The Sun.
London, England, 1845-05-02 00:00:00

Ant

LONDON, FRIDAY, MAY 2, 1845.

The House of Lords did not sit.
The Commons met shortly before Four.
Mr. BARKLY took the oaths and his seat for
Leominster.

The Lords' amendments to the various Railway
Clauses Consolidation Bills were then agreed to with
the exception of these—the Railway Clause Consoli-
dation Bill Scotland.

extreme points of the views they respectively enter-
tain on those subjects, immense benefit would result
to the country at large. Conciliation would diffuse
itself through even those classes whose interests seem
at first sight the most conflicting. As in almost all
other cases, decision has nine chances out of ten of
being justified by the result. In the case of Java,
and the still more remarkable example of Singapore,
the establishment of free trade and free ports was the
sagacious policy of the great Sir STAMFORD RAFFLES ;
and the rapid increase of commerce, the increase of
revenue under almost nominal dues, and the almost
preternatural development and extension of the little
locality (the island of Singapore), in which this great
experiment was destined to be exhibited, surely
supply Sir ROBERT with fact, precedent, and autho-
rity sufficient for venturing on a large and compre-
hensive plan of free trade. Better to test the experi-
ment, even if it lead to results of some grave tempo-
rary inconvenience, so long as they are not irretriev-
able. But it would be easy to retrace a few steps to
meet in advance, by providing securities for that pur-
pose in the Parliamentary enactments which shall
authorise it.

Mr. LABOUCHERR objected to the amendments, and
after a short conversation it was agreed that the Bill
should be re-introduced with those clauses, so as tc
afford the House an opportunity of considering them.
Sir G. CLERK moved " That every Committee on
a railway Bill shall, with their report on the Bill.
state whether the provisions of the Companies Clause:.
Consolidation Bill, the Railway Clauses Consolidation
Bill, and the Lands Clauses Consolidation Bill, have beet
complied with ; and, if they shall not have been complied
with, state in what respects they have notbeen complied
with, and the reasons for such non-compliance. Thai
the Committee on every
.Bill other than a Railway
Bill, to which the provisions of the Companies
Clauses Consolidation Bill, or the Lands Clause:,
Consolidation Bill, are applicable, shall report to the
House any non-compliance with such provisions, and
shall state their reasons for permitting such non-
compliance."
The motion was opposed by Sir G. GREY, and,
after a short conversation, was withdrawn.

Mr. HUME'S motion on the recal of Lord ELLEN-
BOROUII was postponed till the 19th.
Mr. RUTHERFORD, after a short discussion, ob-
tained leave to bring in a Bill to regulate the admis-
sion to the lay and secular chairs in the Scotch uni•
versities. The object of this measure is to enable
persons, not members of the Church of Scotland, to
fill those chairs.

We cannot help thinking that hard measure has bee n
meted out in the courts of this country towards Mr.
CARUS WILSON, the victim of that sort of legalised
spitefulness which the antiquated jurisdictions of the
" Channel Islands " can exercise at pleasure, on all
within their reach, in virtue of some unaccountable
oversight in the Imperial Parham( nt. If the mischief
and the outrage could have been foreseen, that, in such
a case as Mr. WILSON'S these vexatious pretensions--
(derived from the right stock of Norman tyranny)--

might visit upon an English gentleman, brought
up under the protection of equal and consti-
tutional laws, and accustomed to the unfet.
tend exercise of those privileges which are every
Englishman's birthright—no doubt the Legislature
would long since have withdrawn or neutralised the
powers in question. They are offensive anomalies, ii
they exist within any portion of the Queen of ENG-
LAND'S dominions, because they are sure to come into
collision, at some time or other, with the inherent per-
sonal and common-law rights, or the statute-created
rights, of her MAJESTY'S British subjects. Now, Mr.
WILSON, having given offence to a sort of Lilliput
Chancery, stood upon his Eng'ish rights, and via,,, e
do think, scandalously maltreated. Little " Viscount:,"
and overbearing Baillics, and an Attorney. General (for
Jersey is blessed with all these), who might have in-
fused more of the decorous bearing of the English bar
into his deportment towards the defendant, combined
together in one war upon the tall Englishman. They
seemed to think he could bear it all—and more ! Th, y
MUSE have imagined that (in the words of SWIFT'S
" Lilliputian Ode to QUINTUS FLESTRIN")—

" Bards of old—often told—
When they said—Atlas' head—
Propt the skies."

