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most wholesome part of the operation, for the colour, which was yet to be given to it, was produced by logwood; whether this was an injurious ingredient or not, he did not know, but he believed few of his auditors would willingly drink an infusion of that dye. With regard to the green tea, that was manufactured in a less questionable and in a more destructive manner-he meant destructive to the constitution of those by whom it was drank. In this part of the business it appeared, that the leaves, after having been pressed and dried, were laid upon sheets of copper, where they received their colour from an article known by the name of Dutch pink, some of which (a powder of yellowish hue) he held in his hand. One of the component parts of this powder he understood to be white lead; but to this he would not pledge himself. The other article used in producing the appearance of the fine green bloom which was observable on the China tea, was, however, decidedly a deadly poison! He alluded to the verdigris, which, it appeared, was added to the Dutch pink in order to complete the operation. This was the case which he had to bring before them; and hence it would appear, that at the moment they were supposing they were drinking a pleasant and nutritious beverage, they were in fact, in all probability, drinking only the produce of the hedges round the metropolis, prepared for the purposes of deception in the most noxious manner. He had felt it his bounden duty to be thus explicit in his statement, with a view not only of holding up the defendant as a proper example to others, but to place the public on their guard against such nefarious impositions. He could not be accused of a desire to inflame the minds of the Jury by exciting their private feelings, because no end could be gained by such an attempt. He went for positive penalties, and the verdict could

be given only according to the limits of legal enactment. He trusted he should be enabled to trace to the possession of the defendant 80lbs. weight of the commodity he had been describing; and if so, he should entitle the Crown to penalties amounting in the whole to 840l. a sum by no means large, when compared with the enormity of the offence.

Thomas Jones deposed, that he knew a person of the name of Procter, and was employed by him at the latter end of April, 1817, to gather a quantity of black and white thorn leaves. Sloe leaves were the black thorn. He also knew a person of the name of John Malins; he was the son of William Malins, a coffee-roaster in Northumberland-alley. He did not at first know the purpose for which the leaves were gathered, but afterwards learned they were to make imitation tea. Witness did not himself gather more than a hundred and a half of these leaves; but he employed another person of the name of John Bagster to gather them. After the leaves were gathered, they were first taken to his house, and afterwards to Mr J. Malins', in Gouldstone-street. He was to have 2d. per pound for gathering them. In Gouldstone-street they were manufactured. They were first boiled, and then the water was squeezed from them in a press. They were afterwards placed over a slow fire upon sheets of copper to dry; while on the copper they were rubbed with the hand to curl them. At the time of boiling there was a little verdigris put into the water (this applied to green tea only.) After the leaves were dried, they were sifted ; this was to separate the thorns and stalks from them. After they were sifted, more verdigris and some Dutch pink powder was added; this made them resemble green tea, and the work was finished. The Dutch pink was a hard substance, and was scraped with

a knife ; he did not know its component parts. It was shook up with the tea, and, together with the verdigris, gave the leaves that yellowish green bloom observable on genuine tea. They had no particular name for this process, except giving the bloom. The black tea went through a similar course as the green, except the application of Dutch pink; a little verdigris was put in in the boiling, and to this was added a small quantity of logwood to dye it, and thus the manufacture was complete. The drying operation took place on sheets of iron. Knew the defendant, Edward Palmer, who kept a grocer's shop in Red Lion-street, Whitechapel. He took some of the mixture he had been describing to his shop. The first time he took any was in May, 1817. In the course of that month, or the beginning of June, he took four or five 7lb. parcels. He did not see Mr Palmer at the time he took the parcels, to his recollection. He saw him at other times. He was not paid for the mixture on delivery. He received some halfpence at the defendant's shop, for which he had been sent by John Malins. It was not said what this money was for. Did not believe the defendant gave him the halfpence to the best of his recollection, it was a young man in the shop. John Malins sent witness to the defendant for some paper bags, and other paper and string. He then saw him, and received from him the bags and paper. These bags and paper were to put up the imitation tea. He afterwards delivered these bags, filled with the imitation tea, at the defendant's shop. Remembers subsequently taking a quantity of the imitation tea to Mr Malins', in Russel-street. It was sold to grocers at the west end of the town. When he took it there, it was taken up to the top of the house. Of this first quantity he took none to the de

fendant. He afterwards carried some more to Russel-street, which was also taken to the top of the house, about one cwt. and three quarters; from this quantity he carried 56lb. weight to the house of the defendant's porter, by the desire of Mr Malins, as the defendant did not wish it to come to his house; it was in paper parcels of 7lb. each.

John Bagster proved that he had been employed by Malins and Procter for two months, to gather sloe and white-thorn leaves; when he first gathered them they were taken to Jones's house, and from thence to Malins' coffee-roasting premises, in Northumberland-alley. He received 2d. per pound for gathering them. He saw the manufacturing going on, but did not know much about it; he saw the leaves on sheets of copper, in Gouldstonestreet.

