The Sun.
London, England, 1845-02-07 00:00:00

LAW .INTELLIGENCE.
• COURT OF QUEEIV'S BENCII, Feb. 6.
(Sittings.at Nisi Prius, before Lord DENMAN and a Common
Jury.)
(MUCK V. BENNETT.
This Was an action for false imprisonment, brought by the
plaintiff and his brother, who are brokers, against the defen-
dant, who resides at Limehouss, under the following circum-
stances, :The defendant let certain premises adjoining his
own houie to Messrs. Robson and Barrow. Those gentlemen
dissolved partnership, and Mr. Barrow assigned the premises
to Mr. Pontifex, of Shoe-lane, who sent a person to take pos-
session of the property and warehouse, The person sent for
this pnrpose was locked out, and the plaintiff and his brother
came after twelve o'clock at night and knocked at the hate;
and upon Mr. Bennett asking who was there, they said that
if they were not let in they would . break in the gate. The
defendant. called a policeman, and gave them into custody,
from which they were discharged the next da7. There was
a good deal of evidence as to who had the right of posses-
sion of the yard.
His LORDSIIIP having left it to the jury to say what da-
mages. if any, they would give to the plaintiff, the jury found
a verdict for the Plaintiff—Damages 40s.

----- -
try Waa now prosperous in spite of them.—(Hear, hear.)
Ii Was owing to the intervention of Providence that they
had beer:as .ved. frem the.conscquences of, the restrictive
system;. and this ought• to be a lesson to show them that
they could not thwart the ends of Providence. They
had had good harvests lately, but a system of free trade
would enable the people of this country always to enjoy
the blessings of good harvests.
Sir R. PEEL said he did not intend to be drawn into
a discussion on the subject of the corn-laws. He had had
no reason to expect that a discussion would be entered
WO at that.perlod of the session, although there was no-
thing irregular in the proceeding on the question of an
addrese to her Majesty. Yet it was usual; in matters of
such great, importance to give notice to the House.—
(llear, hear.) . He must say that the Hon. Gentleman
who had commenced that discussion hid been most tem
perate in his address, and did not appear at all to have
the intention of provoking a discussion on the subject of
the corn laws. He (Sir R. Peel) had understood him to
say that it was his intention to repeat, in a certain con-
tingency, a motion. which in the course of the last year
he had made, but rather than do it in a hostile manner,
he invited Hon. Friends of his (Sir R. Peel's) on that
(the Ministerial) side of the House, to co-operate in aue-
port of that motion, as the co-operation of the Govern-
ment on that subject would be of very little importance,
because in such case they might overcome the Govern-
ment. The Hon. Gentleman, in perfect fairness, stated
that he did not ask for an immediate decision, and he
said that he would give the House a fortnight to con-
sider. of the question, and he (Sir R. Peel) thought his
Hon. Friend the Member for Northamptonshire and the
Hon. Member for Somersetshire might have taken the
offer of the Hon. Member for Stockport, and availed them-
selves of the fortnight's consideration, rather than at once
commit themselves to the motion of the Hon. Gen-
tleman. They had, however committed themselves to it.
mustHe say that in point of temper and spirit, the Hon.
Gentleman was very fairly met by his (Sir R. Peers)
Right Hon. Friends on that side of the House. He
therefore regretted that the Hon. Member for Durham
should have afterwards addressed those gentlemen in
what might almost be called terms of vituperation.
—(Hear. hear.) He had been asked by the Hon. Mem-
ber for Manchester whether he had given any assurance
to any one that no further alteration should be made in
the corn-laws, and the lion. Gentleman said that it had
been stated by the Protection Society, and on the implied
authority of that assurance from him—(Hear, and a
laugh)—they had told the farmers that there would be no
further change. He did not think the Hon. Gentleman
had a right to put such a question to him.without giving
him notice. He did not Liar( it necessary for him to say
that he had bad riO communication with the Agricultural
Protection Society, and that he had given no assurance
inconsistent with the declarations which he had already
made in the House. As to what had been said of agricul-
tural distress, he regretted it must be admitted there was
considerable distress in some parts of the country,
and he felt sincere sympathy with the sufferers. But
be did not believe that it could be asserted that there
was general agricultural distress. He believed that in
many parts of the country there was a considerable de-
gree of prosperity. He believed that if they looked to
all parts of Englani, Scotland, and Ireland, they would
see different degrees of prosperity and adversity. But
in looking for the causes of distress, they should consider
what arose from mere physical causes. Look at the
failure of the hay crop last year, and other-failures.
Look at the extraordinary drought which prevailed
through a part of the year, and which had in some places
caused great distress. They would find that the dis-
tress arose chiefly from those natural causes, and that it
could not be attributed fairly to the changes which had
taken place in the laws regarding the importation of
agricultural produce. Nor did he think that any legis-
lative me isures would relieve the distress, or prevent its
eccasional recurrence from such natural causes. Ha
thought that the restoration of protection (as it had
been) would be impos-ibl,, and he thought that if it
were poisible, it would not be a remedy for agricultural
distress, which arose from causes which the Legislature
could not control.
Mr. BRIGHT explained, that he had not intended to
apply terms of vituperation to gentlemen opposite, of
whom he had spoken in two capacities—as private gen-
tlemen, and as Members of that House. We under-
stood the lion. Member to express regret that the
temper and intention with which he had spoken were
misunderstood.
Lord JOHN MANNERS said, that although he
was not a member of the Agricultural Protection So-
ciety, still he did not wish the debate to close, without
saying a few words in reply to some observations
which had fallen from Gentlemen on the Opposition
side. In doing so he must apologise to his friends, who
were bitter acquainted with the agricultural interest
than he was, for undertaking to reply on this occasion.
But there was one observation particularly which he was
not willing to pass unnoticed ; one Hon. Gentleman'had
said, that the landlords exposed the peasants at present
to a furious and desperate competition amongst them
selves. If, then, that competion was furious and des•
perate, how mach more so would it become if they
were exposed also, to the competition of all nations
—(Hear, hear.) e would not occupy the House fur-
ther than to observe, on a statement made by the
Hon. Member for Durham, that the Government were
frittering away the interests of the farmers and the
peasants. Now, he would ask the Hon. Member how
tar the propositi,m of the Hon. Member would im-
prove matters, by destroying their interests a` together.
He agreed with en Min. Friend near him, that in that
Bons, they were all too roady to look upon themselves
as manufacturers or- agrieulturists—(llear, hear)—and
to:o little disposed to consider the must important of all
questions, as to the relation of rich and poor in this
country.—(Hear.) He further agreed with his Hon.
Friend, that the time was not far distant when it might
be necessary that they should all unite in considering
measures for promoting the happiness of the working
classes in this empire.—llear, hear.)
Mr. BROTHERTON was not about to occupy the
House my length of time, hut he wished to make an ob-
servation upon what had fallen from the Noble Lord
who had just sat down The Noble Lord spoke of the
competition to which free trade would expose the pea-
saw, and had expressed his interest in the happiness and
welfare of the peasant, but the Noble Lord had forgotten
that there was a population in the country--(Herr,
he ur, and laughter)— and that that population must be
fed, and that to be fed it must be employed.--(ilear,
hear.) Agriculture could not employ more than ene-
eighth of the population, which was continually in-
creasing, and could only be supported by manufactures.
But manufactures could not be maintained without com-
merce.—(Hear, hear.) If they would take away the re-
strictions upon commerce, all classes wou.d be benefited
—farmers, manufacturers, and peasants.—(hear, hear.)
The corn-laws were calculated only for the benefit of the
landlords, but were unjust and mischievous to all the rent
of the country.—(Bear, hear.) He earnestly implored
the House to consider whether the restrictions upon
trade were not unjust and injurious to the whole commu-
nity, and if it were satisfied that they were so, to lose eo
time in repealing them.—(Hear, hear.)
The motion was then agreed to.
RAILWAYS.
Mr. R. COLLETT presented several petitions in fa-
vour of the branch lines propo,ed by the Hull and Selby
Raila ay Company. The Hon. Gentleman presented se-
veral other petitions in favour of the Shrewsbury and
Birmingham Railway.
The House then adjoirind at a Qx..rter to Nine
o'clock.

