though the mere refusal of the ticket was only attended with the loss of the fare, there being no specific penalty for such refusal), that if omission to give the required tickets were accompanied by any abusive language or ill behaviour, the Magistrates still had the power of punishing such conduct by penalty, a power vested in them by the 9th Anne. The extraordinary construction that had been put on the new Act, that a Magistrate could not listen to any complaint whatsoever, except where a ticket should be produced, astonished him beyond measure; but it shewed that those who had put such construction on it had not read the Act through. The misconception of the Act, which appeared to have spread far and wide, reminded him of what he had witnessed at Bow-street fifteen years ago. A hackney coach case under the 9th Anne was before the Magistrates, and the point in argument was, what was the meaning of "abusive language," for the Magistrates had read as far as "abusive language," and no farther; and after three hours of erudite and logical argument, the remainder of the clause was read, which explained all that had created debate and doubt, for the act said, "abusive language, or any other rude behaviour." So it was with this new Hackney Coach Act; for having read that the tickets to be given by the coachman must be produced before any complaint can be heard, the concluding part of the clause was quite overlooked, which said, that a complainant must produce" some one or more of the said notes or tickets which he shall have received, or might

and ought to have received by virtue of this Act." The law now stood thus: if a coachman should refuse that ticket which he might and ought to give on its being required, such bare refusal would only be followed by the loss of the fare; for without a ticket no one was bound to pay and if that refusal were accompanied with "abusive language, or any other rude behaviour," then the offence was punishable under the 9th Anne. He had not much respect for the Act, but its objects were attainable; and if every gentleman in the country would act as Mr. Wilkinson had done, and put his shoulders to the work, the business would be completed in a week.

The case having been thus decided, it was ordered to stand over pro formâ to give time for the appearance of the driver.

Detonating Balls.-Mr. John Cuthbert, of St. Martin's-lane, optician, was summoned on information, for exposing to sale, on the 26th October, certain fireworks called detonating balls.

Pace and Lavender, the officers, said that Mr. C. had a bill in his window announcing " chemical detonating balls, &c. to produce the report of a pistol without danger." Pace purchased a dozen for eighteen pence. Some of them were exploded at the Office, each emitting flame.

Mr. Cooper, chemist, of Drurylane, convicted on a former day of having sold detonating balls, admitted, on the part of Mr. Cuthbert, that they threw out a flash, but denied their containing fire. It was a flash similar to what was Y 2 produced

produced by striking one flint against another. It was the explosion of a species of gas; but it was not fire, because it would not burn paper.

Mr. Fielding said, that the preparation contained the igneous element; that the flash was from some species of fire. The Act had introduced the genus generalissimum, fire, the igneous element; and although the legislature at the time of making the law probably only contemplated" fireworks" made with gunpowder, yet as the word had been introduced, he could not restrict its meaning. It comprehended every species of fire, however produced; and there were many species of flame or fire. But the simple fact of the composition producing some sort of fire did not bring it within the contemplation of the statute. A gas light, brimstoned matches, and phosphorus boxes, were fireworks; but none of them were of that mischievous tendency meant to be guarded against by the Act. It was necessary to establish, not only that the articles complained of were fireworks, but also that they were calculated to produce serious mischief. Now these detonating balls, it had been proved, were calculated to effect abundant mischief.

Mr. Cooper observed, that the balls did not contain fire, but latent caloric; and they would go off in a vacuum not requiring the intervention of air to cause explosion. Sugar, and rubbing together two pieces of borax, would produce flame, as would many phosphoric bodies; but that flame was not fire. [Johnson defines fame to be "light emitted from fire."]

Mr. Fielding could not agree that what was called latent caloric was not a species of fire, as the balls threw out considerable flame and sparks. As it was established that these balls were not only fireworks, but that they pos sessed the mischievous qualities guarded against by the act, he must pronounce for conviction. The venders of these useless and mischievous articles had said, why not punish those wanton people who explode them at public places? This was plausible but erroneous, reasoning; for in the eye of the law it was more politic to punish him who provided the means of working mischief, than the indi vidual who used those means; but for the satisfaction of the philosophical gentlemen who manufactured these balls, he would state, that should any wanton persons be brought before him for exploding these balls, he would punish to the utmost severity of the law.

