The Sun.
London, England, 1845-04-29 00:00:00

TTIE SUN, LONDON, TUESDAY MORNING, APRIL 29, 11445,

The clause was ordered to be made part of the Bill.
Mr. PACH',T, who, it will be recollected, made an ap-
plication a few days ago to the Committee to be heard
on petition, in opposition to the Blackburn and Colne
lire, ( n behalf of the Manchester, Bury, and Bolton
Canal and Railway Company, renewed his applicaton.
The clause to hich he objected had been passed during the
absence of the Parliamentary agent and himself; and, con-
sequently, they had no opportunity of opposing its introduc-
tion into die bill. Ile would wish now to proceed with his
objections i'" it met the views of the Committee.
Mier considerable discussion,
The CHAIRMAN stated that, looking at the matter in the
strongest light, the Committee could come to no other
resolution than to refuse to hear counsel in support of the
petition presented by the Manchester, Bury, and Bolton
Canal Company, unless the permission of the promoters of
the Blackburn, Accrington, and Collie Railway was first ob-
tained. The clause which Mr. Paget appeared to oppose had
received the Chairman's signature, and had become part of
the Bill, and, therefore, the Committee were unanimously of
opinion he could not proceed with his opposition.
The agent for the Blackburn, Accrington, and Colne Rail-
way, having refused to give his consent for counsel to be heard,
Mr. PAGET requested that the presentation of the petition
and the decision of the Committee with regard to his applica-
tion, might be entered on tie minutes.
The CHAIRMAN acquiesced ; and, after the introduction of
a few more clauses, ordered the Bill to be reported.
THE LEEDS AND BRADFORD RAILWAY
was then proceeded with.
Mr. Pritt, the agent, introduced a short clause for regu-
lating the gradients to meet the views of the Board of Trade,
and a'so a few more clauses fur limiting the maximum
rates, &c.
The clauses were all passed without opposition, and the
Chairman ordered the Bill to be reported.
The last Bill brought forward was the
BLACKBURN, DARWEN, AND BOLTON RAILWAY,
which, after the introduction of several clauses of a similar
nature to those already alluded to, and which were passed
without opposition, was also ordered to be reported.
This terminated the business of the Committee with regard
to all the schemes comprised in group D.
The Bills will be reported on Thursday next.

Committee S.
This Committee, Mr. StuartWortlev, Chairman, re-assembled
this day at half- past two o'clock in room 17, to dispose of
the remaining clauses in
THE BELFAST AND BALLYMENA RAILWAY.
Mr. ALEXANDER proposed that the maximum rate of tolls
and charges on the line should be 3.1 d. per mile.
The Committee were of opinion that 3d. would answer
the purpose.
This rate after some discussion was agreed to.
Several other clauses were then gone into, and after some
amendments, they passed. -
The Bill having been gone ft-n. 6411,
The CHAIRMAN said that he w6uld report specially to the
House in respect to the report of the Board of Trade regard-
ing this Bill. The Board of Trade had reported that the
Belfast and Ballymena Railway would be both expensive
and unremunerative, and that the line of railway would have
but a single line of rails, whereas the evidence showed that
there would be a double line of rails.

After this decision the Committee adjourned to the 20th
of May.

Sub-Committee, No. 1.

This Committee re-assembled at one o'clock, Mr. Strutt in
,he chair.

LIVERPOOL AND OR3ISKIRK RAILWAY.

This adjourned case came on to day, and the remaining
allegations were :gone through. Standing orders not com-
plied with in several instances.
RICHMOND AND STAINES RAILWAY.

The petition for this Bill came on to-day; the prepara-
tory forms were gone through, and the further hearing was
adjourned till twelve o'clock to-morrow.

PARLIAMENTARY BUSINESS.
COMMITTEES ON PETITIONS FOR PRIVATE BILLS
FOR THIS WEEK.
TUESDAY, APRIL 29.

