The Sun.
London, England, 1841-12-21 00:00:00

TILE SUN, LONDON, TUESDAY, DECEMBER 21, 18.41,

QUEEN'S BENCH.—(THIS DAY.)
(Sittings at Nisi Prins at Guildhall, before Lord DENMAN
and a Special Jury.)
HUTTON AND OTHERS 2): BARNET.
The SOLICITOR-GENERAL (with whom was Mr. The-
siger) stated the case. It was an action brought by the
plaintiffs, who are merchants trading to the coast of
Africa, to recover compensation for the loss sustained by
them in consequence of the defective description of cer-
tain guns called Tower guns, supplied to them by the
defendants, who are gun manufacturers carrying on busi-
ness in the Minories. The order was given to the de-
fendants in the year 1838 for 400 Tower guns. They
were understood to be for the African trade, and the
price paid was 9s. each. When the goods were landed
,on the coast of Africa, it was found that a large
number of the guns were spliced in the stocks.
They were old Government muskets instead of being new
'ones, and many of them were in so defective a state that
they were not merchantable and were obliged to be taken
back to England. The principal trade with the African
market was carried on by means of barter, and the
ivory and other articles received in exchange were taken
to another part of the coast and again sold or bartered,
so that the profit was thereby considerably increased. It
would be shown that the other goods taken out could not
be bartered without a supply of guns, and the loss sus-
tained by the plaintiffs arising therefrom amounted, as
would be shown by the accounts to 6971. Bs., and it was
for that sum the plaintiffs now sought to recover a ver-
dict against the defendant.
The followinc, witnesses were then examined:— _

Joseph ReedLl am in the employment of the plaintiffs,
Messrs. Hutton, who are extensive merchants trading to
the coast of Africa. The principal articles of traffic were
cloths, cottons, guns, powder;•&e. The defendants are
gun-manufacturers, carrying,.on business in the Minories.
The Medora was one of the vessels which the
plaintiffs were in the habit of sending out there.
I know the defendant, who is a gun-manufacturer.
In the month of November, 1838, the plaintiffs prepared
for a voyage to the coast of Africa. An order was given
to the defendants to supply a quantity of muskets. They
were what are called Tower guns, and the same as had
been ordered on former occasions from the defendants.
The order was for 400 muskets at nine months' credit,
and was dated Sept. 6th, 1838. A shipping order was
made out, and left with the manufacturers. The Medora
afterwards sailed for the Coast of Africa. An invoice
was put in and read. The price charged was
nine shillings each. There were others purchased from
another Birmingham manufacturer of the same descrip-
tion at 7s. 9d. The Medora returned on the 11th May,
1840. The value of the cargo she took out was 7,0741.;
she brought back a quantity of ivory. The price paid
for the muskets was 2461. 7s. She brought back 116 of
the Tower muskets. Mr. Barnet was told the guns were
defective, and he came and examined them himself. He
expressed himself sorry for seeing them in the state they
were, and said he should never send out any more
joined stocks. Many of the joinings were open.
Cross-examined—Our house has dealt with the defen-
dants for a number of years. We purchase various sorts.
We paid Mr. Barnet from ls. 6d. to 2s. for Tower guns
more than we were in the habit of paying to the Bir-
mingham manufacturers. I think we paid Mr. Barnet
10s. on former occasions. The Captain of the Medora
had a commission on the goods shipped. Some of the
guns shown to Mr. Barnet were slightly rusted. The
Captain was examined on the subject in July, 1840. He
is now on his voyage home.
The deposition of Capt. Serjeant, of the Medora, were
then put in and read. The voyage was to the south-
western coasts of Africa. Guns were one of the leading
articles of barter for ivory. The guns taken out were
Tower and Danes. The Danes are a larger description
of guns. The Tower guns were purchased from the
defendant. When I opened the chests of Tower guns
on the coast of Africa, for the purposes of bnrter, the
stocks appeared to be spliced, and in some of them the
joints were opened. There were 38 defective, and not
merchantable. We were kept out three weeks longer
in consequence of the guns not being merchantable.
Our expenses were four pounds per day. My com-
mission was five per cent. on the proceeds of the
voyage. There were a large quantity of goods which I
could not sell in consequence of the guns being defective.

Walter Adams—l am a gun-manufacturer at Birming-
ham. I have been 18 years in the trade. There are
new guns manufactured by us called Tower guns, and
there are also old guns called Tower guns. We manu-
facture guns for the coast of Africa—they are always
new guns for that trade. The barrels are bright, and
the stocks are made of beech. The guns for the army in
the Tower are made with walnut stocks, and the broad
arrow is also put upon them. We do not do that. I be-
lieve it is a punishable offence. Some of the guns shown
me are, I think, partly walnut stocks and partly beech. I
saw about 110 of these guns, and the stocks are most of
them joined with glue. The gun would be much better
if the stock were all one piece. I should think the guns now
shown me are not proper merchantable guns. The one now
handed me is an old Government musket. It appears to have
been made 30 or 35 years. The barrel is nearly as good
as when it was made. There are only three pipes for
the ramrod in the Government muskets, and this ono
has four, the pipes having been altered for that purpose.
Some of them have been pieced with glue in other places.
In 1838 I sold Mr. Hutton new Tower guns at 7s. 9d.
They were then at a low price. Unless it was so ex-
pressed in the order I would not supply old Government
stores. I think the old Government barrels are better
than the new ones.

