The Sun.
London, England, 1844-08-30 00:00:00

THE SUN, LONDON, FRID

GRAVESEND POLICE.
AUG. 25.—Samuel Rowe and George Reid, servants
of the Star Steam-packet Company, appeared before
the bench of Magistrates at the Justice-room, Graves-
end (present L. P.! Staff, Esq., Mayor R. Oakes,
C. Spencer, R. P. Cruden, E. Tickner, and J. Smith,
Esqs.), to answer certain
,complaints made by officers
appointed by the Commissioners of Lamps and Pave-
ments, under their Act for the prevention of nuisances
and annoyances. The charges in the summonses
were for standing within the doorway of the Star
Company's offices delivering bills, and directing the
passers-by to the Terrace-pier and Star boats. There
were five offences charged against Rowe, and one
against Reid. The Justice-room was densely
crowded, and among the number present were the
major part of the Directors of the Star Company, two
of whom, Messrs. Cruden and Tickner, were on the
bench as Magistrates of the borough. Mr. South-
gate attended as solicitor on the part of the com-
plainants, Mr. Matthews as solicitor for the defen-
dants. Samuel Rowe having been called,
Mr. Cruden, addressing his brother Magistrates,
said—Mr. Mayor, before this case is called on, I wish
to address a few observations to my brethren on the
bench. Situated as I am (Chairman of the Star
Company), I have come to the conclusion not to ad-
judicate upon the subject of the complaints now about
to be brought before you; my observations, there-
fore, will be directed to the general character of these
proceedings. These cases, like the preceding ones,
have arisen from the reduction of the steam-boat
fares, and the competition of the piers. The
reduction of fares by the Diamond Company was
necessarily followed by a similar reduction in the
packets of other companies. The Diamond Company
took passengers from the Town-pier for 9d. each, and
in their advertisements engaged to carry passengers to
London, calling at Blackwell, but not informing them
that an extra charge would be made for their journey
by the railway to London. Not so the Star Company;
their announcements were, that the fare throughout,
by boat and rail, to London, was 9d. also. It be-
came an act of justice to the public, to inform them
of the deception attempted to be practised upon them
by the Diamond Company, who are under the pro-
tection of the Corporation. The Town-pier is made
subservient to that Company ; even the pier bell is in
their keeping. (Upon some observation being made
by Mr.:Oakes), Mr. Cruden observed—Mr. Mayor,
Reasonable argument I can respect, but I cannot, and
will not, endure rude interruption. Mr. Oakes is
perfectly welcome to enjoy his pleasure and amuse
himself, but not by playing a running bass to my
treble. I feel that I am only doing. my duty to the
borough, and to the `public at large, in entering upon
the subject. Another of the delusions practised by
the Diamond Company, was the announcement on
the Corporation boards, at the Town-pier, that the
" Ruby," their crack boat (and I am very happy to
bear my testimony to the high character of that boat),
would leave the pier at a certain hour, when, in fact,
that vessel was not at Gravesend, and even when she
was off the station for repair, an old discarded boat
is substituted, and the passage is consequently a
very long one ; the deception practised is a
most unworthy and often repeated expedient, yet
the Corporation never interfere to protect the public.
The defendants are summoned for attempting to
counteract these frequent delusions as to the fares,
and for giving the useful and necessary information
that the boats from the Terrace.pier do, as their an-
nouncements express, convey the public without the
possibility of extra charge from Gravesend to London
by the route of the railway. For this offence these
persons have been and are now again brought here,
and the summonses, being multiplied in the way we
now observe, appear to me to savour much of perse-
cution. I feel, therefore, that I am acting rightly,
even at this eleventh hour, in interposing to make a
proposition to the Bench. The defendants complain
that the decision of this Bench is not likely to be
guided by that justice they ought to receive and have
a right to demand. On former occasions, of a like
nature, evidence has been extorted from the witnesses
against the defendants by leading questions put to
them most unfairly from the Bench. Now these
witnesses, being your officers or servants, street-
keepers, or what you like to call them, ought to be
permitted to act without intimidation, and without
these efforts, at least from the Bench, to elicit testi-
mony adverse to the defendants, and from which they
(the defendants) are led to question the impartiality
of the Bench. The defendants have previously re-
quested that their alleged offences might be ad-
judicated by the county Magistrates; the applica-
tion was refused upon the plea that one of the county
Magistrates was an interested party, being a Direc-
tor of the Star Company. Is Rochester justice to be
measured by the Gravesend standard? My brother
Magistrates have moreover upon former occasions
hesitated to adjudicate upon similar charges that had
been preferred, from an apprehension of the pecuniary
liability they might entail by the expenses of sustain-
ing the convictions upon appeal. But a public body
is set in motion—the Commissioners of Pavements
came most opportunely to their aid with the public
purse. And I must be allowed to say, without for
one moment being supposed to question the integrity
of Mr. Southgate, that it does seem a little odd that
the secretary of the Diamond Company should be
found here as the solicitor of the Commissioners pro-
