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

LAW INTELLIGENCE.
COURT OF C;XCHAQIIEI?, .Ilan I.
TRIAL AT BAR.-111E GR EAT DISTILLERY CASE.
THE ATTOHNEY- GEN,II.Ii, C. GEORI:E 5311T11.
The Court agiin met at tin o'clock this looming, and the names
of the jurymen having ucen called over,
John Uring was placed in the witness-ox and examined by Mr.
MARTIN— I am in the employ of George Smith, and have heel' so
for eighteen years. In the year 1843 it was part of my duty to
attend to the receiver. I recollect Batten, the officer, coming to
the premises on the 18th of December. I saw Drinkwater and
Batten in the spirit warehouse at two o'clock in the afternoon.
They were speaking to Mr. Smith. I left the spirit warehouse
before them. I had been near the receiver from twelve o'clock of
the preceding night till six next morning. I did not observe that
the board around the suction pipe was loose. I recollect,
in June, 1844, Eatten being inside the receiver. I was
outside, and he inside, and I heard him knocking.
He asked Gates, who was along with me, if he had
such a thing as a hammer or chisel. Grates said he had
nothing but a candle. I had the rod used for turning the cocks
in my hand. He took it out of my hand, and he put it under.
neath and knocked this plug out. I never had noticed the plug
before, lie then came out of the receiver. He then said that he
had thumped it out with his finger. I saw him do it with the
iron rod.
Cross-examined by the SOLICITOR-GENERAL—It was my duty to
attend to the third receiver.
By the Loan CHIEF BARON—The force required to knock out
the plug in the cover of the receiver wets very violent.
Cross-examination continued—There was a pump kept in the
spirit store-room. It was mit a moveable pump. I never observed
the boards on the cover of the spirit-receiver loose. I never ob-
served the nails there.
Re-examined by Mr. MARTIN—I was sent for by Mr. Drink.
water when the hole in the spirit-receiver was discovered. I was
standing on the receiver when Batten was inside, and what he
struck first was the flap on the receiver, and he struck three or
four times afterwards, but where I cannot say.
By Mr. Baron PLATT—I attended the receiver for between three
and four years, and during that time I was in the habit of entering
the spirit-warehouse once or twice a day. Ido not know of any
cupboards there. I know of only one pump there, and it is a
fixed one. I can point out in the plan where the spirit still.
room is.
Mr. Baron PLAvr—Come down, then, and point it out.—The
witness did so.
John Hodges examined by Mr. MARTIN—I have been five years
in the employment of Mr. Smith, as millwright. I recollect being
sent for by the two Surveying. Generals in the month of March,
1844. Some time before that 1 had removed the valve from the
stand-pipe above the buckets, and its use was to prevent liquor fall-
ing down when repairing the buckets. It was of no use for pump-
ing up liquor. It acted in this way—when the stream rushed
through the pipes it stood a little up or open, but when the stream
ceased it shut. The valve had become leaky, or what is termed
honeycombed, and I took it out for the purpose of getting it re-
paired. It was taken out some two weeks before the Surveyor-
Generals came, and when they asked where it was, I told them it
was in the coppersmith's opposite, and I went and got it, and af.
terwarda showed it to them.
Cross-examined by Mr. Jertirs—l have an assistant occasion.
ally. His namt. is James Julien. He is not constantly employed.
I saw him outside the Court here yeattrday. I attended to the
rack cocks. They are fastened by wire. My duty is to keep the
cocks in repair, but I have nothing to do with regulating the liquor.
John Stanford examined by Mr. MARTIN—I have been its the
employ of the East London Water Works for 18 years ; and iu
14136 I attended to the pipes which supp'ied the premises of Mr.
Smith with water. I know the pipes that lead to the granary. I
recollect the pipe being laid down from the gateway of the distil.
lery to the rectifying-house. I suggested that stopcocks should be
placed on these pipes. I made the suggestion to Mr. James Smith.
The reason was that a pipe had burst and inundated the granery
some time before. The company sent stop. cocks out, and men to
put them on. The boxes had the initials of the company.
Mr. MARTIN—My Lords, you wili find the bill for these charged
to Mr. James Smith in June 4, 1838, amounting to 171. 15s.
Examination continued—When the pipes were laid down they
were open to the public.
Cress-examined by the SOLICITOR.GENERAL--I did not attend
to all the pipes that supplied Mr. Smith. I attended to the one
that supplied the vats. I never supplied other stop-cocks for other
private persons.
Chat lea Marshall examined by Mr. WATSON—I am a veterinary
surgeon, and attend the stables of Mr. Smith. I was in the stables
on the 23d of Oct. The water to them is supplied by a pipe. On
that day I observed a strong smell of spirits from the water. It
might be about 11 o'clock. The horses did not like it at all. They
did not like gin and water.—(Laughter.) They would not come
nezr the pail.
By the CHIEF BARON—Several buckets were allowed to run into
the trough, and then a bucket was taken for the horses.
David Atkins examined by Mr. GREENWOOD—I was footman in
Mr. Smith's house, and recollect the 23d of October. The water
in the pantry was tainted with spirits, and I pointed it out to Mr.
Smith. My attention was directed to it by the smell.
The SOLICITOR-GENERAL—And taste afterwards, I dare say.
By Mr. GREENWOOD—I noticed the state of the water for some
me after.
Cross-examined by the SOLICITOR-GENERAL7I did not notice it

