The Sun.
London, England, 1828-12-24 00:00:00

THAMES POLICE.

Yesterday some Captains of ships were summoned
before Mr. BALLANTINE by Captain Compton, the
dock-master of the St. Katharine's Dock Company,
for having moored their ships within 100 yards of
the entrance to the dock.

.From the statement of Captain Compton, it ap-
peared the company have, in their act of Parliament,
a clause, which enables them to proceed against the
owners or masters of any description of ship or craft
who moor their vessel E within 100 yards of the water
entrance to the docks, for a penalty of 51., and I/.
an hour during the time the vessel is so moored.
The defendants contended generally, that the
Dock Company were not entitled to this privilege,
they had no right to claim a greater extent of privi-
lege than that enjoyed by private interests on the
river. It was customary in the port of London,
and indeed allowed, that any vessel should remain
moored opposite the wharf whereat she discharged,
one tide, which was a much greater inconvenience
to the wharfinger than this alleged offence could be
to the Dock Company. They contended that this
course was against the rule by which the navigation
of the river was directed, and could not have been
allowed by the Legislature had it been aware of its
greatly inconvenient and injurious tendency. When
directed by the Dock-master to move, it was impos-
sible for them to do so.

Mr. BALLANTINE, in deciding upon the matter,
said he was bound to convict, as the Act of Parlia-
ment pronounced this sort of thing to be an offence.
It was therefore against the law, and he had no feel-
ing other than to administer it. He had nothing
whatever to do with private interests. But he con-
sidered, certainly, that this Company were fortunate
in having this clause in the Act, by which they were
protected; very lucky indeed, and for his own part
had he been in Parliament he would have opposed
it, and perhaps they would not have had it. How-
ever, as it stood, he must convict, and fined each de-
fendant in the mitigated penalty of 50s. and one of
them in the sum of 20s. for the hour he had re-
mained, after having received notice from the Dock-
master to go away.
UNION.HALL,

Yesterday a man named James Griffith was
brought before Mr. CHAMBERS, charged with having
obtained a small sum of money from a Scotch lad,
under the pretence of procuring him a situation.
The prisoner, it appeared, is one of those fellows
who are constantly on the look-out for inexperienced
persons who visit the metropolis, many of whom are
plundered of their all by men of the prisoner's stamp,
on their entrance into town. In the present in-
stance, it seems, the complainant, who was born
north of the Tweed, arrived from Scotland a few
days ago, with a view of bettering his condition.
On landing from the steam-vessel which bore him
hither, with his pack on his back, he pursued his
way along the Borough, stopping every now and
then to gaze at the shop-windows. Poor Sawney
was not long ashore before he was espied by the
prisoner, a good judge of physiognomy, who, guess-
ing him to be a " green horn," went up, and, imi-
tating the Scotch dialect, welconied the stranger to
town, and inquired of him whether he was in want
of a situation. The poor Scotch lad replied in the
affirmative glad to have met with a person disposed
to assist him so opportunely; upon which the cun-
ning prisoner said, that there was a vacant place as
porter, at a wine-merchant's, in Tooley-street, at
wages of 245. a-week,---adding, that he was well ac-
quainted with the foreman, who was his friend, and
who had the situation at his disposal. The prisoner
then said, that as it was such a place that was not to be
met with every day, he should expect complainant
to give him 12s. on procuring it for him. To this
proposition the young man at once assented, ,pro-
vided he was placed in the situation before he ad-
vanced the money. The prisoner, however, soon
silenced his scruples on this head, declaring, " 'pon
his honour" the money should not he in his pocket
half an hour before the vacancy should be filled by
the person from whom he had the cash. Tile fellow,
having over and over again declared that the corn-
plainant should have the situation at length induced
him by his promises to advance him the above sum.
The moment the prisoner got possession of the mo-
he, "follow me to the merchant's,
anne,
dy‘‘‘vNaiOtwo; said
outside whilst I go in to speak to my
friend, the foreman." The prisoner did enter
some it appears, but did not come out the
way house,hewent in; and the poor Scotchmau might
have waited there until doomsday for his return, it
appearing that the fellow had escaped the back way
to the water-side. The person who had been thus
choused of his money, on walking over Blackfriars-
bridge the following day, met the prisoner, and im-
mediately gave him into custody. He said he was
confident of his identity.