Nor was he more fortunate at Westminster before the
Court of Queen's Bench. We will not be so disrespect-
ful as to say that the Lord Chief Justice was testy ; but
we remember that the Solicitor-General lost his temp: r,
and somewhat of his wonted courtesy, in dealing with
Mr. CARUS WILSON. Mr. Wlmots 15 now remitted
back to Jersey ; and if he had been SAMSON him-
self, lodging at the Arak's Head, in Gaza, in-
stead of plain Mr. W., at ANDERTON'S Hotel,
in Fleet-street, the Executive of that antique cit 3
could not have sent a greater possee of Philistian con-

itables and gaolers to seize the mighty lion-slayer, than
. —. . .. . _

our profound Civic functionaries ever-agreeable
Home Secretary, Sir JAMES GRAHAM, ("Drat that dirty
child, agin !" as Punch says of him), and the illustrious
Police Commissioners dispatched to secure him: In-
spectors, constables, officers, warrants of a Secretary of
State and a Jersey baillie, all fell upon him. Two lots
(one, we presume, for his legs, the other for his torso),
bore him to the terminus, and a special train, we ima-

gine, with a double allowance of loco-motives whirled
him down to Southampton, where an " all-compel-
ling" steamer settled the business of his retramf .r

to the island of large pears and liiigious people. What
is to be the event of the contest between the island
authorities and Mr. WILSON remains to be seen. But.

we suppose that its result is not very likely to be fa

vourable to the latter, Seriously, however, if the exist-
tog state of the local law of Jersey and its relations to
the law of England be such as to admit of no present

The Earl of LINCOLN brought in a Bill to facili
litate the enclosure of waste lands, and also a Bill to
facilitate drainage.
Sir G. CLERK brought in a Bill to amend the
Merchant Seamen's Fund Act.

The Exchequer Bills Bill was read a second time,
and the House adjourned at nine o'clock.

There is a clever tittle sketch in the present week's
number of Punch; which may well serve as a text
for graver matters than the immediate object of its
application. An energetic, active, eater, long-legged
personage is striding onwards, as if his feet were in-
serted into the " seven league" boots of the nursery
fable. In his left hand he hauls, rather than leads,
fat, little boy, who, at the top of his speed, yet still
" haud passibus aluis," is vainly endeavouring to keep
up with his companion's giant-stride. " Come along,"
says the dashingly-hit-off effigy of Mr. COBDEN,
" come along, Master ROBERT, do step out, pray."
" Oh ! it's all very fine to talk of step out," nplies
the flat-capped, jacketted, little, chubby representative
of Sir ROBERT PEEL, " but you know I can't go so
fast as you do." Now, this is a most accurate de-
lineation of the race between COBDEN and PEEL, in
their proper persons, and on the actual theatre of
St. Stephen's—for the GREAT FREE-TRADE STAKES
The unequal progress of the Premier, committed, ar
he is, to the same match, but " aged" and " over-
matched" by the still ponderous burden of what re-
mains on his back of the heavy party-saddle he has,
till lately, been compelled to carry, is not less ridi-
culous when contrasted with the untiring energy,
spirit, and game of his competitor, COBDEN.
The latter is resolute to get over the
ground with the least possible delay, to
their common goal of Free Trade, which both have
been heavily backed to arrive at. The Cobden colt
is in good training, and wants neither whip nor spur,
though he may need a somewhat teasing bit to pull
him up. " Sir ROBERT" knows his business, can wait
upon every horse in the field till the opportunity
offers for him " to go in and win," when his bone
and weight and endurance are found often to make
up for want of speed. The " Sir ROBERT" has there-
fore acquired a dangerous knack of creeping in at the
fag-end of a contested heat, and winning the cup.
But his old tactics, we may venture to predict, will
fail him on this occasion. He must " step outl" ana
bravely, too, throughout the course, if 'tie have not
made up his mind to be distanced in popularity and
character on the political turf. Why does the Premier
halt in his free-trade demonstrations ? While he
stays where he is, nobody will give him credit for
even the intention to go farther. But if he will not
advance, he cannot recede ; and if he stand still he
will be run down and over by the whole field of the
free traders, who are all " ordered to win." It is a
false and a dangerous position—a political neutralisa-
tion. Sir ROBERT has done much in the work of
reformed commercial institutes, and of the fiscal or-
ganisation necessary to be adapted to them. But it
he will not do more, what he has done will be
looked upon by an immense section of the people as
so matiy tubs thrown out to amuse the whale, rather
ttian as parts rnd indications of a general and matured
system of mercantile amelioration.
Let us see what Sir ROBERT hazards by going
boldly, and promptly, much farther in that direction
which it is manifest he conceives to be the right one,
though he affects a decent hesitation and difficulty
about pursuing it. Those of his supporters, and
friends, and party who were against all sweeping
changes in the fiscal and mercantile policy which he
found established when he last entered into office, he
has already oxitraged past all accommodation. With
them he is " an unclean thing." He has nothing to
fear now from their importunity. They will rather
avoid than approach him. But they will divide
against him
established
as opportunity may offer. Those who
are for
losing
on
no
os
broadestmore
tiin
andebumtosgtepettirnmgantfrenet
busts,
,
complain that his having " pronounced" h •
favour to a certain extent only,
and
in their
favourthen paused,
exercises a sort of halting and
influence
on obstructive
on the progress of free-trade • •
principles towards their
practical establishment and recognition.
It is felt
that there is nothing to be allowed for any plea of
doubt or alarm as to •
going farther, to him who bas
shown something like alacrity in going so far, towards
the extinction of monopoly protections and class-interest
made laws. Of him who has knocked off some 500
articles, out of 820, chargeable with duty, by his
new tariff, they demand the extinction of several
others, and very important ones, which he has not
yet subjected to any modification of any kind. It is
fully evident, that if the Ministry were to meet the
free traders rather more than half-way between the