some days after. We used the water for all domestic purposes
There is a force pump in the house used for forcing up water for
domestic uses.
Alfred Mason examined by Mr. Waraost—l have been em-
ployed by Mr. Smith as surveyor upon this occasion. I made the
plan of these premises. I was called in on the 24th of October. I
went into the house on the 24th of October and tasted the water in
the dairy. It was flowing from the tap, and was tainted with spirits.
James Beck examined by Mr. WATSON—I have been employed by
Mr. Smith for many years as surveyor. Thera is a branch pipe
which supplies the house with water. There is a force pump in
the cellar, which I presume was there in 1832.
David Atkins was recalled, and asked by the Lord Chief Baron
how often the pump was used. The answer was every morning,
excepting Sundays.
Mr. James Smith was asked by the Lord Chief Baron how long
the pump had been upon the premises. The reply was since 1813.
Wm. Jacques examined by Mr. MARTIN—I am an officer of
Excise of twenty years' standing. I had been employed from 1833
to 1843 at Mr. Smith's distillery. I was principal officer there. I
recollect the opening from the distillery gate to the rectifying-
house in 1836. Ido not recollect the pipe being laid. The old
rectifying-wall was pulled down, and a new one built; and Mr.
Phillips (since dead) pointed out where the old water communi-
cation had existed. Mr. M'Culloch was the superior officer at the
distillery before Mr. Drinkwater came. He left in October or
November, 1841. Mr. M'Culloch was preceded by Mr. Carpenter.
There was an officer on the premises for a short period between the
remove' of M'Culloch and the arrival of Drinkwater. His name
is So vie, and he is still in the employment or the Excise. The
communications to the Board of Excise are made through the su-
perior officer.
Cross.examined by the SOLICITOR-GENERAL—Mr. Phillips, in
Lis conversation with me referred to the old communication, and
directed me to state to him what I saw relative to any attempt to
by down a pipe. I saw no pipe laid clown, and knew of none laid
down. In my ten years' experience there, 1 knew of no other
commendation except by the open trough.
Re-examined by Mr. F. KELLY—Mr. Phillips and I with all the
officers on the premises knew of this opening.
Dr. Ure examined by Mr. KELLY—I am professor of chemistry,
and well and practically acquainted with the nature of epic its. I have
setts the pipes to which the experiment of passing spirits from the
distillery to the ratifying-he use was effected, and I know the
branch pipe leading to the officer's-room. The branch very
slightly declines. In his judgment (which was formed, not only
on his previous chemical knowledge, but actual experiment from
the plans) it would be impossible to pass water through the pipe
from the distillery to the rectifying house without leaving a large
quantity of spirits in various parts, which would take a considerable
time to mix with the water, which would, therefore, in the mean.
time, have a strong smell and taste of spirit.
A long discussion then took place as to the quantity of spirit
which would remain in the pipe leading to the officer's room. It
was at length calculated and agreed to that there would remain at
least fifty gallons.
The LORD CHIEF JUSTICE said it had been provel that, after
the experiment made by the Excise, the water supplied to the
officer's room, the stables, and the dwelling-house, was tainted with
spirit for several days.
Mr. Jaayss said, if his Lordship would look at the plan he
would see, that if the experiment had been made by the trader
himself, it would be easy to draw off every particle of spirit from
the pipe at the officer's room and pass it directly to the wash tub.
The Lotto CHIEF BARON—It is so. It is quite clear that there
are sufficient meats of preventing a drop of spirit from being lost,
or any taint being left for a considerable time; I do not speak of
the blind pipe, for I cannot see how it could be got out of that.
Dr. lire's examination cowls ared—The pipe, in its ordinary
state, was not capable of carrying spirits. It was necessary to
render it air-tight throughout its course. The same pipes could
not be used habitually and alternately in the conveying of spirits
and of water through so great and complicated a length. The
pressure of the water from the tanks would be rather upwards,
and air-holes in the pipes would not interrupt the course of the
water, which would tend to escape up through them in spurts ; but
the pressure of the air through a very sm 11 air-hole would prevent
the passage of spirits which could not proceed until the air was shut
out. He said this on the suppusitson that the pipe must be worked
neon the principle of the syphon.
By the Loan CIIIEF BARON—It is not necessary to work this
machinery of pipes upon the syphon principle. If the vat, No. 8,
were constantly kept full, or not quite full, but up to seven feet—
that is half full, it would not be necessary.
Mr. KELLY—That is supposing that vat 8 was used with the
new series of piping employed by the officers.
The LORD CHIEF BARON did not imply that it bad been done.
Dr. Ure cross.examinett by the SOLICITOR-GENERAL—Has not
discontinued to Le employed by the Government and Excise. Had
written a book called " The Revenue in Jeopardy." Had not
undertaken to pay off the National Debt.--(Laughter.) Had proved
that by frauds on the Excise the revenue lost halls million sterling
out of six millions.
The SOLICITOR-GENERAL—That is all I shall ask you.
The Letitia CHIEF BARON—Dr. Ure, are you aware what is the
duty en spirits, and what the prime cost per gallon ? Dr. Ure—
The duty is 7s. 10d., and the value of the spirit without the duty
is under 2s. 6d.
The LORD CHIEF BARON—Then it is not the fact that the
trade could afford to lose one hundred gallons out of every two
hundred ? Dr. lire's answer was not heard.
The jury then retired. When the Court resumed,
The Soticrroft-Genettat. proceeded to reply. He said that in
addressing the observations which he should have to make on the
whole of the case, lie trusted it would not be necessary for him to
make any very great demand upon the time of the jury. But the
length to which the inquiry had been protracted—the very
im-
portant interests involved in the issue—the complicated and various
facts produced—and the many topics scattered throughout his
Learned Friend's (Mr. Kelly's) elaborate and able address—would,
he feared, render it almost impracticable for him to bring what he
bad to say into a very narrow space. Still he felt his labour
lightened and his task encouraged by the assurance that the jury
had paid the most unremitting attention to the case from beginning
to end, and that they were familiar with all its details. He was
confident that they would administer the law, as it was laid down to
them, fairly and impartially, and that, in so important a case, to
whirls public attention had been so much directed, they would not
be in the smallest degree swayed by any prejudices introduced by
one side or the other—that they would look steadily to their duty
without regard to the result. Before he proceeded to remark upon the
evi,tence in the case, he must say a few words as to some parts of
his Learned Friend's speech. His Learned Friend had complained
of the proceedings adopted against Messrs. Smith, attributed them
to the jealousy of rival traders and the anxiety of hungry and in.
terested officers. He (the Solicitor-General) denied that the
jealousy of rival traders could influence the authorities at the
head of the Excise department in the discharge of their duties, or
that they would be too ready to listen to any groundless or interested
charges brought by interested subordinates. What animosity could
the Commissioners have against the Messrs Smith ? What in.
tercst could they have in putting a stop to a trade such as that of
those gentlemen, yielding to the revenue a vast return ? It was
evident that they would not proceed to the measures which had at
length been forced upon them, if they were not compelled to do
so by an imperative sense of duty. For himself, he (the Solicitor-
General) had already declared his willingness to take upon
himself his share of the responsibility of these proceedings ;
and he trusted that having only done Isis duty he would be ab'e
to survive the loss of his Learned Friend's favour and good-will.
His Learned Friend had accused him of the revival of an obsolete
penal Act, wherein his conduct was as oppressive as if he revived
the penal Laws against witches, and some obsolete penal laws of
Scotland. He was surprised at such an observation from
so learned and acute a lawyer as his Learned Friend.
They were dealing with a statute passed only twenty years ago,
which governed at this day the process in every distillery through-
out the kingdom, and with every partscular provision of which
every distiller in the kingdom was required to be familiar—so
much so, that one of the witnesses for the defence (Mr. Goldie)
said that he had every word of the Act by heart. Was that rightly
described a; an obsolete Act, to proceed upon which was a hard-

