The Sun.
London, England, 1844-02-05 00:00:00

THE -BUN, LONDON,--IVIONDAY MORNING, FEBRUARY 6, .1_ •.

violence of language in the face of the Court ; I will
seize this interval of adjournment, and use the opportu-
nity of this retired place, to put a stop to it sine stopiut.
I will call upon Mr. Fitzgibbon to retract his insults, or
at least to name a friend, with whom a friend of mine
may remonstrate against such an intolerable persecution..
There is not a syllable in the note of the Attorney-
General which will not bear this interpretation ; and
why should we presume that a gentleman, unpractised in
the affairs of duelling, must have designed a challenge
in writing it ? We, indeed, are happily ignorant of
the " conclusions" of " the code," and little read,.
in Caranza or rareccio ; but though we have
never shuddered at a "three-cornered note," Mr.
Roebuck's acquaintance with the signification of
the ill-omened rectilinear proves that he is aware when
men are " tremera murmure Trinacria," and a Con-
naught friend assures us that he is altogether wrong
in presuming a challenge, for that to write in such
a case as the Attorney-General's, would be the
most irregular thing in the world. In all such
cases, says our friend, the gentlemen of Galway,
Mayo, and Sligo, always proceed in the first
instance by the voie de fait, of course with all considerate
delicacy--or if the practical re tort be not altogether proper
by reason of the place or any presence, as in church, a
drawing-room, or in the company of a man's wife—they
always send a friend to apologise for not having ap-
plied the usual remembrancer, and to arrange a
comfortable meeting ; but they never write, for a
written note is open to a written reply in accommoda-
tion, and this of course is not what a gentleman wants.
It is not our province to pronounce an opinion in such
delicate matters, but we must think that the Attorney-
General, who may be as ignorant of etiquette in these
affairs as ourselves, has had hard measure in
having his note considered on all sides as a challenge.
But, a challenge or no challenge, it is untrue to say that
it was delivered in the face of the judges of the land. It
was not delivered in Court at all, but in a room many
yards distant from the Court.; and the Court was ad-
journed at the time when it was delivered.

