The Sun.
London, England, 1845-04-28 00:00:00

rbirb Etrition

SUN OFFICE, Seven o' Clock.

EXCHEQUER.—(THIS DAY.)
TRW. AT BAR.—THE GREAT DISTILLERY CASE.
THE ATTORNEY-GENERAL r. GEORGE SMITH.
(Continued from our Afternoon Edition.)
Edgar Eldrake examined by Mr. JARVIS—Was a surveyor
of Excise. In consequence of differences between Mr. Smith
and the officer in charge of the premises, respecting the dip
of the receiver, witness and another officer went on Monday,
'the 30th March, to test the dip. He found nearly a tenth
more than Drinkwater and Batten had found. Mr. Smith
accounted for the increase, by the dripping of water into the
receiver. Witness tried by holding a quart jug under the
pipe when the water dripped back, to ascertain whether the
fact might be as Mr. Smith had represented. Found that the
jug was full in seven minutes, and that would allow the whole
quantity in the pipe to drip back in six or seven hours.
Cross-examined by Mr. KELLY—Found that there was a
reduction of the strength of the spirits from Saturday to
Monday. The difference was equal to seventeen gallons on
the whole. The Excise did not make any allowance on that
account. They adhered to the dip as found by Batten on
Saturday.
Re-examined by Mr. JARVIS—The Excise put an addi-
tional cock on the receiver to prevent the trader from running
in water and working of spirit. The difference of seventeen
gallons of spirit would be fully accounted for by evaporation
between Saturday and Monday.
Thomas Frankish, examined by Mr. WILDE :—Was a sur-
veyor &Excise. In March, 1844, went to Mr. Smith's dis-
tillery with the officers, Cameron, Drinkwater, and Batten.
I saw Mr. George Smith, when Cameron asked him if there
was not communication between the distillery and the recti-
fying-house ? Cameron added, that no doubt Mr. James
smith had told him what he (Cameron) had said the pre-
vious day. Mr. Smith said, that Cameron had no right to
assume that his brother :had told him anything. Cameron
again asked, was there any communication between the two
premises. Mr. Smith said there was, for water, which supplied
the whole neighbourhood, by pipes connected with the Com-
pany's main. Witness was present at the experiment men-
tioned by the other witnesses. Ile saw the spirits passed
from the vat No. 8 in the distillery to the vat No. 17 in the
rectifying- house. On a subsequent day witness examined
the Water Company's pipes, and found that they had no
connexion with the pipes in Mr. Smith's premises.
Cross. examined by Mr. MARTIN—When Mr. Smith said
to Cameron that the pipes communicating between the two
premises was for the conveyance of water, Smith went away
with Cameron, but witness did not know it was for the purpose
of showing him the course of the pipes. Ween the experi-
ment was made upon the pipe, it commenced at one o'clock.
The first trial was with water. That was procured from the
tank at the top of the house. They did not think them-
selves ready for the experiment with spirits until five o'clock.
They made those experiments with spirits, of which two
were failures. The third experiment, which was success-
ful, did not commence until eight o'clock. Did not kncw
whether any material repairs were made upon the
cocks from five o'clock to eight, for he was not
present. Ile was chiefly in the rectifying-house. When
the water came into the vat No. 17, it ran for five or six
minutes. The spirits then came over and continued running
for about 25 minutes. The officers then ran about 1,100
gallons of water to clear the pipes of all the spirit. That was
done for the satisfaction of all parties, that there might be no
doubt that the spirits had all been driven out. Witness has
been a long time in the Excise, and has often found great
variation in the dip of the receiver. Surveys Muir and Co.'s
distillery, and sometimes, but not often, finds a variation in
the dip.
The SOLICITOR-GENERAL—Do you find a variation of so
much as two-tenths.
, The LORD CHIEF BARON—Mr. Solicitor, you had better
not go into that, which, for aught we know, will be another
issue for trial.—(A laugh.) It is enough to take his an-
' swer, that he does find variations.
By the COURT—They found an apparent loss of more than
IQ° gallons of spirits after the experiment. But that was
