The Sun.
London, England, 1840-10-20 00:00:00

BOW-STREET.

George Young, ofVauxhall-row Wharf, Lambeth,
was yesterday summoned before Mr. Hall, for that he,
being a coal-merchant, did sell six tons of coil, which
were delivered on the 3d instant to Thomas Twigg, of
Rose-street, Long-acre, as the purchaser, in sacks, 36
of which being weighed were found not to contain 224
pounds each, but were deficient.
The complainant stated that about a fortnight back
he ordered six tons of coal at the wharf, which, accord-
ing to agreement, was to be delivered at his house on
the 3d inst. There were 36 sacks in the load when it

arrived, and after the men-had delivered 12 sacks he
desired them to weigh one which seemed to him to be
deficient, but he was told that the machine was out
of order when it turned out to be light by several
pounds. He then desired that another should be weighed,
which also proved to be deficient although weighed with
a different machine, and the man went through twelve
sacks before the deficiency could be made up, the last
sack being found to contain no more than 741bs. It
then appeared that the entire of the twelve sacks were
deficient, but he could not tell what the original defi-
ciency might be, but there was a portion takn out of
twenty-three sacks to supply the deficiency of the one
that had been weighed, and which amounted to about
filbs. each.

Defendant—Did you call a policeman to stand by
while the sacks were weighing ? Complainant—l could
not find one at the time, but I procured two friends who
stood by, and who are present to name what they saw.
Mr. Ham. said that the oomph:in:ant was not bound
to call a policeman, as the presence of any disinterested
person would answer the purpose.
Richard Mason, No. 6, Gloucester-street, Vauxhall,
saw every sack weighed at the purchaser's house, twenty-
four of which he observed were deficient, but he could
not say to what extent, as there were no small weights,
and they did not appear to be just by many pounds,
some being 2lbs. or Sibs. and more deficient.
Defendant—The machine must have got out of order,
being shook so much in passing through the streets.
Mr. HALL—Every time you carry such a machine
you are liable to a penalty of 101., it being a distinct
offence, and the object evidently being to deceive
purchasers.
James Ferguson, a publican, happened to pass the
complainant's house when the dispute arose about the
coals, and having seen fifteen sacks weighed, they were
all deficient, but he could not tell to what extent. He
then went away, leaving the last witness with the com-
plainant, as he had no interest in the matter.
The complainant said that was the only evidence he
had to offer.
The defendant's clerk proved that he saw the coals
carted after being weighed at the wharf, but he did not
accompany them to the defendant's house. The sacks
were all of the proper weight at the time, and he could
not account for the deficiency, unless it was caused by
the stiffness of the machine.

AMA% HALL—Whether the machine was out of order
or not, your employer was using it when the coal was
delivering.

The rCian who delivered the coal proved that ma-
chines invariably got stiff from being exposed to the
wet when hanging under the waggon.
Mr. HALL—How often have you used the same
waggon and machine within the last two months ? Wit-
ness—We seldom use them except we supply new cus-
tomers.—(A laugh.)
Mr. HALL said, that if he were to take into consi-
deration the kind of machine with which the defendant
served new customers, and the deficiency in the coals, the
amount apparently would be more than he could in-
flict, and as there was a trifling difference in the account
given by the complainant's witnesses, he would fix the
average of the deficiency at 7lbs. per sack.
The defendant declared that when he was made ac-
quainted with the circumstances, be offered the com-
plainant to make up the deficiency, which he refused.
Mr. HALL—I shall fine you 241. with costs.

The defendant, on paying the fine, said he had
bought the coals from the London Gas Light Company,
in whose service he had been, and he had embarked in
the trade about two months, during which time he ne-
ver had a complaint brought against him.
The defendant's clerk said the waggon or machine
had never been out before ; and, as the men who had
delivered the load were not regularly employed, the oc-
currence was purely accidental.
Mr. HALL said that such business should not be left
to chance, but as the defendant was a very young man,
and had only lately gone into business, he would be
sorry to visit him with such a heavy penalty, seeing
that the complainant had not been at a loss of more
than 2s. Tne defendant should therefore pay a miti-
gated penalty of ss. each sack, with costs.
The defendant instantly paid 61., with the cost of the
summons, and was discharged.

TVORSH/P.. STREET.
Mr. Bingham,
from Lambeth•street, took his seat
yesterday morning upon the bench as one of the per-
manent Magistrates at this Court, vice Mr. Grove ; the
latter gentleman having been selected as one of the
Magistrates of the New Police Court that has been
established at Greenwich.
SHOCKING CRUELTY TO A HoasE.--Stephen Tho-
mas, a carter in the service of Messrs. Dodd and Co.,
dust contractors, New North-road, was charged with
having endangered the life of a valuable horse, belong-
, mg to his master, by stabbing it with a pitchfork.
Mr. Thomas, the Secretary to the Society for the
Prevention of Cruelty to Animals, attended to prosecute.
It appeared from the evidence of Thomas Smith, one
of the prisoner's fellow servants, that on the evening of
the 3d inst. he was at work in his master's stable, when
he heard the prisoner swearing' outrageously at a horse
which he was rubbing down in one of the stalls, soon
after which he seized a pitchfork and stabbed the animal
in the upper part of one of its hind legs. Although a
dreadful wound was inflicted, witness was afraid to men-
tion the circumstance to any one, on account of the
pugilistic powers and violent disposition of the prisoner,
which rendered him the complete terror of the place.
In consequence of the severe illness of the animal, Mr.
Jones, a veterinary surgeon, was called in, who found
that it had been dangerously wounded, and witness then
revealed to his master the cause of the injury.
Mr. Jones stated that one of the prongs of the pitch.
fork had caused a puncture more than five inches deep ;
and but for his having attended when he did, the animal
must have died. An extensive abscess had been formed
in the part affected.
In answer to the charge, the prisoner said that he
thrust the pitchfork at the horse in consequence of its
having bitten him.
Sergeant Dubois stated, that the prisoner on being