TIMES.—The debate on the Royal speech has passed off
quietly enough. In spite of two amendments which were
proposed, and one which was withdrawn—in spite also of two
or three attempts to involve the House in a discussion of
general politics, Irish, continental, and domestic—the more
convenient plan was taken of staving off discussion upon
points of controversy until they should be submitted to con-
sideration in the shape of substantive motions. Yet, not-
, withstanding the almost unanimous assent given by the
House to the sentiments expresied in her Majesty's speech,
the partial comments which it elicited have not been with-
out their value. The Minister has taken his course. He has
announced his resolution to preserve the sliding-scale of
duties. He has reduced the elements and narrowed the
ground of the controversy, at the cost of a hazard which we
can hardly suppose him not to have appreciated. " Either
a graduated duty, or no duty at all," is now the watch-
word of the Treasury benches. If the former is alma,
doned, then repeal is to be embraced. That this
declaration is a bold one, we freely admit ; but
that it is a wise one we, with our known opinions on
the principles of commercial policy, cannot affirm. It will
doubtless give high satisfaction, to those supporters of the
Cabinet who are employed in cutting away the scaffolding on
which they stand from beneath their feet ; it will give great
encouragement to the energetic spirit, and ambitious perseve-
rance, of the ultra free trade party ; but to the more tempe-
rate and discriminating of the Conservative party it is likely
to suggest every other feeling but that of confidence or cheer-
fulness. We think that no one can look at the condition of
England at the present moment without being convinced that
the time for making a proposition which should reconcile
the two conflicting parties by which the country is divided
will soon have passed away. The passions of the people
have been roused on one side • they have been be-
witched by the deceptive cry of " cheap bread."- All
the ad captandum fallacies by which 'the -feelings of
large multitudes are swayed have been prodigally brought
into play ;.every imaginable artifice has been dexterously
and repeatedly employed ;. there has been so much truth
' mixed up with much falsehood, as to render the absorp-
tion of the latter at once easy and pleasant ; and so much
of sincere and disinterested principle blended with a mass of
pretence, hypocrisy, and exaggeration, as to give force and
impulse to the efforts of bad or unthinking men. On the
other side are ranged men whose opposition is grounded on
different but not irreconcileable motives—some claiming pro-
tection as necessary to agriculture ; some denouncing any
concession, as a system of timid truckling to a confederacy
which is fighting the battle of democracy under the standard
of free trade ; others deprecating the notion of raising a re-
venue from the chief article of consumption ; but none
making those professions, and lavishing those generalities,
by which multitudes are charmed, and popular enthusiasm is
inflamed. Nor has this party, respectable indeed, and influential
though it be, that authority which is given by the approbation
of:judicious and the assistance of wise men. Those who
have studied the philosophy of commerce and the perplexi-
ties of finance are not indeed with their antagonists, but still
less are they with them. The experienced and the judicious
revolt from multitudinous gatherings of financial speculators,
and suspect the clamours which greet virulent personality
and intemperate invectives ;, but men of experience and judg-
ment are not enamoured of the sliding scale. Least of all,
we fear, can the agricultural party reckon upon the cordial
co-operation and sympathy of their own immediate depen-
dents. Had the sentiments of the rustic population been more
favourable to the lords of the soil, the success of the-League
emissaries in the rural districts would have been far less even
than it has been. But for this coldness they may thank
their own infatuation. Looking then at the state of parties
at .the present day, we cannot but regret the occasion on
which the Minister has chosen to display the virtue of con-
sistency; still less are we disposed to approve the validity of
the reason by which he defends his policy. "If you seek to
raise a revenue from corn," he argues, you should raise it
from home-grown as well as from imported grain, as you do
from malt. ' Strange argument for a Minister to use ;
but most strange for one who so well knows the feelings of
his own party. Is not every Excise duty more objectionable
and unpopular than a Customs' duty? Is it not always
levied with greater trouble, and paid with greater unwilling-
ness? Is it not always more difficult to impose an Excise
than a Customs' duty? And has not the malt tax always
been obnoxious to the odium of an Excise duty? Tins not
its continuance been a subject of unceasing complaint with
the landowners? And yet the Premier cites this as a felici-
tous illustration of the propriety, or the possibility, of raising
a revenue from home-grown corn. We have averred our
regret at the course taken by the head of the Government.
e think that we can now discern indications of a readiness
to neutralise the particular differences of the free-trade and
the agricultural parties by a scheme of mutual concession.
We believe that there are many on both sides who would
willingly terminate the :unhappy dissensions which rend
the country by a temperate compromise. But the same
signs which indicate this tendency also tell us that ere
long the season for making advances will have gone by,
and that the alternative reserved by the Government
will then hang on the will' of .an expectant people—" the
present duties, or no duties at all." The terms in which
Lord Morpeth's recent .address at Wakefield was received
will typify the answer which the people will give when their
sentence on this last proposition is demanded, of them.. But
the Minister looks at his dense Parliamentary phalanx. He
sees there present strength and confidence. He trusts, too,
perhaps, to a continuance of prosperity, arising from brisk
trade and renewed commerce, which may charm the grum-
blings of discontent into silence, or even change the growls
of opposition into the melodious accents of applause. He
knows, that with Englishmen abstract theory is of secondary
importance to present prosperity ; and he trusts that when
our marts of commerce are again thronged with the train of
fortunate enterprise, and our seats of industry again resound
with the din of awakened traffic, then the cry of "cheap
bread " will be no longer heard, and the denunciations of the
mob-leader will have lost their power. We would fain hope
that this belief might be realised. The revival of trade cer-
tainly does hold out great encouragement for future hope.
But, for our own parts, we think that the best use which a
Government could make of it would be, to seize the opportu-
nity which it affords for settling a vexatious question, and
ending unhappy differences.
POST.—Our readers are aware that Sir Robert Peel's de-
claration against any alteration of the existing corn-law is
no more than we expected, though we cannot say we felt as
little anxiety upon the subject as some Ultra-Ministerialists
either felt or feigned. But we expressly stated, some tune
ago, when certain writers who pretend to great considerate-
ness in all they say, were proclaiming that, from the state
of public sentiment, it was clear that something must be done,
either of an immediate or prospective character, for the
alteration of the corn-laws—we say we then expressly stated
that we did not believe any such alteration would
be proposed. But we then feared—nor are we yet
free from that fear—that though no direct alteration
of the corn-laws would be proposed, there would
still be wanting that genuine and hearty support of the prin-
ciple of protection for native industry, without which, in our
opinion, the Administration. cannot be faithful to what were
supposed to be its principles when called to office by the voice
of the country, and by the favour of the Crown. Sir Robert
Peel has declared, and, we are happy to say, with more em-
phasis and less reserve than is his wont, that he has not
contemplated, and does not contemplate, any alteration of
the corn-laws. Without going 'so far as to say that the nu-
merous meetings, which have taken place in the country,
have made any alteration in the Ministerial intentions in
regard to this subject, we • yet think it highly probable
that it was the tone of these meetings which furnished
the inducement for the emphatic, decisive, and unquali-
fied disclaimer on the part of the Minister of any contem-
plated alteration of the corn-laws. It is of importance to
observe, however, that so far from the Minister making any
declaration in favour of the principle of protection, he avowed
a concurrence in what was laid 'down by Lord John Russell
on the subject of that principle, namely, that it was in
theory utterly erroneous, and that it was only on account
of the danger which attends sudden transitions, even from
wrong to right, in national affairs, that it would be impolitic
to adopt the principles and the practice of free trade. It is of
importance to observe, that notwithstanding Sir R. Peel's
emphatic declaration that he does not contemplate any al-
teration of the corn-laws, yet his abstinence from interference
with them is not based upon any degree of respect for the
principle upon which these laws are founded—namely, the
principle of protection, but from a sense of the inexpediency
of interfering, under existing circumstances, with laws which
are supposed to have, in reality, no sound principle to sup-
port them. We should be very sorry to misrepresent the
views of the Right Hon. Baronet ; but, after the best con-
sideration we can give to the various points of his last speech,
so far, as it regard. the corn-laws, we believe that what we
have stated is a fair account of the views which the Minister
appears to entertain.