tion of yeast, or of a mixture Which was knowirbythe name
of -berm. In the course of the fermentation, by the
decomposition of the saccharine and the eleve-
lopmees of the spirituous matter, the whole
liquid became attenuated in its specific g..avity ;
arid the first charge for duty took place at this stage of the
ptoCess. The Learned Gentleman referred to the Act of
Parliament to show the mode in which the duty was
charged. When the fermentation was complete, and the
duty, had been ascertained, the liquid was run into what was
called a wash-charger ; and then that part of the process,
which was called the brewing process, ended. From the wash-
charger the wash was conveyed to the still, and the apparatus
now generally used was called Coffee's apparatus. By the
Act of Parliament it was required that the spirit should be
conveyed in a close safe into the receiver ; and when
in the receiver the quantity of proof spirits was ascertained
and charged. For tie protection of the revenue, there was in
the first place a notice given by the distiller of the working
gravity of his worts. Then there was the charge made after
the ferMentation process, which was called the wash, or at-
tenuation ; and, lastly, there was the charge made when the
spirits were perfected and had been conveyed into the re-
ceiver. (The Learned Counsel then referred to a model which
was placed on the table in front of the bar, of the whole of the
premises both of the distillery:and rectifying-house.) The
defendant had been permitted to use a trough for the con-
veyance of water from the liquor vats across the distillery
premises into the rectifying premises, near to the still heads,
which was an open trough, visible to the eye during the
greater part of its progress. That trough was ostensibly used
for the conveyance of water only; whether it was used for
any other purpose .the jury would presently be able to
judge. s They would bear in mind that there was a
pipe communicating with the dwelling-house, the gra-
naries, and the stables. In the year 1842 a very
intelligent supervisor, named Dlinkwater, was appointed
to this distillery, and his attention was early directed to the
state of the premises in general. The spirit receiver used on
the premises by Mr. George Smith was a vessel of the dia-
meter of 15 feet, and of the depth of 45 inches, and its ca-
pacity was about 4,000 gallons. Mr. Drinkwater, at a very
eddy
period of his supervision, suspected that the drip of that
vessel had not been correctly taken. It frequently hap-
pened that in vessels used for such a purpose there were
inequalities at the bottom, or it might be that there was an
incline, and it was necessary to take that into account in
charging the duty. The drip was used to bring the
spirits to an assumed level. When Mr. Drinkwater came to
the premises, the drip of the spirit receiver had been taken at
260 gallons, and the dip of' that drip at 4 7-10 inches. It
was quite obvious that if there was any mode ef conveying
spirits which was .not seen by the officer, he would be
baffled in his attempts to charge the duty. Mr. Drink-
water determined to re-dip the vessel, and on doing so,
he discovered that instead of the drip being 4 7.10 inches it
was only 4 6-10 inches, and although that difference might
appear trilling, yet on examination it would be seen that
there were in that way 330 gallons abstracted during a single
week, and that the defalcation in one year would amount to
2,0001. On the vessel being dripped a second time, another
tenth of, an inch: was gained. In the month of
March, 1844, two surveying examiners went to the
premises. These examiners discovered that the pump
used for the purpose of pumping up the spirits
from the receivers into the store vats was so booze, that
water could by that means be let down into the spirit re-
ceiver. They, thereforeedirected that a revenue lock should
be. put upon the pump. On this being done, the drip was
again taken, and the result was the discovery of two-tenths
of an inch more. It was remarkable that the stock agreed
perfectly with the charged spirits. Mr. Drinkwater was in-
duced to pay more minute attention to the proceedings
of the „defendants' and he then discovered a semi-
circular hole in the stop of the spirit receiver. He
mentioned this circumsiance to Mr. George Smith,
who exclaimed that that explained a statement made
to him in an anonyinous letter, that there were parties
extracting spirits from his premises at three o'clock
iu the afternoon. The Learned Counsel- then proceeded to
state the particulath of the proceedings of Mr. Drinkwater in
purSuing his inquiries. There were ten periods. A strict watch
being.. kept on the 7th, it was discovered there was an excess
of 981 gallons over six previous periods, an excess of the
quantity of wort produced by the process. On the Bth the
defendant was left to himself; and there was a deficiency of
1,551 gallons less than that produced in the last period. In
the ninth and tenth periods a strict watch was again
kept, and in the ninth there was an excess of 1,709
gallons,. the duty upon which was 6691., and in
the . teeth, of 2,090 gallons, the duty upon which
was 8181. This led him to the very point of the inquiry
before the Court. He would show that there was a way by
which these spirits Could be conveyed so as to escape paying
duty. and the Excise would have been guilty of a gross
dereliction of duty if they had not proceeded against the
defendant for this gigantic fraud. On the 14th of October
last, Mr. Drinkwater, . who had been searching to
discover what could have become of these spirits,
visited the rectifying-house, and. he then observed
some water running. from the end of a pipe in the distillery
to the still heads. He went into the distillery premises to
stop the cock of the pipes which communicated with the
liquor vats, and in a very short time the running of the pipe
at the still had ceased: The officers of the Excise then
called upon both the Messrs. Smith upon the subject, and
expressed their deteiminatien to ascertain whether there were
any concealed pipes. For this purpose they had the ground
opened, and on this being done the course of the pipe was very
distinctly and clearly traced. It came down to a sink which
was oppdsite spirit vat No. P. At the bottom of the pipe
over the sink there was a screw cock. The pipe then
returned and went through the distillery. The Learned Cou-
nsel then illustrated his meaning by referring to the model.
When they came toahicorner they discovered a pipe, which
ran offtowards the rectifying premises, they discovered that
a comniunication had been made by means of a hole being
cut in the pipe and n branch pipe inserted there. The pipe
was then carried on by the side of the rectifying premises,
and was distributed among the various vats in the rectifying
store. Now this branch was not entered by Mr. George
Smith in any part of the description of the premises furnished
by him. lie renresentedto the officers that the pipe comma •
nicating with the distillery was connected with the main of
the East London Water Works—a statement which was ut-
terly untrue, though it was a remarkable circumstance that
the two sets of pipes were almost side by side. And
farther, that this being aoifnptriiil- private e 6
epipe,g andlaida n3l e down in 1836,
there were put on some of the cocks the initials of the East
t t they had
the
atetx
Excise
ed
officers
for
ciett.sehi:.ad Whatever
n not
London. W. ater Works. It appeared on inquiry that
the piping was laid down at the request of
the
might be
tot h
soh ew
tiiintention,a
under-groundlshould
bee
l‘sliieg3lsdres.s t Smith,notion
the
pipe conveying water, and capable of :
thing else from the distillery to the rectifying; any-
house.
Such being the case the officers were instructed to
Whether it was possible to convey spirits from rectifyingtheea.sein .
house to the oistillery.' They found a great variety o cocks
which might cut aff the water in every direction. 'TI
ap-
plied to Mr. Smith to know whether they might make
their experiments, to which Mr. Smith tefin ed his en seLt.
They observed, however, that the cock of the branch - oler
,
the sink and the' cock of the spirit vat, No. wereB,
nearly on a level. The officers proposed to try an
experiment. They got a enudl tin pipe and put the end
into a tub of water, as a cyphon ; they stopped
all the com-
munication, and theil, as they considered, the communica-
tion Was complete between the vat No. 8 in the
distillery and the? vat No. 17 in the rectifying house.
The result of the experiments tried 'in consequence
of the 'discovery which had been made was, that by
means of this communication there were conveyed
in one hour 658 gallons of proof spirits from the vat !co.
8 in the distillery to theyat No. 17 in the rectifying house.
This *experiment was made by persons not experienced in
passing_ Spirits through water• pipes, and not as capable of
passing it swiftly as those who, he thought, the jury would
now believe, were in the habit of doing so. This solved the
mystery—this accounted for tine excess of spirits produced
above what appeared on the receiver. But it was not for
passing spirits through this pipe the present informations
were laid. The defendant was charged with having pipes
through which spirits could be passed, and it was not to be
supposed that for any other purpose the defendant would
have rendered himself liable to such heavy penalties as the
law had fixed. It showed in this very case the wisdom of
the law in providing that persons in the business of the
defendant, should not supply themselves with the means
of transmitting spirits from the distillery to the rectifiers.
He could not conclude his address without expressing his
surprise at the course of pleading adopted by the defendant.
The first count of tlie indictment charged the defendant with
carrying on a distillery within a quarter of a mile from a
rectifying liouse. To that he pleaded not guilty. But Mr.
Smith ought to knew that fur the three years in which he
had,been casrying on Lino business, he had been liable-to-the
penalties, as lie would see upon referring to the decision in
.the case of Start v. Smith, in • the lit Bramwell v. Norris,
page 194. He (the. Solicitor-General) had trespassed at
great length upon the time of tile Court and the jury, but
the impoitance of the case would behis apology. He would
now call witnesses to prove the facts which he had stated ;
and he felt confident that the jury would. devote full atten
lion to the case. Ile was sure that public justice was safe
in their hands, and that they. would apply the law in the
case with impartiality and 'discernment. He then called—
Daniel Wentworth Thornton—ls a supervisor of Excise.
Surveyed the premises of Mr. Smith from the 29th of Sept.,
1838, to May 1843. Produced time last entry under which
they worked, or, the 16th of September, 1840.
eross.examinea by Mr. KELLY—When he surveyed the
preinises he was 'generally there from eight to nine hours
a day. The officers on the premises were himself, another
officer, and the supervisor.
To Mr. Baron ALDEasoat—Was then an officer—is now a
supervisor.
'l'o Mr. KELLY—These were always present when a charge
was taken. There were always officers there during the
distilling week. That was not constantly the case during
the brewing week. The officers examined the premises
sometimes at night. They could do so at any uncertain
time, if they thought it necessary to take the distiller
by Surprise. Did not know how long the premises had been
used as a distillery. Tine officers knew that there
was a water pipe for supplying water from the large reservoir
over the granaries. That reservoir was capable of containing
several hundred thousand gallons of water. It was supplied
by the East London Company. A vast quantity of water
was necessary for the purposes of a distillery. The stables
at the opposite side of the road and the dwelling-house were
supplied from that reservoir. Did not know in what way
the rectifying distillery of Mr. James Smith was supplied.
Was never before aware that it was supplied from a branch
pipe from, the said reservoir. All the cocks and pipes in a
distillery have, according to the Act of Parliament, parti-
cular celours to distinguish the liquid which passes through
them.
Mr. KELay—We have heard a great deal about spirits
passing, from tine vat No. S in, the distillery to No. 17
in the rectifying-house. Point out these on the model.
(The witness did so, and also showed the plan of
the reservoir in the building on
the top -of which was
tine above-mentioned reservoir.) After the spirit • was
deposited in that receiver, the Excise had done with it, ex-
cept that the spirit, when the manufacture was completed,
and thus passed into that receiver, was dipped, and the quan-
tity to be charged with duty was ascertained. After that the
Excise had dune with it. The officers had to ascertain whether
the quantity of spirit corresponded with the quantity of wash
from which it was made ; 100 gallons of wash, at 50, was
calculateekas capable of yielding 10 gallene of spirit, but it
ought to yield more. If the. product was less, the charge was
made on the wash' ; that is, up to 10 gallons. If it exceeded
10, the excess was charged up to 12i gallons., If the
excess was more than a gallons,
and a fourth above
that, it vas inferred, according to the 71st section
of the Act, that fraud had been committed. After
the officers had once charged upon the spirits in the
receiver they did not make any other charge upon it when
removed to the larger vats. At every. distillery the spirits
in the receiver was guaged two or three tones a day or oftener.
When the%spirits Was removed to the rats, stuck was taken
by the officers about once a fortnight, The spirit was re-
moved from the receiver to the vats by pumping it out. In
the vats the officers might examine it at any hour of the day
or night, and as often as they pleased. Knows enough of the
business to be able to say that the quantity of spirits pro
deiced varied m ith the density and strength of the wash and
the quality of the grain.
Re-eXamined by Mr. JAMES—Stock wed taken once a fort-
night. Witness knees- nothing of tine underground pipe lead-
ing to the receiviag•house. A different set of officers attended
to thate.ttablillunent. •

