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

Mr. GURNEY objected that Mr. Fowke was in no different posi-

tion to any other landowner, and was entitled to no especial pro-
tection. There was already a dispute about the rights of irrigation,
and the rights claimed by him of forming the works under his own
engineer were unreasonable. The Railway Clauses Consolidation
Act had already met the difficulty by providing that when any
dispute arose about drains it should be decided by two neighbour.
ing justices. With respect to the drainage, the Company were
willing to give as good drainage as that now possessed.
After considerable discussion between the Counsel, a clause was
adopted to secure a sufficient drainage for the estate.
Mr. WHATELEY then sought a clause for the purpose of com-
pelling the Company to make drains after five years, the time
allowed for the formation of the railway; but there being consi.
derable difference of opinion,
The CHAIRMAN suggested that the Counsel should prepare a
clause, and submit it for the decision of the Committee at the
next meeting.
A Gentleman intimated that he appeared on behalf of the Paving
Commissioners of the borough of Reading for the preservation of
certain footways, the discussion of which was deferred.

The Committee then adjourned the consideration of the Berks
and Hants Railway till Thursday, and the Chairman intimated that
they would take the Wilts and Somerset Bill to-morrow.

SCOTTISH CENTRAL RAILWAY.
Group DD.

The adjourned Committee met this morning at twelve, and shortly
afterwards proceeded with the further consideration of the im-
portant schemes comprised in this group. Mr. Parker in the chair.
Some preliminary business, not of public interest, having been
transacted, the examination of witnesses was proceeded with.
Mr. CocKRURN called Mr. Mitchell, engineer, as the first wit-
ness. He atated he haol been engaged for upwards of six months,
with twenty-two assistants, taking an account of the traffic. The
number of passengers who travelled at present by the road,
in gigs, carriages, &c., amounted to nearly five hundred
thousand ; from these it was expected to realise an income
of 27,5471. 175. Ad., which, being doubled according to
Parliamentary usage on railway matters, would yield a total of
55,0951. 15s. 4d. The average rate per mile at which each pas-
senger would be conveyed was calculated at lid. The income
expected to be realised from the conveyance of general
goods amounted to about 18,000/. ; coals would realise
an income of nearly 9,0001.; lime, 1,51141. ; cattle, 5,5001., and
mails and parcels, taken altogether, would give a further result of
5,0001. The total income arising from all these items, and the
conveyance of passengers, would amount in round numbers to
nearly 94,9001. The country through which it was proposed
to carry the line abounded in mineral waters, and
was celebrated for its beautiful scenery, and during
the summer time was a great resort for invalids and
others wishing the benefit of a change of air. It was calculated the
number of passengers by the railway during the fine months of the
year would be nearly doubled.
Mr. Geddes, managing partner of a coal mine near Stirling, was
then called and examined upon the item of coals, but his evidence
was only of local importance and corroboratory of what had been
previously stated.
Mr. CRAWFORD, who appeared to support a petition against
the preamble of the proposed line, on behalf of several land pro-
prietors and road trustees, was about to cross.examine the last wit-
ness, when he was interrupted by
Mr. CoceßuaN, who contended that the road trustees and others,
whose names were appended to the petition had no right to be
heard before the Committee in their individual capacity, as land
owners, but only in the aggregate in their official character of
trustees. Many of the noblemen and gentlemen who had signed
the petition were, in fact, extensive shareholders, and even directors
in the very line they now sought to oppose. Lord Abercrombie
was a director of the Company, and yet his name appeared the first
on the opposing petition. It would also be recollected that a Bill
had been passed during the present session having special refer.
cues to Scottish railways, in which several clauses having regard
to compensation for turnpike-roads, had been introduced. On
these grounds he maintained that the petitioners ceuld have no
" locus standi" before the Committee. The object of the individuals
who had signed the petition, was to endeavour to drive the pro-
moters of the line into a co npromise, at the expense of time and
money, and he therefore trusted the Committee would not allow
his Learned Friend to proceed in his opposition.
Mr. CRAWFORD having replied in general terms,
The CHAIRMAN said the Committee were clearly of opinion that
they could not entertain the petition, which had been signed by
several noblemen and gentlemen, except in their aggregate capacity
as trustees of the roads; and as it appeared no petition of that
nature had been presented, the Committee considered that Mr.
Crawford was not competent to be heard in opposition to the
preamble.

The cross-examination of Mr. Geddes was then proceeded with by
Sir THOMAS PHILLIPS, who appeared to oppose the Bill on
behalf of the Edidburgh and Glasgow Railway, with a branch
to Sterling, and the Dumfries and Carlisle Branch ; but nothing
of public invarest was elicited.

This witness was also subjected to cross.examination by Mr.
Tytler and Mr. Hope, but the result was precisely similar to the
statements that have already appeared in Mr. Mitchell's exami.
nation.

