The Sun.
London, England, 1844-07-04 00:00:00

COMPANY V•HERAPATII.

The jurors summoned in this case were sworn, and
Bovit. stated that this was; an action brought by
the Directors of. the Oriental Navigation Company, to
recover damages for a series of libels inserted in Hera-
path's Railway Journal. These libels had been at first
justified, but the defendant being now fully aware that
he had been imposed upon by the persons who had fur-
nished him with the information on which these libels
were founded, was desirous of making amends to the
plaintiffs by submitting to a verdict.
Mr. BODKIN said that he appeared on behalf of the
defendant, who had inserted in his paper statements
which he then and afterwards believed to be true, but
which, on further inquiry, he discovered to be un-
founded. He was, therefore, willing to express his re-
gret that he had been so imposed on, and had been led
in that manner to publish matters injurious to the
plaintiffs.
A verdict for the plaintiffs, damages 405., was then
taken.

CENTRAL CRIMINAL COURT.
OLD COURT.

(Before Mr. Baron Ar.nEnsoN and Mr. Justice WILLIAMS.)
George Dixon, aged 22, a boatman, was indicted for a gross
assault upon Frederick Keeler, a police constable, with in-
tent to do him some grievous bodily harm while in the exe-
cution of his duty.
The prisoner was a boatman in the service of the Regent's
Canal Company. He was' passing the canal with his boat
when he saw a 'gentleman fishing with a rod and line. He
seized the line and dragged it with him into the boat. The
gentleman called the prosecutor to his assistance, and the
Prisoner struggled with him, and they both rolled info the
water. _

The jury found the prisoner Guilty of a common assault.
He was sentenced to eight months' imprisonment and
hard labour.

Mary Ann Wood, a woman of the town, and John Moore,
a soldier, were charged with committing a robbery, with
violence, upon James Legrave. It was proved in evidence
that the prosecutor was drinking with the female prisoner at
a public-house in Orchard-street, Westminster, and that he
accompanied her home to a court in the neighbourhood. He
had six sovereigns and some silver in his trousers. Soon
after they got into the room Wood got up and seized hold of
them. The prosecutor attempted to regain them, but she
pushed him out of the room in his shirt. He, however,
pushed the door open, and the prisoner Wood cut off the fob
and took out the money. The prosecutor gave the alarm ;
the soldier came up, and, while the female was striking him,
the soldier said, "Give it him." She was subsequently
taken into custody at a public-house, and some money found
upon her.
The sergeant of the prisoner's regiment gave him a good
character.
Baron ALDERSON, in summing up, said the case against
the soldier was very slight. The Learned Judge added that
the fact of people being found 'drinking at a public-house at
two or three in the morning was well worthy the considera-
tion of the Magistrates of the neighbourhood. Intoxication
was the cause of the greater part of the trouble which judges
and jurors bad at each assize. If any one were curious
enough to note each case, it would be found that, in almost
every one, drunkenness was the cause of the crime—that is
to say, either the crime was committed by persons while in a
state of intoxication, or it was perpetrated upon some one in
that state.
The female repeatedly denied the robbery, but admitted
that she was drunk.
The jury found her Guilty, but acquitted the soldier.
A record of another conviction was put in, from which it
appeared that the woman Wood had before been imprisoned
for twelve months, for a robbery and violent assault. She
burst into tears, and implored mercy.
Mr. Baron ALDERSON sentenced her to be transported for
fifteen years.
Immediately, after hearing the sentence, she changed her
tone of supplication, and, clenching her fists, used a most
opprobrious epithet to Mr. Baron, Alderson. She was re-
moved while uttering imprecations upon him.

