s of his brother James, who was
a rectifier, adjoined his. The law forbids the junction of the
businesses of distilling and rectifying, or any communication between
premises carrying on such businesses; and, in this case, it was presumed
that all spirit would be conveyed from one to the other by means of the
highway. But the contention of the prosecution was, that the Excise
officers, finding a great deficiency in the spirits ostensibly produced,
as compared with the "wash," had detected holes in a large receiver, and
found, moreover, that they could themselves convey spirits from the
distillery to the rectifying house, through pipes under ground, which
were mixed up with those which supplied water, and so escaped detection.
This the defendants denied, and brought forward evidence that the pipes
were obsolete and disused. In the end, the verdict of the jury was, "We
find for the Crown; but we are anxious to express our opinion that there
has not been any evidence adduced before us which shows that the pipe has
been fraudently used by the defendant." The amount of damages claimed by
the Crown was 150,000 pounds; but, by agreement, this was reduced to
76,000 pounds; and, finally, after an appeal from Mr. Smith, the
Government were content with a cheque for 10,000 pounds.
About this time commenced what is well termed "The Railway Mania," or,
rather, public attention was particularly called to it, as it was
becoming a crying scandal. So much so, that it attracted the notice of
the legislature; and, if we look at a "Return to the Order of the
Honourable the House of Commons, dated 8th April, 1845, for an
alphabetical list of the Names, Description, and Places of Abode, of all
Persons subscribing to the Amount of 2,000 pounds and upwards to any
Railway Subscription Contract deposited in the Private Bill Office during
the present Session of Parliament," we shall see that amongst the names
will be found many of the leading nobility, large manufacturing firms,
names well known in commerce and literature, mingled together in a most
heterogeneous manner. The same column shows a combination of peers and
printers, vicars and vice-admirals, spinsters and half-pay officers,
Members of Parliament and special pleaders, professors and cotton
spinners, gentlemen's cooks and KC.'s, attorneys' clerks and college
scouts, waiters at Lloyd's, relieving officers and excisemen, editors and
engineers, barristers and butchers, Catholic pries
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