Chapter 9

Alexander Brady, a grocer, (_See p. 182_) prosecuted and convicted of selling _sham-coffee_, said, "I have sold it for twenty years." Some of the persons prosecuted by the Solicitor of the Excise for this fraud, we might, at first sight, be inclined to believe, were inconscious that the adulterating of genuine coffee with spurious substances was illegal; but this ignorance affords no excuse, as the Act of the 43 Geo. III. cap. 129, explicitly states: "If after the first day of September, 1803, any burnt, scorched, or roasted pease, beans, or other grain, or vegetable substance or substances prepared or manufactured for the purpose of being in imitation of or in any respect to resemble coffee or cocoa, or to serve as a substitute for coffee or cocoa, or alleged or pretended by the possessor or vender thereof so to be, _shall be made_, or kept for sale, or shall be _offered_ or _exposed to sale_, or shall be _found_ in the custody or possession of any _dealer_ or dealers in or _seller_ or sellers of _coffee_, or if any burnt, scorched, or roasted pease, beans, or other grain, or vegetable substance or substances not being coffee, shall be called by the preparer, manufacturer, possessor, or vender thereof, by the name of _English_ or _British_ coffee, or _any other name_ of coffee, or by the name of _American_ cocoa, or _English_ or _British_ cocoa, or any other name of cocoa, the same respectively shall be forfeited, together with the packages containing the same, and shall and may be seized by any officer or officers of Excise; and the person or persons preparing, manufacturing, or selling the same, or having the same in his, her, or their custody or possession, or the dealer or dealers in or seller or sellers of coffee or cocoa, in whose custody the same shall be found, shall forfeit and lose the sum of one hundred pounds."

_The Attorney-General against William Malins._--This was an information filed by the Attorney-General against the defendant, charging him, he being a dealer in coffee, with having in his possession a large quantity of imitation coffee, made from scorched pease and beans, resembling coffee, and intended to be sold as such, contrary to the statute of the 43d of the King, whereby he became liable to pay a fine of 100_l._

J. Lawes deposed that he had lived servant with the defendant; he constantly roasted pease and beans, and ground them into powder. When so ground, the powder very much resembled coffee. Sometimes the sweepings of the coffee were thrown in among the pease and beans. Witness carried out this powder to several grocers in different parts of the town.

Thomas Jones lived with the defendant. His occupation was roasting and grinding pease and beans. They looked, when ground, the same as coffee. Witness had seen Mr. John Malins sweep up the refuse coffee, and mix it with the pease and beans. He had taken out this mixture to grocers.

J. Richardson, an excise-officer, deposed, that, in December 1817, he went to the premises of the defendant, and there seized four sacks, five tubs, and nine pounds in paper, of a powder made to resemble coffee. The quantity ground was 1,567 pounds; it had all the appearance of coffee; and a little coffee being mixed with it, any common person might be deceived. He also seized two sacks, containing 279 pounds of whole pease and beans roasted. Among the latter were some grains of coffee. The witness here produced samples of the articles seized.

John Lawes deposed, that the articles exhibited were such as he was in the habit of manufacturing while in Mr. Malins' employment.

The jury found a verdict for the Crown.--Penalty 100_l._

_The King against Chaloner._--Mr. Chaloner, a dealer in tea and coffee, was charged on the oaths of Charles Henry Lord and John Pearson, both Excise officers, with having in his possession, on the 17th of March, nine pounds of spurious coffee, consisting of burnt pease, beans, and gravel or sand, and a portion of coffee, and with selling some of the same; also with having in his possession seventeen pounds of vegetable powder, and an article imitating coffee, which contained not a particle of genuine coffee.

The defendant was convicted in the penalty of 90_l._

_The King against Peether._--This was an information against Mr. Thomas Peether, tea and coffee dealer, charging him with having in his possession a quantity of imitation coffee (or vegetable powder) on the 25th of April last.

