The Sun.
London, England, 1833-12-23 00:00:00

KING'S BENCH-(THIS DAY).

(Sittings at Guildhall before the LORD CHIEF JusTlcx
and a Special Jury.)
THE KING V. OLD, THE YOUNGER.
This was an indictment at the instance of the Corpora-
tion of London against the defendant, a wholesale fish-
monger at Billingsgate Market, for having unlawfully
exposed for sale a quantity of fish that was unwholesome,
and wholly unfit for human food.
Mr. FOLLETT having stated the case for the prosecution,
called the following evidence :
Mr. John Goldham, the yeoman at Billingsgate, said
that it was part of his duty to inspect the fish that arrived
there, and also to destroy such as proved to be unwhole-
some and unfit for sale. The defendant was a fish
salesman there. On the 26th July, in last year, witness
went to the defendant's shop, from information which bad
been communicated to him, and he found a quantity of
fish—chiefly small salmon-trout—that was unwholesome.
The defendant was afterwards summoned to appear before
the Alderman (Ansley), who ordered the fish to be de-
stroyed. The defendant at that time insisted that it was
wholesome ; it was however destroyed.
Julia Kate, a fiahwoman, stated that she purchased
some of the same description of fish of the defendant at 2d.
a pound.
_ _

Cross-examined by Mr. KELLY—The fish were in a
box ; some appeared to be tidy, but there were a great
.„.aftny loose fish among them that were good for nothing.
She knew that fish brought from Scotland Ns packed in
boxes. When she first went into the shop of tile defendant
the fish were in a box, and those on the top were pretty
tidy. The fish laid in the box in "rotation," 10 or 12
in a row.

Re-examined—lt was usual to pack up fish in ice, but
these were not. They were all in a lump. After the
preceding witness had seized the fish the defendant re-
turned her the money, saying he knew it was not very
good.
By his Loansinr—She took the fish to make the best
she could of it, and she did not complain of it until Mr.
Goldham seized it. She should have sold it for the best
she could get for it.
W. Kelly, another fish dealer, proved that he bought 90
lbs. of the same sort of fish at 2d. per lb. ; that it was shortly
after seized, and upon going back to the defendant's shop
he received back the money. The fish was very bad. .
Cross examined—The fish were not injured by any pres-
sure against the box : they were in a putrid state. He
should have sold them if he could.
Re-examined—When he bought it, the people in the
market who saw it weighed exclaimed " shame," and said
it would give people the cholera. There was a great deal
of bad fish then in the market.
Mr. Crimpling Smith, a surgeon, stated that about noon
on the 26th July, Mr. Goldham showed him a large basket
full of fish in a putrid state, and unfit for human food.
Crow.examined—Any pressure and squeezing of the fish
would bruise them, and cause their entrails to be exposed.
The 26th of July was very warm.
Re-examined—Believed the fish had been putrid for two
or three days.
M.. Goldham was recalled by Mr. FOLLETT, and stated
that the fish seen by Mr. Smith was the gime as was
taken from the defendant and condemned; he also exhi-
bited it to Mr. Myers, and several other fish salesmen. The
price of good salmon trout was then Sid. to 4d. a pound.
Cross-examined—That was the price of unbroken and
good fish. If it were merely damaged by being broken
(and not putrid), it would be worth less. If fish were
merely damaged on the voyage, and wholesome, it would
be worth 21i. to 3d. per pound. In July, 1832, there
was great alarm respecting the cholera, and consequently
all fish, vegetables, Etc., on which there was the slightest
suspicion should be rejected ; he always rejected it. Had
the first information of this fish from a fishmonger. He
usually when lie seized fish condemned it if the party
admitted that it was unwholesome, and if not he
took it to the Mansion House, and gave information
to the party to attend. He believed on this occasion he
did not ask the defendant if he admitted the fish to be
bad, and the reason was, that he had made one or two
previous seizures from the defendant, who then gave his
word of honour that lie would not have such fish again in
his possession. This fish, he believed, came from Scotland.
Did not knew of a large arrival of 237 boxes front one
Scotch house on that day, and that this was part of them.
Mr. Michael Myers, a fishmonger, saw the fish at the
Mansion House; they were not fit to sell. He dal not
deal in such sort of fish ; they were not sweet.
Cross-examined—Was not fishmonger to the I.ord
Mayor, but was to the King. He sold none but the best
sort. Often bought fish of the defendent, and knew his
father for 30 years. During that time their characters
were those of fair and respectable traders. Fish damaged,
pressed, or broken on the voyage, would, on being ex-
posed to the air, become unfit fer sale before any other;
it would in hot weather cause it to be putrid in three or
four hours.
Re-examined—That fish he supposed bad not been
sweet for a day or two before.
Mr. John Searle, a fishmonger for 30 or 40 years, saw
the fish on the 26. h of July at Goldham's office, before it
was taken to the Mansion House. It was about 8 o'clock

in the morning. There were 50 broken and in a putrid
state. Ten were in the same putrid state and not broken.
They appeared to ba all of the same" Catch." They were
not fit for human food.