Mr. Cameron, carrier, was then called and examined by Mr.
HOPE, in proof of the estimates of the goods and traffic expected
along the line. He said he could confirm Mr. Mitchell's evidence
in every particular; but in his statements he had omitted to men-
tion a good deal of traffic in first-class goods, which, though it was
not conveyed at present along the direct road, would, in his opi.
nion, almost certainly be carried by the railway if it were made.
Mr. M`Neil, Mr. Clark, Mr. Crawford, and Mr. Hope, generally
cross.examined the last witness, whose evidence merely tended to
corroborate the statements of previous witnesses.
Mr. TALan then called Mr. Wallace, coaei proprietor and
builder, of Perth. He considered that Mr. Mitchell's tables with
regard to the traffic along the proposed line were not exonerated,
but had been calculated on fair and sound principles. He had
heard them read in evidence, and was satisfied they were correct.
Mr. CLARK cross-examined this witness at some length on
behalf of the inhabitants of Perth, as to the eligibility cf erect-
ing a station on the South Inch. In his epinian, there was no ob.
jection to the station being removed to some other spot, if one
equally convenient could be found. The close approximation of
the river to the proposed station rendered it particularly suitable for
the purposes of the railway.
Mr. Thorns, banker, was examined by Mr. TALBOT as to the
present means for the transmission of goods from Dundee to
Perth, Stirling, and eventually to Liverpool. He considered
that a continuous communication between those places would be
highly advantageous, even at the sacrifice of a moderate extra
charge for conveyance; and was further decidedly of opinion that
the establishment of a line of railway, inasmuch as it would faci-
litate the conveyance of traffic., and would tend in a considerable
degree to increase the trade and commercial enterprise of Dumfries
and the surrounding towns.
This witness was cross-examined at some length, but the main
features of his evidence were not al'ered.
Mr. Nelson, fiesher, at Glasgow, was examined as to the traffic
in cattle. He considered that the traffic, as represented in Mr.
Mitchell's tables, had been greatly understated, and a railway
would convey cattle in better condition, and at less expense, than
any of the present modes of transmission.
At the close of the proceedings, Mr. lIILDYARD made an applica-
tion to the Committee to know if they could give him some intima-
tion of the course they intended to pursue with regard to the order
in which they would take the Bills before them. There were nume.
rous witnesses now in town who were living at great expense, and
it would be a great relief to the several companies if they could be

dismissed as speedily as possible.
The CHAIRMAN said that the Bills would be taken in the order
in which they were at present arrange.l. Any future alteration,
that might suggest itself to the Committee would not be entertained
until after the expiration of the Whitson holidays, during which
period the Committee would not sit.
A messenger then announced that the Speaker was at prayers,
when the Committee was adjourned till twelve tomorrow.

(Sub_Cemmittee, No. 3.)
This Committee, consisting of Mr. Aglionby (Chairman), Mr.
Thornely, Mr. Stanfield, Captain Jones, and two other lion. Mem-
bers, met this day at twelve o'clock, in Room No. 7.
The Commit' ee were occupied for some time in arranging the
order in which they were to take the following Bills
The Harwich Eastern Counties Junction Railway (No. 2), the
Bermondsey Improvement (No. 2), the Eastern Union and Har-
wich Railway and Pier (No. 2), and the Manchester Court of
Record (No. 2).
The CHAIRMAN informed the agents that the Committee would
first take the Manchester Court of Record Bill, and then the Ber.
mondsey Improvement Bill, after which the Railway Bills would
come on.

HARWICH AND EASTERN COUNTIES RAILWAY (No.
The parties in this casehaving been called,
Mr. HAYWARD, for the opponents, said he had to request that
the inquiry should be adjourned to Friday, as the nature of the
petitions for which he had the honour to appear contained a large
number of allegations, which it would be much better to have opened
at AA earlier hour of the day, it being then near three o'clock.

WELLS AND DEREHAM RAILWAY.
The standing orders in this case arc not to be dispensed with.-
13111 thrown out for this session.
DUBLIN AND GALWAY RAILWAY.

The standing orders not to be dispensed with, and Bill thrown
out for this session.

BILLS PASSED-STANDING ORDERS.
LONDONDERRY AND ENNISKILLEN RAILWAY.

The Committee decided that in this case the standing orders
would be dispensed with. Bill to be reported, and go into Com-
mittee.

TOTTENHAM AND FARRINGDON-STREET EXTENSION

RAILWAY.
The standing orders to be dispensed with. The Bill to be allowed
to proceed.

LONDONDERRY AND COLERAINE RAILWAY.

The standing orders in this case are also to be dispensed with, and
the Committee will report, after which it will be committed as a
Bill before a Committee.

It is expected that an appeal on behalf of the cases thrown out
will be made to the House; but those best acquainted with such a
proceeding are not over sanguine as to the result.

ATMOSPHERIC RAILWAYS.

The following is the report (issued on Monday by order of
the House of Commons), from the Select Committee ap-
rointed (March 14) to inquire into the merits of the atmos-
pheric system of railway :

Your Committee have given their best attention to this interest•
ing subject. Adverting to the great number of Railway Bills now
in progress, they consider that one of the most practical results of
this inquiry would,be lost if their report were delayed until after
these Bills had passed through Committee and a decision had al-
ready been made on their comparative merits.
Your Committee have endeavoured, therefore, to present to the
House, with as little delay as is consistent with the due discharge
of their duty, the evidence which they have taken, and the opi.
nions to which they have come, and they trust that their labour
may not prove altogether useless to the Committees that have to
decide on the particular railway schemes now pending.
The House are aware that a railway on the atmospheric prin-
ciple is already in operation between Kingstown and Dalkey in
Ireland.

The first object of your Committee was to make a fun inquiry
into the result of this experiment. From Mr. Gibbons, Mr. Bergin,
and Mr. Vignoles, gentlemen officially connected with the Kings-
town and Dublin and Kingstown and Dalkey Railways, they re-
ceived the fullest and frankest evidence on all the points connected
with their management. Your Committee had also the advantage
of the opinion of Dr. Robinson, of Armagh, whose scientific know_
ledge and acquirements render his testimony particularly valuable
on the theoretical merits of such an invention.

From this evidence, and from that of Mr. Samuda, it appears
that the Dalkey line has been open for nineteen months, that it
has worked with regularity and safety throughout all the •icissi-
tudes of temperature, and that the few interruptions which have
occurred have arisen rather from the inexperience of the attend-
ants, than from any material defect of the system.
_ .

. -
Your Committee find, moreover, that high velocities have been
attained with proportional loads on an incline averaging 1 in 115,
within a course in which the power is applied only during one mile
and an eighth.