The case being proved by the evidence of several witnesses, the defendant was convicted in the penalty of 50_l._

_The King against Topping._--This was an information against Mr. John Lewis Topping, a dealer in tea and coffee, charging him with having thirty-seven pounds of vegetable powder in his possession. The article seized was produced to the commissioners of the Excise.

The defendant was convicted in the penalty of 50_l._

_The King against Samuel Hallett._--The defendant, Hallett, a grocer and dealer in tea and coffee, was charged with having seven pounds of imitation coffee in his possession.

Charles Henry Lord, an officer of the Excise, being sworn, stated, that he and Spencer, an officer, went, on the 28th of February last, to the shop of the defendant, and asked for an ounce of coffee, at three halfpence per ounce. He received the same, and having paid for it, left the shop. He examined the article, and found it was part coffee, and part imitation coffee, or what the defendant called vegetable powder, which is nothing more nor less than burnt pease and beans ground in a mill.

Spencer, the officer of the Excise, corroborated the above evidence, and stated, that the sham-coffee seized at the defendant's house was shown to Mr. Joseph Hubbard, grocer, and tea and coffee dealer, in High-street, in the Borough of Southwark.

Mr. Hubbard being sworn, stated, that he had examined the sham-coffee seized by the officers in the defendant's shop. The one ounce purchased by Lord, he knew to be nothing else than black pigeon's beans; there was no coffee amongst it.

The defendant was convicted in the penalty of 50_l._

_The King against Fox._--Mr. Edward Fox, grocer, and dealer in tea and coffee, was charged with having a large quantity of sham-coffee in his possession, and with selling the same for genuine coffee.

Henry Spencer, an officer of the Excise, stated, that on the 21st of February he and Lord, another officer, went to the defendant's shop and purchased an ounce of coffee, for which he paid three halfpence. They examined it, and he was satisfied it was not genuine coffee; they purchased another ounce (which he produced to the commissioners of the Excise, who examined it); they were convinced it consisted partly of coffee and beans and pease.

The defendant, in his defence said, that the poor people wanted a low-price article; and by mixing the vegetable powder and coffee together, he was able to sell it at three halfpence an ounce; he had sold it for years; he did it as a matter of accommodation to the poor, who could not give a higher price; he did not sell it for genuine coffee.

_Commissioner._--"Then you have been defrauding the public for many years, and injuring the revenue by your illicit practices: the poor have an equal right to be supplied with as genuine an article as the rich."

He was convicted in the penalty of 50_l._

_The King against Brady._--The defendant, Mr. Alexander Brady, grocer, and dealer in tea and coffee, was charged with having, on the 28th of February last, in his possession eighteen pounds of sham-coffee, and selling the same for genuine coffee.

Lord and Pearson, Excise officers, stated, that they purchased an ounce of coffee of the defendant, on the 28th of February, and upon examining it they discovered that it was made up of pease and beans, ground with a small quantity of coffee. They also found eighteen pounds of vegetable powder mixed with coffee, in a state prepared for sale, wrapped in papers.

One of the commissioners tasted some of the eighteen pounds of sham-coffee produced by the officers, and declared that it was a most infamous stuff, and unfit for human food.

_Defendant._--"Why, I have sold it for twenty years."

_Commissioner._--"Then you have been for twenty years acting most dishonestly, defrauding the revenue; and the health of the poor must have suffered very much by taking such an unwholesome article. Your having dealt in this article so long aggravates your case; you have for twenty years been selling burnt beans and pease for genuine coffee.--You are convicted in the penalty of 50_l._"

_The King against Bowser._--The excise officers stated, that on the 28th of February they went to his shop: he was a grocer, dealer in tea and coffee; they seized seven pounds and a half of vegetable powder, which contained very little coffee, if any; and also a quarter of a pound of coffee mixed with vegetable powder.

The defendant pleaded guilty to the charge, and prayed the court to mitigate the penalty. He was convicted in the penalty of 50_l._

_The King against Thomas Owen._--The defendant, an extensive dealer in tea and coffee, appeared to an information charging him with having in his possession, and selling, a quantity of deleterious ingredients, and mixing them with coffee.

