The Sun.
London, England, 1845-04-30 00:00:00

their rights—let the rich perform their duties. The
proud noble could no more exist without the humble la-
bourer than the lofty summit of an edifice could be sus •
tained without the foundation ; but the higher the
building is raised the deeper must that foundation be
depressed, and so it seems with the people. But injus-
tice cannot last—only truth is eternal. Let us trust the
motion of the Noble Member for London is but the
commencement of a system of legislation not
supported by factions, or suited to classes,
but based on the broad principle of justice and humanity.
Lord J. Bulimia., by introducing this measure, will find
himself in a far nobler situation than any he occupied in
the days of power, and the Government, by agreeing
with their opponents, will enjoy the greatest satisfaction
place and power can offer—the approbation of their
country, and the approval of their conscience.

It is impossible to regard without profound interest
the present tendency of legislation in this country to re-
pair the wrongs, the omissions, the injustice of past pe-
riods of civil oppression, of political animosities, of re-
ligious bigotry. If, under some aspects, " the present
age" is really to be regarded as " that of a cold, selfish
utilitarianism" (a proposition which, however confidently
advanced, we take leave flatly to dispute), it must be
allowed by its worst defamers that it presents others of
an ennobling and most 'generous character. It is in
these that the healing spirit of conciliation is mani-
fested—now so happily extinguishing long-rooted and
exhausting prejudices, and infusing new life and energy
and harmonious action into the various members of our
great national family. Between Protestants of the Es-
tablishment and Protestant Dissenters the influence of
conflicting dogmas—nurtured by unworthy jealousy/on
the one hand, and estranging disabilities on the other,
into destructive prejudices of caste and party—is fast
subsiding. Day by day they are returning into relations
with each other of Christian fellowship. The repeal of
the Test and Corporation Acts is fast doing its good
work of paralyzing that principle of repulsion which has
for centuries driven a Christian of one denomination
from the presence of a Christian of another. The re-
peal of the Roman Catholic disabilities, in like manner,
has operated, in spite of the accidents of party strife
and the re-action of politico-religious agitation, to pro-
mote a gentler and more genial feeling in members of
the Romish for those of the Protestant Church, than the
Christian world has witnessed, perhaps, since the Re-
formation. To smooth the " rough ways" which the ob-
stacles interposed by religious intolerance have, too long,
offered to their united march in the career of uni-
versal charity and improvement, of active benevolence
and speculative morality, has surely been among one of
the holiest, as it has been—so far as it has yet proceeded
—one of the most successful efforts of British legislation
during the last eighteen years.
But whilst the two great divisions of the Christian
Church of this empire have thus been brought nearer
together by the counsels of an enlightened toleration,
which leaves the general responsibility for religious doc-
trines to be settled between the creature and his
CREATOR ; and whilst the results of these counsels have
displayed themselves in the increased impetus communi
cated to the movement of the national progress through
all its branches of material industry and moral energy,
there is one great community among us still hampered
by the badges of civil disqualification—of political re-
pudiation—imposed upon them by the barbarous preju-
dices of benighted ages. Christian lawgivers in every
country in Europe—in many more harshly, but in none
mere obstinately than our own—have combined, under
the delusion of rendering a signal homage to truth, to
visit with pains aad penalties that devoted race whose
existence is identified with two thousand years of suffer-
ing and persecution for that they have conecientiou sly
believed to be THE truth. By the Churches of R.,manism
and Protestantism the Christianity of both has been
derived through the Jews. Both of them, despite their
conflicting polemics, concur in recognising their Jewish
origin, in the succession of patriarchs and prophets,
which preceded the nativity of the DIVINE FOUNDER of
their common faith. The perverseness of the Jews,
in obstinately refusing to acknowledge the identity of
that Drvrms BEING with the promised MESSIAH of their
sacred Scripture and their native traditions, is a fatuity
which one might have imagined it were better to leave
to be dealt with by the OMNISCIENT SUPREME, than to
attempt to coerce or to restrain by human ordinances
and vindictive penalties. To these, however, that mar-
vellous and venerable people, which boast to this
day its irrefragable evidences of having produced
by far the most illustrious of human law-
givers, have been subjected for twenty centu-
ries. The theatres and the progress of their
civil amelioration have hitherto been but few