. .
stirntarielitrilipsyeeneeeteMite—lenene,
ship and oppression. His Learned Friend had also complained lish Mr. Mayer's claim so far to the consideration ni tig
that matters not relevant to the issue bed been introduced, h-ench as to induce his Worship, should he determira
to prejudice the case. He (the Selic,tor .Generai) answered that
all those matters were introduced advised: y. to show what had been ,t-nclitr the case cor further inc;niry, to grant bail. ives,
Mr. •;'IVYFoRD--W?ien - the proper time all
the conduct both of the defendant and of .he officer, and he was „,,,• , , , , -., . .
I-
wake your IT
ly. ..t. !,,,e ~.1T .1" t it! t.,'Vt.,, pal can
sure that the Pity were satisfied that the iustice of the ea.e was ~` ,
promoted by that course. The Lean-cd Solicitor th 'n proceeded , ''' ''''' '''' "d 'l' 'li''' °lam"). w'iY.
to defend the offices of Excise from the charge of ill-will to the the ~0.,.. tv.Ls then I,,riiceet,cd Stith.
defendant, or of being actuated by the desire of spoil They had Mr. Richards, a surgeon, deposed that h
ee hadf
Theexii-
1.
not, as Mr. Kelly had stated, such a vested interest in the penalty mined the, wounds on the complainant's . ad,
_e
Wag 11
as rendered them unworthy of credit, for it was entirely at the dis- sere apparently very severe, but there 01 "-
cretion of the Commissioners whether the officers should participate slightest danger attending them. ... into
in the amount of the penalty, and in what proportion. Another Constable F 72, stated that he took Mr. Ma ilia
complaint was, that no discarded servant of the defendant had custody at his house in Oxford-street. On tel /
been brought forward to confirm the statements of the officers. it IA as for assaulting Mr. M'Lean, he said,
Now, he would put it to the jury to consider what would be said of " Vil'
have done I will do again."
the Crown if that had been done? For his part, he would never
stoop to such a coarse. Looking back to the whole length of This being the whole of the evidence, Mr. Blankirn°re
the proceedings, he felt no difficulty to grapple with but applied for the liberation of the defendant on ball., .1 io
this that the breaker of the law, guilty of frauds
to a very great extent, was liable to penalties of a large and even Mr. TWIFORD did not feel justified in granting no
so serious a case. Why should he ? "on. °l3'
startling amount, and that, although the jury were of opinion Mr. Ballantine also objected to the opplicati
e, the
that the fact had been satisfactorily proved, they might shrink from serving that the evidence of the policeman shov cle_"...u..
the performance of their duty by not giving the verdict which the necessity of that protection being secured to the
.°`7o
law demanded at their hands. That was the only momentary appre- plainant which it was the province of the nutgiatril: to
hension heentertained. But it was only momentary ; because he atiord. The application might afterwards be Inau
did not believe that twelve gentlemen, of the station, character, the judge at chamber- a that
and intelligence of those in the jury box, would shrink
from the performance of their duty, through any such, or I\lr. fibrekrnore said' he had never once suppose , mil
Mr. Mayer would be refused his liberty on
Tfuvrn. Is The
any other considerations. He then called their attention to the
state of the law under which this issue was tried. Previous to the security which it was in his power to pl eurea
1817 there was nothing in the law to prevent the two processes threat spoken to by the policeman was evidently roped
being carried on upon the same premises, or even within the same under feelings of great excitement, and n.l.d. gr.
walls. In that year an Act was passed requiring that the two therefore it would not influence his Worship's min
a•
should be carried on in separate buildings, and that these Mayer was prepared to pledge himself not agn)siln !').eltlin°-•
should have no direct communication with each other, the spirit to lost Mr. M‘Lean, although he never could forget
otuid be
be carried from the one to the other by no other way than a public jury that had been done him, and this avowal `• etilfgr.
street or road. That law was not found to be sufficient to prevent backed by bail to any reasonable amount. 11 /1
fraud, and in 1825, only eight ►years after, a new Act was passed—that
which was now in force, and under which they were now proceeding Blacktnore) had knoi;Pri the defendant for more high
--which required that no distillery should be nearer than a quarter twenty years, and he could testify
citizenperstenallya'ntdo
at:1: ra.Fd,
character always borne by him as a .
of a mile to any rectifying house, exempting from that provision all
distilleries that had been erected previously to 1817, but requiring
that there should be between the two (the distilling and rectifying) Mr. INPLean, the brother of his late wife, had,i_nAtilicli‘„..,,' •
on him a far deeper wound than that which he Du`.l, of
premises, no communication by which spirits could be transmitted. self received at the hands of Mr. Mayer in a nl:o2:t“recit
Under the plain construction of this last Act, it was impossible that great but pardonable irritation. Mr. Meyer bu '
not witiv
the Excise authorities could have knowingly permitted Messrs. the seducer of his only daughter, for he coulel the
Smith to maintain such a communication as had been proved. In hold the fact any longer, and that daughter holoo
fact it was proved that they knew nothing about it, for it was not child of Mr. M.Lean's own sister. RI ..,_ie was in his. blow
mentioned in the description of the premises upon which the when her injured and afflicted father struck toe
_,or
licences of Messrs. Smith were granted under the law of 1826. Ifand, nu" 0
it had been described, it would have been the duty of the Coln for which he had been taken into custody;
~ be a
missioners to refuse the licence until this communication was re- these painful circumstances, he declared it vv.nou_79o to
outrage on Mr. Mayer to refuse his applicati n.
moved. The officers who were examined in the case had sworn
positively that, in the many years during which they had been
employed upon the premises, they never dreamed of its existence; send him to gaol to await hi.--. trial on this gewr., he
