The Express.
London, England, 1851-02-07 00:00:00

THE EXPRESS, FRIDAY EVENING, FEBRUARY 7, 1851.

and ultimately signed the order after some dieettesion. On
mashing at Antwerp, he discovered that he wee right, and
on his return to England he complained to Hero, who
knew well that the facts wen as stated; however, no re-
dress was given, although the bags were then in the ware-
how. It would be shown that the contents of these very
hags were converted into "sweepings," in order to blind
the officers. The learned gentleman then referred to
the cocoa transaction. At the West India Docks the re-
turn for sweepings of cocoa for five years was actu-
ally nil, and for ten yearsit was only 161 be. ; but the
London Duck Company claimed 8,000 lbs., which
was a clear fraud upon the shipper and the crown.
and it was the duty of the latter to protect the shipper in
every way that was possible. It would he said that these
proofs would he ifiTZ/1 by persons who bad been the de-
fendant.' servants, and they would be met with the impu-
, taboo that they had been discarded, but they were not dis-
aearded until after interrogation. They made a full and
open avowal of their participation in those frauds. In coo-
-1 elusion the learned counsel hoped the defendants would
satisfy Oil jury of their innocence of the serious charges
alleged against them.
Mr. James Oldham esamined—l am a landing waiter.
After the report made by the captain, the eonsignee obtains
• delivery order, and the cargo is discharged from the ves-
sel upon the delivery order. 1 he tide sailer takes the tales of
the goods. If there was any excess it was the practice to
land them " under stop" to amend the report and entry.
The goods are then delivered to be housed. Samples are
drawn from the different packages for the purpose of sort-
' log them. (The wither.. then explaiucd the mode in which
the samples were taken.) A cargo of sugar would range
, from 4,000 to 10,000 hags. Samples were taken 1..0rn each.
I have seen coffee and cocoa on the floor tint cleanly swept,
so as to make the parcel one. Three or four ounces are
taken from each Isar. In that way a ton of sugar
might be taken. the landing waiter after weigh-
,mg the goods. files them, and charges the duty.
(Landiag aitoor's lx..k handed to witness.) It frequently
happens that the packages arc broken on landing or during
the voyage. The practice is to put the contents of these
packages into the company's bags. If very dirty the corn-
.lll:Yetten:ttahl:owutratheintglsouoref twhehiver;i4n(ndehret7teeisZt4nuiltot '
the company. The escape of molasses would he also the
perquisite of the company. It is called the "sugar
drainage." The sugar crystallise* outside the vessels, it is
acraped off and belongs to the company. I don't kuovr
any other source of perquisite the company have except the
scrapings, swifiging+, and drainage. Cocoa comes in hey
in the ;carry. I don't think there should be any sweepings
of cocoa. All the sweeping. before the weighing should be
carried to the crown'. account. The Customs have allowed
three-fourths of the duty on the dry sugar and one-fourth
on the wet. I believe that has been the general allowance.
Iwr at the London Docks on the Bth of March last. I
went to No. 3 warthoueo, North Quay, No. 16. Cleaver
pointed out several packages, amongst others there were
nine packages of cocoa. I examined them all. There were
two package* of cocoa which I considered clean. In conee-
quenee of that I sent for the company's foreman and wan.o-
houw-keeper. I asked the warehouse-keeper what cocoa
that was, and the answer I received was—
Sir F. Kelly objected to the evidence, but it was received.
Examination resumed—The warehouse-keeper referred
to Day, and Day said they were sweepings. Esther Day or
Pearce said so. One was clean cocoa sweepings, the other
was marked sweeping., of clean cocoa. (Witness produce*
sample. of the two bags.) That is sound cocoa. 1 would
not as a Custom-house officer pine cocoa of that description
without full duty being paid. No. 161 s considerably larger
than this court. I *bond...oven more bags iu another part of
the room. They contained 46011 m. Two of the seven had
a purtama of dirt mixed with them. The other five con-
tained clean gousl cocoa. I have samples of each (produce+
them). I eakel the warehouse-keeper where these hags
came from. lie said they were sweepings. I found four
other. in another part of the room. 'They were covered
over by " gunuy bags... I have samples of Huse. I think
they might be made available by sifting. I seized all these
bags. The deputy warchuuee-keeper wan present all the
tame. H.. said that the clean cocoa was wanted to make up
deficiencies. 1 wised them because they appeared never to
hare been taken to account for the crown. 1 should have
Waisted on each goods being taken into account. I was
asked to allow them to make up deficiencies from the bags
I had wilted. I examined the hags add to have been de-
ficient, and I found them not deficient. 1 think the total
increaae was 81fills. The loose cocoa was quite sufficient to
meet the deficiency in any. of the bags. I thought there
might be some inaccuracy in the beam or weights. We
found the beam correct, but one of the weights (half hun-
dred) was deficient llb. Goo. It was nut used.
Cressexasnitied—l am sure it was we discovered the
weight was deficient. It was a London Dock weight. Upon
the arrival of a vessel in the London Docks an officer of
Customs is on board the vessel until she is discharged.
%When the monde are lauded they are counted by the tide-
waiter and the Dock Company's officers. Sometimes errors
'are committed. I have heard it said frequently, but I have
never seen it. The hulking is altogether done by the tom-
' pany's officers. Custom-house officers arc never present at
the bulking. They art present at the weighing always.
Sir F. Kelly—lf the Dock Company had robbed • mer-
chant ..f ten bags of coffee—suppose th. v had received 600
hen, and gave away only 490--would the ten bags pay
duty if they were not secreted ?
Witness—l think not. If a merchant sent for twenty
hags of coffee or sugar the foreman might take away two
additional bags and escape the duty. They cannot
the duty at some time or another, except by clandestinely
removing th.oae ..r exporting them. There ia now and then,
hare hard. an races of goods. 1 have been seven or
eight yean in the employ of the Customs, and four of them
a! the London Docks. I have known applications to have
b.. n ma hl to allow parties to export certain warehouse
...weeping+. If the Dock Company had robbed a merchant,
they would pay the same duty as the merchant would. All
other cu4omable articles, except sugar, pay the Mlle
amaunt of they. I have signed the applications myself for
the company to export " warehouse sweepings." If any-
thing unlawful had been done, the Customs would
refuse permission to export. During the four years of which
I have spoken. there have been " takings to account" of large
quantities, of goods between the Customs and the company.
There were accounts of immense quantities of goods. These
takings to account take place at intervals of a year or more.
The last " taking to account" was in March, 1840. The
duty is paid according to the weight of the landing waiter.
It undoubtedly happens very frequently that from vermin
or rottenness of the packages, or some other causes, a por-
tion of their contents is lost. In the articles of coffee and
teem some portions escape in the act of landing, and others
in the warehouse. Where there has been an escape of any
considerable quantity, and not mixed with dirt, on board
ship, it taken into account ; when it has been mixed
with dirt 1 have known it to be taken as sweepings.
When small quantity is mixed with the dirt of the quay
keel( it becomes sweepings. If sugar was spilled, and was
very dirty, it was treated as sweeping., and charged 3•.
duty for. 1 don't know of any general average of damage
done. We take samples of spirits, but the merchant has
more than an equivalent, for they have two samples.
(Laughter.)
Re-examined.—The return given to the merchant is a
copy of our landing book. The landing account, or weight
note, is sent to the consignee. The rhumage sale of cargoes
consists of goods on which duty had been paid at some time
lor other. Legitimate sweepings arise from cargoes already
brought to account.
Edward Cleaver examined—l am • Curtom-house officer,
and was on duty at the London Docks on the 7th of March
last year. 1 pointed out to the last witness the nine or ten
begs which I saw deposited at No. 16 room that day.
Henry C. Browne examined—l am surveyor in the
Contonis. I eceornpanied Mr. Oldham last March. I knew
the last witness ; he pointed out ten bags and described
their weight and contents. Ile sent for the warehouse
keeper to ask him about the bags. He said they Wife
sweepings. They were sold as cargo, and such as I de-
ci.leeny should, u landing waiter, charge to the merchant. No.
16 is partly occupied by cargo and different other purposes.
lie sand all the cocoa that was clean, and left what was
dirty. Sugar drain., and is then brought forward for duty.
The only eognisance the Customs have of the goods is from
their books. If a parcel were removed there is no possi-
bility of • Custom-house officer missing it.
Ciose-examined.—l think that the dock company ought
to inform the Custom-house of any error or mistake that
ku been nenunitted.