and tardy ! If in Holland, and Prussia, and some
Darts of the Austrian thcy havo soquircd
karge political and municipal privileges, they are sore
persecuted in Russia, and from Poland they have been
driven forth with a rod more stern and terrible than that
wherewith the Assyrian smote their captive fathers. If
in England and in France they have been raised to the
highest rank of that social intercourse which many
among them have refined by their talents and embel-
lished by their magnificence, they are permitted
"Pariahs," only, in the Papal States; they are outraged
in Italy; they are but upon sufferance in Spain and
Portugal ; and in the most refined countries of the East
their tenure of property and life is almost as precarious
as that of their occasional honours, or the favour of the
Sovereigns by whose caprice or connivance they hold
them. But in England—the land where personal rights
and the claims of legal citizenship are best appreciated—
their position of civil disability is more anomalous than
it could be in any other country. It now becomes a
question of deep interest to the moralist, as well as the
political observer, " What will be the ultimate fate of
the Jewish Civil Disabilities Bill, now pending in the
House of Commons ?"

Upon what principle are these disabilities to be con-
tinued ? In which of the elements that constitute good
citizenship are our modern English Jews wanting ?
Is it in loyalty to the SOVEREIGN ? Obedience to the
laws ? In habits of industry, in commercial ability or
enterprise ? In thriftiness ? In the accumulation,
employment, and diffusion of capital ? Why, it were as
idle to challenge their pretensions in any one of these
particulars as to dispute their expansive charity (for
that is by no means sectarian or exclusive), or their
general kindliness of deportment. In treating; such
questions as these, we are not to be hampered by a few
miserable exceptions which, however, if they came be-
fore us more prominently or offensively in persons of the
very lowest and moat abject of this people, are common
among the more inferior classes of all nations. Looking to
the general position the Jews occupy—to the ability and
integrity with which they must be allowed to have dis-
charged whatever duties and trusts of a public nature
you have yet confided to them—we cannot repress our
astonishment that there should be any, from which, on
no better warranty than that of mere worthless, legen-
dary prejudice, you still exclude them by law under a
sweeping sentence of civil disability. If he make an
unexceptionable sheriff, what is that peculiarity in the
idiosyncracy of a Jew which incapacitates him from be-
coming an excellent Alderman, or an unimpeachable
Lord Mayor, or an eminently useful Member of Parlia-
ment ? And yet, by an adamantine gate, more impas-
sable, hitherto, than that which shuts out a Soodra from
all possibility of entering the Brahminical caste, you
shut out the Israelite sheriff on Mat side from all that
lies on this! But we are of good heart. The tide of
common sense, as well as common justice, has set in :
and we have a strong faith that the day is not distant
when our Jewish sisters shall snatch from " the willowss,"
that have so long wailed over their humiliation and
sorrow, " the harps," whose strains shall be exchanged
for those that erst were wafted " over the waters of
Babylon," for the music of that exultation and joy
which shall bespeak a people restored to the long lost
dignity of freedom and equality among the equal and
the free of a happier land.

We have accounts from Madrid to the 22d inst. The
Gazette of that date publishes a decree, by which the
Government is authorised to contract a loan of

15,000,000 reals (150,000) for roads and canals. No
country is so badly off for roads as Spain, and if the
Government have only credit to raise the money, much
benefit may be produced. " It was only under the
reign of FERDINAND V 1.," according to the preamble of
this decree, " that the Government bestowed its atten-
tion on the opening of roads. Under CHARLES 111. and
CitaaLEs IV. various works of that kind were under-
taken, but unfortunate events did not admit of their
being finished. At the present day, such as are
finished, and such as are projected, are far from respond-
ing to the wants of commerce and industry ; and,
as public order and tranquillity are more and more con-
solidated, it becomes necessary to adopt me-ins, more
direct and more efficient, to supply those wants. It be-
hoves us to establish a complete system of general roads
with which will be connected the provincial and vicinal
roads, thus covering the whole peninsula with a vast net
passedofrpe e
laers
eoe
ss all
theent i ixvcceaesteie
os:fri itmtshl.lia'et
re
peoplees ehbneuu teC.uahnraefTmo
hvrbteeuerryne
election
eiyoD;naeltcphwuooitmuti
gehmshti
hthtteheal
Committee
votes,appoi appointed
et
oi is
xnaoratmi
noentehye troetumrankoef thseemnorgocoodit. efxor-
TINA,
SaTlaimleaHncear,ahuaod
sdtaectelasretdhaitt
invalid.
The
Y AYENZA,
the Spanish Envoy at Rome, had presented his crede-
tials, and been treated in his official character by the POPE

