The Sun.
London, England, 1808-07-21 00:00:00

L.l R l'O

COURT OF KlNG's‘ BENCH, !tici•

SIC-TINGs Tik.Fultfl.l.(sxll t.i.LENIIOI..ruGH ANIJ irECIAL

JUIKY.
WEST INDIA DOCKS

MESSRS. JOAN 4,;;D GEORG% COWAN. V. SMITH;
ESQ. SECRETARY TO THE PROPitIETOBS ON THE

WEST INDIA DCCKS.

Mr. TOPPING stated this case, and observe] it
was SU action brought to recover a very small sum,
but to-ascertain a quesiloo of great importance re-
lating to the West Inoia Docks and the sprit Mer-
chants. The circumstances were, that a Mr.. I.4:ord-
had imported 32 puncheons of in June, 1807,
which were bonded at the West India D •cks, there
being an A& of Perhament. of the prt:scnt Kit% to
that etre& ; they were regularly ganged. On the'
fled of September Mr. Ford sold .28piticheons to the
Plaintiffs, when• they were again ganged, and
,no
deficiency was found in the purcheons No. 3 and
The Plaintiff let them remain until the L!'il of
December, when, on ganging the puncheons„No.
3 and 12, there was found to be a deficiency of about
6 gallons. The Learned -Counsel ,then observed,
tins action was brought to recover the' diminution,
not; for the sake of the value, but to determine
whether the West India Dock Company, whti.have,
the exclusive right of the monopoly of this trade,
should be answerable for the ariscondua of their ser-
vants ? The 'West India Dock Company, when
they got into possession, cli.l not follow the mode of
the Proprietors.of the legal quays, by stowing their
liquors" in cellars; instead of which they had built a
shed upon the Wharf, with ,a number of windows,-
skylights, and doors, about twelve feet from the
surface of the earth, covered in with slates, that
caused a most immoderate heat, and injured the
spirits bonded. He would prove that the Company
were obliged to have water thrown by the means of
an engine over these sheds, to ,try to cool them.—
Although the present object appeared small, it was
a .question of great consequence, when it was con-
sidered what a qtiantity of spirits were imported into
this port, and the merchants were not only losing by
the mismanagement of the Company a cliantity of
spirits, hut also they were obliged to pay 'duty for
that which they never received. He would not only
proye there had been a diminution in the quantity,
but also in the proof. He would prove this case,
and he wa!, not the least doubtful but the Jury
would give a verdict for the Plaintiffs. kle.then
proceeded to call his witnesses.

Mr. Joseph Ford deposed, that
,40 imported and
sold the twenty-eight puncheons' of rum to the
Plaintiffs, and on the 22d of September they ,had
been re-gauged, when there appeared to be a dimi-
nution; in casks •23 and 28, of three gallons. He
paid the Plaintiff t3s. being the first cost of the
rum. He made no allowance on the puncheons
3 and 12.

Cross-examined by Mr. ATTORNEY •.GENER AL.
He did not know whether there was any diminu-
tiuti in puncheons 3 and 12. He was paid forthe,
whole in September.

John Pearson, excise-officer, deposed, that he
gauged the cargo of rum that came in the Vi;~en,
on the iGth of June ;' allowed :5710ths of an inch,
about a gallon, on each-cask, for wastage ; this was
usual on the landing ; had not the account of
number of casks gauged. He knew the sheds ereal-
ed by the West India Dock Company, and also the
vaults that were made use of before their ereEtion.
The vaults certaihly were the best. The sheds were

very hut, built on the surface of the ground, with a
great number of doors; about 16 or t 8 ; the sun
reflected very much- upon them, and when the
doors Were open there were drafty of air, which
causes, together, would produce both a diminution
of quantity and 6trength.
Cross-examined by Mr. ATTORNEY-GENERAL.

The West India Docks was the place appointed
by A6l of Parliament for all foreign spirits to be
bOnded, and they could be bonded no where else;
but it was not obligatory on the importer to bond
them, for he right have paid the duty and taken
them away.

The ATTORNEY-GENERAL admitted the storing of
the goods.
Charles Anderson, gauger to the Dock Com-
pany, proved the gauging of the cargo, on
the t 6th of June, with tthe allowance of one-tenth
of an inch for wastage ; the sale of the 28 pun-
.cheons to the Plaintiffs. in September; and. that ht:
gauged the puncheons No. 3 and t 2, on the 22d
Of September, when there was no diminution ex-
cept that of the one-tenth of an inch for wastage,
which never was taken into consideration after the
landing; on the 2d of December he gauged them
again, when they were leaving the Company's
Docks, and there appeared a diminution of rather
better than two gallons in each of the puncheons.
On his cross-examination by the ATTORNEY.
GENERAL, he.said that spirits would expand in hot
weather, and condense in cold—had seen instances
of it. He had gauged a cask on the 28th of March,
and on the ist of May following he Lid gauged' it
again, when it had expanded 3,loths ofzei inch, and,
from the best judgment he could give, the dimi-
nution-had been caused by the weather, and not by
any negledt or impi-oper conduct of the Company's
servants.

Four Excise Officers proved that the spirits in
general turned out to be shorter than when landed,
since the West India Dock Company liad,macle use
of the sheds, and it was not the ease_ bLore, al-
though the same allowance was mane.
Mr. Stonehouse, spirit merchant, deposed, that
he had seen the sheds, and thought them very im-
proper places to stow spirits in, being so near the
surface ~f- the • earth, • which made them as much.
exposed to the weather as if they were in the open
air; when merchants bonded their goods in jheir,
own cellars, there was oftener a surplus than a de-
Ociency.
On his cross-examination he stated, that he was
DOE interested in
sthin trial any farther than he had
suffered. from the nuisance, and would wish it was
done away with ; would notsay he would not bring
an a6tion if the present
.Plaintiff's succeeded, but
had. never engaged to pay part of the costs it the
Plaimiffs should be defeated ; in fait he 0-ever was
asked fife questiob.
Six revealable spirit merchants corroborated the
evidence of the last witness; -