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of the general circumstances of which an account will be found in our Chronicle for the month of February. The report at large of the trial itself occupies a bulky volume; and we can only allot for it a space sufficient for a very summary view of the principal points of the evidence, and the result of the whole.

The persons tried were Charles Random de Berenger, Sir Thomas Cochrane, commonly called Lord Cockrane, the Hon. Andrew Cochrane Johnstone, Richard Gathorne Butt, Ralph Sandon, Alexander M'Rae, John Peter Holloway, and Henry Lyte. The crime charged was a conspiracy for raising the Funds, and thereby injuring those who should become purchasers in them; the Court was the King's Bench, Guildhall, before Lord Ellenborough, on June 8th and 9th. The case for the prosecution having been stated by Mr. Gurney, the first witness called was John Marsh, master of the Packet Boat public-house, at Dover. His evidence went chiefly to prove the fact of a gentleman, drest in a grey great-coat and a red uniform under it, with a star, knocking at the door of the Ship Inn, early in the morning of February 21st, whom he assisted to get into the inn, and who said that he was the bearer of very important dispatches from France. He was fully satisfied that Berenger was this person. This evidence was confirmed by that of Gourley, a hatter, who was at that time in Marsh's house.

Mr. St. John, who was then at the Ship Inn as a traveller, deposed in like manner to the arrival of a person who asked for a post-chaise, to his dress, and to the identity of Berenger as this person.

Admiral Foley was then called to prove the receipt of a letter dispatched to him as port-admiral at Deal, by express from Dover, from a person at the Ship Inn, who signed himself R. Du Bourg, Lieutenant-Colonel and Aide-de-Camp to Lord Cathcart, and which was proved to be in the hand writing of Berenger. The purport of the letter was to acquaint the Admiral that he was just arrived from Calais with the news of a great victory obtained by the allies over Buo naparte, who was slain in his flight by the Cossacks, and that the allied Sovereigns were in Paris, where the white cockade was universal. A post-chaise boy was then examined who drove a gentleman in that night from Dover to Canterbury, and another from Canterbury to Sittingbourn, and a third from thence to Rochester. They deposed to the receiving of Napoleons from him, and the latter boy to his dress, agreeing with the former descriptions.

Mr. Wright, of the Crown Inn, at Rochester, brother to Wright of the Ship, at Dover (who was prevented from appearing by illness) next gave evidence of the person's coming to his house, of his dress in the great coat, red uniform, star, and military cap, and of his conversation relative to the news he brought; and was positive that Berenger was the man. Other innkeepers and drivers continued the chain of evidence, to that of a Dartford chaise driver, Thomas Shilling, who gave a very circumstantial account of carrying Berenger to the Marsh-gate, Lambeth, and there seeing him into a back. ney-coach. The driver of this coach, William Crane, then deposed to the ca rying him to No. 13, Green-street,

Green-street, Grosvenor - square, and there leaving him; also to the circumstance of his red uniform under a great coat, and to his taking with him into the house a small portmanteau; and thus was completed the process of tracking Berenger from Dover to Lord Cochrane's house in London.

The next circumstance brought forwards for the prosecution was that of the fishing up by a waterman on the Thames, of a bundle containing a coat cut to pieces, a star, embroidery, &c. which was recognised by a military-accoutrement maker, to be the same that he sold on Feb. 19th. to a person who mentioned its being wanted for one who was to perform the character of a foreign officer, and who also purchased a military regimental coat, and a military cap. The person with whom Berenger lodged deposed, that on the 20th he went out in a new great coat,

With the main plot in which Berenger was the chief actor, another was stated to be connected, involving M Rae, Sandon, Lyte, and Holloway. With respect to this, the first witness called was Thomas Vinn, an accountant, who deposed to having been applied to by M'Rae for the purpose of engaging to assist in a hoax upon the Stock-exchange, by personating a French officer along with him, which he refused to do. A female witness, a fellow-lodger with M'Rae and his wife, deposed, that M'Rae brought home, on Feb. 20, a parcel with two coats and two opera hats, the coats being like those of officers, with some white ribbon for cockades; that he said they were for the purpose of deceiving the flats, and that he must

go down to Gravesend-that on the next day she met him in London, apparently much tired, and that he brought back a bundle containing one of the coats and hats, and the cockades ; and that he said he was to have 50l. for what he had done.