with all due honours. That journal adds that the official
relations between Spain and the Court of Rome are now
re-established, and that about the commencement of May
the POPE will hold a public Consistory, in which his
Holiness will announce the conclusion of a concordat,
and the recognition of ISABELLA IL by the Holy See.
The Three per Cents. were done at 35t at 60 days ;
the Five per Cents. at 25 9-16 at 60 days ; and the
Debt without interest at 81 at 60 days.

The only political intelligence in the Paris papers is
the official announcement in the Monideur of M. GIIIZOT'S
temporary retirement from office, from indisposition.
The following is the royal ordonnance to that effect :
"Considering that M. Guizot, our Minister Secretary of
State for Foreign Affairs requires, for his health, some repose,
we have ordered, and do order the following :—" Count Du-
chatel, Minister Secretary of State for the Interior, is en-
trusted, ad interim, with the department of Foreign Affairs.
" Given at the Palace of the Tuileries on the 27th of April,
1845. "LOUIS PHILIPPE."

In reference to this circumstance the Slide says :
" If the restoration of M. GuIZOT to health experiences
any delay, an attempt will be made to save the Cabinet
by intrusting the department of Foreign Affairs, to M.
DUCHATEL, who will be succeeded in the Ministry of the In-
terior by M. MONTALIVET. The return of the Duke DE
BROGLIE to an office which he has twice occupied, and
which he would retain as a sort of trust, has been like-
wise talked of. We cannot believe, however, that M,
DE BROGLIE will carry devotion to his friend so far as to
consent to act a temporary and subaltern part. There
would consequently be no other alternative left except
the appointment to that department of M. DUCHATEL,
which would be a new progress made in the degrada-
tion of our policy, or the dissolution of the Cabinet of
the 29th of October, which has already too long en-
dured for the interest and honour of the country." The
.Journal des Debats, on good authority, gives a different
version of the affair:—

" We attach no importance to coulgoloaketopef„romnd
the commentaries to which the leave of absence granted 'by
the King to the Minister of Foreign Affairs will no doubt
give birth. We merely warn the public that we shall allow
the Opposition journals to say what they like. M. Guizot's
health has never inspired any serious inquietude. Ire wants
repose, and this repose will be short., The state man and
orator has solicited and obtained from the King a leave of
absence, but for the purpose of re-appearing in the tribune
with all his strength, and of continuing, the struggle which
he has sustained so brilliantly for the last five Years. In the
interim the administration of Foreign Affairs is confided to
M. Duchatel. It is the only reply that it was suitable to
make to the calumnies of certain journals, which, not having
succeeded in overturning the Cabinet, endeavour awkwardly
to divide it. M. Duchatel is the political and personal friend
of M. Guizot. The King, in selecting that gentleman to
temporarily supply M. Guizot's place, has given an equal
mark of confidence to both. We have not a word more to
add."
M. GuzzoT, it was understood, would leave Paris in a
day or two for a villa near Passy, and afterwards pro-
ceed to the Vichy Waters in the Bourbonnais. On
Monday the Chamber of Deputies assembled in large
numbers, in expectation of some personal explanation
between the Marquis DE L'ANGLE and M. LEDRU
Roman. The Marquis had on Saturday made an angry
speech on duelling, evidently directed against M.
ROLLIN, in the belief that this writer had alluded to him
in an article in the Reforme journal. Explanations of a
pacific nature took place, through the influence of M.
DUPThr and M. ODILLON BARROT, and the matter ended
to the satisfaction of both parties.
The accounts from Switzerland are still unsatisfactory.
The Presse says that the situation of affairs in the
Canton of Berne was becoming more menacing. A
popular assembly hostile to the Government was to
have taken place on the 27th, and great apprehensions
of a revolution following similar to one lately accom-
plished in the Canton of Vaud. The inhabitants were
about to form themselves into a national guard for the

