The Sun.
London, England, 1845-05-03 00:00:00

THE SUN, LONDON, SATURDAY MORNING, MAY 3, 145

13, Great Marlborough-street.
THE HISTORY OF _ _

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 dotble allowance of loco-motives whirled
him down to Southampton, where au " all-compel-
ling" steamer settled the business of his retransfer
to the island of large pears and litigious 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-
ing state of the local law of Jersey and its relations to
the law of England be such as to admit of no present
remedy, or an appeal from a grievance like that which
Mr. 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 propose to follow the
example of Mr. Wu,soN of settling in Jersey. It is the
very obvious one of changing their purpose, and . shun-
ning such a residecce. 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.
WILSON'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 inch-
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-
forced, for consolidating and assimilating the laws rela-
j tire to the local jurisdictions, according to the spirit—as
far as may be practicable— of the laws of England. At
present tbeso 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 thee.
"Incidit in Scyllam, qui vult evitare Charybdin."

LAW INTELLIGENCE.

MAR GAR E T C H POLE,
A SUFFOLK GIRL.
A NEW and CHEAPER EDITION of this interesting work,
edited by the Rev. R. COBBOLD, of Wortham, Suffolk, IS NOW
READY, in 2 vols., with Illustrations, price only 12s. bound,
Henry Colburn, Publisher, 13, Great Marlborough-street.

COURT OF EXCHEQUER, Mau 2.

TRIAL AT BAR.-THE GREAT DISTILLERY CASE.

THE ATTORNEY• GENERAL V. GEORGE SMITH.

THE SUMMING UP BY THE CHIEF BARON.

At 10 o'clock the Court was crowded in 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 ever,
The Loan 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 ♦erdict 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 h ,wever, to its general history as they had it
it In evidence. The Learned Judge then proceeded to explein the
process of distillation as carried on upon the premises ; the law as
passed in 1817 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 mile from rectifying-houses, so as
to prevent the surreptitious conveyance of spirits from one 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 makes 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,
means, 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 eng iged in these important matters being drawn to its pro-
visions. Whatever took place in 1817—if anything tools 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 law would escape
the attention of those against whom it was directed. But
whether or not is Dow, to us, in this inquiry, unimportant.
it became law in 1825, and the question before them was, whether
it had been broken or not—or, in other words, whether the two oc-
cupations of distiller on one premises, and of rectifier on another,
carried o►► respectively on those premises, being situated within the
distance of a quarter of a mile, and there being " any way, means,
or communication," by which spirits or wash could be conveyed
from one to the other. It appeared that no change took place in
the respective premises of the Messrs. Smith Nor did any thing
appear to have been done until 1836, and then alterations were
made in the western part of the premises. An open trench was
made between the two premises. It was made in the face of open
day. No part of the ground on the premises was taken up. There
was no digging but on the highway. His Lordship then
read the evidence of the officers Kirby and Jacques,
who saw the opening made, and who said that they