Mr Bowling, from the Excise, proved the defendant to be an entered teadealer.

This was the case for the Crown. Mr Jervis addressed the Jury on the part of the defendant, but called no witnesses.

Chief-Baron Richards having summed up the evidence, the Jury found a verdict for the Crown for the full penalties, amounting to $40.

Nine other persons were at the same time convicted and fined.

Court of Exchequer, Dec. 7.

THE ATTORNEY GENERAL HENRY

COPE.

The Attorney General stated the information against the defendant, which imputed, first, that he being a tea-dealer, had in his possession a large quantity of coloured leaves, in imitation of tea; secondly, that he had a similar quantity of coloured leaves in his possession,

made to resemble tobacco; and lastly, a quantity of roasted beans, peas, and other grain, in imitation of coffee, whereby he had become liable to pay large penalties to the King.

John Proctor was then sworn and examined. He deposed, that he lived servant with a person of the name of Henry Lamb, at Fiskerton, near Newark, Nottinghamshire. In 1809, wit. ness lived with an uncle of this man, named William Lamb, who was a che mist and druggist; Henry Lamb was in partnership with his uncle at that time; but, on his uncle's death, gave up the business of chemist and druggist, and turned blacking-manufactu. rer; he had carried on this business for three years and a half; witness continued with Henry Lamb till last December. He came to Fiskerton in last November from Farndon, in the same county; witness knew of some imitative tea having been in his possession. This tea was composed of shumac and white thorn leaves. These leaves were bought from the collectors at threehalfpence a pound. The white thorn leaves were infused in a solution of potash and water; after this a solution of copperas and water was put to them. They were then drained, and dried upon a kiln: this made black tea. The process with the shumac leaves was different to that adopted with the thorn leaves. The shumacleaves were scorched in a cylinder, and coloured with Dutch pink and Prussian blue. This formed a green, and gave the sort of bloom which genuine green tea bore. Of this sort of stuff Mr Henry Lamb sold large quantities of shumac, he could say, a ton at least, had been collected and sold. Of thorn leaves he could speak to somewhere about two hundred weight. He also made an imitation of tobacco. This was made of safflower, or wild saffron. He was not aware whether this was a wholesome or a poisonous vegetable. This This

VOL XI. PART. II.

was also infused in a solution of potash, and pressed out to deprive it of its colour. Having been thus deprived of its natural colour, it was put into a solution of coperas and water, where it remained till completely saturated. It was then pressed a second time, and dried; and after being sifted and cleaned, became tobacco. Witness, to speak within compass, could say, that from one to two tons had been made and sold at Farndon and Fiskerton within a year and a half. Mr Lamb was also a maker of imitative coffee, which was made of rye, roasted in a cylinder, and then ground and mixed with a little coffee. To speak within compass, two or three tons of this had been made and sold. Two women and three or four children were employed to collect the shumac and thorn leaves before mentioned. The steeping took place at Farndon, and the drying at Fiskerton. These articles were sold to different grocers and shopkeepers. Witness knew a person of the name of Eyre, who was Mr Lamb's agent or traveller for the sale of these things. Witness saw the articles which were the subject of the present information; they were the articles he had been speaking of.

Cross-examined by the Common Sergeant.-Was engaged in making the stuff he had described about a year and a half; was quite satisfied with the making; he did not put it down the people's throats.

Mr Robert Walker, collector of excise at Leeds, deposed, that on the 31st of March last, he went on board a vessel called the Swan, at the wharf, at Leeds; he was accompanied by Belford and Gray, his two clerks; he searched the vessel, and found a hogshead addressed to Mr Cope. This cask, in the manifest of the vessel, was said to contain blacking; witness was not content with this, but broke open the head of the hogshead, and found it to contain a number of paper parcels,

C

containing 216lb. of an article imitating tobacco; he also found a quantity of paper parcels, containing 1791b. of an article imitating coffee; it was ground; he took samples of these articles; the whole bulk was seized and conveyed to the Excise-office, returned to the Exchequer, and condemned. After the seizure, a search-warrant was procured to search MrCope's premises. Witness, in company with others, went to the defendant's, who keeps a grocer's shop at Leeds. They observed, on entering the premises, two paper parcels lying upon the counter: the shopman was in the shop, and upon being asked what those parcels contained, he said they were druggist's parcels. Witness then examined them, and found they contained imitative coffee, and weighed 28lb. each. It was the same sort of stuff found on board the Swan. He then went into a warehouse belonging to Mr Cope, about 40 yards' distance. Here he also made search, and found several paper parcels containing 94lb. weight of imitative tobacco. This was the same sort of stuff found in the hogshead. At the time it was found it was just put into a hamper by the defendant and his men. On further search he discovered 56lb. of imitative tea: this was likewise in the hamper. The defendant, on being asked where he got these articles, after some hesitation, said he had received them from Henry Lamb, of Fiskerton, near Newark. He presented to witness an invoice, in which there was an article described as "1121. of L. E. H. at 2s." The defendant said L. E. H. stood for tobacco. In the same invoice there was an article described as " 56lb. of C. F. E. at 9d. per pound." This the defendant said stood for coffee. There was likewise an article entitled, " two boxes of E. I. D.," which he explained to mean With regard to the hogsheads found on board the Swan, the defend

tea.