protection of persons and property. A letter from
Sehsvytz, of April 23, says:—" Every one here is in the
greatest anxiety, as it is generally believed that another
expedition of the free corps will take place. Public
prayers are put up every night in all the churches.
THE BOURSE--MONDAY. APRIL 28.
First lllphist Lowest Last
Price. Price. Price. Price
French Five per Cents. •••• 119 5.. 119 35 .• 119 5 119 30
Four-and-a-Half...• 114 50 .. 114 50 .. 114 50 •• 114 50
Three per Cents.... 85 60 .. 55 70 85 60 .. 85 65
Bank of France • .•• •• •• • 3260 —3260 —3260 .• 3260
Collin Bank I,oool,Shares..llo7 b 0 ..1107 50 ..1107 50 ..1107 50
Belgian Bank. •• •• •• •••• 630 .. 630 •• 630 .. 630
Belgian Fives, 1840.- •• •• •• 113 103 •• 103 103
1842•••••••• 105% .. 105% •• 105 105
Four-and-ft-Half . lel .. 101% •• 1013 i .. 101 N
Spanish Active. ...... 49 .. 40 •• 40 • • 40

RAILWAY SHARES.

Versailles, L. 8.• ••• • • • .... 345
Rouen.•
Rouen to Havre.•• 915
Orleans • . • ... ••......... • 1220

. 345
• 1090
-. 915
..1230

.. 340 .. 340
-1087 50 -1087 50
.. 900 .. 900
-1220 ..1225

iir—as-b-u-rg to Bale•.•• •• •• •• 287 50 •• 290 .• 287 50 .. 287 50
Av(=on to Marseiffies••••••lo2o ..1020 ..1010 . 1012 50
Bordeaux to Testa -• •• •• •• 210 .. 215 .. 210 .. 215
Orleans to Vierzon .• • • •• • • 820 .. 825 .. 810 .. 815
RAILWAYS FOR THE ACCOUNT, MAT 3.

St. Germain
Versailles, R.E...... ..• .. 540
L.B._ • ..... • 345
Rouen • • •• • .1095
Rouen to Havre. •• • .... • • 915
Oilcans .•... •.......' ...... 1220
Strasburg to Bale • • • • • 290
A vignoli to Marseilles!.• •...1015

..1065 ..1060
.. 540 .. 535 .. 536 25
.. 345 .. 338 75 .. 338 75
..1095 ..1080 ..1083 75
915 .. 895 .. 895
..1232 50 ..1213 ..1225
290 .. 389 20 .. 28* 40
-1018 75 -1010 ..1010

THIS DAY'S NEWS.

THE ST. GILES'S MURDER.