TBAFALGAR-SQUARE.—The contemplated improve-
ments in this square are, at length, likely to be brought to comple.
Bon. The fountains were at first intended to have been supplied
with water from the public companies, but the terms required
were such that the Commissioners of Woods and Forests were in.
duced to seek other means for effecting that object at a cheaper
rate. In the course of last summer they applied to Messrs.
Easton and Amos, engineers, of the Grove, Southwark, on the
subject, and, after a careful survey, it appears these gentlemen re-
commended a mode for obtaining the necessary supply by means of
Artesian wells, and which supply they likewise suggested the
practicability of increasing to such a quantity as would be ample,
not only for the fountains, but for all the public offices in the vici-
nity, together with the new Houses of Parliament, and for watering
the roads when necessary ; at the same time they gave estimates
for carrying the proposed works into operation. The Commis.
'loners, after most mature deliberation, determined upon adopting
these suggestions to their fullest extent, and havegiven orders to
have the works carried into execution forthwith. The water Is
proposed to be raised by steam power into large iron reservoirs fixed
over the engine-house, which will be sufficiently elevated to give
the necessary pressure, so as to produce the effect desired by Mr.
Barry in his design for the square. The site selected for the pro.
posed works, and where they are not in progress, is the stone.yard,
Orange.street, I.eicester.square, at the back of the National
Gallety.

