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    the manufacture of the rockets , which had been carried oft for some thne > wan closed towards the end of the last year , but was again re-opened about the commencement of the present year . The work 8 were then resumed , and were carried on under the constant superintendence of the defendants and a person named Boy-Ian . Wheu the seizure took place , as he understood , Boylan , who was there , in answer to the application of the officer to see that part of the factory which was usually called the magazine , refused , saying that he

    had not the key , and that as neither of the Mr . Hales was there , he could not allow him to see it . Ultimately , however , on the threat to break open the door , the key was brought forward , the place examined , and there was found the greater part of the gunpowder which was Seized , and which formed the subject of this inquiry . Time was given to communicate with the defendants , but no notice was taken by them , and the gunpowder was removed , he believed , by water carriage , to the Royal Arsenal .

    The various officials engaged in the seizure then gave their evidence , and several persons gave evidence on the part of the prosecution , with the view of showing that what was seized constituted " gunpowder" under the act . A police constable had fired a bullet with it through a board . Mr . Tozer , of the Woolwich laboratory , said that a composition such as bad been seized was used by them for driving fusees to explode shells . After some discussion , Mr . Henry decided that there was no case against Mr . Hale , jun ., as it had not been proved that he had any authority .

    Mr . Clarkson addressed the magistrate on behalf of the elder defendant , confining himself to the only point which the magistrate would at present have to decide" gunpowder or no gunpowder . " To prove that the composition Seized was gunpowder his learned friend had called three scientific gentlemen ; the first of whom , Mr . Way , had admitted that he never saw gunpowder made in his life , and that , in fact , he knew nothing about its manufacture ; the second , Dr . Hoffman , had confessed that he also was in the same situation in regard to practical knowledge ; and the third , the Superintendent of the Government works at Woolwich , had sworn that he never saw any gunpowder that had

    not been granulated , though occasionally , and for particular purposes , powder was used at the arsenal which , having been granulated , was subsequently reduced from the granulated state . Among the other objects this act had in view was to prevent the keeping of improperly large quantities of gunpowder near large towns , to prevent the danger that would arise from explosion . But Mr . Hale ' s factory , where this composition was seized , was near no large town , but was in a thinlypopulated district near the river , and on the banks of a canal ; and , in looking at this case , he reminded the magistrate that this was a charge brought under a penal act of Parliament , which must be strictly constrned . He did not doubt but that the decision would

    be just , but he intimated that if it should be against his client it would be carried to the ultimate source to which the law enabled him to appeal . Mr . C . Curtis , of the firm of Curtis and Harvey , gunpowder-manufacturers , and Dr . Ure , Professor of Chemistry , then gave evidence to prove that the composition which had been seized was not gunpowder according as that term' was understood in science and in the trade . Dr . Uro said : This material is not gunpowder , but composition . Composition differs in its explosiveness from gunpowder . Tt would " fizz" being fired , and not explode By the Magistrate : This composition would , of course , be much less dangerous on being fired than ordinary gunpowder .

    Mr . Bodkin replied , observing that the only real defence that had been urged wiis that contained in the last answor of the witness , that it was somewhat less dangerous than gunpowder . The question , however , was—Wbb the composition to all intents and purposes the same explosive matter as gunpowder , and likely to endanger the lives of her Majesty ' s subjects ? It could not bo supposed that the Ijegislature would tolerate the keeping a substance of this dangerous character merely because it was not granulated , although it possessed all

    the explosive qualities of gunpowder . The evidence of Dr Ure was , that this could not be called good gunpowder , and the whole question then was , whether it could be looked upon as gunpowder in the ordinary intent and moaning of the act of Parliament . The learned gentleman then pointed out the ingredients and proportions of the composition as it had been analyzed by competent persona , and submitted thiit there could be no doubt that the articlo was gunpowdor , and ( hat the defendant had rendorod himself liable to the penalties under the act .

    Mr . Henry said ho would tako time to consider his docUion ; and Thursday w « h appointed for the political act of the drama .

    Accordingly , the proceedings were renewed on Thursday . The court , was crowded to excess . The summons was heard on Saturday last relative to the possession , by Messrs . Hale , of an excessive quantity ' of gunpowder . Mr . Henry now gave his decision upon the first summons , as follows : — The defendants were summoned for having kept within three miles of the City of London , a greater quantity of gunpowder than is permitted by the provisions of the 12 th George III ., chap . 61 . It was admitted that the premises where the seizure was made belong to the defendants , and that the quantity found exceeds what the law allows ; but it was contended that the article seized was not gunpowder , and that is the question to be

