Star.
London, England, 1824-04-23 00:00:00

BAN ES 'V. CLENIENT.

This action, against the proprietor of 7he Morning
Chronicle, for a libel, excited great interest, and caused
the Court to be crowded at an early hour.
Mr. WILDE opened the pleadings. The declaration
stated that the plaintiff bad established a lace-factory,
and had taken children apprentices from parishes to
learn the work, and that defendant published a libel of
him, relating to the management of those children. To
this declaration, theidefendant pleaded—first, the gene-
ral issue; and secondly a justification that the matters
of the alleged libel were true.
Mr. GURNEY stated, that this was an action brought
by the plaintiff to recover compensation in damages for
a false, scandalous, and malicious libel, inserted in the
Morning Chronicle newspaper of the 14th of November,
1823. The plaintiff is a lace-manufacturer, at Bermond-
sey; and the publication complained of reflected upon
his character in a very serious manner. He was in the
habit of procuring apprentices from the pa: ish, and
the libel imputed to him that he employed children of
too tender an age, and that their treatment was such as
was not consistent with a regard for their health or hu-
manity. In consequence of some representations which '
were made to the Magistrates of the county of Surrey, '
a deputation from this body visited and inspected the '
factory. Mr. Bankes had some secret enemy, and it '
would probably appear, in this inquiry, who that enemy
was. It would be shewn that every attention was paid
to the comfort and care of the children. The defendant
pleaded in justification that the statement was true.— •
The libel stated that there were thirty charity children
employed in this manufactory under nine years of age,
and who were kept at work for twelve hours a-clay, and
that the Magistrates had expressed their disapprobation
of this system. The paragraph went on to say that it '
was to be hoped the subject would be brought before
Parliament, as it would be more humane to cut the throats
of the children than that they should continue in such a
condition. Mr. Gurney contended that this statement
was unfounded, as he would-prove in evidence.
Robert Joseph Chambers, Esq. a Magistrate of
Union-Hall, examined by Mr. CameBELL (he appeared
greatly affected).—lle stated that lie inspected the ma-
nufactory, in Bey, mundsey, of the plaintiff, on the 27th of
October last ; there were four or five other Magistrates
present beside himself ; they occupied one or two hours
in inspecting the manufactory ; the situation was airy ;
witness told Mr. Bankes the bed-rooms were crowded,
and he would require a certificate from the parish offi-
cers, from time to time, when he applied for apprentices.
-(This witness was exceedingly agitated, and wept
during the whole of his examination).
Cross-examined by the ATTORNEY-GENERAL—He
required of Mr. Bankes to be allowed to inspect the ma-
nufactory before apprentices were bound ; Mr. Bankes
said he should take care that the children were in-
structed in reading and writing. Witness was never there
before the 27th of October. Mr. Peel's Act was put in.,
The libel was here put in aitd read, and the proof of
the defendant being the propi ietor and publisher of the
Morning Chronicle was adduced.
William Bankes, brother to the plaintiff, superin-
tended the plaintiff's manufactory. In October last
therewere thirty apprentices: ten had been bound from
Mary-la-bonne. The others were on trial. The youngest
was about nine and a half, the oldest about fourteen.
There was oily one under ten. There were several fe-
Male superintendents. The hours of work in summer
were from seven in the morning till eight in the even-
ing ; and in winter from eight to eight. If the children
were not clean the work would be injured. • The chil-
dren were allowed three. quarters of an hour to break-
fast; an hour and a half to dinner; and half an hour
to tea. They had meat for their dinner five days in tile
week, and soup two. The other meals were tea and
bread and butter. The orders from the plaintiff and
witness as to the quantity were, to give them as much
as they could eat. Bibles, Testaments, Prayer-books,
topy-books, &c. were provided for the children. The
r,ousekeeper heard them read before a schoolmaster was
appointed, which was arranged as early as possible.—
Tire children were heard to read by the housekeeper
every day. EA frame was here produced, and the wit-
ness described the manner in which the work was per-
iormedj. The children went to the parish church on'
Sundays. Two of the children weekly did the domestic
work, so far as they were able from their years. They
'vended their own clothes. Witness was present on the
-"Ttli of October, when the `lasi: traces attended. There
...ere four or five; Mr. Chambers was there ; a medical
',entleman attended the establishment from the first.
..-ne Magistrates were shewn to the different parts of the
eqablishment ; some of the Magistrates seemingly ex-
; ressed their disapprobation of the employment of chit-
iren of such tender ages, but not particularly ; Mr.
' • liffiths expressed some; Mr. Wyatt a 'little ; v. itness
,id not hear the others say anything. The children
:.eed not stoop ; when they do it is from idleness, which
corrected as often as possible. Mr. Wyatt also said
~rmething about a window in the garret, which he
.:ished to have made.