POLICE INTELLIGENCE.
(YESTERDAY.)
MANSION-HOUSE.
James Barrow Palmer, a fish salesman of Billingsgate-
market, was summoned before the Lord Mayor, charged
with having exposed for sale a certain quantity of fish,
unfit food for the human body. The defendant was
stated to be an extensive salesman.
Mr. Goldham, the Clerk of the Market, stated that a
man came to his office on Monday, and told him the de-
fendant had sold him some bad fish. He afterwards saw
the defendant, who declared that the fish he had sold
wore perfectly good r bat the ii,Sfeetor who examined
the fish stated decidedly that they were bad. The de-
fendant was in the habit of disposing of baskets of fish
fastened down, as were other salesmen, and had been
cautioned not to sell some of the fish, but he insisted
upon selling the good with the bad.
Here the defendant, in a very loud and angry tone,
which he kept up throughout the investigation, denied
that any of the fish was bad, and said that there were
quantities of bad fish at Mr. Goldham's very door, which
he never caused to be touched. _ _

Mr. Goldham said it was not in his power to inter-
fere with any fish till they were exposed for sale, and
he had shortly to produce an account which would prove
that he had in the performance of his duty to seize
250,000 for being unfit for use.
A. Tyrrell, of Golden-lane, costermonger, proved that
he bought a pad of mackerel of the defendant for eight
shillings on Monday morning, and that the first tea or
twelve at the top were good, but all underneath were bad.
It was then distinctly proved, by two inspectors of
the market, that two baskets of fish in the defendant's
boat were pointed out to him as bad, and that he after
wards sold some of the bad fish, which one of the in-
spectors of course took away.
After the defendant had made several observations to
show that he never sold any fish which were in his
judgment bad, he complained to the Lord Maybr that
Mr. Goldham had compromised eases of bad fish in the
market, instead of bringing them before the Magistrate.
Mr. Goldam—Certainly, I have. At your request,
vwhenieh poorthey creatures
heugh tfrom h
youaveee and
a meperson who
with bad fish
to
em-
ploy( d you to sell, I handed back from you to them the
money which they had paid you. I did so I admit more
fur the purpose oflav them the time, which lAnewing
to be moat-valuable to them, than of saving :you
,the
The LORD MAYOR-It is by no Means creditable to
.etxop3o.esuer.e, which perhaps would have been -valuable
you, defendant, to charge Mr. Goldham with having
done an act by which you were certainly obliged your
self; and which you besought him to do as a favour to
you. With regard to the fish you have sold, it has not
only been proved to have been bad, but your own ad-
missions add, if addition were necessary, to the evidence
of the inspectors and purchaser. In order to put a stop
to the sale of bad fish, by which poor hawkers are put to
much incpnvenience, and_poor consumers are so much
You Intist-now pay
iniutedia Ilea* Libagpriler the City solidto? to
poor man, apd 6s.
bsecacuktelthhee ntiesx. tyocuaseton9gkiiiifsrtomyo4ol.
is
expensv. . .
Defendant hope, my' Lord, if you ordef a prosecu-
tion'th`e case will be a stronger one than'this. '' '
Alerinati FARialitoTsEli—Perhaps you would fike
to try the effect of a prosecution in this case. I dare
say the Lord Mayor will oblige you.—(A laugh.)
Defendant at once threw down the money, saying the
few shillings were no object to him.; but he begged the
Lord Mayor to understand that Mr. Goldham's conduct
at Billingsgate was very different from his conduct at
the Mansion-house.

The LORD IVAyou—l dare say it is. He has diffe-
rent sorts of persons to deal with, and he, no doubt,
acts accordingly.—(Laughter.)

UNION-HALL.

John Smith, Peter Knight, John Knight, William Jones, and
James Perrin, Were charged on Tuesday with assaulting and
wounding Everell Ranby, a private in the Fusilier Guards.
A policeman of the C division stated that, on the preceding
night four soldiers of the above regiment went into the King's
Arms, Newington-causeway. Soon after they had sat down
in the tap-room they were assailed by the defendants; and
three other men also commenced ridiculing the soldiers, and
doing everything to provoke a disturbance. The soldiers were
not disposed to enter into a conflict with the
parties, and
were about leaving the house, when they were attacked and
beaten in a very shameful manner. The policeman hearing
the noise went into the house, and in his attempt to secure
the principal rioters he had his staff wrested from him, and
but for the speedy arrival of assistance, he would have been
maltreated. As it was, Raub) one of the soldiers, was
knocked down, severely beaten,and had his head contused
in such a serions manner that he was obliged to be conveyed
tb the hospital, where he at present lies in a very critical si-
tuation. Another soldier had his mouth cut, and some of his
front teeth knocked out; and considerable difficulty was ex-
perienced in taking the defendants into custody, three of
their companions having escaped.
Mr. COTTLNGIIAM said the charge was of such a serious
nature, he should remand the prisoners till Wednesday.