had no idea that it was intended fur a water-pipe to
communicate between the two premises. In 1838 Jacques
had his attention brought to it, but he die not think
about it, or he would have communicated the matter to his
superior, Phillips. Long before that, the pipe which the jury saw
on the model before them crossed the road, arid furnished water to
the building on the other side, that is the granary, or spout rouse
No. 2, connected with the distillery. Then it had a branch turn.
ing to the left, and supplying water to the stable. That pipe
when put down could not be cut off by any stop.cock at that time.
But in 1838, at which time, according to the evidence, the whole
of the communication was pulled down, and the out-premises re.
built, a stop-cock was put to the pipe, at the suggestion of
the turecock of the East London Water Company ; and, as was
shown by the surveyor of the Company the cock
and pipes were furnished by the Company. When this
was done any one walking through the street could see it,
and would suppose that it was a cock under the control of Mr.
Smith. His Lordship then referred to the several entries made
from time to time by Mr. George Smith, according to successive
Acts of Parliament; and in those entries the branches to the
dwelling.house and, stables are mentioned, but the branch to the
rectifying-house was not mentioned. He was disposed to agree
with the Counsel for the defendant, that if the latter branch had
been mentioned in the entry—althcugh even then the law would
be broken—there would be an appeal to the Crown, which could
scarcely be made in vain. For, if that had been stated, and no
step taken by the Excise authorities to prevent its continuance,
there would be good ground for an application to stay these pro.
ccedings, on the ground that the defendant had given a fair de-
scription—had complied with the law—and had given every re.
glared 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 1817, and a more stringent law in 1825, he could not see a suf-
ficient reason for supposing, on the part of the defendant, that lay-
ing down the pipe in 1836 was not a subject for distinct and sepa.
rate description; or that the Excise should not have been distinctly
told that there was a communication between the buildings. That
was not done, nor was any entry made, nor description given of
the pipe, although the entry in 1840 bad every other pipe carefully
described. It was the only branch omitted. Could it be supposed
that the active and acute-minded persons who conducted
this business thought it was only necessary to state how the
pipe 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 as connected with the rectifying house, which he
did not. (This emphatic sentence produced a palpable sensation
in the crowded Court.) His Lordship then read in detail the evi.
dence relating to the Increase of the " drip," from which it ap-
peared that in the three years intervening between the two exa-
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 four hundred gallons in a
fortnight, or eight thousand gallons in a year. But when the drip
was taken again in 1844, it was found that there was an increase
of another tenth, which gave an increase of sixteen thousand gal.
lons in the year, making Mr. Smith liable to 6,0001. a year more
than he paid. The officers considering in their own minds that,
notwithstanding this large excess of production, no excess, in all
this period, was found in the stock, except the corn.
paratively small amount of twenty-eight gallons, which
were seized at one time, came to the conclusion that
there must be some means of getting the excess to the rectifying