accounted for by the imperfect indications of the hygrometer
at the low strength of the spirits, mixed with so much
water. Made several experiments subsequently to
ascertain what the apparent loss would be on
spirits mixed with water in various proportions.
The result of this was, to account satisfactorily for the ap-
, parent loss. It was also found that there was lime in the vat,
and that would prevent the hygrometer from acting rightly.
If mud or dregs were mixed with the spirit, the action of the
hygrometer would be disturbed. That instrument acts with
certainty only upon pure spirit, and for that reason it is
never used upon the worts. It is the saccharometer that is
used upon worts. Drinkwater and witness afterwards made
an experiment upon the contents of the vat, which accounted
fully for the decrease.
Their Lordships and the jury then retired for refreshment.
'When the Court resumed, the SOLICITOR: GENERAL called
Cameron, who deposed to the game statements as those
which had been made by the previous witnesses as to the
conversation with Mr. Smith, and the experiment upon the
pipe.
The SOLICITOR-GENERAL said he had only called the wit-
ness to give the Learned Counsel for the defence an oppor-
tunity of cross examination.
Mr. WATSON then asked the witness whether he had made
any notes?—He had, but. they contained nothing but dates.
He had them not with hint, but they were is a place at a
short distance from the Court. I The witness was then told
to produce the notes, and he withdrew for the purpose.]
The LORD CHIEF BARON—Mr. Watson, if you produce
the notes, you must put them in evidence, for the witness
bas not used them here as vouchers.
Mr. WATSON declined to make the notes evidence, and, on
the witness's return, proceeded to cross-examine him—Wit-
ness believed that he commenced the experiment with water,
•at five o'clock, and not at one ; but he would not swear that
any one who stated that the experiment was commenced at
one o'clock had stated a falsehood. Ile had a very good me-
mory, and he believed that he did not commence until five
o'clock ; but he would not swear to it.
Mr. Milne, civil engineer to the New River Company '
examined by theSOLICITOR.GENLRAL—IIad made a surve) of
• 11 'premises belonging to Mr. Smi;h in company with a per-
son named Fox. The model in court is a correct representa-
• tion of the premises, on a scale of an eighth of an inch to the
foot. The witness then described, with the aid of the model,
the course of the pipe communicating from the distillery to
the rectifying house, and explained that by stopping off cer-
tain cocks and inserting others, the water might be turned
off, and wash could be transmitted from the distillery
to the rectifying-house. That after those orifices had
been closed the wash might be drawn out by
syphons, which would draw out the wash by
aide orifices. There was a screw on No. 8, to which a screw
might be attached; and opposite to this there was an orifice,
to which there was als a screw attached, and these screws
corresponded, one being a male and the other a female screw.
,There were three nozzles in the premises, one over the
sink, one over the cistern, and one over the pipe
to which he had alluded. There was a commu-
nication on the vat No. 8, which might be entirely
emptied through the pipe which he had described as commu-
nicating between one part of the premises and another.
There was a communication between the sink and the recti-
fying -house, but a longer nozzle would be required than now
exists. There is a communication also between the vat
under the sink and the cistern, by the attachment of a
longer nozzle, and the spirit could also be drawn from the
other vats as from the vat No. 8. If the principle of a
.syphon were applied to the pipes, there would be
water drawn off to the extent of 300 gallons, and if the
longer leg of the syphon were applied to the spirit arid the
shorter to the water, the spirit would immediately
follow after the water had been drawn off, and this spirit
might be pumped into any of the vats. There was wi;at
was called a dead pipe, there being no outlet at the end of it,
but there were several flanges on the side of the
pipe to which pipes might be applied, and he
conceived that the branch pipes were old and the
