The Sun.
London, England, 1845-04-25 00:00:00

Sub-Committee (No. 2).

The Sub Committee, of which Sir. J. Y. Buller is chairman, re-
assembled this morning, and proceeded with the allegation in the
care of the Birmingham and Gloucester Cowpony, who seek for
power to make a branch from some point in their main line to the
ancient city of Worcester, as well as to extend the branch running
into Cheltenham.

Mr. H. Vcnables, the Parliamentary Agent, appeared for a peti-
tioner named Lawrence, through whose property one of the exten-
sions would pass; but up to the hour of going to press he had
failed to substantiate any of his allegations. He had, however,
when the Committee rose yesterday, proved about nice, but none
of them presented any feature •f interest, and in point of import.
ance, the whole of them were of a minor character.

EXCHEQUER.-(THIS DAY.)
TRIAL AT BAR.—THE GREAT DISTILLERY CASE.
THE ATTORNEY-GENERAL V. GEORGE SMITH.
Their Lordships resumed this morning at ten o'clock, and the
names of the jury having been called over, the first witness called
was Joseph Drinkwater, who was examined by Mr. Sergeant
Wilde. The plan before the Court describes the pipes that ge
from the distillery into the rectifying-house. A flunge is used
for connecting two pipes either in a direct or oblique direction.
There is a branch pipe between the distillery and the rectifying.
house which runs out of the first pipe. It is a blind pipe, and has
no outlet. It runs parallel with the two walls. It runs across the
road to the granary, and at thirteen feet from the junction there is
a stop-cock. There was a box upon it bearing the initial
of the East London NVater..works. There was another stop-cock at
four feet from the junction. There was a branch from the dis-
tillery, running down to the officer's.room. The latest period in
1843 that I examined the spirit-receiver was on the 18th August,
At that time there were no holes in the cover. Between the 4th
of JanuLry, 1644, and the second examination a hole had been
bored in the cover. There was only one hole discovered then.
The hole was -only an enlargement of that through which the
suction-pipe passed. An officer was present when the
receiver was emptied. The trade always threw a
quantity of water into the receiver, to clear the
pumps, and remove the spirits. A bar, locked by the Ex.
else, was then run through the pistons to prevent their
working. The suction-ppe run through the enlarged hole. On
removing the board which supported the suction-pipe, I found a
semi-circular hole which was sufficiently large to admit a man's arm.
There was an increase of spirit on the 13th of December of 28.7
gallons, and that was seized by the Excise. My attention was
called to the hole by two other officers after that stock was taken;
on the 15th of June following we examined the hol., again, and I
mentioned the circumstances connected with it to the defendant
and his foreman, Mr. Gill. The foreman endeavoured to explain
it by stating the nails were rusted, and had given way. Oise of
the nails was, however, new. They were merely placed there to
prevent the board beers kicked off. Mr. Gill said the receiver
must have floated, and so the board be wrenched off'. The position
of the receiver was unaltered, and the officer's of Excise must have
perceived it If it had floated. The defendant produced
a letter, which he said was anonymous, stating that
some individuals about his premises ran off spirits about three
o'clock in the morning, and sold them afterwards. That die.
covery (the discovery of the hole) he said explained the letter,
and, he added, that it was a most extraordirary piece of intelli-
gence. In June I found a hole, about an inch in diameter, near
the suction-pipe. The old board had been surrounded with white
lead, but the new hole was perfectly clear. The holelat first sight
was not at all apparent. It was distant about eight inches from
the dipping.rod. A plug was in the hole to prevent its being
seen. lam confident the hole was not In the board on Saturday.
The hole was too small for the passage of the dipping.rod. The
dipping-rod was a square one, and the hole was circular. The ma.
nager explained that there was a knot of wood at that place Such
was not the case, however. The hole had been made with a
cutting instrument. I took the drip for the first time on the 3d of
September, 1842.
A juror—What is meant by the phrase, the receiver floating ?
The LORD Curer BARON explained.
The witness continued—The receiver was so close to the floor
that a knife could not be passed between the bottom and the ground.
It was rather inclined for the convenience of removing Its contents
to the well or cistern. Before the end or September, 1842, the
quantity necessary to make the surface of the receiver level was
660 gallons. On the next examination they found that 260 gal-
lons made a level surface, and wetted 4.6 inches of the dipping
board. The next time the rod was taken it dipped 4.7 inches, the
difference of 1-10th in depth, making a difference in bulk spirits
of 9 gallons, or reduced to proof of 14 gallons. This would create
in every distillation a loss of 330 gallons, the duty on which
would be 1291. ss. In August the drip was 4 5 inches, thus
gaining another I.loth of an inch. A stop had since been put
upon the pipe by the Excise, but of that I know nothing, as I left
before it was done. The trader pays duty every fourteen days.
The defendant had 26 periods of distillatian in the course of the
year. (The witness then explained the different processes of distil.
lation.) Great care was afterwards taken to watch the premises
narrowly. They first commenced to watch on the seventh
period of distillatior. I had an account of the
wash taken on the six previous periods. The quantity of wash
distilled in the first period, from the 10th of October, 1843, to the
23d of the same month, was 275,387 gallons, which reduced made
259,9211, giving a result of 27,414 of proof spirits. In the second
period the quantity of wash produced was 276,748 gallons, which
reduced made 262,8301 gallons, or in proof spirits 27,380
gallons. In the fourth period 282,143, reduced 258,792, or in
proof spirits 26,753 gallons, and so on with the other
periods. The quantity of spirits produced on the watched periods,
which were the 7th, 9th, and 10th, exceeded in some small
degree the unwatched periods.
Cross-examined by Mr. KELLY.—The charges were divided
into eleven or twelve periods; and at every examination the
quantity of 'spirits in the wash differed in the proportions. It
all depended upon the impurity of the feints. It was always expected
to have ten per cent. of spirits upon the charge. A hundred gallons
of worts ought to give ore gallon of spirits at fifty degrees attenu.
ation. If the quantity produced were less than what the Excise
had calculated, the trader was charged with the surplus. In this
way Mr. Smith has paid more than five or six hundred pounds in
a year. Although the Excise calcUlated upon ten per cent. of
spirits from the worts at fifty, yet it often happened that the pro-
duct was less. In October, 1843, commenced his first
watchings. He commenced at the beginning of the
Excise year. That was his seventh watch. But lie
did not take into account the previous six watches, as he began
the year with the seventh, and carried on the purpose of his
watch with the eighth, ninth, and tenth.
The rest of the cross-examination related to matters only purely
technical and arithmetical, little understood by the witness and
counsel, and impossible to render intelligible in a newspaper report.
During the whola time that witness was engaged in watching
the premises Mr. Smith knew that the officers were in the
distillery.