remedy, or an appeal from a grievance like that which
Ir. WILSON has unsuccessfully prosecuted to the Courts
at Westminster, it is to be lamented that the Legislature
should delay, for another session, some provision, by
statute, for the better protection of English subjects in
the enjoyment of English rights in the Channel Islands.
There is but one remedy we can suggest, in the
meantime, for the probable evils which our country-
men may encounter if they proppse to follow the
example of Mr. WILSON of settling in Jersey. It is the
very obvious one of changing their purpose, and shun-
ning such a residence. It is probable that a determina-
tion of this kind, largely acted upon by the English
frequenters and visitors of Jersey, would operate un-
pleasantly enough on the interests of the Jersey people ;
but it is the surest and simplest device we can imagine
for the avoidance of that sort of treatment of which Mr.
Witsoli's case has been by no means a solitary specimen.
In saying this, however, we offer no opinion on the
merits of the original cause in the Jersey Court. It is
merely against the vindictive spirit in which an indi-
vidual—an English subject—may be persecuted as
well as prosecuted, that these remarks are di-
rected, and we would impress upon the public
attention the necessity, which has been so often en-
!breed, for consolidating and assimilating the laws rela-
tive to the local jurisdictions, according to the spirit—as
far as may be practicable—of the laws of England. At
present these local laws and customs are so various that
what obtains in one place is prohibited in another. That
may not be done here which is enjoined to be done thc, e.
"Incidit in Scyllam, qui vult evitare Charybdin."

The Madrid Gezette, of the 24th ult., contains a ro3
decree granting an amnesty to all individuals implicated
in the revolt of Alicaat and Carthagena in January and
February, 1844, and to those engaged in the rebellion at
Vigo on the 23d of October, 1843, with the exception
of the chiefs and the officers and privates of the army.
The Chamber of Deputies on that day took into consi
deration the amendment of Senor GONZALES ROMERO to
the motion of the Finance Minister for arranging the
public debt. After some angry discussion, tho mend-
ment was negatived by a majority of 76 to 37.

MADRID BOURSE, APRIL 24.—Three :per-Centt,, for
Account, 35 11-16 ; Five per Cents., for Account, 25g.