ADJOURNED INQUE
Tr
-(TIIIS DAY.)
VERT

d a
tt h
the
einquestl
loen
et, hie,
ibgobd. ye
tor
ef e
tIII, asrty.
BrAorthr.elrVs this EnYlorr6leinininge,
a directedm e d three
t, persons,
go
for
so.re the report era or the public wereadmittieed,
answert
Gißleesf'
Corner'so
father was called in to the room, and stated,
questions put to Mint by Mr. Wakley, that his son had threor
e
b ic. e r , HeWasens
them. In about. ten minutes he returned •
and witnesses
Harvey,
tcboeu
sl Il proveya o i
n an n g aolffii
with them, but
they were not examined.
Our readers will recollect that the inquiry was adjourned
for three weeks, in order to give Mr. Wakley an opportunity
of obtaining the opinion of counsel as to his power of havn
persons charged with murder before him, and of b "the ringing
subject before the Qineen's Bench.
Mr. WAKLEY said they would recollect that the inquest
was adjourned at that point where Bridget Ronan stated that
she knew the person of the individual who had threatened
Mary Brothers perfttctly well, but that she did not know his
name. She said she ahould know him in that room among
thousand, and that she could identify him twenty
.
hence. The inquiry was adjourned until this day that an
application might be made to the proper quarter for a writ of
habeas coipus to bring the suspected individual before them,
with a view to his i ilentification In the same week a true
bill was found against Connor, the suspected indi-
vidual, on which tte was arraigned, and to which
he pleaded " Not guilty” His trial therefore for the crime
of wilful murder was secured by a step taken after the last
adjournment of the hFitzroy
iquest. The opinion of Mr.
Kelly, Q.C., air. Roebuck, Q.C., and Mr. Petersdorff; was
taken, and after everything that had taken place was clearly
explained to them, they were of opinion that, under the new
circumstances of the case, an application to the Queen's
Bench for a writ of liabeas corpus ought not to be made, be-
cause they were stroilgly of opinion that that Court would
refu.se the application, and that because a refusal of it by the
Court. must lead to an inference, on the part of the public,
that the Coroner had no right to have before him persons ac-
cused of murder or manslaughter. He had submitted to
their opinion—that tbte finding of the bill by the grand jury
would prevent him from having the accused party before
him. But Mr. Kelly, the first man at the bar, and, perhaps,
the first lawyer in the, country, entertained so strong an opi •
nion as to his right of having persons so accused before him,
that, he said, if another case of a similar nature should arise,
' he would go before the judge at chambers, and move for the
pioduction of a person before that Court, if it was necessary
for his identification to he proved before it. He was also of
opiniZ)h that the courso they had pursued was strictly cor •
rect, ant that they hart been improperly obstructed in the
performance of' their deities. He (Mr. Wakley) entertained
the same opinion that be did—that the course of justice had
been wantonly and . willful interfered with by persons whom
he would not name. Hewould leave '
it to them to say whe •
ther they would go on non the inquiry, or return a verdict
at once against some pias'°ll or persons unknown.
The foreman (Mr. R oge."o said they had advanced no
further than at the last meCtillg* They adjeurned because
they were anxious to have the ,ei atter settled, and complained
that Mr. Wakley had rec t applieci to Lord Denman, instead of
referring the matter t e, counsel. If he had applied to the
Court of Queen's Bench]. , Lord Denman would have taken an
opportunity of stating la ;hat the law was, and what took that
case out of the partici') la tr course. After all, no decision had
been come to, so that the public would have to remain in
ignorance as to wha .i. the law was upon the subject. He
believed they were all satisfied that wilful murder had been
committed, and they h did heard sufficient evidence to justify
them in coming to su. :•.ii a conclusion. He submitted that
they should give what they considered a faithful verdict, and
that they should state why they
further.
Mr. WAKLEY said I hat it was rather curious that the ap-
plication which was n tade to the Central Criminal Court to
put off the trial of Cos li tor until the next session was on the
ground that a witness, • who could prove that lie was not at
the spot at the time of a le murder, could not be found. Since
he had held the office of Coroner he had never known a man
charged with the crime ( if murder examined and committed
to Newgate in one day: By the adoption of such a course
no time was given to i 't Le man to obtain any evidence he
might have in his favo u.r. Now, these persons could not be
bound over by the in: gistrate, and might purposely absent
themselves from the C ad Bailey.
Harvey, in answer t o a question from Mr. AVAKLEY, said
he had no] evidence to . prove who the person was that mur-
dered Mary Brothers.
The room was then c It ‘ared.
During our sojourn in an ante-room, Arr. Mims, the
Deputy-Coroner, supp' pie( I the reporters with a written state-
ment' to the effect, th at ldr. WAKLEY wished to make a few
remarks with regard to an imputation attempted to be
thrown upon him by the foreman, that he had broken a
pledge which he bad . given to the jury, that he would
' bring the matter befo re the Court of Queen's Bench. He
explained the circus taittances which bad occurred in his
consultations with coun sf 1 and the position in which lie stood
now that a true bill ha. i been found at the Old Bailey, and
the prisoner was sure t 0 be tried. These matters having
occurred at' chambers we re altogether of a private n
and not to be explaine.l a n public. The result was that the
jury, with the excepti uf t of the foreman, declared their
unanimous opinion tl th .t the Coroner had done everything
that justice and sound rt ason required towards accomplish-
ing the object the jury hi Id in view in adjourning.
he had
Mr. Rogers said he . ihould adhere to the opinion
expressed.
On the admission of the public, after a consultation of half
an hour, during which Mr. Wakley was absent,
The foreman said tl to jury had come to the following ver-
dict :—" We find that ; the deceased Mary Brothers was wil-
fully murdered by son a t person to us unknown, and that we
have been prevented tt v the conduct of the police autho-