flanges of recent origin compara.ively. There was no con-
nexion between the East London Water works Company
and the pipe w !deb ran between the distillery and :1:e roc-
ing premises, and there was nothing between the main
in Buck's-row and the rectifying premises.
To a question from the CHIEF BARON, the witness replied
that there was no communication between the East London
Water-works Company's undo and the distillery premises.
Knowing the premises, he heliewd that the whole of
the water required for the rectifying premises could
be supplied to the w hole of the works, except for the
still heads through the trough in the middle, but by
raising the trough eight feet, the whole of the water might
be poured into the still head.
To the inquiries of Mr. F. KELLY, Mr. Milne replied that
he was aware that a large cistern—one that could supply
many thousand gallons—would be required to be
erected, and. that there was no tank on the premises
that could possibly supply the requirement at present.
There were three tanks oil the premises, and two establish-
ments were, required to supply the premises, and the whole
of the water must come from the main of the Water-works
Company,: &c. The tanks on the premises were supplied
. from the main, and it would be necessary to make great
alterations to put machinery on the trough so as to draw off the
water. In order to supply the still heads, there roust be pipes
from the trough through the worm tube to the still heads and
the cistern must be enlarged in order to render this commu-
nication available, bat if this communication were to be made
efficient, the whole of the premises might be supplied. The
large reservoir was only made last year, the top of the old
reservoir being three feet lower than the trough. At the
present time there was no part of the premises suppllied from
the trough, except that which passed into theworni-tube, and
the remainder ran to waste. There was a pipe which entered
the wash reservoir, which could convey the wash into the
rectifying-house, which entered the reservoir very near the
top,. and it would be necessary to have the reservoir full be-
fore the supply could be made to the rectifying- house ; but
the pipe went to the bottom of the reservoir, and he conceived
that the power of suction would draw up the wash from the
lower level. There was a gas pipe which ran on a corre-
sponding level with this pipe, but he did not know what this
pipe supplied.
Mr. Charles Fox, a civil engineer upon the Birmingham
—Railway, had taken the level of the premises with Mr. Milne.
He had made an examination of the wash reservoir, and he
agreed with Mr. Milne in the levels Stated in that gentle-
man's evidence.
Mr. Thomas Kirby w
pipes in 1836, during „iashemploy-ed in laying down the
year the rectifying-house was
built, but he knew nothing be the blind pipe. He was em-
ployed two days in laving down those pipes.
in reply to tohire
tChien-beo- Bx
oenetohx.e , the. witness stated that he
knew nothing
This concluded the ca,e for thein Cmain.
Mr. KELLY stated that as it sva:wnl. necessary to substitute
one model for another, he thought it be better to ad-
journ the ease, especially as if he began then be. should occupy
as much time to-niorrow as if he began now,
The Lorin CHIEF BARON considered tlOia‘l, the request of
the Learned Counsel was quite reasonable.
The Souerrou-Cie.NERAL had stated to his Learned Friend
that he had intentionally shortened the case, and he should,
theiefore, be willing to accede to such adjouri,ment.
The foreman of the Jury said, that though "the jury -
aware that these adjournments were quite necessary, ''VLier
time was very valuable, and the sacrifice of it of great im-
portance to themselves; he should be glad to know whether
they might calculate on the case being concluded to-morrow?
Mr. KELLY said that he thought he could conclude the state-
ment of the defendants to-morrow ; but as the Counsel for
the Crown would reply, he feared the case could not be con-
cluded then.
The SOLICITOR-GENERAL said that he would make his
statement as short as possible; and that, if not to-morrow,
at least the case would be concluded on Wednesday.
There being no other cases to be taken to-day, the Court
adjourned till ten o'clock to-morrow.