Charles Henry Lord deposed, that on the 26th of February, he found, at the shop of the defendant, nineteen pounds of a composition consisting of beans and pease ground, and prepared so as to imitate coffee. He also discovered two pounds and a half of a mixture of coffee and vegetable powder. On the same day he proceeded to another shop of the defendant, and he there found five pounds more of the same stuff.

Samples of the composition, in its mixed and unmixed state, were produced.

Mr. Lawes addressed the commissioners on behalf of the defendant, in mitigation of punishment; for he did not mean to deny the offence. His client was a very young man, and had been most unfortunate in business. He was not aware until lately of the existence of any law by which it could be punished.

The Commissioners observed, that they had a double duty to perform, namely, to protect the revenue from fraud, and to prevent the public from being imposed upon and injured by ingredients served to them instead of the food they intended to purchase. The fraud upon the revenue was, in the estimation of the court, the least part of the offence. Under all the circumstances, however, the court was inclined to be lenient to the defendant.

He was convicted in the penalty of 50_l._ for each quantity of sham-coffee.

Mr. Greely and Mr. William Dando were fined 20_l._ each; and Mr. Hirling and Mr. Terry were fined 90_l._ each for selling spurious coffee.

The adulteration of ground coffee, with pease and beans, is beyond the reach of chemical analysis; but it may, perhaps, not be amiss on this occasion to give to our readers a piece of advice given by a retired grocer to a friend, at no distant period:--"Never, my good fellow," he said, "purchase from a grocer any thing which passes through his mill. You know not what you get instead of the article you expect to receive--coffee, pepper, and all-spice, are all mixed with substances which detract from their own natural qualities."--Persons keeping mills of their own can at all times prevent these impositions.

_Adulteration of Brandy, Rum, and Gin._

By the Excise laws at present existing in this country, the various degrees of strength of brandy, rum, arrack, gin, whiskey, and other spiritous liquors, chiefly composed of little else than spirit of wine, are determined by the quantity of alcohol of a given specific gravity contained in the spiritous liquors of a supposed unknown strength. The great public importance of this subject in this country, where the consumption of spiritous liquors adds a vast sum to the public revenue, has been the means of instituting many very interesting series of experiments on this subject. The instrument used for that purpose by the Customs and officers of Excise, is called _Sikes_'s hydrometer,[88] which has now superseded the instrument called _Clark_'s hydrometer, heretofore in use.

The specific gravity or strength of the legal standard spirit of the Excise, is technically called _proof_ or _proof spirit_. "This liquor (not being spirit sweetened, or having any ingredient dissolved in it, to defeat the strength thereof,) at the temperature of 57° Faht. weighs exactly 12/13th parts of an equal measure of distilled water;" and with this spirit the strength of all other spiritous liquors are compared according to law.

The strength of spirit stronger than _proof_ or _over proof_, as it is termed by the revenue officers, is indicated by the bulk of water necessary to reduce a given volume of it, to the legal standard spirit, denominated _proof_--namely; if one gallon of water be required to bring twenty gallons of brandy, rum, or any other spirit, to proof, that spirit is said to be _1 to 20 over proof_. If one gallon of water be required to bring 15, 10, 5, or 2 gallons of the liquor to _proof_, it is said to be 1 to 15, 1 to 10, 1 to 5, and 1 to 2, _over proof_.

The strength of brandy, rum, arrack, gin, or other spiritous liquors, weaker than _proof_, or under _proof_, is estimated by the quantity of water which would be necessary to abstract or bring the spirit up to proof.

Thus, if from twenty gallons of brandy one gallon of water must be abstracted to bring it to proof, it is said to be 1 in 20 under proof. If from 15, 10, 5, or 2 gallons of the liquor, 1 gallon of water must be abstracted to bring it to proof, it is said to be 1 in 15, 1 in 10, 1 in 5, and 1 in 2 under proof.