secuting the present defendants. I have my doubts
as to the legality of the decisions in the previous cases.
The defendants, I contend, have committed no illegal
offence ; for, if so, by a parity of reasoning, every
shopkeeper who, within his own doors, announces his
goods for sale, is offending. And the plea that the in-
timation given by the defendants caused a crowd to
assemble on the footpath is untenable ; for, in this case
every picture or carricature shop in London, or pre-
mises making a display: of goods for sale, create the
same inconvenience, and yet we hear of no prosecution
in such cases. One of the very Commissioners, pro-
secutors now; is equally an offender by placing him-
self upon the pavement in front of the door of the Star
office, and byoccupying the footpath compelling passers-
by to turn into the road. Under all the circumstances,
of the case, with the well known fact that all the
inhabitants of Gravesend are more or less biassed as
regards the two piers, or the two great Steam-packet
Companies (and if Mr. Oakes and Mr. Spencer are
not influenced by such bias, I will venture to assert
that they are the only persons in the town exempt
from it), I feel it my duty to recommend that the
summonses be withdrawn, and that the cases may be
taken before the county Magistrates, with whose
decision, adverse or favourable, the defendants
would be satisfied; and as a further reason for sug-
gesting this course I may state that negotiations be-
tween the Diamond and Blackwell Railway Directors
are in progress, by which probably an end may be
put to the existing competition and consequently to
the practices complained of.
Mr. Matthews, the solicitor to the Star Company,
then made a formal application to the bench to permit
the five informations against Rowe, and the one
against Reid, to be adjudicated by another tribunal.
Mr. Southgate, for the complainants, said he should-
claim the right to oppose such a measure even if the
Magistrates expressed a willingness to accede to the
application.
Mr. Matthews, in continuation, observed that the
grounds of his application involved a question of
revenue to the two piers and the two Steam-boat
Companies.
The Magistrates on .the bench were directly or in-
directly interested. The Mayor' is a Commissioner,
of Lamps and Pavements and -principal prosecutor:"
Messrs. Oakes and Spencer are bondholderS on the
Town-pier, and as such are interested in a pecuniary
manner by the exertions of the defendants tending to
promote the success of the rival pier. When the tide of
public favour set towards the Town Pier, no officers
appeared, no complaints were made; but when the
public were informed that the passengers by the
Diamond Company's boats had to pay the rail in addi-
tion to the advertised fare, disgusted with the de-
ception practised upon thorn, they sought the Terrace-
pier boats, because they were cheap, and their
arrangements were carried out with good faith. The
giving the public this information, which they re-
quired and ought to receive,, is the offence with which
his clients were charged. They contend that the subject
of complaint was not an offence in law, yet if, after a
proper consideration and adjudication, they were con-
sidered guilty, they would bow to the decision and
abate the practice ; but such proper consideration
could not be given by Magistrates who were inter-
ested. He could not conceive it possible to obtain
justice under such circumstances. There was another
ground upon which he rested his application for hav-
ing the cases heard before another tribunal, whiCh
necessarily compelled him to state, that upon a recent
conviction in ^a similar case, which he attended to
defend, the Mayor and Mr. Oakes acted in a manner
in their magisterial capacity with which he did then
and must again express himself greatly dissatisfied.
After the examination in chief of the witnesses for the
complainants, and without waiting for the cross-
examination, these Magistrates chose to interfere
with leading questions in a most objectionable man-
ner, by which answers to the prejudice of the de-
fendants were obtained. Their self-interest would,
he trusted, lead the Bench to consider the delidacy of
their situation, and allow the cases to be heard before
the county Magistrates. They had the undoubted
power to do so if they thought fit.
In answer to an observation from Mr. Southgate,
Mr. Matthews said that he did not doubt the le-
gality of the Mayor, being a Commissioner, sitting to
adjudicate.
Mr. Southgate said that he had never adverted to
the circumstance whence had arisen the nuisance
complained of. The offences charged against the de-
fendants were an evasion, of' the statute, as the Com-
missioners had been advised by counsel. He had
merely to prove that the acts complained of were com-
mitted by the defendants, not whether they arose from
steam-boats or rail, and that they were offences
against the law. For the judgment and integrity of
the:llench he had the highest opinion, and he never

could believe that any Magiitrate would convict
from interested motives; he should, therefore, op-

pose the application for the dismissal of the sum-

monses.
Mr. Oakes—Mr. Matthews seems to complain of
the pertinacity of persons seeking convictions against
servants of the Star CJmpany. Let them refrain
from continuing the annoyance, and-the prosecutions
would cease.
Mr. Matthews—But my clients say,, that handing
a bill and giving useful information is not an an-

noyance.
Mr. Oakes--I can see no reason to grant the ap-
plication. I, for one, will certainly adjudicate, and
enforce the penalties.
The Mayor and Mr. Spencer agreed with Mr.
Oakes. _ _