QUEEN-SQUARE.
On Tuesday John Bransgrorc, captain of the Eclipse Rich-
mond steamer, appeared on a summons, charging him Ivith
the following outrage :
Mr. Thomas Houghton, a gentleman residing in Blizzard's-
place, Fulham-road, stated that on the evening of Thurs-
day week he was at the Thames Regatta at Putney, and re-
turned to town by the Eclipse. On going 'on board the
steamer he inquired what would be charged for himself and
friend for their conveyance to Chelsea, and was informed by
defendant, the same as the other boats, 4d. each. As they
neared Battersea -bridge, a youth, who was collecting the
fares, demanded 6d. each ; and, on their refusing to pay that
sum, the captain declared that they should not go ashore,
and they as positively insisted that they would, reminding
him at the time of the agreement lie had entered into with
them. The boat came alongside the Violet, which was
lying next the dummy at the Yorkshire Grey pier, Chelsea,
when complainant tendered the Bd. for himself and friend,
which the mate,refused to take; and on complainant's setting
his foot on board the Violet, in order to land, the defendant
knocked him down, and then placing
his knee upon his chest
said, " Will you pay?" and on complainant's refusing, he
leant more heavily upon him and said "If you don't you
—, I'll burstyou." Complainant still refused to submit to
the imposition, when the captain got off him, and one of the
crew treated him in a similar brutal manner. He was then
released, the captain having given orders that the 4d. per
head should be taken, and went ashore.
After a good deal of evidence,
Mr. BOND observed, that he considered this case most im-
portant to persons who for pleasure or bUsiness travelled, by
steam-beats on the Thames, and it never could be all..nved
that persons having control orTessels should extort what
they considered to be their rights by such atrocious means.
After a very lengthened investigation he was bound to state
that he considered this complaint very clearly proved. Com-
plainant, who had had the spirit to resist the imposition, had
been treated with the Most brutal and serious violence, and
defendant must pay the highest penalty the law alkorgd him

to inflict-51., in default of which he would be committed for
two months.—The fine was paid.
Eliza Billington, a respectably- dressed middle-aged woman,
was finally examined, charged with stealing some Prayer-
books from the Cadogan Chapel, and committed.

STATE OF TRADE.
(From the Manchester Guardian of yesterday.)
There continues to be a good healthy demand for
yarns for all numbers up to 40's, but ;more particularly
for the low numbers, which obtain a trifling advance
in price. For goods generally there is also a steady
demand ; iths printing cloths commanding a little
higher prices. For 40-inch shirtings the market was
heavy, and not much business done ; parties waiting the
daily expected arrival of the Overland Mail. The ac-
count of its arrival in the London Times reached here
later in the day, and the commercial intelligence there
contained was considered to be rather unfavourable as
respects manufactured goods.
Root-mm.lF: FLANNEL MARKET, MONDAY, JULY I.
The demand for flannels continues brisk ; but there is
no change in prices. The wo9l trade has undergone
little variation since last Monday. There is a fair busi-
ness doing, and prices have advanced a shade.

SCOTCH BANKING.
(From the Perthshire Adva User.)

Many of our readers will remember that; in 1826, it
was proposed to abolish the small. note circulation of
Scotland ; but, thanks to " Malachi Malagrowther,"
and others, who effectually instructed and excited the
public mind on the subject, the Minister of that day
was forced, in all haste, to abandon the measure.

