The Sun.
London, England, 1833-12-23 00:00:00

the; PareA It fikily Mrt>re ds,agsd. it was
lowtr price.

Cross-examiner!—Lived in the country, be
cause to town every day. Could not say, ex
books, what fish was at the shop on the 25
broken as described, was nit worth more I
pound. Could not say whether any other bo'
2d. per pound.

Re•ezamined—The rassage of the Mary
six days. . The profit on the box was 91 or

defendant had buia moiety of that.
LORD CHIEF JUSTICE—Yes, but the coil
lose the whole.

Mr. J. Hogarth stated that he was a SI
Thames_street, and sold by commission at I
Mr. Hogarth, of Aberdeen, consigned to him,
of July, 70 boxes, a part of the Mary's cargi
fendants Mr. Gouter and Mr. Curling, also lo
By witness's invoice, No. 1 box, was sent as

. ,
quality. The Mary arrived on the 25th
quality of witneßs's '7O boxes was generally
were all sold by himself, and no col
. .

made of them. Had known defendant
five years. His character as a Ilk tradesman w,
Witness's box of salmon trout sold for 1/.

we'ghtof it being 99 lbs. If the ice bad brol

•
it would reduce the price to about 163. Tha
were decayed and unfit for food. If they
broken, and not decayed, be 'should have sol

3d. per pound. It sometimes happened that
the fish, and yet the fish may be sound and sweet.
that time there was great alarm about the cholera, will
had the effect of depressing the prices of flab to a considi
able extent.

Cross-examined—The price witness sold his fish
Sid., fish was often imported in a putrid state, and the
was ugu4l to give Mr. Goldbam information; witness:l
then in the habit of paying particular attention to I
condition of the fish ; all the salesmen bad recelt
directions so to do. He thought the Mary arrived on I
afternoon of the 25th, but he could not say.
Mr. Curling, also a fish factor, received part of
Mary's cargo, consigned to him by Hogarth and CC
he received about '7O boxes; they were sold on the 28
and would probably have been received by him on I
25th. Among them was one box of small salmon trot

They were in good condition, and not broken by the-icti
He sold them for 17s. 6d. It was only part of a box, 0:
weighed 661bs. It was at rather more than 3id. per 17
Defendant always bore a respectable character.
Mr. Henry Gouter, also a fish factor, received a part °(
the Mary's cargo-37 boxes. He received them on t/ei
25th in the evening, and sold them on the 26th. Hell°
a part of a box of small salmon trout, weighing 50 lbtd
which he sold for 14s. 6d. It was a little over 3d. per IL''
No part of them was damaged. The Mary had a6l
days' passage. Had known defendant 30 or 40 years, 0
be bore a highly respectable character.
Cross-examined.--When fish came in a putrid state,M
always gave information to Mr. Goldham. Would 0/
swear he had not done so ten times ; sad then lgf'
Goldham took them away to destroy them.
Thomas Darling, a porter, was occasionally emplolel
by the defendant. Remembered defendant receiving lb(
71 boxes by the Mary, on the 25th of July. They well,
all sold on the 26th. There was one box of trout amoo
them. Witness opened it on the morning of the 260'
Did not take out the fish. The grating in the box
preserve the fish was broken, and it and the ice pre
heavily on the fish. The fish looked very bad, because ~
was broken.

By the Jury—The defendant ordered him to open the
box for a person to see it ; the defendant was outside the '
door, and called to witness to open the box. Every fish
the box was wholesome for that day. After they well
sold he assisted in weighing part of them. They were
then objected to.
By his Loitrscur—lf the defendant did not know the
fish were badly broken, witness should not think it bit
duty to inf,rm him of it,
Jess 9 Hillier, in the defendant's service, remembere4
the sale of the box of fish to a man and woman, but be
did not know their names. Did not see the box opened,
but when it was opened, :be was ordered to weigh the',
when they were sold. A man who bought some ireful°
to take them, as they were too much broken. After that
a woman bought them, but be did not know the price
Could not tell who named the price. When they were
sold, the defendant was outside the door, where he gent',
rally was. Could not say whether the defendant cool
see the fish weighed or not. Heard Searle say that be
would be glad to eat part of the fish.
Cross-examined—The defendant sold the fish in the
usual way.
Henry Payne, in the defendant's service, stated that at
eight o'clock in the morning, a complaint was made
of the fish by a woman who demanded her money bie4
again ; before lie paid the money back he sent witness
Mr. Goldham's office to look at the fish. He did so, and
then went and told the defendant what had happened. Sao'
Searle take up some of the fish, and he said he should
be glad to eat of them. 'Witness said so too, and
Mr. Goldham ordered witness nut of the office. There
were about ten persons handling the fish. The fish
were good for that day, but the entrails were pressed out-
Cross•examined—Defendant received the money fro'
the woman.

Mr. FOLLETT then replied to the evidence on the pars
of the prosecution, contending that his case had beer,
fully made out.

The Loan CHIEF JUSTICE brirfly summed up the
evidence, and left it for the Jury to say whether the
evidence showed either that the defendant knew the fish
to he unwholesome when he sold it, or that there will
such a suspicion of it that the defendant neglected to
inform himself of the fact.
The Jury found the defendant Guilty.

COURT OF EXCHEQUER.-(THIS DAY.)

Before Mr. Baron GURNEY and a London Commission.)

COHEN V. TOWNSEND.

This was an action of trover to recover a quantity of
Furs.

The plaintiff was a fur manufacturer. The defendant
an exporter of manufactured articles. In May, the
plaintiff, being in want of money, sent a quantity of goods
to the defendant, and through his son borrowed upon them
the sum of 10/., with a proviso that he might redeem
them in a month for 11/. ; but if lie failed in that, then
the goods were to become the property of the defendant.
The only witness who proved these facts was the plain-
tiff's son, who, in his cross- xamination, swore that the
goods did not belong to him, though, till withia a week
or two of the transaction in question, be bad
dealt with the defendant on his own account, and 41
the same line of business. Neither did he, at the time he
received the money, give any invoice. A paper was put
into his hand which he said was in his handwriting. It
was put in by defendant's counsel, and proved to be an
invoice of the goods in question, with the agreement as to
the power of redeeming them wrote at the bottom.
His Loansasir summed up, and commented upon the
conduct of both parties with some severity. He said he
always thought it the safest course to pursue to give
credit rather to the writing of a party made at the time
in preference to a subsequent oath.
The Jury almost instantly returned a verdict for the
defendant.

41tRIVAL.

from Whg

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PRICES

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money than
loodt quoted
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