MATRIMONT.—III the Isle of Man during the past
week, no fewer than three young men have been incarcerated in
Castle Rtishen, at the instance of their wives, whom they had
severally maltreated; all of whom have been married within the
last few months. Two of them were from Peels and one from
Ramsey......wona7 &rag,

LAW INTELLIGENCE.

COURT OF QUEEIV'S BENCH, Feb. 3.

This was the second day of the Sittings in Banco after
term. The Court took the new trial paper, and was occu-
pied the whole morning in hearing arguments in a case re-
lating to a disputed matter of account.

COURT OF EXCHEQUER, Feb. 3.
(Before Lord ABINGER and a Special Jury.)
ILLICIT DISTILLATION.-.—THE ATTORNEY-GENERAL v. rim

. . LIFO .A.ND
.0111416. ,
The Attorney-Genera}, ' Mi. Jervis, and Mr. Wylde, ap-
peared fur the Crown ; Mr. Cockburn and Mr. M. mith
conducted the case for the defendants.

This was an information by the Attorney-General against
the defend Ants, for the recovery of penalties for having in
their premises a private still for the purpose of illicit distilla-
tion, and having spirits on their premises on which no duties
had been paid to the Excise.
The ATTORNEY-GENERAL stated the case to the jury.
The defendants occupy a lone farm-house at Swanton
Abbott, near Norwich, Norfolk. The house is situated at a
considerable distance from any other habitation, and is in
every respect a spot where illicit distillation might be car-
ried on with considerable success. From information which
had been received in June last year, by the officers of the
Excise, a search warrant was obtained, and three officers
proceeded to execute it. One entered at the front of the
house whilst the others remained at the back. A still not
actually at work, but having the appearance of having been
recently used, was discovered. The top of the still and the
worm, however, could not be found. One barrel, holding 25
gallons, containing spirits, was buried in the floor ; a
smaller barrel, the importation of which into this country,
containing spirits, is prohibited by law, and excellently
adapted for the purpose of smuggling, from its small size,
containing no more than three gallons, which has obtained
for it the soubriquet of " half anchor," as it may be slung, with
a cask of corresponding size, across the back of a horse or
the shoulders of a man, was found by the officers. A sample
drawer, possibly used to draw the spirits from the cask buried
in the floor, was found ; also three branding irons having these
were found,
stated H.
eGr.e, C
n 0.13 doubt intended
. , and S. 8., which
lettersthe Learned
to be brandy-casks, containing " Hollands Gin," " Cognac
Brandy," and " Spirits of Brandy," as casks having
them
mounsel
these letters were found. The defence which would be set up was
that the implements found were used for the purpose of
brewing ; but the very fact of an hydrometer being found on
the premises was conclusive evidence of the fact with which
the defendants were charged, namely, that that utensil was
never used in brewing ale or
_porter. The Learned
Gentleman here minutely described the whole process of
distillation and brewing. The defendant and his sons were
confused when the officer entered, and gave evasive answers
to the questions put to them, stating that the implements
were used for brewing malt; that the wort was used for
feeding pigs; and that the cask in the floor contained poison
for washing sheep, and was placed there to prevent accident.
The officer, however, utterly regardless of the consequences,
tasted the contents f the cask, but the poison had no deadly
effect, as the officer was then in Court to speak to the facts
which he had related to the jury.
Robert Hudson, an Excise officer, corroborated the state-
ment of the Attorney-General.
Witnesses were called to prove the sale of molasses to the
son of the defendant, that they were mixed with chaff, and
used for feeding cattle, the soil of the farm being exceedingly
poor.

Two witnesses in the employment of the defendant stated
that the cask which contained home-brewed ale was buried
in their preserves, because the defendant had no cellar, the
sample-drawer being used to draw it up ; that they never saw
any symptoms of distilling on the premises ; that the copperwas
used to boil potatoes; that one of the branding irons ex-
pressed the initials of the mother of the defendant, Sarah
Garland (S. G.), and that an impression from it was made
on the " half-anchor;" that some coloured ingredient, sup-
posed to be used for.the. purpose of colouring rum and brandy,
was in reality treacle .-and water, which was made for some
children. . .