rities from pursuing the investigation in a more satisfactory
manner."
Mr. WAKLEY said it would not be long before the matter
would be set at rest. Considering that they had been wan-
tingly interfered with in the performance of their duties, the
verdict was a very moderate one.
A juryman said Mr. Wakley deserved the thanks of the
jury for what he had done at his own expense.—(Hear.)
Mr. WAKLEY thanked the jury, and said he should con-
tinue in the course he had taken until the matter was set at
rest. No such system as that to which he was opposed was
adopted in any other country in England. The inquiry then
terminated.

EXCHEQUER.-(THIS DAY.)
TRIAL AT BAR.—THE GREAT DISTILLERY CASE.
THE ATTORNEY-GENERAL v. GEORGE SMITH.
The proceedings in this case were resumed at ten o'clock,
when
Mr. James Scott Smith was placed in the witness- box,
and examined by Mr. MARTIN—The rebuilding of the
rectifying-horse was commenced in 1836, and finished in
1838. At that time it became necessary to uncover what is
called the blind pipe.
By the CHIEF BARON—The wall was finished in 1838.
By Mr. MARTIN—The pipe was exposed to view for several
days. The foundation of the wall was a great deal lower
than the level of the pipe. Up to 1838 the water flowed
through the blind pipe and a connecting leaden pipe into the
rectifying-house. The leaden pipe was cut off at the build-
ing of the wall, as it was in the way of the builder.
By the CHIEF BARON—There was an opening about six
inches from the end of the blind pipe pointing towards the
rectifying-house wall, and to that opening the leaden pipe
was affixed.
By Mr. MARTIN—After the wall was built, the opening
which exposed the blind pipe was filled up. No water came
in that direction after 1638. The connecting pipe was re-
moved in that year. The leaden pipe was continued
because it was supplied from the new pipes laid down in
1836. The wall was built solid where the orifice had formerly
been. The water, after the year 1838, was -supplied by the
pipes laid down in 1836, and by the trough. On my solemn
oath I can say that not one drop of spirits was conveyed from
the one house to the other by that means, until the experi-
ment was made by the officers. It never entered our heads
that it could be done. I have, since 1813, personally super-
intended the business of the rectifying-house, and spirits
could not have been so introduced without my knowledge.
Spirits were since 1817 conveyed by waggon from the distil-
lery through its gates, along the public streets, and
then into the rectifying•house. The law requires that
the rectifier should give notice to the officer of Excise
that he has received so much spirit; the permit is required to
be shown them, and one bung cannot be opened without the
officer's permission. There is a complete check on the spirits
brought into the rectifying-house. The stock of spirits can
be taken at any time within six weeks. The examinations
of the officers are conducted with great severity, the mea-
surements in the casks being sometimes taken by a four-
gallons cask. I pointed out to the officers before the ground
was broken up the road by which the pipe used to commu-
nicate with the rectifying-house. The pipe is unfit to convey
spirits, because it would corrode, and thereby give such a
taste to the spirits that they would be unfit for sale. If I
wanted to convey spirits by any pipes I should have
them of tin, copper, or pewter, the latter is the best.
Iron would be quite unfit for the conveyance of spirits.
The iron pipe in the distillery-yard is not laid with a regular
descent, it is what is technically termed " swags," or not
laid at a proper current, so that if spirits had been sent
through it, and water had afterwards been run, tke water
would not thoroughly remove the taste of the spirits. I
tasted the water some four days after the experiment made
by the officers, and found the taste of spirits very strong.
The water through this very pipe supplies the dwelling-
house, and while washing my hands I felt the smell of the
spirits very strong. I was not present when the water was
offered to the horses. Ido not know how many gallons of
water were mixed with the spirits in the vat 17. The spirit
could only be separated by its being re-distilled. It would
take about two tons of coal to do so. The additional expense
per gallon would depend upon the produce of the spirits.
There is water supplied through this pipe to the room of the
officers of Excise, in the distillery.
The CHIEF BARON—Oh, it is quite evident, from the plan