Mr. Tickner and Mr. Smith concurred with Mr.
Cruden fa the opinion that the matter should be
referred to the county Magistrates.
Mr. Matthews said that, as the Bench were equally
divided in opinion, and as Mr. Oakes and Mr. Spencer
were determined to act, he should leave them to do as
they thought proper, and would merely request the
Magistrates' clerk to receive notice of appeal, in the
event of convictions, in the same manner as before.
Mr. Southgate said, acting for a public body, he
could be no party to anything but the usual leegal
course, that of paying the penalty on entering the
appeal.
Mr. Matthews said that was the first time he had
heard of calling for the penalty, when notice of appeal
had been given ; it was too mach to expect that
penalties to a large amount should be enforced, which
might lead to incarceration for a lengthened period in
the event of convictions. What use would there be
to enter an appeal which the law gave four months to
effect, during which the -applicant might suffer his
whole term of three months' imprisonment, in default
of payment of the penalty. . .
Mr. Oakes said that he should certainly order the
penalties to be enforced.
Messrs. Cruden, Tickner, and Smith hereupon' left
the bench, and Mr. Matthews again requested lir.
Pearson to take notice of appeal in each case where a
conviction might ensue, and to take a note that three
Magistrates had desired to refer the case to the county
Magistrates, by whose decision, he again repeated, his
clients were willing finally to abide; and then ob-
served that he should, without meaning any disrespect
to the Bench, retire, leaving, however, a gentleman to
take notes of the proceedings ; and thus give the re-
maining Justices free scope to exercise their judgment
on the cases, unrestrained by the presence of himself
or his clients. . Mr. Matthews then desired Reid and
Rowe to leave the Court, upon which Mr. Oakes,
manifestly mortified at this, apparent contempt Of his
high authority, inquired, in an under tone, of the
clerk: if they could not detain the defendants, to
which Mr. Pearson replied that it was only a summons.
Mr. Matthews and his clients then left the Court,
which was almost immediately deserted by all but
Messrs. Oakes and Spencer, Messrs. Southgate and
Pearson, the police, and reporters.
One of the cases against Samuel Rowe was then
proceeded with.
J. Adams being sworn stated, he was a street-
keeper under the Commissioners of Lamps and Pave-
ments ; he was on duty at the bottom of High-street,
near the Star -office, about a quarter before one o'clock
in the day of Sunday, the 18th instant. Saw the
defendant standing within the doorway of the Star
office in High-street. Heard him call to persons
passing and repassing, " Turn to the right, ladies and
flying 'Meteor'—sixpence
geennhtleimncelnu;ditnhgis
theW. Cove, also a streetkeeper, corroborated the evi-
dence of the previous witness, and deposed to . the
way ayratioiw thaey:
defendant delivering Star bills to the passers-by,
stating the times of the departure of the boats from
the Terrace-pier. A bill produced he saw given to a
person from whom he received it.
The Bench unhesitatingly considered the case
proved, and ordered the defendant to pay a penalty of
forty shillings, including costs, or twenty-one days'
imprisonment in default. •
Four other charges of a similar nature were then
heard against the defendant Rowe, and a penalty in
each case of forty shillings, including costs, inflicted,
or twenty-one days' imprisonment for each separate
offence.
George Reid, another servant of the Star Com-
pany, was charged by Adams, the street-keeper, with
creating a nuisance in East-street on the 20th inst.
The complainant deposed to the defendant sitting
within the window of the Star-office, looking into
East-street, about twenty minutes before seven
o'clock on the evening of the 20th inst., delivering
bills, and directing people to the Terrace-pier, say-
ing, " Straight on, ladies and gentlemen, to the
railway boat : only sixpence each.
This was corroborated by the witness Cove, and
the defendant was convicted in the penalty of 405.,
including costs, or 21 days' imprisonment.
Mr. Southgate applied for immediate warrants of
distress against the goods and, chattels of the defend-
ants Rowe and Reid, which were granted, to be levied
mmediately after the application for the penalties in
the event of their not being paid.