These results have been displayed under circumstances which
afford no fair criterion of what may be expected elsewhere; for, in
addition to the curves on the line, which would hare been consi-
dered objectionable, if not impracticable, for locomotive engines,
there are alleged to exist defects in the machinery and apparatus,
occasioned partly by the difficulties of the situation, partly by mis-
takes inseparable (torn a first attempt, which very seriously detract
from the efficiency of the power employed, for the remedy of which
provision has been made in the experiments now in progress.
These are important facts. They establish the mechanical
efficiency of the atmospheric power to convey with regularity,
speed, and security tie traffic upon one section of pipe between
two termini ; and your Committee have since been satisfied, by the
evidence of Messrs. Brunel, Cubitt, and Vignoles, that there is no
mechanical difficulty which will oppose the working of the same
system upon a line of any length. They are further confirmed
in this opinion by the conduct of the Dalkey and Kingstown Dire,
tors, who have at this moment before Parliament a proposition to
extend their atmospheric line to Bray.

In addition to the witnesses already mentioned, your Committee
have had the advantage of hearing the objections urged by Messrs.
Nicholson, Stephenson, and Locke against the adoption of the
atmospheric principle, and the grounds of their preference for the
locomotive now in use.

Your Committee must refer the House to the valuable evidence
given by these gentlemen. It will be seen that great difference of
opinion exists between them and the other witnesses to whom
your Committee have before referred, both in their estimation of
what has already been effected, and in their calculations of future
improvement.

But, without entering upon all the controverted points, your
Committee have no hesitation in stating, that a single atmospheric
line is superior to a double locomotive line, both in regularity and
safety, inasmuch as it makes collisions impossible, except at crossing
places, and excludes all the danger and irregularity arising from
casualties to engines or their tenders. Now, the importance of
these considerations will be best estimated by a reference to the
return of accidents for fifteen months appended to this report. It

will be seen that there have been during that period fourteen col-
lisions upon the road, and thirteen accidents to engines, which
would altogether have been avoided on the atmospheric system, and
that these casualties entailed the loss of eleven lives, as well as the
serious injury of forty-five persons. From the other twenty acci-
dents, common to both systems, resulted only four deaths, and two
persons injured. There is certainly one case in which tie engine
passed uninjured over cattle lying upon the road, together with its
entire train ; but then against this security derived from the advan-
tage of weight in surmounting obstacles, must be set the great
danger to which the engine.driver and stoker are exposed, standing
as they do upon an open platform.

Your Committee desire also to bring to the attention of the
House a peculiarity of the atmospheric system which has been ad-
duce-1 by the objectors to prove how unsuited it must be profitably
to carry on a small and irregular traffic ; namely, that the greatest
proportion of the expenses of haulage on the atmospheric prin-
ciple are constant, and cannot be materially reduced, however
small the amount of traffic may be. This is, ni doubt, a serious
objection to the economy of the atmospheric system under the cir-
cumstances above alluded to. But, on the other hand, as the ex-
penses do not increase in proportion to the frequency of the trains
it is to the interest of companies adopting the atmospheric principle
to increase the amount of their traffic by running frequent light
trains, at low rates of fare ; by which the convenience of the

public must be greatly promoted. Upon an atmospheric railway
the moving power is most economically applied by dividing the
weight to be carried into a considerable number of light trains.
By lecomotive engines, on the contrary, the power is most conve.
niently applied by concentrating the traffic in a smaller number of
heavier trains. The rate of speed at which trains of moderate
weight can be conveyed on an atmospheric line makes compara-
tively little difference in the cost of conveyance, while the cost of
moving trains by locomotive engines increases rapidly with the
speed.

Now, when it is considered that we surrender to great monopo-
lies the regulation of all the arteries of communication throughout
the kingdom, that it depends in a great measure upon their ♦iew
of their interest when we shall travel, at what speed we shall travel,
and what we shall pay, it ber.omes a material consideration, in
balancing the advantages insured to the public by rival systems, to
estimate not so much what thay respectively can do, but whitt, in
the pursuit of their own emolument, they will do.

The main objections of the opponents of the atmospheric system
seem to rest, lit, on the supposed increased expense of the atmos-
pheric apparatus over and above the saving made in the construc-
tion of the road ; 2d, on the inconvenience and irregularity at.
tending upon a single line. With reference to the last point, your
Committee felt it their duty to direct their first attention to the
question of security, and they have already stated that there is
more security in a single atmospheric line than in a double loco•
motive. They may further observe, that they find the majority of
the engineers who have been examined are decidedly of •pinion
that any ordinary traffic might be carried on with regularity and
convenience by a single atmospheric line.
Mr. Brunel has proposed to double tt.e line in those places where
trains are intended to meet ; and he has further shown that in a
hilly country, with long planes of sufficient inclination to allow of
the descent of trains by the unaided power of gravity, it might be
possible to effect this object without the expense of the tube.
With respect to expense, and to some other contested points,
your Committee do not feel themselves competent to report a de-
cided opinion. It would scarcely be possible at the present time
to institute a fair comparison of a system which has had fifteen
years of growth and development, with another which is as yet
in its infancy. That comparison would, after all, be very uncer.
tain ; it must depend much on details of which we are ignorant,
much on scientific knowledge which we do not possess,
There are, however, questions of practical importance, having
reference to the present state of the railway Bills before the House,
to which your Committee consider themselves bound to advert.

There is a doubt raised in the reports of the Board of Trade,
whether the atmospheric system has been sufficiently tested to
justify the preference of a line which can only be worked on the
atmospheric system, or which presents gradients less favourable
than a competing line for the use of the locomotive engine.
If it were practicable to suspend all railway legislation until the
result of the Devon and Cornwall, and of the Epsom and Croydon
atmospheric lines were known, it would be perhaps the most cau-
tious and prudent course to wait that result; but such a course,
independent of all considerations of expediency, is evidently im.
practicable. Your Committee venture therefore to express their
opinion to the House, that in deciding between competing lines of
railway, those which have been set out to suit the atmospheric
principle ought not to be considered as open to valid objections
merely on account of their having gradients too severe for the
locomotive, nor should they be tested in comparison with other
lines solely by the degree of their suitableness to the use of the
locomotive. .