COURT OF COMMON PLEAS, Feb. 6.
(Sittings at Nisi Prius.)
MANSETA. v. VETO AND GRI,SET.L.
The plaintiff in this .case is the proprietor of the well-
known coffee-house and hotel, called " Oliver's," at the Mid-
dlesex end of Westminster-bridge, adjoining Palace-yard,
and this action was brought against the contractors under
the Woods and Forests, to recover compensation for the in-
jury done to plaintiff's premises by the defendants' excava-
tions for the new Houses of Parliament.
At four o'clock the case was adjourned till to morrow.

COURT OF EXCHEQUER, Feb. 6.
(Before the Lord Chief BARON and a Special Jury.)
TRIAL AT BAR.
THE ALLEGED FRAUDS UPON THE REVENUE.

TILE ATTORNEY-GENERAL V. SMITH.
As early as nine o'clock all the avenues to this Court were
beset with persons who were anxious to obtain admittance in
conseqUence of the case of Messrs. Smith. the spirit distillers,
being fixed for trial at bar this day. No case which has
been tried for a considerable time appeared to have excited a
greater degree of general interest.
The Counsel for the Crown were the Solicitor-General, Sir
T. Wilde, Mr. Jervis, and Mr. T. Wilde, jun. ; Mr. Kelly,
Mr. Watson, and Mr. Martin appeared as counsel for the
defendant.