It would appear, however, that now, after the lapse
of nearly eighteen years, the " Scottish system of
banking" is again—not, indeed, directly, but dan-
gerously as insidiously—threatened with an invasion of
its rights and privileges, without the slightest attempt
being made to show that these have been in any manner
abused, or that the proposed alteration "will be for the
evident utility of the subjects within Scotland." We
fear that the public are not sufficiently alive to the nature
and tendency of the contemplated changes. They
seem to rely too confidently upon the dura-
bility of the existing system ; -nor, in sooth,
is this much to be wondered at ; for, have not our
banks been in operation for nearly a century and
a h.ilf! and what better proof can be had as to their
usefulness and the soundness of their principles, than
length of duration, and continuance of esteem ?
During that long period, the adaptation- of the system
to the requirements of the country, and to the habits
of the people, must have been often examined and com-
pared ; and the fact of its being still prized so highly
must surely be because these frequent comparisons have
confirmed opinion in its favour. And along with the
banks, has not the country also greatly flourished ?
What says Sir Walter Scott :
" It is not less unquestionable, that the consequence:of
the banking system, as conducted in Scotland, has been
attended with the greatest advantage to the country.
The facility which it has afforded to the industrious and
enterprising agriculturist or manufacturer, as well as to
the trustees of the public in executing national works,
has converted Scotland from a poor, miserable, and barren
country, into one where, if Nature has done less, Art and
Industry have done more, than in perhaps any country
in Europe, England herself not excepted.'
Up to the time at which Sir Walter thus wrote, there
was no restriction in regard to the establishment of new
banks of issue ; but now, while Sir R. Peel affects not to
interfere with Scotland in his new Bill, we are neverthe-
less prohibited from establishing any more banks. Per-
haps, however, since the time when " Malachi" stirred
his countrymen, banks of issue in Scotland have been
springing up like mushrooms, and the Premier was com-
pelled to interpose a decided stop. Let us see, then, how
the fact stands : We have it in evidence given before
the Select Committee on Banks of Issue—that since
1825 the number of Banks has diminished. In 1825
there; were 32 banks of issue, and in 1841 only 29 !
No doubt the number of agencies, or branch banks,
has increased very much, but chiefly in agricultural
and poor districts, where they are of great benefit
to that description of the population. Mr. Kennedy,
a landed proprietor and banker in Ayrshire, in his evi-
dence before the Committee, on being asked, " Are you
of opinion that the increase of banking establishments in
Scotland had been only commensurate with the increas-
ing trade and manufactures of the country?" answers,
"I do not think that there are more banks at the present
moment in Scotland than are necessary for the welfare
of Scotland ; and at the same time, although the profits
en banking in Scotland are kept very low by competi-
tion, still I think there is room for us all." But since
1141 we find that the number has still further de-
creased, and is now only 20, while there is not a single
private banker left. %There, then, it may be asked, is
the necessity for such a measure in regard to Scot-
land ? Do we not find that where new banks had
started, and after feeling their way for a little, and dis-
covering that there was no room., for them; that they
quietly merged into some more fortunate neighbour ?
Are we then tamely to allow one of our most valuable
privileges to be • abrogated, merely to-please the Minis-
ter, so that, if need were, we could not, as heretofore,
establish a bank, however 4,reat the necessity there-
for, either from " junctions" or other causes? No, no,
Sir Robert. We have not asked your advice. Being
perfectly sound, and " in the best of health," we decline
being operated upon at all, and beg to return this in-
geniously-fortned pill, wherewith you would " dose" us.
So much for the restriction of new banks. Let us
hear the Premier upon another point. He says—
" The existing banks shall continue to enjoy their
privileges, provided they do not exceed certain defi-
nite limits "—that is, increase the amount of their
issues—" to be calculated upon an average of the
last two years." " But if they should at any time
discontinue 'their issues, they shall lose that privi-
lege." Is not that very fair ? The bankers are only
told again and again • that they are simply not to be al-
lowed to increase their issues ; but what is the effect
and evident intention of this part of his plan, save to
contract the circulation, and that to a very consider
able extent ? We shall make this statement plain in
a few words. The Premier knew quite well that the
circulation of Scotland fluctuates 'very considerably
at different periods of the year, its minimum
being in March, from which it goes on increasing
till June. It then falls again a little for a month
or two, and afterwards increases until the end of
November, when it reaches its tnaximisw. This occurs
year after year, thereby showing that the circulation is
governed by local causes, and cannot be regulated by the
foreign exchanges. A few of these causes are—the
. purchasing-of cattle in the spring months ; the payment
of Wages at Whitsunday; preparing for Midsummer
rests ; the employment of work-people generally during
th.e summer and harvest ; and, lastly, the great country
flitting term of Martinmas.
Now, we submit that by taking the average of the
two preceding years as the maximum for the future
(instead of- allowing the issues to vary as the com-
merce and local necessities of the country demand),
the circulation of the kingdom will be curtailed—just
when it will be most required—some 20 per cent ;
and in agricultural districts, such as this, a great deal
more Yet, if you believe Sir Robert, " our existing
privileges are to be continued!" and does he not also
take credit for having said nothing on the subject of
small dotes? But we would ask, why avoid the dis-
einisieli.7 of fliirwhole matter; since the enth' qtreatirp
of cuteencry is- involved measure. There• must
have been a reason for this evasion. Was it Troin a
dread ofdikUisionr NVZ rather suspect it• Was.
The bankifig system of Scotland is deservedly in high
repute; 'principles:being sciund, and'affording•to the
public it full accommodation 'on the cheapest possible
terms, yielding, at the same time, a reasonable profit to•
the banker. Neither is it found that a free competition
and a multiplication of banks and branches, have a ten-
dency to increase the circulation, nor has it increased
with the wealth of the nation.