It is necessary to understand this absurd language, which is in use amongst the officers of Excise and dealers in spirit, in order to know what is meant in commerce by the strength of spiritous liquors of different denominations. And hence, for the business of the exciseman, a table has been constructed, expressing the strength or specific gravity of mixtures of different proportions of spirit and water, at different degrees of temperature; and according to this table the duty on spirit is now levied.

Brandy and rum is seizable, if sold by, or found in the possession of, the dealer, unless it possesses a certain strength.[89] The following are the words of the Act:

"No distiller, rectifier,[90] compounder or dealer, shall serve or send out any foreign spirits, of a lower strength than that of 1 in 6 under hydrometer proof,[91] nor have in his possession any foreign spirits mixed together, except shrub, cherry or raspberry brandy, of lower strength than as aforesaid, upon pain of such spirits being forfeited; and such spirits, with the casks and vessels containing the same, may be seized by any officer of Excise."

We have, therefore, a ready check against the frauds of the dishonest dealers, in spiritous liquors. If the spirit merchant engages to deliver a liquor of a certain strength, the hydrometer is by far the most easy and expeditious check that can be adopted to guard against frauds of receiving a weaker liquor for a stronger one; and to those individuals who are in the habit of purchasing large quantities of brandy, rum, or other spiritous liquors, the hydrometer renders the greatest service. For it is by no means an uncommon occurrence to meet with brandy, rum, and other spiritous liquors, of a specific gravity very much below the pretended strength which the liquor ought to possess.

The following advice, given to his readers,[92] by the author of a Treatise on Brewing and Distilling, may serve to put the unwary on their guard against some of the frauds practised by mercenary dealers.

"It is a custom among retailing distillers, which I have not taken notice of in this directory, to put one-third or one-fourth part of proof molasses brandy, proportionably, to what rum they dispose of; which cannot be distinguished, but by an extraordinary palate, and does not at all lessen the body or proof of the goods; but makes them about two shillings a gallon cheaper; and must be well mixed and incorporated together in your retailing cask; but you should keep some of the best rum, not adulterated, to please some customers, whose judgment and palate must be humoured."

"When you are to draw a sample of goods to shew a person that has judgment in the proof, do not draw your goods into a phial to be tasted, or make experiment of the strength thereof that way, because the proof will not hold except the goods be exceedingly strong; but draw the pattern of goods rather into a glass from the cock, to run very small, or rather draw off a small quantity into a little pewter pot and pour it into your glass, extending your pot as high above the glasses as you can without wasting it, which makes the goods carry a better head abundantly, than if the same goods were to be put and tried in a phial."

"You must be so prudent as to make a distinction of the persons you have to deal with; what goods you sell to gentlemen for their own use, who require a great deal of attendance, and as much for time of payment, you must take a considerably greater price than of others; what goods you sell to persons where you believe there is a manifest, or at least some hazard of your money, you may safely sell for more than common profit; what goods you sell to the poor, especially medicinally, (as many of your goods are sanative,) be as compassionate as the cases require."

"All brandies, whether French, Spanish, or English; being proof goods, will admit of one point of _liquor_[93] to each gallon, to be made up and incorporated therewith in your cask, for retail, or selling smaller quantities; and all persons that insist upon having proof goods, which not one in twenty understands, you must supply out of what goods are not so reduced, though at a higher price."

Such is the advice given by Mr. Shannon.

The mode of judging by the taste of spiritous liquors is deceitful. A false strength is given to a weak liquor, by infusing in it acrid vegetable substances, or by adding to it a tincture of grains of paradise and Guinea pepper. These substances impart to weak brandy or rum, an extremely hot and pungent taste.

Brandy and rum is also frequently sophisticated with British molasses, or sugar-spirit, coloured with burnt sugar.

The flavour which characterises French brandy, and which is owing to a small portion of a peculiar essential oil contained in it, is imitated by distilling British molasses-spirit over wine lees;[94] but the spirit, prior to being distilled over wine lees, is previously deprived, in part, of its peculiar disagreeable flavour, by rectification over fresh burnt charcoal and quick-lime. Other brandy-merchants employ a spirit obtained from raisin wine, which is suffered to pass into an incipient ascescency. The spirit thus procured partakes strongly of the flavour which is characteristic to foreign brandy.