FATAL ACCIDENT ON THE RIVER.—On Saturday
Mr. Baker held an inquest at the Queen's Head, High.strect,
poplar, on the body of limes Hurley, aged fourteen years. Jt ap-
peared by the evidence, that on the 9th inst deceased, with several
other boys, was at play on board some barges lying off the Wapping
entrance of the London Docks, and on attempting to step from one
barge to another he fell between them into the rivs r, t,nd imam.
diateiy sunk. The drags were put in requisition for upwards
Of three hours, without effect. The body was discovered on
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RAILWAY COMMITTEES.

(THIS DAY.)

Group DD.
The Committee met at twelve o'clock in room No. 14, and
consisted of Mr. Parker.(Sheffield), Chairman; Mr. Mon-
tague Gore, Sir P. Egerton, Lord Ebrington, and Mr. East.
At first there were no arrangements made for the accom-
modation of the reporters, but on a representation being
made to that effect to Mr. Parker, the Chairman, he very
kindly directed that accommodation should be provided
for them.

The railway comprised in group DD. are the Caledonian,
Glasgow, Dumfries, and Carlisle, Clydesdale Junction, Edin-
burgh and Glasgow, and Scottish Central.
After a great deal of preliminary discussion, it was agreed
that the Scottish Central, and the Edinburgh and Glasgow
lines should be taken into consideration. Both are com-
peting lines.
Mr. Johnson, of Kinkardine, and some of the inhabitants
of Perth. petitioned against the Scottish Central scheme.
Mr. Cockburn, Mr. Talbot, and Mr. Hope, appeared for
the Scottish line, Mr. 111'Neill appeared for the Edinburgh
and Glasgow line ; Sir Thomas Philips and Mr. llildyard
appeared for the Dumfries line.
Mr. TALBOT stated the case on behalf of the Scottish Cen-
tral line. Ile said that the object of the projectors of this
line was to make a line of railway, which was to be forty-
five miles in length, reversing the natural order, and com-
mencing from the north ; tt:is line might be said to pass
from Perth. by Strathedon, and through Stirling, till it com-
municated in two places with the Edinburgh and Glasgow,
to the western point, being a place called Castlecary, which
formed the extreme terminus of the Caledonian Railway
towards the north, the distance being 18 miles.from Glasgow,
the eastern point being at Falkirk, 24 miles from Edinburgh,
so that it might be said to bisect the Edinburgh and Glas-
gow line. The estimate for the construction of the line was
850,00 CL, and there were no engineering difficulties along
the line. There were 155,000 souls along the line, and if the
branches extended to a distance of 10 miles on each side of
the line, and to 20 miles from the terminus, it would 'com-
prise a population of 700,000 souls. One of the advantages
of the line was, that it would get rid of the ferries
of the Frith of Forth and the Frith of 'ray.
A very large amount of passengers was expected. Be-
tween Duidee and Glasgow there was a considerable traffic in
goods expected. From Dundee to Glasgow a large amount
of linen, canvass sacking, and Baltic produce would be con-
veyed, and from Glasgow to Dundee, colonial produce, Irish
provisions, and grain would be con, eyed. Between Perth
and Glasgow there would be a traffic from the former to
the latter place in grain, meal, and manufactured goods, and
from the latter to the former place in flax, iron,
and colonial produce. It would afford a cheap means
of conveyance for the Bannockburn coals to Perth,
to which place the supply of coals was inconvenient and ex-
pensive, having to be carted twenty-five miles. There were
petitions against the Bill from Mr. Johnson, of Kincardine,
from certain inhabitants of Perth, who opposed the Bill on
account of the proposed scheme interfering with the North
and South Inch ; but he begged to say that the pro-
prietors generally of the counties of Perth and Stirling were
in favour of the Bill.

Mr. CROFTON appeared for the Edinburgh and Northern
line, and begged of the Committee to reserve a right to him
of cross-examining the witnesses in support of the Scottish
Central line with respect to a certain clause in the Bill.
Mr. PONSONBY claimed a similar right on behalf of Lord
Kinnaird, the Chairman of the Dundee and Perth line.
Mr. Sidny, Provost of Perth, was then called and ex-
amined in support of the facts stated by Mr. Talbot, and was
cross-examined by Mr. Tytler, who appeared in support of
the petition from those inhabitants of Perth who opposed the
line en account of interfering with the South Inch. The
effect of the evidence of this gentleman was, that Perth
would be considerably benefited by the proposed railway ;
that the Inch near the town was used as a place of recrea-
tion, and that it would be occupied to a certain extent by the
proposed railway.
Mr. George Buchanan, the owner of a cotton mill near
Perth, gave testimony corroborative of the evidence of the
former witness ; after which the Committee adjourned til'
Twelve o'clock to-morrow.
BL:

