29 AUGUST 1840, Page 2

In the Sheriff' Court, on Thursday, an action against the

Bishop of Durlutin, to recover the sum of' 91. 18s. 4,151/. for groceries supplied to the Bishop's son whilst at Dr. Butler's school at Shrewsbury came on for trial. The defence to the action was, that the articles had been furnished not only without the knowledge of Dr. Butler, but in spite of his prohibition : it was also couteuded that the charges were exorbi- tant. The Under Sheriff told the Jury that Dr. Butler stood ia loco parentis; and as he had given express injunctions to the tradesmen of

ssaawsbury not to allow his scholars to run up bills, the action could 'lobe maintained. The Jury therefore found for the defendant. ssaawsbury not to allow his scholars to run up bills, the action could 'lobe maintained. The Jury therefore found for the defendant.

On Saturday, Joseph Lancaster, the gunner of the British Queen, was a ought before Mr. Ballantyne, at the Thames Police Office, charged v"rith basses been on board a vessel liable to forfeiture for having tobacco on board. Blackman Giles, a Customhouse-officer,

&saws , ,• , .• • „ gave the following t lac nec-

swing suspicion that a large quantity, of tobacco was intended to be run lathe crew of the British Queen, he made a very minute search on the lath, ilfound tobacco and cigars concealed in all parts of' the vessel. In a closet Pes the defendant's berth were 35011m. of foreign manufactured tobacco, and atm. of cigars." Ballantyne— how do you know it was his berth ?" Giles—" Ile said it was his. I i•emained on board all that night, the next by, and the followieg night ; omit on Thursday morning I made a further rampage of the ship, and asked the defendant for the keys belonging to some lockers which were abaft. The defendant t produced the keys, on! overhauled the lockers, but could find nothing in them. I found a stroll, smell of tobacco, and observed to the prisonor, that I was certain there had iicen tobacco con wad there, mid I think voa must have removed it this morning."rhe soner smiled, anti said, What makes you think that ?' I said, know there has been some tobacco removed from here this morning.' After some little hesitetiou, the prisoner said, Well, to he candid, it was removed this morn- ing; I then took up a grating on which people stand on the deck, and beneath it I found concealed 1651bs. of foreign manufactured tobacco, and 51-lbs. of cigars."

Ballantyne—" Was the tobacco in packages, or loose ?"

Witness—" It woos loose in papers; it is compressed tobacco, in small par- cels. This man, the gunner, was present at the time; and as Ma as I took bold of the first piece of tobacco, he appeared to change countenance, and left immediately. I did not meet with him until this morning, when I saw hint in Blackwell, and took him into custody."

Lancaster said that the closet where the first parcel was found was a sheep-pen, open to everybody. Gales said that the rudder could not be worked while the tobacco was under the grating; and the bunch of keys opened the locker from which Lancaster said the tobacco had been removed.

Lancaster was fined 100f. and ordered to be imprisoned until the fine was paid. At the same office, on Monday, Philip Roche, the ship's carpenter was brought before the Magistrate on a similar charge. Giles, the Custonthouse•officer, described the mode in which he found tobacco which had been hidden in various parts of the forecastle and fore-cabin. A portion of the tobacco the prisoner owned to be his. Roche protested his innocence. He received the saute sentence as Lancaster.

The whole quantity of tobacco seised by Giles, up to Monday, anointed to nearly 1,800 pounds. Of course it is not supposed that the Steam Company, or the superior officers of the vessel, had any cogni- sance of the attempt to defraud the revenue ; but Mr. Ballantyne said more than once, during the investigation on Saturday, that there must have been a bad look-out on the part of the master and officers, or such a large quantity of contraband tobacco could not have come on board, Captain Roberto of the British Queen, considering that these obser-

vations of Mr. Ballantyne reflected on the conduct of Ithnsell and hie officers, attended at. the Poliee-office on Wednesday, to explain the cir- cumstances under which the ship is loaded at New York, and to clear himselffrom all suspicion in the case. He said—

When the British Queen arrived at New York, she was invariably moored close alongside the quay, in such a manner that her port-holes were level with it She was then enabled to take in her supply of coals ivitliout the ti-out le of hoisting them over the ship's sides. Wldle the vessel was in this situation, the laboarers wheeled the coals in at the port-helss, and very often were engaged at this the whole of the night; so that they had the greatest facilities for smuggling the contraband articles into the ship, in spite of any precautions he might take to prevent it, unless he was to eXalaille personally every wheel- harmful of coals that went on board, which was utterly impossible. In allitioa to this, the tobacco-warehouse was immediately adjacent to where the ship was moored; and this probably afforded extra opportunities for smuggling.

Ballancyne slid, he felt perfectly satisfied, after this explanation, that there had beea no culpable omission of duty on the part of the officer& Captain Roberts, in answer to a question front the Magistrate, said that the Commissioners of Customs had not yet come to any decision on the ease.