No doubt, in matters like these, experience alone can decide
the ultimate result, but your Committee think that there is ample
evidence which would justify the adoption of an atmospheric line
at the present time. All the witnesses they have examined concur
in its mechanical success. Mr. Bidder says, " I consider the me-
chanical problem as solved, whether the atmosphere could be made
an efficient ti active agent. There can be no question about that ;
and the apparatus worked, as far as I observed it, very well. The
preab
Whilefer leCommittee
only question in my mind was as to the commercial application of
it." Mr. Stephenson admits that under certain circumstances of
favour ofyour general
gradients (1315), and under certain circumstances of traffic with-
out reference to gradients (12e4), the atmospheric system would be
meritsh aovfe
the t hus
atmospheric expressed opinionaprsitnrcoinpgle,
that experience can alone determine under what circumstances
the t
ey feel
that
e in
l
of traffic or of country
inves.April 22, 1645, the
preference to either system should be

• ~--.J ~. .~ .u...

TUESDAY NIGHT'S GAZETTE.
WHITEHALL, ArraL 26, 1845.
The Queen has been pleased to direct letters patent to be
passed under the Great Seal of the United Kingdom of Great
Britain and Ireland, constituting and appointing the Right
Honourable Sir Robert Peel, Bart.; the Right Honourable
Henry Goulburn ; James Shines Gaskell, Esq.; Henry
Bingham Baring, Esq.; Arthur Lennox, Esq. (commonly
called Lord Arthur Lennox); and William Forbes Macken-
zie, Esq. ; to be Commissioners for executing the offices of
Treasurer of the Exchequer of Great Britain and Lord High
Treasurer of Ireland.
DOWNING• STREET, APRIL 29.
The Queen has been pleased to appoint William Humph-
rye, aq. to be immigration Agent General for the colony of
British Guiana.
OFFICE OF LORD CHAMBERLAIN TO THE QUEEN
DOWAGER, MARLBOROUGH-HOUSE, APRIL 28.
The Queen Dowager has been pleased to appoint Com-
mander Sir William Hoste, Bart., to be one of her Majesty's
Gentleman Ushers Quarterly Waiter.
CROWN OFFICE, APRIL 28.
MEMBERS RETURNED TO SERVE IN THIS PRESENT
PARLIAMENT.
County of Kent, Western Division—Thomas Austen, of
Kippingion, in the county of Kent, Esq., in the room of the
Honourable Charles Marsham, commonly called Viscount
Marsham, now Earl of Romney, called up to the Hou,,,e of
Peers.
Borough of Leominster—Henry Burkly, of No. 50, Eaton-
place, in the city of Westminster, Esq., in the room of Charles
Greenaway, Esq., who has accepted the office of Steward of
her Majesty's Chiltern Hundreds.
OFFICE OF ORDNANCE, APRIL 26.
Royal Regiment of Artillerv—Second Captain A. A. Shut-
tleworth to be Captain, vice Trevor, retired on full-pay ; First
Lieutenant G. C. Evelegh to be Captain, vice Shuttleworth ;
Second Lieutenant F. H. Chancellor to be First Lieutenant,
vice Evelegh, April 17.
Commission by the Lord Lieutenant of the North Riding of
Yorkshire.
G. Witham, Esq., to be Deputy Lieutenant, April 14.
Commission by the Lord Lieutenant of Gloucestershire.
Royal Gloucestershire Regiment of Yeomanry Cavalry—
W. J. Phelps, Gent., to be Cornet, vice Boevei,, promoted,
April 22.

DECLARATION OF INSOLVENCY.
John Feaviour, hotel keeper, Liverpool.
BANKRUPTS.

Anna Maria Johnson, innkeeper, West Smithfield, to sur-
render, May 6, at half-past one, and June 10, at twelve, at
the Court of Bankruptcy. Groom, official assignee, Abchurch-
lane, Lorr bard-street ; Smith, Barnard's Tnn, Holborn.
William Johnson, wine merchant, West Smithfield, May
6, at twelve, and June 6, at eleven, at the Court of Banl-
ruptcy. Turquand, official assignee, Old Jewry-chambers ;
Turner and Ilensman, Baying lane.

Joseph Cooke, brewer, Wein, Shropshire, May 5 and June
6, at eleven, at the Birmingham District Court. Whitmore,
official assignee, Birmingham ; Walmsley, Wern, Shropshire ;
Jones, Birmingham.
Thomas O'Rorke and William Birks, commission agents,
Manchester, May 10 and June 9, at twelve, at the Manchester
District Court. Stanway, official assignee, Manchester ;
Chilton and Acland, Chancery-lane, London ; Sleney, Bir-
mingham ; Foster, Manchester.
Martha Cheetham and William Cheetham, piece-dyers,
Manchester, May 9 and 29, at twelve, at the Manchester
District Court. Hobson, official assignee, Manchester; Gre-
gory, Faulkner, Gregory, and Bourdillon, Bedford-row, Lon-
don ; Chew, Manchester.
John Gregory, innkeeper, Weston, Sornersetshire, May 15,
at twelve, and June 10, at eleven, at the Bristol District
Court. Kvnaston, official assignee, and Gray, Bristol.
Robert Brideson, provision dealer, Preston, Lancashire,
May 13 and June 10, at twelve, at the Liverpool District
Court. Bird, official assignee, Liverpool ; Cornthwaite and
Co., Old Jewry, London ; l'emberton, Liverpool.
DIVIDENDS DECLARED.