Ke-examined—lt is not only the duty:of the consignee,but
it saves him 1001. penalty.
John Cockshot examined—l am alanding surveyor in the
customs. I accompanied Mr. Bunne on the 9th March
List to the room, 33, South Quay. We found some
cocoa and rice. The content. were very good. I went into
the next room afterwards. I found a great number of
sw,wpings in the warehouse generally. I found three bags
of cocoa there also. They were found under a wheel. It
did nut seem to be the proper place for such goods. There
were wheels in every fourth room to &i. I found under
the wheels 12 hags of cocoa (cargo) • I mean by cargo clean
cocoa. I asked as account of the warehouse keeper. I
asked him if he *mkt explain by what ships they were
imported. He said he was not able to tell me. The
person who was with me kept an account of the
goods we found in these several rooms. On the
16th of March I was at the Eastern Dock. I
found twenty-eight casks of sugar, containing 72.1 cwt.
1 spoke about it to the warehouse-keeper, who said it was
"sweeslllll.l.; " and the casks were slaked " warehouse
gweetthlts. The character of the sugar was Ann-class. I
seized the sugar. I walked the warobtrane with
Mr. Wicks. the deputy w I oil I should
be obliged if he told me what the with that sugar ;he
said "they exported it all." I s
rtedtip sums& the ems
should that
ay seized which
31s,Ogror 4,0001. worth lose =grind
I was a very short time there. I think I must lam IsE
several tons weight of sweepings.
Croweransiaed-1 List know anything of ewer*. nt
lannoge maim I have never teen Ills servant of the am.
tet2know of some who have subsistent* hum dig
who haw be in the employ of the dock cow
477 think it was Mr. Wicks I Ann saw when I
die seizure of which I spoke. I think Mr. Bpssalaf
ane in, se did Campion and Fen ; bat under the dine-
** of eyeaseloy. I most nano any one else. Compton
Oa Fed are use sow is the ender or pay of the Creams
MI ilmerMalle• Ns is a podium, and
asere=leasionally dist way.
did net coenider the thump ander leisure ;
tiler 1.111111011411 NSA by smokes pe!oon. I hare
boss twenty yen in the euttoss, bat lately is this telaa
put
At
Ave this store tier mot was aijosszsd, it Using thea
o'clock.
COURT OF BAEZ ---_
UPTCY.—Yzazzahy.

Dress ts. tessieriesse deur
Ix as C. Massox.
Dr brirept, tber saes bar tram, described r et
Xineurtist, brag seri brim erred to pre sM list