The prisoner blustered a good deal, declaring that
he was not the man; but, unfortunately for him, be-

ing known to the officers as a fellow in the habit of
committing smilar acts, he was committed on the
present charge to take his

LAW INTELLIGENCE.

COURT OF KING'S BENCH, DEC. 23.
LIBEL.--BEIT V. LAIV:,ON.

This was a cause for trial by a Special Jury, but
as only four Special Jurymen were present, a tales
was consented to.

Mr. BRoDERICK opened the pleadings. This was
an action brought by the plaintiff against the de-
fendant for a libel, published in the Times newspaper.
The defendant pleaded the general issue, as well as a
justification on three of the counts.
Mr. GURNEY stated the case. This was an action
brought by the plaintiff, a merchant residing in the
city of London, and who had had lmsge dealings in
an article called alva marina. In August, 1827, he
received a letter from a person of the name of Oppen-
heimer, residing at Hurnburgh, and with whom Ire
never had a communication before. By this he was
informed that the writer had shipped three hales of
alva marina on board of the Simeon, and requested
him to pay the duties, and he would send Mr. Beit
directions what was then to be done with them.
On his receiving this letter he went to the
Custom-house, and by the means of a gentleman
there of the name of Arnott, he paid the duties.
This took place on the 14th day of August,
1827, and Mr. Beit was greatly surprised to
hear on the 17th of the same month, that
the Custom-house searchers had, on opening the
packages of alva marina, found some tea secreted in
them. The ship in which the packages came was
seized as a matter of course, as well as the packages.
Mr. Belt then applied to the Custom-house, and,
on presenting his memorial, the Commissioners di-
rected their officers to search the warehouses and
premises of the plaintiff; they were so perfectly sa-
tisfied with the result of this examination, and with
his conduct, that they ordered a stop to be put to
all further proceedings. On the 24th of August,
Mr. Belt was greatly surprised to see a statement in
the Times newspaper, and for which this action was
brought. Under the head of City-Article, it stated
that a great stir had occurred at the Custom-house,
in consequence of the seizure on the 17th of Au-
gust. It went on to say that a merchant residing in
the city had three bales of alva marina consigned to
him frond Hamburgh. In consequence, it said, of
the mode in which the clearance of these packages
was endeavoured to be effected, the clerk entertained
some suspicions, and directed a search to be made,
and on the packages being opened a considerable
quantity of tea was found secreted in each of the
packages. It added, that it was probable that the
same parties had carried on the same proceedings to
a considerable extent; and for a long time. The
quantity of tea found in each paekage was about
fifty pounds.
The publication of the alleged libel was admitted.
The Times newspaper of the 24th August, 1827,
containing the alleged libel, was then put in and read.
Mr. F. POLLOCK then put in the letter of advice,
announcing the shipping the three bales of alva
mariss, and proved the post-mark of Hamburg') on
the letter. The letter was signed M. Oppenheimer.
A witness was called, who produced the bill of
lading of the three bales on board the Simeon, which
was put in and read.
James Hartley, clerk to the plaintiff, proved the
facts of the manner it which the plaintiff received
the article in question. He described the alva ma-
rina as a grass growing on the shores of the Baltic,
and as being used for stuffing, bedding, &c.