    determined . It was proved hy scientific witnesses who had analyzed the powder in question , that it was composed of nitre , sulphur , and charcoal , which are the same ingredients as are used for the manufacture of ordinary gunpowder ; but the difference relied upon is that the seized powder had not undergone the process of granulation , and that the omission of that process contra-distinguishes it from gunpowder . Having taken time to consider that question , and having looked into the history of the manufacture of g unpowder , I am , satisfied that the distinction relied upon is not well founded , and that the powder which was seized is gunpowder within the meaning of that word , ¦ whether taken in its ordinary , scientific , or legal acceptation . On referring to the Mncyclopcedia Britannica ,

    title " Gunnery , " I find it stated that for some time after gunpowder was introduced , it was always manufactured and used without the process of granulation , and that that process is a comparatively modern improvement , previously to which the only powder in use was un granulated , or what is in the trade termed " meal" powder . In the same work , under the title " Gunpowder , " the definition of that word is thus given : — " A composition of nitre , sulphur , and charcoal , usually granulated , " implying , therefore , that sometimes and for some purposes gunpowder is not granulated . I now proceed to consider whether the Act of Parliament was intended to apply to gunpowder generally , or only in a limited sense of that word ; and I think it is manifest , from the title and preview to

    amble of the statute , that it was passed with a include within its provisions every species of gunpowder in all the stages of its manufacture . It is entitled " An Act to regulate the Making , Keeping , and Carriage of Gunpowder , " and the preamble recites , " That whereas the manufacture , though necessary to be encouraged as an article of defence and commerce , " yet ought to be regulated by law , in order to prevent the great mischiefs which may arise from explosions , " &c . It then proceeds to enact that no person shall in any manner manufacture , or keep , or carry gunpowder , except as therein provided . The 11 th section is the one under which the defendants were summoned , and it provides that no person shall have or keep at any one time , in any place within three miles of the cities of Xondon or " Westminster , or within one mile

    of any other city , borough , or market town , a greater quantity than 2001 b . in weight , if he be a dealer in gunpowder , or than 60 lbs . if not a dealer , on pain of forfeiting all above the allowed quantity , and also 2 s . for every pound of the excess . I am of opinion that Whether the powder be granulated or " meal" powder , or whether it be for grin , rocket , or mining use , it is equally gunpowder within the provisions of that section , and within the mischief which it was intended to guard against . It must bo obvious to every one , and to no one more than the defendants themselves , that if a fire were unhappily to occur upon

    their premises , an explosion of such powder and materials as were found there could not fail to be very destructive in such a populous neighbourhood , and , if it wcro attended with a loss of life , they would bo liable to a prosecution of a much more serious nature than the present . It only remains for mo to adjudge that all the- powder seized beyond the allowed quantity shall be forfeitod , together with the barrels in which it . was contained , and that tho defendants shall pay 2 s . for every pound boyond such allowed quantity , and I adjudge tho excessive quantity of gunpowder to be 67 pounds in weight . Mr . Buroaby ( chief clerk ) . —Tho amount is U . 14 * . that tho

    Mr . Bodkin thought it had not been proved defendant ( William Hale ) was a dealer within tho meaning of tho Act , and , 'if pot , tho limit would bo 50 lbs . Mr . Clarkson ohjectcd to this question being opened at tho present stage of tho proceedings ; and , with respect to the barrels , he boliovod tho powder was not kept in barrels . Mr . Henry . —I must tako tho words of tho Act . Willinm Hale , Robert Hale , and James Boylin then appeared at tho side bar to answer the chnrgo of having , at various intervals between the 13 th of September , 1852 , and the 13 th of April inst ., made , or caused to be made , divers largo quantities of rockets , to wit , 1000 rockets , on certain premises near tho Lower Dentford-roud .

    Mr . Hodkin , in opening tho cane , stated that theso proceeding's wore taken under the 9 th and 10 th of William III ., chap . 7 , soc . 2 , which prohibited tho manufacture of any rockets , squibs , or other fireworks , or cases or moulds for the same , after tho 25 th of March , 1698 , by any person whatever—a penalty of 51 . for each oflbneo being provided by a subsequent section of the act . Ho did not know whether it was tho intention of tho learned counwol for tho defendants to contend that thin aot was not lovolled against war rockets , an distinguished from the rockotH commonl y exhibited for amunemnnt . But to show that tho provisions w < u * o intended to comprehend every description of rocket liable to explosion , it was only ncooHBary to refer to thoso clauses of tho act which made a ppeoial exception in favour of certain parties therein named . By « w 4 th " section her Mftjwfcf * Ordnance nwempowerod

    to give orders or directions for the manufacture of rockets , Ac , and the 6 th clause also exempted the Artillery Company of the City of London , the Militia , or any other body in the lawful exercise of warlike arms , from the operation and penalties of the act . It was obvious , therefore , that no such distinction was intended by the framers of this act . With respect to the rockets now under consideration , their manufacture and destructive power would be described in evidence . He should show in evidence that the process of manufacture was going on for 40 or 60 days , within the cognizance of the witnesses , and he submitted that the defendants would be liable to the penalty for every separate day on which they were proved to be occupied in making them . The learned counsel then described a correspondence which took place between the elder defendant ,