and the only evidence to show that it had ever been known to the felltibre. refuse bail; the one being the sec :roe
bound
livYtFeonosaid there were two charsere.P2a
Excise was that of alleged conversation with Mr. Carr, and others, nor in which the assault had been committed,
„uiste.
who were all dead. Finally, he thought there was proof that the other the threat made in the presence of the cons .Te'•01,:l
pipe could be used for spirits, and there was every presumption that The defendant was then committed for trial at tu
it was so. He then want minutely over the technical and Bailey.
chemical evidence relating to the discrepancies in the
charges at different times, the disputes between Mr. George
Smith and the surveyors, and all the perplexed particularities of the
watched and unwatched periods. He next proceeded to the charge
respecting the hole in the top of the receiver, and examining the
evidence on that point minutely, he contended that the proof was
clear that the plug could not have been in the hole for the length
of time that had been pretended. Mr. G. Smith said, when it was
first pointed out to him by the officer, that the hole explained
an anonymous letter he had received respecting the pil-
fering of spirits by his men. Was net that an admission
that spirits could be extracted by the hole, and did it
not imply that Mr. Smith was before ignorant tin t the hole existed?
Was that ignorance consistent with the defence set up ? It was
sworn tnat the plug had remained in the hole since the receiver
was made. But Mr. Young, their own witness, in his cross-exa-
mination, admitted that he was mistaken in his first opinion, and
that, upon again examining the plug, he was convinced that it could
not have had its under surface so long exposed to the action of the
spirit and retain so smooth and fresh an appearance. That was
conclusive. But why had not Mr. George Smith's familiar, Gill,
who managed all his business, been put into the box ? As he
was the person who could upon his oath inform the Court and the
jury what really did go on in the distillery, both in respect to the
pipe and to the holes. He left it to the jUry to infer why Gill
had been kept back. On the subject of the dipping, it was to be
remembered that the difference of four-tenths in the drip would
make a difference of five hundred pounds of duty in a week.
But up to November, 1843, the defendant had had the advantage
of that difference. What had become of the excess of spirits in
the meantime ? There was never found any excess of spirits in the
stock. But at length the means were discovered by which the
spirits could be carried away without the observation et the Excise.
The language of Mr. James Smith to Cameron and Drinkwater,
when they discovered the transmission of water from the distil
lery tot he rectifying.house, clearly showed that they were conscious
that the communication was illegal, and that it was improperly
used. He commented to the same effect upon the language of
Mr. George Smith, contending that it showed the con-
sciousness of not having a fair case. If, after
the evidence the jury had heard, they were of opinion
that this pipe was only used innocelitly, and for the purpose of the
transmission of water, they would give the defendant the benefit of
that opinion. But he v.ould call their attention to the Act of
Parliament, which required every distiller to enter a description at
the Excise of every pipe, and every utensil used in connexion with
such pipe, and of every place to or from which such pipe should
lead.—(He then read the description entered by Mr. G. Smith in
1840, which mentioned such branches of this pipe as supplied
the stables, granaries, and dwelling house, but omitted all mention
of the branch leading to the rectifying-house.) With respect to
the supply of water from cne house to the other by means of the
trough at the top of the roof, he felt bound to say that
he considered it a very great irregularity, and much to be
regretted that the Excise had allowed it to be continued after the
passing of the last Act, of which it was a palpable infraction,
although it had existed for many years lawfully be.
fore that Act of Parliament was passed. It was a great
oversight to allow the trough to remain without being tie-
scribed in any of the entries. There was direct evidence that
wash, which was as valuable to the rectifier as spirits, could be
conveyed at once by those pipes without any prepatation: With
all the facts of the case before them, they - need, attend
little to the philosophical speculations of Dr. lire.
It was also immaterial what Mr. James Smith, who•was.so deeply
involved in the case, might say as to spirits never having been
transmitted. He (the Solicitor-General) did not know what re-
servation Mr. J. Smith might have. It might be that wash only,
which was equally fraudulent, had beets transmitted. - But it had
been completely proved that a communication between the
two premises was maintained, exactly such as the late
had forbidden. The jury would recollect that the suspi-
cions of the officers were first roused by ascertaining that a
great r quantity of spirits were produced thin -were accounted for,
and that there must be some secret means of getting rid of
the excess, which led them to the examination that
ended in the discovery of the pipe. They would also
recollect that in this case, on which so much depended, not one of the
persons in the employment of Mr. Smith, who could tell anything
about the proceedings in the distillery, had been called—not
even Gill, whose evidence might be all-sufficient. He was
sure the jury would agree with him that this was a
case, which, however serious the consequences might be,
required investigation in that Court. He again appealed to
the jury not to be deterred by any consideration of the consequences
from the firm and impartial discharge of their duty. With these
remarks he left the case in their hands, in perfect confidence that
the result of their lengthenesi and most anxious inquiry would be
satisfactory to the publ:c.
The Loan CHIEF BARON, having consulted the wishes of the
jury, yielded his own inclination to theirs, and adjourned the case,
at twenty minutes past five, to ten o'clock to-morrow morning.