In the Frenely,;-
men tar.; timber of Deputies, on the stipple-
credits being brought forward, a brief discus-
, took place on the Vote of 44,0001., including inte-
r rest, in payment of indemnities claimed by Nnglish
merchants, who in 1835 had been subjected to losses in
consequence of the blockade of Senegal by th'e French,
One of the Members (M. LAstanlE) maintained that
the Governor of Senegal was perfectly justified in de-
claring the blockade, and that the granting of any in-
demnity was an abdication of their right of sovereignty.
England, he added, bad frequently declared the toasts
of the Gambia in a state of blotkatie, brit no indemnity
had ever been claimed by Fretikkt shipowners for the
losses they had thereby snstained. By the treaty cf
September 4, 1783, England had ceded to France the
river of Senegal with its dependencies, but `rante he'd
never recognised the envereigney of England en the
Gambia, and as a proof of this he vvettld remark that a
French steamer, the t 4 llibi, on board of which was the
Pane° DE JoieNteee as passenger, had, in 1840,
passed the bar of the Gambia without saluting the
fort, in order not to thereby recognise the sovereignty
of England. The pretension of England on the
Gambia had been maintained in a dispatch from Lord
ABERDEEN to the Minister of Foreign Affairs, in which
the conduet of the French vessel had been designited as
improper. Ou the 24th of March, 18413, the Minister of
Foreign Affairs, in a dispatch addressed to Lord Anita-
BEEN, admitted that the complaints or Fkgland were
well founded, and that the toniteentQr of the vessel had
been blamed. ThiS ehhsidered was a fresh proof of
the wealswees ‘,.-A" the Government with regard to Etglitui)
and th abandonment of the legitimate pretensions Which
France had so long maintained against the soltereignt..y
f England in the Gambia. U. OnthiTtL, the
Minister of the interior, replied that an indemnity of
more than 9.,t10;),V)13431. had ben demanded by the
Erlich tnerchants, but only 41,000 f. awarded, All
the rights of French sovereignty sever Alhreda
had been recognised, though England asserted
that French vessels were bound to recognise
her rights when passing before St, Ataty: ficVeral other
Members addressed the Chamber) but the discussion was
not closed at the hour of post. It was understood, how-
ever, that the vote would be agreed to. Among other
items in these estimates were the following ;-20,000f.
for the ordination of Cardinals and Bishops ; 3,906,996 f.
for the pay, food, and clothing of troops ; and 240,000 f.
for electric telegraphs. M. ARAGO took the opportunity
be completely
It that n
had
dpbl next
nl
ySautensfidtraasybt
established eudbelectrictebde t
between
eheenth
whether
se communicationcu andr.
orlsßefiusuttilledntbng t
could be transmitted from Paris to Lyons ; but at
pl%rieths eonutt nthoadosluigbhttewshtadteifavecrueitz:s. t e
et ntat e
ni t
ewnoteulrde
dbeinstoo,
very full details of the experiments that had been made
and the iraßrovelhente which were grada,ally. iutiPdtieed.
•

THE BOURSE--WEDNESDAY, APRIL 30.

First

High st Lewut

TAR Sri N, LONDON, FRIDAY EVENING, MAY 2, 1845.

The following are extracts from the papers :
" A meeting of the principal silk manufacturers of Lyons
took place a few days ago in that city, to consider the pro-
priety of petitioning the Chamber of Peers against the intro-
duction of Chinese silks into France. The petitisn was ac-
cordingly- drawn up, and has just arrived at Paris, bearing
300 signatures. It states that the Lyons manufacturers con-
sider the importation of Chinese silks as certain to cause the
complete ruin of their business, and contains tabics, showing
35 to 40 per cent. difference in favour of the Chinese in all
the markets where the silk goods of the tw o countries enter
into competition. In consequence, they pray to have the
home market at least reserved to them, and that nothing
should be changed in the present scale of duties."
The Presse says :—" We have received a letter from Ota-
heite, which does not exactly agree with the account from
Havre. According to our letter, Admiral Harnmelin bad
gone from Otaheite to Raiatia, where Queen Pomare was
remaining. The natives, it says, are well disposed towards
us, and the Queen herself not averse to returning to Papeiti.
She was even expected from day to day with Admiral Ham-
melin. Oar correspondent also informs us that that the
functionaries and the garrison established at the Marquesas
can with difficulty provide for their support. Oxen had been
brought from California, which, nut having found any pas
turage, could not consequently fulfil the end which the local
administration had proposed. The authorities were reduced
to the rations given by the vessels."
The following extract from the ConsClutionnel shows
that the malignant spirit of M. TRIERS still presides over
that journal :
- -- •