The Madrid Gezette, of the 24th ult., contains a royal
decree granting an amnesty to all individuals implicated
in the revolt of Alicaat and Carthagena in January and
February, 1814, 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, the amend-
ment was negatived by a majority of 78 to 37.
MADRID BOURSE, APRIL 24.—Three :per Cents., for
Account, 35 11-16 ; Five per Cents., for Account, 25g.

In the French Chamber of Deputies, on the supple-
mentary credits being brought forward, a brief discus-
sion took place on the vote of 44,0001., including inte-
rest, in payment of indemnities claimed by English
merchants, who in 1835 had been subjected to losses in
consequer.ce of the blockade of Senegal by the French.
One of the Members (M. LASTEYBIE) 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, had frequently declared the coasts
of the Gambia in a state of blockade, but no indemnity
had ever-been claimed by French shipowners for the
losses they had thereby sustained. By the treaty of
September 4, 1783, England had ceded to France the
river of Senegal with its dependencies, but France had
never recognised the sovereignty of England on the
Gambia, and as a proof of this he would remark that a
French steamer, the Gallibi, on board of which was the
Piince DE JOINVILLE 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 conduct of the French vessel had been designated as
improper. On the 24th of March, 1842, the Minister of
Foreign Affairs, in a dispatch addressed to Lord ABZR-
DEER, admitted that the complaints of England were
well founded, and that the commander of the vessel had
been blamed. This he considered was a fresh proof of
the weakness of the Government with regard to England,
and an abandonment of the legitimate pretensions which
France bad so long maintained against the sovereignty
( f England in the Gambia. M. DUCHATEL, the
Minister of the Interior, replied that an indemnity of
more than 2,000,000 f. had been demanded by the
English merchants, but only 41,000 f. awarded. All
the rights of French sovereignty over Albreda
had been recognised, though England asserted
that French vessels were bound to recognise
her rights when passing before St. ,ary. Several 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 ; 3,906,9961.
for the pay, food, and clothing of troops ; and 240,000 f.
for electric telegraphs. M. ABAGO took the opportunity
of stating that next Sunday the electric communication
would be completely established between Paris and
Rouen. It had been at first doubted whether the cur-
rent could be transmitted from Paris to Lyons ; but at
present no doubt whatever existed that it would be so,
without .
He then entered into
ht that
of city,
against the intro-
duction a
ni
verytd to
fhuuet the
slightest
full
improvements
detailsli o
ft
thet w
dei
which
ihy
were
gradually introduced.
The following are extracts from the papers
A meeting of the principal silk manufacturers of Lyons
tooket
yp
, to consider the pro- I
of Chinese silks into France. The petition was ac-
cordingly drawn up, and has just arrived at Paris, bearing
pI
oa
fc
petitioning eat i fewion
idnagy
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 tables, showing
3.i i
to 40 per cent. difference in favour of the Chinese in all
the markets where the silk goods of the two 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 :-6, We have received a letter from Ota-
heite, which does not exactlyletter agree with the account from
Havre. According to our , Admiral Hammelin had
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. Our 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, not 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 Constitutionnel 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 fur the last 18 months. By his firm conduct and
ability he succeeded, in the presence of an English force su-
perior 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.
He was particularly charged with the maintenance of order
and the administration of justice, and no man was better
qualified for that double office. His departure is a real loss
for the colony."
The New Zurich Gazette of the 28th 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
prisoners; 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 Voreign 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."
THE BOURSE--WEDNESDAY. APRIL 30.
First lll‘lbst Lowest Last
Price. price. Price. Price
French Five per Cents. 119 .. 119 25 .. 119 .. 119 25
Three per Cents—. 85 60 .• 85 65 .• 85 60 .. 85 65
Goitin Bank. I,ooof Shares • .1105 ..1105 .. 1105 ..1105
Belgian Bank • 630 .. 630 625 .. 625
Belgian Fives, 1840 113 .. 103 ' • 103% .. 103%
1842........ 105% .. 105% 105% .. 105%
Spanish Active 40 .. 40 .. 40 .. 40
Threes...
Portuguese Five per Cents 67 • • 67 .. 67 .. 67
Roman .

house. This induced them to adopt the system of watching, through
the evidence respecting which his Lordship went minutely, dwell-
ing upon the manner in which the officers had their suspicions of a
communication by pipes aroused, namely, by observing the drip-
ping of water into the still-head. He remarked upon the
indirect answers said by the witnesses to have been given
by Mr. James Smith, and afterwards by Mr. George
Smith, when each wasgfirst 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 rcollect that it in the experiment of the
officers, all smell of spirits were removed in a few minutes
from the principal course, by such a flow of water as was
then under their command. It was easy to understand that
a quantity of spirit would remain under these circum.L.nces in the
branches; and that the quantity of water which might Live passed
through the whole 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 time of their first
discoveries and differences with Mr. George Smith to the seizure of
the premises in November last. . .

The Learned Judge commented at considerable length on the
evidence of the different witnesses. He then went on to say that
the question for the jury was not whether a single drop of spirits
had been transmitted from the distillery to the rectifying-house,
but whether there was an opening through which spirits might
have been conveyed to the other premises, and un-
doubtedly it had been admitted on both sides that
the officers of Excise had tried the experiment to show that
spirits could be passed. That was the point in law, and if they
were satisfied that such a communication exited, so that spirits
would arrive at the rectifying-house in a condition to be used as
spirits, then the Court was decidedly of opinion that they must find
a verdict for the Crown.
The Learned Solicitor-General had laid some stress upon the
fact Gill had not been called, he having been present at most of
the conversations between Mr. G. Smith and the officers, and
having had the whole management of the distillery.
.But it was