To render the above account of proceedings at Graves
end more intelligible, we append the following obser-
vations :—The resort of visitors to that town, at-
tracted by the facilities of steam navigation, and the
cheapness of the fares, has reached the enormous
extent of an average of more than 12,000 persons
passing and repassing daily during the present season.
The principal packets are those of the Diamond and.
Star Companies, between which bodies a most active
rivalry has always subsisted, but it is kept up with
increased energy under present circumstances. There
are also two rival piers at Gravesend—the Town-pier
and Terrace-pier. The former is the senior, and
being situated at the old part of the town, receives
the greater support from the shopkeepers, who are
jealous of the increasing importance and attractions of
Milton. The Diamond boats use the Town-pier; the
Star's the Terrace-pier, which leads to the new town.
The Directors of the Blackwall Railway being de-
sirous of inducing a greater resort of packets to that
station, at the commencement of this (as of the last)
season offered a preference to such packets as resorted
thither exclusively (that is, without any intercourse
with the piers above Blackwall), by allowing them
the privilege of
remaining alongside the Bruns-
wick-wharf for half an hour, thus giving
them the chance of passengers by two trains. The
Star Company closed with this office, which was re;
jected by the Diamond; hence the "tug of war.
Angry at the consummation of this agreement, the
Diamonds reduced the fares ; the Star and other
Companies necessarily followed, and an arrangement
was entered into by
which the public with one pay-
ment could avail themselves of the passage by boat
or rail, or vice versa, between Gravesend and London.
From participating in the benefits of this arrangement
the Diamond Company have excluded themselves.
The Star Company,
to sustain themselves in the con-
flict, placed their servants at the doors of their office,
which is near the Town-pier at Gravesend, to hand
bills announcing the hours when their packets leave
the Terrace-pier, and to inform the public of the
superior advantages by the saving of time and money
offered by the Blackwall Railway route, the Star
packets conveying
their passengers (free of the rail-
way fare) from the Terrace-pier, Gravesend, to the
Fenchurch-street terminus, London, and charging
for the whole
distance the same fare as
lovaaft c
ise ,
the. Dian:l94a Charge, leaving their vassengen
who may land ,at Blackwall to pay the railway-fare
in addition. That the public appreciate the com-
li is -manifested by the numbers as
given tivbeeaw
to counteract the powerful in-
ducements of this superior accommodation and
cheaper conveyance; that the partisans of the Town.
pier are set in motion, and the public bodies of the
borough .(consisting chiefly of tradesmen in the old
town), are brought upon the stage, as prosecutors,
aradnt
. judges, and juries, upon all occasions of invented
complaints against the successful Stars.

NUMBERS LANDED; ♦ND EMBARKED AT THE
GRAVESEND.
Town 'Fier.

' 1844

Terrace Pier.

- -
June
. ' July .• .......... • • 167,072 224,635
Of which have passed by the Blackwell Railway
route

June ....... ; 209,571
July 253,474
Leaving only in
June ........... . • .. . 122,168
July ............ . ....... 138,233.
who have landed or embarked at the other wharfs and
piers upon the river above Blackwall.

FOREIGN IA REAT.—In consequence of the contem-
plated rise of duty upon foreign wheat, last week there
quarter, and by the Saturday's return it
was an immense deal done previous to Saturday, in the
clearing off stocks. The duty during the last average
On the Friday one house paid 2,000!. of
Paper.
tv'do'llastseieltsBo;si9pasle.tr-ogether, during the week ending Friday,
foreign wheat, amounting to 7,9281. of duty was cleared
BELGIUM.—A very
yli
made on Sunday
al
at r
EXPORTATIONCge emusb t
2ertlunsoeo;
again-f—HilEoordusiiss:vra
morning last at the St. Katharine's Wharf, Tower, •on
board the steamer Antwerpen. They were the property
of Mr. Francois, the Belgian horse-dealer, and were
principally purchased at Horncastle fair. The ship,
under the command of Captain Jackson, arrived at Ant-
werp sufficiently early on Monday morning to allow the'
passengers to remain in the town several hours before
the departure of the train which gets to Cologne in the
evening. Shcreturned here yesterday morning, the fol-
lowing
esrosf distinction being amongst her nume.
rous :--General Sir Andrew Barnard, t,ho
p passengers:--General
Ron. Colonel and Lady Georgiana Cathcart and family,
Sir Joseph Radcliff and Lady, with family ; General
Ogilvie, Sir Charles Forbes, &c.
The Directors of the Midland Railway Company
have determined to connect the town of Stamford with
their line by a branch railway,—Derby Reporter...