ACKBURN, BURNLEY, ACCRINGTON, AND
COLNE ; OR EAST LANCASHIRE RAILWAY. •

ro D.
The adjourned CommitteeG mup
et this afternoon at half-pasi
two, and immediately proceeded to business; Mr. Bernal
in the Chair. A clause regulating the maximum of rates
which had been directed to be added to the Bill, and which
had been prepared by Mr. Coates, the agent, since
the last meeting of the Committee, was submitted by hint.
The clause limits the tolls for first .class passengers, including
use of carriage, &c., to 4d. per mile; and for second and third-
class passengers carriages will be provided to travel at the
rate of twelve miles per hour, and the tolls will be restricted
to Id. per mile.
The clause was ordered to be made part of the Bill.
Mr. PAGET, who, it will be recollected, made an ap-
plication a few days ago to the Committee to be heard
on petition, in opposition to the Blackburn and Colne
line, on behalf of the Manchester, Bury, and 'Bolton
Canal and Railway Company, renewed his applicaton.
The clause to which he objected had been passed during the
absence of the Parliamentary agent and himself; and, con-
sequently, they had no opportunity of opposing its introduc-
tion into the Bill. He would wish now to proceed with his
objections if it met the views of the Committee.
After considerable discussion,
The CHAIRMAN stated that, looking at the matter in the
strongest light, the Committee could come to no other
resolution than to refuse to hear counsel in support of the
petition presented by the Manchester, Bury, and Bolton
Canal Company, unless the permission of the promoters of
the Blackburn, Accrington, and Colne Railway was first ob-
tained. The clause which Mr. Paget appeared to oppose had
received the Chairman's signature, and had become part of
the Bill, and, therefore, the Committee were unanimously of
opinion he could not proceed with his opposition.
The agent for the Blackburn, Accrington, and Colne
way, having refused to give his consent for counsel to be heard,
Mr. PAGET requested that the presentation of the petition
and the decision of the Committee with regard to his applica-
tion, might be entered on the minutes.
The CHAIRMAN acquiesced ; and, after the introduction of
a few more clauses, ordered the Bill to be reported.
TILE LEEDS AND BRADFORD RAILWAY
was then proceeded with.
Mr. Pritt, the agent, introduced a short clause for regu-
lating the gradients to meet the views of the Board of Trade,
and also a few more clauses for limiting the maximum
rates, &c.

The clauses were all passed without opposition, and the
Chairman ordered the Bill to be reported.
The last Bill brought forward was the
BLACKBURN, DARWEN, AND BOLTON RAILWAY,
which, after the introduction of several clauses of a similar
nature to those already alluded to, and which were passed
without opposition, was also ordered to be reported.
This terminated the business of the Committee with regard
to all the schemes comprised in group D.
The Bills will be reported on Thursday next.

Committee S.
This Committee, Mr. Stuart Wortley, Chairman, re-assembled
this day at half-past two o'clock in room 17, to dispose of
the remaining clauses in
THE BELFAST AND BALLYMENA RAILWAY.
Mr. ALEXANDER proposed that the maximum rate of tolls
and charges on the line should be aid. per mile.
The Committee were of opinion that 3d. would answer
the purpose.
This rate after some discussion was agreed to.
Several other clauses were then gone into, and after some
amendments, they passed.
The Bill having been gone through, •
The CHAIRMAN said that he would report specially to the
House in respect to the report of the Board of Trade regard-
ing this Bill. The Board of Trade had reported that the
Belfast and Ballymena Railway would be both expensive
and unremunerative, and that the line of railway would have
but a single line of rails, whereas the evidence showed that
there would be a double line of rails.
After this decision the Committee adjourned to the 20th
of May.

Sub-Committee No. 1.
This Committee re-assembled at, one o'clock, Mr. Strutt in
the chair.
LIVERPOOL AND ORMSKIRK RAILWAY.
This adjourned case came on to day, and the remaining
allegations were gone through. Standing orders not com-
plied with in several instances.
RICHMOND AND STAINES RAILWAY.
The petition for this Bill came on to-day; the prepara-
tory forms were gone through, and the further hearing was
adjourned till twelve o'ckek to. morrow.

LEEDS AND
_WEST RIDING LINE.
Mr. AUSTIN (in contindatioa from our Afternoon Edition)
said—From that the line was a descent, and the traffic upon
that down line, in iron alone, was about 23,000 tons of pig and
bar iron per annum, besides an enormous traffic in coals,
therefore it this line were made, it would be of great conve-
nience. They then proposed to cross Lomore at the most
convenient height for all purposes. The length of tunnel
proposed to be made on the line from Copley-hills to Hali-
fax, was 92 yards; the second tunnel, that from Halifax, at
Beacon-hill, would be 836 yards ; the third, at Lightclifl;
would be 345 yards; the fourth, at Wyke, near Lomore,
would be, 1,238 yards; and the district from Lomore to
Leeds was a uniform level of lin 100. There were no engi-
neering difficulties on the line, but there was to be a tunnel
of 1,696 yards ; and the station at Leeds would.be found to
be as convenient as it is possible to make it for all rail-
way purposes. He would now go back to Lomore.
The tunnel on the line from Leeds to Bradford would be 1,092
yards, and that line could be made on a gradient of 1 in 70.
The line from Lomore to Dewsbury was 7i miles long, and
there would be no tunnelling in it; then they proposed to go
from Wisbrig to Brighouse. where they proposed to join the
Leeds and Manchester line, and there would be no tunnelling
on that either. Thus, then, he had shown that this under-
taking would consist of six lines and five branches, and would
be understood as the West Riding line. The extent of
mileage was about 341 miles, having six tunnels, and the
whole cost had been estimated at about 1,100,0001., or at the
rate of 34,0004 per mile. lle would now proceed to call
his witr esses.