ant said it was intended for him, but he had refused to take it in; witness made an inquiry after the invoice of that, and the defendant produced one which he said was it. The goods in this invoice, however, were described as "2 cwt. of E. I. D. tea ;" there was no tea in this cask, and therefore this could not be the invoice inquired for. The defendant said he had purchased these things of an agent of Mr Lamb, of the name of Eyre, to whom he had given his acceptance at two months, for the amount of the first invoice produced. He said he had been thus prompt in his payment, because Eyre told him if he did not pay immediately, he would acquaint the Excise. All these articles, like those found in the vessel, were seized and returned to the Exchequer. There was a letter annexed to the bill of parcels, which witness had described. This letter appologised for delay in sending the goods, and added, that he wished to send "a real good article, and he believed he had succeeded." In crossexamination, witness said that the defendant sent to the Excise-office to state that the officers had overlooked a quantity of tea, which was afterwards seized. In re-examination, witness said Mr Cope was an entered tea dealer.

The Common-Sergeant.-I won't trouble you to prove that.

Mr Belford, clerk to last witness, corroborated his testimony in all respects. The defendant was much alarmed, and said he was going to return the goods to the manufacturers. He entreated that witness would not seize them, as it would ruin him. He threatened to blow his brains out. On the next day witness went again to defendant's house, and found two boxes in a small room in which the seizure was made the previous day. These boxes contained eight parcels of imita tive tea, of 71b. each. Witness did not believe these boxes were there the day

before. If they had, he must have seen them. These were seized also. Samples of the respective articles were then produced, and Proctor being recalled, recognized them to be similar to those manufactured by Mr Lamb. The case for the Crown being closed, The Common Sergeant addressed the Jury on the part of the defendant, whom he described to be a man in a very small way of business, extremely poor, and already in prison for debt.

The Common-Sergeant.-My Lord, I cannot resist the verdict for the Crown in this case, and therefore will not give your Lordship the trouble of summing up.

The Chief-Baron.-I was not going to sum up, nor is it in my power to control the mercy which may be exercised by the Crown in this case; but I think it right to state, as one appointed to administer justice here, that there is no foundation for these claims to consideration which the CommonSergeant has put in. It is high time to put an end to this abominable traffic; and, as far as I understand the case, there is nothing in it to excite compassion.

The Jury then returned a verdict for the Crown for the following penalties: 11201. for 112lb. of imitative tea, at 101. per lb.; 100%. for imitative coffee; and 2007. for imitative tobacco; making a total of 14201.

Four other persons were at the same time convicted and fined.

JOSEPH ROBERTSON, FOR CELEBRATING IRREGULAR MARRIAGES AND FORGING CERTIFICATES.

ter of the gospel, Leith Wynd Chapel, Edinburgh, and William Pearson, spirit-dealer in the Canongate, accused of falsehood, fraud, and forgery, and also of celebrating, clandestinely and irregularly, marriage, contrary to the act of first Parliament of Charles II. 1661, chap. 34. The libel was found rele vant at a former meeting of the Court, and the pannels having pleaded not guilty, a jury was chosen, and the trial proceeded.

The declarations of the pannels being admitted, were read over by the Clerk of the Court.

The first witness called was Alexander Ross, session-clerk of NorthLeith parish; said he knows Mr Robertson, who once applied to him for a certificate of marriage. Being shewn a certificate of marriage between Moonay, a soldier of the 88th foot, and Margaret Macpherson, declares it to be a forgery, no part of it being in his hand-writing. Being likewise shewn a certificate of the same nature between Fitzgerald, another soldier of the 88th, and Sarah Urquhart, depones that it is also a forgery; that he never granted these certificates, as it was contrary to the laws of the Church for him to grant certificates to persons residing in Edinburgh.

Alexander Ross, jun. son of the last witness, being shewn the certificates, declares they are forgeries, no part being his father's writing.

Sarah Urquhart, said she was formerly a servant to Mr Grant of Rothiemurchus, but is now married to Edmond Fitzgerald, a soldier of the 88th; that in October last, on a Sunday, the witness, accompanied by Fitzgerald, Moonay, and Margaret Macpherson, called on Mr Robertson at

High Court of Justiciary, Edinburgh, his house; it was about eleven o'clock,

March 18.

Came on before this Court the trial of the Rev. Joseph Robertson, minis

but Mr Robertson said as he was going to church they must call again at one o'clock; that they did so accordingly, when Mr Robertson sent a girl

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