furnished by the Crown, that such is the case.
By Mr. MARTIN—The water to the rectifying-house was,
from 1838 to 1844, supplied by this pipe. The men from the
rectifying-house used to go through the distillery for the
purpose of turning on the water. The same Excise officers
used to remain for a considerable time about the premises,
so that they would have ample opportunities of knowing the
men in both works. There are two engines on the premises,
one communicating with the rectifying-house by a shaft
through the wall. The pipe leading into the offices branches
off at about twenty-five feet distance on the main pipe, from
which it descends, and consequently if spirits were passed it
must have flown into that room.
Cross-examined by the Soucrrort-GENERAL—Mv brother
and myself are single men, and live together. The men
employed in the manufacture are different in the one work
from the other, but the men employed to keep the machinery
in order are common to both. The horses and carts are
common to both of us. I believe there is no law against it.
In 1817 there were alterations made upon the premises. In
1814 the pipes were defective, and the iron pipe was laid
down instead. The leaden pipes in the rectifying-house
were connected with the iron pipe at the time it was laid
down. The still head prior to 1836 was supplied from a
breach from the main or leaden pipe which ran in front of the
still. The still head was supplied directly from branches as
they were erected. The connexion between the blind pipe
and leaden pipe was cut off in 1838. The trough has been
in existence for many years, and there is a pump required
for the purpose of forcing water to the still head, in the event
of the usual flow being discontinued. That pump has been
in existence since 1838; there used to be a handpump before.
There is a smallcistern there, and there is a bell to give notice
when the water is low, so that the supply may be
put in at once. The trader is bound to make a declaration
of the strength of the total spirits, and the Excise officer
says that he has a means of testing the truth of that declara-
tion. I think it impracticable to convey spirits by this pipe,
because, before it could be done, it would be necessary to
stop the works, in order to do so. There would be a greater
loss than gain by this procedure. Wash would be affected
' by the corroded pipes in the same way that spirits would. I
have used lime in rectifying, but not for some years. There
wee no lime discovered in vat 17. What was found there was a
sediment from the spirits. The duty on a gallon of spirits is
7s. 10d. ; and, therefore, on 700 gallons the amount would be
2601., or more. The present price of malt spirits is about
10s. 2d. a gallon, including duty. I decline saying what
the profit upon that may be, as it varies so much. I recol-
lect the officers on the premises about the 14th of October,
and having some conversation with them relating to the
water communication between the distillery and the rectify-
ing-house. I have no doubt that if they put impertinent
questions I might have told my brother of it. Ido not re-
member Cameron's saying, " Does not the water running
into :the troughs for the supply of the worm-tubs come
from Mr. George Smith's distillery." He asked me, pointing
to the wall between the rectifying-house and the distillery,
"Is there any other 'communication between the distillery and
the rectifying-house except this shoot." I answered," None."
I do not recollect saying that this mode of supplying the
rectifying-house with water was objectionable. Ido not re-
collect using the words " criminate myself." I recollect say-
ing something like this—that my father and myself called
upon the late Mr. Carr, solicitor to the Excise, and he per-
mitted us to use the pipe for gas and water supplied from the
distillery as before. I do not recollect Cameron saying to
Frankish that he had asked me whether there was any other
communication with the distillery except the open trough.
The SOLICITOR-GENERAL complained that his Learned
Friends who were engaged for the defence, and more parti-
cularly Mr. Watson, continually interrupted him in his cross-
examinations by their audible observations.
Mr. WATSON—If I had done my duty, I should have in-
terrupted you much oftener.—(Laughter.)
Cross-examination continued—When I said there was no
other communication, I think either Fankisk or Cameron
said we think there is another communication.
Re-examined by Mr. MARTIN—I was introduced to the