    William Hale , and the Board of Ordnance , in December , I 860 , and in January , 1851 . The defendant had described himself as tie inventor of a new kind of rocket , and he applied to the board for an opportunity of testing its capacity . An opportunity was subsequently afforded , and the experiments were made at the expense of the board , but as they proved unsatisfactory , the defendant was informed that the Government declined to become either the patron or the purchaser of his rockets . A few months afterwards , in 1851 , he further applied to the Government to purchase his rocket cases , and to test a machine for firing rockets : but the application was refused , and no further negotiation took place . The fact , however , of his

    having a great number of rocket cases at this time , which had been since , apparently , filled up and prepared for service , showed the active nature of the operations which had been going on at the factory since 1851 . It became known , indeed , that from October last there were a great many workmen in employ there , some of whom , were foreign refugees , and the whole of their proceedings were evidently carried on in the greatest possible secresy . These were circumstances which , it was obvioua were calculated to excite the suspicions of Government , and whatever might be the result of these proceedings no living man could question the propriety of instituting some inquiry into the subject . It was for Mr . Hale to state what was the

    object of this extensive manufacture of war rockets . It had been stated that he was in the habit of exporting them through the Customs , and , in order that no effort should be spared to investigate the facts of the case , a search had Been made through the shipping records at the Customs over a period of several years without their being able to discover the name of Mr . Hale as an exporter . Another circumstance he ( Mr . Bodkin ) could not help adverting to , although he did so with great reluctance , having no desire to give the defendant unnecessary pain . The cost of the rockets found on his premises was estimated at 10007 . or 2000 Z . Where did the money come from ? Mr . Hale was only lately a bankrupt , and although the bankruptcy was superseded , it was

    done by the payment of 3 s . in the pound , or some such trifling sum . In conclusion , the learned counsel stated , that although the accumulation of such stores was sufficiently dangerous in itself to justify interierence , it was not pretended for a moment that the Government had been actuated by this consideration only ; and with tho view of satisfying the public mind , rather than that of his worship in a judicial point of view , certain witnesses would be called whose evidence would , he believed , lead every unprejudiced mind to the conclusion that tho Government were perfectly justified in the course which they had thought proper to take . Superintendent Evans repeated the evidence given Jast Saturday , proving the entry of the premises , and the seizure of 3629 shell hends , and 2489 tails , two

    instruments for firing rockets , and 79 boxes , about four feet long , and eight or nine in depth , filled with charged rockets . They were strong inch-deal packing cases , firmly screwed by 10 or 12 screws to each box . He also said—I saw Mr . Hale , sen ., tho next morning-, at Scotland-yard , and at his desire I showed him my authority to search his premises , upon which he said , " There was not a particle of gunpowder in the place , and those rockets I have had by mo for two yonrs . I export rockets through the Custom-houao to Copenhagen , Hamburgh , and other places , and shipped Romo by the John Hull steamer last August . I have offered them to Government , as Sir Thomas Hastings will tell you , and I wish they would buy them . "

    Cross-examined . —Tho nearest house to tho factory is about 200 yards off , except a largo building , which I think is a dwelling-house , at the rico mills . The neighbourhood is isolated rather—not thickly covered with hounes . John Saunders , a sergeant of tho detective police , took possession of the property . Ralph Field Thomas , 18 , Thames division , on tho 4 th of April last , saw the younger Halo go into tho factory ^ and Boylin let him in ; saw them both insido at work with something' in their hands ; had previously had his attention drawn to tho factory . Mr . Hale , wen ., and another gentleman , called the sumo afternoon . Suw Robert Hale and Boylin there also on tho 6 th , nnd W . Halo in the afternoon . Saw Robert Hale and Boylin there on the 6 th also , and heard tho rapping going on , denoting that they wore at work .

    Cross-examined . —1 had been employed to watch tho placo by my superintendent , and was about seventy yards off . I went each day in various disguises . Augusto TTnoner . —I have boon for 15 or 10 years an officer in tho Prussian Artillery , and served in the Hungarian war as major of the nta ) F . I was employed by tho MoHHrtt . Halo in making rockotH at Kothorlutho about tho oIoho of September last year , and worked for them to tho beginning of November . I knew nothing of tho Hales before I went to b « employed . 1 was introduced to thorn by M . Koasuth . I first saw M . Kooouth on the subject last nummer , on , his Teturn from Aznerioft . About tho

    Untitled Article

    April 80 , 1853 . ] THE LEADER , 417

• Citation
  • Leader (1850-1860), April 30, 1853, page 417, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1984/page/9/