R. Thompson, draper, Stroud, Kent—first div. of 9s. 4d. in
the pound, April 25, and any following*, Saturday, at the office
of Mr. Edwards, Frederick's-place, Old Jewry.
0. Snoulten, banker, Canterbury—first div. of 20s. in the
pound, April 25, and any following Saturday, at the office of
Mr. Edwards, Frederick's-place, Old .Jewry.
W. Oliver, printer, Darlington, Durham—first div. of 4s. 6d,
in the pound, any Saturday, at the office of Mr. Wakley,
Newcastle-upon-Tyne.
W. Lewis, pilot, Liverpool—first div. of Is. in the pound,
May 1, and any following Thursday, at the office of Mr.
Cazenove, Liverpool.
W. Cross, lead merchant, Chester—first div. of Is. in the
pound, May 1, and any following Thursday, at the office of
Mr. Cazenove, Liverpool.
T. ,Tohnson, C. Mann, and W. Johnson, bankers, Romford
—second div. of 2s. 6d. in the pound, April 30, and any fol-
lowing Wednesday, at the office of Mr. Follett, Basinghall-
street.

C. F. Warman, china dealer, Houndsditch—first div. of
6d. in the pound, any Wednesday, at the office of ➢lr.
Pennell, Basinghall-street.
W. Law, draper, Reading—second div. of 2s. 6(1. in the
pound, any Wednesday, at the office of Mr. Pennell, Basing-
hall-street.

DIVIDENDS.
At the Court of Bankruptcy, Basinghall-street.
C. Crook, livery stable keeper, George-yard, Long-acre,
May 23, at half- pact eleven—R. Dean, builder, Milner-place,
Lambeth, May 20, at one—T. Weston, plumber, Southamp-
ton, May 20, at twelve.

In the Country.
11. Nicholl, worsted spinner, Halifax, May 23, at eleven,
at the Leeds District Court—J. Cree, draper, Devonport,
May 23, at one, at the Exeter District Court—lL Murch,
sail cloth manufacturer, Norton-under-Hamdon, Somerset-
shire, May 23, at one, at the Exeter District Court—E. P.
Worth, victualler, Henley-in-Arden, Warwickshire, May 23,
at twelve, at the Birmingham District Court.
CERTIFICATES to be granted, unless cause be shown to
the contrary, on the day herein mentioned.
W. Butteril, grocer, Sheffield, May 22—W. Britton, manu-
facturer of linen cloth, Borrowby, Yorkshire, May 20—W. F.
Nicholson, worsted spinner, Halifax, May 20—W. Collinson,
shipwright, East Butterwick, Lincolnshire, May 20—J Ash-
barry, farmer. Holm Lacy, Herefordshire, May 22—J. Yarrad
grocer, Spalding, Lincolnshire, May 22—T. Lane, coal mer-
chant, Hereford, May 22—T. K. Gorbell, bookseller, Bedford-
place, Mile-end Old Town, May 22-12. Swansborough and
H. Oake, warehousemen, Bread-street, City, May 22—W.H.
Mills, wine merchant, Mark-lane, City, May 20—G. Hay-
wood, bricklayer, Luton, Bedfordshire, May 20—C. Burrage,
carcase butcher, Newgate-market, May 20—C. F. Warman,
China dealer, Houndsditch, May 20—W. Reeves, coach
builder, Walcot, Somersetshire, May 22—J. Haze!den, cotton
spinner, Bolton-le-Moors, May 20—C. Lewis, innkeeper,
Bath, May 20—R. Marshall, stone mason, Pleasant-row,
Deptford, May 20—M. Martin, upholsterer, Bristol, May 20
—T. Browning, innkeeper, Old Bailey, May 20—T. Rees,
brewer, Liverpool, May 20—F. Pratt, miller, Stoke-upon-
Trent, May 20—W. Broadbent, flour dealer, Denton, Lan-
cashire, May 20—F. Fothergill and J. M' Innes, lampblack
manufacturers,ScotswoodtNorthumberlandshire, May 20.

PARTNERSHIPS DISSOLVED.
W. Humber, jun., and J. Sanders, auctioneers, King's•
place, Commercial-road—G. L. Millard and R. Summers,
surgeons, Haverfordwest—M. Mead, and A. Lawrence, dress
makers, Shrewsbury—T. Beed and R. P. Harrison, curriers,
Honiton. Devonshire—T. Piper and G. Riddle, wheel manu-
facturers, Lamb-street, Spitaltields—G. Robertson and J.
Alexander, commisfion merchants, Liverpool—J. Walmsley,
jun., and J. Tayleur, coal merchants, Liverpool—C. Parsons
and F. S. Collins, solicitors,, Presteign—J. Campbell, C.
oP(itto.,pAwl laosrt:(iso far as regaurdns" ;VV..
Mactie, A. Woods, and G. Alston,, merchants, Liverpool (so
nlen—djr:pleirisll,lihester—
.paepnrdiz
R. M. Maddock and W. S. Stredder, builders, Birkenhead,
fl‘atiriillallsss,)—raegnjad. rßdosow.AAe.
Cheshire—E. W. Hunt and S. Hunt, lace dealers, Liverpool
—H. Jones and C. Taunton, bottle
merchants, Hatton-
garden—J. Denniston and J. Candlish, ship brokers, Sunder-
land—E.coopers,
Kelsey, W. Thornton, and A. Thornton, school-
mistresses, Reigate—W. Cartwr,gbt and J. Burland, brewers,
Ashton-in-Mackerfield, Lancashire—,
J. Ellison and W. T.
Sibley, tailors, Selby—T. Monk and W. Hodges, butchers,
Stockwell-green, Lambeth—G. H. Blake, C. Blake, and J. H.
Blake, cabinet makers, Stephen-street, Tottenham-court-road.
SCOTCH SEQUESTRATIONS.
Robert Walker and Sons, wool spinners, Dunblane, May 5
and 26, at twelve, at the office of the Sheriff-Clerk, Dunblane.
John M`Gillivary, road surveyor, Nairn, May 5 and 27, at
one, at Anderson's Hotel, -Nairn.
Alexander Pittendrigb, advocate, Aberdeen, May 2 and
June 4, at twelve, at the Lemon Tree Tavern, Aberdeen.
Aldridge, Brothers, ale merehants, Leith, May 5 and 30, at
one, at Stevenson's- rooms, Edinburgh.