Oak saw-dust, and a spiritous tincture of raisin stones, are likewise used to impart to new brandy and rum a _ripe taste_, resembling brandy or rum long kept in oaken casks, and a somewhat oily consistence, so as to form a durable froth at its surface, when strongly agitated in a vial. The colouring substances are burnt sugar, or molasses; the latter gives to imitative brandy a luscious taste, and fulness _in the mouth_. These properties are said to render it particularly fit for the retail London customers.

The following is the method of compounding or _making up_, as it is technically called, _brandy_[95] for retail:

Gallons "To ten puncheons of brandy 1081 Add flavoured raisin spirit 118 Tincture of grains of paradise 4 Cherry laurel water 2 Spirit of almond cakes 2 ------- 1207

"Add also 10 handfuls of oak saw-dust; and give it _complexion_ with burnt sugar."

METHOD OF DETECTING THE ADULTERATIONS OF BRANDY, RUM, AND MALT SPIRIT.

The false strength of brandy or rum is rendered obvious by diluting the suspected liquor with water; the acrimony of the capsicum, and grains of paradise, or pepper, may then be readily discovered by the taste.

The adulteration of brandy with British molasses, or sugar-spirit, becomes evident by rubbing a portion of the suspected brandy between the palms of the hands; the spirit, as it evaporates, leaves the disagreeable flavour which is peculiar to all British spirits. Or the liquor may be deprived of its alcohol, by heating a portion in a spoon over a candle, till the vapour ceases to catch fire on the approach of a lighted taper. The residue thus obtained, of genuine French brandy, possesses a vinous odour, still resembling the original flavour of the brandy, whilst the residue, produced from sophisticated brandy, has a peculiarly disagreeable smell, resembling gin, or the breath of habitual drunkards.

Arrack is coarsely imitated by adding to rum a small quantity of pyroligneous acid and some flowers (acid) of benzoe. The compound thus produced, however, must be pronounced a bad one. The author of a very popular Cookery Book,[96] directs two scruples of benzoic acid to be dissolved in one quart of rum, to make "_mock arrack_."

MALT SPIRIT.

Malt spirit, or gin, the favourite liquor of the lower order of people, which is characterised by the peculiar flavour of juniper berries, over which the raw spirit is distilled, is usually obtained from a mixture of malt and barley: sometimes both molasses and corn are employed, particularly if there be a scarcity of grain. But the flavour of whiskey, which is made from barley and oats, is owing to the malted grain being dried with peat, the smoke of which gives it the characteristic taste.

The malt distiller is not allowed to furnish, under a heavy penalty, any crude or raw spirit to the rectifier or manufacturer of gin, of a greater strength than seven per cent. over proof. The rectifier who receives the spirit from the malt distiller is not allowed, under a certain penalty, to sweeten the liquor with sugar or other substances; nor is he permitted to send out the spirit to his customers but of a certain strength, as is obvious from the following words of the Act:

"No rectifier or compounder shall sell or send out any British brandy, British rectified spirits, British compounds, or other British spirits, of greater strength than that of one in five under hydrometer proof[97]: and if he shall sell and send out any such spirits of a greater strength than that of one in five under hydrometer proof, such spirits, with the casks or vessels containing the same, shall be forfeited, and may be seized by any officer of Excise; and he shall also forfeit treble the value of such spirit, or 50_l._ at the election of the King's attorney-general, or the person who shall sue for the same; the single value of such spirits to be estimated at the highest London Price.[98]"

If we examine gin, as retailed, we shall soon be convinced that it is a custom, pretty prevalent amongst dealers, to weaken this liquor considerably with water, and to sweeten it with sugar. This fraud may readily be detected by evaporating a quantity of the liquor in a table-spoon over a candle, to dryness; the sugar will thus be rendered obvious, in the form of a gum-like substance, when the spirit is volatilised.