The jury having been sworn,
Mr WILDF. said this was an information filed by her
Majesty's Attorney-General against George Smith. The first
count charged the defendants with using a distillery
within a quarter of a mile of a rectifying-house ; the second
count charged him with having a communication between
the two sets of premises, wherby spirits might be conveyed
from the one to the other ; the third, with using a distillery
within a quarter of a mile of a rectifying- house, with an under-
ground pipe, by means of which spirits might be conveyed
from the one to the other ; the fourth, with having a distil
lery within a quarter of a mile of a rectifying-house, and
having a trough to communicate between them ; the fifth
count. charged the defendant with using a distillery within
a quarter of a mile of a rectifying-house, the distillery having
been erected before the 6th of April, 1825, but having a com-
munication between the premises, by which spirits might be
conveyed from one to the other. The penalties claimed by
the Crown amounted to 9.000/. To the whole of these counts
the defendant had pleaded not guilty.
The SOLICITOR-GENERAL in opening the case for the
Crown said, the magnitude and importance of the case which
was about to be tried had induced him to ask for the unusual
solemniti of a trial at bar. Not that he anticipated that any
serious 'difficulty would be found to exist, when the case was
thoroughly understood, but. knowing the large stake which
Was at issue, and feeling the important consequences to the
defendant of the result of this inquiry, and being aware too
that the.defendant had secured the advantage of the greatest
ingenuity and talent, and that they should be able to win
their way to . a fair and just result of the investigation
through numerous objections, he had felt it neces-
sary to - have the assistance of the united wisdom
which. presided in that Court, in order that
they might be able to arrive safely and securely to the con-
clusion which the law required. On the 2d of November last
ycar a seizure was made upon the premises of Mr. George
Smith, the, defendant, of his valuable stock in trade and uten-
sils, and the-, public ear was immediately filled with com-
plaints of the tyranny and oppression of the Excise ; and
men's minds-were filled with amazement at the consequences
which must result from stopping a concern of such enormous
mag,nitude .lle would at once claim his fair share in the
responsibility of that proceeding. Was it to be said that be-
cause the fraud into which they were about to inquire must
have been carried on, if carried on at all, on a most gigantic
scale, they *ere to be deterred by the magnitude of the case
from administering the law equally and impartially to a l ?
lle distinctly avowed that the seizure had been conducted

upon his. edi;ice and upon his responsibility, and he was de-
sircns to share in all the consequences which might attach to
it, notwithstanding the attempts which had been made to
excite public sympathy on behalf of the defendant. The
Learned Counsel then referred to the application which was
made to.that Court in the course of the present term to com-
pel the Crown to produce particulars of its charges, and for
having since published the affidavits used on that occasion in
order to excite public sympathy in his behalf. lie then
proceeded to say that the defendant had for many
years carried on, to an enormous extent, the business
of a distiller, in Bucks-row, Whitcehapel. The duties
which he had to pay the GoYernment amounted to 1,0001. a day.
He residesl in a dwelling-house on the premises with his
brother, Mr. James Scott Smith, who carried on the business
of a rectifies on premises adjoining the distillery. The de-
fendant and his brother were not in partnership, the law
prohibiting a distiller 'from carrying on the business of a rec-
tifier, and a rectifier from carrying on that of a distiller.
But though.such an union as partnership was prohibited by
law they occupied the same premises, and lived in the same
houso, many of their workmen were employed in common,
and lie believed the same horses and carts belonged to both.
The jury were aware that, in order to protect the revenue,
persons who dealt in excisable commodities were put under
very strict and stringent regulations, which were perfectly
well known to the trade. Amongst other regulations apply-
ing to this particular case were those of the Gth of George
111., c. 80. By the 30th section it was required that, before
commencing to brew, or make spirits, the brewer or distiller
should furnish to the officer authorised to receive the same,
an account in writing, setting forth his name and place of
abode, and giving a true description of the vessels
and utensils intended to be used by bins ; and by the
32,1 section it was required that together with every such
account there should be delivered a drawing or descripiion or
descriptions distinctly showing the course, direction, and con-
struction of all pipes, cocks, or instruments, to be used in the
business. The Learned Counsel then quoted the 35th sec-
tion, prohibiting parties from carrying on the business
of rectifying within a quarter of a mile in a direct line from
premises used in distilling, adding that when the Act was
passed the Messrs. Smiths were exempted on account of the
loss which they would otherwise suffer from the provision
with respect to the distance between a rectify-
ing house and a distillery. But no distiller at
the present day could set up a distillery within a
quarter, of a mile of a rectifying house. With regard to
those persons whose premises were in existence at the time
of the passing of the Act, it was to be observed that they
were within the benefit of the proviso, so long and
as long only as there was no way, opening, or
other communication, by which any spirits could be
conveyed from the one to the other, except by an
open carriage or waggon. The object of this regula-
tion must be apparent, when he stated that the premises of
rectifiers were not exposed to the same constant supervision
and visitation, on the part of the officers of the revenue, as
those of a distiller, and that the only charge which took
place in the case
,of a rectifier was, when the spirits were
permitted out -to his customers. The premises of the
rectifier were closed from seven o'clock in the evening until
seven o'clock the next morning, and during that period no
officer could have access to them, except by permission of
the proprietor of the concern. It was obvious, therefore,
that if. there were any communication concealed from
the officers, frauds to an enormous extent might
be. committed. Now the charge which the Crown
preferred agaiust Mr. George Smith was, that he had carried
on his baSiness of a distiller within requester of a mile of his
brother'S rectifying premises, in such a manner as to bring
Itin-.self within the penal clause of the Act, there being a com
ntunication between the two sets- of premises. • The charge
brought:against the defendant-V:0 grounded on the f.ict that
there had been a way or communication between his distillery
premises and the premiseS of his brother, the recitifier, by
which spirits could be.conveyed from the one set of premises.
to the other. The object of the Act vas pieventiVeand. pro•-
tee-live. It was not mecessary that the officers of thwrevenue i
should prove that the pipe had been used ; it was sufficient
to shoW that it -. might be used for the purpose
of conveying . spirits. They could not show that
on: any partic lar occasion spirits actually passed. The
stock of the distiller was only taken by the officer Once a fort-
night. The premises of the rectifier were sealed against
him. During the night spirits might be clandestinely
conveyed . while there, was no person upon the premises
to - " watch.- • the proceeding. This might be . done •
furtively, and so securely as to elude all observation.
He, therefore, at once charged the defendant, Mr. George
Smith, with haying, according ,to tire express terms of the
law, incurred she penalty of 500/. a week by carrying on his
distillery business within a quarter of a mile of the premises
of his brother, not being within the benefit of the pro-
viso of the Act to which he had referred, on account of
the open- way or communication which existed between
them. The Learned- Counsel then referred to the .15th
and IGth sections of the Act of Parliament, contending
that the term communication, as there used, applied
to a pipe connecting a distillery with a rectifying-house.
It was quite clear from the words of the Act, that by the
word “ communication" the Legislature meant, amen..
other -things, to include a pipe. Every word used iu the
15th and 16th sections was applicable to pipes con-
necting •difrerent vessels and utensils with each other.
Here, then, he made his stand upon tha law. If he
were right in the view he was presenting to the jury,
the case was made out against the defendant. But
now it might perhaps be said, that it was a harsh mea-
sure of justice to apply the penal provisions of this Act of
Parliament so stringently and so closely; that to rest upon
-the letter of the law was bard in any. case, while in this it
' would be overwhelming. He was not insensible to the feel-
' ing that might be excited by this view of the case, and he
was anxious to:remove any unfavourable impression which
might exist with regard to the proceedings instituted by the
Crown. Although he was not required to advance a single step
beyond the position which he had assumed, he was anxious
to satisfy the minds of the jury- as to the propriety
of all that had been done in reference to that prosecution.
Mr. George• Smith was carrying on his business under an en-
try of his premises made on the 15th of• September, 1840. Ac-
cording to the provisions of the Act, besides the entry of the
place of business, and the utensils or vessels - employed in it, it
was necessary to give a description or drawing of all the pipes
and all the branches of pipes upon the premises, and to point
.out distinctly with what they communicated. -The Learned
Counsel then referred to the 32d section of the Act
requiring this account. Mr. Smith's entry was accompanied,
•not with a drawing showing the course of the pipes,
' but with a, written description of them. The Learned Coun-
sel then quoted the words of .the 'entry, which stated at the
close that the use of the pipes referred to in it was to convey
the contents of the utensils with which they were connected,
' and that the use of the said cocks attached to them was to open
or intercept, as occasion might require, the communication
by means of the pipes. In order that the jury might un-
derstand his statement, he must shortly describe the process
of distillation. They were aware that the materials usually
employed in distillation in England were a mixture of malt
and grain. These materials, after being ground, were put
into a large vessel called the mash tub. Hot water was
poured• into the mash tub for the purpose of infusion ; and
then the mixture was stirred or mashed for the purpose of
extracting,' the saccharine matter by the action of the water
.i
0.
ex: pn oi set In, det
at ot i 0 tnh e open air,
u
upon the grain and malt. When the infusion was
complete' -the result of it was drawn into a receptacle
called the under-vat. It then passed either into cooling vats,
e
portopitpheast
purpose of being cooled. From the frigerator it
e name of worts. In the wash-vats
process of fermentation took. place by
passed into what were called wash-vacs.
ipnesrnisoe(risetdhein cold water,
where the process
known by the began.-
the
-xvtaautprsepiit:
applies-