" The Commandant Mallet and the Commandant d'Au-
bigny leave the colony. These two superior officers are
greatly regretted by the French population and the natives.
The first commands the Embuscade, and has been on the
station fin- the last 18 months. By his firm conduct and
ability he succeeded, in the presence of an English force su-
perit;r to that of the French, in regaining the consideration
and respect of which our insolent rivals had deprived our
flag. D'Aubigny is prevented by ill health from continuing
his functions of Deputy-Commander of the Society Islands.
Ile was particularly charged with the maintenance of order
and the administration of justice, and no men was better
qualified fur that double ethcc. His departure is a real
for the colony."
The New Zut ich Gazette, of the 26th ult. has the fol-
lowing from Lucerne, of the 27th April:—
" Yesterday the Grand Council unanimously ratified the
treaty, concluded on the 23d, relative to the ransom of the
prismiers; but it has issued a decree, imposing certain obli-
gations upon the Governments of the four cantons as regards
the persons belonging to them who took part in the attacks
upon Lucerne. The presence of the Foreign Ambassadors at
Lucerne had for object the promotion of the proceedings of
the Federal Commissioners on behalf of the prisoners. They
have advised the Government to grant a general amnesty."

Last

Price. Price. Pri,c,, Price
French Five per Cent:3. ••.• 119 .. 119 25 .• 119 .. 119 25
Three per Cents 85 60 .. 85 65 .• 85 61 . 85 65
Goitin Bank. I,ooof Shares —llO5 . • 1105 • • 1105 •• 1105
Belgian Bank . •• •• •• •• 639 .. 630 .. 625 .. 625
Belgian Fives, '840.. •• •• •• 1031 i 1031 i 1031.
1842 1051.; .. •• 105!
Spanish Active ..
Threes.. .......• 42 .. 42 .. 42
Portuguese Five per Cen.ts 67 .. 67 • • 67 •• 67
Roman .•• •• •••• .• •• •• ••

St. Germain . ...11AI.L110%‘'Y 51.1.A10114115. ..1040 ..1040
Versailles, 515 517 50 .. 515 .. .515
322 50 . 322 50 .. 312 50 .. 322 50
Rouen ••..............1057 5O • 1057 60 —lO6O —1062
Rouen to Havre..
Orleans ..... ::181590 :: 8;
11(5
80

9,trasburg to Bale
2go 2)40 .. 270 .. 275
Lvignon to Marseilles•—• —lOOO —1(00 965 25 • 965 '25
Bordeaux to Teste •• 210 .. 210 '205 .. 205
Orleans to Vierzon
RAILWAYS FOR TILL ACCOUNT, MAT 3
St. Germain ......... .101) ..1040 —lOlO ••1040
Versailles, R.II 515 520 .. 512 50 .. 520
L.B. ,
Rouen•• .• •........... .• 1870 11.70 1055 ..1067 50

Rouen to Havre........... 50 , • 893 • 812 50 .. 8.52 50
Orleans ••• • • •..... 1180 ..1192 50 •.1175 ..1192 50

Strasburg to 8a1e.... ...... 240 .. 280 .• 267 50 .. 277 60
Avignon to 3larbeilles • ..• •• 1000 1000 .• 987 50 ..1000
Paris :to Sceaux 800 •• 815 • . 800 • • 815

THIS DAY'S NEWS.