Charles Webb, foreman to the plaintiff, said he
was employed in making mattresses of alva marina,
and he was accustomed to open the packages of that
article himself. He often put his hand into those
hales which were sent into the country, to see
whether they were damp or not. He had never
found anything in the packages but alva marina.
Another warehouseman vas called, who stated
that the plaintiff kept his alva marina openly ut his
place, and any one could open the packages,
Mr. Arnott, a clerk in the Custom-house, Witted
that on the 14th of August Mr. Beit applied to him
to clear three bales of diva marina. Mr. Beit did
not then appear at all agitated, nor did he excite
Witness's suspicions in any way. Witness drew up
the warrant for the payment of duties, and to give
up the goods, Ire. This warrant was directed to
the landing waiter. The warrant was then put in.
J. Beeston, a landing-waiter at the Custom-house,
was present at she seizure of the packages. He
sent for the plaintiff, who came the same day to the
landing-waiter's office. Witness told him that some
tea had been found in the packages of alva marina,'
and asked Beit whether he objected to his premises
being searched; he replied, certainly not.
Sir JAMES SCARLETT then addressed the Juty on
the part of the defendant. There was no newspaper
which abstained more from attacks on private cha-
racter than the Times newspaper. The TiMes
had no inclination to injure the character of
Mr. Beit. They offered to insert any explanation
on the subject; but this was refused; and Mr. Beit
insisted that the Times should put in an unqualified
contradiction, and declare that there was nothing to
support even suspicion on the subject. The Times
on inquiring into the eireninstances of the case, how-
ever, refused to make any such declaration. The
Editor of the Times had never heard of Mr. Beit
until this transaction. The ship in which these
packages had been brought from Hamburgh had
been seized. On the evening of the next day a
letter had appeared in the Globe newspaper, written
by the Captain of this ship, who thus strove to clear
himself. He would call Captain Rooue, the sows
mender of the Simeon, to prove that the person who
had sent these packages was in the plaintiff's bro-
ther's service. He also understood that Mr. Belt
was in the habit of directing bales with particular
numbers to be sent to his residence, and not opened
at the warehouse. He conceived that this was suf-
ficient to justify suspicion, and he had no doubt that
he should, as he was entitled, get their verdict. He
repeated, that the Editor of the Times had no wish
to injure Mr.Beit. He merely published the state-
ment as a rumour of the day.
John Davis, examined by Mr. BROUGHAM.---Is
a Custom-house waiter. On the 17th of August
he received a warrant to land three bales of alva
marina. After receiving this warrant Mr. Belt
came to witness's office. Mr. Beit appeared very
anxious to have them landed, and witnesf said that
he would land them as soon as he could. He called
twice or more times, and asked witness to land the
packages of alva marina. They were landed by
witness and examined. Witness suspecteu that
there was something wrong about these goods, on
two grounds; first, that Mr. Belt appeared so very
anxious abOut them; and secondly, that they were
pressed in a singular manner, and thought something
was concealed in thems Witness was present when
the packages were opened. In the centre of the
bale a hag of tea, weighing 14 lbs., was found.
Each of the others contained a bag of tea. The
weight of the whole was 40 lbs. Witness then
seized the bales. The ship also was seized.

