The Express.
London, England, 1861-11-28 00:00:00

THE POLICE COURTS.

MANSION-HOUSS

Mews. Charringtoo, Sells, and Co., coal • merchants, of
Clayteo Cram, were summoned before the Lord Mayor,
"tor that certain sacks of coals delivered by them to David
Howe, who is • coal dealer, were deficient in weight, oea-
tevy to the Ist and find Victoria, cap. 4, sec. 57.
M. Wearer appeared for the defence.
The complainant, David Howe, stated that he wu a coal
dealer, carrying on business at 117, Grvvel.lane, Howie-
ditch, and on the 19th November some coals were takes to
his hluse, which he bad ordered of the defendants, end
• ticket, which he produced, was brought by the airman,
sad which stated that he wu to receive two tons of words
coals in twenty sacks of 224119. each. le ins of the sacks
had been delivered when the ovum requested him to get
up is the van and move the sacks from the front of the van
to the tail He did so, and the first sack be took bold of
be said he would have weighed. There were weights and
melee with the van, u required by the act of parliament,
and the wok was weighed and was short, but an there was
no constable at hand be told them to empty it with the
others. The reelable cams, and saw wen of the sacks
weighed, and five of them were short, one was four pounds,
one five, one two, and two three pounds short in weight.
In answer to questions put by Mr. Goodman, the chief
clerk, he said he saw to pieces In the van, and the lacks
I were all open at the top.
fn being cross-rammed by Mr. Wontner be said he had
dealt with the defeodante for eighteen months, and that was
the first time he bad weighed their coola. He did net say
be wanted ten tons of oaths, but if they had been robbing
Ins all the eighteen months ten tons would not make up
for it. He dal not tell the clerk that he would not take
less than six tons, but that six tons would not pay lidas.
He did not tell him what he had received from other firm
904 to summons them. He did charge some other oast.
dealers with giving abort weight, and they gave him
si. not to appear against them. The present summons
was the third he had taken out nodes. similar circumstances.
Be had received a lawyer's letter after be hod taken the
19191190121. . . .

—Yr. aoodmui Own asked him U be was aware that under
Um am of parlismeas the 61. would have sass to the poor.

1881.

unless the magistrate ordered half to pto the informer,
and that in taking the 51. front Messrs. Riekett and Co.,
he had taken that which would otherwise have gone to the
poor ?
The "Alamo said be wag not aware of that.
. . . .

The loTrilieryOr said enough had been said to show
the discredibility of the witness, but as there was another
witness, be must be hoard.
Police-constable 664 was then called, and stated that be
was called by the last witness to see some coals weighed,
and he saw "even sacks weighed, five of which were short
weight, namely, one four pounds, one five, use two, and
two three pounds short.
In answer to questions put by Mr. Headmen, be said a
sack was placed on the weight" to counterbalance the sack
on the other aide ; but the sacks were not weighed sepa-
rately.
Mr. Wontoer contended that the complainant had not
complied with the requirement" of the act, which required
that the canyon should weigh each sack if required, and
afterwards weigh each separate sack. He said he had wit-
' MEM to prove that every sack was full weight when they
! left the wharf, sod that the defeodaota took every precau-
tion against short weight. They. kept two men who weighed
the sacks before they were put into the van, and they were
afterwards weighed at the weighbridge at the gate of the
wharf.

The Lord Mayor said he had not the slightest idea that
any fraud had been intended by the defendanta, but it was
proved that there was a deficiency in the five sacks. It would
have been very much more satisfactory if the complainant
had weighed the whole, when be would have seen whether
there was a deficiency in all. Some of the other sacks might
have been over weight.
Mr. Wontner said he was prepared to prove that the sacks
were full weight when they haft the wharf.
The Lard Mayor said that even if that were so it would
not get rid of the fact that the five maks were abort weight.
There was no doubt that the weight was right when they
left the wharf ; but the duties of the merchant did not end
there. He was bound to deliver the proper weight, and
whether some pieces fell out of the sacks through the care-
lemsees of his servants, or through their pilfenog, he was
equally liable.
Mr. Wontner said that some of the coals might have fallen
out and have been put into the other sacks at the tail of
the van, which woukl, of course, be the handiest to get at.
The Lord Mayor said if he could show that it was pro-
bable that the 000iplaisnot got hie full wnight, it would be
a different thing.
Mr. Woutner said there was very often a great difference
in the weight of the sacks thenmelvsa, sea said that • Petal
act ought to be interpreted very strictly, and the act re-
quired that the carman should weigh the male it required to
do so, and also weigh each empty sack separately, which
bad not been done, and which had rendered the carman
himself liable to a penalty for which the master was Dot
liable.

The Lord Mayor said he was of opinion the cue was
clearly made out that there wu • slight deficiency in the
weight of the fire sacks, and that as the complaisant did
not begin to weigh them until some had been talus oat,
there might hare been the weight, probably some had
fallen in the van. Seen" how small the deficiency was he
thought he should be doing Judie, to the public be
Mc a fine of one shilling on each sack deficient. His lad-
ship also ordered that no pert of the fine should be give. to
the informer.