Cross-examined--I sometimes purchase old Govern-
ment stores. They are sometimes spliced when we buy
them, and sometimes we splice them. I generally sup-
ply my own manufacture. I should never think-of
selling the old Government stores as new guns.
They are called repaired Tower guns. All Tower
guns are an inferior article in the trade.
I have sold such guns as these in perfect repair for about
Bs. a piece. The gun now handed me is an old Tower
gun, spliced and in good repair. I should say 9s. with
nine months credit was not an extravagant price for it.
I looked at 116 guns said to have been returned from
the coast of Africa, and of these 110 were spliced. Many
of them were very much open in the joinings.
John Baines—l have been 25 years in the gun trade.
I have been in the habit of supplying what are called
Tower guns for the African trade. It is an imitation of
the Government muskets. If an order were given for
Tower guns for the African trade, I should of course
supply new guns. In 1838 the London-made Tower
guns were 9s. to 9s. 3d., and the Birmingham Towers
were Bs. 3d. to Bs. 6d. I have examined about 116 of the
guns supplied by the defendant. They are spliced, and
decidedly unfit for the African market. I carry on busi-
ness in Fenchurch-street, but I have no manufactory.
Guns are a principal article in my trade, which I have
made up for myself._

Richaard Bailey—I am a wharfinger in the St. Cathe-
rine's Docks. I have been years on the African coast in
command of vessels, and at one time I sailed vessels for
the plaintiffs. I have been from one end to the other of
the coast, and know the trade very well. It is chiefly
carried on by barter. Guns and powder are the two
staple articles of trade there, and nothing can be done
with the natives without them. I have taken out a great
number of 'rower guns. The natives examine the guns
very minutely. I have seen the 116 guns brought back,
and think them decidedly unfit for the African market.
I never took out any spliced guns. If you palmed these
guns upon the natives they would not deal with you
again. I have seen glued articles drop to pieces in that
climate.

John Courtly—l have been twelve years in the African
trade as captain of vessels. I have made 13 or 15
voyages, and have bartered a great deal with the natives,
who examine the guns very minutely. I have examined
about 20 of these guns, and, in my opinion, they are
unfit for the African market. Glue is oleo use whatever
—it gives way immediately.
Samuel Samuels—l have been 25 years ift the African
trade. I should say that guns spliced like these are de-
cidedly unfit for that market—the natives would not
purchase them from their defective state. I never sent a
spliced Tower musket to my knowledge, nor never heard
of their being sent. I have sent second-hand guns, but
not very often.
James Secker—l am conductor of the Ordnance stores
for the Indian market. The stock is always in one
piece when the musket is new. If the stock was broken
below the tail. pipe it would be condemned. It would
be apt to come to pieces in firing if spliced below the
tail-pipe. All the guns I have looked at are spliced be-
low the tail-pipe, and some much lower, which makes
them more insecure. They would be sure to give way
in a hot climate. The guns we splice are dove-tailed
and pinned, and are allowed to be used in garrison service.
William Hamilton—l have been thirteen }ears an
African merchant, and know the trade. I would not send
out spliced guns, and do not consider them fit articles
for that market.
Robert Harrison—l have been ten or twelve years in
the African trade. I never inspected the guns before
sending them out. I never heard of a spliced gun till
these were shown me. I should think they were not fit
for the A frican trade.
Charles Pugh—l am an upholsterer and cabinet-maker,
and' have made furniture for the African market. I think
glued joints would not be fit to send. We dove-tail and
mortice. It would not hold without that.
Arthur Lewis—l have been thirty-five years an ivory
broker. The best quality of ivory comes from sor 10
degrees mutt' of the line. The best quality fetches 321.
the cwt. In Juno, 1840, I was employed by the plain-
tiffs to sell ivory brought by the Medora. The quantity
sold was 5 tons 5 cwt., and fetched something more than
2,400/.
.(The case was proceeding when we went to Press.)

COMMON PLEAS.—(THIS DAY.)
Sittings in London, before the LORD CHIEF JUSTICE
and a Special Jury.)
LEGGE V. BOYD.

This was an action against one of the collectors of
Customs of the port of London, to recover the value of
25 hogsheads of tobacco, damaged by unavoidable acci-
dent, which the defendant refused to deliver up on the
tender by the plaintiff of a duty less than that to which
the tobacco as first imported was liable, but, as the
plaintiff alleged, equal to the whole price the tobacco
would fetch in the market. The 'action was commenced
in 1836, and in 1837 issue was joined on the defendant's
plea of " Not Guilty by the statute," but in conse-
quence of a motion to alter or add to that plea, the case
has been detained before the Court in bunco, until the
present sittings.
The Attorney-General, Sir Thomas Wilde, and Mr.
Sergeant
C Spankie appeared for the defendant, and Mr.
Sergeant hannell and Mr. Martin fur the plaintiff.
The Court was occupied almost the whole of the
morning in hearing evidence and argument as to what
should be taken as the actual state of the record. It
was ultimately decided that the case should go to the
Jury on the general issue, according-to the plea of not
guilty by the statute. It was further agreed that instead
of raising a special case upon the clauses of the Act, for
decision, a full and special verdict should now be taken
on the evidence, subject to the direction of the Judge.
For oie plaintiff, it was shown that the tobacco in