Eastern Union and Harwich Railway and Pier (No. 2).
WEDNESDAY, APRIL 30.
Goole and Donca ter Railway.
Sunderland, Durham, and Auckland Union Railway.
Great Western Railway (Ireland) (Dublin to Mullingar and
Athlone).
Midland Railways Company ( Birmingham and Gloucester,
and Bristol and Gloucester Railways Purchase).
TnUIZSDAY, MAY 1.

Bristol and Gloucester and Birmingham and Gloucester
Railways.

NOTICES GIVEN AT THE PRIVATE BILL OFFICE.
FRIDAY. APRIL 25.

North Wales Mineral Railway,—Select Committee on
project, Monday, May 5, at twelve.
York and North Midland Railway (Bridlington Branch),—
Committee on Bill, Monday, May 5, at twelve.
York and Scarborough Railway Deviation,—Committee on
Bill, Monday, May 5, at twelve.
Whitby and Pickering Railway,—Commit tee on Bill, Mon-
day, May 5, at twelve.
Great North of England, Clarence, and Hartlepool Junc-
tion Railway,—Second reading, Wednesday, April 80.
Eastern Union and Harwich Railway and Pier (No. 2),—
Committee on petition, adjourned till Tuesday, April 29.
Great Western Railway (Ireland) (Dublin to Mullingar
and Athlone),—Committee on petition, adjourned till Wed-
nesday, April 30. •
South Eastern Railway (Branch to Deal and Extension of
Canterbury, Ramsgate, and Margate Railway),—Second
reading, Tuesday, April g 9.
Eastern Union and Bury Railway (No. 2),—Second read-
ing, Tuesday, April 29.
South Eastern Railway (Maidstone to Rochester),—Se-
cond reading, Tuesday, April 29.
Erewash Valley Railway (No. 2), Second reading, Tues-
day, April 29.
Bristol and Gloucester Railway (No. I),—Committee on
petition, postponed sine die.
Ely and Huntingdon Railway,—Committee on Bill, Mon-
day. May 5, at twelve.
Waterford and Limerick Railway,—Second reading, Tues-
day, April 29.
Bristol and Gloucester and Birmingham and Gloucester
Railways,—Committee on petition, postponed from Monday,
April 28, till Thursday, May L
Epsom and Dorking Railway,—Second reading, Tuesday,
April
Sunderland, Durham, and Auckland Union Railway,—
Committee on petition, adjourned from Monday 28th till
Wednesday, April 3C.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, April 28.
TRIAL AT BAR.-THE GREAT DISTILLERY CASE.