Mr. BAINF:S said that perhaps he would save some trouble
and loss of time by now repeating an offer which he had
made before. He was now ready, on behalf of the Dews-
bury Company, to repeat their otter, which, if acceded to,
would secure all the contemplated advantages to the public
without injury to the Leeds and Manchester Company. It
was this—to give the Dewsbnry Company the power
to make their line between Leeds and Mirfield,
at the point where Mirfield was joined, the
Dewsbury Company giving up the Cooper-bridge line,
un condition that the Leeds and Manchester Company would
allow an uninterrupted communication to pass between Leeds
and Huddersfield by Cooper-bridge.
Mr. AUSTIN said tie could not be prepared before to-morrow
morning to give an answer to the propositiod.
The first witness called was Mr. Frith, who deposed that
he had manufactories at Leeds, Bradford, Nottingham, and
Glasgow, and that the lines of rail proposed by the Leeds
and Manchester Company would afford great convenience to
his manufactories for the transit of his goods, coals, &c.
Mr. Hubert Baker—Was a member of the Leeds Town
Council, and the author onfertshesnitary report of the town for
- conveniencelagwu aCn ni
tn,
so
wasier
et
eh
net
int rtnraheneds i
tal
gerenormousigreat
r
t proposedin t coals,
aml linesu
ou ff
a 'I:
-thooiurclihde s an
ef
the town.mr.John Botterill deposed that he was an extensive dyer,
and that the saving to his firm in the cartage of coals by the
prop( scti lines would be very great, and
dthe supply as abun-
ptonyt at
on ds
ocletrtua, ioni
r.
coahilsedat offerpearn had
ton,cheaper if this line were
from one coal corn-
made.
Mr. Bateson—ls an Alderman of the borough of Leeds,
and a member of the West Riding Railway
the present scheme contemplates the 147 Committee;e callodtbo
short line of last year; the object was to 'shorten the
distance between Halifax and Leeds, last year, by a line
from Leas to Bradford; the short line would be .
.advantageous to the woollen districts, particularly arPud-
ny, where low cloths were made by the workmen in their
twn houses; if there were a line of raj' from Pudsey to LAWN
. „„_
Qat wgol Ix great trafficlVO it. "pc -Telvia-cousg

Leeds and the poor-law guardians, and many others had
signed petitions in favour of this line.
Cross-examined—The petition of the Town-council was
not a corporate act, but the act of individuals ; did not hear
that the same parties signed a petition for and against this
line.

Mr. Benion—ls a magistrate of the West Riding, and is in
the trade of flax-spinning at Leeds. Was of opinion that the
proposed line w•as of the greatest importance to the trade of
that district.

Mr. Cliff, a resident at Wortley, and an extensive dealer
in bricks, gave evidence in favour of the line.
Mr. Grant, another resident of Wortley, and a surveyor
of one portion of the township, agreed with Mr. Cl'ff that
the West Riding line was the more preferable of the two.
Mr. H. Carr, a cloth manufacturer, living at Little Moor,
in the township of Pudsey, said the population of Pudsey was
about 10,000, most of whom were in favour of the West
Riding line.
11r. TALBOT intimated that this closed their evidence for
one of the districts through which their line passed.
The Committee then adjourned.

IMPERIAL PARLIAMENT
(THIS EVENING.)

HOUSE OF LORDS.

Their Lordships met at Five o'clock.
The Earl of RIPON brought in a Bill to amend the
law relating to :appeals from India. The Bill was road
a first time.

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