EXCHEQUER.—(THIS DAY.)
TRIAL AT BAR.—THE GREAT DISTILLERY CASE.
THE ATTORNEY. GENERAL F. GEORGE SMITH.
THE SUMMING UP BY THE CHIEF BARON.
At 10 o'clock the Court was crowded ill consequence of its
being generally understood that the proceedings would on this day
be brought to a termination.
Shortly after that hour the Lord Chief Baron, Mr. Baron Rolfe,
and Mr. Baron Platt entered the Court, and the names of the
jurymen having been called over,
The LORD CHIEF BARON proceeded to sum up. After reciting
the different counts in the information, his Lordship said that the
jury would have only to deal with the first five, those which re-
lated to the alleged illegal communication between the distillery
and the rectifying.house, and as all these referred to the same cir-
cumstance the verdict of the jury need only be taken on one of
these counts. The case had lasted a very considerable time, much
evidence had been received, and the question had excited intense
interest, not only en account of the magnitude of the penalties
claimed, but as it related to the public commerce generally. He
thought with the Learned Counsel for the defence that the decision
would turn upon the question of law; but in order
to put the gentleman of the jury in possession of the outlines of the
case, and of such facts as were proved before the Court, he should
advert, very briefly however, to its general history as they had it
it in evidence. The Learned Judge then proceeded to explain the
process of distillation as carried on upon the premises ; the law as
passed in 1617 and the law of 1825, which still further amended
the previous Act, and provided that distilleries should be removed
to a distance of a quarter of a mite from rectifying-houses, so as
to prevent the surreptitious conveyance of spirits from ono work
to the other. That Court and jury had nothing to do with the
policy of the law, but whatever the law is fairly to act up to it.
But as far as it might be important to the feelings of the jury to go
on with the Legislature, he ought to state that it had been thought
proper to make a variety of regulations, in:many of which there were
prohibitions of the means of committing fraud, whether fraud were
committed or not, and prohibitions even of the semblance of the
means. For instance, there were many prohibitions of the means
of forgery, and they went so far, that if you had even any paper
resembling the paper used by the Bank of England without using
it—without even any intention of using it—to make it au offence.
Therefore, upon this question of law, he laid it down, entirely
with the concurrence of the Court, that the meaning of the Act of
Parliament was, that—without any inquiry whether the " way,
tneaus, or communication," had or had not been used—it was
apparent that the Legislature thought it necessary, for the protec-
tion of the revenue—which, as they heard in evidence, amounted
to 6,000,0001. per annum—to prohibit the means of committing
fraud, whether these means should or should not, might or might
not, have been used. The Act containing the prohibition to which
he was now referring passed in the year 1825 ; and it was diffi-
cult to suppose that it passed without the attention of those who
were engaged in these important matters being drawn to its pro.
visions. Whatever took place in 1817—if anything took place—did
not appear before them, and as a legitimate subject of inquiry, that
sank in importance compared with what took place or might or ought
to have taken place, or might be expected to take place in 1825. It
was difficult to imagine, considering the immense importance of
this concern to the Government, that there should not have been
a strict individual examination of any new law relating to it; and
it was difficult to imagine that the effect of the laiv WoUld escape
the attention of those against whom it was directed. But
tilt; whether or not is now, to us, in this inquiry, unimportant.
it became law in 1625, and the question before them wtilt;tOro oe.
whether
broken or
onot—or, ienthi ernesstt, :shodt dost rectifier on another,)
Whether t
it
tuhpaad been
tionsot distiller
carried on respectively on those premises, being situated within the
distance of a quarter of a mile, and there being " shy Way, means,
or communication," by whith spirits or wash toUld be conveyed
frotn one to the other, it appeared that no change took place in
the isespettiVe premises of the Messrs. Smith Nor did any thing
epeear to have been done until 1836, and then alteratiene wets
made in the western part of the preihisa iii eye l trench was
made between the two pi-endless it Was Made in the face of open
day. No part of the ground on the pretnises Was taken tip. there
was no digging but on fhb hleikvil. tits tcrdship then
read the evidence off the officers Rirby and Jacques,
Who Mai !tat opening made, and who said that they
halt ho idea that it was intended for a water-pipe to
communicate between the two ptetnises. In 1W Jacques
had his attention brought to it, but he did not think
about it, et he would have communicated the matter to his
superior, Phillips, Long before that, the pipe which the jury sate
on the model before them crossed the road, and furnished water to
the building On the other side, that is the granary, or spout.house
No. e, connected with the distillery. Then it had a branch turn-