RAILWAY BUSINESS IN PAR-
LIAMENT.
Petitions for Bills were presented for the following Rail-
ways, and ordered to lie on the table :
York and Scarborough Railway Deviation—Manchester
and Leeds Railway—Manchester and Leeds Railway (Burn-
lev Branch and Oldham and HeYWoOd gxtension)—Ashton,-
Sialybridge, and Liverpool Junction Railway (Ardwick and.
Guide Bridge Branches)—London and South-Western Rail-
way, No. 1 (Metropolitan Extension)—Guildford, Chichester,
and Portsmouth Railway—Edinburgh and Glasgow Railway
—Ualedonian Railway—Glasgow, Dumfrieg, and Carlisle
Railway—Manchester and Birmingham Railway (Ashton
Branch )—Leeds and West Riding Junction Railway—Rich.
mond (Surrey) Railway—West Yorkshire Railway—Leeds,
Dewsbury, and Manchester Junction Railway.
NOTICES GIVEN AT THE PRIVATE BILL OFFICE.-
WEDNESDAY, FEB. 5, 1845.
Wakefield, Pontefract, and Goole Railway, Committee on
Petition—Manchester and Leeds Railway, Committee on
Petition—Manchester and Leeds Railway (Burnley Branch
and Oldham and Heywood Branches Extension), Committee
on Petition—London and South-Western Railway, No. 1
(Metropolitan Extension), Committee on Petition—Guild-
ford, Chichester, and Portsmouth Railway, Committee on
Petition—Ashton, Stalybridge, and Liverpool Junction Rail-
way (Ardwick and Guide Bridge Branches), Committee on
Petition, all on Monday, Feb. 17.

RAILWAY DEPARTMENT OF THE
BOARD OF TRADE.

The Hon. William Ashley, the Chisholm, Colonel Colqu-
houn, and William Morley, Esqs., a deputation of the Pio-
visional Committee of the Direct Northern Railway, accom-
panied by Sir John Rennie, Mr. Webster, Mr. Leech, and Mr.
Ord, transacted business at the Board of Trade on Wednes-
day, when the following memorials were presented in favour'
of the Direct Northern Railway :—From the Mayor 'and,
from a majority- of the Town Council of Hull ; presented by
the Mayor of Hull. From the shipowners, merchants, and
inhabitants of Hull ; presented by Samuel Talbot Hassell,
Esq., and a deputation from Hull. From the Hull
Guardian Society for the Protection of Trade presented by
John Foster, Esq., the President, and Mr. Alderman
Gresham. From bankers, merchants, and inhabitants of
Gainsborough presented by George Hay Bellwood, 17..5q ,
and Robert Willingal, Esq. From landowners and others at
Bligton, Stockwith, and Beckingbam ; presented by Sir
Joseph Rudsdall. From the city of Lincoln, the mayor and
inhabitants of Kirton, Messingham, Scottar, and Botters-
ford ; presented by the Rev. Robert Ductile. From land-
owners and others of Brigg and Market Kasen ; presented
by Mr. Alderman Atkinson, of Hull. From the inhabitants
of the borough of Stamford ; presented by Colonel Colqu-
houn. From Saint Neots, Sandys, Alconburv, Buckton,
Upton, Sawtrey, &c. ; presented by The Chisholm. From
Epwath and Curule, in the Isle of Axholme • by R. Denison
—and from Lincoln, Louth, and Wragby ; by the Hon. Mr.
Ashley.
Mr. Hardy, Mr. Martin, Mr. Cowling Arkroyd,
and Mr. Rouse,. ot ,tation from Bradford, attended at the
Board of Trade to' 1.
presentsai memorial in favour of the Lon-
donsent andet bYoy rk w
and Mr.
memorials were also pre-
HudderAield ; by Mr. John Br. Freeman, a deputation from
fiNrolThomas
eiAlder, ,
Mr. Thomas Haigh, a deputation from
deputation from St. Neots; Mr.
,JrohlommNa:t\lNaani
iel
Mr.
Wilkinson,
at a public meeting
,la°sdteepr'uatatn
r. Mapp 11;11rd.
hi, and Mr.
at Doncaster; by
Dawson, a deputation from Sheffield.

ASTOUNDING ! —The following will amuse
readers :—" The Havre and Rouen RailrosaCao our
amyrntiye,
founded by Charles Laffitte, is thus composed,"
Courrier Francais:—" the principal engineers are Engll,l,
the overseers are English, the operatives are English, and the
machinery has been fabricated in England. Everything in
the concern is English, even Charles Laffitte himself, who
voted for Pritchard."

THE SUN, LONDON, PIifDAYIVIORNIN&-FEBRUARY 7 1845.

