The British Press; or, Morning Literary Advertiser.
London, England, 1825-04-15 00:00:00

LAW INTELLIGENCE.

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CIOURT OF !LINO'S BENCH, TavaaDAT, Aratn 14.
Alfa's Red dialogs after Hilary Tern, hefbre the 1.0111) CHM,
JUST ICh end a Sfrenai Jury.
11111YZ 11. ?DOLL.
This was an action brought to receiver certain penalties incurred
ti she ticiendant, under the " Coal Act."
Mn. TINDALL opened the pleadings.
The nest count to the declaration alleged that the defendant had
said and delivered to ehaldron of Wellington Main coals, as and
son Itasaell's Wall's End coal. There was a second count, charg.
kat ;he defendant with having delivered lb ehaldron of Ord's
Died Hough, se and foe Russell's Wall's End ; and a further
omit churged him with having delivered 5 chaldron of Townley
Asia, as and for Russell's-Wall'e End coals. The penalties sought
se be recovered were 201. upon each chaldron so sold and delivered.
The defendant pleaded the general Wets.
The ATT 011XIY-GX/1 Mien stated the case to the Jury. It
• .was well kumio that there were few trades more open and exposed
so fraudulent conduct on the part of those who embarked in them,
than the coal trade. The realities were very great for the MCC
extoosive impOsitioa to be practbsed, as a perseo may become •
seed imerchatitdeithout any capital. He had only to represent him.
eplf to be possessed of large collier* in the North of Englande
and when he had obtained an order Ihr coals, he could ito to the
Ccionarket, which was open to all, sad there buy with one hand
and deliver with the other. Of this description of persona, he be-
lieved, the defendant would prove to belong. He bad a wharf in
%Fater.lane, Fleet-street, where he carried on business under the
name of the " City of London Phoenix Cod Company." The
deindant had circulated a prospectus of the terms of the pretended
Coaapaoy, in which it was stated that coals were +nisi by the Com-
pany, under the inspection and superintendence of the Lord 3layor
and.Corrratien of the City of London, and that they were en-
abled to supply the public at a reduction of Bs. per chaldron, under
the general price, for ready money only, from the circumstance of
theirposseesing extensive collieries of their own is the North of Eng-
land. But all this was, as would be proved, a most impudent
attempt at inthostr.g upon the public ; for this Phenix Coal
Company was no other than Mr. %Valiant Poole himself, and his
extensive premises consisted only of a part of a wharf, and
• small mem for an office, while his large North of England
wollieries were the Coal Exchange in the City of London.--
The prospectus, however, had by. its specious promisesattracted the
public notice, and publicity having been given to it by advertise-
ments in the newspapers, a gentleman named Colonel EilirOWtS,
oho tended in Hill-street, Berkeley-square, was induced to notice
in This gentleman, naturally desirous to supply his establishment
with coals at the most moderate rate, provided their quality was
good, applied to this soi !inn! company by letter, in consequence
cf which Mr. Poole waited on him, and a contract was made fur
25 chaldron of coal called " Russell's Wall's End," at 40s. fid. per
soaldroo. It fortunately happened that the system adopted in
the coal trade suns such as to enable any one to trace the coal that
was supplied at the collieries from the colliers to the lighters, from
the lighters to the wharfs, and from the wharfs to the cellars of the
attneilMen This was done by means of certain tickets, which were
t ignited to be signed by different persons on the reapective deli.
oleos made of the coal. But the defendant had not been unaware
sr the danger of detection through these tickets, and therefore, to
OM/ his deception, be had altered the tickets in a manner so as to
=pose upon Colonel Burrow's, and to make that gentleman be-
bees he had received the same quality which had been contracted
Sir. Indeed a species of forgery had been committed in order to
effect this. The first ticket was for 15 chaldron of coals. This
ticket was originally made out for Wellington 31ain coals. The
alteration made was be " ington's" being erased, and the Well '
being altered into " id'alls"—the words " End" and " Russell"
being added. The acme forgery could not be committed in the
tickets for the other coals; they were therefore destroyed,
and others were made out without any signature of the meters
heirs given at all. Such a species of deception as this, it must
be obvious to the Jury, would, if not suppressed, work the moat
extensive injury to the public, inasmuch as that degree of caution
witch - is usually exercised by persons dealing with individuals
was tot used towards such a Company as this, which assumed to
hare the sanction and countenance of a large public body like that
t.i the Mayor and Corporation of the City of London. The fraud
taus effected was much more likely to succeed than under other
airaimatances. It tau therefore impossible that this Corporation,
which tau the natural guardian of the coal trade in the metropolis,
cuald, in their vigilance for the protection of the fair trader, have
acted otherel,e than they had done, by instituting the present'
action.. He would now call his witnesses, and after the Jury had'
tweed the incontrovertible testimony of the fraudulent transactions
of the defendant, they would not hesitate to convict hint in the full
penalties which such transactions justly subjected hint to.
Colonel Burrowes examined by Mr. COMAION SZIWEANT.-1
reside in Hill-street, Berkeley-square. I saw an advertisement of
the City Phenix Coal Company m the papers, which represented
that the Company sold coals eta rate much under the usual price.
I orme to the Company ; Mr. Poole, the defendant, called on me
It consequence of my letter, when I gave him an order for twenty.
flea chaldron of coals, which wese to be " Russell'. Wall's
End." He prepared a memorandum, and I signed it. He after.
wards sent the coals, and furnished me with a bill, in which they
Ate stated to be " Russell's Wall's End," and they were paid
toe as being of that description.
Cross-examined by Mr. Baououeet.—Russell's Wall's Erd
oaths were the coals agreed for. The coals tie sent me were very
good. In justice to Mr. Poole, I must say the coals were remark.
ably good, and were praised by all my servants, and they complained
because I did not continue to deal with him. A lire made with
them would certainly burn well until the morning.
The *green:eat between Colonel Burrower and Mr. Poole, and
also the receipt for the amount of the bill delivered, were then put
in sod read..
. . .

