rates.
Short wools are rather harder to buy, but the quantity
sold is not large.
HUDDERSFIELD. DEC. 22.—A few sales have taken
place to buyers who have visited us to-day to purchase
job-lots ; and the manufacturers of cashrnerets and cas-
sinets, during the last two or three weeks, have been
fully employed. German wools have met with ready
sale, but there is little doing in colonial.
LEEDs, DEC. 22.—There was little doing in our cloth-
halls to-day. The last few markets of the year usuall3
are dull and neglected, the merchants being unwilling to
increase their stocks when the period fir balancing their
books is so near.--Manchester Guardian. ,

R- -- —--
(His and Sons being fully determined not to be
" punched.
"down, even by that inimitable merry an - ere v, or
merry
M 1 üb'ic that they angry," Mr. Punch, beg to inform the
Monday, the 21st intend killing an enormous bear on
days, and exhibiting it on that and the
three following atii their establishment, when any
one preferring it cYasn'
itsave the fat cut direct from the
animal, thus ensuring genuineness. For preserving
end strengthening the haivridee,r.exis nothing equal to the
;.-enuine bear's grease—
quantity used, and the length r. Catlin's account of
and thickness of hair
the
( blamed by the North American Ind'
Bislaopsgatlears7roe." Address,, London.
-_et
Ross and Sons, 119 and 120,
Earl Grey left town yesterday for B wood Park,
Wilts, on a visit to the Marquis o Lansdowne.
The Right lion. E. Struts left town yesterday for the
holidays. . _

STATE of the WEST HIGHLANDS

(From the Inverness Courier of the 16th inst.)
The snow storm has interrupted our communication
with the Hebrides, but the latest accounts are more sa-
tisfactory with respect to the sneply of provisions. The
Stromboli steamer had arrived in Skye from Glasgow
with a cam) of meal, a private speculation, intended for
the nose of Lord Macdonald's tenants. Meal was landed
from this vessel at Armadale, Uig, &c., and such was the
demand, that it was supposed the cargo would be ex-
hausted in a week. The two Government store-ships
were, however, daily expected. The Eolus is to be
stationed at Portree, and the Belvidera at Tobermory,
both containing ample stores of provisions, to be sold
in whatever quantities the poor people demand, and
at the lowest market price. No charge is to be
made for freight or other incidental expenses. Sir Ed-
ward Coffin, the Commissary Officer, (who is now at To-
bermory), calculates that they ca', sell barleymeal at
about 28s. per sack of 2801bs. or 14s. per boll of half
that weight. The country people are more partial to
barleymeal, in the absence of potatoes, than to any other
kind of grain, as they think it the most wholesome. The
Government stores can only be sold for ready money,
and the great object on the part of the proprietors must
now ho to furnish employment to the poor people, that
they may be enabled to purchase provisions. Most of
the crofters had some little crop past them, for seed in
spring, but, of course, this, in many instances, has been
partly used, to avert actual famine. A correspondent
writes

The ship that went ashore lately in Harris was laden
with flour, and part of the cargo being saved, the flour
was advertised over the country for sale. People flocked
to the spot from all quarters, and it was calculated that
nearly three thousand persons were present. The
owners, however, asked extravagant prices. The first
lot, I hear, was put up at 345., and no one making an
advance, the sale was given up. It is a great pity, both
for the Long Island and Skye, that sales were not
effected, as the supply of meal has been far too limited,
and the flour would have been a great help to us.
The subsequent arrival of the Stromboli and the Go-
vernment ships will, we hope, have obviated this loss.
The Firefly steamer has arrived to assist in conveying
stores, and keeping up communication between the
different localities.

With respect to employment, there is a general dis-
position among the proprietors to avail themselves of the
Drainage Act, and even to anticipate the grants by set-
ting the people to work. Mr. Macleod, we are happy
to see, has applied for a sum of 5,0001. Sir James M.
Riddell, of Ardnamurchan, intends soliciting a sum of
4,500 L, as there is a large mass of unemployed at Ard-
namurchan. At Coll, the factor, Captain Campbell, em-
ploys a considerable number of hands on his own farms.
Barra is perhaps the most wretched of the islands, and
there only do the poor people appear in rags. like the
Irish peasantry. Generally throughout the Hebrides the
people wear strong homely clothing, which has an air of
comfort, but those of Barra are an exception. The inhabi-
tants of Uig have also been in a very miserable state.
The people of the Lewis, notwithstanding some insinua-
tions that have been made to the contrary, are undoubt-
edly better off than any of their neighbour islanders.
There are fully 1,600 employed in out-door work, ac-
cording to the system laid down by Mr. Smith of Dean-
stop.

A gentleman who has recently been at Mull, Coll, and
some of the other Western Islands, remarks:—

" There is much suffering everywhere, hut it will be
worse in the spring. The people aro consuming their
oats and barley, and they will have no supply for seed.
This should be provided for. The change of food and
destitution have increased the mortality among the
people. I was surprised, however, to find that the men
(most of whom have boats for communication) do not
fish for cod, haddocks, &c., which would vary their
diets of meal, and be nourishing food. Boys fish for
small cuddles from the rocks, but during the three weeks
I was there I could g t no good fish, though abundance
might be had in the sea, and the weather was remarkably
fine and calm."

The Highland population have generally little inclina-
tion for the sea, and in this respect are very different
from the east-coast fishermen, who go out in all
weathers, and are hardy and industrious. We hope to
have our fisheries prosecuted with more activity and
diligence when this orisis of destitution is passed, or at
least mitigated. The subject is one of national import-
ance.

We extract the following from a private letter as ho-
nourab'e to Lord Macdonald
The minister of Kilmuir told me that he has leave
from Lord Macdonald to give a certain quantity of
meal to every person applying for it, and really needing
it—say one pound per day to every grown-up person,
and to young persons three quarters of a pour.d. He
was, however, unable to act upon this at the time, there
being no meal in the parish, nor, indeed, in almost any
parish in Skye ; but since the Stromboli has come there
will be a supply."
The Government store-ships will also furnish excel!ent
depots, and all that is wanted is money, or its equiva-
lent, labour, on the part of the people.