WORSHIP-STREET.
t' age,
a respectgbly- dressed man, about 3° )r,rile
MragE, named Henru Webb. wac placed at the bar be 0
. broughton, charged with having obtained the an
an
f 20s. from Mr. William Butt, a tradesman in ie
novel and
street, Spitalfields, by means of the following
artful stratagem. A great r umber of other tradeAtefle9
tfrom all parts of the metropolis, were also in atlen";tibce
to prosecute charges of a similar description agains" -
prisoner.
It seti
appeared that on the 19th instant a decently dresthss
woman entered the shop of Mr. Butt, who had ,veci
clay commenced business, and re nested to burse- bY
with 91b. of German lead, the same quantity Dent'rotten stone, and 21b. of crocus-powder fur loot,
glasscs, none of which articles the prosecutor bachhoar
promised to procure them for her. About half 1111,-who
after she had left the shop a man (not the prisonerP 'old
represented himself as a traveller for Messr. Peei Or
Co., wholesale colour-manufacturers in the Soutbniat
bridge-road, called and solicited orders on bebtalf °f to-
firm, and was directed to send in a quantity of the the
tides the woman had just before inquired for afar'too
amount of 41, part of which the same mart soon 1
wards brought, and was paid 21. 45 for. lit ;1,,,a f,
hour the prisoner himself called with. the renin'-- ern:a
the goods, on account of which he received 20,srwing
was desired to call for the balance on the iiiiitiA-wb°
Monday. Nothing more was seen of the squall' Aped
had ordered the go:,ds ; and when the prisoner. coda
tball3 a
~gain on the Monday, the goods having In
been found to be of the most spuriOus descriPWe's Ana
itc having also been ascertained that Messrs. iffileoi,t-
-,0., of the Southwark-bridge•road, were jiot 111.0dy of
ence, he was immediately handed over to the oui`
a policeman. +; a, sna
p was v
th,l:ll)vreisootnheerr, chargeswh( deewlinereed aofffteerriwnagrdasn;ubstan.ate -r
&fele-, he re-
to be brought up again next
dered week, that t , bi
maining testimony might be taken preparatory i
committal for trial.