Mr. Martinelli was then examined by the Arroaxer-Gear.
cat —I received altogether thirty chaldrons in July for C9lonel
Burrowes ; I am his house steward ; I kept a memorandum of the
delivery of the coals., cod the tickets of the seller, which I received
end gave to Colonel Burrowes.
Colonel Burrowes was recalled, for the purpose of identifying the
tickets, which had been given by him to the clerkof the Land Coal
a‘ieter's office.
phones Day Rice called and examined.—l am a Land Coal
Weser, and was so in July 1623. In that month I was stationed at
the Phenix Wharf, at the bottom of Waterdane, Fleet-street.
On the 17th of that month I signed six tickets there. (The tickets
were then handed to the witness.) These were the tickets. It ap.
pears by my cbeck-book that the coals for which these tickets were
s.gned were Wellington Main Coals. On the 19th I sent out some
coals, which came by a barge called the Harris. Those coals were
Ord's Red Heugh. The other coals which were sent were called
Townley Main t they came to the wharf by the barge Jane. (Four
tiokets were then put into the hands of the witness.) These tickets
were not given by me. They have not my signature. These six
(looking at those produced by the witness Martinelli) were signed by
me, but the name of the mad has been altered since I signed them,
Lan Wellington Main to Russell's Wall's End ; the alteration is
OielrIDUS In one of them. Wellington Main, Ord's Red Haigh,
ard Townley Maki coals are all cheaper than Russell's Wall's
Cross-examined by Mr. Bannon/or—l never said that Mr.
Poole had not a chaldron of Wail's End all that month. Lambton's
is as good as Russell's. Other Wall's End are as good as others,
and some are better. I was never instructed to be particularly
.triot with the defendant. I know what " doing long fives" is.
It is not an Imposition of taking out four or five sacks from a room
of orals. Tt is this t—lf • person wants a room of coals, and they
TOO small, it is taking out four or live sacks of small coals, and
putting In large coal instead of them. I have taken " long fives"
at different places, but was never paid five guineas, nor even five
t.nillings fur it, but I have received eighteenpence for it. I do
not know that my employers ever knew anything about this. I
stied to get eighteenpeoce upon five chaldrea and not upon one.
1?y the ATTOINICW.GEMERAL—There were two deliveries
free.: the barge Harris, sad two from the Jane. I cannot tell what
quantity of Wall's End coal the defendant had altogether.
Mr. Henry Wood examined—Wall's End coals, on the 11th July,
• Itla, sold in the market at 435. 3c1., 435. lid. and 43c. 9d. per
caaidron ; Wellington Main at 325. 6d.; Orel's Red Ileugh at
345. e.cL ; Townley Main at 375. (This witness spoke to the snivel
of the vessels Palace, Maxwell, and Lord Cochrane, on the llth
The principal part oldie cargoes of these vessels was par.
united by Mr. Wtn. Dewey. Did not kuow the defendant as a
t.ayer 10 the market.
Mr. Rice reealled—The Prince and the Bee delivered coals at
Mr. Poole's wharf on the lath July, 1923. The certificates of the
-delivery were left there. The barge Harris delivered Ord's Red
Haugh as the 19th. The Jane delivered Townley Main on the
174 h. The prattler is to leave the certificates at the wharf for the
leap:elan of anybody.
Gouge Oardiner.—Mr. Poole had no Russell's Wall's End in
• july last. He had other Wall's End. There are eighteen qualities
of End; almost all are of less value than Russell'a.There are
two others about as good-Stewart's and Lambton's. Poole had a
fz, of Lounbton's.

Mr. Mtloommars fins objected that the delivery bad been proved
to be the 17th owl the 19th of July ; whereas the declaration in
all the counts stated it to be on the 13th.
The Loan CBI Cr JUST JCs—That is not material.
Bnonomase said, the next objection he should take was,
• that the action ought to have been bmught, not within three months,
. but within one month. The 148th anion of the statute said, that
ail xralties or forfeitures, &c. not cxresding9SL should be sued
forwithl one month. It also stated, that these penalties should
be rough: before Justices of the Peace. and not the Judges.
TLe Loan Cnier JUSTICE asked whether any construction
bad been put upon this part of the Act ?
Mr. fittooomsat believed not. He knew his Learned Friend
1.0.6.41 wy that he did tot go for the 201. pencity, but for *OOl. He
would bow fever humbly contend, that the action went for 25 dis-
hoot penalties of 1191., and he hoped his Lordship would take a
ramie this, unless, indeod.his Lordship would decide the point nt
(war.
'the ATTORWETZENEEAL—What we say is, that the Magis.
testes have no jurisdiction for so larr.- a sum.
The Loan CltiEr Jarrrott—Surely there must be some de-
. :ior: on we point ?
AvroastEr-Osirsaar. and Mr. Rio uuuuu both said
alt,y knew of norm
Mr. fiMrrT r said, the Magistrates had often convicted in as high
oaateltise as tour hundred puswds under On former Coal Act.
'so objected that the Act spoke only of the
' delivery," of the coals.
Jusrtcg...l consider the contract to em-
mad. auk* oltairratbos in reply to Mr.

twashies as tour hisadesd p
Ur. Liao oats,' so also a
red not the •• a
tee
1m
b oth./se Lows CHIMP J 1
Mr. Tt waa.s.r. atria
11,111