_ .
not fair for him (the Chief Baron) to say that there might be
good reasons for not calling a witness in the position of Gill. He
might have committed himself at some time, either
through inadvertence, or possibly in a state of
inebriety have said something upon which he might be
cross.examined. Yet it was matter which the jury might consider,
why there had been no ore whatever called from the distillery who
could speak to the fact that spirits wash, or worts, had not been
passed by means of the pipe in question, and that there had been
called only two persons from the rectifying-house, Mr. White-
head, who was- absent from the premises all night, that is,
during the only hours in which such use would be made of the
pipe, if made at all ; and Mr. J. S Smith, who had sworn that no
spirit ever passed, and would probably have sworn that no worts
or wash had passed, if the question had been put to him. But,
after all, this did not bear upon the issue. It was only
important that the jury were satisfied there was sucn a
communication between the two premises that worts, &c. could in
the words of the Act, "be removed or conveyed " from the one
building to the other. According to the facts admitted upon both
sides, it appeared that in the presence of Mr. Smith, the officers passed
700 gallons of spirits through the pipe—merely on the principle of
the syphon—in less than half an hour, and the jury would consider
whether they might be able on another trial, with little
preparation or difficulty, pass, in a very, short time, any
quantity they pleased (having their choice of force
or pressure), and then, taking their time, run
sufficient quantities of water, not only through the principal pipe,
but through all the branches, so as to remove every, the slightest
smell or trace of spirit. If the jury from that evidence believed
that the communication was such as that spirits could be removed
without such deterioration as to render it useless, they
would find for the Crown. If, on the other hand, they
disbelieved, or doubted the evidence of facts admitted
on both sides, they would find for the defendant.
If they found a verdict for the Crown, it was not for the Court or
for the jury to say whether any reduction should be made In the
amount of the penalties incurred. That would be a question for
quite another tribunal.
The Foreman then requested his Lordship to inform the jury
what were the exact wards of the issue which they were to try.
The Loan Casa BARON inquired of the Solicitor.. General whether
he would elect to take a verdict on the second count, and re-
ceiving an answer in the affirmative, the Learned Judge read to
to the jury the second count, which charges the occupying and using
as a distillery a house or houses within a quarter of a mile of a
rectifying.house, there being between the two such a " way, open-
ing, or communication of removing or conveying spirits, &c., except
by cart, carriage, or waggon, through an open street or road."
The jury then retired at four o'clock, when
Mr. KELLY said, that if the jury found upon any one count the
defendant would claim a verdict upon all the rest.
The CHIEF BARON—lndeed you will not, Mr. Kelly. The Soli.
Citor.General can enter a none prosequi upon all the other counts,
or he may now withdraw the record.
MR. KELLY—If the Solicitor-General chose to enter a nolle pro-
sequi, he must do it now, before the verdict is returned, otherwise
I shalt be entitled to a verdict on the remaining counts.
Mr. MARTIN said the plea was not guilty upon all the counts.
The verdict of guilty upon one count was an acquittal upon the
rest, and we have a right to have the verdict entered AO.

LSRRtrviooilizneenlibour.:g
r.
g.
t.or Itto.o4.s{Ev ;34: le.
re.•ll e* ... ... .
:8:6005
1208:5000
RAILWAY SHARES.
St. Germain 1040 -.1040 .. 1040 • • 1040
Versailles, R. 8....... .
322 50 . 322 50 .. 322 40 322 50
.1057 60 • 1057 60 —lO6O —1063
Orleans
1000 :2010890g •
...1921678500
25
.....1221679055
25
Bordeaux to Testa •••••• 210 .. 210 205 205
Orleans to Vierzon
RAILWAYS FOR TIIE ACCOUNT, MAT 3
St. Germain • 1043 ..1040 —lO4O ••1040
Versailles, R. 8.,...„ 515 .. 520 512 50 .. 520
324 .. 325 •• 317 50 325
110155 ....118)657° 50
bßouen
Rouen to Havre. . 862 50 •• 895 •• 842 50 .• 852 50
Orleans „
.. 267 50 .. 277 50
1180 ..1192 50 —1175 ••1102 50
Stras
Avignon to Marseilles— .• ••1000 1000 •• 987 50 ..1000
Paris to Sceaux

METROPOLITAN IMPROVEMENTS. Monmouth-
street, named after the unfortunate son of Charles the Second, so
well known from its being the residence of the purveyurs of second-
hand habiliments, has had its lame changed to Dudley-street.
Petticoat lane, at the East-end, has in a similar way been trans.
(erred to the more euphonious sound of ALiddlesex-street,