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r, PA
MARKET NEWS. ( VEST— g
i:LAT WIANLICASTO. 4116 i ; 4:5
SMITHFIELD.—Coarse Meadow Hay, 3/ 125 to, ,„,. clo
_,
ful do., 4/ li's to 5/ 8s ; fine Upland do., 5/10s to
~,..,.rea'i stray,
Hay, 4/ lOs to 614 s ; Oat Straw, 11 18s to 2/ iflry °steadily, $
2/ to 2/ 3s per load. Hay and Straw rnovea °
full prices. ‘,• 145. to 4Kii)lB7's;
CUMBERLAND.—Coarse Meadow Hay, '1 9 to ' I •
useful ditto, 5/ to 5/ lOs ; fine Upland ditto, 51,1,18 e to 2,..:
Clover Hay, 41 lOs to 61 ; Oat StraW moderate steu
Wheat Straw, 2/ is to 2/ 4s per load. -4.
Tuesday' 4/ 18$ 'i
and a ready demand. Quotations as on --q/ tOs t°„;", te 5.
WHITILCHAPEL.—Coar6e Meadow Be,Y9,;(tt , 5/ '"2l 15;
useful ditto, 5/ to 5/ Ss ; fine Uplan° '''" I°l 19 t° bly
15s • Clover Hay, 4112 s to 6/6s • Oat Stralg,a Supply
tolerably
Wheat Straw, 2/ 2s to 21 3s 'per load. '''‘lP's
good, and trade rather dull.
=SAT IVIATLIKETO. 'r Sce"ge
SOUTHALL, APRIL 30.—Although we had ai ft axd „,I‘,l
supply of fat stock on sale to-day, the ue--- Pe- '
tolerably steady, at about last week's quotations' to ;
from :3s to 45 ; Mutton, 33 2,1 to 4s 2d; Lamb, st. EVA
Veal, 3s 5,t to 4s 2d ; and Pork, 3s to 3s 10d r
sinking the offal. aril 1,6/1:8
ROMFORD, APRIL 30.—Prime Beasts, Sheep, s"„tbecte
theftcomnand a steady sale, at full currencies ; but,,,,ya, 3.0,(1
rade ruled dull. Beef, from 3s to 45 ; Mu'''-1(1' 5..:
4s 2d ; Lamb, 4s 10d to 6s ; Veal, 3s 10d to 45, to; 014
PQol,:eiraikrr,tse2nrs;aoliOd to 3s 6d per 81bs. Suckling Calves, Cogs'. 0'
IldCaSltvoerse,ll6ig/st,o lOsl9 ettotchl.Bs ; age 00%p
Ilmnstum, APRIL 30.—We bad about an ac,eri„ epealgo
year supply of stock here this morning. Gener,l!loattoo,o4
the trade was steady. Beef, from 2s 10d to 46' „ie 2d ; $
;o 4s 4,1 ; Lamb, 5; to 5s 10d ; Veal, 3s 8d t° •neso
Pork. 2s 10d to 3s 6d per 81b. ,el3os le
dell.- to
AM.TN DEL, Arian 29.—There was only ano 2,5 sd
dad to
passing on the following terms ;—Be'ef, froinveal
Mutton, 3s to 4s 2d ; Lamb, 5s to 5s 8d; and re iil
.1, 2d ; and Pork, 3s to 3s 10d per Sibs. toelc Ile 00.
CIIICLIESTER, APRIL 30.—Most kinds of 6 cpiotAtil) 50
moderate supply and ,t!ady demand,and Milch a
ads°lll . 1,91118110.
Beef, from 3s to 4s ; Mutton, 3s 2d to °,','s 'sd pew to
to 6s; Veal, - s 6,1 to 4s od ; and Per
35 t° ' pigs, ,eol2'
Suckling Calves, 18s to 98s ; Quarter-old Storie6/tOl9,
19s; and Milch Cows, with their small Calves,
( ;URN AVERAGES,;O 000 of tba
GENERAL AVERAGE PRICES OF 131tilt';e Itetinloldeth
For the Week ended April 26, 1-45, made up from .alOl IS° 9..1
Inspectors in the different Cities and Towns MI, 35/ 0
per Imperial Quarter. v ~,n5 ".:. ;65
Wheat
Barley "AVER.. :-iis 6d [ Rye •• • • .... 305 2d F.,,e`,0.3.
AGES OF THE LAS f SIX I,'"

