The Sun.
London, England, 1818-12-07 00:00:00

COURT OF KING'S BENCII, DE-c. 5.

DOR ON THE DEIk.IISE Or:EMANUEL HOSPITAL V.
- VAIEMAN. Esdt. •
On this ejectment being called on at tlse open-
ing of the Court this morning, the defendant,
r.ntain Fairman, presented himself, and stated,
that the awkwardness of his situation,
he had to claim the indulgcnre of site Court, as -
neither his Counsel nor Solicitor hail yet ar-
rived, but ' were expected Momentarily." The
CHIEF JUSTICE, with that urbanity,and regard for
public justice which has distinguished his conduct
. noon all occasions, immediately observed, that he
would certainly shew to any Gentleman under such
circntnitahces every acenmmodation' tvhich was
consistent with his duty to other suitors, by taking
the next cause its rotation. The parties, how-
ever, not being ready in this, after some little
extra .business was disposed of, Captain Fairman
again addressed himself to his Lordship and said,
that " if it were then the pleasure of the Court to
proceed in Isis cause, he would trust to the libe-
rality of the Gentlemen who held, briefs against
him, and,. incompetent as be might be for such
an undertaking, would defend it in person." Up-
on this Ms. READER, who was retained tor the
plaintiffs, handsomely proposed that it might be
pet-tnitted to stand over till "Monday, which WAS
instantly Oripiesced in. Captain Fairman thanked
him for his politeness, bowed to the Bench, and
withdrew. This Officer, it may be recollected,
was honoured with a letter of thanks not long
ago from the King of Spats:), far some publica-
tions in the daily prints relative to the affairs of
South America, and whose speculations in most
respects have since been verified.
The cases that followed were only interesting
to the parties eonceroo.,,..

COURT OF EXCHEQUER.
IMITATIVE TEA, COFFEE, AND TOIMCCO.

THE ATTORNEY-GENERAL V, HENRY COPE.

Ntrat.toN having opened the pleadings,
The ATTORNEY-GENERAL, with his wonted
ability, stated the information against the .defen-
dant, which imputed, first, that be, being a tea-
dealer, had in his posiession a large quantity of
coloured leaves, in imitation of tea ; secondly, that
lie had a similar quantity of coloured leaves in his
pOsieSsion, made to resemble tobacco ; and lastly,
a quantity of roasted beans, peas, or other grain,
in imitation of coffee-whereby he had become
liable to pay large penalties to the King. The
Learned Gentleman then proceeded to observe,
that the trial of this case was of the most serious
importance : first, because through the medium of
such informations, frauds upon the revenue were
prevented ; and secondly, and more materially, be-
cause persons guilty of such crimes as were imputed
to the defendant, not only placed in danger the
health, hut, he-might almost say, the lives of his
Majesty's subjects. It was scarcely necessary to
remark, that the articles, the imitations of which
were charged to have 'been found in the defend-
ant's possession, where articles of consumption,
not only with the rich and luxurious, but with
alliclasses of the people of this kingdOm. With
regard to tea eSPecially, this eras an article which,
it was known but too generally, formed the sills-
stititte of more solid food ; and those acqoainted
with the habits of men in the 'htmble classes of
life-7—he meant-those who occupied the most low-
ly cottage, Roy, those perhaps who eked out their
exi,stence.by the hedge side, wrre well aware that
tbese poor creatures often applied to this as their
constant food, and the tea-kettle was resorted to
once or !wide 4 day as a necessary of stfstenation.
With this conviction on his mind, he charac-
terized the conduct of such men as the defendant
as 'really wicked.: He might make the same
remark with regard to tob.-ceo, although that
was not a commodity of such general con-
suMption as the other.' Nevertheless, tobacco
was much in use with the common people, and,
whether smoked, chewed, or taken in the form
cif mad, if mixed with deleterious materials, it

. ,
was highly pernicious The imitative coffee found
in the possession of the defendant was, perhaps,
the least obnoxious, as this was composed only of
burnt grain, inferior price ; but still the sub-
stitution of such composition for real coffee was
a direct fraud upon the public, as well as upon
the revenue. The progress of this case would
disclose not alone the actual manufacturer, but
the ingredienti of which' the imitative article was.
composed : and it was not a little singular, that
the wholesale dealer was a manufacturer of black-
ing paste, and no doubtused the same ingredients
in the composition of the-one as he did in the,
-other. The- 'Learned Counsel then proved the.
facts by evidence.' • '
The' COMMON SERGEANT, after speaking in ex-.
tenuation, ?mid, " My Lord, I 'cannot resist the
'verdict for the Crown in this case, and therefore
will not give your Lordship the trouble of sum-
tniug np "
The ClitEP BARON.—" 1 was not going to
SIM up; nor is it in my power to control the
wercy which may be exercised by the Crown in
this-case,; but I think it right to state, as one
appointed to administeriustice here, that there is.
no foundation for those'claiths to consideration
which the Commdn Sergeant baiput It is high
time to put an end to this-abominable traffic; and,
as far as I understand the case, there is nothing in
it to ex,:ite compaSsion." •
The Jury then returned a verdict for-the'CidWn
for the following penalties :—One Thousand One
Uundred and Twenty Pounds, fur 112145. of imi-

tativelea, at 'TOL 'perlb.4 Ofle- Hundred Pounds,
forlinitathe cotlee ; and rwo'Hinidred 'Pounds.'
for .imitative tobacco ; making a- total of One
Thousand Four Hundred and Twenty Pounds.

THE ATTOINEY.;GENERAL V. THOMAS AND GEORGE

NELSON.

This was an information against the defen-
dants, grocers, at Manchester, for'having imita-
tive tea and coffee in their possession.---John
`Gibson deposed, that on going up stairs in the
'defendant's house, he 'found in an unfurnished
room some yellow ochre, or Dutch spread
on the floor. He was induced to 'make an expe-
riment on the green tea dust-, and found that it
was black tea -dust, coloured with 'the yellow
ochre or Dutch pink. The coffee was adulterated.
There was no defence, and a verdict was found
for the Crown, of a penalty of One Hundred
Pounds, for having coffee adulterated with burnt
grain in their possession, and Two Hundred
Pounds, for having the coloured tea in their pos-
session.