Some time was then occupied in reading the description of
the premises and utensils returned, according to the Act, by
the defendant lo the Excise authorities.
Mr. William Morland, a land-surveyor, examined by Mr.
Jativis----He made the model in Court, on a scale of thin-
eighths of an inch to a foot. The -pipes are all made to the
same scale. A part of one end of the premises was omitted.
Cross-examined by Mr. KELLY-4n the model two-thirds
of the tank were left out, because otherwise the model would
be too large. Did not know enough of the Lusinewa to be
able to say what became of the water which was conveyed
by the pipe under the road to the rectifying-house. 'lle
whole of.the premises (the rectifying-house) and the vesse:s
were supplied from that pipe, with the exception of a spirit
vat in the cellar. The pipe iad no connexion with the spirit
receiver.
Joseph Drinkwater, examined by Sir THOMAS WILDE—Is
supervisor of Excise of Stepney second division. Took charge
of Mr. Smith's premises in March, 1842. Left it in August.
Was also absent from December to January, when he returned,
and remained in survey of the distillery up to June last. Had
examined the reservoir and ascertained there was an error
in the drip before taken. The model is Court is a correct
model of the premises. The entrance to the rectifying-house
was in Brick-lane. It was surrounded by a wall which sepa-
rated it from the distillery, with which there was no apparent
communication. In the distillery there were two very
large water-tanks. 'ln Brick-lane there were very
large stables, in which the horses belonging to the two
establishments, the distillery and rectifying-house, were kept.
All the carts he had ever seen belonging to either establish-
ment were marked with the same name—Thomas Smith
and Co. The processes of distilling and brewing were not
carried on at the Same time, but in different weeks. In
brewing, when the water was put to the grain, it was called
worts. The vessel was called the under back ; from that it
was conveyed to the coolers, and froM them ran into the
wash back, in which the process of fermentation commenced.
The strength of the wash was ascertained by its Emecitic.
gravity. After that was ascertained, the distiller was allowed
to add yeast or other ferment to it. After fermentation
commenced the gravity diminished •, but no charg
was estimated until it went to the still. It was
then estimated according to the attenuation. that
had taken place in the process of fermentation ; that is,
the difference of specific gravity from the first to the last.
The change was made for one gallon of proof spirits for
every live degrees of attenuation upon a hundred gallons of
wash. The receiver had glass sides and a glass top. It
was not an exact level, but was somewhat inclined. -The
quantity in the receiver was ascertained by the dipping rod,
Nfas,t4..
at,eaht
ieelr atl
ieNnvova.tes4ille.er times.
ascertained
which was dipped into it through an opening in the top,
rass
loping
6dc,scriieinn:tlw.bi
long
liv' by
mto'uleolaaikcnshtuti the drip p t Witnessemb er , 1
sfi
4r first
He measured in 260 gallons, and the dipping rod told an in-
clination of four inches six-tenths.

To Mr. Baron i101.3,-E—lt requirvit 260 gallono of water to
rise to the level of the highest part of the bottom.
To the LORD CHIFF BARON—The dipping-rod having
shown an inclination of four inches and six-tenths to be
covered by 260 gallons, in making the charge that quantity
was counted for the first four inches and six-tenths shown by

the dipping-rod; and the remainder of the charge was cal-
culated by the dimensions of the vat and the height of the
contents. The-drip taken hefornwas set down as four inches
sever tenths, with the same quantity of water. That one-
tenth difference in the calculation made a difference of about
nine gallons in the estimate of the charge. A part of the re-
ceiver was sunk in the ground. The'place where it stood was
very dark, and in taking their charge the officers were
obliged to use a lamp. The place altogether was very in-
convenient for them.—(The witness explained by the model
the position in which the officers stood when using the dip-
ping-rod, and pointed out the alleged inconvenience, which
we could not explain without the same means.)—The depth
of the receiver was 45 inches ; the spirit was pumped up from
the receiver into the vats. TWo of the vats were over the
receiver. The vat No. 8 was the furthest from the receiver,
from' which the spirit was pumped into it, through a pipe 26
or 28 feet long. There was an Excise lock upon the pump, and
when thereceiver was exhausted the pump was locked.
lie knew the large water tank oVer the granary, from which
a pi;,e ran the whole length of the building. A. branch
from it led into the spirit house, and to a small tank under
the Vat No. 8. That small tank was entered in the Excise,
loth- as a spirit and a water-tank. From that there was a
pipe- which crossed Vder the carriage way into the
rectifying distillery, 'Where it met with another pipe,
and a branch from these led to the liquor back.
Sir T. WILDE—You mean the water back? Witness—Yes;
liquor always means water.
The CIIIEF BARON-Then I have been all along following
you in a mistake. I thought by " liquor" you meant spirit.
The witness then pointed out the course of these pipes
and their ramifications in the two establishments. In
several places there were cocks by which the water or
other fluid could be .stopped off from different branches.
After the junction. pipe, which crossed under the road, entered
the rectifying-house, it went on to the room No. 4,
in which there were no spirit rvats. 'But the pipe
went next into the spirit store-house, No. 8, and
there communicated with almOst all the vats. It com-
municated directly with the vats from No. 14 to No. 17,
and sent off branches to the others, and to the receiver and
the wormhead. There were cocks to all these pipes, and

branche, by which the water could be stopped oft from any

or all of them. The princieal pipe,- from which the junction
pipe crossed under the road joined the main of the East London
Water Company; but the junction-pipe and the branches
in the rectifying-house had no connexion with the water main.
There was a trough which traversed the top of the distillery
&Om the large tank, and crossed over the carriage• way, into
the rectifying-house, where it supplied all the worm tubs.
The worm tubs in the distillery were also supplied from it.
In the rectifying-house there was .a, small tank WhiCh was
filled with water pumped up froni,the worm tubs, by the
same machinery that worked the pumps in the. distillery.
In October, 184.3, being in. the rectifying-house, with
twoc
esru,r
Batten,
11,1.:ortsi,ceCdamtietarotn,,,,aathedr Im'r,aanskeisolit:linagndinatroi
o the worm-heads. It was about three days after that he gave
direction's t, open the ground. It was on the 14th of October
,"tItT•
they first observed the water in the still-heads. On the 15th
they saw Mr. Georg-ff. Smith, the defendant. Mr. Cameron
asked him if there was a communication between
his distillery and his brother's rectifying-house P
Ile replied, "You are not going to catch me." Cameron
observed that " no doubt Mr. Smith had heard from his
brother what occurred at the rectitying-house the day be-
lore; but that all they (tlui officers) wanted to know was,
whether there was a communication between the two pre-
mises." (The witness here obtained permission to refer to
the notes which lie made of the conversation immediately af-
ter.) In answer to another question from Mr. Cameron, Mr.
Smith said that " a pipe • from the large tank- supplied
the troughs which "ommunicated with every part of the
two premises, with the, water-main, and consequently. .with
all the houses in the neighbourhood.""fhey then caused the
water to be stopped, by putting -a plug in the hole of the
tank from which the Water flowed ' through the downright
pipe into the troughs ;' and on going into the rectifying-
house they found that the water still flowed for
five minutes in the • worm-heads. The next day
they traced the pipe, which entered the rectifying-
house from the distillery, to, all the .vats in the rectifying-
house. They were not then aware that the pipe came from
the distillery. They thought it came from the water-main.
Mr. KELLY—Are those notes original, or a copy of what
you first wrote? Witness—They are the original.
Mr. KELLY then asked to look at them, but

The Curs atitox said that thA Learned Counsel could riot
have theM until the Wihiess had finished using them. They
were not evidence, but only usect.to refresh his memory.
Cross-examination resumedliad 'suspected before that
there was a pipe underground communicating • from the dis-
tillery to the rectifying. house. On the 17th, /from
,all they
had observed, they determined to open the ground, and they
proceeded :to do so in the rectifying-house.' They
traced the pipes -there to the junction-pipe leading
from the distillery. Mr. Cameron went in :the meantime
to Mr. G. Smith, the defendant, and' stated his intention of
opening the ground in the distillery,. Mr. Smith at first said
that they should wait until they had done in the other house,
as he wished to employ the same men. Mr. Cameron per-
sisted, and, -after a time, Mr. Smith gave him the men to do
the work. On that night some one took out a plug from the
water main, and flooded the excavation in which they had
traced the pipe that day.
Mr. KELLY—You must not charge us with what the water
company did.