QvEze, April 29.
HREEAT DISTILLERY CASE
TocapßleT:nlerdArot.hotLFvte.hOdoAreefkLfUrtbeEhwnc:e4BiciAgTb.ll—maßlVonrani:R'td—r:Neeiaannitd
tFs
eTO
ILI7EX CG
THE ATT "-GENERAL V. GEORGE SMITH.
The Court than usually crowded this morning, in con-
sequence expectation that Mr. Fitzroy Kelly would
said, that the tune had at last arrived
proved, for when the Judges took their
scatso'clock, and the names of the jury were
when it become his duty and his privilege to address them on be-
half of Mr. George Smith, anti he felt that it was quite unneees.
sary for him to entreat their earnest attention to the circumstances
of the case which he would have to lay before them, because from
the beginning of that most anxious inquiry, he had witnessed the
attention which they had bestowed oni every part of it.
But he had to ask that also which was more diffi-
cult for them to give . He had to ask them most
earnestly to discharge altogether from their minds, or
at least to endeavour to suspend their judgment on the charges
which had been advanced by his Learned Friend the Solicitor.
General, while he endeavoured to meet those charges on the part
of the defendant, by showing them (and he would venture to
pledge himself to show them) that the statements of his Learned
Friend the Solicitor. General were from beginning to end most de.
lusive and most unsatisfactory. He would proceed to meet the
charge against Mr. Smith, the charge that he and his brother
had long carried on a systematic arid gigantic fraud upon the
Government and upon the fair trader. He would show them that
those gentlemen were not guilty of this gigantic fraud at all, that
they were entirely guiltless of any intention to commit this fraud
on the fair trader or on the State, and that they carried en their
business in a fair and lawful way ; and he thought that at last this
very grave case, this
gigantic fraud, would resolve itself into a mere
question of law, a question which they would be of opinion ought
never to have been raised at all. without further consuming their
time by opening observations, and, once more, after earnestly be-
seeching them to suspend their judgments—to forget, if possible, the
proceedings of7the Crown, and the solemn charge of systematic
and gigantic fraud brought forward by his Learned Friend, he
would, in as few, and plain, and simple words, as he c.'uld, Proceed
to put into their possession the real history of the case, and the
circumstances under which that series of prosecutions had been in-
stituted against Mr. Smith. Some seventy years ago, the vast space
of ground which they ( the jury) had seen was covered with build.
ings little differing from those which were now upon its surface.
The buildings then constituted a distillery and rectifying.house,
and from that time to the present,
and, perhaps, from an earlier
period, the two trades, or manufactures, of distiller and
rectifier, had been carried on in those premises. It was
now some forty years, or perhaps half a century
ago, since the father of the present defendant became
proprietor of this large concern. He was on those
premises both distiller and rectifier, carrying on both
trades in that place, and with the utensils necessary for that pur.
pose. At that time, and till the year 1817, to which he would
require to call their particular attention, not only were both trades
carried on, but the premises were open to each other. There was
then no regulation as at present against carrying on a distillery and
rectifying-house on the same premises, and, consequently, where
the jury would now observe a wall built up completely shutting out
the rectifying.house from the distillery, was then furnished with
doors and passages, so that spirits, or anything elseof whatever
kind, might be conveyed from the one work to the other. It was
not till 1817 that any change took place in the law. The supply of
water to which he would now solicit their attention, the supply of
water for the last seventy years, or from the very earliest period that
any one living could remember, had been exactly the same as at
present. Both the distillery and the rectifying.house required a
constant supply of vast quantities of water, and they were supplied
in the way he was about to describe to them. (The Learned Coun-
sel then explained, by reference to a magnificent model of the
buildings in question, which fully occupied the space between the
bar and the bench,
the positions he wished to establish.)
very large tank— (one en the roof of the distillery) —.
which they had seen, and which now constituted
the principal reservoir, had only been built within the last year;
The
' Sut there
.had always been we 1 arge rensvoira containing many

scores of thousands of gallons, supplied from the Water-works Com-
pany, which distributed, by means of numerous pipes, water
to all parts of, not the distillery alone, but the rectifying-
house also. Such had been the mode of ancient supply.

Such had been the supply since. Such.was was the supply now. In
1817, or a little before that time, the Government and the Board
of Excise seemed to have thought it expedient to prevent, as far as

might be, the contiguity of distilleries and rectifying.hottses.
It was thought, and he (Mr. Kelly) did not say that it was
not a wise and prudent thought—it was thought that from the
peculiar nature of these premises, and from the facilities given to
the transmission of spirits from the distillery to the rectifying-

house, from different circumstances relating to the law, and from
the necessity for the constant supervision of Dicers of Excise—it

was thought that this connexion between the various parts of the
rremises might lead to the porpetration of fraud ; and
. .

here he would remark that

the Board of

Excise

in getting this alteration effected in the law hid not

so much reftrence to the distillers throughout the country

as to these very premises occupied by Mr. Smith. Mr. Smith's pre.
miser were the only premises of any magnitude in Great Brithin
in which the trades of distiller and rectifier were carried on. It
was, therefore, with a view to effect some regulation in regard to
this large establishment, that the alteration in the law was made.