Cross-examined—After being before the Lord Mayor
went to the Anti-Gallican public house. Did not then say
a great deal of the fish was so good that be would have
eaten it, nor anything to that effect. Never said so in the
presence of either Darling, Hildyard, or Payne.
Mr. John Daniel Bayley, a fishmonger, also saw the
fish at Goldham's office at nine o'clock in the morn-
ing. They were in a bad state, and not fit for human
food.

Michael Hirlock, an officer in the market, stated that
the fish was putrified and rotten to the back-bone. He
saw it at nine o'clock in the morning. He thought they
were in that state for a fortnight. He was of opinion
they had lost their passage from Scotland, and kept until
the next vessel came away.—(A laugh.)
Mr. Edward Inglefield, a fishmonger, stated he saw
the fish while it was being weighed ; it was the worst fish
he ever saw, and they were putrid. He, in consequence,
gave information to Mr. Goldharn. That was about seven
o'clock.

John Robertson, an officer under Mr. Goldham, gave
similar evidence.

Mr. KELLEY then addressed the Jury for the defendant,
who, with his father, he stated, carried on business as fish
salesman with great credit for upwards of half a century.
The defendant was criminally charged with wilfully ex-
posing for sale fish that was unfit for human food, and the
question was, whether th it exposure of a single box out of GREAT LOA N.—A very eager desire has
a large quantity landed by him an the 26th of July, was been manifested to come at the circumstances of the
a wilful exposure, or one that had, by mere accident, reported loan to certain great capitalists, on the part of the
been exposed. It, in fact, would be proved, that it was Bank of England or the East India Company, to whicb
only one out of above seventy boxes landed for the de- the rise of the funds has been generally ascribed. Numee
tendant that morning, and it was already ia evidence that roue reports are afloat on the subject, but the account
the defendant did not himself personally sell the fish, or which appears best entitled to belief, and to which we are
that he had reason to believe it was unwholesome. The in fact, disposed to give nearly implicit credit, is, that both
learned counsel having submitted that there was no those great public bodies have a pert in the affair; that
proof that the defendant was personally proved to have ahe East India Company, in the first instance, having a
sold the fish, and that therefore the evidence did not very large surplus, of unemployed capital, amounting to
support the criminal charge of wilfully exposing for between 3,000,0001. and 4,000,0001., has agreed to
sale unwholesome fish, detailed the facts of the case for place in deposit with the Bank of England, for a fixed
his client, as he would prove by evidence. The defers. period, a portion of it, said to be 1,50D,000/. ;
dant was in the habit of receiving for sale on commission that the Bank is to pay interest at the rate of two
as many boxes in a day as 50, 100, and even 200. On per cent. on this deposit ; and that it is to he lent
the day in questio I he received 71 boxes by the smack Iby the latter at a higher rate of interest to two
Mary ; that vessel brought at the same time 206 more of the leading city capitalists. This is not to he
boxes for other salesmen, and yet out of those 271 boxes confounded, as some have im igined, with those loans made
only one had been seized as being unwholesome. The de- for the temporary accommodation of the monied interest at
fen lant's servant superintended the landing, and the de. the Bank between the period of the shutting the stock
fendant himself never saw the box in question opened. It books and the payment of the dividends, but it is, we
would also be proved that the defendant's commission on believe, made on different terms and for a longer period.
the sale of the one box would not be above 7d. or Bd. ; The transaction, if the view taken of it is correct, is
and was it to be supposed that he would risk his credit, curious in,another point of view, since it is the first
and subject himself to a criminal charge fir such a trifling instance known of any payment of interest on deposits
sum ? The Learned Counsel then called the following made at the Bank of England, and may lead, in time, to
evidence : important changes in the banking business oft the metro-
. Mr. Benham Old, the elder, stated that he was a fish polis. It is said that the possession of this large amount
factor at Billingsgate, and has been so for thirty years. of unemployed capital by the Etat India Company, which
Was now in partnership with his son. In July, 1832, I could not remain concealed from the leaders 'of the
received a parcel of 71 boxes of fish front Hogarth and i monied interest, has giVen rise to several negotiations to
Co., of Ab,rdeen. Received them Ly the itlary, op the obtain the use of it, but the Company has been unwilling'
evening of the 25th. The average passage from the River to trust it to the risks of private credit, however high that
Spey, where they were caught, was about a week or eight might be. A great increase of the circulation seems to be
days. He sold merely as agent. The price of small jat hand, from the Circumstances described, and indeed to
'almon.trout was then about 2id, to 3d. or 3i.d. Did be inevitable, but the recent experience of its consequences
not know it was then selling at 2d. ; but there was a I may, perhaps, in some measure guard against therm—.
depression in the price. The hot in question ;came in Timcb