POLICE INTELLIGENCE.
BOW-STREXT.
Wednesday, Mr. J. G. Mayer, furrier, of 58, Oxford.
street, was charged with assaulting his brother-in-law
Mr. E. M'Lean, 169, Strand, au importer of paint
ings, &c.
Mr. Ballantine attended as the complainant's counsel,
and Mr. WitAt:Doi e, a solicitor, appeared for defendant.
Mr. Ballantine, after alluding to the respectability of
both the parties, begged that the magistrate would not
allow any domestic or other matters unconnected with
the charge betore him to be mixed up with it. The com-
plainant and the defendant had not been latterly on
friendly terms, and probably, if the cause of their diffe-
rences• were investigated, it might apt ear that there
were faults on both sides. He trusted, therefore, tact
the mere assault, which was a very serious one, and le-
gally unjustifiable, under any pretence, would occupy ex-
clusively the attention of the bench. He then called
Edward M'Leati (the complainant), who appeared with
his head bound up, and said—Last night, shortly after
my shop had been closed and the shopman had gone
home as usual, I heard a ringing of the door bell, and
went myself to answer it. Immediately on opening the
door, and before I had seen who was there, 1 received a
heavy blow on the head, which felled me to the ground
and stunned me. On recovering my senses I saw who
the man was, and caught hold of the stick which he had
in his hand to prevent him striking me again, as he
seemed about to do. In the struggle he either threw or
knockt d me down. The mob round the door then clo.e I
in upon us, and I heard him telling them that I was hit
brother-inlaw. I believe I bled as much as two quarts.
A medical man afterwards attended me, and I seat a
policeman to take the prisoner into custody.
Mr. Blackmore rose to croas•examine the complain-
ant, when he was interrupted by
Mr. TWYFORD, who requested that he would confine
himself strictly to the charge, and stated that, if he was
not prepared to deny it, he would at once send the case
to the sessions.
Mr. Ballantine intimated that he was obliged to re-
gard the offence as a felony, and not as an ordinary as-
sault, and, therefore, it must go to the .Central Criminal
Court.
Mr. Blackmore was about to speak of the gross pro
vocation which would be shown in this case, but
Mr. TWYFORD declined entering into that subjec, and
begged that Mr. Blackmore would avoid it in his cross-
examinatior.
Mr. Blackmon said that the deft rriant, whom his
brother-hi-law had been pleased to call " the man," had
endured the utmost wrong that it was in the power of
one man to inflict on another ; and was it to go forth to
the world that a person of Mr. Mayer's respectability
and character had been charged with a felonious attack
on a relative, without the slightest notice being con-
voyed, through the same ehannal, as to the motise which
had led to it ?
Mr. Ballantine asked then complainant bow long at
period had elapsed, previous to the p esoit, transactiou,
since he had seen the defendant ?—The complainant re-
plied, about four months.
Mr. TWYFORD—WeII, then, there could have been no
immediate provocation in the case. You must not intro-
duce matters irrelevant to the charge.
Mr. Blackmon) declared that lie could prove an imme-
diate provocation of the grossest kind, and earnestly en-
treated that he might be allowed to ask the complainant
a few questions.
The complainant was then asked if his sister was not,
prior to her death, the wife of Mr. Mayer, and whether
a daughter was nut the issue of their union?—He replied
to both questions in the affirmative.
Mr. Blackmore—Was not that daughter in your house
at the very time when this assault was committed ?
Mr. Ballantine objected to this question being an-
swered, but, as his Worship did not interfere, it was re-
peated.
Complainant—Certainly she was, and you can see the
lady if you like.
Mr. Blackmore—No, Sir. There was a time when I
should have been happy to see her—but that time is past.
Mr. Ballantuie insisted on this course of proceeding
being stopped. If observations tending to criminate his
client were to be allowed, he might be in a condition to
show that there was culpability on both sides.
Mr. TwYroun—You must see, Mr. Blackmore, that I
cannot hear anything foreign to the actual charge be-
fore me.
Ur. Illackw9re saill hie principal object was to estab•

