The Sun.
London, England, 1841-12-22 00:00:00

THE SUN, LONDON, WEDNESDAY, DECEMBER 22, 1841.

back to England. The principal trade with the African
market was carried on by means of barter, and the
ivoriNand..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 following witnesses were then examined
Joseph Reed—l 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 lie 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-examinecr—Our house has dealt with the defen-
dants for a number of years. We purchase various sorts.
We paid Mr. Barnet from Is. 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
ssuns shown to Mr. Barnet were slightly rusted. The
"s •
Uaptaan 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 barter, 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 one
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. Upless 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—l 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 Ss. 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.
Richard Bailey—l 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 ai;d 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 Tower 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 of no use whatever
—it gives way immediately. •
Samuel Samuels—l have been 25 years in the African
trade. I should say that guns spliced like these are de-
cidedly unfit for that market—the natives would not
sdt
ga
et e;
nor I never sent purchase them from their defkeenteizie
sheenatr heard
nsopfo spliced eivieeedirr)T.b Tower
sent.musket
havey
sent second-hand guns, btu
James Seeker—l am conductor of the Ordnance stores
fur the Indian market. The stuck is always in one
piece when the musket is new. If the stock was broken
below the tailpipe 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 rears an
African merchant, and know the trade. I would not send
out spliced guns, and do not consider them fit article,
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 south of the line. The best quality fetches 321.
the cwt. In June, 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/

It was then proposed to tender evidence of the loss
sustained, by reference to the accounts kept by the Cap-
tain ; but Lord Denman thcught it would be better to
leave that matter to arbitration, taking the opinion of
the Jury as to whether the plaintiffs were entitled to re-
cover or not. If the Jury was of opinion that the plain
tiffs were entitled to recover, the damages could be very
properly referred.

Mr. KELLY then addressed the Jury for the defendant.
He could not view without indignation the attempt
making by the plaintiff to recover so exorbitant an
amount of damages. In the present case the defendant,
in the regular course of business, sold 400 muskets of a
particular description ordered, as he was prepared to
prove. The price paid for them was about 1801., and of
that number somewhere about one hundred were returned
as being unsaleable, the value of which was between
401. and 501., and the plaintiffs instead of claiming the
difference in value between these muskets and sound ones,
which might be something between 101. and 20/.-instead
of claiming the full value of the muskets sent back, they
ask the jury to give them a sum of nearly 700/. • He be-
lieved the good sense of the jnry would at once scout so
preposterous a doctrine as that the plaintiffs were to
be paid for the probable profits they might have,
realized under certain circumstances. He would
now. call their attention to the contract, and he
would be able to show them that the defendant had
committed no breach of contract whatever. He would
show, by the evidence of persons long connected with the
trade, that the defendant had executed the order accord-
The order did not specify any usualing to the and mercantile meaning attached to it.
particular musket, and the
price being such as indicated an inferior description, the
defendant supplied the qualiti answering to that price.
There were two classes of rower guns, and when the
best quality was not specified, and the price, as he had
said, at least Is. each below that at which they could be
sold, he would show that it was the custom to send the
inferior description.
Hampden S. Priddie—l am foreman to the defendant.
I have been so fbr ten years. He supplies the Ordnance
and East India Company, and is one of the largest con-
tractors in the trade. There are long and short Tower
guns, and second-hand Towers. We send large quanti-
ties of guns to the African market, In 1838 the price of
second-hand Towers was 9s. to 9s. 6 1., and the new ones
were 10s. We have frequently spliced the second-
hand guns below the tail-pipe. We have sent
many thousands of them to the African market, and never
heard a complaint of them till the present time. The.
guns' supplied to the plaintiffs' order, were second-band
Towers. I inspected them all, and they were every oLo