Mr. Foxall, master of the Rose Inn, at Dartford, then deposed as to receiving a note from Mr. Sandon, dated from North Fleet, on Monday, Feb. 21, desiring him to send a chaise and pair, and to have ready 4 good horses to go to London with all expedition,-- that in consequence, his chaise brought from North Fleet Mr. Sandon and two gentlemen with white cockades in their hats, who immediately proceeded for London with the four horses. A driver deposed to carrying these persons, the horses being decked with laurels, over London-bridge, through Lombardstreet and Cheapside, and thence to Marsh-gate, Lambeth, where they got out, having taken off their military hats and put on round ones. It was then proved by Mr. Francis Bailey, that Holloway confessed before the Committee of the Stockexchange that he was a contriver of this plot, and that Lyte confessed himself and M'Rae to have been the persons who accompanied Sandon in the post chaise.

The next body of evidence produced related to the Stock concerns of Mr. Butt, Mr. Cochrane Johnstone, and Lord Cochrane. The most material points went to the close connection between these three persons, to the vast amount of omnium which they held on the morning of the day in which the fraud took place, to the sale of the whole on that day, and to the circumstance

circumstance of Mr. C. Johnstone's having taken a new office in a court adjoining the side door of the Stock-exchange against that day for Mr. Fearn, their principal broker, without having having previously acquainted him with his intention. An affidavit by Lord Cochrane was then read, which admitted the coming of Berenger to his house on Feb. 21st, but stated that he was in a green uniform, which he took off, putting on a black coat which his Lordship gave him for the purpose of waiting on Lord Yarmouth. The affidavit further averred that Lord C. had no knowledge whatever of the imposition, and stated that he had given instructions to his broker to sell out the whole of his omnium at a rise of one per cent.

Mr. Le Marchant was next examined with respect to a conversation held with Berenger; and he deposed, that having asked him how he could go to America under the command of Lord Cochrane (as he had said his intention was) with the embarrassments he lay under, B. replied that he was easy on that score, because, for the services he had rendered Lord C. and Mr. C. Johnstone, whereby a large sum might be realised in the funds or stocks, Lord C. was his friend, and had told him he had kept a private purse for him. The hon. Alexander Murray, a prisoner in the King's Bench, also deposed to a great intimacy between Berenger and Mr. Cochrane Johnstone.

Another examination of witnesses to a considerable length was consequent upon the capture of Berenger, who had absconded, at Leith, when there was found in

his possession certain papers and bank notes, which last he was very urgent to have restored to him, but which were detained, others of corresponding value being given to him. From an entry in his me morandum book there appeared to be a sum of 540l. part of which he had expended, and the remainder was in the notes in his possession. All these notes, as well as most of those he had paid away, were with great industry traced to Lord Cochrane, Mr. C. Johnstone, and Mr. Butt.

This closed the evidence for the prosecution.

The business on the following day commenced with the evidence for the defendants. Letters were first adduced which passed between Le Marchant and Lord Cochrane, and which went to contradict the evidence he had given.

Lord Melville was then called for the purpose of proving that admiral Sir A. Cochrane had made application to be allowed the service of Berenger, in his command on the North American station. Colonel Torrens, secretary to the commander in chief, was examined to the same point, as was Henry Golburn, Esq. The intention in these examinations was to confirm Lord Cochrane's statement, and to show a connection between the parties independently of any other transactions. King, a tin-plate worker, next deposed to Lord C.'s being at his manufactory in Cocklane, on the morning of the 21st, whence he was called by a note, brought to him by his servant.— Dewinan, a servant of Lord Cochrane's, deposed to a gentleman's coming to their house in a backney coach, and writing the note, which he brought to his Lordship.

Mr.