officers by Mr. Drink water, and they, pointing to the direc-
tion of the trough, asked if there were any other communi-
cation than by that shoot. I said, " No," and then Cameron
or Frankish said, "I think there is." I said, "Point it out
then," and we went up to the top of the still-head, and
Cameron asked, " Where does this water flow from 2" I said,
" From the main." He asked again, " Does that not come
from the distillery 2" I said, " Yes," and pointed out the
direction in which the pipe ran.
The SOLICITOR-GENERAL objected to this mode of re-
examination.
The CHIEF BARON thought it would be better if the whole
conversation were given, and then the Learned Solicitor-
General be permitted to ask any question having reference
to any part of that conversation.
Mr. F. KELLY was perfectly willing to accede to this pro-
position.
Some discussion then took place between the Counsel on
both sides and the Bench, as to whether, in re-examination,
it was competent to Mr. Martin to question the witness as to
parts of a conversation not referred to in the cross- exa-
mination.
The COURT decided that the re-examination might pro-
ceed as Mr. Martin was conducting it, for if there was any
direct matter of denial in the evidence, the Solicitor-General
could call witnesses to contradict.
Re-examination resumed—Witness did not hesitate to point
out the course of the pipe when the officers requested it.
Neither did he hesitate to allow the ground to be broken up
to expose that course. He could not recollect all the precise
words of the conversation. There were three officers, and
they were disputing the same questions in different ways, and
repeating his answers in altered terms, so much, that he was
obliged to say repeatedly to them : " I will not allow you to
put words in my mouth—you misrepresent me to myself."
He observed to them that there was nothing illegal in sup-
plying the rectifying house with water from the distillery. He
told them that Mr. Carr, the Excise solicitor, had consented
to the pipe being laid down, and that the Act of Parliament
forbad only pipes for the transmission of worts, wash, or
spirits.
Here another long discussion arose as to whether a question
could be put relating to the date and circumstances of the
conversation with Mr. Carr referred to by witness in his
answer to the officers. The witness stated that it took place
in 1817, before the Act now in force had passed. But the
Court would not allow the answer to be received, deciding
that the question was irregular.
Mr. KELLY again claimed his right to put a question to
the witness, as to the conversation with Mr. Carr.
The SOLICITOR-GENERAL again objected, and after a pro-
longed discussion,
The LORD CHIEF BAnost said that it had already this day
been argued, discussed, and decided, that no question to the
witness as to the time, the place, the words, or even the
truth of the alleged conversation with the late Mr. Carr, was
admissible in this re-examination.
Mr. KELLY still pressed his argument with great perti-
nacity and ingenuity.
Their Lordships consulted for some time, and we certainly
understood the Lord Chief Baron to express the opinion of
the Court in favour of the admissibility of the question in the
form last urged by Mr. Kelly, but the Learned Gentleman
then merely requested their Lordships to take a note of his
question. -The jury then retired for refreshment.
Re-examination resumed—He pointed out to Frankish
and the other officers the direction of the pipe, and consented
to open the ground, but he could not tell on which occasion
he did so. Took a sample from the vat No. 17 before the ex-
periment was made, and found in it nothing but the sediment
always deposited in vessels which had held spirits and water
for a long time. To convey spirits through a pipe on the
principle of the syphon, it must be airtight. The pipe in
question was certainly not so, nor intended to be.
(The trial was proceeding when our report left.)

MARLBOROUGH-STREET.
(THIS DAY.)
THE KNIFE' AGAIN.—SERIOUS CHARGE OF STABBING.—
Elizabeth Meads, a tall, powerful female, about thirty-five
years of age, was charged with stabbing Robert Murray, a
well-known pugilist, with whom she was cohabiting.
William Howard, police-constable, No. 94, of the F divi-
sion stated, that between ten and eleven o'clock last night,
he was called into the Fishmongers'. Arms, public-house, in
West-street, Seven Dials, and found the man Murray there,
bleeding ptofusely from a wound about an inch below the
collar-bone on the left side towards the shoulder. -114ving