few,
Bemis.
/s
1"-- 5 34 tO 34 1
30 34 .„ 35 6
32 9 34 7, 36
7
35
29 u 36 1
6„
30 35 30
32 21 g
30
S,"" 3-5 9,1
IMPERIAL AGGREGATE AVERAGES OF
ealis .•
Wheat . • 4Gs Oct Oats •• •....1 2 35 I 64.1
Barley ...... 32s 25 I Rye .. • • .... 30 5d •le
c, 19
7 19 6,1
DUTIES ON FOREIGN COTO' ~••':.
Whea 209 Od I Oats . • .•••• Gs Od fsle.•
Barley Gs 05 Rye los Oci

Weeks
ending

Wheat. Barley. 1
Oats. BYe.

Mar. 22.• • •
29.. • •
April 5...•

45 5132 4
45 10 '32 4
45 5 32 3
46 3 32 5
45 11 31 11
45 11 3 6

21 8
21 5
21 4
20 9
21 4
20 11

ti'
MB,
S. VIII
DEATH OF MRS. GILBERT.—EOI- ila IV •-nrer ,:
our painful duty to announce the death of g''' - i ;0 'l:oe_ '',.
Davies Gilbert, Esq., M.P., F.R.S., and for raB" r reli-- cd 11
at the a° Y dviac 0 tIO
of that Society. Mrs. Gilbert expired
.t an A,4,0 401
this place on the evening of Saturday last, ". to "" oso"of
The deceased lady, actuated by an earnest desire eater ~
oil 1
condition of the labouring classes, has for
see,eitoini soutorts'ool'iul rfr
her energies to agricultural affairs, and was
the allotment system, which she carried intoiltactA le ,4°eigatitile
a large extent on her estate in this parish 0t Oced-oitr,..).
hood. The benefits resulting from her benevok''., tlig:- 1117,5
boeflieve, have fully realised the expectations Whlc"i solo°llol.d-
-alstoliissystem anticipated. Self supporting indusirttoita °O'
been instituted by her, and the plan aPfearshi VisC4. $
lion. We fear her loss will he severely felt /0 t") Of o.s
Express. 36
[ADVERTISEMENT:I—A WoNDERV--- vii.. boo-1/$
ATTESTED CURE OF DROPSY BY 1317.boi°S,Y4' St.irir
AND OINTMENT.—Copy of a letter Os; tgol;c-f,'
Taylor, chemist:—" Stockton, April 1" b oi..aney .3.
Mrs. Clough, the wife of Mr. John lio:0 nr'hrott rei
a respectable farmer, had been sufferinC.ce oriliiiii
that
five years, and had the best tnedicai c,.11.,/onr P-fit w;
ceiving any benefit. She hid heard ':) •, befiebut pfd
ointment, and used them with surprillp'wello -6igt'et,
she has now left off taking them, being
usable's ptn
viously she had been iven up as o'4 o°'
0110 uati % iieiot
Thomas Taylor." Soldgat Professor vbe ,: ton
lishme.tt, 244, Stran•t (where advice Mai g 01
and by almost all respectable vend°r
throughout the civilised world.

Le°rl37li
BIRTHS. , too Pa,' eutf, 0
On the 24th ult., at the Parsonage, uPb Cle'-- t
near Gloucester, the wife of the Bev. Jac° I) Se()"
daughter. layA Of G. - . r$
la
On the 25th ult., at Leamington, the ' WO'
Lsq., of Love-hill, 13erks, of a son, still-bora' Dlr3•
On the 26th ult., at Dorfold Hall, Cheshire' iaP
Deecb
ham Tolleniache, of a daughter. . . Alfred racy
Oa the ~..' 7th ult., at Tuilbridge-wa9, Nr- " rlcp
of a son, still-born iiide-13$ gs
On the' 28th ult. at Devonport-street, 1,,,,ir_ '
Brooke Turner, of a.' son. geerf
Airs'
On the 29th ult., in Grosvenor-crescent,
cote, of a son. TO,
the 1-4eo
isl_l./tB/gP•
noecesten,io e
O❑ the 24th nit., at Rendcomb-par, aba Mafot• co
Captain Henry Thomas I loward, to GeerWor. Gulit, iisrijo.
daughter of Lieutenant-General Sir John oey, 0' -
tS eP b frith,
On the 29th ult. at St. Dunstan's,
Sherwood, of Welle'lose-square, to Mrs. 63111
Commercial road East.t, tb°
.. AlAlhe bias'
DIEL•
scarlet ie/e" rge ft° r,iioi
Yesterday, in Park-crescent, of sea, „10. Geo _ .h.
J3lO-7 pg.
youngest and the beloved son of Mr. and ' near tid.
On the 24th ult., at Weston House, whitelie,ooo,_,
Whitehead, second daughter of the late G. toes Yootur
, Mgr. it,`" etc,
On the 25th ult., at Brompton-plaee'
On the 25th ult., at Hengrove, near d Cole' il,
Cramp, eldest son of Mr. R. M. Sinithett.,_o A• .1,
of 0,
On the 27th ult., at Southsea, Miss Jelito't sea
,i 4
OR the 27th ult., George HWY, la aced
Chambers, Esq. rr. Coergcbole
On the 27th ult., at Cottage-green, lir' of W.." 0
On the 28th ult., Maria, the daughter of Jo
EN., of Edgbaston Birmin,ham, aged,infant s°1:1
On the 28th ult., at Blalheath, the
Alers Hankey, Esq.

of
0i114t1191
fa) So• 0
Lonelon : Printed and Pn Wished b3' sigo &UPI
No. 112, Strand, Printer, at The -:„ the
Strand, in the Preciect of the Savoy,
Middlesex, Fridey, May 1845'