E.:tau:dilation resumed—On the 18th and 19th they traced
the pipes across the road, and the whole way to the granaries.
Cameron then said to Mr. Smith that he . thought it
would be possible to transmit spirits from the distillery
to the reetifying•house through that pipe. Mr. Smith
'said that -it'ivas impoisible, 'as -it would require a
kft-handed cock to do so,-and he defied them to find a left-
handed cock on his premises. The officers said that they
would make the experiment with a tub of water.. Mr. Smith
said if they succeeded, they would do more than any one, else
ever did or thought of. They made the experiment, however.
Having connected the tub, containing sixty gallons of water,
by a hose with the pipe, and having"stopped off the cocker of
all the branches except that leading to the vat, No. 17, in
the rectifying-house, the water passed from the tub to the
vat in about a minute. Witness and Cameron remained
in the distillery attending to . the tub, while the
officers went into the other house to watch the result
at the vat. Some of Mr. Smith's servants and he hiinself
were present. After the water was gone from the tub Mr.
James Smith came in, and said that the conduct of the
cfficers was diabolical.. Mr. G. Smith said that they had
put some water in the tub, and that they had made it dis-
-appear as if by some magic of their own. After this ex-
p,rehrei
ym eanstk et
dh e
Mr. nrsi
tslaiesd
pt
ehrelyn
sws re
ceaht whe ii.etittussiet
di ri ttso.
give. He said that to pass spirits in that way would be
illegal ; he would not oppose them by force, but would hold
theni responsible for whatever they did. Witness procured
a pipe eleven feet long. with which lie connected the spirit
vat No. 8, in the distillery, with the vat No. 17, in
the rectifying-house. The strength of the spirit in No. 8 had
been first ascertained by the other officers. The spirit
was then permitted to flow from the . vat into the pipe, but
after a short time it ceased to flow. • This was ascertained
Thisupon
weaxsare
eodn ,hyt to
ebrem
irth:t
ienags i ownaed te r byi.ronalirt
hien
wtahteer pipes
t
to flow through them, as there was a great pressure;
and the leaks being stopped with putt-, the spirits
in the vat, No. 8, was examined, and it was found
that about 33 gallons had been us. din the first trial. The
cock of No. 8 was then, hatted, and the spirits permitted to
flow into the pipe. Whilst it was running he went round to
No. 17, in the other house, and four d the spirits coming in
very fast, and of a great strength. gradually increasing
to eleven above proof. He had, samples of the spirit
in Court. . He had .not himself. tested the strength
of the spirit in No. 8. When they were satisfied with the
experiment they got out the spirit - that remained in the
pipes, by causing the water from the tank to flow through
them, which forced the spirit .out. They afterwards tasted
the water, and found that it had no flavour of spirit. When
they were about to make the experiment, Mr. G. Smith
said they would contaminate all the water on the
premises with spirits, and the horses would be drunkke.
weeks. Subsequently, on the 30th, Mr. Smith tol light that
his family had nut been, able since the experiment to get a
drop of water free from the taint of spirit*. Witness said lie
wouldT 0
the ta sct I
EtlFt.e
because
s6ioeseceuaailsvqfnilal;dusa.,tW.
quantity
hbtaoftiaetityty3iralttserboipc.fimoeii
,uSirostiteiitpunestliaiortwitti
tiheei:sxraenwewda.momh3oiitleindosheiewnftthbli
4oe
the
allow him, and asked " r!y what right he attempted to enter
it was
ea
his (defendant's) house?'
re-
mained in the whole line of pipes, after the flow from one vat
to the other had ceased, would be about 450 gallons. These
might (if allowed to reinain-long in the pipes) become mixed
e,nouteolmdptlttnyeo.otther 450
Frith a little Water.
The CHIEF 'limtox.-Then every time- the machinery was
el‘n:ipialoe.;_edTtohepasnsiisxptitriirwieshfiocrofhi.n,htathh,deebomerf:totetreehrobtelmse
gallons would be placed in jeopardy ? Witness (to Sir T,
Ebeleve:
gat!. re-distilled
experiment,s,
ictsiol iautsinitco:l7,
nI
hundred gallons of water were afterwards passed through
the pipes to show that no spirit remained them.
witnesseSiri'Eloc\Niirt.iviLni)co,F said
itil
lEF ja that he
the case.
ex-
pedientTh to adjourn the examination till to-MorroW, as it was
now beyond half. past finis. •
Mr. KELLY submittedlhat it was highly desirable that the
jury should examine the premises in person, -as it was evident

that the model, elaborate as it.was, did not enable hem to
judge correctly of the evidelice.
The SOLICITOR-GENERAL said that, if the application had
been made before the trial had proceeded so far, he should
have been dispdsed to accede to it. But he thought it would
now be highly inexpedient.
Mr. MARTIN could not see what was the objection. The
defendant's friends could exercise no influence or misrepresent
anything, as the premises were entirely in the hands of the
Excise.

The CHIEF BARON thought it would be necessary now to
go on as well as they could with the assistance they alreac,y
possessed:

The Court then rose.

CENTRAL CRIMINAL COURT.
OLD COURT.

(Before Mr. Justice WHaanats and Mr. Justice CRE.SSWELL.)
ADMINISTERING POISON AT UXBRII3GE.—Thomas Francis
„Dickman, aged 19, described as a baker, was indicted for
feloniously and maliciously administering to Mary Dickman,
his wife, a large quantity of oxalic acid, with intent to murder
her. The prisoner had pleaded that he was " not guilty."
Mr. Robinson appeared for the prosecution, and Mr. Clark-
son for the prisoner.
The facts of the case appeared in Tie Sun within the lAst
ten da3s, and must be fresh in the recollec ion of our readers.
The case for the prosecution broke down, and Mr. Justice
Williams directed the jury to acquit the prisoner. There
was another indictment against him for attempting to poison
his child; on this also he was acquitted.
Thomas Griffiihs, aged 21, a genteelly-dressed young man,
described as a footman, pleaded guilty to forging and utter-
ing an order for payment of 10/., with intent to defraud
Messrs. Barnard and Co.. the bankers, and was sentenced to
be transported for fifteen years.