Mr. COCKBCRN then addressed the jury for the defendant,
and the Attorney-General having replied,
Lord ABINGER minutely summed up the evidence, and the
jury returned a verdict, for the Crown.—lire understand the
penalties amount to 6001.

POLICE INTELLIGENCE.
(SATURDAY.)
MANSION-HOVSE. _ _

The young man who was on Saturday week brought
before the Lord Mayor on a charge of forgery, was
brought up for re--examination. It will be recollected
that on Saturday last it was sworn that the signature
purporting to be that of the firm of Howard, Grand, and
Co., was not the handwriting of Mr. Grand, who was the
only person that signed for the house.
Mr. Mullens, of the firm of Bush and Co., attended
for the prosecution, and Mr. Clarkson defended the pri-
soner.

Mr. Clarkson then said, that although he was not in
a condition to prove that the writing of the endorsement
was by Mr. Grand, he could most satisfactorily show
that it was written by Mr. Gilbert, the clerk of Messrs.
Howard, Grand, and Co., upon Mr. Grand's authority.
Mr. Laurence, a clerk of Messrs. Willis, Percival, and
Co., bankers, was examined, and upon a letter being
shown him by Mr. Clarkson, purporting to be written
by Mr. Grand, authorising Mr. Gilbert, the clerk of the
firm, to endorse the bill in question, the witness said he
believed the signature to the letter to be that of Mr. Grand.
It was then proved by Mr. Addison that the signature
to the acceptance was in the handwriting of Mr. Gilbert.
This witness said that the defendant had resided in
apartments in his house, and sometimes went by the
name of William• Powers, and sometimes William
Nicholls.

Mr. Clarkson called upon his Lordship to discharge
the prisoner, as it was evident the charge of uttering a
forged acceptance fell to the ground.
Mr. Muliens submitted that the prisoner ought to he
remanded, since the circumstances of the case were very
suspicious, at any.rate that he should find bail.
The LORD MAYOR said the circumstances were no
doubt -uspiciou., but he did not think he should b,
justified in remanding the prisoner, nor did he think it
right to coll upon him to find bail. The case was there-
fore dismissed.

lations of the hospital, but he-would-send an officer with
her to ascertain the reason why they objected.
180 M was dispatched with the poor woman, and on
his return he informed Mr. Cottingham that if the sove-
reign was paid they would pay all expenses, and bury
the body in their churchyard, that the female and rela-
tives could follow, and see the coffin screwed down pre-
vious to interment ; but they could not part with the
body unless a sovereign was paid.
Mr. COTTINGHAM informed the poor woman that it
appeared that the authorities could demand the sove-
rein, and unless that was paid her husband• would be
dissected ; but he would allow her a sovereign out 'of the
poor box, and he hoped she would allow the authorities
to bury her husband, as that would save her a heavy
expense in burying him, for she could see him safely
interred in the hospital grounds.
The applicant seemed perfectly satisfied, and received
the sovereign.

SPO-RTING INTELLIGENCE: - -
BETTING AT lIIANCIIESTER-.-ImpAv.
CHESTER CC:l'.
•15to 1 agst Sir Robert (t) 30 to 1 agst Tacita (t)
i 16 to 1 agst Merry Andrew (t) 30 to I agst Pagan (t)
18 to 1 agst the Prior (t) 30 to 1 agst Martyr (t)
22 to 1 agst Pharaoh (t) 30 to 1 agst Young Lochin
25 to 1 agst What (t) var (t)
DERBY.
51 to 1 agst Scott's lot 20 to 1 agst Orlando
10 to 1 agst Col. Peel's lot 33 to 1 agst Voltri (t)
20 to 1 agst Ld. Exeter's lot 40 to / agst Apprantice (t
7 to 1 agst Ugly Buck 1000 to 12 agst Johnny
15 to 2 agst Rattan • Broome (t)
14 to 1 agst Leander The rest as before.