Let us now look at the matter in another light. The
circulation of Scotland, including its small notes,
amounts only to about 11. a head of the whole popula-
tion, whereas in_England, where there are no notes
under 51., it amounts to 21. a head. Yet, as England is
to be operated on, Scotland, forsooth, must be dealt with
too, merely for the sake of uniformity.
Having thus shown that there is no cause for
interfering with our national privilege of banking,
and pointed out the effects that will ensue, if this
Bill, as it at present stands, be allowed to pass, we shall
now shortly inquire, on whom will the loss fall ? This is
an important question. It cannot be supposed that the
banks will bear it ; their profits will not admit of it, for,
is not the present system based upon the power that the
circulation gives them to allow a high rate of deposit in-
terest ; and if that be taken from them, they must make
it up from some other source. They would at once increase
their charges—perhaps charge a commission on the debit
side of the account, as in some places in England—
and allow less interest, or probably none at all. On
the other hand, depositors might withdraw their
deposits, and, in times of difficulty, force the banks
to press their customers to repay advances made to
them, and thus bring on a state of things that we
fortunately have only heard of, and certainly never
can wish to experience. It follows, then, that the
loss will fall upon the community. High and low—
rich and poor—all will feel it. And though all this
is not attempted to be done at once, the Premier's
scheme clearly points to all banks of issue being
absorbed in one Leviathan institution. Only allow the
wedge to enter, and we may have it pushed home much
sooner than we dream of.

We should, then, promptly act upon the advice of
" Malachi Malagrowther," tendered during a former sea- •
son of peril to the banking system of Scotland :
" Let all ranks and bodies of men in North Britain
express, by petition, their sense of the injustice which
is offered to the country, and the, distress which will
probably be the necessary consequence. Without the
power of issuing their own notes, tho Banks cannot
supply the manufacturer with that credit which ena-
bles him to pay his workmen, and wait his return ;
or accommodate the farmer with that fund
which makes it easy for him to discharge his
rent and give wages to his labourers, while in the act
of performing expensive operations which are to treble
or quadruple the produce of his farm. The trustees on
the high roads and other public works, so ready to
stake their personal credit for carrying on public
improvements, will no longer possess the power of
doing so. The whole existing state of credit is
to be altered from top to bottom ; and Ministers
are silent on any remedy which such a state
of things would ,imperiously require. These are
subjects worth struggling for, and rather of
more importance than generally come before
county meetings. The English Legislature seems
inclined to stultify our law authorities in their
department ; but let us at least try if they will
listen to the united voice of a nation in matters which so
intimately concern its welfare, that almost every man
must have formed a judgment on the subject, from some-
thing like personal experience, - For my part, I cannot
doubt the result."