Cross4aansinad.—Witness is not in partnership; has
ristii sitar=; believes 31 r, r expte,bed his

disapprobatiOn at tl:e place nnt being stifficletaly venti:
lated. Believes Mr. Chambers expressed disapprobation
at the children sleeping three-in a bed. contrary to the
Act of Parliament ; no copies of the Act were hung up
in the factory ; the work is chiefly with cotton ; cannot
say exact I y the proportion ; the children use a great deal
of thread, but not riaite so much as cotton; will not
swear the proportion is one-tenth ; when the Gentlemen
attended the children were not all working horizon-
tally; will not swear how many were sloping. The
time set apart for reading was after the hours of work.
There Vl'ai no place at that time set apart as a school.
room. A school-room has been provided since. There
had not been time to make the arrangements. Of the
fifteen upon liking five were from the parish of St.l
Georges East. One of them was not well. All five
were sent back by order. Mr. Wyatt would not suffer
them to be bound. Did not observe they were ill. They
did not ccme back. A few alterations have been made
since the 27th of October. There are now only two in a
bed. A school-room is provided. The time for read •
ing is new in the hours of work. One of the working
rooms is enlarged. One new window has been made
in the working-room, and the other in the garret. One
was ordered to be made before the Magi•ar:ues' visit.
Saw the article in the Morning Chronicle about two
days after it appeared. Cannot say that his brother told
him he had seen it beliare in the Times; cannot recollect
positively whether his brother said he had seen it in any
other paper. The witness was pressed very much on
this point, but he persisted in saying he did not recol-
lect. The business is going on well now, but it had been
much interrupted.
The ATTORNEY-GM:IIAL then read a passage 1 orn
the libel. Witness's brother never read to him those
words—never produced to him a paper.
Ite-examined.—Have increased accommodationsjand
increased the number of apprentices. There are now
fifty-two or fifty-three. The interruption was occa-
sioned by the reports, but when people saw the estab-
lishment they were satisfied.
Mrs. Elizabeth Dowling, housekeeper of the estab-
lishment, sworn.—The children were washed twice a
week, not exactly all over; they were instructed in the
Scriptures so far as witness was able to expound them ;
there were plenty of Bibles and Prayer books. They
went to church twice on Sundays, and the children
were always well, except head-aches. Witness took the
same care of them as if they had been her own children.
The clothing they had they brought from the parish.
There is a large garden for them to play in. They play
there before and after dinner.

Cross-examined by Mr. ScartLETT.—Has a very ar
duous situation, but not trying to the temper : delights
in it; now and then the boys tell lies—(A langh).—Ap.
proved of the children lying three in a bed.
Sarah Andeil, one of the teachers of the establish-
ment, corroborated the preceding witnesses. What
salary do you receive ?—1 decli- e to answer that clues.
tion.—Do you receive any?—dies.—And you will not
say how much receive enough to satisfy me fur my
trouble. You may retire.
Colonel Gaitskill, one of the Magistrates for the
County of Surrey, examined.—Attended with other
Magistrates to inspect the plaintiff's manufactory.—
Some objections were made to the children stooping
over the frames. Observed generally they were clean.
Witness objected to the children sleeping three in a bed,
and that in the workhouse of his parish be would never
suffer it. The minutest inquiry was made into the state
of the factory and the condition of the children. Mr.
Bankes expressed his readiness to adopt any suggestion
the Magistr aces might make.
Cross-examined.—Went to inspect the factory on the
27th of October; 1.-. and the other Magistrates there.
Witness does not recollect that Mr. Bankes objected to'
the visit of the Magistrates, and saying that they had no
right there. The children appeared healthy and decent
looking children, about nine or ten years old. There
were none, in witness's opinion, under nine. There
seemed several about that age. They were at work.,
Witness thinks the frames were all horizontal. After
inspecting the factory, the Magistrates retired by them-
selves into the parlour, when some objections were made
to the employment of children of such tender age,
and recommended some relaxation. In that all were
agreed. There was a paper drawn up by Mr. Cham-
bers, expressing the opinion of the Magistrates. Witness
objected to any of his own parish children being bound,
until be knew what wages the .apprentices could earn
when they were out of their time. Mr. Bankes pointed
out, that according to their proficiency they might get
fourteen, sixteen, and eighteen shillings a week. The
children appeared healthy and clean.
Mr. Nonage, also a Magistrate of the county of Sur-
rey, examined.—His evidence was to the same effect as
that of the preceding witness.
Mrs. Wright sworn.—Works at Mr. Bankes's factory.
The children appear equal to the work they are called
upon to perform; has two children of her own; the chil-
dren are kept as the children of every family should be.
Mr. G I.MNEY.-A question has been asked about the
size of the children ; now I have every one of them here.
Let the children walk in.