On this—occasion many communications had passed between Mr.

Smith and the Board of Excise solicitor, the late Mr. Carr,
relative to the putting an end altogether to the unien
of the trades. It was first proposed to purchase the
rectifying-house fi om Mr. Smith, and he was equally well
disposed to part with it, and on receipt of a re.isenable compensa_
tion to carry on the business of a distiller alone. The price he de.
manded, however, for the resignation of this trade was deemed
too high, and accordingly the treaty was broken off, and Mr. Smith
continued to carry en both trades as before; and then, with a view
to prevent the suspicious which might arise of fraud, from the con-
tiguity of these buildings, it was thought prot.er to make it
the subject of a legislative enactment. Explanations took
place on this subject between Mr. Smith and the Board
of Excise, and it was at length arranged that a wall
should be built up, effectually separating the distillery from the
rectifying-house, so that all spirits and other commodities should
be obliged to be conveyed from the one work to the other in a cart
or waggon by the public highway. It was necessary, however,
that water in large quantities should be always present in the rec-
tify ing-house, and at all levels, and more particularly was large
quantities of water wanted to be poured down upon the
worm ; midi for that purpose, a trough, in all respects
the same as that at present in use, was required for this very pur-
pose of pouring down large quantities of water upon the worm,
and for supplying other parts of the rectifying-house. Formerly,
there were two troughs upon the premises, but now only one was
found necessary. With regard to the rest of the premises, the
supply took place in this way. (The Learned Counsel again
directed the attention of the jury to the model of the premises, in
order that they might understand them.) The pipes which supplied
the rectifying-house formerly went in a transverse direction.
but in 1814, for some reason or other not very material to that
inquiry, instead of cutting off the corner in the way he had pointed
out upon the plan, it was, owing to the alterations upon the pre-
mises, continued along in this way. The Learned Counsel ex-
plained the course taken by the water-pipes, bet the reader could
not possibly understand it. without a reference to the model of the
premises. This mode of supplying the distillery and the rectifying.
house was perfectly well known to all the Excise-officers who were
on duty on the premises, and that mode was continued to the year
1836, and here, for the first time, he would refer to the statement
made by his Learned Friend the Solicitor-General, and would
ask the jury whether they would have imagined that this mode of
supplying the distillery and the other works, was of such ancient
date, when they heard his Learned Friend say, in
his opening address, that in the year 1836, the
brothers Smith secretly and clandestinely laid down
certain pipes, arid made a communication between those distinct
houses, under the pretext of conveying water, but really for the
purpose of conveying spirits. He would here state to them, that
he should call Mr. James S,rith as a witness, and he would, after
describing the premises, and the mode by which water was sup-
plied, state upon oath that he was not aware that spirits could be
transmitted in this way, until he saw the Excise_officers
prove, with the aid of sundry little contrivances of their own, that
it was physically possible to do se. The Learned Counsel then re-
ferred to the informations filed by the Crown, and to the amount
of penalties claimed, namely, 150,0001., which, with 150,000/.
seized, and which would, in the event of an unfavourable ver-
dict, be confiscated, make altogether some 300,000/. ; and who
were the parties Interested in this conviction ? A number of Ex-
cise-officers, who would reap by the ruin of the Messrs. Smiths a
moiety of the penalties, to men in their rank a considerable fortune.
The charges on the informations of the Crown were divided into
three, namely, the product of the wash and of the actual spirit, the
holes on the top of the receiver, and the falsification of the drip.
He would take the liberty of directing their attention to the fact of
those charges. The Learned Counsel then proceeded to show, by
certain returns of the charges in 1843 and 1844, that no reliance
was to be placed upon the exaggerated statements made
by the Excise-officers with reference to the watche
periods of distillation referred to so frequently in the
evidence of the witnesses Drinkwater and Batten.. The
Learned Gentleman then went through that part of the evi-
dence which related to watched and unwatched periods, from
which he contended it was plain that the defendants conducted
their business with equal fairness, whether they were watched or
not. In truth, the watching made no difference in the actual
results as ascertained by the Excise themselves. He had,
then, without troubling the jury too much with figures
to demonstrate, from the evidence of the Excise-officers themselves,
that there was foundation for this charge, that the produce
was greater in the unwatched periods, and that the excess had
been made away with. He submitted that the charge in this re-
spect_bad entirely failed, and that it ought never to have been
brought forward. It had been kept back for the purpose of pre-
judicing the more important charge relating to the pipe.
He now came to another point of the case, with which he would
not detain them long. It was very important, although it to.
Volved no question of money—as it gravely affected the cha-
racter of Mr. G. Smith. It related to the holes found in the top
of the receiver.—(The Le/lined Gentleman then read an extract

from the bpecch of the Solicitor-General, to show that the prose-
cation had produced that charge in such a intoner as to convey an

imputation of fraud upon Mr. George Smith, so as to prejudice

the minds of the jury in respect to the other charges.) It was
said that Mr. Smith remarked, when the hole w,As discovered,
that it explained an anonymous letter which he had received; and