THE ATTORNEY-GENERAL. V. GEORGE SMITH

The Court sat this morning at ten o'clock, and Mr. Drink-
water, supervisor of Excise, was again placed in the witness-
box, and examined by the Solicitor-General. After giving
the products during the different periods of distillation, the
witness proceeded :—The pump, although locked by the Ex-
cise, does not prevent the trader or his servants communi-
cating with the pipe by means of the 'valves. The officers
were not constantly present at night, unless the trader
gave them notice that he intended to remove wash, or
feints, or spirits. I was examined with regard to the swell In
the pipe which entered the spirit receiver. The defendant
did not, after the last dripping, ask to have the receiver re-
dripped.
Robert Batten was recalled, and examined by Mr. MARTIN
—I went to the defendant's premises in June, 1843, in the
capacity of inferior officer of Excise. There were four in-
ferior officers—namely, Ribble, Pitcher, Mill, and Wallace,
beside myself, and Mr. Drinkwater, the superior officer.
They did not continue all the time, for they were replaced by
others. At one time there were two additional officers—I
mean during the 9th and 10th distilling periods. There
was a strict survey kept on the premises during the whole
time I was there. There was but one officer there during the
period of distillation. The receiver was emptied after every
charge. An officer regularly attended to the removal of the
charge from the receiver. An officer was present while the
spirit was running into the receiver. After the charge was
removed from the receiver, water was afterwards poured into
it by the trap-door. I cannot say what the reason
was why water was placed in the receiver, un-
less it were to wash it out, so as to leave
no spirit behind. I have never found spirits
carried about by the workmen in cans or vessels of any kind.
Some samp!es of the wash were taken by ma and delivered
to Mr. Drinkwater to be distilled. I took occasional sam-
ples during the whole time I was there. I discovered the
first hole in the cover of the receiver on the morning of the
13th of December, 1843. One of the foremen of
Mr. Smith' was with rue at the time. His name
is John Dring. He was not on the receiver, but he was
watching me. I did not tell him of the discovery I made. I
told it first to Mr. Drinkwater on the same morning, about
six or seven, hours after. I kept watch that no one went to
the receiver. The boards were nailed on the top
of the receiver, and round the suction-pipe. The boards
were old, . and apparently had been there for a long
time. I examined them on the 18th of August, before that
time, and found them firm. I might have examined those
boards between August and December, but I won't be posi-
tive about it. Before the 13th I had no means of judging
whether they were firm or not. (The boards alluded to
were handed to Mr. Martin.) These are the boards, and the
outside one was moveable. The hole in the board was freshly
cut. The fact of the fresh sawing of the hole was not pointed
out to Mr. Smith, as he would not stop. I informed Mr.
Drinkwater of the discovery, and he took the charge in the
receiver. It was filling at two o'dock in the morning. I
saw Mr. Drinkwater take the strength, and Mr. Smith and
lie said there were 28 gallons of excess. Mr. Drinkwater
tookthere
wasthe anexcess.measurements, I
afterwards but it was Mr. Smith who said
that there was not an excess, and lie asked Mr. Drinkwater
to measure it again. Mr. Drinkwater showed him the hole,
and he said that the nails had rusted off. Two of the
managers, Gill and Viner, came with 11Ir. Smith in the
first instance. I did not hear Mr. Smith propose that
the spirits in the vats should be measured out
in gallon measures, to prevent mistake. The 28 gallons of
excess were taken away by the Excise, but I have not heard
that they have been condemned. The top of the receiver
was made good that day, and remained so till the 12th or
13th April, when the boards were temporarily removed, and
then replaced again. I ani not aware that the Excise has
taken any measure with regard to that hole. The second
hole in the top was discovered in June, 1844. There were
two men present belonging to the establishment. It might
be about four or five o'clock when the discovery was made.
Hamilton, a carpenter, was sent for, but I did not say that I
had pushed out the plug with my ner. I aid had knoked
it out with a piece of iron. I heafirdg Gill,s thel foreman,c said
to Hamilton, " Hamilton, what do you think of this? What
do you think this has been ?" llamilton said, " Oh, an old
dipping-hole." Then Gill said, " Just what I said." Then
they brought dipping-rods, but they would not go into the
hole. I saw Mr. Smith some days after, and told him. He
said he knew nothing aboutknot it,
-hol e and .
I m
if t wasade there,
it must lave been a
the
drip two-tenths`-more than Mr. Drinkwater. There was
a dispute between Mr. Smith and myself on every charge.
Mr. Smith complained during the whole time I was there.
On the 23d of March, 1844, we had " a grand dispute" as to
the quantity of spirits in the receiver. I made it a tenth more
than he. Mr. Ross and another officer came down and
tested it afterwards, and they found a tenth more than either
wpriollse go cutitoantmheay informer
rne intor innYd pocket. One half of the penalty
the other half to the Queen. I
of us. I cannot tell what amount of the proceeds of this
expect nothing but what the law has provided in the usual
way of business.—(Laughter.) I do not expect 75,0001.
It was late in the afternoon—about five o'clock—when Drink-
water said lie was ready for his experiment with the pipes.
When he made the first experiment, which was made with
spirits, there was a failure. t was eight o'clock when the
gfooi a
spirit_ began to run from failure.`
No. Bto vat No. 17. It ran
for an hour. It was three hours before they were able to
get the pipes to work, in consequence of some air having got
in. It was found necessary to stop two of the cocks with clay.
To the COURT—One of the cocks which it was necessary to
stop was on the roof—in the gutter like. The other was
below. It was what is called a rack-cock. Thinks it was
not clay that was used, but putty and tow. The exclusion of
air was necessary to the working of the syphon. It toolt au