The children were introduced accordingly. They
looked healthy, clean, orderly children, and some of
them seemed nor a little pleased with the novelty of
their situation. The youngest appeared very sma:l.
Mr. W. Hankes stated, that those were the same chil-
dren as were employed at the manufactory on the 27th
of October.

Edward Whittington is assistant to the overseers of
the workhouse of the parish of Mary-la-bonne ; witness
went on the 19th of September to inspect the manufac-
tory, and found it very spacious, healthy, and a desirable
situation. Witness produced the indentures, and staied
that he was the subscribing witne,s.
The Honourable and Reverend Edward Turnour ex-
amined.—ls a Magistrate for the county of Middlesex.
Has inspected the manufactory twice—once on the 11th
of January. Went over it, but as it was on a Sunday,
did not see the children at work.
Mr. Whittington recalled.—Saw the indentures exe-
cuted—cannot say on what day, but after the 27th day
of Oct. and believes after the 14th of Nov.
The Counsel for the defendant having taken a legal
objection as to the manner in which the indentures had
been executed,
The Loup CHIEF JUSTICE observed, if the allegation
was immaterial, proof was not necessary ; but if it was
a material allegation, proof must be given. The alle-
gation " of and concerning" the plaintiff in his business,
and "of and concerning his employment of the said
apprentices," ran through all the counts of the declara-
tion. It now appeared that the indenture was not exe-
cuted according to law, until after the 27th of Oct.
and probably not until after the 14th Nov.
Mr. CAMPBELL' submitted that the objection was not
material, and that if it were, the allegation in the first

count had been estaiilished. The libel Itself was suffi-
cient admission.
The ATTORNEY-GENERAL replied to the arguments
on the other side, and contended that the objection was
well founded. He then addressed the Jury. Ile was
ready to make an admission on the part of the defen-
dant, that proper attention had been paid to the health
and comfort of the children.
Mr. GuaxEr said, as the only object of Mr. Bankes
• was to vindicate his character, he was satisfied with this
admission, and would give the Jury no further trouble.
A Juror was then withdrawn.
POYAIS noxos.---MIGItECOR r. LOWE.
This action was brought by Sir GI egor M,Gtegor,
the well-known Cacique of Poyais, to recover money
had and received fur his use by the defendant.
It appeared that Mr. Lowe was employed to dispose
of the Poyais Bonds, which have made so much noise,
aad to raise £lOO,OOO by way of loan, secured upon
the suppthed Bank and Ten itory of l'oyais.
Witnesses were called to prove that S:tipt was se d '
by the defendant, and that money passed into the hatiOs
of Bankers.

tar
LORD CHIEF JCiTICE inquire] whether the par-
ties who had engaged in the bthineis had eve: seen the
settlement of Poyais?
He was told that a map had been produced in Scot-
land by Mr. Yist;:egor, but it ai.l not appear that any
Settlement 1:::der the name of Porais was known to be
:n existence, at the time the Public were invited to pur-
chase Poyais Stock.

The LORD CHIEF JUSTICE was of opinion. that the
plaintiff could not support any claim in a Court of Jus-
tice to property arising out of a delusion or bubble,
which the Poyais Settlement appeared to be, and with-
out s;:ffeting the cause to proceed, his Lordship directed
nullsll it.