ing to the left, and supplying water to the sthble. That pipe
when put down could not 1* elit off by any stopcock at that timtr.
But in !Meta, at Whith time, according to the evidence, the whole
of the communication was pulled dowil, and the otit.nrethisee
built, a stop-cock was put to the pipe, At the suggestion of
the turneock of the East London Water Company ; and, as Was
ehelvn by the surveyor of the Company the teak
and pipes were furnished by the Company. When this
was done any nue walking through the street could see it,
and wokild suppose that it Was a cock under the bontral of Mr.
Smith. His Lordship then rtterted to the seVeral entries made
ftem time to time by kr. George Smith, according to successive
A'ctt of rarllament ; and in those entries the brat-thee to the
dwelling-house and stables are mentioned; bet the branch to the
reetifying.house was not nientithed. HD Was disposed to agree
with the Count'el for the defendant, that if the latter brahch had
beets inentiened in the entry—altheugh even then the le* would
be broken—there would be an appeal to the ttoWn, which could
scarcely tie made in vent Por, if that had been stated, and ho
Step taktm by the Excise authorities to prevent its col-influence,
there would be good ground for all appliesation to stay these prb.
ceedings, on the ground that the tieltbdant had given a fair de-
scription--hod totnplitel with the law—and had given every re-
sented information to the Excise. Considering, how.
ever, the state of the law, the obvious meaning and
intention of the Legislature in passing the law,
in 1617, and a more stringent law to 1825, he could not see a suf-
fitient reason for supposing, on the part of the defendant, that lay-
ing down the pipe in 1636 was hat a subject for distinct and sepa.
rate description; or that the Valk., shotild hot have beau distiuttly
told that there was 9 CoMmtnitiation between the buildingS. That
!bas net none, her Was any entry made, not description given bf
the pipe, although the entry in 1840 had every 000' pipe carefully
described: It was the Only branch ()Witted. Could it be supposed
that the Ace and acute.minded persons who conducted
't!lla business thought it was only necessary to state ho* the
talse went through the premises without saying Where it went to ?
But the Court were all of opinion that the defendant was bound to
describe the pipe connected With the rectifyeins houses whith he
",hot, leniente produced a palpable sensation
ill the 'crowded Court) His Lordship then read in detail the evi-
, 'deuce relating to the Increase bf the " driPi!) ,froM 191ith it al5-
Waked that, lit thb tqee 'years intervening between the twei eal-
Minations of the " drip," Mr. George Smith was liable to 3,0001.
a.year more duty than he was charged with, as the difference of
one.tenth of an inch gave fotdi btihdrgii '01164 .14 a
fortnights or tight thokissaii`d kvik'on when the drip
vcts rateeki *jib to th 44, it was found that there was ab increase
hf another tenth, which gave an increase of sip* thousand gal-
lona in tbe year, roalpug Mr. Smith liable to 8,003. a year Mote
than he paid. The caeti's Colisidering in their own minds that,
inoAvithint!idti this large excess of production, no excess, in all
this period, was found in the stock, tie! pt„ the Coin-
paratively small amount of tWetity-bight gaiions, which
were seized at one tits.; tame to the conclusion that
there must be tome means of getting the acne tO the rectifying
house. This induced them to adopt,thesysteed ivatthihg; through
the evidence respecting which tits Voirdshin went minutely, dwell.
ing upon the manner in which the officers bad their suspicions of a
communication by
pipes aroused, namely, by observing the drip-
ping of water into the still-head. He remarked upon tht
indirect answers said by the witnesses to have been given
by Mr. James Smith, and afterwards by Mr. George
Smith, when each was/first asked about it ; then detailing
the experiment made by the officers, he put it to the jury whether
that was not conclusive that spirits " could" be conveyed by the
pipe from one building to the other. As to the statement that
the water in the dwelling-house, stables, and officers' room was for
several days tainted with spirits, taken for the purpose of showing
that the pipes could not be habitually used for passing spirits,
the jury would recollect that it in the experiment of the
officersall ll' f' • '
, Smell` o spirits were removed in a few minutes
from the principal ceurs,, by such a flow of water es WAS

then under their command. It was easy to understand that
a quantity of spirit would remain under these circumstances in the
branches ; and that the quantity of water which might have passed
through the whose system of pipes, throughout all its branches,
flowing with the velocity of a 30 foot pressure—equal to a whole
atmosphere—besides the pressure of the immense body of water in
the tank, would in a short time entirely clear away every particle
of smell. That, therefore, would not be so great an obstacle to the
use of this " way, means, or communication," for the conveying of
" spirits, worts, or wash." His Lordship then went carefully
through the evidence of the officers from the tune of their first
discoveries and differences with Mr. George Smith to the seizure of
the premises in November last.
(The Learned Judge had not concluded his summing up when
our report left.)