To the Couwr—Mr. Gill, who managed Mr. Smith's business,
knew that the officers were in watch, in consequence of dircove.
ries they had made.
—.

MANSION-HOUSE.-(THIS DAY.)

THE HAMPSTEAD MURDER.
Allen Kelmar, a young man, was this morning placed at the
bar before the Lord Mayor, charged with having been concerned
with Hocker in murdering Mr. Delarue.
It appeared from the evidence that several letters had been
recently addressed to Hocker, purporting to come from a person
who had assisted him in the murder. Means were taken to
discover the writer, and the prisoner was arrested last night at
the Kings and Keys, Fleet-street, while in the act of penning
another epistle to Mocker. The prisoner it appears has been a
teacher in a school. He stated to the Lord Mayor that he was the
writer of those letters, that there was no foundation whatever for
the statements made in them—that lie was not acquainted with
either Hocker or Delarue, and that he had never been to Hamp.
stead until after the murder.
The prisoner's brother, who was in attendance, said he con.
sidered this was merely a foolish attempt on the part of the pri-
soner to obtain notoriety.
The letters, some of which were signed " J. Allen," were then
put.in and read. It was evident that the writer wished it td be
imagined that he himself was the murderer.
The prisoner said there was no truth in them, and that weakness
of mind alone had induced him to write them.
It appeared that he had been subject to fits.
The Loan MAYOR considered the whole as merely a foolish
freak, but directed the prisoner to be taken to Marylebone, the Court
from which Hocker had been committed, where any proofs of the
prisoner's mental imbecility could be produced.
The prisoner was then removed.