Captain Itoone deposed to the plaintiff's having
a brother in Hamburgh ; that he had a letter inserted
in the Globe newspaper, which he subsequently
avowed to the plaintiff, who had him served with a
writ, but the plaintiff afterwards stopped the pro-
ceedings, paying all the costs.
Lord TENTERDEN summed up the evidence,
and the Jury found a verdict for the plaintiff--
Damages 20/.

SHIPPING INTELLIGENCE.

LIVERPOOL.

MONDAY, DECEMBER 22.—Wind W.S.W.—High
water 81 minutes past eleven.—Arrived the Dol-
phin, Smithett, from Dublin ; North Star, King, from
Charleston; Heroine, Sullivan, St. Andrew's; Harriote,
Williamson, from Charente; Donald, Collier, San-
tander° ; Pacific, Sketcbley, fiom New York ; Zeno,
Love, from Terceira.
CLEARED OVIWARDII..---The Dido, Birch, for
Africa ; Olive, Okill, for Africa ; Jolly Tar, Rossignol,
for Bilboa.

II

I

]
I N
, , t;
THE FEVER AT GIBRALTAR. :;,' :! "
' II
It must be a matter of intense interest to il P ' ',5 , . at
persons having relations or connexions in Git al
raltar, as well to all who know how to feel ti
•
1
the miseries of others, to endeavour to trace . ;4 : W
physical causes of that awful calamity whi s.! ,' ; tol
has consigned to premature death more than fr "Th
thousand of their relatives, or friends, or fellor,•, .A.
countrymen, or fellow-creatures,---by whit ' Lc
countless numbers of widows and orphans are le" . bil
to bewail the loss of those from whom they are: ' ' - °!,
rived all their earthly support ;in a place, to'',„: an,
where no legislative provision exists for Pk . ../y1
maintenance of the poor, and where all the .."
sources of private charity must prove excel - te;
ingly inadequate to the relief of the permanO: Hi
misery that is entailed on that wretched plaof) .se
or to save the helpless victims from perishir4s : .
by want ! It is impossible to deny that Oii
primary cause of this tremendous visitatio:,
under God, was the crowded state of the 17,1 ' 9
pulation. It is certain, and acknowledged, tits'i ;
the fevers of 1804, and 1813 were each preeed4° on
by an excessive population : but it is equal. tee
certain that in . neither instance did it nest": Or
equal that oflB2B, previous to the breaking ('
of the present epidemic. In neither of thet '
years did the civil population amount to 13,071.'
persons ; whereas, it appears that the whole 6
pulation of the present year was 30,000,,,#
whom about 3,500 were military, and.. tli,,T,c:
wives and children might have amounted 4;
1,300 more,—leaving a civil population -,
25,000 souls! In a highly interesting and s'el
mirably-written letter from Gibraltar, appeari4'
in the monthly notices of the Wesleyan Or
sionary Society for the present month of DS
ember, on the subject of the fever,. it is saw
" It is Most plainly and certainly of native ork°'
and whoever contemplates the circumstances oft"
place from actual observation, will be surprises
not that the infectious bilious should origin 4
here, but rather that any year should pass with;
out its appearance, and unmarked by its avoi
devastations." Something has been said in It:
and others of the London papers of the ET
vellon system, which means a tax of a real yen
(2,12-1) per day, which a foreigner pays for
,'
permit of residence ; and it has been Inferfc;
that the original object of this tax was to chl. :
the increase of the population, hut that :a It
and improper use of the measure had product,
a directly contrary effect. The real state Of ir.l
case is this—a practice has existed in Gibral
for.the last three or four years, of admitting
persons, of whatever nation, into the garrison /1,
their giving security for the payment of the i.r:l
per day during their residence. There arc po;
sans always ready to engage in this securig ifs
brokers, who make a trade of the thing, ansiti,
tend daily, by themselves and their agents, 4i
land-port and the water-port, there to negociY'
with the numerous strangers who present 00.;
selves, receiving from them money or propol3l
to the amount of two reels per day for a certsl%
period,—one real for themselves (the brokl
and one for the Government. It is understou;
that the bonds of these brokers are never ohjocse
ed to, however many persons they may propose
to be answerable for. How the payments 5'
subsequently kept up on one side or the other
r!
when the original fund is exhausted, isnot eoc,"..r"
e. e _
but eel taM it is that multitudes of these lieow
main permanently in the garrison, and thus it!
that theplace has become inundated by foreigner',
chiefly from Spain, some of them characters 0,1
tlie worst description, who maintiinecnhemsell
in the garrison in the exercise of their sever
callings as thieves, sharpers, gamblers, and el'ea ,
beggars! This has long been a source of iltr;
inuring to the respectable inhabitants, by. Ind
of whom it has been apprehended that epideire,..
fever sooner or later would be the consequent;,
,
The reason assigned by the officers of Groverlii '
meat in Gibraltar for their perseverance iii t
ii
practice has been, that they were obliged to reev''
to it for the maintenance of the police cstabli°
merit of the town and garrison, because --
Governmeet at home could not maintain
~
police. But surely, if' this is the case, woulI°11(,
not be wiser, better, and more humane, for A, ;
British nation to withdraw its troops from" tliks
raltar, and surrender the fort:ess to the Spani,ar , ;'
than leave it to be the hot-bed of plague, pefit
lence, and famine, manure(' and nourished 104:,
latterly has been by the continual introduot
of a compost so eminently suited to the pro(10
~
of these horrible crops.
of(
It may be hoped that thissubject will be til.,i;
a matter of Parliamentary inquiry in the
Sessions, and that means will be provided,;
the rescue of hundreds of destitute women fil,
children from the horrors of starvation, whili
without the timely interposition of the BriP",,
Government or the, British public, it is to LT
feared will lie their fate 1 ensul,

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