iOLICE INTELLIGENCE
VIAMES POLICE.
Wednesday, tla I matsaain aril thirteen other Chincie
seamen, native, of Canton, who were distinguished by
their long tails of plaited black hair, and small caps on
their heads, came to this office to make a complaint
against the master and owner of the Repulse, East
Indianian.
The boatswain, a good t' mpered Chiaaman, got icto
the witeesa box and began to address the magistrate,
but his Digs!) was so imperfect that he could not make
himself understood, and an Englishman who accompa-
nied the natives of the C• lestial Empire raid he would
state their case. The Chinamen shipped in the Repulse,
at Hong-Kena, under articles which specified thst they
were to be paid six &Airs per month, except the boat-
swain, who was to receive seven dollars. The articles,
as he under.stood the men, further stipulated that the
captain of the Reaulse was to send them back to China
in anode r ship at the svre wages. Their engagement
with the Repulse had terminat d, and the who!e of the
Chinatnen had been paid all their wages except twenty
dollars, which they would receive in their own coun-
try. That meriting they were seat to another ship,
the Ellen Ste a art, in the St. Katharine's Dock,
and upon asking for the articles and the amount of
wages they were to receive, the captain said they were
sent on board as pustengers, and would be taken back to
Hong-Kong as such, and not as seamen. The men re-
fused to remain on board, and now sought the Magis-
trate's interference to compel the master or owner of the
Repulse to fulfil tha engagement entered into at Hong-
Kong, and ship them as seamen at the same rate of
wages as they had been paid on the voyage to England.
There were four other men who shipped at Calcutta in
the same condition.
Mr. BRODERIP said he was not aware that he had any
power to compel the master or owner to ship the men
us seamen in any vessel bound to Hong-Kong at six
doltars per month; and he thought it was unlikely that
such an agreement was entered into with the man; but
the owner or master vas bound to send them back to
their own country, and if they did not the Lords of the
Adtaira ty .would take it upon themselves to do so, and
sue the owner for the expenses incurred in relieving,
maintaining, and finding a passage for them.
Mr. Symo s, the chief clerk, said the owner of the
Rapnlvie had waited upon him respecting these men, and
said, they only shipped for the voyage to Ragland, and
not for the voyage hornewas-ds.
Mr. llstoDEsur —ln that crse the owner has done all
the law requires of him—provided them with a ship t,*
convey thn m back to their own country.
The boatswaia said his men wanted six dollars per
month wage., and they signed for it.
13notwasr a,ked the Chinaman's interpreter if
he bad seen the ship's articles, and he replied in the
negativv.
r. BRODERIP then directed Barber, a_ police-con-
stable, to wait upon the owner, who was stated to have
offices at No. 29, Cornitill, and retreat him to wait up
the sitting magistrate the fwioks 11;•; day with the
article, and explain the cir, uinsiunc:s se th, case.
The boatswain mad- his tedattum, took his long tad
under his arm, and retail!.
William • RafliasTßEET.
Barkhouse and'Jolin 31,11 tin were charged by the
landlord of the Coach and Horses, Covent-garden, with cre-
ating a disturbance, and assaulting him on time previous
evening. The evidence of the landlord and his brother was
to the effect, that about eleven o'clock the night prcvions, the
defendant Martin came into his.house, and ordered a bottle
of soda-water, fur which he gave a fourpenny piece in
payment. He was very .tipsy at the time, and. immediately
after tie demanded change, asserting that it was a sixpence
he had tendered. On the landlord refusing, Martin
assailed him with the most horrid imprecations, and struck
at him over the bar, giving him a severe blow on the lip with
his fist. The landlord then pushed him out of doors, in,
doing which the other defendant, Barkhouse, came be-
hind, and thrust -bins (the landlord) also into the street.
Barkhouse then raised a stick he had in his hand, and
struck the prosecutor a severe blow with the knob end of it
over the head, laying bare his scalp. The police-constable
on the beat came up at this juncture, and seized the stick as
a second Now was descending. Barkhouse had been at the
bar drinking with two women at the time of the altercation
with Martin, and seemed a companion of the latter.
Mr. HALL said it was too serious a case for him to deal
summarily with it. He must sena it to the Sessions. On
the prosecutor, however, expressing a wish that the matter
might be disposed of at once, as he - did rot wish to press: Is
charge at the Sessions, the Bench consented to a summary
conviction, and Barkhouse, in consideration of his having used
the stick, was fined 51., or a month in the House of Correc-
tion ; Martin 31., er in default, three weeks.

SPIRIT of the PUBLIC JOURNALS,

FROM THE EVENING PAPERS 07 YESTERDAY.

STANDARD.—The debate in the House of Com•
mons last night was—as always happens on the second
night of the session, a hen there is no amendment to the
address, and seal-ea ly a formed opposition party—very
flat, and, if we may apply so undignified a word, " rag-
ged"—a thing of shreds and patches. We regret that
the Premier was not able to give a more encou-
raging reply to the question put to him re-
specting the proposed refuge harbours in the
Channal ; but we are bound to own that we feel more
regret than surprise at the Right Honourable Baronet's
hesitation. He knows that the construction of the har-
bours will involve a considerable expense, probably five
or six millions ster.ing, and he knows, no Minister ever
had such good reason to know it, that a surplus of re-
venue over income is a principal spring of national pros-
perity ; that surplus his wisdom has secured, and with
it the inseparably attendant prosperity ; and he must be
forgiven if he is reluctant to risk them—at all events
reluctant to pledge himself to any expensive measures
until Parliament has given him security that the means
of effecting it should not fail without encroaching upon
his surplus. On the other hand, we cannot help seeing
that the Channel refuge harbours are a necessity created
by our augment:al commerce, and by the change that
steam navigation must effect in the system of maritime war.
Nor can we be blind to the fact that if they are not under-
taken by a Minister as bold and successful in his financial
policy as Sir Robert Peel, they never will be undertaken
at alt. The sum proposed is large, say six millions
sterlirg, but these six millions could not be expended in
'one year, two years, or probably in less than six years.
The expenditure until all-the harbours should "be corn-
pleted would, therefore, scarcely exceed one million
per annum in the whole six years—little more
than one year's produce of the property-tax. Is
it possible, however, to imagine any money so
well laid out ? lied Mr. Pitt realised his
plan of a refuge harbour at :;over, whica in the
then imperfect slate of canstauctive science it was calcu-
lated would cost four millions (° bough it is now ezti-
mated at no more than two millions and a halt), there
is no doubt that the four millions would, before this,
have been re-paid five times over in vessels (lives
out of question) saved from shipwreck ; live times
over a,. ain, in facilities afforded to tre river com-
merce, and tweety times over in the advantage it
would have afforded during the late war. The
Channel harbours, accoinpaiiied by the increase in our
steam navy in progress, would in fact double—more
than double the power of this country, offensive as
well as defensive, in any future war with a
neighbouring nation of the Continent. We
do not, however, contemplate the subject in a military
light. Preparation for war is no doubt the best guarantee
of peace, but there are other guarantees of peace much
pleasanter, which the Channel harbours, more especially
the Dover harbour, would give us in full measure. Free
coinmenication and active commerce are these pleasanter
guarantees, and the hurbours of which we speak a ould
draw nearly all the co istina trade of We -tern Europe to
our side of' the Chaanel. Evan at present Ramagate,
ill-
placed as that harbour is, serves sometimes as an ehtrepoi
be ween Dieppe and Dunkirk, Havre end Reeterdam ;
but Dover, standing as baldly as it does stand out
in the Channel, flankid by Dungeness on One side, and
the noble roadstead, the Dowlis,-On the other, would,
with a safe, capacit .us deep-water harbour, becotiie
the universal entrepbt of the Channel coasting trait
for .koth sides. This is a subject upon which, a,
the elder readers of the Standa, d know, we have
long held very strong opinions ; but if it were pos-
sible to strengthen our previous convictions they
would be strengthened by a glance at Mr. Wyld's
recently published and splendid post map of Europe.
In this map the distances of the several ports in the
Channel from each other are carefully laid down, and it
is itni-ossible not to see in a comparise n of these dis-
tances, the enormous amount of coasting commerce that
this country sacrifices in not providing a safe, capacious,
deep water harbour at Dover.
GLOBE.—Mr. O'Connell has been outvoted in the
Council of the RePeal Association. In the very chamber
where he was wont to dictate, he has been defeated.
Those who but lately fatamel upon and flattered him,
now presume to beard him. Like Frankenstein, he has
created a monster which refuses to be longer subser-
vient to his will. The master has become the servant—
the slave. The Association is paramount over its leader.
The head is moved by the tail. This is the ordinary fate
of these who depend on the popular breath for the posi-
tion width tl.ey occupy. The inferior minds which they
invited to co-operate with them as instruments, combine
to dethrone th chiefs: they either con .ign their leaders
to oblivion, or retain them for a time, as the ministers of
their own purposes—the creatures of their open or covert
designs. The question, whether the Members of Parliament
who have become members of the Repeal Association
should attend to their Parliamentary duties, was sub-
mitted to the Repeal Committee ; and the following re-
solutions were discussed sind adopted :—" That, however