it was asked, on the other hand, why did not Mr. Smith produce
the letter if he had received one., The answer to that was, that
the discovery of the hole was made in 1843, and it was now
brought forward, for the first time, in the middle of 1845, for the
purpose of throwing additional prejudice into the scale, and
weighing down the defendant's case. Besides, the fact was, that
Mr. Smith did at the time produce the letter, and it was admitted in
the evidence that the letter referred to some pilfering of spirits by his
men. This very matter of the hole gave occasion for the reflection, how
little reliance could be placed upon the evidence of those men, who
were examined upon oath, with such grave temptations before
their eyes, as thewitnesses for the Crown in this case. Thus the
officer Drinkwater swore that he bad examined the receiver in
August, 1843, and that the hole did not exist there at that time,
and that it must have been made between that tune
and the December following, when it was discovered
by Batten. Now he (Mr. Kelly) would prove that
the hole was made ill 1824. The top of the
receiver was made In that year by a person named Florence Young,
out of materials furnished by Mr. Smith. The hole was made to
receive the suction pipe, but it was found not to be large enough
for the purpose, and another was made—this first one being covered
with boards, which were found by the officer carefully nailed down,
These were nailed down in 1824, and they were now so rotten
they could scarcely be held. (The production of the boards
erected a strong sensation, in which the jury evidently shared.)
The other hole, which was also discovered in December,
1843, and which Drinkwater also swore did not exist in August of
that year, was also made in 1824, as should be proved by the
cooper who made the cover, and by the manager under whose
superintendence it was made. It was intended to bs squared for
the admission of the dipping-rod ; but her e again the cooper made
a mistake, and the manager ordered the hole to be plugged up.
Batten admitted, in his evidence, that from below he could not, force
the ping out with his finger, so that if it were intended
to use the hole for extracting spirits, the plug must be pulled out
above by a screw, which would leave a mark, and make the fraud
palpable to the eye. The whole suggestion was absurd, but with-
out relying upon any probability, he (Mr. Kelly) would prove the
fact by evidence. With respect to the charge of increasing the
I drip for the purpose of defrauding the Crown, the jury should re.
member that when Drinkwater alleged that he had discovered
the increase, it was Mr. Smith himself who insisted that the sur-
veyor of Excise should come himself and ascertain the fact.
II? submitted that on the whole of the case there were, at the
utmost, only grounds for suspicion, upon which the jury would
not confiscate the whole property of these gentlemen, even were it
not the fact, as it was, that he (Mr. Kelly) would lay evideuce
before them to clear up every suspicion, and to contradict the facts
upon which the greatest reliance was laid by the prosecution. For
that prosecution there must be either of three motives—the jea.
lousy of traders doing less business than the defendants-
-the anxiety of the officers to obtain their share of the penalties—
or the toe great readiness of the Excise authorities to give ear to
their subordinates. There was only one other point to which he
had yet to call their attention.
The Lotto CHIEF BARON asked if that point would occupy much
time P
Mr. KELLY replied—About half an hour.
The Loft]) CHIEF BARON thought the jury might be allowed to
retire a few minutes before Mr. Kelly proceeded.
Their Lordships and the jury accordingly retired. When the
Court resumed,
Mr. KELLY said he was sorry to have to *occupy the jury longer
at this late hour. He ssould only call their attention to the legal
facts in respect to the pipe which formed the gravest of the present
charges. It was pretended that the pipe was not properly de.
scribed in Mr. Smith's entry of his premises. But the fact was
that the pipe and its course were fully described, according to the
requirements of the Act of Parliament. It was described in the
entry exactly as it traversed his premises ; but the Act of Parlia.
ment did not require the description to follow the course of the
pipe into any other premises. This was not the moment
to argue the question as to whether it was legal to have the corn.
munication between the distillery and the rectifying house. But
he should prove that it was not a clandestine communication—that
it had been long known to the Excise—and that Mr. James Smith
and Mr. George Smith both at once avowed its existence without
disguise, when Cameron and Batten asked them about it. The
Excise knew well that the thousands of gallons of water used daily
in:the rectifying-house were supplied from the great reservoir in
the distillery. In fact, it was done openly, and with the permission
of the Excise. He should be able to prove that the pipe never was
used for transmitting one gallon of spirits. He would call Mr.
James Smith to prove that, and to prove further, that he never
knew, and never thought, that spirits could be transmitted by the
pipe. The Learned Gentleman proceeded to argue that under the
meaning of the Act the pipe was not a " communication capable of
conveying spirits." That it was not such a communication
was preyed by the operations of the Excise officers themselves, who
failed in two experiments, after having entirely altered the con.
struction of the pipe, stopped off all the branches, added new
tubes and pumps, and forced in some thousand gallons of
water through the pipe to prepare it for the pur.
pose. But what did they prove ?—that all the other
business of the establishment, large and complicated as it was,
must be suspended, to obtain 700 gallons of spirits with a loss of
twenty or thirty gallons. If Mr. Smith had ever once been guilty
of the fraud it must be known to every workman on his premises,
for the Excise had proved that the operation could not be per-
formed without the assistance of persons in every part of the build..
ing, and the entire suspension of every other operation. He submitted
, to the Court, therefore, that the pipe did not come under the
meaning of the Act. The Learned Gentleman concluded with an
animated appeal against what he characterised as the most extra.
ordinary prosecution ever instituted by a Government against one
of its subjects. At his conclusion there was applause in Court,
which was immediately checked. He then proceeded to call wit-
nesses for the defence.
Mr. James Smith examined by Mr. MARTIN, deposed that he
was proprietor of the rectifying.house referred to in these proceed.
ings. The distillery was ninety years established. He commenced
to take part in the business in 1813. The evidence of this witness
was chiefly directed to show that the " pipe " was laid down for
the supply of water from the distillery to the rectifying-house, in
1826, with the knowledge of the solicitor of Excise, and under
the eyes of four of the principal surveying officers.
• The direct examination had not concluded when the Court rose.

POLICE INTELLIGENCE.
CLERKEN WELL.
James Cassidy was charged with assaulting Anne Eve.
The complainant, who had a wound over her right eye,
and whose shawl was stained with blood, deposed that she
was standing in the Crown public-house, in Golden-lane, St.
Luke's, on the previous night, when the prisoner came in,
and without having received the slightest provocation, struck
her so violent a blow as to cause the blood to flaw profusely
from the wound then visible. She had never seen the man
beforer--ile was fined se,